Combining positions in one organization. TC RF: features of registration and payment

The combination of positions in one organization is not uncommon. Many workers consider: why not to work for two, if this is possible? Of course, we will have to spend too much time on this, but there are certain advantages. Well, it's worth talking about this topic in more detail.

Article 60.2 of the RF Customs Code

Before talking about combining positions in one organization, it is worth turning to the law. Namely to the first part of Article 60.2 of the Labor Code of the Russian Federation. In accordance with it, the employee may be instructed to perform additional duties for a certain time. But only with his consent or statement, submitted in writing. This work can be added to the main, prescribed in the employment contract. What about activities? The work can be the same (just increase the number of cases) or in another specialty / position. This is more like a traditional combination. Of course, all this is certified in documents, and the additional burden is paid.

But it should be noted one nuance. The combination of positions in one organization is allowed if it is expedient from the economic point of view. And of course, if the employee can take on this responsibility and carry an additional burden. Otherwise, the decision to combine does not bring any benefit. This should be taken into account both for the employer and for the person who is willing to take on this duty.

Combining order

In accordance with Art. 423 of the LC RF, the normative legal acts of the USSR (already former) can be applied in a part that is not contradictory to the LC RF. This must be paid attention. And if the employee is entrusted with the implementation of additional loads, then an additional payment must be established. Personnel documents also need to be formalized. The current version of the Labor Code does not contain definitions of such a concept as "combining professions". But there is a Resolution No. 1145. And it establishes the procedure by which it is possible to combine two activities (positions). At the same time, the resolution says that the employee can expand the service area or increase the amount of work that he does at the enterprise. He also has the right to assume the duties of temporarily absent employees.

The additional work is assigned by specialists either on a temporary or on an ongoing basis. But this is possible only if the state has a free position. Suppose that the company employs 30 people. And the number of necessary specialists is also 30. One of them is dismissed because of the lack of proficiency (for example). And the place, respectively, is released. A person who is suitable for a position can apply to the authorities with an official request to give him this place for a combination.

Who is allowed to combine?

So, everyone understands that the labor skills of the performer of additional duties or posts must comply with the established requirements. Therefore, the combination of positions in one organization is regulated by them. That is, at school the teacher of the Russian language and literature can not in any way teach additional geometry if he did not receive a second higher education in this specialty. He must have appropriate skills and knowledge.

But, for example, the driver of an enterprise car may well take up the post of a courier or freight forwarder. His skills and skills are enough to deliver any documents or cargo.

But the combination of two positions in one organization is possible, even if they belong to different categories of personnel. What is meant? For example, a senior seller (this manager's position) can easily perform the duties and merchandiser (this implies placing the goods in the appropriate order and according to established rules). In fact, the categories are different, but combining all of the above is not prohibited.

Or for example, a chef at a small cafe. These specialists often combine this position with the duties of the dishwasher. Or cleaners. That is, they wash dishes for customers and clean the kitchen. The main thing is to arrange all this, but in practice it is often found that the cook and dishes wash, and the kitchen, but receives only one activity - the main one.

About design

Many people are interested in the logical question: how to arrange the combination of positions in one organization? So, we need to talk about this in more detail. Combination is the labor function of an employee. Accordingly, the mandatory condition of the employment contract. What follows from this? The fact that when an employment contract is drawn up with a specialist, to whom the combination is established already at the time of employment, an additional condition is included in the document. He is recorded in a section called "Labor function". It is there that they write about the combination of positions or professions by an employee. Another item is often entered in the section called "Special Conditions". There also indicate an additional salary.

In the event that a person already carries out his activities under a concluded labor contract, inclusion in the document (or exclusion) of conditions relating to registration is carried out separately. Why? Because this procedure is a change in the terms of the contract is obvious. In such situations, an additional agreement is drawn up that is an attachment. In relation to this procedure apply the same rules as to the contract itself. It will require the consent of both parties in writing and everything else.

By the way, what about payment? The combination of posts in one organization, the design of which is not so difficult, provides for additional payment. Its size is determined by agreement, concluded between the hired specialist and the employer. It can be specified either in percent (calculated at the tariff rate), or in the amount of rubles.

Information for Employers

The law does not provide that to receive the consent of the employee must be made out any documents, other than an additional agreement to the employment contract. However, in each organization, additional procedures may be envisaged (for convenience) preceding the conclusion of an additional agreement. They will be accompanied by the registration of any papers. The preliminary consent of the employee to the additional work to be assigned is most often obtained in practice in two ways.

The first is as follows: the employee draws up a written application with a positive resolution of the company's chief. But! This is the case if the employee himself was the initiator of holding a combination of positions in one organization. The rules are as follows.

The second way is just right for the managers of the enterprise. The chief must draw up a memorandum. In it you need to clearly explain the reasons why he invites a specialist to a second position. On this note, the employee subsequently writes his consent. Or refusal. But the point is that any decision, whatever it is, should be fixed on paper.

What conditions must be observed?

So, the order of combining posts in one organization implies also compliance with some conditions. In the concluded supplementary agreement, it is necessary to prescribe them. First of all, the type of additional work is indicated. After this - the period during which it will be carried out by the employee. The third condition is the volume or content of additional work. And of course, the amount of additional wages.

After everything is spelled out in the document, an order will be issued concerning the personnel, about combining. There is no unified form of this document. So it is published in free text form. Here only on a special paper - on the order form.

Also, the date with which the specified period begins begins to be indicated. The order to combine posts in one organization does not always contain the date of its termination. In the event that a specialist is assigned to a particular position for an indefinite term. Another thing is when he was appointed to perform the duties of a person who went on vacation. Then, in the appendix to the contract, it will be indicated for which period the employee was put on a combination.

And if this combination of positions head of the organization? And this also happens. In such cases, practically nothing changes. Only for the boss is the right to make management decisions and sign the relevant documents.

How to refuse?

What other nuances is the combination of positions in one organization? The LC RF says that the employee has the right to refuse ahead of schedule the performance of additional work, having warned the other party about it in writing in three working days.

It is necessary to pay attention to the fact that any person can give up, this is his full right. No one can force him to take on an additional burden. That is, if the chief after refusal will apply any kind of sanctions to the specialist, then this is a violation of rights.

In that situation, if the cancellation was initiated by the head of the enterprise, it is also necessary to issue a separate paper. This is a special notice that notifies a person about the termination of two posts at the same time. With notification, the specialist should be familiarized with the painting. It is advisable to make two copies. The first will remain with the employee, and the second will be with the chief. By the way, the specialist will have to subscribe to the fact that he got acquainted with the paper and received a duplicate of the document.

What is done after the order to combine is terminated? Combining positions is a serious matter, and it is logical to assume that when the contract is terminated, it is formalized in writing. All right! As soon as the employer and the employee have verbally agreed on the termination of the merger, it is officially fixed.

Things to know

So, it is logical that when a person begins to work in the literal sense of the word for two, the length of his work day also increases. But overloads are unacceptable. Within one month, the time worked by the combining specialist should not exceed 50% of the norm of labor time established for the respective class of employees.

It is also interesting that in those days in which a person is free from performing his duties in the enterprise, he can work for the benefit of another organization. Is it possible. And many people do so - the majority. Otherwise, in our time and in our state, an ordinary person does not live. So it is necessary, as they say, to work on two jobs. What is not uncommon. Incidentally, this is the combination of positions in different organizations. But it is not allowed if the employee is less than 18 years old. And still it is impossible to work on two posts at the enterprise with harmful or dangerous conditions. Otherwise, it may endanger your health.

Another head of the enterprise has the right to be a hired employee of another organization. But! For this it is necessary to obtain permission. And it is issued by the authorized body of the legal entity. Or the owner of the property of the enterprise.

Important nuances

So, a lot has been said above about the combination of positions in one organization. Registration, in principle, a simple procedure, but requiring compliance with a lot of nuances. And some of them have not been agreed yet.

So, the trial period. At many enterprises it is established. But! If an employee who is already working for the first time in the company is on the job, then there is no question of any probation period. He already passed it.

The second important point. This is a vacation for combining positions in one organization. Everyone knows that every worker has the right to it. And every year. It is provided at the place of primary work. However, for the period of leave, the specialist is exempt from the execution of cases both in the first, main, and in the combined specialty. Thus, additional days of rest, unfortunately, can not be expected.

And what about vacation? Also an important point. If a person received a salary for the combination in the so-called settlement period, then all this will be taken into account during the calculation of vacation pay. This necessarily implies the combination of positions in one organization. Payment must be worthy, and vacation it also applies. As well as benefits! The surcharges accrued for the combined position are also taken into account when calculating benefits.

Finally

In conclusion, I would like to say a few words about what entails a combination. Of course, the employee will have to experience the most. It is not easy to bear the burden of responsibility for two at once. This often affects the productivity, health, the state of the nervous system. The person gets tired more quickly, less rest. Of course, now it's such a time that everyone tries to earn by any means, working on both two and three posts. But you need to really assess the situation. Employers benefit - do not need anyone to look for, assign a trial period, re-educate a specialist. But the employee will have a long time to get used to the new regime and to double the load. So you should think carefully before making a decision.