An order to combine positions is a document that must be issued so that an employee can work part-time. In addition to it, there are other important nuances that must be observed. In the article, we will tell not only how to correctly issue a sample order for combining positions, but also the refusal of a part-time job.
Combination order
The term is disclosed in Art. 60.2 of the Labor Code. It involves the performance of various additional work functions during office hours:
- An increase in the volume of work in the same position (for example, when one employee is absent, another with the same specialty also performs his duties).
- Performing work for a colleague who is temporarily absent (for example, when an employee is on maternity leave).
- Combination of positions or professions (in essence, these are identical concepts, but the first is more often used in relation to management and specialists, and the second - for work or technical areas).
Cases can be different: from closing a position to temporarily replacing an employee who has gone on vacation. The appointment is necessarily accompanied by a special administrative act for combination. It is published by the director on the basis of the written consent of the employee and an additional agreement to the employment contract.
A sample order for combining positions in 2019 contains the following information:
- Work description.
- The position that the employee will occupy (in accordance with the staffing table).
- Work period — start and end date (for a fixed-term contract).
- List of added duties (or a link to the regulations).
- Agreed amounts of compensation (fixed or as a percentage of salary).
The difference between combination and combination
In legislation, these concepts are distinguished according to the following criteria.
| part-time | Combination |
|---|---|
| Work period | |
| In free time from main duties | During the main working hours in the enterprise where the employee performs his main duties |
| Registration | |
| The conclusion of a separate employment contract is required (Article 282 of the Labor Code of the Russian Federation) | No separate employment contract required |
| Working hours | |
| It has restrictions and cannot exceed 4 hours a day (Article 284 of the Labor Code of the Russian Federation) | Equal to the duration of the main working time of an employee (part 1 of article 60.2 of the Labor Code of the Russian Federation) |
| Surcharge rules | |
| Payments are made in proportion to the hours worked, depending on the output or on other conditions that are fixed in the employment contract (Article 285 of the Labor Code of the Russian Federation) | The employee is paid extra (Article 151 of the Labor Code of the Russian Federation) |
What is required for an order
In order to properly prepare a sample order for combining positions in one organization in 2019, you must:
- Determine what type of work the employee will temporarily perform: regular or requiring additional qualifications. For example, a teacher needs a medical book, a welder needs a special work permit, etc. If there are such requirements, you need to check the employee for their compliance.
- Set deadlines. You can immediately designate a specific period (from what date to what date) or only describe the situation (during illness, etc.).
- Obtain the consent of the employee (mandatory requirement of the law, article 60.2 of the Labor Code of the Russian Federation).
- Determine the amount of the surcharge (Article 151 of the Labor Code of the Russian Federation) and the way it will be set: in a fixed amount of money or as a percentage of the salary.
Employee Consent
Before compiling a personnel sample of an order to combine positions in one enterprise, it is necessary to obtain the consent of the employee. It can be issued in any form, but must be in writing. The paper should record the will of the employee, his consent to perform additional work, its duration, content and volume. Here you need to focus only on the rules of workflow adopted in a particular organization.
Examples of document formatting include the following:
- unilateral application of an employee addressed to the director of the organization;
- a bilateral agreement between the employee and the head of the enterprise on the performance of additional work;
- the employee’s resolution “I agree”, the date and personal signature on the text of the employer’s proposal to perform certain duties.
Agreement made
When combining positions, this fact must be formalized by agreement. This paper acts as an addition to the agreement concluded between the employee and the director of the enterprise.
This personnel document states:
- Duty period.
- Composition and scope of work.
- Payment.
If there is an instruction that defines the procedure and responsibilities for the work performed, the employee must study it.
How to fix the surcharge
For additional work, the administration pays extra to the employee (Article 151 of the Labor Code of the Russian Federation). The amount of the additional payment is established by agreement of the parties. When determining a specific amount, the content and scope of additional functions are taken into account. The tax for such additional payment is also paid by the employer.
An additional payment for additional work is established by the same order as the side job itself. A new sample order for additional payment for combining positions is not needed. Just make sure you have the right item available. It can be formulated, for example, as follows: “For the performance of a labor function, as an assistant to the head of the personnel department, establish the secretary V.V. Viktorova a monthly surcharge in the amount of 10,000 (ten thousand) rubles.
We issue an order
An employee cannot begin to perform additional duties until a personnel order is issued to combine positions (sample), a unified form for such an order is not established by law. The order gives the legal right to start performing additional labor functions. When compiling, fill in the following items:
- FULL NAME. employee;
- document and company code;
- name of company;
- type of activity on an additional basis;
- position;
- labor functions;
- the amount of remuneration and the period of work;
- special conditions (if necessary).
The employee must be familiarized with this normative act under the signature.
Sample order for combination of positions
When combination stops
If an employee wants to stop working additionally, he must notify the organization no later than 3 working days in advance (Article 60.2 of the Labor Code of the Russian Federation). The same rule applies to employers.
If the employee himself refused an additional position, he needs to fill out an application that contains a request to cancel the corresponding additional agreement. It is drawn up in any form, the reasons do not play a role. The statement indicates.
An order to combine positions - a sample of this document, if used correctly, will allow the company to minimize the risks of violating the law. A sample order for combining positions is given in our article. In addition, it considers the procedure for issuing such an order.
Preliminary actions when issuing an order to combine posts
The possibility of an employee performing additional work for a fee during his working day is provided for by Art. 60.2 of the Labor Code of the Russian Federation.
The issuance of an order to combine posts requires the preparation of:
- Firstly, it is necessary to decide what kind of work the employee will temporarily additionally perform - ordinary or having some specifics (for example, an electric and gas welder needs a special work permit, a teacher needs an up-to-date personal medical book, etc.). If there are special requirements, then the combining worker must comply with them.
IMPORTANT! In this article, we assume that the position, the combination of which is planned, is in the staff list. In its absence, the employer bears the risk of negative consequences, since his expenses from the point of view of calculating the tax base in this case may be recognized as unreasonable (see the decision of the 15th Arbitration Court of Appeal dated February 15, 2012 in case No. A53-17177 / 2011 and others). - Secondly, to establish the expected term for combining posts. Is it possible to immediately determine specific calendar dates (for example, during a business trip of the main employee) or only describe the situation (for a period of illness, while a vacancy is open, etc.).
- Thirdly, according to Art. 60.2 of the Labor Code of the Russian Federation, it is necessary to obtain the consent of the employee to combine positions. We will consider the subtleties of obtaining it in the next section.
- Fourthly, it is necessary to determine in what amount the surcharge will be made under Art. 151 of the Labor Code of the Russian Federation, as well as how this amount will be set - as a fixed amount of money or a percentage of the official salary of the employee whose duties will be performed when combined.
Consent of the employee for issuing an order to combine
The legislator does not establish mandatory requirements for the form of obtaining such consent. The law enforcer is allowed any of its execution in writing, which allows to reliably record the will of the employee - consent to the performance of additional work, its duration, content and volume, which meets the rules of document flow adopted in the organization.
For example, the consent of an employee can be issued:
- unilateral application of the employee for the combination of positions addressed to the employer;
- a bilateral agreement between the employee and the employer on the performance of additional work (it is important not to confuse it with an additional agreement to the employment contract, this is a separate document);
- by the employee’s resolution “I agree”, the date and handwritten signature on the text of the employer’s written proposal to perform additional work on the terms of combining positions.
IMPORTANT! There is an opinion (see appealdefinitionof the Moscow Regional Court dated 06/09/2014 in case No. 33-12594 / 2014),that the written consent of the employee must be drawn up by the employee himself. At the same time, such consent may also be contained in another document, for example, as in the specified litigation, in an application for maintaining the teaching load.
Issues of remuneration when combining
The rule on the need to make additional payments when combining posts is imperative and is based on the provisions of Art. 37 of the Constitution of the Russian Federation and ILO Convention No. 29 dated June 28, 1930, which is confirmed by the established judicial practice (determination of the Primorsky Regional Court dated November 26, 2015 in case No. 33A-10844/2015, etc.).
In the part that does not contradict the Labor Code of the Russian Federation, the clarification of the State Committee for Labor of the USSR “On the procedure for paying for temporary replacement” of December 29, 1965 No. 30/39, which establishes the concept of temporary replacement and a ban on appointment as acting in a vacant position, applies. The courts still continue to refer to it (see the appeal ruling of the Tverskoy Regional Court dated June 16, 2015 No. 33-2068).
There is a point of view that it is not necessary to pay extra for a temporary combination if the official duties of the head of the organization are temporarily performed by his deputy and this duty is indicated in his employment contract (see letters of the Ministry of Health and Social Development of the Russian Federation dated March 12, 2012 No. 22-2-897, Rostrud dated May 24. 2011 No. 1412-6-1). But the Supreme Court of the Russian Federation (see ruling dated March 11, 2003 No. KAS03-25) does not recognize such a point of view as legitimate.
In addition, neither the Ministry of Health and Social Development nor Rostrud are sources of legal regulation in this area. On this basis, we recommend not to take into account their opinion when resolving the issue of remuneration in the above case.
Arranging a combination of positions
One of the necessary actions when issuing an order to combine positions is the conclusion of an additional agreement to the employment contract. We will not dwell on it in detail.
There are nuances directly when issuing an order to combine posts. Due to the fact that unified form there is no such order (unlike the unified form order to transfer an employee to another job), it is advisable for employers to develop samples / forms of such orders, taking into account the norms of legislation and the legal position of the courts (see, for example, the rulings of the Constitutional Court of the Russian Federation dated February 17, 2015 No. 237-O, the Supreme Court of the Chuvash Republic dated August 01, 2011 in case No. 33- 2829-11 and others).
After that, it is mandatory to familiarize the employee with the issued order, which will be confirmed by his own signature and the inscription: "Familiarized" / "Familiarized and agree."
Features of issuing an order on combining posts in the event of a temporary assignment of duties to the head of the organization
Since the legal status of the head of the organization is regulated by the norms of labor and civil law, the temporary assignment of his duties to another employee has its own characteristics. This is due to the specifics that the Supreme Court of the Russian Federation drew attention to in the resolution of the plenum “On some issues that arose with the courts in the application of legislation regulating the work of the head ...” dated 06/02/2015 No. 21:
- First, it is necessary to clarify whether the constituent document of the organization and the employment contract with the head provide for such an opportunity.
- Second, within the meaning of Art. 53 and 65.3 of the Civil Code of the Russian Federation, the head acts on behalf of the organization without a power of attorney. Therefore, the replacement person must be issued a power of attorney with a list of powers.
In judicial practice, there is an opinion that the sole manager is not entitled to appoint a temporary acting person (see the decision of the Federal Antimonopoly Service of the Moscow District dated July 21, 2009 No. KG-A40 / 6394-09 in case No. A40-56418 / 08-131-389). However, the legal position of the courts prevails, giving the head the right to appoint the person acting for him (see the decision of the Arbitration Court of the Far Eastern District dated September 28, 2015 No. F03-3854 / 2015 in case No. A51-34095 / 2014, etc.).
IMPORTANT! If the acting head was appointed, then information about this does not need to be entered into the Unified State Register of Legal Entities on the basis of paragraph 1 of Art. 5FZ“On state registration of legal entities…”dated 08.08.2001 No. 129-FZ, as well as the procedure for maintaining the Unified State Register of Legal Entities (approved byDecree of the Ministry of Finance of Russia dated February 18, 2015 No. 25n).
Draws attention to the absence of such a dutyFederal Tax Service of Russia in a letterdated 21.01.2011 No. PA-3-6/114. Ethen confirmedand practice (see the decision of the Arbitration Court of the Volga-Vyatka District dated December 21, 2015 No. F01-5107/2015 in case No. A43-26522/2014).
The use of the proposed sample of the order on combining positions in the absence of a unified form will allow employers to reduce the risk of violations, as well as correctly, competently and promptly ensure the temporary assignment of additional duties to the employee.
Sample order for combination of positions can be downloaded from the link:
Quite often, employers need to redistribute human resources. Accordingly, the correct execution of an order to combine positions is an essential skill that personnel department employees and business leaders should be endowed with. the editors of the site decided to figure out the procedure for processing the document, as well as other papers related to the combination.
Article 60.2 of the Labor Code regulates the possibility for an employee to combine positions and professions. Combination is possible only with the written consent of the employee. At the same time, he may be entrusted with the performance of 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 wages. The legislation provides for several similar forms of legal relations in which an employee performs not only his work, but also the duties of another employee. Let's consider them in more detail.
Types of joint activities
The current labor legislation identifies the following forms of legal relations related to additional employment:
- Combining or expanding service areas or increasing the volume of work, including through the performance of the duties of a temporarily absent employee;
- Compatibility.
The combination implies the performance of additional duties that are carried out during the working hours established by the employment contract. For example, if the employee's work schedule is from 8 to 17 hours, then during this time he performs both his duties and additional ones. It is especially worth noting that in this case he performs work related to another profession.
The concept of "part-time work" means that a second employment contract must be concluded with an employee who will perform additional work. The fulfillment of obligations under this contract should take place in free time from the main work. 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 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 the performance of duties both in his specialty, or position, and in another.
The existing procedure for formalizing 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 a combination
The form of such a proposal is not defined in legislative acts. Therefore, at each enterprise, this document is drawn up in a free form. After receiving the proposal, the employee must mark it as “agree” or “disagree”.
If the possibility of combining is negotiated in the process of employment, then there is no need to draw up such an offer, in principle, since such details can be agreed within the framework of an employment contract.
Conclusion of an additional agreement to the employment contract
The additional agreement must contain the conditions for the provision of work on combination. First of all, it is indicated that the work is entrusted with the written consent of the employee. Then data on the profession or position for which the employee will have to perform additional functions are entered, the scope of work and its details are specified. It is mandatory to enter information that the work will be performed during the main working hours, and the deadline is also indicated. In addition, the agreement must contain data on the amount of additional payment for the performance of additional functions.
It is worth remembering that the additional agreement is issued in two copies, one of which remains with the employee. The receipt of his copy, the employee confirms 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 - a unified form of this document is not approved by law. Its sample is shown below.
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.
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 in combination mode. 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, the sample order for additional payment for combining positions is not approved by law.
Cancellation of the combination of posts
The algorithm for canceling the combination of posts depends on how it was formalized. If the order indicated a specific period for which the employee will hold an additional position, then the cancellation occurs automatically after this period. If the legal relationship was formalized indefinitely, then it is necessary to draw up an order to cancel them, 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 an appropriate application. In the second case, the employer submits a notice no later than three days before the completion of the additional functions. Within these three days, an appropriate order must be issued.
The existing legislation does not approve a sample order to cancel the combination of posts, so it is drawn up in a random order. However, it must include the following information:
- Position;
- Period of performance of work;
- Its volume;
- Established wages.
A sample order to remove the combination of posts is presented below.
We emphasize that the employee's refusal to perform additional functions is his right. And the use of this right does not entail any legal consequences and punishments on the part of the head.
Under the concept of "combination", disclosed in Art. 60.2 of the Labor Code of the Russian Federation, a fairly large number of additional work functions performed during office hours fall under:
- an increase in the volume of work in the same position and specialization (for example, the performance of work in two positions of the same type in one unit in the absence of a second employee);
- performing work for a temporarily absent colleague (for example, for an employee on maternity leave);
- combination of positions or professions (in fact, this is the same thing, but the term “profession” is more often used for working or technical areas, and “position” for management and specialists).
On our forum, you can ask any question that you have in the course of working with personnel documents. For example, we are discussing how to arrange a combination of positions in the 1C program.
Features of registration of combining positions (professions)
1. The possibility of combining must be documented.
For this, several conditions must be met:
- a position with functionality for combining should be in the staff list;
- this position should not be occupied by the staff member for whom it is the main one.
2. A written confirmation from the employee is required on the consent to the additional workload for combining.
Two scenarios are possible:
- the employee himself writes a statement with a request to assign additional functionality to him, and the manager endorses him, expressing his consent;
- the head of the unit draws up a document imposing additional duties on the employee, the employee signs that he agrees.
3. An additional agreement to the employment contract with the employee must be drawn up, which will become an integral part of this contract. It must include the following items:
- about the type of additional workload (combining positions, increasing ordinary duties, etc.);
- the terms for which the combination is established;
- a list of additional functions (or a reference to the relevant job description);
- if the employee wrote the application himself (according to the first scenario), information that the combination was appointed at the request of the employee;
- about the amount of compensation for the additional load.
4. Special conditions are drawn up in cases where additional functionality requires professional qualifications, permits and certifications. In this case, you should:
- ask the employee for additional documents confirming his right and ability to perform these types of work;
- include special requirements and information about their compliance in personnel documents.
Read more about personnel documents in the article "Personnel documents that should be in the organization" .
Order on the combination of posts
The combination order is the basis for the employee to start working on additional functionality.
It is published when available:
- A document with the written consent of the employee.
- Agreements to the employment contract.
The order must contain the following information:
- Characteristics of the type of additional work.
- Specification of the position for which the combination is assigned (according to the staffing table).
- Dates of beginning and end (if the contract is urgent) of work on combination.
- Description (list) of additional functionality (or reference to a regulatory document).
- The agreed amount of compensation (can be set both in a fixed amount for the period, and as a percentage of the salary for the combined position).
Read about the place of this compensation in the salary structure in the material “What does the salary consist of?” .
Sample order for combining positions (according to the unified form KP-152)
The current regulations do not establish a unified form of the order to combine positions.
The recruiter has several options:
- Draw up an order in free form, taking into account all the requirements and circumstances.
- Finalize the form approved by the State Statistics Committee (usually they take the T-1 form and include additional parameters in it).
- Take advantage of the legacy of the USSR (in those parts that do not contradict existing laws). In addition to detailed instructions on the design of the combination (which are mainly used now), in the USSR there was a form of order for the personnel of KP-152 to combine positions (professions). If such a form is used, it must be approved for use by the organization. To do this, the head of the organization puts a stamp on approval in the upper right corner of the document.
Order to transfer an employee to another job
The procedure for generating an order for transfer to another job is similar to the procedure used when applying for a combination. The difference is that during the transfer, the previous duties are removed from the employee. Accordingly, payment for new duties is assigned to a new position. Since there is no combination of functions for two jobs, there is no additional compensation.
Unlike the combination order, for the transfer order there is a separate form T-5 “Order to transfer an employee to another job”, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1.
Form T-5 you will find in the article "Unified form No. T-5 - download the form and sample" .
Results
The current Labor Code of the Russian Federation contains only general provisions regarding the registration of a combination of posts. To detail them, you can use the regulatory documents of the former USSR that do not contradict the norms of the new laws:
- Decree of the Council of Ministers of the USSR "On the procedure and conditions for combining professions (positions)" dated 04.12.1981 No. 1145;
- instructions of the All-Union Central Council of Trade Unions, the USSR Ministry of Finance, the USSR State Labor Committee “On the application of the Decree of 04.12.1981 No. 1145” dated 05.14.1982 No. 53-VL.
There is no unified form for issuing an order to combine positions.
Order- This is a legal act issued by the head of the enterprise. It is an administrative document, the implementation of which is mandatory for all employees. Its publication is necessary for solving problems of an administrative, economic nature, as well as for tasks within the framework of labor relations.
Division into groups
Orders are divided into two groups: by main activity and by personnel.
To orders for the main activity in particular the orders:
- on issuing and amending local regulations (regulations, contracts),
- on the approval of vacation schedules:
- on the approval and change of the staffing table;
- on establishing the mode of operation and making changes to it;
- on certification; - on the creation of a commission, etc.
They are registered in the journal of orders (instructions) for the main activity and are stored in the organization permanently in accordance with Art. "List of standard managerial, archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the periods of storage" dated August 25, 2010
To orders for personnel orders include:
- on the admission, transfer, dismissal of employees;
- on the provision of various types of vacations;
- about sending on a business trip;
- about promotion;
- on disciplinary action, etc.
They differ in terms of storage. The period of their storage is 75 years (admissions, transfers, dismissals, vacations without pay, etc.) or 5 years (other types of vacations, short-term business trips, shifts, etc.) (item "List").
Registration of forms
Part of the orders is drawn up in a unified form (for example, an employment order is issued in a unified form T-1 for one and T-1a for several employees). If a unified form is not provided, then it is drawn up in an arbitrary form.
The order must include the following details:
- date;
- registration number of the document;
- heading "Order" or "Order";
- topic;
- text;
- leader's signature.
This section presents the orders necessary for conducting personnel records management. To do this, you need to enter the necessary data in the document. In this case, the text of the document will automatically change to suit your requirements, and you just have to download the finished order.
