Legal subtleties of combining positions. How to draw up an additional agreement to an employment contract?

What is combination

Combination refers to the work that a full-time employee of an organization performs during a working day or one shift along with his main functions. Being in this mode, he occupies two positions in the staffing table during the same period of time. At the same time, for additional work he is entitled to an additional payment in the amount agreed with the employer.

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Combination should not be confused with part-time work - despite the fact that these two terms are similar, they have one fundamental difference. Combination always occurs within one organization, i.e. A full-time employee of a company holds two positions in it at the same time, while a part-time employee is hired from “outside” and only for one vacancy.

It is also necessary to understand the difference between matching and substitution. When substituting, a person temporarily performs someone else’s duties and does not occupy a second staff position.

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).

When is it most often used?

The combination can be either temporary or permanent. The temporary form is the most common; usually this combination occurs when one of the staff goes on maternity leave or long-term sick leave, goes on a business trip, etc. Also, an employee of an enterprise can simultaneously hold two positions in the event of the dismissal of a colleague until a new person is hired. .

As a rule, a person is appointed for the combination whose education, qualifications and work experience are close to the position for which the part-time person is needed (accountant-cashier, sales consultant-sales manager, driver-mechanic, etc.)

Combination is convenient for both sides of the labor relationship. The employer - because he does not have to waste time searching for a new person, training him and introducing him to the staff, the employee - because, coupled with an increased amount of work, he gets the opportunity to earn additional money, without losing his main job and without going beyond his standard working day. Thus, combination is possible only when all labor functions for two positions can be fit into a regular eight-hour working day or forty-hour week.

Combination order

The initiative to combine can come from both the head of the organization and his subordinate. In any case, regardless of who was the author of such an assumption, in order to allow an employee to work combining two positions, it is necessary to carry out a number of preliminary actions.

1. First of all, the employee must agree to the combination, always in writing.
2. Then, based on this application, a special order is issued on behalf of the director of the enterprise.
3. After this, an additional agreement to the employment contract is concluded between management and subordinates, which specifies
   all conditions of combination, including the nature and scope of additional responsibilities,
4. start date of their execution,
5. period,
6. amount and form of payment, etc. (in general, everything is as in the employment contract).

It is not necessary to enter the fact of a part-time job in the work book (at least, there is no such requirement in the law), and there is also no need to reflect the hours worked by a part-time worker on additional duties in the time sheet - only the time spent on performing basic functions is recorded here.

And only after all the formalities have been completed, the employee can begin part-time work.

Additional agreement to the employment contract on combining positions

Limited Liability Company "Beta" LLC "Beta"

ADDITIONAL AGREEMENT to employment contract No. 1-TD dated September 12, 2011

about combining positions

30.11.2016 № 5

Moscow

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented by General Director Alexander Ivanovich Petrov, acting on the basis of the charter, on the one hand, and Nikolay Vasilievich Pavlov, hereinafter referred to as the "Employee", on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this additional agreement (hereinafter referred to as the Agreement) as follows:

1. In accordance with Art. 60.2, 151 of the Labor Code of the Russian Federation The employee, with his written consent, is also entrusted with performing, during the established duration of the working day, along with the work specified in the employment contract, additional work as a cashier in the accounting department for additional payment.

2. The assigned additional work is performed by the Employee until March 31, 2022, without release from the main work determined by employment contract No. 1-TD dated September 12, 2011.

3. For performing additional work as a cashier, the Employee is given an additional payment in the amount of 10,000 (Ten thousand) rubles per month.

4. The Employee has the right to refuse to perform additional work ahead of schedule, and the Employer has the right to cancel the order to perform it ahead of schedule, notifying the other Party in writing no later than three working days in advance.

5. This Agreement comes into force on December 1, 2016 and is valid until March 31, 2022.

6. In all other respects that are not provided for in this Agreement, the previous terms of the Agreement remain in effect.

7. This Agreement is an integral part of the Agreement, drawn up in two copies, one of which is kept by the Employer, the other is kept by the Employee. Both copies have equal legal force.

A copy of the Agreement was received by:

11/30/2016________________ N.V. Pavlov

How to apply

To draw up the document, you can take a simple sheet of paper and write on it your decision to agree to combine positions by hand. You can also print the consent on the computer, but then you will need to print it out in order to sign it. Moreover, in the second case, you must first make sure that the employer accepts such documents in printed form.

The form should be made in two identical copies, one of which is then handed over to the destination, the second one should be kept for yourself. Upon admission, a representative of the organization must make a note of written consent in a special journal for recording this type of documentation.

Basic Concepts

At the workplace in a company or enterprise, the employer does not have the right to demand from his employee the performance of duties not included in the employment contract, as stated in Article 60 of the Labor Code of the Russian Federation. An employee has the right to take up a part-time job in the same organization in two cases, having formalized:

• internal part-time work on the basis of the norms of Article 60.1 of the Labor Code of the Russian Federation;
• combination of positions, in accordance with the norms of Article 60.2 of the Labor Code of the Russian Federation.

In both cases, registration of additional responsibilities requires official employment with the current employer. The registration of an internal part-time employee is based on the application submitted by him and the order of appointment issued on behalf of the manager.

The main difference lies in the way employment is processed. In case of internal part-time work, an employment contract (EA) is concluded. As a result, an employee in one organization has two employment contracts.

Any permanent or temporary employee can become an internal part-time worker. The main requirement is the age of majority (at what age can you conclude a TD?). In addition, the profession of a part-time applicant should not be included in the list of jobs prohibiting part-time work in accordance with the provisions of Articles 282, 329 of the Labor Code of the Russian Federation.

Reference! If the work is one of the hazardous industries or types of work with increased danger, combination is not allowed.

Internal part-time work can be formalized if the nature of the work does not become an obstacle to combination, and also if the employee is not a civil servant, military personnel or a member of regional or federal government.

In this case, internal part-time work is formalized when the employee takes on a proportionate part of the vacant vacancy, registering for it officially, at a quarter or half rate. If an employee expands his work area or scope of activity, he is considered registered for combining positions.

Sample consent for combining positions

If you need to draw up an agreement to combine two positions, which you have never written before, read the explanations for the document given here and look at the example - using it, you can easily write your own document.

1. At the beginning of the consent, indicate to whom you are addressing it: the name of the company, position and full name of the director (or the employee performing his duties).
2. Next, enter your own data in the same way.
3. After this, in the middle of the line write the word “Statement”, below - “on consent to combine two positions.”
4. Next, formulate the main part. First of all, indicate when and by whom the combination was offered to you, then that you agree with this working regime.
5. Be sure to indicate in your application the amount of remuneration agreed with management for the additional amount of work, as well as a link to the article of the Labor Code of the Russian Federation in accordance with which you are acting.
6. At the end, do not forget to sign your consent.

The procedure for hiring an internal part-time worker

Hiring an internal part-time worker generally follows the standard procedure:

1. The employer receives an application for internal part-time work from the employee.
2. The employer must familiarize the employee with the internal labor regulations. This is done before signing the employment contract and regardless of the fact that the employee was already familiar with these rules when hired for the main job (Part 3 of Article 68 of the Labor Code of the Russian Federation).
3. The employee provides the employer with the necessary documents. When working internally, there is no need to resubmit documents, copies of which the employer already has . But in some cases, an employee may need an education confirming special knowledge (for example, if the main employee is hired additionally for a position that requires other qualifications).
4. A separate employment contract for internal part-time work is concluded between the employee and the employer The condition of part-time work must be separately stated in the contract (Part 4 of Article 282 of the Labor Code of the Russian Federation).
5. The employer issues an order to hire an employee with reference to the employment contract. It also needs to emphasize that this is an internal part-time agreement.
6. The employer reflects information about hiring an internal part-time worker in the information on labor activity (Part 2 of Article 66.1 of the Labor Code of the Russian Federation).
7. The employer makes a note about the part-time job in the employee’s paper work book (if the internal part-time worker has expressed such a desire).

When hiring an internal part-time worker, one must not forget that, in accordance with the law, some categories of persons cannot work on a part-time basis. In particular, this applies to:

• minors (under 18 years of age);
• state and municipal employees;
• persons who are already employed in a position with harmful (dangerous) working conditions, and similar conditions will apply to part-time positions;
• drivers and persons associated with driving vehicles - if the position at the main place of work directly related to the same type of activity;
• military personnel, judges, lawyers, prosecutors (does not apply to teaching, science and creativity, if this does not interfere with the main work);
• security guards - in relation to public service and paid work in public associations.