Instructions: draw up an order to combine positions

Combination order

The term is defined in Art. 60.2 of the Labor Code. It involves performing various additional work functions during official time:

1. An increase in the volume of work for the same position (for example, when one employee is absent, another with the same specialty also performs his duties).
2. Performing work for a temporarily absent colleague (for example, when the employee is on maternity leave).
3. 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 working or technical areas).

The cases can be different: from the closure of a position to the temporary replacement of an employee who has gone on vacation. The appointment must be accompanied by a special administrative act for the combination. It is issued 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 2022 contains the following information:

1. Description of work.
2. The position that the employee will occupy (in accordance with the staffing table).
3. Work period - start and end date (for a fixed-term contract).
4. List of added responsibilities (or reference to regulations).
5. Agreed amounts of compensation (fixed or as a percentage of salary).

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.

The difference between part-time and combination

In legislation, these concepts are distinguished according to the following criteria.

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 an 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.

What is needed for an order

To correctly prepare a sample order for combining positions in one organization in 2022, you must:

1. Determine what type of work the employee will temporarily perform: regular work or requiring additional qualifications. For example, a teacher needs a medical book, a welder needs a special permit to work, etc. If there are such requirements, the employee needs to be checked for compliance.
2. Set deadlines. You can immediately indicate a specific period (from which date to which date) or just describe the situation (during the illness, etc.).
3. Obtain the employee’s consent (mandatory requirement of the law, Article 60.2 of the Labor Code of the Russian Federation).
4. Determine the amount of the additional payment (Article 151 of the Labor Code of the Russian Federation) and the way it will be established: in a fixed amount or as a percentage of the salary.

Article 151 of the Labor Code of the Russian Federation, combination of professions and positions with comments

Current text of Article 151 of the Labor Code of the Russian Federation, Law No. 197-FZ (as amended on December 27, 2018)

When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally.

The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code).

Article 151 of the Labor Code allows you to make payment for combined work, additional work, and also in the case of performing duties for an employee who is absent for a certain period of time. In this case, a prerequisite for combining is to perform additional work without being released from the main one.

The establishment of an additional payment and its amount are established by agreement of the parties in accordance with Article 151 of the Labor Code. With regard to payment for combined work, the very principle of its determination can be attributed. This is the mandatory fulfillment of basic job responsibilities and additional work in another position within the framework of a work shift. Part-time work can also include working for a temporarily absent employee.

Here it is necessary to distinguish between part-time work and combination of positions. In the second case, remuneration will be made in accordance with the amount established by the additional agreement to the employment contract. However, the legislation does not establish a minimum and maximum threshold for additional payments for combinations.

As practice shows, the most questions arise when making additional payments to the deputy head of an organization or its structural unit during the absence of the head. In fact, during this time, the deputy is assigned an additional amount of work, which he needs to perform in conjunction with the main job functions. Therefore, the difference in official salaries can be paid as an additional payment.

Employee consent

Before drawing up a sample personnel order on combining positions at one enterprise, it is necessary to obtain the employee’s consent. It can be done 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 document flow rules adopted in a particular organization.

Examples of document formatting include the following:

• unilateral application by an employee addressed to the director of the organization;
• a bilateral agreement between an employee and the head of an enterprise to perform additional work;
• the employee’s resolution “I agree”, date and personal signature on the text of the employer’s proposal to perform certain duties.

Features of additional payment for performing duties during vacation

According to the Labor Code of the Russian Federation, each employee is entitled to annual leave with pay. During this period, another employee has to perform his duties instead. Performing the duties of a colleague who is on vacation is often not paid, and the employee does not require additional payment for this work, often due to ignorance of the law. The manager has the right not to make additional payment to him if the absence of additional payment is provided for in the contract, since the replacement was included in the list of the employee’s main responsibilities. This situation is certainly beneficial to the employer, since by immediately including in the terms of the contract a clause on the employee’s obligation to replace colleagues during their vacation, without providing for payment for this, he saves significantly.

Important! When signing the initial employment agreement, each employee should pay close attention to each clause of the terms and conditions included in this document, otherwise he will be forced to perform additional work without receiving any payment for it.

The mistake can be corrected if there is no clause on the obligation to replace vacationers in the contract. To do this, an additional agreement must be drawn up. The employer does not have the right to refuse an employee to sign such an agreement, which includes a condition on payment for replacing the vacationer. This provision may be a one-time provision or subsequently included on a permanent basis.

How to record a surcharge

For additional work, the administration pays the employee extra (Article 151 of the Labor Code of the Russian Federation). The amount of 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 employer also pays the tax for such additional payment.

An additional payment for additional work is established by the same order as the part-time work itself. A new sample order for additional payment for combining positions is not needed. Just make sure the appropriate item is available. It can be formulated, for example, as follows: “For performing the labor function of the position of assistant to the head of the personnel department, set the secretary V.V. Viktorova receives a monthly additional payment of 10,000 (ten thousand) rubles.”

Order to transfer an employee to another job

The procedure for forming an order for transfer to another job is similar to the procedure used when registering a combination. The difference is that upon transfer, the employee’s previous responsibilities are removed. Accordingly, payment for new duties is assigned to the new position. Since there is no combination of functions for two jobs, there is no additional compensation.

In contrast to the combination order, for the transfer order there is a separate form T-5 “Order on the transfer of an employee to another job,” approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1.

You will find the T-5 form in the article .

Find out in ConsultantPlus how much additional payment is made for combining a vacant position. If you don't already have access to the system, get a free trial online.

We issue an order

An employee cannot begin to perform additional duties until a personnel order on combining positions is issued (sample); a unified form for such an order is not established by law. The order gives the legal right to begin performing additional labor functions. When compiling, fill out the following items:

• FULL NAME. employee;
• document and enterprise code;
• name of company;
• type of activity on an additional basis;
• job title;
• labor functions;
• amount of remuneration and period of work;
• special conditions (if necessary).

The employee must be familiarized with this regulatory act upon signature.

Sample order on combining positions (according to the unified form KP-152)

The current regulations do not establish a unified form of order for combining positions.

The HR manager has several options:

• Draw up an order in free form, taking into account all requirements and circumstances.
• Finalize the form approved by Goskomstat (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 current laws). In addition to detailed instructions for registering combinations (which are mostly used now), in the USSR there was a form of order for personnel KP-152 for combining positions (professions). If such a form is used, it must be approved for use within the organization. To do this, the head of the organization places an approval stamp in the upper right corner of the document.

The proposed sample order for combination is drawn up according to the KP-152 form.

When the alignment 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). A similar rule applies to the employer.

If the employee himself refuses the 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 states:

• the date of its preparation;
• Full name to whom the document is addressed (director, direct superior, etc.);
• the request to cancel the agreement itself (as concisely and concisely as possible);
• applicant's signature.

If the head of the enterprise decides to terminate the procedure, he must notify the employee about this. It is also necessary to fill out a sample order for the removal of combined positions.

Cancellation of combined positions

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.

Order form for combining positions (professions)

The procedure for establishing additional payment for combination

Although the employer is given the right to establish the method of calculating the additional payment for part-time work and its size, he does not have to resolve this issue individually each time with each part-time employee.

In order to streamline the methods of possible payment options for additional work, the enterprise or organization must have local documents regulating additional payment options. For example, you could issue a regulation regarding this topic. This document can include information about the option adopted by the labor organization for calculating the additional payment, and its maximum amount. You should also list the employees eligible to replace absent workers.

Such a document will help get rid of possible conflicts between the parties to the labor process.