Expansion of the service sector what percentage is maximum. Additional work: expanding service areas and increasing the scope of work

When an employee is temporarily entrusted with the responsibility, for a fee, to take on an additional load associated with a territorial increase in the area of his work, this is called an additional payment for. This concept is mentioned in Art. 60.2 And 151 Labor Code of the Russian Federation along with increasing the volume of work and fulfilling the duties of an absent employee.

Thus, we are talking about additional payment for an increase in the volume of work related to areas or zones for the same position. The expansion of such areas or an increase in their number is an increase in the overall workload of the employee and requires additional payment.

The procedure for additional payment for expanding service areas of the Labor Code of the Russian Federation

The employee and employer, by conclusion, determine the amount of additional payment and the validity period of the agreement ( Art. 60.2 Labor Code of the Russian Federation). The additional payment depends on the amount of additional work. The law does not provide for any norms, interest or minimum payment threshold. The document must contain the following points:

details of the parties;
the subject of the agreement is the expansion of service areas;
validity;
amount of payment;
termination procedure.

One of the parties to the agreement - either the employee or the employer - has the right to cancel it early by warning the other party in writing 3 days in advance. There is no need to explain the reasons for termination of the agreement.

In addition, an order or instruction should be issued to increase the scope of work and the duration of its validity. It indicates the reasons (production necessity, replacement of a temporarily absent employee, etc.), the start date of work. You can use a sample order for additional payment for expanding service areas.

If the provision for additional workload was included in the employment contract when hiring, it cannot be canceled unilaterally. In this case, it is necessary to conclude an additional agreement with changes to the terms of the contract - labor function and remuneration.

As judicial practice shows, the absence of an agreement on additional payment for an expanded service area relieves the employer of responsibility for non-payment of the premium.

The possibility for an employee to perform additional work by expanding service areas and increasing the volume of work is provided for by the labor legislation of the Russian Federation. About what is the expansion of service areas and an increase in the volume of work, what is the difference between this work and part-time work, combining professions (positions) or performing the duties of a temporarily absent employee without release from the work specified in the employment contract, and what this work entails, you will find out further. So, on the basis of Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. Thus, Art. 60.2 of the Labor Code of the Russian Federation establishes the rules for engaging an employee, along with the work specified in the employment contract, to perform additional work in a different or the same profession (position) during the established duration of the working day (shift). According to this article of the Labor Code of the Russian Federation, an employer can entrust an employee to perform such additional work only with his written consent and for an additional fee. Thus, when performing any other work under conditions deviating from normal conditions, the employee is paid additional payments. Article 151 of the Labor Code of the Russian Federation establishes that the amount of additional payment for combining professions (positions), expanding service areas, increasing the volume of work, or for performing the duties of a temporarily absent employee without release from work determined by the employment contract, is established by agreement of the parties to the employment contract. In this case, the additional payment can be established either in a fixed sum of money or as a percentage of the tariff rate (salary) or the employee’s salary. Please note that additional payments for combining professions (positions), expanding service areas, increasing the volume of work, or for performing the duties of a temporarily absent employee without release from work specified in the employment contract are not established in cases where the corresponding work is provided for in labor cost standards, is stipulated by the employment contract (included in the employee’s duties) or is assigned to the employee in the manner prescribed by law, due to insufficient workload, against the current standards of labor costs for the main job. In the case when there is no need for additional work, the part of the earnings that is associated with them, naturally, will not be paid, but the employee’s basic salary must be paid. An employee may be assigned to perform additional work alternatively: - by combining professions (positions) (internal combination); - by expanding service areas, increasing the volume of work (for example, increasing the number of machines or units serviced by an employee beyond the service standard). In contrast to part-time work (see Article 60.1 of the Labor Code of the Russian Federation), additional work is performed during regular working hours within the framework of an existing employment contract. Combination of professions (positions) is the performance by an employee, along with his main work in the profession (position) determined by the employment contract, of additional work in another profession (position) for the same employer during the duration of the working day (shift) established for him. As a rule, the employee is entrusted with combining a vacant position or profession. In contrast to combining professions (positions), when expanding service areas or increasing the volume of work, the employee performs work in the same profession or position, which is stipulated by the employment contract, but to a greater extent compared to what he performed in accordance with the employment contract. Previously, this type of additional work, such as expanding service areas and increasing the volume of work, was not included in labor legislation. In this case, the employee was assigned additional work in the same profession or position and within the normal working hours. Naturally, in this case, it was impossible to apply the rules governing part-time work; it was also impossible to use the provisions on combining professions or positions, since combination means additional work in another profession or position. In this regard, the employer applied appropriate additional payments in this situation, referring to Resolution of the USSR Council of Ministers of December 4, 1981 N 1145 “On the procedure and conditions for combining professions (positions)” (no longer in force. See Resolution of the Government of the Russian Federation of March 10, 2009 No. 216 “On amendments and invalidation of certain acts of the Government of the Russian Federation”). We also note that in order to fulfill the labor duties of a temporarily absent employee without release from the work specified in the employment contract, the employee may be assigned additional work either in a different or in the same profession (position). An employee who temporarily replaces an absent employee is paid the difference between his actual salary and the salary of the replaced employee (without personal allowance). This is another type of extra work. The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. Thus, the Labor Code of the Russian Federation does not establish either a minimum or maximum period for which an employer can entrust an employee with additional work along with his main job. If the employee does not agree with the period determined by the employer, this period may be determined by agreement of the parties. If the parties cannot agree on the period during which additional work must be performed, the employee has the right to refuse to perform it. This position reinforces the concept of free will. Also according to Art. 60.2 of the Labor Code of the Russian Federation, the deadline for completing additional work determined by the parties is not mandatory for them. 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, warning the other party about this in writing no later than three working days. At the same time, from the literal interpretation of this norm it follows that neither the employee nor the employer is obliged to indicate the reason why they prematurely refuse the agreement to perform additional work. Before engaging an employee to perform additional work, the following points must be specified in the wage regulations (or in the collective agreement): - the procedure for expanding service areas, increasing the volume of work in a certain profession, specific conditions and restrictions; - a list of professions (positions) allowed for expanding service areas and increasing the volume of work; - the possibility of assigning an additional payment, its maximum amount (this can be a percentage of the salary for the position being replaced (main) or a fixed amount). In each specific case, the employer issues an order to assign the employee other additional work. The order specifies the period during which the employee will perform additional work, the content of this work, the volume of additional work performed, as well as the amount of additional payment agreed upon by the parties for the additional work assigned. However, it should be borne in mind that such an order will be legal if the employee gives written consent to perform additional work.

Rules for attracting an employee to additional work

The legislative order, namely the Labor Code of the Russian Federation, provides for the possibility of involving employees of the organization in overtime work. In this case, we are talking about work that is carried out outside the time established in the employment contract at the enterprise.

Overtime will be recognized as work that goes beyond the work week, which is approved by a collective or individual agreement between employees and the employer of the organization.

An increase in the volume of work, including through overtime shifts, implies additional payment for the time worked by the employee. The amount of overtime pay is regulated by the Labor Code of the Russian Federation, namely Article 152.

In particular, the additional payment for increasing the volume of work in free time from the main work in the organization in the first two hours is one and a half times the amount, while in the next time it is two times the amount.

It should be remembered that increasing the volume of work and involving the organization’s employees in work outside working hours should be carried out only after a written agreement has been signed with the employee and the amount of payment has been discussed. Only in this case will there be no violation of labor legislation on the territory of the Russian Federation.

Who can do additional work and how?

The Labor Code of the Russian Federation allows for additional work at the enterprise. A similar principle is spelled out in Art. 60 of the specified legal acts. Additional work occurs during the duration of the work shift within the organization, as stated by law.

In connection with this possibility, regulated in the labor legislation in force in Russia, there are three fundamental forms of additional work:

combination of professions and positions;
expanding the service area and increasing the scope of work;
performing the duties of an employee who is temporarily absent from the workplace in the organization.

The choice of one form or another, as well as the amount of payment for additional work, depends primarily on the circumstances that force one to enter into an agreement with employees to attract them to work.

Combination of professions and positions

The combination of professions is regulated by Article 60 of the Labor Code of the Russian Federation. This article provides a full-fledged concept of this form of attracting organization employees to additional work.

Combining professions (positions) has characteristic features and principles:

Drawing up an agreement in connection with the need to involve an employee in additional work can be carried out in several different ways:

if an agreement on combining positions is concluded (see Article 60.2 of the Labor Code of the Russian Federation);
if an internal part-time contract is concluded;
if an additional agreement is drawn up, that is, a civil contract will be signed.

Each of the listed forms has both its advantages and disadvantages. The choice of one of the forms of cooperation depends on specific circumstances. In some situations, internal part-time work will be acceptable, while in others a combination of professions will be suitable. For example, if it takes a long time to complete a new job.

Internal part-time work involves payment for the amount of work performed in the time free from the main employment of the position.

In this case (if internal part-time work is chosen to formalize the relationship), the Labor Code obliges the employer to enter into an additional agreement with the employee. The labor legislation of the Russian Federation also provides for additional payment for combining positions, as well as internal part-time work. The size is determined, in particular, by the order to combine positions, as well as the employment contract between the employee and the employer, issued within the boundaries of one organization. In addition, there is also an additional payment for combining professions (two, three - it doesn’t matter).

Performing the duties of a temporarily absent employee

An equally interesting form of attracting an employee to additional work is the replacement of one or two employees for a certain time (for example, a vacation period). In this case, there may be an expansion of the service area, that is, an increase in the volume of work, which exceeds the norms fixed by the employment contract.

For example, during an employee’s vacation there is one cleaner, whose contract provides for a work volume of 50 sq. meters, can be involved in cleaning an additional 20 meters. To do this, an agreement is signed with the employee if he can combine the specified amount (volume) of work in his main time.

Thus, we can conclude that expanding the service area is one of the key forms of replacing workers during their temporary absence, that is, during vacation or sick leave. But at the same time, such a combination can occur only in one profession, but not in vacant positions.

In order to officially formalize such involvement of workers in additional work during the vacation of another employee, the written consent of the subject of the labor relationship should be obtained.

Only after this can you sign an agreement that will be completely legitimate and complement the employment contract. After this, an order on temporary performance of duties is published, which must contain both the period of additional work and the amount of remuneration. In addition, the head of the organization can establish an additional payment to the employee, the calculation of which will be carried out in accordance with the internal charter of the enterprise.

Deadlines for additional work

The amount and duration of additional work is one of the key questions that company employees ask practicing lawyers. If we turn to labor legislation, the maximum time period for such a combination has not been established. But you should know that such a condition must contain an additional agreement with the employee, who gives his consent to increase the volume of work.

However, it should be noted that the employee may cancel, that is, break the agreement with the employer for additional work before the expiration of the specified period. A similar condition is fixed in the Labor Code of the Russian Federation, namely, Art. 60.2. In this case, the amount of payment will vary depending on the number of fulfilled obligations assigned to the employee.

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reduction in wages for a part-time worker

Is it necessary to notify a part-time worker 2 months in advance of a salary reduction?

Elena 08/27/2019 14:34

Hello! The part-time worker must be notified of the reduction in wages, like other employees. According to Art. 74 of the Labor Code of the Russian Federation about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months in advance, unless otherwise provided herein Code. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.

Tarasova Olga Vladimirovna 28.08.2019 16:40

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The employee must be notified of changes in conditions.

Evseeva Irina Borisovna 29.08.2019 12:29

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assigning additional responsibilities to a part-time worker

If an employee at an enterprise works as a part-time worker, is it possible to assign additional responsibilities with additional pay?

Elena 08/27/2019 14:27

Dubrovina Svetlana Borisovna 29.08.2019 08:27

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Combination of positions or expansion of service areas?

I work at a company as an engineer on a 12-hour day-night schedule. An engineer performing similar functions, but working a five-day, 8-hour shift on long-term sick leave. At first, shift engineers were paid an additional payment (in proportion to the time worked, based on the calculation of 8 hours on weekdays) for an increased amount of work, and from this month the name of the additional payment was changed to combine positions. what is the difference?

Natalia 08/13/2019 18:13

Natalia 08/14/2019 15:26

I read the article, but I didn’t understand the difference in combining positions (professions) and increasing service areas (volume of work). Your lawyer can give a direct, specific answer: is there a fundamental difference between these two concepts and differences in payment for these two types of work?

Combining positions is performing work in another profession during the working day (possible only at the main place of work). Draw up an additional agreement to the main employment contract!

Part-time work - performing any other work outside the main working day (both at the main place of work - internal part-time work, and with another employer - external part-time work). The maximum duration of part-time work generally cannot exceed 20 hours per week. Consequently, daily work cannot exceed four hours (Article 284 of the Labor Code of the Russian Federation). They draw up a separate employment contract for part-time work! At the same time, part-time work is currently possible both in a different position and in the same position.

Temporary replacement - performing the work of a temporarily absent (due to illness, vacation, etc.) main employee (within normal working hours). Draw up an additional agreement to the employment contract. In this case, the work can be performed in a similar position.

Expanding the service area and increasing the volume of work performed - performing, along with one’s main work stipulated by the employment contract, an additional volume of work in the same profession or position. Draw up an additional agreement to the employment contract.

Having considered your question, we can say that the concept of “expansion of the service area” is provided for in Art. 60.2 Labor Code of the Russian Federation. Consequently, this means that additional work assigned to an employee in the same profession (position) as the employee can be carried out by expanding service areas, increasing the volume of work, incl. within the working hours established for the given employee. At the same time, this condition may be permanent or temporary in nature (for example, a temporarily absent employee may be assigned to perform the duties without being released from the main job specified in the employment contract). The responsibilities of a temporarily absent employee can either be assigned to one employee or distributed among several employees.

Expansion of the service area is possible only for employees who initially had a service area established (for example: a cleaner cleaned 500 sq.m., and now her standards have been increased by 250 sq.m.). If we talk about employees who do not have a standardized task, then in this case it is necessary to talk about an increase in the amount of work (for example, there were 5 personnel officers in the department and one was fired, but a new one was not hired, and these responsibilities of the dismissed employee were distributed to the rest of the department employees) . Assigning additional work to an employee on the basis of expanding service areas or increasing the volume of work is carried out in the same manner as assigning additional work to an employee on the basis of combining professions (positions).

Sazonov Sergey Vladimirovich 14.08.2019 15:30

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Combination

Good night! There are two clerks on staff, one is going on vacation, is it possible to arrange an internal combination? Thank you!

Lyudmila 07/03/2019 23:14

Hello!

The employee is required to perform the duties specified in the job description; the performance of other duties will constitute an expansion of service areas/increase in the volume of work. In accordance with Art. 60.2 Labor Code of the Russian Federation:

With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. To perform the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee may be assigned additional work in both other and the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
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.

Thus, the employee's written consent is required, and such work must be additionally paid.

Upon payment, according to Art. 151 Labor Code of the Russian Federation:

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).

04.07.2019 00:30

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Yes, it is possible in the manner established by 60.2 of the Labor Code of the Russian Federation.

Dubrovina Svetlana Borisovna 05.07.2019 00:00

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Registration of additional payment for expanding the service area

What document needs to be used to document the combination or expansion of the service area - an order or a decree?

Dilyusa 06/19/2019 08:53

Good afternoon.

Expanded service area is the area within which the employee performs his job duties in addition to work on the main territory assigned to him by the labor contract.

The norm of Article 60.2 of the Labor Code of the Russian Federation requires the written consent of the employee to determine the content and duration of additional work. A new employment contract is not required; it is enough to draw up two documents:

agreement between the employee and the employer to expand the service area;
order from the manager in any form on company letterhead.

The order must contain an indication of the type of additional work, its content, volume and deadline.

The combination of professions is regulated by Article 60 of the Labor Code of the Russian Federation.

Thus, combining professions and positions is work, the scope of which does not contain an employment contract concluded with an employee, but is performed by the subject of legal relations in the organization for another position or profession for an additional payment (fee).

the legislative procedure provides for an agreement between the employer and the employee of the organization to combine professions;
the time that the employee will spend on additional work is regulated by agreement of the parties (this may be a temporary period until a qualified employee is selected for the vacant position);
combining professions and positions must be carried out within the boundaries of one organization, otherwise we will be talking about external part-time work;
the performance of work that determines the agreement of the parties must be carried out during the work shift (otherwise the work will be considered as internal part-time work).

You can read more about combining and expanding service areas and increasing the volume of work in our article

Fedorova Lyubov Petrovna 19.06.2019 09:02

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Expansion of service area

One of the employees works in the main position, works at 0.75 rates and just recently. The management decided to increase his salary by expanding the service area, and naturally increase the scope of work in another department. Questions: how much can the volume of work be increased by expanding the service area and whether the employee can work beyond the time worked per day. Can the employees of this department somehow influence what kind of work this employee can do or is it all decided by the manager himself. And can the employees of this department somehow refuse this employee?

Larisa 06/09/2019 15:00

According to Art. 74 of the Labor Code of the Russian Federation, In the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they are allowed to be changed according to initiative of the employer, with the exception of changes in the employee’s labor function. The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status.

In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.

Attention! Promo code discounts are no longer valid

Saibotalov Vadim Vladimirovich 09.06.2019 18:48

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I agree with my colleague.

Fedorova Lyubov Petrovna 09.06.2019 20:45

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Expansion of service area

Hello! The employee was assigned additional responsibilities in order to increase the volume of work. An additional payment was also established for increasing the volume of work. Now we want to increase the amount of payment for additional work without adding new responsibilities. How to write an order correctly? What should be included in the preamble of the order?

Ekaterina 05.29.2019 10:29

Good afternoon

According to Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay. Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas. Expanding the service area involves performing work for a similar position (profession) in cases where the organization does not have an additional staffing position (for example, a cleaner may be assigned an expansion of the service area in the case where the organization has rented a small additional room and there is no point in introducing another cleaning staff position) ; a vacant staff position is divided among several employees.

The amount of additional payment for combination work is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 151 of the Labor Code of the Russian Federation). By virtue of Art. 60.2 of the Labor Code of the Russian Federation, the period during which the employee will perform additional work and its content are determined by the employer with the written consent of the employee. The agreement of the parties (employee and employer) is formalized in a separate written document. Thus, the conclusion of a new employment contract for the employee to perform additional work is not required.

To properly document the assignment of additional work, two personnel documents must be completed:

Agreement between the parties to the employment contract to expand service areas;

Order (instruction) of the employer to expand service areas.

The order (instruction) of the employer formalizes his decision to assign additional work to the employee. Among the unified forms of primary accounting documentation for recording labor and its payment, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1 * (1), there is no order to expand service areas. Therefore, the employer has the right to issue an order in any form. The order is issued with the written consent of the employee (which must be noted in this personnel document). The order (instruction) defines:

Type of additional work (expansion of service areas);

The period during which the employee will perform additional work;

Amount of additional work.

In addition, this order must reflect that the amount of additional payment is established by agreement of the parties to the employment contract. In an agreement to expand service areas, the parties to the employment contract decide on the amount of additional payment for the employee performing additional work assigned to him by the employer. The additional payment can be set as a specific amount or as a percentage of the official salary (tariff rate). The agreement of the parties to the employment contract on combination is valid either until the end of the period for which it was concluded, or until it is canceled by the employer, or until the employee refuses to perform additional work in accordance with part four of Art. 60.2 Labor Code of the Russian Federation.

It should be noted that the assigned additional work will be performed along with the main work within the working hours established for the employee by the employment contract. In addition, additional payment for carrying out the employer’s instructions will be taken into account as part of the employee’s earnings for the purposes of calculating temporary disability benefits, maternity benefits, annual leave payments, and in other cases when the employee’s average earnings should be used to calculate guarantees and compensation.

Not every employee, accountant, HR officer or employer knows how additional payments are made for increasing the volume of work - and this often leads to violations of legal requirements. Additional payment for an increase in the volume of work is regulated by the Labor Code of the Russian Federation, as well as a number of other additional regulatory documents in individual cases. When considering this issue, very often there are many rather confusing nuances - for example, often participants in labor relations have no idea whether additional payment for an increase in the volume of work is included in the calculation of vacation pay or not.

Additional payment for increasing the volume of work - what is it according to the Labor Code

In accordance with labor legislation, an increase in the volume of work can take the following forms:

Directsignificant increase in the volume of work for various reasons. It means an expansion of the employee’s responsibilities in comparison with those provided for by the provisions of the employment contract or other local regulations.
. During the vacation or period of incapacity of one of the employees, his duties may require distribution among the entire team, in which case there is also an actual increase in work.
positions. In some cases, it may be necessary for an employee to begin performing the duties of not only his position, but also some other one, which will lead to an increase in the volume of work performed.
Expansion of service areas. An employee may perform the duties assigned to his position, but additional work will involve activities broader than those covered by the job description.
Combination of professions. Additional work can be assigned not only to the employee’s profession. If an employee has actual skills in various professions or simply has the opportunity to perform the work of an employee of another profession, he may be involved in additional work.

Legal regulation of issues of additional payment for increasing the volume of work is ensured by the provisions of the Labor Code of the Russian Federation:

Article 151. This article states that if there are the above-mentioned grounds for increasing the volume of work and performing duties not directly provided for in the employment contract, the employee is expected to receive additional payment for their performance.
Article 60.2. The provisions of this article regulate the exact procedure for increasing the amount of work for employees and the issues of procedural registration of both the expansion of responsibilities itself and directly the rights and obligations of the parties in this context.

At the same time, the legislation directly requires the mandatory voluntary consent of each party to increase the volume of work. Also, it is by agreement between the parties that the actual amount of additional payment for an increase in the volume of work is determined.

How to make an additional payment for an increase in the amount of work - step-by-step instructions

The provisions of labor legislation strictly regulate both the increase in the volume of work itself and the obligation to provide additional payment for such an increase in the employee’s work responsibilities. In this case, both the employee and the employer must ensure compliance with a certain procedural procedure.

Combination of professions (positions), expansion of service areas and increase in the volume of work

1. Combination of professions (positions), expansion of service areas, increase in the volume of work: differentiation of concepts

An employee may be assigned to perform additional work not provided for in the employment contract, subject to the requirements of Art. Art. 60.2, 151 Labor Code of the Russian Federation.

The assignment of additional work is relevant, in particular, when the organization is understaffed or it is impossible to suspend work during the employee’s absence due to illness, business trip, annual leave, maternity or child care leave and other reasons.

The employer has the right to entrust the additional work he has to either one or several employees, as long as this is not prohibited by law.

It is necessary that the professions (positions) for which additional work is entrusted are provided for in the employer’s staffing table

When assigning additional work to an employee, in addition to the work specified in the employment contract, the following must be taken into account (Part 1, 4, Article 60.2, Article 151 of the Labor Code of the Russian Federation):

The assignment of such work is permitted only with the written consent of the employee;

This work is subject to additional payment;

The employee is not released from the main work provided for in the employment contract.

Additional work is performed within the established working day (shift) at the main place of work;

This work can be assigned either in a profession (position) similar to the main profession (position) of the employee, or in another;

Both the employee and the employer have the right to terminate the legal relationship in question early by warning the other party in writing no later than three working days before the intended termination.

Additional work can be assigned to an employee both simultaneously with the conclusion of an employment contract and during the work process, since this is not prohibited by law.

The assignment of additional work to an employee can be carried out in various ways (Part 2 of Article 60.2 of the Labor Code of the Russian Federation):

Combination of professions (positions)- if work is assigned in a profession (position) different from the main profession (position), which is provided for in the employment contract.

For example, a secretary can perform additional work as a human resources specialist, an accountant as a cashier, and a driver as a freight forwarder.

Expanding service areas or increasing the scope of work- if the work is assigned to a profession (position) similar to the main one.

The law does not establish criteria for distinguishing these concepts. In practice, performing additional work in order to expand service areas is common in organizations providing services in the public service sector. Thus, a social worker may be assigned to serve an additional area. An increase in the volume of work is, for example, an assignment to an accountant to perform additional similar work instead of a resigned accountant.

For performing the duties of a temporarily absent employee additional work can be assigned to an employee in either a different or the same profession (position). The specified person is not released from his main job (Part 2 of Article 60.2 of the Labor Code of the Russian Federation). Additional work can be performed either on the basis of combining professions (positions), or in order to expand service areas (increase the volume of work). The period for its implementation is limited by the period of absence of the employee.

2. How to formalize the combination of professions (positions), expansion of service areas, increase in the volume of work (including when replacing an employee during vacation)

An order to perform additional work can be issued in the following order.

Step 1. Offering the employee additional work and obtaining his consent.

In Part 1 of Art. 60.2 of the Labor Code of the Russian Federation, which provides for the availability of written consent from the employee, does not establish a method for obtaining it. The employee can be asked to provide consent in one of the following ways:

Sign an agreement between the parties to perform additional work;

Make an appropriate inscription on the employer’s written proposal to perform additional work;

Submit a written application addressed to the head of the organization (his authorized person).

Step 2. Drawing up instructions to perform additional work.

Instruction form for additional work

The Labor Code of the Russian Federation does not establish how to formalize assigning additional work to an employee.

In this regard, the combination of positions of these categories of employees is formalized by an order, which specifies all the conditions for the combination, including the amount of additional payment.

When assigning additional work to other employees, the deadline for completing such work, its content and volume are established by the employer with the written consent of the employee (Part 3 of Article 60.2 of the Labor Code of the Russian Federation), the amount of additional payment is by agreement of the parties to the employment contract, taking into account the content and volume of work (Part. 2 Article 151 of the Labor Code of the Russian Federation).

In practice, there are two ways to execute this order.

1. A separate written agreement is drawn up, which is not an integral part of the employment contract.

The arguments of supporters of using this method are as follows.

The terms of the employment contract determined by the parties do not change, since the employee is entrusted with additional work, the performance of which is not provided for by the employment contract, which follows from the systematic interpretation of the provisions of Art. Art. 60, 60.2 Labor Code of the Russian Federation. Thus, there is no actual change in the employment contract at the main place of work, since the performance and payment of additional work does not affect the performance and payment of the main job.

In addition, in parts 3, 4 art. 60.2 and art. 151 of the Labor Code of the Russian Federation provides for a special procedure for formalizing the assignment of additional work and refusing it, which differs significantly from the procedure for changing the terms of the employment contract established by Art. 72 Labor Code of the Russian Federation.

2. An additional agreement to the employment contract is drawn up.

The arguments of supporters of using this method are as follows.

The indication of the labor function (labor duties performed by position, profession) of the employee is included in the mandatory conditions of the employment contract (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation). Changing the terms of an employment contract determined by the parties is possible only by agreement of the parties, drawn up in writing (Article 72, Part 1 of Article 74 of the Labor Code of the Russian Federation). Since when an employee is assigned additional work, the conditions determined by the parties change (expanding the range of the employee’s job responsibilities or increasing the volume of his work), it is necessary to conclude an additional agreement to the employment contract.

Please note that the employer has the right to adhere to any of the considered methods.

The following argument can be made in favor of this conclusion. The Kostroma Regional Court in the Cassation ruling dated January 1, 2001 in case No. 33-36 indicated that the use in accordance with Art. 60.2 of the Labor Code of the Russian Federation of one form or another of an agreement to perform additional work does not indicate the invalidity or non-conclusion of this agreement.

If this agreement provides for all the necessary conditions for performing additional work, there will be grounds for holding the employer liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation will not exist.

It is advisable to draw up the agreement in two copies, each of which must be signed by the parties. One copy is given to the employee, the other (with the employee’s signature indicating receipt of the document) remains with the employer.

Conditions for performing additional work

In the agreement of the parties on the performance of additional work, the following conditions must be specified (parts 1 - 3 of article 60.2, article 151 of the Labor Code of the Russian Federation):

On assigning additional work to an employee with his written consent;

Position (profession) for which the employee is assigned additional work;

Its volume;

The period during which such work will be performed;

About the deadline for completing additional work

The period during which the employee will perform additional work is established by the employer with the written consent of the employee (Part 3 of Article 60.2 of the Labor Code of the Russian Federation). Thus, the condition on the deadline for performing additional work must be agreed upon by the parties to the labor relationship.

The parties have the right to prematurely refuse or cancel the execution of such work with prior written notice to the other party (Part 4 of Article 60.2 of the Labor Code of the Russian Federation).

Amount of surcharge.

About additional payment for additional work

The amount of additional payment is established by agreement of the parties depending on the content and (or) volume of additional work (Part 2 of Article 151 of the Labor Code of the Russian Federation). The legislation does not provide for rules for determining the amount of additional payment for additional work, its minimum or maximum value. In this case, you should be guided by the provisions of paragraph. 6 hours 2 tbsp. 22 of the Labor Code of the Russian Federation (equal pay for work of equal value).

Payment can be set:

In the form of a specific amount;

As a percentage of the salary for the position (profession) for which the work is performed.

Step 3. Issuing an order to assign additional work.

A unified form of such a document is not provided for by law, so the employer has the right to develop it independently.

It is advisable to indicate in the order (parts 1 - 3 of article 60.2, article 151 of the Labor Code of the Russian Federation):

Type of additional work;

Deadline;

The amount of additional payment for its implementation.

As a basis for issuing an order, reference should be made to the relevant agreement on the performance of additional work.

The employee must be familiarized with the order and signed.

Do I need to enter information about the combination in the work book?

Answer: No no need.

Rationale: When filling out work books, the employer must be guided by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of 01.01.2001 N 225 “On work books”, as well as the Instructions for filling out work books, approved by the Resolution of the Ministry of Labor Russia dated 01.01.2001 N 69. The requirements of these Rules and Instructions are mandatory for execution by the employer, taking into account Part 2 of Art. 66 Labor Code of the Russian Federation.

Answer: No no need.

Rationale: The combination is carried out during the working day (shift) established for the employee at the main place of work. In this regard, the working time sheet (unified forms N T-12, N T-13) indicates the profession (position) of the employee and the length of the working day only for the main job.

This rule applies if additional work is performed on the basis of expanding service areas, increasing the volume of work, as well as when performing the duties of a temporarily absent employee.

3. Termination of combination of professions (positions), expansion of service areas, increase in the volume of work

Termination of additional work upon expiration of its deadline

Additional work is carried out within the period agreed upon by the parties, which follows from Part 3 of Art. 60.2 Labor Code of the Russian Federation. After the end of the specified period, the obligations of the parties associated with the assignment of this work automatically terminate.

The law does not provide for the execution of any documents in this case. Nevertheless, it is advisable for the employer to issue a special order for the accounting department, according to which payments to the employee related to the assignment of additional work must be stopped. This will avoid overpayment of funds.

Early termination of additional work

The law also provides for the right of the employer and employee to unilaterally cancel additional work ahead of schedule or refuse to perform it (Part 4 of Article 60.2 of the Labor Code of the Russian Federation). To do this, the interested party is obliged to notify the other party no later than three days before the expected termination of additional work (Part 4 of Article 60.2 of the Labor Code of the Russian Federation). Obtaining the consent of the other party for early termination of additional work is not required.

In case of early termination of additional work, the following procedure can be envisaged:

Step 1. Notice of early termination of additional work.

If the initiative comes from the employee, he sends the employer a written statement refusing to perform additional work.

If the employer is interested in stopping additional work, he sends a notice to the employee.

To avoid controversial situations in the future, the employer is recommended to familiarize the employee with such a notice against signature. If the employee refuses to familiarize himself, it is necessary to draw up a corresponding report.

This will allow the employer to prove that he canceled the order to perform additional work in compliance with the requirements of Part 4 of Art. 60.2 Labor Code of the Russian Federation. Consequently, the employer is not obliged to pay for work that the employee performed on his own initiative after the order was properly canceled.

Step 2. Issuance of an order (instruction) to cancel additional work.

Although the law does not provide for any requirements for the content of the document, it is advisable to issue this order in writing. It must indicate the date from which additional work will cease to be performed. The employee must be familiarized with the document and signed.

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