What is combining professions? This is the performance by an employee of duties in another specialty for a certain fee during his working hours. As a rule, combining positions is possible only if the employee himself does not object to this. After which the manager draws up an additional agreement to the contract of service activities.

What does it mean

An employee's performance of work not provided for in the employment contract under another staff position for additional pay during official time is a combination of professions. For example, a person works as a foreman at a construction site; in addition, he transports cement and tools for official activities on a dump truck. He does all this during his working hours. This means that a person combines two professions at once: a construction foreman and a driver.

In order for an employee of an organization to begin performing duties in another specialty, this issue must be resolved with him in writing. As a rule, a proposal to combine two professions always comes from the manager. If an employee agrees to such working conditions with additional pay, then the HR specialist prepares a corresponding order and an additional agreement to the employment contract.

In law

The performance by an employee of an organization of other work during his official time for a certain fee is a combination of professions. The Labor Code provides for its legislative regulation in the articles:

Art. 60 - implies the possibility of assigning additional work to an employee in the same or another specialty;

Art. 151 talks about payment for combination;

Art. 60.2 contains the rules on the basis of which employees perform duties in another position during their official time;

Art. 149 states that the combination differs from normal working conditions and is therefore subject to additional payment.

Other cases

Combination of professions implies the performance by an employee of an organization of official duties in another specialty. For this, he is given a certain additional payment, the amount of which is determined independently by the manager and the citizen. All conditions for the combination are specified in the agreement attached to the contract of employment.

Nevertheless, labor legislation provides for other cases of additional work performed by an employee of an organization for a certain payment. These include:

Increasing the volume of work performed (in this case there is no clear delineation of additional responsibilities, the employee simply takes on the greatest burden for a certain monetary remuneration, for example, instead of one report, he makes two, prepares three accounting statements);

Expanding the service area - assigning additional responsibilities to a person with a clear division of boundaries (the security guard must guard not only one warehouse, but another one located nearby);

Fulfilling the duties of an absent subordinate is possible during the latter’s illness, vacation, business trip, while another employee performs his functions and his work, while receiving appropriate monetary remuneration.

How is the calculation made?

Labor legislation does not establish specific rules for payment for combining professions. Therefore, the amount of monetary remuneration for additional work performed by an employee during his official time is determined by agreement between the manager and his subordinate.

The calculation for combining professions and positions is usually established as follows:

In the form of a certain amount of money;

As a percentage of the employee's salary or rate;

From the quantity of manufactured products.

For example, an employee works as a lawyer in an organization. After the manager’s secretary quit, she was offered a combination of two positions. The employee did not object to temporarily performing the duties of a secretary during her working hours. Thus, she wrote an application to the manager to combine professions (positions). After which the HR specialist wrote an order and an additional agreement to the employee’s employment contract. Thus, the woman began to act as the manager’s secretary during her official time for a certain monetary remuneration.

In most cases, additional work carried out at the same time as the main one is paid as a percentage. This is most beneficial for the employee.

In addition, additional payment for combining professions is made in proportion to the time worked. Therefore, if a person performed the duties of another employee for only half of the month, then accordingly he will receive a monetary reward only for the specified period of time.

It should also be noted that the additional payment for combining professions is established by agreement between the employee and the boss.

Decor

In order for a boss to assign additional work to a subordinate, the latter must give his consent to this. As a rule, it is drawn up in writing. The application must be written as follows:

To the head of ________________ (company name)

from a subordinate ___________________ (personal data)

holding the position __________________ (specify)

Statement

I agree to combine the positions of _________________ (write which ones) with ___ (date).

Date ______________

Employee signature ____________________

After drawing up this document, the manager must prepare the appropriate agreement for the employment contract and issue an order. Registration of combination of professions is always done only in writing. In addition, the employee is given a certain additional payment for this. The procedure for combining professions must be followed by the head of the organization. Therefore, after the employee writes a statement, the boss must prepare an additional agreement to the contract. This document is compiled as follows:

Additional agreement to the employment contract _____ dated (specify the date of conclusion)

Date ______ City __________

_____________ (name of organization), represented by the manager ___________, acting on the basis of (specify document) and the employee of the enterprise __________ (data), entered into an agreement as follows:

1. Make changes to the employment contract No. ___ dated (specify date), namely, add the following clause:

The employee is assigned to perform additional work in the position ____. The subordinate will perform the assigned duties during his official time. For additional work, the latter will receive 100% payment. Combination of professions is assigned to the employee ________ from (specify date).

Signatures of the parties:

Worker ________________

Head of the enterprise _______________

This document must be prepared in two copies. One is given to the employee, and the other remains with the boss, and then is transferred to the personnel department and filed in a personal file.

The following actions

The procedure for combining professions and positions implies compliance with all formalities necessary to prevent violations of Labor legislation and employee rights. After the employee has written a statement of consent to perform additional work, the head of the enterprise must enter into a corresponding agreement with him and attach it to the main contract of employment. You also need to make an order. The last document is drawn up as follows.

Date ________ city _______________

"On combining professions"

In connection with the assignment of an employee ____________ to perform additional work in the position of ___________, starting from (specify date)

I order:

Establish an additional payment to the subordinate _________ in the amount of _________ (as a percentage of salary or a fixed monetary reward).

I reserve control over the implementation of this order.

Head of the enterprise ______________ (signature and transcript)

Employee _____________ (personal signature).

Important

As a rule, the assignment of additional responsibilities to an employee performing official activities in a given organization, but in a different position, is possible only with his written consent. Therefore, if a subordinate is against combining professions, then the manager does not have the right to force the latter to perform work forcibly. This would be against the law.

In addition, an employee can always refuse to combine several professions ahead of schedule. In turn, the manager can cancel his assignment ahead of schedule by warning his subordinate three days in advance.

What is the difference

Very often, many citizens confuse combining professions with part-time work and vice versa. So, here you need to see a clear difference between the two concepts.

Part-time work is understood as the performance by an employee of duties in another position in his free time from his main job. The duration cannot be more than four hours a day. In turn, performing additional duties during official time is a combination of professions (positions). The Labor Code of the Russian Federation provides for certain remuneration in this case.

Therefore, these two concepts are completely different from each other. Because the whole point of combining professions is that the additional work should be carried out by the employee during his official time. In addition, the subordinate receives a certain monetary reward for this.

While part-time work involves a citizen performing official duties at the same or another enterprise in his free time from his main activity. In this case, an employment contract is concluded with a person, not an agreement.

general characteristics

Many citizens are wondering what the concept of “combining professions” includes. Indeed, in most organizations, employees already perform the duties of not only their own, but also those of other employees, but do not receive any payment for this. The thing is that citizens do not always read their employment contract before signing it. Therefore, it turns out that the work that, in theory, should be done by another employee, is done by the same one, but does not receive payment for it. For example, a lawyer fulfills his duties as a human resources specialist.

The combination of professions is always formalized only in writing. Before this, the employee writes his consent to perform additional duties during his official time. Without this statement, the manager will not be able to involve him in performing work not provided for in the employment contract. Then, you need to decide on the additional payment for combining professions. The Labor Code of the Russian Federation provides for the opportunity for the manager and subordinate to decide on it independently. After this, an agreement to the employment contract is signed and an order is issued.

What is it for?

The performance by an employee, with his consent, of additional work for a certain monetary remuneration during official time is a combination of professions. The Russian Federation, as a rule-of-law state, has its own legislation, which enshrines the normative regulation of such activities in the labor relations code.

Combination is most often very beneficial for both the subordinate and his manager. After all, an employee has a good opportunity to get a small increase in salary without being distracted from his main job, and the boss does not need to look for someone from the outside to involve him in official activities.

Thus, a large number of citizens work in our country. After all, finding an additional good job is not so easy. In addition, this will require a lot of effort and waste of time, and an employee does not have much of it.

In what cases can you stay without additional payment?

In practice this happens quite often. Because the employee does not require written documents that would confirm that he is performing additional work.

In addition, in order to assign additional responsibilities to an employee, the manager must obtain his consent. This rule is enshrined in Art. 60.2 Labor Code of the Russian Federation. Combining professions and positions always requires additional remuneration. However, many heads of organizations take advantage of the legal illiteracy of their employees and do not enter into any additional agreements. They also don’t pay for doing more work.

Therefore, if a person performing the duties of another employee during his official time does not want to be left without pay, he must ensure that the boss correctly draws up all the documents and gives him an agreement to the employment contract.

This document must contain:

Date of conclusion;

The volume of work assigned, job responsibilities that must be performed;

Additional payment for combination;

Bear the signature of the head and the seal of the organization.

Period

As a rule, the head of the organization strives to ensure that the staff is fully staffed and often looks for new employees. Therefore, the performance of additional duties assigned to an employee may be temporary. In addition, not every person can cope with a large amount of work in eight hours. Therefore, when assigning additional responsibilities to an employee, the boss, in the agreement attached to the main contract, prescribes the period of its validity.

You also need to know that the vacancy for which the combination is carried out is not considered occupied and must be offered to another person when laying off or when applying for employment at the enterprise.

Practice

The citizen was notified by the manager that his position would be reduced in two months. At the same time, the boss did not offer him the available vacancies, citing the fact that there were no vacancies in the organization. Although this was not true. One of the employees worked at the company as a cleaner and at the same time combined this with the functions of a cloakroom attendant. In addition, a new employee was hired as an electrician. The boss did not explain how this was possible when the company was undergoing downsizing measures.

The man was forced to appeal to the judiciary. From the case materials it follows that the citizen was warned about the reduction of his position within the period of time established by law. But the vacancies available at the enterprise were not offered to him for an unknown reason. At the same time, the cleaner carried out a combination of professions (performed the duties of a cloakroom attendant) during her official time for a certain payment. In addition, another employee was hired into the organization as an electrician.

The court declared the manager’s actions illegal, and also explained that the combination of professions by the same employee does not imply the fact that the specified vacancy is filled. After all, additional work for a certain fee is assigned to the employee for a certain time. Moreover, combinations must be stopped during the period of staff reduction measures. This condition was not taken into account by the manager. Hiring new employees during this period is also prohibited.

Thus, the man was offered all available vacancies at the enterprise. And the manager received an administrative fine.

Need to remember

Additional payment for part-time work will not be established if the employee performs the duties specified in his contract of employment. And also if the manager has not concluded a written agreement with the subordinate.

The employer has the right to assign additional work to the employee. An additional payment is established for it, and it must be formalized in accordance with regulations.

Increasing the scope of work in accordance with the Labor Code of the Russian Federation

Increasing the volume of work involves assigning an employee work in his own specialization. It is assumed that this work is not specified in the original employment contract. The procedure is regulated by Article 60.2 of the Labor Code of the Russian Federation. Additional load is assigned if the following conditions are met:

• No separation from core activities.
• Performing duties within the standard working hours (based on Part 1 of Article 60.2 of the Labor Code of the Russian Federation).

Article 60.2 of the Labor Code of the Russian Federation stipulates additional conditions for increasing the scope of work:

• Obtaining written consent from the employee.
• Carrying out activities in another or original position.
• The manager is obliged to pay the employee extra for additional assignments.

An increase in the scope of work is introduced based on the worker’s application.

IMPORTANT! The employer needs to know what exactly is meant by an increase in the volume of work. As part of this procedure, the manager can assign an employee work performed within the boundaries of his position, the volume of which is greater than standard. If the worker is assigned another job, the design will be slightly different. For example, in case of internal part-time work, the employer needs to draw up an additional employment contract.

Rules for registration of additional work

In order to correctly process the additional payment, you need to correctly document the increase in the scope of work. Each stage involves drawing up a corresponding document.

Application for increasing the scope of work

The application is drawn up in a standard form: “header”, title, text itself, date and signature. Let's take a closer look at the list of information that needs to be included in the document:

• Manager's position and place of work.
• Full name of the head.
• Title of the application (“on consent to perform the work”).
• Request for an increase in the scope of responsibilities.
• Content and scope of work, duration of their implementation.
• Amount of surcharge.

At the end of the application there must be the position of the manager and his signature.

Service memo

Based on the application, it is drawn up. It is sent from the head of the company to the director. Let's consider the information that needs to be mentioned in the memo:

• The title of the manager's position, his full name, and the name of the company.
• The employee's position and full name.
• Document's name.
• A request to assign additional work to an employee and its justification (for example, one of the employees going on vacation).
• A request for additional payment in the established amount.
• The position of the sender of the note and his signature.

The form of the memo is also not established by law.

Order on the introduction of work and additional agreement

After receiving consent from the employee, an agreement should be drawn up, which is attached to the employment contract. The document contains the following information:

• The content of the work.
• The period of its introduction.
• Amount of surcharge.

Based on this agreement, an order is drawn up. It contains the following data:

• Name of the organization.
• The name of the document and its number.
• Date of preparation.
• An order to assign additional work with reference to the relevant articles of the Labor Code of the Russian Federation (in particular, articles 60.2, 151).
• Manager's signature.

The employee must be familiarized with the order and signed. Without this, the document will not be valid.

How to determine the amount of surcharge?

The amount of additional payment is determined, as a rule, on the basis of an oral agreement between the employer and employee. The legality of the agreement between participants in the labor process is established by part 2 of article 151 of the Labor Code of the Russian Federation. When calculating the amount, the following factors are taken into account:

• Content and scope of new responsibilities (Article 151 of the Labor Code of the Russian Federation).
• Qualification of the employee, complexity of the work, volume of work and its conditions (Articles 129, 132 of the Labor Code of the Russian Federation).
• The obligation to introduce equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation).

The surcharge can be entered either as a flat amount or as a percentage. The law is silent on the exact amount of (minimum/maximum) remuneration.

How to remove additional payment for increasing the volume of work?

To remove the additional payment, the employee must be relieved of the responsibilities for performing the assigned work. The manager needs to issue an order to stop accrual of remuneration. Based on this document, the accounting department stops payments.

IMPORTANT! The increase in the volume of work can be stopped after the expiration of the period for its introduction. For example, an employee is assigned additional responsibilities for the period from June 1 to June 20. Payments stop on June 21. The manager must draw up an order in any case.

The increase in the scope of work may be terminated early. The formalization of this depends on whose initiative the termination of the previous agreement occurred. If this is the initiative of the worker, then a statement is drawn up, if the initiative of the employer is a notification, which must be familiarized to the employee against signature. The document is sent to the interested party three days before the load is reduced. For example, if it is expected that the employee’s duties will be removed on July 23, the application must be sent on July 20.

Additional questions

Is information about the increased workload entered into the employee’s work book? No, you do not need to provide any additional information. This is relevant even if the employee combines several positions at once.

Is it possible to introduce an increase in the scope of work without additional payment? This is only possible if the corresponding provision is contained in the employee’s job description. For example, the document may indicate that the employee must perform the functions of an employee going on vacation without receiving remuneration. In this case, the absence of additional payments will be completely legal. This is due to the fact that the employee will perform work within the framework of the concluded contract. The corresponding rule is in the Letter of the Ministry of Health and Social Development dated March 12, 2012 No. 22-2-8970.

IMPORTANT! If the job description does not oblige the employee to completely replace an absent employee, a partial additional payment may be established.

Employer's liability for lack of payments

The employer, unless otherwise provided by law, is obliged to pay additional payments to employees. If he does not do this, he can be brought to administrative responsibility. In particular, the employer is issued a fine in the amount of 1,000-5,000 rubles. The amount of the fine is established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

How to hold an employer accountable? You can contact the labor inspectorate. Upon the employee's application, the company is checked. An alternative option is to file a claim in court. The second option is more preferable. When contacting the labor inspectorate, you need to understand that the inspection will not be carried out immediately. As a rule, it is carried out within a month. During this period, the conflict that has arisen may no longer be relevant. Moreover, it is quite difficult to detect an offense during an audit.

Please tell me how to correctly draw up an order and an additional agreement to the employment contract establishing additional payment for increasing the volume of work without exemption from the work specified in the employment contract. Thank you in advance.

Answer

Answer to the question:

The Labor Code provides for three ways for an employee to perform additional work without being exempt from the main one:

• combination of positions (professions),
• increase in the scope of work (expansion of service areas),
• as well as performing the duties of a temporarily absent employee ().

The named methods are united by the fact that additional duties are carried out without interruption from the main job and during the established duration of working hours (shift) (). If such work is performed outside the working day, then it will be an internal part-time job (, Labor Code of the Russian Federation). The employer’s choice of the form of performance of additional duties depends on the nature of the work. In this case, it is necessary to take into account the features of each method.

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Prohibited documents in the personnel service

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Additional work on the basis of an increase in the volume of work can be entrusted to the employee only with his written consent (). It can be expressed in an employee statement or formalized in a proposal to increase the scope of work (for a sample, see the Attached Materials).

After receiving the employee’s consent, you need to draw up an additional agreement to his employment contract (). It must indicate: what this increase in work is, additional work, its content and volume; the amount of additional payment for increasing the volume of work, the period during which the employee will perform additional work (for a sample, see the Attached Materials).

The amount of additional payment is determined by agreement of the parties and depends on the volume and content of additional work (). At the same time, the employer must remember his obligation to provide equal pay for work of equal value (). The surcharge can be set either as a fixed sum of money or as a percentage of the tariff rate (salary) or the employee’s salary.

It should be remembered that information about combining professions, increasing the volume of work (expanding service areas), performing the duties of a temporarily absent employee without release from the main job Not must be entered in the work book. However, if necessary, they can be added to the employee’s personal card

Details in the materials of the Personnel System:

1. Situation: how to formalize the performance of work that is not part of the employee’s job responsibilities

Work that is not part of the employee’s job responsibilities can be completed in one of four ways:

• How ();
• How ();
• How ();

The choice of option depends on the nature of the additional work and the frequency with which the employee must perform it. If an employee will have to do a new job for him for a certain time, then it is better to arrange an internal part-time job or a combination job.

With an internal part-time job, the employee performs additional work in his free time from his main job (and the Labor Code of the Russian Federation). For this purpose the employer ().

When combining professions, an employee does additional work during his regular working day. In this case, additional work is subject to payment and is possible only with the written consent of the employee. Such rules are established in Article 60.2 of the Labor Code of the Russian Federation.

By expanding service areas and increasing the volume of work performed, we mean performing, along with one’s main work stipulated by an employment contract, an additional volume of work in the same profession or position ().

In this case, the assignment of additional work to an employee for additional payment should be formalized by the employee and the employer signing an additional agreement to the employment contract, which will determine both the content and volume and duration of future work, as well as additional payment for its implementation (Article , Labor Code of the Russian Federation).

Based on the additional agreement to the employment contract, issue an order assigning the employee the appropriate work and establishing additional payment. Submit a copy of the order to the accounting department for calculation and payment of additional payments to the employee.

Information on combining professions, expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without release from work specified in the employment contract does not need to be entered into the employee’s work book and personal card (, clause, Rules approved, Instructions approved) .

2. Sample: Order to increase the volume of work (expanding service areas)

ORDER No. 467

about expanding the service area

In accordance with articles 60.2 and 151 of the Labor Code of the Russian Federation

I ORDER:

additional work by expanding the service area within the established

duration of the working day: maintain on the basis of incoming and outgoing documents

cash book, carry out operations for receiving, recording, issuing and storing cash

funds and securities.

2. Establish an additional payment for additional work in the amount of 10,000 rubles. per month.

3. When calculating salaries, the accounting department shall be guided by this order.

4. To inform the HR department of V.N. Zaitsev with this order signed.

March 2005 No. 255.

3. Sample: Additional agreement on increasing the volume of work (expanding service areas)

4. Magazines and books: Personnel matters April 2014 No. 4 We arrange temporary performance of additional duties

Combining positions (professions) is the performance by an employee of additional work in another position (profession) (). An employee cannot combine positions of the same name. Most often, combination is established when a staff position in an organization is not filled (vacant) for some reason. For example, a secretary, along with his work, can temporarily perform the labor function of a resigned personnel officer on a part-time basis until a new employee is hired for this position.

An increase in the volume of work (expansion of service areas) is the performance by an employee of additional work in the same profession, but in a volume exceeding that established by the employment contract (). For example, if a cleaner, working at one rate, must clean 80 sq. m of space, then, as part of an increase in the volume of work, she can be instructed to clean an additional 20 square meters. m during her main working hours. Of course, if she is able to cope with such a volume.

Advice

If the position that the employee will temporarily fill involves the direct maintenance of material assets, enter into an agreement with him on full financial responsibility (,)

Fulfilling the duties of a temporarily absent employee is the performance by an employee of additional work in the same profession or in another (). In this case, it is assumed that the replaced employee continues to be registered in the organization, but for some reason is not able to fulfill his duties. In other words, temporary replacement is allowed only for occupied positions and is not allowed for vacant ones. So, an engineer can temporarily perform the duties of a supply manager while he is on sick leave.

It must be borne in mind that if an acting employee is released from his main job, then this is a temporary transfer to another job ().

Step 2. Obtain written consent from the employee

Additional work on the basis of combination, performance of duties of a temporarily absent employee or increase in the volume of work can be assigned to the employee only with his written consent (). It can be expressed in an employee application or formalized in a proposal for combination (increase in the volume of work, temporary replacement) (sample below).

In the "Personnel Documents" section

you will find samples: order to establish combination (help..site/vk/item6674)

Step 3. We conclude an additional agreement to the employment contract

After receiving the employee’s consent, you need to draw up an additional agreement to his employment contract (). It must indicate: the name of the position for which additional work will be performed, its content and volume; the amount of additional payment for combining positions (increasing the volume of work, temporary replacement); the period during which the employee will perform additional work.

If the combination of professions is due to the presence of a vacant position in the organization, then the term of work in the additional agreement can be formulated as follows: “The employee is entrusted with performing the duties of an accountant in the order of combining positions with an additional payment of 40 percent of the salary for the combined position from April 7, 2014 until the closure vacant position."

Attention!

If the manager does not formalize or pay for additional work, he may be held administratively liable in the form of a fine of 1,000 to 5,000 rubles ()

When performing the duties of a temporarily absent employee, when it is impossible to accurately determine the moment of his return to work, the additional agreement with the replacement employee can indicate: “The employee is entrusted with performing the duties of an accountant in the order of combining positions with an additional payment of 40 percent of the salary for the combined position from April 7, 2014 until the absent employee returns to work.”

Step 4. We issue an order for the temporary performance of additional duties

Based on the concluded agreement, issue an order for the temporary performance of additional duties (sample below). The document must indicate the work being assigned, the deadline for its completion and the terms of payment. Please familiarize yourself with the employee's order against signature ().

It should be remembered that information about combining professions, increasing the volume of work (expanding service areas), performing the duties of a temporarily absent employee without release from the main job does not need to be entered into the work book. However, if necessary, they can be added to the employee’s personal card (sample below).

Step 5. Set the surcharge

Despite the fact that labor legislation does not establish minimum and maximum amounts of additional payment for the temporary performance of additional duties, the employee must be paid for this work. The amount of additional payment is determined by agreement of the parties and depends on the volume and content of additional work (). At the same time, the employer must remember his obligation to provide equal pay for work of equal value (). The surcharge can be set either as a fixed monetary amount or as a percentage of the tariff rate (salary) or the employee’s salary.

The employer has the right not to pay for additional work if the employee’s employment contract or job description stipulates the obligation to combine his position with the position of a temporarily absent employee with a similar job function. Such a combination is considered to be performing work under an employment contract, and no additional payment will be accrued to the employee (,).

Remember the main thing

Note the experts who took part in the preparation of the material:

Larisa GORDEEVA,

Head of the HR Department of Person-Group T LLC (Tomsk):

Temporary performance of additional duties without release from the main job is possible in three forms: combining positions (professions), increasing the volume of work (expanding service areas), and also performing the duties of a temporarily absent employee.

When combining positions, the employee performs additional work in another position; in case of temporary substitution - both in the same profession and in a different one. An increase in the volume of work involves working in the same position, but on a larger scale.

Ivan UTESHEV,

- Legal Advisor, Insurance Joint Stock Company "Energogarant" (Moscow): The employer must properly formalize and pay the employee for additional work.

To do this, it is necessary to obtain the written consent of the employee, draw up an additional agreement to the employment contract and issue an order in any form. There is no need to make an entry in the work book about the temporary performance of additional duties, but this information can be entered into your personal card.

Milana DUBROVSKAYA,

An additional agreement to the employment contract must contain the following mandatory conditions: the method of assigning duties to the employee to perform additional work (combining or expanding the service area, increasing the volume of work), a list of assigned work. And also the period during which the employee will perform it, the amount of additional payment.

Related documents

When registering and establishing remuneration for combined work, organizations have the right to be guided by Art. 151 of the Labor Code of the Russian Federation, as well as legislative acts of the former USSR. These include:

• Resolution of the USSR Council of Ministers dated December 4, 1981 No. 1145 (as amended on August 17, 1989, as amended on October 20, 2003) “On the procedure and conditions for combining professions (positions)” (hereinafter referred to as Resolution of the USSR Council of Ministers No. 1145);
• Instruction of the All-Russian Central Council of Trade Unions, the Ministry of Finance of the USSR, the State Committee for Labor of the USSR dated May 14, 1982 No. 53-VL “On the application of the Resolution of the Council of Ministers of the USSR dated December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” (hereinafter referred to as Instruction No. 53-VL) ;
• clarification of the USSR State Committee for Labor No. 30, All-Union Central Council of Trade Unions No. 39 dated December 29, 1965 (as amended on December 11, 1986, as amended on March 11, 2003) “On the procedure for paying temporary substitution” (hereinafter referred to as clarification of the USSR State Labor Committee No. 30).

Based on Art. 423 of the Labor Code of the Russian Federation, the normative acts of the former USSR are applied to the extent that does not contradict the Labor Code of the Russian Federation.

Concepts and definitions

The current edition of the Labor Code of the Russian Federation does not contain a definition of the concepts of combining professions (positions) and other types of additional work. Let us use paragraph 1 of instruction No. 53-VL, according to which Resolution of the USSR Council of Ministers No. 1145 establishes the procedure:

• combining professions (positions);
• expansion of service areas or increase in the volume of work performed;
• performing, along with their main work, the duties of temporarily absent employees.

Under a combination of professions or positions is understood as the performance by an employee, along with his main work specified in the employment contract, of additional work in another, vacant position in the same organization and at the same working hours.

By expanding service areas or increasing the volume of work performed means performing additional work along with your main work specified in the employment contract in the same profession or position.

Under the performance of the duties of a temporarily absent employee without release from his main job (temporary substitution) should be understood as replacing an employee who is absent due to illness, vacation, business trip or other reasons, when, in accordance with current legislation, his job (position) is retained.

Basic moments

Since the above modes are largely similar to each other, for brevity we will call them all a combination of professions (positions).

Combining professions (positions) must be distinguished from performing duties on the terms full-time part-time. When performing part-time work, a separate employment contract must be concluded with the employee, and labor duties under it are performed in free time from the main job.

Combining professions (positions) is permitted if it is economically feasible and does not lead to a deterioration in the quality of the work performed.

At the same time, the combination of professions (positions), as a rule, is carried out within the category of personnel to which the given employee belongs (workers, engineering and technical workers, office employees and others) (clause 3 of Resolution of the USSR Council of Ministers No. 1145). At the same time, it is allowed to combine professions (positions) by employees belonging to different categories of personnel, unless otherwise provided by current legislation.

The combination is being formalized by order of the head(see Example 2 for a sample). The condition on combining professions (positions) and the amount of additional payments can be established immediately upon concluding an employment contract. If there is already an employment contract, then the combination condition is prescribed in an additional agreement to the employment contract(see Example 1 for a sample). In the event of a vacant position, an additional agreement to the employment contract is made with this employee to cancel the combination and the corresponding order (for a sample, see Example 3).

Payment when combining professions (positions)

In accordance with Article 151 of the Labor Code of the Russian Federation, an employee who combines his main job with an additional one must receive an additional payment, the amount of which is established by agreement of the parties to the employment contract.

Previously, according to paragraph 15 of Resolution of the USSR Council of Ministers No. 1145, chief specialists, heads of departments and their deputies were not entitled to additional payment when combining professions. By the ruling of the Supreme Court of the Russian Federation dated March 25, 2003 No. CAS 03-90, this paragraph was canceled for the above categories of workers. Currently, heads of enterprises, their deputies and assistants, employees of research institutions and government bodies are not entitled to additional payment when combining professions.

As for the maximum amounts of additional payments established by paragraph 6 of Resolution of the USSR Council of Ministers No. 1145, for commercial organizations this subparagraph lost force back in 1987 (Resolution of the USSR Council of Ministers dated December 1, 1987 No. 1367). Budgetary organizations, in accordance with the clarification of the Ministry of Labor of Russia dated March 4, 1993 No. 4 “On the procedure for establishing additional payments and allowances for employees of institutions, organizations and enterprises receiving budgetary financing,” have the right to independently establish the amount of additional payments and allowances for performing work that is not included within the scope of the employee's main duties. It is necessary to take into account that, due to the provisions of Articles 135 and 145 of the Labor Code of the Russian Federation, the amount of additional payments in budgetary organizations may be limited by regulatory legal acts.

Let's especially talk about payment for temporary substitution. Its procedure is determined by clarification of the USSR State Committee for Labor No. 30.

The replacement employee is paid the difference between his actual salary (official, personal) and the official salary of the replaced employee (without personal allowance). Previously, if the replacement employee was a full-time substitute, then the difference in salaries was not paid to him. However, by the decision of the Supreme Court of the Russian Federation dated March 11, 2003 No. CAS 03-25, this rule, in the part prohibiting the payment of the difference to a full-time deputy, became invalid.

In this case, by agreement of the parties (local regulations of the employer) a higher level of remuneration for the deputy’s labor may be established in accordance with Art. 8, 9 and 151 of the Labor Code of the Russian Federation.

Industry regulation of combining professions (positions)

Some amounts of additional payments are established by industry legislation. For convenience, we present this information in tabular form.

Table 1. Amounts of surcharges in various industries

Upcoming changes to the Labor Code of the Russian Federation

On October 1, 2006, the Federal Law “On Amendments to the Labor Code of the Russian Federation, Recognition of Some Regulatory Legal Acts of the USSR as Ineffective on the Territory of the Russian Federation and Invalidity of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation” dated June 30, 2006 will come into force. No. 90-FZ.

According to the amendments, the Labor Code of the Russian Federation is supplemented with a new article 60.2, which provides definitions of the concepts of “combining professions (positions)”, “expanding service areas”, “increasing the volume of work”, “performing the duties of a temporarily absent employee without release from work specified in the employment contract” .

In addition, a rule is being introduced according to which 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. In this case, the employee or employer is obliged to notify the other party about this in writing no later than three working days in advance.

It is prohibited to assign work to working citizens that is not specified in the employment contract without their permission. Usually, people agree to additional work for a fee. Additional payment for an increase in the volume of work is made by the accounting department together with wages on the basis of an order for the enterprise. An additional agreement must also be drawn up.

When is an additional payment made for an increase in the volume of work?

The Labor Code regulates, among other things, those standards that must be fulfilled if additional work is entrusted to a person. An increase in the volume of work implies the performance of additional work in volumes exceeding those established by the employment contract. Suppose a premises cleaner must be responsible for an area of ​​600 square meters under a contract. He can be assigned to clean additional square meters during established working hours for a fee. However, this is possible only with his consent and to the best of his ability.

How to apply for an additional payment for increasing the volume of work

Additional payment for additional work is processed in several main stages:

1. The head of the employee’s structural unit must apply for additional payment. To do this, he writes a memo addressed to the director.
2. The head of the structural unit must ask the employee to write consent to perform additional functions (Article 60. 2 of the Labor Code).

Additional payment for additional work: sample consent

1. The HR department specialist draws up an additional agreement to the current employment contract of the person who will perform additional work. It contains the required data:
   • Description of the work performed.
   • Amount of additional payment and frequency of payments.
   • Deadline for completing additional work.
   • Date of preparation.
   • Signatures of participants in labor relations.

Information about the performance of additional labor duties is not entered into the work book. However, if necessary, a HR specialist can reflect them in the employee’s personal card.

1. The final stage of processing the additional payment is the issuance of the appropriate order. It contains the required information:
   • Document's name.
   • Number and date of compilation.
   • In this connection, an order is issued.
   • Text containing a direct assignment of responsibilities.
   • Establishment of the amount of additional payment and validity period.
   • On what basis was the order issued?
   • Visa for the manager and interested parties.

Only after the order is issued, the accounting department calculates additional payments for the additional amount of work.

Additional payment for increasing the volume of work

The Labor Code does not establish the amount of additional payment for performing additional work. It is determined by agreement of the parties and directly depends on volumes. However, the employer must not forget to ensure equal pay for work of equal value.

You can set an additional payment for performing work in any of the following ways:

• fixed amount;
• percentage of salary;
• percentage of the tariff.

The main thing is not to forget to indicate the terms of payment in the employment contract and order.

Every person has the right to receive additional payment for work performed in excess of the standards established by the employment contract. At the same time, a worker cannot be forced to do additional work.