What is a combination of professions? This is the fulfillment by an employee of duties in another specialty for a fee in his working time. As a rule, combination of posts is possible only if the employee does not object to this. After that, the head draws up an additional agreement to the contract on performance management.
What does it mean
The employee's performance of work not provided for in the employment contract for another staff unit for an additional payment during office hours is a combination of professions. For example, a person works as a foreman at a construction site, in addition, he carries cement and tools for the performance of official duties on a dump truck. He does all this in his working hours. This means that a person combines two professions at once: the construction superintendent and the driver.
In order for an employee of the organization to perform duties in another specialty, it is necessary to solve this issue with him in writing. As a rule, the proposal to combine two professions always comes from the head. If an employee agrees to such conditions of work with an additional payment, then the personnel specialist prepares an appropriate order and an additional agreement to the labor contract.
According to law
Performing another work by an organization employee in his office time for a fee is a combination of professions. TC provides for its legislative regulation in the articles:
- Art. 60 - suggests the possibility of assigning an employee additional work in the same or another specialty;
- Art. 151 states payment for combination;
- Art. 60.2 contains the rules on the basis of which employees perform duties in another position in their official time;
- Art. 149 states that the combination is different from normal working conditions and therefore is subject to additional payment.
Other cases
Combination of professions implies the performance by an organization employee of official duties in another specialty. For this, a certain surcharge is established for him, the amount of which is determined independently by the leader and citizen. All conditions of the combination are prescribed in the agreement attached to the contract on performance management.
Nevertheless, labor legislation provides for other cases when an employee of an organization performs additional work for a certain payment. These include:
- an increase in the volume of work performed (in this case, there is no clear-cut distinction between additional duties, just an employee does a certain load for a certain monetary reward, for example, instead of one report he makes two, prepares three accounting statements);
- expanding the service area - imposing additional duties on a person with a clear division of borders (the guard must guard not only one warehouse, but another located nearby);
- performance of duties of an absent subordinate - possibly during a period of illness, vacation, business trip of the latter, while another employee performs his functions and his work, while receiving the appropriate monetary reward.
How is the calculation made?
Labor legislation does not establish specific rules for payment for combining professions. Therefore, the amount of monetary remuneration for the implementation of additional work by an employee in his official time is determined by agreement of the head with his subordinate.
The calculation for combining professions and positions is usually set as follows:
- in the form of a certain amount of money;
- as a percentage of the employee’s salary or rate;
- on the number of manufactured products.
For example, an employee works in an organization as a lawyer. After the secretary of the head quit, she was offered a combination of two posts. The employee did not mind the temporary duties of the secretary during her working hours. Thus, she wrote a statement in the name of the head to combine professions (positions). After that, the HR specialist wrote an order and an additional agreement to the employee’s employment contract. Thus, the woman began to act as secretary of the head in her office for a certain monetary reward.
In most cases, additional work carried out at the same time as the main one is paid in percentage terms. This is most beneficial for the employee.
In addition, the supplement for combining professions is made in proportion to the time worked. Therefore, if a person performed the duties of another employee for only half a month, then accordingly he will receive a monetary reward only for the specified period of time.
It should also be noted that the supplement for combining professions is established by agreement between the employee and the boss.
Registration
In order for the chief to be able to entrust the subordinate with the performance of additional work, the latter must give his consent to this. As a rule, it is made out in writing. The statement should be written as follows:
To the head ________________ (company name)
from subordinate ___________________ (personal data)
incumbent __________________ (specify)
Statement
I agree to combine posts _________________ (write which ones) with ___ (date).
Date ______________
Employee Signature ____________________
After drafting this document, the manager must prepare an appropriate agreement for the employment contract and issue an order. Registration of combining professions is always done only in writing. In addition, the employee is set for a certain surcharge. The procedure for combining professions must be observed by the head of the organization. Therefore, after the employee writes the application, the chief must prepare an additional agreement to the contract. This document is compiled as follows:
Additional agreement to the employment contract _____ dated (indicate the date of conclusion)
Number ______ City __________
_____________ (name of organization) represented by the head of ___________ acting on the basis of (indicate the document) and the employee of the enterprise __________ (data), have concluded the agreement as follows:
1. To amend the labor contract No. ___ dated (indicate the date), namely, add to the paragraph:
The employee is assigned to perform additional work in the ____ position. The subordinate will carry out the assigned duties in his official time. For the performance of additional work, the latter will receive 100% payment. The combination of professions is assigned to the employee ________ s (indicate date).
Signatures of the parties:
Worker ________________
Head of the company _______________
This document must be in duplicate. One is transferred to the employee, and the other remains with the boss, and then transferred to the personnel department and filed in a personal file.
The following actions
The procedure for combining professions and positions implies the observance of all formalities necessary in order to prevent violations of the Labor law and the rights of the employee. After the employee has written a statement of consent to perform additional work, the head of the enterprise must conclude an appropriate agreement with him and attach it to the main service contract.And you also need to make an order. The last document is drawn up as follows.
Order
Date ________ City _______________
"On the combination of professions"
In connection with the instruction to the employee ____________ to perform additional work in the post ___________, starting from (indicate the number)
I order:
Set the subordinate _________ surcharge in the amount of _________ (as a percentage of salary or fixed cash compensation).
I control the execution of this order.
Head of the enterprise ______________ (signature and transcript)
Employee _____________ (personal signature).
Important
As a rule, the assignment of additional duties to an employee performing official activities in this organization, but in a different position, is possible only with his written consent. Therefore, if the subordinate is against combining professions, then the head does not have the right to force the latter to perform work forcibly. This will be a violation of the law.
In addition, the employee can always prematurely refuse to combine several professions. In turn, the head can cancel his order ahead of schedule, warning the subordinate about this in three days.
What is the difference
Very often, many citizens confuse combining professions with part-time jobs and vice versa. So, here you need to see a clear difference between the two concepts.
Part-time is understood as the performance by an employee of duties in another position in his spare time from his main job. Duration cannot be more than four hours a day. In turn, the performance of additional duties during office hours is a combination of professions (positions). The Labor Code of the Russian Federation provides in this case a certain wage.
Therefore, these two concepts are completely different from each other. Because the whole point of combining professions is that additional work should be carried out by an employee in his work time. In addition, for this the subordinate receives a certain monetary reward.
While part-time work involves a citizen performing official duties at the same or another enterprise in his spare time from his main activity. At the same time, a labor contract is concluded with a person, not an agreement.
general characteristics
Many citizens are wondering what the concept of "combination of professions" includes. Indeed, in most organizations, employees already fulfill responsibilities not only of their own, but also of other employees, but receive no 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, which, in theory, should be performed by another employee, is done by the same one, but does not receive payment for this. For example, a lawyer performs his duties and is a specialist in human resources.
Combination of professions is always made out only in writing. Before this, the employee writes his consent to the implementation of additional duties in his office hours. Without this statement, the manager will not be able to involve him in the performance of work not provided for in the labor contract. Then, you need to determine the surcharge for combining professions. The Labor Code of the Russian Federation provides an opportunity for the leader and subordinate to decide on it independently. After this, an agreement is signed for the labor contract and an order is issued.
What is required for
Execution of additional work by an employee with his consent for a certain monetary remuneration during office hours is a combination of professions. The Russian Federation, as a legal state, has its own legislation, which enshrines the regulatory regulation of such activities in the labor relations code.
Combination is most often very beneficial for both the subordinate and his manager.After all, the employee has a good opportunity to get a small increase in salary, without being distracted from the main work, and the boss does not need to look for someone from the outside in order to involve him in the performance of official activities.
Thus, a large number of citizens are working in our country. After all, finding additional good work is not so simple. In addition, this will require a lot of effort and extra time, and the employee has not so much.
In which cases you can stay without surcharge
In practice, this happens often. Because the employee does not require written documents that would confirm that he is doing additional work.
In addition, to give an employee additional responsibilities, the manager must obtain his consent. This rule is enshrined in Art. 60.2 of the Labor Code of the Russian Federation. The combination of professions and positions always requires the establishment of additional remuneration. Nevertheless, many heads of organizations use the legal illiteracy of their employees and do not conclude any additional agreements. And also do not pay for more work.
Therefore, if a person who performs the duties of another employee in his office time does not want to be left without remuneration, he must make sure that the head draws up all the documents correctly and gives him the agreement for the labor contract.
The specified document must include:
- date of conclusion;
- the amount of work entrusted, job duties that must be performed;
- surcharge for combination;
- stand the signature of the head and seal of the organization.
Period
As a rule, the head of the organization seeks to ensure that the staff is fully staffed and often seeks new employees. Therefore, the performance of additional duties assigned to the employee may be temporary. In addition, not every person can cope with a large amount of work in eight hours. Therefore, when assigning additional duties to an employee, the head in the agreement attached to the main contract, prescribes the period of its validity.
It is also necessary to know that the vacancy, in which the combination is carried out, is not considered to be occupied and should be offered to another person during reduction or employment at the enterprise.
Practice
The citizen was notified by the head that his position would be reduced in two months. At the same time, the boss did not offer him the available vacancies, referring to the fact that there were no empty seats in the organization. Although this was not true. One of the employees worked as a cleaner at the enterprise and at the same time combined this with the functions of a cloakroom worker. In addition, a new employee was hired as an electrician. How it was possible, when the company held reduction measures, the head did not explain.
The man was forced to turn to a judicial authority. From the materials of the case it follows that the citizen was warned about the reduction of his position within the time period established by law. But the vancansia available to him for an indefinite reason were not offered to him. At the same time, the cleaner carried out a combination of professions (she performed the duties of a cloakroom worker) in her office time for a certain fee. In addition, another employee was accepted into the organization as an electrician.
The court recognized the actions of the head as illegal, and also explained that combining professions with the same employee does not imply the fact that the vacancy indicated is occupied. After all, the execution of additional work for a certain fee is assigned to the employee for a certain time. Moreover, the combination should be stopped during the period of measures to reduce the staff. This condition was not taken into account by the head.The admission of new employees during this period is also prohibited.
Thus, the man was offered all the available vacancies at the enterprise. And the head received an administrative fine.
Need to remember
An additional payment for combining will not be established if the employee fulfills the duties prescribed in his contract on performance management. And also if the head did not conclude a written agreement with the subordinate.