extra work

How the assignment of new job responsibilities is regulated by law

Many employees have probably had to deal with attempts by their employer to obligate them to perform any additional work. Moreover, some employers approach this issue from a position of strength, declaring that in any case they will force the employee to perform additional duties, and at the same time they strive to either save on paying for additional work or not pay for it at all. This state of affairs is fundamentally contrary to the interests of employees.

Let us consider the issues of assigning additional responsibilities to an employee in the form in which this procedure is regulated by the legislation of the Russian Federation.

ADDITIONAL WORK AND ITS TYPES

The scope of work of a specific employee, a list of it job responsibilities determined upon hiring and enshrined in the employment contract, job description. For completing this amount of work, a salary is established, the amount of which is also fixed in the employment contract. Unilateral deviation by the employer from the terms of the concluded employment contract, including an increase in the scope of work, is not allowed.

At the same time, situations often arise when there is no one to do this or that work. There is only one reason - a shortage of workers, but the roots of this reason can be different: a person got sick, went on vacation, quit (or was fired at the initiative of the employer), the scope of activity expanded, the volume of work increased, etc. To quickly resolve such problems, the legislation provides for the possibility of assigning the necessary additional work to one of the existing employees.

The employee may also have a certain interest in doing additional work - the possibility of additional income.

Part 1 art. 60.2 of the Labor Code of the Russian Federation establishes: 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.

Taking into account the provisions of Part 2 of Art. 60.2 of the Labor Code of the Russian Federation, additional work assigned may be carried out in various forms depending on whether it is provided this work profession (position) of the employee.

1. If an employee is entrusted with work in another profession (position), then such work can be carried out by combining professions (positions). It is necessary to immediately identify the differences between working on conditions of combining professions (positions) and part-time work. These two types of works, which have similar names, at the same time are fundamentally different in their content.

Work on the terms of combining professions (positions) involves the performance by the employee, along with his main job, which is provided for by the employment contract, additional work in another profession (position). Such additional work is performed within the working hours at the main job (during the working day, shift) and cannot be carried out outside the working hours.

Unlike work on the terms of combining professions (positions), part-time work can be performed by an employee both for the same employer and for another. Part-time work requires the conclusion of a separate employment contract and is performed only in free time from the main job (Article 60.1 of the Labor Code of the Russian Federation).

2. An employee may also be entrusted with additional work within the framework of his profession (position). Such work can be done by increasing the scope of work or expanding service areas. In this case, the person actually does his job, but on a larger scale.

3. In addition, additional work in another or the same profession (position) may be entrusted to perform the duties of another temporarily absent employee who is on sick leave, on vacation, on a business trip or is absent for other reasons, and in accordance with the law he retains his place of work (position).
The legislation does not establish any restrictions for assigning additional work for an absent employee not to one, but to several employees; in such cases, each of them takes on a certain part of the work of the absentee.

In all these cases, the employee is not released from the main job and performs additional work by compacting the labor process, increasing the intensity of labor, and using hidden reserves of working time. To perform additional work, you do not need to enter into a new employment contract.

The second part of the article will discuss issues related to the timing, content, volume of additional work, its execution, and payment.

Denis ZHURAVLEV, legal consultant

The ending follows

The holiday season is approaching, and care must be taken to ensure that employees going on vacation does not lead to disruptions in the organization’s activities. Let's consider how to distribute the responsibilities of a temporarily absent employee.

Options for assigning duties to an employee who is temporarily absent

You can entrust the duties of a temporarily absent employee to another employee of the organization in the following order:

For information on how to process an internal translation and pay for the work during the translation, read: 2009, No. 19, p. 77

• temporary combination, increasing the volume of work or expanding the service area (so-called substitution);
• internal part-time work;
• temporary transfer.

These options are very similar. But they are processed and paid for differently. This table will help you choose the best option.

Criterion	Substitution e Art. 60.2 Labor Code of the Russian Federation	Internal part-time job O Art. 60.1 Labor Code of the Russian Federation	Temporary transfer d Art. 72.2 Labor Code of the Russian Federation
Additional work time	During the working day along with the main work	Outside the working day, but no more than 4 hours a day b Art. 284 Labor Code of the Russian Federation	During the working day with release from main work
Decor	Additional agreement to the employment contract at Articles 57, 60.2 of the Labor Code of the Russian Federation	Separate employment contract R Art. 282 Labor Code of the Russian Federation	Additional agreement to the employment contract
Payment amount	Determined by agreement between employee and employer m Art. 151 Labor Code of the Russian Federation	Paid I Art. 285 Labor Code of the Russian Federation: <или>in proportion to the time worked; <или>depending on the amount of work performed; <или>on the terms specified in the employment contract	Salary (tariff rate) for the work performed
Entry in the work book	Not included	To be contributed at the request of the employee A Art. 66 Labor Code of the Russian Federation	Not included

Read about the specifics of processing personnel documents for internal part-time workers and remuneration for their work: 2008, No. 21, p. 16

Of course, the choice is yours. But still, substitution is perhaps the most optimal of the three options for the holidays. After all, the employee will not have to be released from performing his own duties. Therefore, we want to talk about how to properly arrange and pay for the replacement.

We agree with the employee

So, the employee, along with his main job, will perform additional duties within the working hours established for his main job by condensing his work during the working day. He may be entrusted with both work similar to the one he performs (increasing the volume of work, expanding the service area), and work in a different position/profession (combining).

Substitution is the most convenient way assign the duties of a temporarily absent employee to another employee. After all, the employee performs additional duties along with his own during the working day.

One employee can be assigned to perform the duties of even several absent employees, if he has the ability to cope with this additional workload during the working hours established for him.

But first you need O articles. 60, 60.2 Labor Code of the Russian Federation:

• obtain the employee’s consent to perform additional work;
• negotiate with the employee about payment.

We draw up documents

After receiving the employee's consent, we do the following.

STEP 1. We include rules on filling positions in local regulations

In order not to distribute the responsibilities of an employee who has gone on leave in an emergency manner, it is better to establish options for possible replacement of positions in advance in the local regulatory act of the organization (for example, in the internal labor regulations). This will also help when scheduling vacations. It is clear that it is better to redistribute responsibilities within one structural unit or within related professions and positions.

Let’s assume that the organization’s staffing table provides for the following positions:

• chief accountant (1 unit);
• senior accountant (1 unit);
• accountant (2 units);
• cashier (1 unit);
• head of the HR department (1 unit);
• senior HR inspector (1 unit).

The following options for filling positions may be established in the internal labor regulations.

It is also possible to prescribe in a local regulatory act general rules determining the amount of additional payments for performing the duties of temporarily absent employees.

STEP 2. We conclude an additional agreement to the employment contract

It needs to indicate b Art. 60, Art. 60.2, Art. 151 Labor Code of the Russian Federation:

• which extra work entrusted to the employee. If the employee will combine responsibilities for another position, indicate exactly what responsibilities he is assigned (all or only certain responsibilities). If the replacement takes place for a similar position, then write what additional amount of work the employee must perform;

We warn the personnel officer

With an employee temporarily replacing another, it is necessary enter into an additional agreement. One order is not enough.

• term substitutions. This will be the period when the replaced employee is on vacation, business trip, or on sick leave. But keep in mind that the “deputy” has the right to refuse to perform additional work before the expiration of this period. The employer may also cancel the substitution early. Each of the parties (both employee and employer) is obliged to notify the other party about this in writing no later than 3 working days;

• surcharge amount for replacement. The Labor Code of the Russian Federation does not establish either a minimum or maximum size such surcharge. It is set taking into account the amount of additional work assigned s Art. 151 Labor Code of the Russian Federation:
• <или>in a fixed amount;
• <или>as a percentage of the salary (tariff rate) for the main or replaced position.

If several employees are entrusted with the duties of a temporarily absent employee, the amount of additional payment may be the same for everyone or may vary depending on the amount of additional work assigned. However, its size may not be limited to the salary of a temporarily absent employee.

Additional agreement
to the employment contract dated March 12, 2007 No. 31-TD

Moscow

Limited Liability Company "Season", hereinafter referred to as "Employer", represented by general director Smirnova A.A., acting on the basis of the Charter, on the one hand, and Filippova Ksenia Borisovna, holding the position of accountant, hereinafter referred to as “Employee”, on the other hand, together referred to as the “Parties”, have concluded this additional agreement to the employment contract dated “12 » March 2007 No. 31-TD on the following:

1. Due to the fact that senior accountant I.N. Ryabova is on annual paid leave. The Employee is entrusted with the performance of all her duties in accordance with the job description during the period from May 23 to June 5, 2011, without relieving the Employee of her duties as an accountant.

2. The employee is given an additional payment for performing the duties of a temporarily absent employee in the amount of 40% of the salary for the position of senior accountant.

STEP 3. We draw up a replacement order

The employee must be familiarized with this order against signature.

Limited Liability Company "Sezon"

Moscow

Order

For the period of the next annual leave of the senior accountant Ryabova I.N. from May 23 to June 5, 2011, assign the performance of her duties to accountant K.B. Filippova. without releasing her from her job as an accountant.

Install Filippova K.B. for the specified period, an additional payment of 40% of the salary for the position of senior accountant.

The following have been familiarized with the order:

Information about the performance of additional work does not need to be entered into the employee’s personal card (Form No. T-2 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1) and in his work book at Art. 66 Labor Code of the Russian Federation; clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. However, at the employee’s request, you can reflect them in section X “Additional information” of the personal card.

Example. Calculation of additional payment upon replacement

/ condition / Due to senior accountant I.N. Ryabova’s being on annual paid leave. accountant K.B. Filippova with her consent, she was assigned to perform the duties of a senior accountant during the period from May 23 to June 5, 2011.

The additional payment for replacement is 40% of the salary for the position of senior accountant.

The salary of a senior accountant is 25,000 rubles.

/ solution / The algorithm of actions is as follows.

STEP 1. We calculate the amount of additional payment per month:

25,000 rub. x 40% = 10,000 rub.

STEP 2. We determine the amount of the surcharge for May 2011. The period from May 23 to May 31, 2011 is 7 working days, and the amount of the surcharge will be:

10,000 rub. / 20 days x 7 days = 3500 rub.

STEP 3. We determine the amount of the surcharge for June 2011. The period from June 1 to June 5, 2011 is 3 working days, and the amount of the surcharge will be:

10,000 rub. / 21 days x 3 days = 1428.57 rub.

We transfer powers to the deputy

The possibility of replacing a temporarily absent employee can also be provided for when concluding an employment contract. First of all, this applies to positions of deputy heads of an organization or head of a structural unit. The replacement of a temporarily absent manager is established by an employment contract with the deputy or his job description. In this case, there is no need to conclude an additional agreement to the employment contract with him. He will do this automatically, since this is his responsibility as part of his labor function under the employment contract. An order to assign the duties of an absent manager to a deputy manager is needed only if he has several deputies on various issues, and only one of them will replace the manager.

The employment contract with the deputy or his job description must also reflect whether the deputy has the right to sign contracts, financial and other documents during this period. If this is not agreed upon, and the deputy must be given the right to sign during vacation, then you can issue an order granting the deputy the authority to sign documents or issue a power of attorney to the deputy. b Art. 185 Civil Code of the Russian Federation.

If the deputy is also given the right to sign financial documents during the vacation, then you need to issue temporary bank cards with samples of his signature And clause 7.16 of the Instruction of the Central Bank of the Russian Federation dated September 14, 2006 No. 28-I. All documents that the deputy will sign must indicate the position (“deputy manager” (“deputy chief accountant”)), his last name, first and middle initials and signature.

From authoritative sources

Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia

“The Soviet Decree on the procedure and conditions for combining positions contained a ban on the heads of organizations, their deputies, heads of structural units, departments, workshops, services and their deputies from holding multiple positions th subp. “a” clause 15 of the Resolution of the USSR Council of Ministers dated December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” (lost force from March 10, 2009 due to the adoption of the Government of the Russian Federation Resolution No. 216 dated March 10, 2009).

This ban in 2003 was recognized by the Supreme Court as contrary to the Labor Code of the Russian Federation in relation to the heads of structural units, departments, workshops, services and their deputies th Ruling of the Supreme Court of the Russian Federation dated March 25, 2003 No. CAS 03-90.

And in 2009, this Soviet Decree completely lost its force at Decree of the Government of the Russian Federation of March 10, 2009 No. 216. Thus, the heads of organizations and their deputies also received the right to combine positions.

If senior or middle managers are required to combine positions in accordance with an employment contract or in accordance with the job description, then now there are no restrictions for them on the additional payment for combining. Therefore, by decision of the authorized body of the organization (board of directors, head of the organization), they can make such an additional payment.

That is, at present, the establishment of an additional payment to the management staff of the organization for the time of fulfillment of the duties of a temporarily absent employee by position remains at the discretion of the employer.

.

In the process of industrial relations, non-standard situations often arise that require work to be performed without complying with the parameters of working conditions and payment, approved by the internal labor documentation of the business entity. Assigning additional responsibilities to an employee is possible only after obtaining the employee’s consent and completing the appropriate documentation. It does not take into account whether the additional work qualifies as the main job or not.

Adding additional responsibilities to the main job

Legislative regulation

When assigning additional responsibilities to an employee, one should rely on current legislative norms and internal documentation of the enterprise.

The list of responsibilities of each employee is determined by the terms of the employment contract, the elements of which must be reflected in the job description. When preparing documentation, you should take into account the range of responsibilities regulated by a particular profession and the qualification requirements for it.

If there is a production need to perform work that is not taken into account by the internal regulatory documentation drawn up for a specific employee position, it is necessary to make appropriate changes to it. To do this, it is necessary to adjust the documentation regulating labor relations.

Legal norms

The Labor Code defines the rights of each employee of a business entity to work in accordance with the requirements of a formalized agreement with the employer. He is not authorized to assign additional duties to hired workers without obtaining their consent. To legally make changes to the documentation regulating changes in labor parameters, it is necessary to notify the employee in writing about the planned changes no later than 2 months before their implementation. Adjustments to duties can only be made after receiving the employee’s written consent after two months from the date of the event.

It is worth noting that if, when changing the list of works, functional responsibilities employees do not change, then the internal documentation of the enterprise can be changed without the consent of the employees. After the internal documentation has been completed and put into effect, employees must be familiarized with the list of obligations set out in the new edition.

When additional responsibilities are necessary

Non-standard production situations that require additional obligations to be imposed on employees may be due to the absence of an employee from the workplace, whose responsibilities are transferred to the shoulders of other persons. The reasons for the event may be illness, vacation or medical examination. If the solution to a production problem is within the competence of a specialist who has a specific qualification, a specialty for which is not included in the staffing table, then such obligations can be assigned to an employee who has the appropriate education and skills.

Dependence of labor parameters and remuneration on the applied method of assigning additional responsibilities

An increase in the volume of product output, as well as changes in production regulations, may require additional work not previously provided for by the business entity. New responsibilities may be assigned to an employee within the limits of his competence. It is important to correctly formalize additional responsibilities for the employee in order to eliminate later disputes regarding remuneration and incompetent performance of duties, which the employee may not be aware of.

For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, it is envisaged that the absent employee will be assigned to another person. How to arrange this correctly?

In this situation, there are subtleties that both the personnel officer and the manager must know. And employees will also benefit from raising their educational level. Let's look at how the duties of a temporarily absent employee are assigned, and what each party to the process should focus on.

Options for solving the problem

It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposes two options for solving the problem. The administration may offer the employee a part-time job, that is, he will work for two people for some time. Another way is translation. In this case, the employee is relieved of his main duties.

For example, if the boss's secretary went on vacation or fell ill, a courier can be put in his place. At the same time, the administration should consider whether this person can perform the previous duties. If he manages to meet work time, then a combination is used, otherwise a transfer is used.

The assignment of the duties of a temporarily absent employee must be properly executed, taking into account the surcharge. It is also necessary to keep in mind that in the post-Soviet countries, whose legislation in the field of labor relations is based on the former code, there have been changes. This means that personnel officers should look for a solution based on the national regulatory framework.

Fundamental question

The procedure for laying on an absent worker is set out in the articles of the relevant national legislation. The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must enlist the document in which it is expressed. Lawyers recommend signing an additional agreement. It contains the following data:

• Parties to the contract.
• List of duties or positions.
• Scope of work.
• Surcharge.
• Validity periods.

The signing of such an agreement will mean the written consent of the employee. On its basis, a temporary absent employee is compiled. Such a document contains the information listed above.

Assignment of responsibilities to a temporarily absent employee (RB)

The legislation of Belarus also provides for two options. We are talking about substitution and combination. The first is the release from the main duties and the assignment of what the absent worker performed. The second option involves double load. Substitution can be made with the consent of the worker.

There are exceptions. In the case when there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually the transfer (combination) occurs by agreement. That is, the employee is offered to take up other work for a while. He signs the relevant paper, which indicates the terms and amount of payment. It is forbidden to install wages, the amount of which is less than what the person received previously.

Documenting

Any changes in the work schedule should be documented with the appropriate papers, including the assignment of the duties of a temporarily absent employee (RB). Order for this topic no different from other similar documents. It contains all the details as required. A link to the relevant article of the Labor Code is also required. As the basis, an order or other document is indicated that characterizes the reason for the absence of the official and the head of the unit. Here's an example:

“Based on Art. 67 of the Labor Code of the Republic of Belarus and due to the absence at the workplace of the secretary of the head Ivashchenko S.N.:

1. The duties of the secretary of the head shall be assigned to the personnel specialist T. with her written consent for a period (specify) while maintaining responsibility for the performance of the main work.
2. The accounting department will make an additional payment to Ishchenko R.T. in the amount of 50% of the secretary’s salary during the specified period.”

You can read this order in more detail below.

Subtleties of legislation

Let's return to the Labor Code of the Russian Federation. Fundamentally, the legal and regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an order for the assignment, you should think carefully about the reason for the absence of the worker. Vacation or sick leave options are common. They are self-explanatory.

But if the employee is on a spree, then you must first issue a document on the beginning of the investigation (act), only then shift his duties to others. That is, the absence must be explained. The regulation of surcharges also differs in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amounts. They are charged on a contractual basis. But in the Republic of Belarus this is also true only for private enterprises. Additional payments for part-time jobs for public sector employees are regulated by the government.

Assigning duties to a temporarily absent employee without consent

This measure is practiced in special conditions. These include disasters, accidents, natural disasters and other events that pose a threat to the population (part of it). With such a development of events for up to a month, a person can be assigned another job. Such a norm exists in the legislation of both the Russian Federation and Belarus.

Naturally, the personnel officer will still have to formalize all this with an order. The Labor Code of the Russian Federation allows translation without consent in other cases. These include, for example, downtime or liquidation of an accident. However, it is prohibited to transfer an employee to a position with a lower qualification without written consent. This should be taken into account in your work.

Easier replacement method

In order for the production process not to be hampered due to illness or leave of a specialist, another person can be hired to replace him. Sometimes this method is more optimal than redistributing responsibilities. However, leaders are extremely reluctant to agree to it. It's all about finances. A newly hired employee will have to pay the entire salary, while a full-time employee and half is enough. This results in serious savings in funds.

There is also such a nuance as an introduction to the matter. A new person is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down. Temporary assignment of duties can be carried out for a period of up to one year or until the departure of the main employee. In case of transfer, the person retains his place of service. That is, when the main employee returns, his “deputy” should be given the same place.

It is possible to assign additional responsibilities to the employee in the form of combination. This article discusses the features of using various options.

Now, when organizations are saving on personnel, many functions that were hired by a new employee before the crisis are distributed among the old ones.

When concluding an employment agreement (contract) in accordance with Art. 19 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code) between the employer and the employee is determined labor function employee (work in one or more professions, specialties, positions indicating qualifications in accordance with the employer’s staffing schedule, functional responsibilities, job description).

The range of functional duties that each employee must perform in his profession, specialty, qualification or position is determined by the Unified Tariff qualification directory works and professions of workers, the Unified Qualification Directory of Employee Positions, job (work) instructions, regulations, technical rules, regulations.

In this case, the functional responsibilities of the employee relate to the essential terms of the employment agreement (contract). A complete listing of the employee’s functional responsibilities is, as a rule, set out in the job description (work) description, and the employment agreement (contract) provides a direct reference to these instructions.

When hiring, the employer is obliged to acquaint the employee with signature with the assigned work, conditions and remuneration and explain his rights and obligations (clause 2 of article 54 of the Labor Code). The employer does not have the right to require the employee to perform work not stipulated by the employment contract, except for cases provided for by legislative acts (Article 20 of the Labor Code).

The employer is obliged to organize the work of employees in such a way that everyone performs work in their specialty and qualifications in accordance with the position or profession defined in the concluded employment contract, during working hours. In the Labor Code there are 2 similar ways to assign additional responsibilities to an employee: internal part-time work and combination of professions (positions). Let's figure out which option is more suitable in your situation.

How does combination differ from internal combination?

Both combination of professions (positions) and internal part-time work means that in addition to the main one, the employee has some additional work in the organization. Moreover, it does not have to be related to the main position (for example, it is not forbidden to combine the work of a telephone operator and, for example, a courier). The difference between combination and part-time work is subtle, but fundamental for document flow. Combination means that an employee has additional responsibilities in addition to his main job in the organization.

The legislation establishes that combination is the performance by the same employer, along with one’s main job stipulated by an employment contract, of additional work in another profession (position) or the duties of a temporarily absent employee without release from his main job during the working day established by law ( work shift) (part one of Article 67 of the Labor Code).

IT IS IMPORTANT! When combining both work - both primary and additional - the employee performs during working hours. But internal part-time work assumes that the employee, having completed the main job, begins additional work. Thus, he performs part-time work in his free time from his main job. At the same time, he occupies the corresponding vacancy part-time.

The legislation establishes that part-time job - this is the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract (part one of Article 343 of the Labor Code). The duration of working hours established by the employer for part-time workers cannot exceed half normal duration working hours established by Art. 111-114 TK (Article 345 TK).

In accordance with the provisions of Art. 346 of the Labor Code, remuneration for part-time workers is made in proportion to the time worked. When standard tasks are established for part-time workers with time-based wages, payment is made based on the final results for the amount of work actually completed. Work performed by part-time workers for the same employer while performing another function, as well as for another employer in excess of the main work time, is not recognized as overtime (clause 3 of part two of Article 119 of the Labor Code).

It is clear that at what time the employee is engaged in the main work and at what additional time, most often it is not tracked in any way, and this is impossible. Therefore, as a rule, you can arrange both an internal part-time job and a combination of your choice. The exception is situations when it is obvious that it is more correct to use one or another option. For example, the courier is assigned the duties of a telephone operator specifically in the evening hours.

It is clear that in this case it is more correct to arrange an internal part-time job. But if you do not specify exactly what hours the courier also works as a telephone operator, you can arrange both a part-time job and a part-time job. Meanwhile, it is easier to arrange a combination: there will not be as many documents as with a part-time job, and the accountant will be able to avoid conflicts with inspectors, who often find fault with the calculation of individual payments to part-time workers.

In addition, if the organization no longer needs the employee to perform additional functions for a fee, it is much easier to terminate the agreement with him with a combination of jobs than with a part-time job.

Combination requires less documents than part-time

If the employee will combine responsibilities, there is no need to draw up a second employment contract, as with a part-time job. It is enough to conclude an additional agreement with the employee to the current employment contract. In the agreement The following conditions must be specified:

Additional duties and the period of time during which they must be performed;

Amount of additional payment for work;

Make a note that the employee agrees to combine 2 or more professions (positions).

When establishing an employee in accordance with Art. 32 and 67 of the Labor Code of Combination, it is necessary, in connection with justified production, organizational or economic reasons, to notify the employee in writing no later than 1 month in advance of a change in significant working conditions (establishment of combination).

If the employee agrees, issue an order (instruction) to establish the combination. If an employee refuses to continue working due to a change in significant working conditions, it is necessary to issue an order for his dismissal in accordance with clause 5 of Art. 35 of the Labor Code, make the final payment, make an entry in the work book and issue it to the employee on the day of dismissal.

Additionally, it should be noted that in order to assign additional responsibilities (additional functions) to an employee in another profession (position), there must be justified production, organizational or economic reasons. Otherwise, the dismissal of an employee due to refusal to continue work with changed significant working conditions under clause 5 of Art. 35 of the Labor Code may be regarded as illegal.

Important Terms

When assigning additional work to an employee or assigning additional functions in another profession (position), consider the following important conditions:

Additional work (additional functions) should not deteriorate the quality of the main work performed by the employee;

The assignment of additional work (assignment of additional functions) must be economically feasible;

Performing additional work (functional responsibilities) in the relevant profession (position) requires the employee to have the appropriate qualifications.

Thus, additional work (functional responsibilities) can only be assigned in writing and subject to the above conditions. Please note that when combining, it does not matter how many hours the employee needs to complete the additional work. But part-time work cannot take more than 4 hours a day, with the exception of cases provided for by law (50% of the monthly norm).

When combined there are no such restrictions. This means that the amount of additional payment can be any - not necessarily half the salary.

Simplifies the work and the fact that the time that the employee spent on additional duties does not need to be reflected in the time sheet. In addition, an entry about part-time work in the employee's work book is made at the request of the employee at the place of his main job (clause 6 of the Instruction on the procedure for maintaining work books for employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 09.03.1998 No. 30).

The basis for the entry is a document confirming part-time work (the order of the employer, if the part-time job is established within the same employer, or a copy of the order of another employer for whom the employee works part-time). The entry is made by general rules established by the said Instruction, with an additional indication that the employee is hired part-time. In case of combination in a work book Additional Information, as a rule, is not entered.

It is easier to remove additional responsibilities when combining them than when working part-time.

When combining, it is assumed that the employee performs additional work temporarily. The organization has the right to stop engaging an employee in additional work at any time; all you need to do is issue an order from the director. To terminate an employment contract for part-time work, you must follow other rules.

If management decides to hire a new employee, then the internal part-time employee should be warned about this. His consent is not needed in such a situation. But if there is no need for a part-time worker for other reasons (for example, due to a reduction in the amount of work), then the general rules apply. That is, it will be possible to terminate a part-time contract only for the reasons listed in the Labor Code (for example, by agreement of the parties).

Alexey Parkhimovich, leading labor economist