Job responsibilities (labor function) in the employment contract. Sample order for assigning additional duties to an employee

Hello! The question is this: if the job description does not provide for some kind of duty, but it is necessary for this employee to fulfill, but in the same job description in the "responsibility" section there is an item "is responsible for failure to comply with orders, instructions and instructions of the director." In this case, it is possible to charge the employee with an obligation to perform by issuing an order imposing certain duties on this employee.

Answer

Additional duties may be assigned to an employee only with the written consent of the employee.

All job responsibilities of the employee must be specified in employment contract or job description. According to Art. 60 of the Labor Code of the Russian Federation, it is forbidden for an employer to require an employee to perform work not stipulated by his employment contract, with the exception of cases expressly specified in the law (meaning cases of temporary transfer of an employee to another job without his consent under emergency circumstances). Therefore, the employer has the right to require the employee to perform only those duties that are provided for in the employment contract or job description. Additional duties can be assigned to an employee only with his written consent and for an additional fee (Article 60.2, Article 151 of the Labor Code of the Russian Federation).

Read more about assigning responsibilities here:

Thus, the order to lay on the employee additional responsibilities without his consent is illegitimate, and an employee cannot be held accountable for refusing to comply with this order.

Read related articles:

• You can take another employee in place of the laid-off employee if the job responsibilities are not identical
• Transferring the duties of a temporarily absent employee
• The amount of salary may depend on the scope of duties of the employee

The assignment to the employee of additional work must be issued additional. agreement to an employment contract. In the agreement, specify what additional work the employee must perform, the deadline for completion, and the amount of the surcharge. The order of registration is similar to combination.

Details in the materials of the System:

1. Normative base: Labor Code RF

It is prohibited to require an employee to perform work not stipulated by an employment contract, except as provided by this Code and other federal laws.*

2. Situation: Current edition

Is it necessary to draw up an additional agreement to the employment contract each time, or is it enough to conclude once if the employee periodically increases the amount of work.

An additional agreement must be drawn up for each case of an increase in the scope of work.

An increase in the volume of work performed is understood as the performance, along with one's main job, stipulated by an employment contract, of an additional amount of work in the same profession or position (). At the same time, an increase in the volume of work should be distinguished from the temporary performance of duties in a different position (profession, specialty), when the employee's labor function partially (or completely) changes. It is impossible to recognize such work as an increase in the volume of work. With a temporary increase in the volume of work, the employee, due to the intensity of labor, increases the volume of output (services provided, work performed, etc.), and the intensive work itself is temporary.

Sometimes in organizations there may be such a situation when one employee needs to do not only his own work, but also the work of a temporarily absent colleague.

In this case, the employer needs to take care of the proper execution of the relevant documentation. It is important to know that this situation requires the mandatory issuance of an order imposing the relevant duties on the employee, and he must sign it.

Design nuances

Legislatively, the imposition of additional duties is considered in article 60.2 of the Labor Code of the Russian Federation, where it is noted that such work can be entrusted to only with the written consent of the employee and for an additional fee.

At the same time, in order to perform the functions of an absent employee without removing duties for the main activity, an employee can be entrusted with additional work both in his profession and in another.

An agreement on the assignment of additional work can be drawn up in the form of an additional agreement to an employment contract or in the form of a separate document. It must specify the list of sane duties and the amount of additional payment for their performance.

Such an agreement can either be valid until the expiration date, or terminate at the initiative of the employer or employee.

When to draw up

Such an order is required in several cases. Consider the most common of them:

• The combination of two or more professions or positions. For example, due to the temporary absence of a personnel officer, this work can be assigned to an accountant. At the same time, the employee will be required to do his job and at the same time cope with new responsibilities.
• Increase in service area or scope of work. For example, a dispatcher working in a taxi needs to receive calls from several areas of the city. In this case controversial issue often the size of the surcharge appears.
• Performing the duties of an employee who is temporarily absent from the workplace. The most common reasons for this situation are regular vacations, illnesses, business trips, parental leave and other reasons.

Publication order

The employer needs to know that the employee must be familiar with the order, as evidenced by his signature. If he refuses to sign the document, the employer does not have the right to insist on the assignment of duties. This is contrary to labor law.

The order on the imposition of new duties can be issued in free form, the legislation does not provide for a strict framework for it. However, there are a number of important elements to note:

• Cause imposing additional responsibilities. For example, it can be a vacation of an employee who performs this work, staff reduction, illness and other reasons.
• Position. This item is indicated only when the assigned work relates to another position.
• Term during which the employee is assigned duties. This may be a strictly defined period, a condition may also be indicated, upon the occurrence of which the need to perform duties ceases (exit from parental leave, exit from next vacation etc.)
• New responsibilities- their list, content and volume. In this paragraph, it is necessary to list in as much detail as possible all the duties assigned to the employee. This will eliminate the occurrence conflict situations and misunderstandings.
• Surcharge amount. This item is at the discretion of the employer, but most often the amount of payments is discussed with the employee in advance.

It is important to take into account that when assigning additional work to an employee, it is necessary to conclude an additional or separate agreement concluded within the framework of labor legislation. The number and date of this document must be referred to in the first paragraph of the order.

The order drawn up in this way is first signed by the head of the company. After that, it is necessary to familiarize the employee with its text. In the event that the latter refuses to sign the document, it is necessary to draw up an act and select another candidate to assign the relevant duties.

All orders in accordance with the rules of document flow are registered in the journal of orders, where they are assigned a serial number, and the date of compilation is indicated.

In accordance with article 19 of the List of standard documents indicating the periods of storage, such documents must be stored for 75 years.

In the process of industrial relations, non-standard situations often arise that require the performance of work without observing the parameters of working conditions and its payment, approved by the internal labor documentation of the business entity. The assignment of additional duties to the employee is possible only after obtaining the consent of the employee and completing the relevant documentation. This does not take into account whether the additional job has the qualification of the main job or not.

Assignment of additional duties to the main job

Legislative regulation

When assigning additional duties to an employee, one should rely on existing legislative norms and internal company documentation.

The list of duties 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, one should take into account the range of duties 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 compiled for a specific position of an employee, it is necessary to make appropriate changes to it. To do this, it is necessary to correct the documentation regulating labor relations.

Legislation

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 impose additional duties on employees without obtaining their consent. In order to legally make changes to the documentation regulating the change in labor parameters, it is necessary to notify the employee in writing about the planned changes, no later than 2 months before their implementation. Responsibilities can be adjusted only after obtaining the written consent of the employee after two months from the date of the event.

It is worth noting that if, when the list of works is changed, the functional duties of the employee do not change, then the internal documentation for the enterprise can be changed without the consent of the employees. After the execution and implementation of internal documentation, employees must be familiarized with the list of obligations set out in the new edition.

When additional responsibilities are needed

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

Dependence of the parameters of labor and its payment on the applied method of imposing additional duties

An increase in the volume of output, as well as changes in the production schedule, may require the performance of additional work that was not previously provided for by the business entity. New duties can be assigned to an employee within his competence. At the same time, it is important to correctly issue additional obligations to the employee in order to subsequently exclude disputes regarding wages and incompetent performance of duties, which the employee may not be aware of.

The courts clearly indicate that the imposition of additional duties on the employee, if they are not specified in his job description, is unacceptable.

When accepting a new employee, the employer concludes an employment contract with him. This document is fundamental in the relationship of the parties labor relations, since it is he who contains the labor function of the employee, which, in accordance with Art. 57 of the Labor Code of the Russian Federation is the performance of work according to the position in accordance with the staff list, profession, specialty, indicating the qualifications or the specific type of work assigned to the employee.
In accordance with Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.
An employee can perform work not stipulated by an employment contract, for example, replacing an absent employee, but in any case, this must be justified from the point of view of labor legislation and properly executed.
But there are cases when an employee is instructed to perform work that he should not do, without formalizing a transfer or combination. What does he say arbitrage practice in such cases?
The job responsibilities of the employee, prescribed in the employment contract or job description, must be clearly defined, understandable and consistent with the position held by the employee. Some employers, when compiling a job description, include in it such an item as the fulfillment of other instructions of the immediate supervisor. What kind of assignments in this case should the employee perform and can he refuse if he considers that the assignment does not correspond to his position?

Example. Determination of the Judicial Collegium for Civil Cases Supreme Court Republic of Komi dated 06/14/2012 in case N 33-2195AP / 2012.
The plaintiff filed a lawsuit against CJSC "XXX" to cancel the order from ... N ... on the obligation to provide work stipulated by the employment contract and job description, the obligation to provide necessary equipment and technical documentation to perform work, referring to the fact that the order from ... N ... imposed on him an obligation not provided for by the employment contract and job description.
At the hearing, the plaintiff supported the requirements.
The representative of the defendant at the hearing did not recognize the claims.
From the materials of the case, it appears that the plaintiff works at a branch of ZAO XXX.
Order N... employment contract with the plaintiff was terminated due to absenteeism without good reason. By the effective decision of the Vorkuta City Court, the plaintiff was reinstated at work.
By order of the supply director of FZAO "XXX" dated ... N ... in order to properly monitor compliance with the storage conditions for material assets, the plaintiff is required to check the storage conditions of goods and materials, equipment from ... to ... in structural divisions respondent and, based on the results of the audit of each joint venture, submit a report to the director of the DMTS in writing on the last day of checking the structural unit.
Disagreeing with the order, the plaintiff filed a memorandum addressed to the procurement director, in which he indicated that the assignment of work on the order from ... N ... is work that is not provided for by his job description and job duties.
By order of the HR Director of FZAO "XXX", the plaintiff was reprimanded for failure to perform labor duties, expressed in failure to comply with an order from ... N ...
After evaluating the evidence collected in the case in their totality, the court of first instance concluded that the appealed order was legal, based on the fact that the work assigned by the defendant - checking the conditions for storing inventory items and equipment - is included in the main duties of the position in which the plaintiff works, and by virtue of clause 2.1.2 of the employment contract, the plaintiff undertook to carry out oral and / or written assignments, assignments, instructions and instructions from direct supervisors that are not provided for by the job description, but related to tasks and areas of activity.
Meanwhile, it is impossible to agree with the indicated conclusions of the court of first instance, since the circumstances relevant to the case are incorrectly identified.
In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor duties assigned to him by an employment contract.
Articles 15, 57 of the Labor Code of the Russian Federation establish that the labor function is understood as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee.
The realization of the right to conclude an employment contract is directly related to the employee's right to perform work that corresponds to the labor function defined by the concluded employment contract.
The name of the position, specialty, profession, indicating qualifications is a mandatory condition of the employment contract. They define the responsibilities of the employee. The legislator prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).
In accordance with the employment contract concluded between the parties, the plaintiff assumed the performance of the duties of a specialist in accordance with the job description; undertook to carry out oral and / or written assignments, assignments, instructions and orders of immediate supervisors, other competent officials and authorized representatives of the employer, not provided for by the job description, but related to the tasks and areas of activity.
From the text of the job description, it is seen that the main purpose of the position ... is timely coordination in the SAP system and quality performance requests for the purchase of goods and materials with the performance of all the necessary operations for this. At the conclusion of the employment contract, direct duties and joint duties were determined. Joint responsibilities include conducting annual and selective inventories at UMTS warehouses.
Indeed, in accordance with the Regulations on the Directorate for Logistics of the branch of CJSC "XXX", the main activities of DMTS include monitoring compliance with the storage conditions of goods and materials and equipment in warehouses structural divisions JSC "ZZZ"
Taking into account the labor function of the plaintiff, related to the fulfillment of applications for the purchase of goods and materials, the judicial panel believes that imposing on the plaintiff the responsibility for checking the conditions for storing material assets in the warehouses of the defendant's structural divisions is not included in the main duties of the employee established by the job description. The defendant's reference to paragraph 2.1.2 of the job description, in accordance with which the plaintiff undertook to comply with the instructions of the immediate supervisors, which are not provided for by the job description, but related to the tasks and areas of activity, in this case cannot be taken into account, since the assignment of duties to the employee for all types of activities, DMTS, not related to the labor function determined by the concluded labor contract, violates the principle of certainty of the labor function performed by the employee.
As seen from the case file, in violation of the requirements of labor legislation, the employer entrusted the plaintiff with the performance of work not stipulated by the employment contract, knowing that the plaintiff did not agree to comply with this order, he decided to bring the plaintiff to disciplinary responsibility.
Application disciplinary action for failure to perform duties not provided for by the employment contract is unreasonable, and therefore the contested orders are illegal.

The employer issues an order imposing additional duties on the employee. Should an employee be penalized for non-compliance?

Example. Determination of the Judicial Collegium for Civil Cases of the Tambov Regional Court dated July 11, 2012 in case No. 33-1536.
The enterprise issued an order to conduct timekeeping of the working time of the administrative and managerial apparatus in the central office and branches.
09/29/2011 to the name CEO a memorandum was received about the plaintiff's failure to provide maps of timekeeping of working hours.
On 10/03/2011, the plaintiff reported the reasons for the absence of timekeeping cards, explaining that he does not belong to any category of subjects covered by this order. Order No. 21.10.2011 imposed a disciplinary sanction on him in the form of a reprimand for his failure to fulfill, through his fault, the labor duties assigned to him.
The plaintiff filed a lawsuit against JSC "XXX" to cancel the above penalty.
By the decision of the Oktyabrsky District Court of Tambov dated March 21, 2012, the plaintiff's claims were satisfied in full.
Satisfying the claim, the court indicated that the plaintiff was hired under an employment contract. The job description, with which the plaintiff was familiarized against signature, contains the job responsibilities listed in Sec. 2. The plaintiff's duties do not include timekeeping of working time. Imposing on an employee additional duties not stipulated by the employment contract and job description without his consent is not allowed. At the same time, the employer is not entitled to refer to the emergence of "momentary" tasks facing the enterprise. In any case, the organization (enterprise) must have the consent of the employee to perform other work, and in case of his refusal, the employer has no right to force the employee to perform work not stipulated by the employment contract.
The court rejected the arguments of the defendant's representatives that, according to the terms of the employment contract, the plaintiff is obliged to comply with the orders, instructions and other local regulations of the employer, and therefore was obliged to obey the order for timing. The employee is obliged to comply with the orders, instructions and other local regulations of the employer only to the extent that they relate to his function, and the performance of timekeeping does not apply to his labor function.
In its appeal, JSC "XXX" considers the court's decision unlawful, unfounded, and asks to cancel it. Indicates that the basis for imposing a disciplinary sanction on the plaintiff was the failure to comply with the order of JSC "XXX" "On the timing of working hours." The conclusions of the court that the plaintiff should not have executed it, since the instruction contained in it goes beyond the scope of the employment contract concluded between the defendant and the plaintiff, does not correspond to the circumstances of the case. The order prescribed by this order consisted in fixing by the employees of JSC "XXX" the operations (functions) performed by them during the working day, provided for by job descriptions, indicating the time spent and did not entail for them a change or increase in the range of their labor duties. The employees who took part in the self-timer did not perform any other work not stipulated by the employment contract; accordingly, the court had no grounds to believe that they were performing an additional labor duty.
The panel of judges comes to the following.
According to clause 2.2 of the employment contract concluded between the plaintiff and JSC "XXX", the employee is obliged to conscientiously fulfill his labor duties assigned to him by this employment contract and job description, to execute orders, instructions and other local regulations of the employer and his immediate supervisor.
Thus, the plaintiff is obliged to execute orders, instructions and other local regulations of the employer.
At its core, timekeeping is a report on the work done in one's position during the working day, which is being photographed. Therefore, the plaintiff had to comply with the disputed order.
The decision of the Oktyabrsky District Court of Tambov dated March 21, 2012 was cancelled. A new decision has been made in the case.
AT this example two points can be made. Firstly, this is the decision of the court of first instance, in which the court pointed out the inadmissibility of imposing duties on the employee that are not directly provided for by the employment contract or job description. A similar opinion was held by the court from the first example. The decision was canceled due to a misinterpretation by the court of the essence of the order, in which he saw the imposition of duties not provided for by the labor function, although in fact the order did not affect the employee's labor function in any way. Secondly, the regional court, overturning the decisions of the district court, indicated that if the order does not impose obligations that go beyond official duties the employee, it is subject to execution, and the refusal of the employee may result in the application of a disciplinary sanction to him.

The employer issues an order imposing additional duties on the employee, the employee does not agree with the order, but nevertheless fulfills the assigned duties. How does the court see it?

Example. Decision of the Livensky District Court of the Oryol Region dated June 24, 2015 in case No. 1/2-924/2015~M-799/2015.
The plaintiff filed a lawsuit against LLC "XXX", in support of which he indicated that the general director of LLC "XXX" issued an order to entrust her with the duties of the general director of the factory for the period of his next vacation in order to combine with her main labor duties.
He asks to cancel the order issued against her and to recover compensation for moral damage in her favor.
At the court session, the plaintiff supported the stated requirements, explaining that she did not give her consent to perform work not stipulated by the employment contract as an additional burden to her official duties. When the order was brought to her attention, she did not agree with it. Since the general director did not accept her objections, and in order not to suspend the work of the factory, she was forced to issue a number of orders for the management of the society.
The defendant's representative denied the claim. The Deputy for Economics and Marketing is one of the officials who can first of all apply for filling the position of the General Director during his temporary absence. Despite her objections, the plaintiff immediately began to fulfill the additional duties assigned to her, began to issue numerous personnel orders, orders regarding the release of products. According to the job description of the Deputy for Economics and Marketing, this executive is obliged to fulfill the duties of the General Director in case of his temporary absence without any additional consent.
The court comes to the following conclusions.
It follows from the order of the general director that, in connection with his being on vacation, he entrusts the temporary performance of his duties to the plaintiff along with the work specified in the employment contract.
This order was brought to the attention of the plaintiff, which she did not deny, but explained that her consent to the combination of duties for additional work, not due to her employment contract, did not give.
The order does not contain a mark of the employee on consent to additional load in line with their core responsibilities.
However, the argument of the defendant's representative that the plaintiff was obliged to perform the duties of the general director during his temporary absence in order to combine with his main labor functions without her consent, was not confirmed at the court session.
The submitted documents did not establish such an obligation, in accordance with the testimony of witness B., the executive director of the factory, the plaintiff's job description did not provide for such an obligation, the assignment of the duties of the general director to none of the factory employees for official duties was provided, the general director always chose, who will perform his duties during his temporary absence.
Evidence that the employee agreed to the additional workload was not presented by the defendant.
The argument of the defendant's representative that the plaintiff actually approved his order by starting to fulfill the duties assigned to her does not indicate that the employee agreed with the actions of the employer, since the fulfillment of duties in this situation by the plaintiff could be dictated by the need to execute the issued order in order to compliance labor discipline. The consent of the employee, as provided for by labor legislation, must be expressed in writing, which may indicate the freedom of the agreement reached between the employee and the employer.
In the absence of given condition the court believes that the actions of the general director of the company on the assignment to his deputy, in order to combine with the main duties of the duties of the general director, violate the provisions of Art. 60.2 of the Labor Code of the Russian Federation, and, accordingly, the rights of the employee. In this regard, the court finds the plaintiff's demand for the recovery in her favor of compensation for non-pecuniary damage this reason justified.
The claim is satisfied.

When considering this category of cases, the courts quite clearly indicate that the imposition of additional duties on an employee, if they are not specified in his job description, is unacceptable.
Therefore, it is very important not only to properly formalize the assignment of additional duties, but also to ensure that the provisions relating to the official duties of the employee are as clearly spelled out as possible, do not contain vague wording and do not allow for several interpretations.

Order on the assignment of duties to the employee in recent times has become a common practice in almost any enterprise. It is not difficult to create such a document. It is only necessary to strictly observe a certain sequence of actions and not violate the Labor Code.

Reasons for issuing the order

There are situations when one of the employees for one reason or another is absent from the workplace. But the enterprise should not change the usual rhythm of work for this time or stop altogether. The way out of this situation will be an order to assign the duties of this employee to someone else. But before that, the employer must decide by whom and in what way these duties will be performed. There are three completely different options:

1. You can temporarily transfer one of your colleagues to the position of an absentee this moment worker.
2. Assign his duties to another employee, and he must also perform his work.
3. Invite someone from outside. He will temporarily replace the main worker.

The choice should be made by the management of the enterprise, and only after that an order should be drawn up on the assignment of duties. Only two factors can affect the decision-making: labor resources (the availability of employees who can perform additional functions) and material possibilities (to make partial or full payment).

Step-by-step instruction

There are several reasons why an employer decides that a certain range of duties will be performed by another employee in the future:

1. The main employee is absent at the moment due to good reason(vacation, business trip, etc.).
2. It is necessary to perform duties corresponding to a position (profession) that is not in the staff list.
3. The employee combines work in different professions.

In each of these cases, the following steps must be performed in turn:

1. The head of the unit must draw up a memo addressed to the director of the enterprise, which sets out in detail the reasons that prompted him to make the appropriate decision.
2. Coordinate the issue with the management.
3. Get the consent of the employee in writing.
4. The personnel service issues an appropriate order on the assignment of duties to a specific employee.

To resolve such an issue without creating conflicts, it is necessary to follow a strict sequence of these actions.

Necessary measure

Quite often, a situation of a different kind develops in enterprises. For example, there is no one or another unit in the staff list of the company (or the staff is very small), and the duties that correspond to this specialty must be performed. How to be in that case? How to legitimize the situation? This issue is easily resolved. It is only necessary to have a sample order on the assignment of duties on hand. It is composed, in principle, arbitrarily. Already in the title of the order, the position whose duties will need to be performed is indicated. Next comes the stating part, which explains the main reason. After that, in the administrative part, the essence of the issue is stated. For example:

THE RUSSIAN FEDERATION

LIMITED LIABILITY COMPANY "VETER"

Samara city

On the assignment of the duties of a mechanic

Due to the absence in the staff list of the enterprise of the position of chief mechanic

I order:

1. Assign the duties of the chief mechanic to the chief engineer Timofeev A.V.
2. I reserve control over the execution of this order.

Director of Veter LLC Karpov I.I.

Acquainted with the order:

Chief Engineer __________ Timofeev A.V.

Date Signature

If a certain surcharge is established for the performance of duties, then this fact is reflected in the order as a separate item.

Responsibilities of a cashier

If there is no cashier unit in the state, then the order may look like this. But there are often situations when there is a vacant position, but the management is in no hurry to hire an individual employee for it. In this case, a slightly different order is drawn up on the assignment of the duties of a cashier to another specialist (accountant). In fact, this will be a combination of professions (Article 60.2 of the Labor Code of the Russian Federation), so the sequence of actions should be as follows:

1. The employer in writing offers a specific specialist to additionally perform the work of a cashier and receives written consent from him.
2. An appropriate order is issued indicating the amount of payment.
3. An additional agreement is drawn up to the previously concluded labor contract(contract).
4. The employee gets acquainted with the job description of the cashier and concludes an agreement on full liability.

It is worth remembering that in no case can the duties of a cashier be performed by Chief Accountant, since the "Regulations on Chief Accountants" does not allow these specialists to combine duties related to personal responsibility for cash and material assets available at the enterprise.

Someone else's work on time

If one of the employees is absent from the workplace for some time, then his duties for this period are assigned to another member of the team. This usually occurs due to illness, vacation or business trip. There are two possible options solutions to this issue:

1. Temporary transfer to a replacement position. The employee is paid according to new profession with the preservation of all surcharges (with the exception of personal allowances). As a result, the amount should in no case be lower than his average salary at his previous place of work.
2. Temporary performance of duties along with the performance of their main work. In this case, the amount of payment is determined as a percentage of the salary for the new specialty.

In both the first and second cases, an order is necessarily drawn up for the temporary assignment of duties (or transfer), which details the following information: the period for performing additional duties, the payment that is due for this work, and the reason for the absence of the main employee.