With the written consent of the employee, he may be assigned to perform during the established duration of the working day (shift) along with the work specified in the employment contract, extra work in another or the same profession (position) for additional pay (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, having notified the other party about this. writing no later than three working days.
Commentary on Article 60.2 of the Labor Code of the Russian Federation
1. Combination of professions (positions) is the performance, during the established duration of the working day (shift), along with the work specified in the employment contract, of additional work in another or the same profession (position) for additional pay (Article 151 of the Labor Code).
2. Additional work in the same profession can be carried out by expanding service areas and increasing the volume of work. Additional work in another profession can be carried out by combining professions.
3. It is advisable to formalize the combination of professions (positions) in the form of an agreement, which is an annex to the employment contract. This agreement must include following conditions: labor function (position, profession, specialty, qualification, specific type of assigned work that the employee will perform), period of combination.
4. Sides employment contract have the right to unilaterally or by agreement of the parties, terminate the combination.
5. The amount of additional payment for combining professions (positions) is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 151 of the Labor Code).
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 (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.
Comments to Art. 60.2 Labor Code of the Russian Federation
1. Combination of professions (positions) is the performance, during the established duration of the working day (shift), along with the work specified in the employment contract, of additional work in another or the same profession (position) for additional pay (Article 151 of the Labor Code).
2. Additional work in the same profession can be carried out by expanding service areas and increasing the volume of work. Additional work in another profession can be carried out by combining professions.
3. It is advisable to formalize the combination of professions (positions) in the form of an agreement, which is an annex to the employment contract. The following conditions must be included in this agreement: labor function (position, profession, specialty, qualification, specific type of assigned work that the employee will perform), term of combination.
4. The parties to an employment contract have the right to unilaterally or by agreement of the parties terminate the combination.
5. The amount of additional payment for combining professions (positions) is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 151 of the Labor Code).
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 (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.
Commentary on Article 60.2 of the Labor Code of the Russian Federation
1. In contrast to part-time work (see Article 60.1 of the Labor Code and the commentary thereto), the combination of professions (positions) takes place within the framework of one employment contract, and work in the combined profession (position) is carried out within the limits and working hours established by the employment contract . The condition of performing work in two or more professions, specialties or positions is determined by the parties when concluding an employment contract as a condition of the labor function assigned to the employee, or subsequently.
By virtue of Art. 57 of the Labor Code, the condition for expanding the labor function by combining professions (positions) can be determined by an annex to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract. When the parties agree on the conditions for combining professions (positions) and fixing it in the established form, the parties can establish the period of such combination and the procedure for performing work in the combined profession (specialty) or position.
2. In your own way legal regime The condition of combining professions (positions) is accompanied by a condition of expanding the service area or increasing the volume of work performed. This condition is established after the parties agree on the terms of the employee’s labor function and can be permanent or temporary (in particular, in the form of assigning the duties of a temporarily absent employee without release from the main job specified in the employment contract).
3. Despite the fact that the condition of combining professions (positions) or expanding the service area or increasing the volume of work performed is a condition that forms the content of the employment contract as an agreement of the parties, the legislator assumes the possibility of unilateral refusal of this condition. Such refusal is carried out in writing by warning the interested party to the opposing party no later than three working days. An employee may express his refusal to combine professions (positions) or expand the service area or the scope of work performed in the form of an appropriate written statement, the employer - by issuing an order (instruction).
Another commentary on Article 60.2 of the Labor Code of the Russian Federation
The article under comment describes for the first time in the Labor Code the concept of additional work, which should be understood as a combination of professions (positions); expansion of service areas, increase in the volume of work; performance of duties of a temporarily absent employee without release from work specified in the employment contract.
Additional work is entrusted by the employer and can only be done with the written consent of the employee. Additional work can be assigned by the employer either in another or in the same profession (position) for an additional fee (see Article 151 of the Labor Code and commentary thereto).
Unlike part-time work, additional work is carried out during the main work time within the framework of an existing employment contract.
The combination of professions (positions) should be understood as the performance by an employee, along with his main work stipulated by the employment contract, of additional work in another profession (position). Performing such work is possible due to the intensity (condensation of work) during the working day. As a rule, options for possible combination of professions (positions) are fixed in a collective agreement or other local act.
The current legislation in some cases provides for the retention of a temporarily absent employee’s place of work and position, for example, in the event of his illness, being on vacation, etc. Assigning an employee, without releasing him from his main job, to perform the duties of an absent employee is the performance of the duties of a temporarily absent employee. It should be borne in mind that such performance of duties can be either in a different or in the same profession (position), since the employee is not released from his main job during the performance of duties, he performs the duties of a temporarily absent employee within the established working hours by condensing their work.
In each specific case, the employer issues an order to assign the employee other additional work. The order specifies the period during which the employee will perform additional work, the content of this work, as well as the volume of additional work performed. However, it should be borne in mind that such an order will be legal if the employee gives written consent to perform additional work.
The amount of additional payments is also indicated in the order and is established by agreement of the parties, taking into account the content and (or) volume of additional work (see Article 151 of the Labor Code and commentary thereto).
Since the performance of additional work is established by agreement of the parties, the employee may refuse such work ahead of schedule, and the employer may cancel his assignment to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.
The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of labor organization differ? What features need to be taken into account when hiring a part-time worker? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.
Part-time and combination - absolutely different shapes labor organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the labor of part-time workers and those who master other positions and professions, let’s briefly understand the terminology.
If an employee, in his free time from his main job, performs other regular paid work under the terms of an employment contract, this is part-time work (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only for your employer, but also for another organization (for another entrepreneur or an individual who is not an entrepreneur).
When combining professions (positions), work is carried out “during the established duration of the working day (shift)” and always with the same employer (Article 60.2 of the Labor Code of the Russian Federation).
Now that the main differences between part-time and combination jobs have been defined, we can move on to the details.
Part-time job
So, there are several factors that determine part-time work: the employee has a main place of work, performs labor functions ( job responsibilities) in his free time from his main job, does this regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.
As follows from Article 60.1 of the Labor Code of the Russian Federation, part-time work can be external and internal.
External part-time job- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization or an entrepreneur without education legal entity, and the employer - individual who is not an entrepreneur.
Internal part-time job- performing other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work, indicating the position, profession, specialty as a part-time worker.
Who cannot be a part-time worker
The Labor Code prohibits certain categories of citizens from working part-time. Firstly, these are persons under 18 years of age. And secondly, employees whose main work involves hard work, harmful and (or) dangerous conditions labor. These employees cannot work part-time if it involves the same working conditions.
In addition, some restrictions on part-time work have also been established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization can work part-time for another employer only with permission authorized body a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner.”
In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit the combination of individual employees. This is, in particular, federal laws about state and municipal unitary enterprises, bodies of the judicial community, advocacy and advocacy, magistrates. The list of such acts also includes resolutions of the Government of the Russian Federation (for example, a resolution regulating the procedure and conditions of part-time service (work) in the system of the Ministry of Internal Affairs of Russia).
The ban on part-time work is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition to this, can only engage in teaching, scientific or other creative activities. The conditions for part-time work for teaching, medical, pharmaceutical and cultural workers are also special and are regulated by the Labor Code and other laws and regulations. For example, by the eponymous resolutions of the Government of the Russian Federation dated April 4, 2003 No. 197 and the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.”
We conclude an employment contract with a part-time worker and register him for work
The procedure for hiring an employee on a part-time basis is the same as when hiring him for his main job. An employment contract with a part-time worker is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other with the employee’s mark “Received the second copy of the employment contract” is kept by the employer.
|
NOTE |
|
|
It is necessary to stipulate in the employment contract that the work will be performed on a part-time basis (paragraph 4 of Article 282 of the Labor Code of the Russian Federation). For example, the corresponding provision may look like this: “The employee is hired by the Employer on a part-time basis.”
A typical mistake made by employers: with an employee who is hired as internal part-time worker , a new employment contract is not concluded. In this case, the salary is calculated simultaneously for both the main job and the job performed part-time.
However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, this employee will appear twice in the timesheet: as the main employee and as a part-time employee.
The list of required documents when hiring on a part-time basis is given in Article 283 of the Labor Code. This:
Passport or other identification document;
Diploma or other educational document, vocational training if the work to be done requires special knowledge (or duly certified copies of such documents);
Certificate about the nature and working conditions at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.
However, the listed documents may not be required from the internal part-time worker, since copies of all necessary documents such an employee has already presented.
Working hours
The legislation, as before, limits the maximum working hours of part-time workers, but does not indicate the minimum duration.
“The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly working time standard (working time standard for another accounting period) established for the corresponding category of workers” (Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the standard working time is 40 hours, then the duration of a part-time worker’s working time cannot exceed 20 hours.
|
ADVICE |
|
|
note: restrictions on working hours when working part-time do not apply in two cases.
First case. The employee suspended work at his main place of work due to the employer’s violation of the deadlines for paying wages (Part 2 of Article 142 of the Labor Code of the Russian Federation).
Second case. The employee is suspended from his main job in accordance with a medical report, and it is impossible to transfer him to another job (Parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation).
Considering that the regime of working hours and rest time (it is usually individual for part-time workers) is a mandatory condition for inclusion in the employment contract, it must be specified in the employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:
“The employee is given a five-day work week lasting 20 (twenty) hours: Monday to Friday from 17.00 to 21.00.
Days off for the Employee are Saturday and Sunday.”
“The employee is assigned a 12-hour workweek. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.”
Salary
The work of part-time workers is paid “in proportion to the time worked, depending on output or on other conditions determined by the employment contract. This is indicated in Article 285 of the Labor Code of the Russian Federation.
When standard assignments are established for persons working part-time with time-based wages, wages are paid based on the final results for the actual amount of work performed.” At the same time, part-time workers must be paid all the necessary regional coefficients and bonuses, where they are established.
|
NOTE |
|
|
As you can see, the legislation provides for several calculation options wages. The most important thing when choosing a remuneration system for a part-time worker is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: “the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and maximum size is not limited." When setting wages, any kind of discrimination is prohibited.
A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked standard working hours during this period and fulfilled labor standards (labor duties) cannot be lower minimum size wages." But the remuneration of part-time workers can be calculated in proportion to the time worked or in proportion to production and, thus, be less than the minimum wage.
Vacation
The procedure for granting leave to part-time workers is clearly stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for their main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is provided in advance.”
Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for an employee after six months of continuous work with a given employer” does not apply to part-time workers. To an external part-time worker who wishes to receive another vacation Simultaneously with the leave from the main place of work, it is recommended to take the appropriate certificate from the main place of work and present it to the employer for whom the part-time job is performed.
The duration of vacation for part-time workers, as well as for main employees, cannot be less than 28 calendar days(Article 115 of the Labor Code of the Russian Federation). If the duration of leave for a part-time worker at his main job is longer than for a part-time job, the employer is obliged, at the request of the part-time worker, to provide him with leave without pay for the corresponding duration. Calculation of the average salary for vacation pay and compensation for unused vacations produced according to general rules. This is stated in Article 139 of the Labor Code.
What to do if a part-time worker, having used his vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee’s salary for unworked vacation days.
Guarantees and compensation
Employees working on a part-time basis are provided with guarantees and compensation provided for by law, local regulations, and agreements in full. An exception is the list of guarantees and compensations for “persons combining work with study, working in the Far North and equivalent areas.” In these cases, guarantees and compensation are provided to employees only at their main place of work (Article 287 of the Labor Code of the Russian Federation).
Another exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of the organization or termination of activities individual entrepreneur(Clause 1, Article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (Clause 2, Article 81). Such an employee is paid only severance pay in the amount of average monthly earnings based on Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at his main place of work, he does not retain the average monthly salary for the period of employment.
Dismissal
An employment contract with a part-time worker, in accordance with Article 288 of the Labor Code, can be terminated on general grounds. Let us remind you that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for termination of an employment contract: “an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one.”
note : we're talking about about a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.
As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to warn a part-time worker about this in writing. Moreover, this must be done at least two weeks before the specified event.
In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to make a full settlement with him.
And one moment. According to Article 66 of the Labor Code of the Russian Federation, “at the employee’s request, information about part-time work is entered into work book at the place of main work on the basis of a document confirming part-time work.”
|
LLC "Cascade" represented by general director Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the Employer, and citizen Russian Federation Limonova Maria Grigorievna, hereinafter referred to as the Employee, entered into an additional agreement as follows: “The employee is entrusted, in order to combine positions, with performing the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month.” 2. This additional agreement is an integral part of the employment contract and comes into force on October 10, 2006. Addresses and signatures of the parties... |
Combination of professions (positions)
When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional pay (Article 60.2 of the Labor Code of the Russian Federation). Let's look into the nuances.
Under combination of professions refers to the performance by an employee, along with the work specified in the employment contract, of additional work in another profession. Combination of positions- this is the performance by an employee of additional work in another position. The concept of “combining professions” applies to workers, and the concept of “combining positions” applies to employees and specialists.
The combination also includes expanding service areas, increasing the volume of work. In this case, the employee, along with the work specified in the employment contract, performs an additional amount of work in the same profession or position.
And finally, another type of combination is the performance of the duties of a temporarily absent employee without release from work specified in the employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or other reasons) and who, in accordance with current legislation, is retained workplace(job title).
The period during which the employee will perform additional work is established by the employer with the written consent of the employee. This is stated in Article 60.2 of the Labor Code of the Russian Federation. The amount of payment for combined work is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.
All types of combining professions (positions) can be assigned only with the written consent of the employee. The combination is formalized as follows. Due to the fact that the conditions on the “labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee)” are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.
Based on the concluded additional agreement, it is necessary to issue an order on combining positions, for example, with the following text:
“Maria Grigorievna Limonova, secretary-assistant, shall be entrusted, in order to combine positions, with performing the duties of an office manager from October 10, 2006, with an additional payment for combining positions in the amount of 5,000 rubles per month.”
note: when registering a combination, you do not need to enter into a new employment contract, nor do you need to make entries in the work book.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party in writing no later than three working days in advance (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement to the employment contract is also concluded, and on its basis an order is issued to cancel the combination.
- Personnel records management and Labor law
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 (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.
Commentary on Article 60.2 of the Labor Code of the Russian Federation
Combination of professions (positions) is the performance by an employee in the same organization, along with his main job stipulated by the employment contract, of additional work in another or the same profession (position). Such work is performed for an additional fee (see Article 151 of the Labor Code and the commentary thereto).
§ 2. The legislator provides that additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions).
§ 3. The performance by an employee, along with his main job, of an additional amount of work in the same profession (position) is considered as an expansion of service areas or an increase in the volume of work performed.
§ 4. The commented article allows the performance of the duties of a temporarily absent employee without release from the main job, when the employee may be assigned additional work in either another or the same profession (position). For example, due to illness, vacation, business trip and other reasons, when a place (position) is reserved for him.
§ 5. The period during which the employee will perform additional work, the content, and volume of work can be established by the employer with the written consent of the employee. This is formalized by order (instruction) of the employer.
§ 6. In accordance with Part 4 of Art. 60.2, 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 employer must notify the employee in writing no later than three working days in advance.
Another comment on Article 60.2 of the Labor Code of the Russian Federation
1. In contrast to part-time work (see Article 60.1 of the Labor Code and the commentary thereto), the combination of professions (positions) takes place within the framework of one employment contract, and work in the combined profession (position) is carried out within the limits and working hours established by the employment contract . The condition of performing work in two or more professions, specialties or positions is determined by the parties when concluding an employment contract as a condition of the labor function assigned to the employee, or subsequently.
By virtue of Art. 57 of the Labor Code, the condition for expanding the labor function by combining professions (positions) can be determined by an annex to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract. When the parties agree on the conditions for combining professions (positions) and fixing it in the established form, the parties can establish the period of such combination and the procedure for performing work in the combined profession (specialty) or position.
2. According to its legal regime, the condition of combining professions (positions) is accompanied by a condition of expanding the service area or increasing the volume of work performed. This condition is established after the parties agree on the terms of the employee’s labor function and can be permanent or temporary (in particular, in the form of assigning the duties of a temporarily absent employee without release from the main job specified in the employment contract).
3. Despite the fact that the condition of combining professions (positions) or expanding the service area or increasing the volume of work performed is a condition that forms the content of the employment contract as an agreement of the parties, the legislator assumes the possibility of unilateral refusal of this condition. Such refusal is carried out in writing by warning the interested party to the opposing party no later than three working days. An employee may express his refusal to combine professions (positions) or expand the service area or the scope of work performed in the form of a corresponding written statement, the employer - by issuing an order (instruction).