home Audience 2 Labor Code of the Russian Federation Art. 60.2. Part-time work and combination in the new edition of the Labor Code of the Russian Federation

Labor Code of the Russian Federation Art. 60.2. Part-time work and combination in the new edition of the Labor Code of the Russian Federation

New edition of Art. 60.2 Labor Code of the Russian Federation

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

Article 60.2 of the Labor Code of the Russian Federation defines the procedure for combining professions (positions). The same article contains provisions on the possibility of expanding service areas, increasing the amount of work entrusted to a part-time employee, as well as on the performance by a part-time employee of the duties of a temporarily absent employee.

Another comment on Art. 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 of the Russian Federation and commentary to it; articles of Chapter 44 of the Labor Code of the Russian Federation and commentary to them; Article 276 of the Labor Code of the Russian Federation and commentary to it), the combination of professions (positions) takes place within one employment contract, and work in a 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 of the Russian Federation, 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 and positions and recording 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).

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.

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. 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).

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

What does it mean

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

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

In law

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

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

Art. 151 talks about payment for combination;

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

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

Other cases

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

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

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

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

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

How is the calculation made?

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

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

In the form of a certain amount of money;

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

From the quantity of manufactured products.

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

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

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

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

Decor

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

To the head of ________________ (company name)

from a subordinate ___________________ (personal data)

holding the position __________________ (specify)

Statement

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

Date ______________

Employee signature ____________________

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

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

Date ______ City __________

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

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

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

Signatures of the parties:

Worker ________________

Head of the enterprise _______________

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

The following actions

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

Date ________ city _______________

"On combining professions"

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

I order:

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

I reserve control over the implementation of this order.

Head of the enterprise ______________ (signature and transcript)

Employee _____________ (personal signature).

Important

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

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

What is the difference

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

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

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

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

general characteristics

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

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

What is it for?

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

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

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

In what cases can you stay without additional payment?

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

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

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

This document must contain:

Date of conclusion;

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

Additional payment for combination;

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

Period

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

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

Practice

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

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

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

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

Need to remember

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

Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract. With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (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.

Legal advice under Art. 60.2 Labor Code of the Russian Federation

Stepan Perevalov

Good afternoon, we have such a situation, they want to transfer an employee to another area of work for 7 days, but in the team there is a dispute about who to send there and everyone says THE ONE WHO GOT A JOB LAST and the management agrees with this, what to do

Nikolay Rabotin

Good afternoon For working on incoming workdays, I am not paid any additional payment for expanding the service area, only the salary portion. Is it correct?

Question answered over the phone

Grigory Polukhtov

I teach at school for 44 hours, there is no additional payment for overtime, there is no expansion of service areas either, they explain this by the fact that I teach one subject 44 hours a week. What should I do? It turns out that more than 180 hours were worked per month, but the calculation says 168 and that’s it, the accounting department explains this in such a way that the program itself enters the hours. It turns out that I am only paid a bare salary for 44 hours, there are no additional payments

Question answered over the phone

Alexander Nosakin

Hello. I have been working as a janitor for 9 years under a contract with an expanded service area, cleaning local areas. 1_question: Do I have the right to refuse the expanded service area? and 2nd question: Is it legal for management to not increase the minimum wage when it increases?

Question answered over the phone

Alena Zhukova

How to receive additional payment for expanding the range of responsibilities? Hello! The fact is that I have been working at the company as an assistant foreman (in fact, assistant director) for 9 months. TD is standard, but DI is not. I carry out a certain list of responsibilities. Now the director has decided by order to assign additional functions to me for contract work, which was previously performed by another employee registered under a GPC contract, since his position is not provided for in the ShR. Actually, I’m not against it, but for an additional payment, which the director is not going to pay, citing the fact that the work is not very labor-intensive. Please tell me what sanctions can be lawfully applied to me if I refuse to carry out an order that I myself must write? Is this order an order for the main activity? In my opinion, the labor function is changing, and this is personnel... Thank you!

Lawyer's answer:
and you do not sign the order if nothing is written there about additional payment, Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without exemption from the work specified in the employment contract (introduced by Federal Law of June 30, 2006 N 90-FZ) With the written consent of the employee, he may be entrusted with performing the work during the established duration of the working day (shift) along with the work specified in the labor contract 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 another 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. http://www.consultant.ru/popular/tkrf/14_14.html#p1057 © ConsultantPlus, 1992-2013 Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract (as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent person an employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code). http://www.consultant.ru/popular/tkrf/14_28.html#p2905 © ConsultantPlus, 1992-2013

Georgy Katerinochkin

I am not paid for combining my profession. I am an electric and gas welder doing the work of a mechanic. What can I do.. I am an electric and gas welder doing the work of a mechanic. What can I do.

Lawyer's answer:
Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract. With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (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 another 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. By virtue of the provisions of Article 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by the employment contract. . in accordance with the provisions of Article 352 of the Labor Code of the Russian Federation: everyone has the right to protect their rights by all means not prohibited by law; The main ways to protect labor rights are: self-defense of labor rights by employees; protection of labor rights of workers by trade unions; state supervision of compliance with labor legislation; legal protection...

Antonina Andreeva

does the employer have the right? forced to perform unpaid work, for example forced to clear snow, even though you are not a janitor but a nurse

Lawyer's answer:
The combination of professions (positions) must be formalized. There are conflicting points of view regarding the combination. After analyzing labor law norms, I personally changed my mind and believe that additional payment for combination jobs is mandatory. But there is a different opinion, that if in additional. the agreement does not provide for additional payment, then you don’t have to pay and there is no violation. I believe that the second opinion is not justified. Article 151 of the Labor Code of the Russian Federation determines that when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payments for combining professions (positions) or performing the duties of a temporarily absent employee is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2. Labor Code of the Russian Federation). In accordance with the provisions of Art. 60.2. According to the Labor Code of the Russian Federation, only with the written consent of the employee can he 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. The period during which the employee will perform additional work, its content and volume are established by the employer, also 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. Since the content and (or) volume of additional work cannot in all cases be calculated and established in advance, the amount of additional payment is determined in each specific case when an employee is assigned to perform additional work (this has appropriate regulatory support - in accordance with Part 3 of Article 60.2 of the Labor Code of the Russian Federation 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). Based on Art. 4 of the Labor Code of the Russian Federation, forced labor (which includes, in particular, payment of wages not in full) is prohibited. Administrative liability for violation of labor legislation is provided for in Art. 5.27. Code of Administrative Offenses of the Russian Federation. In particular: violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 1 thousand. up to 5 thousand rubles ; for legal entities - from 30 thousand to 50 thousand rubles. or administrative suspension of activities for up to 90 days; violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.

Victor Kaidanov

An employee is on vacation for a month, his work is being performed by another employee. How is payment made in this case? Should an employer pay an employee for the work he does in place of an employee who went on vacation? If yes, then how is this regulated (Labor Code or other documents)

Lawyer's answer:
Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without exemption from the work specified in the employment contract (introduced by Federal Law of June 30, 2006 N 90-FZ) With the written consent of the employee, he may be entrusted with performing the work during the established duration of the working day (shift) along with the work specified in the labor contract 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 another 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.

Ilya Kremnev

An order is needed to combine the employee's positions. But at the same time, the additional work should not be paid.

Lawyer's answer:
Additional work MUST be paid. When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. As you can see, there are no options.

Bogdan Rokhmanov

Should they pay extra for an undeserving employee? Please tell me, should the employer pay extra, if not full staff? Another month we work together, instead of 3, and we are told about interchangeability, they say we should replace each other until there is a 3rd one.

Lawyer's answer:
Dear Ilya! There is such a good one: “Payment for combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from the work specified in the employment contract.” So, you can demand additional payment from your employer in accordance with this article.

Nikolay Taganov

How to make salary compensation for a temporarily replaced position? the boss is going on vacation, and the chief engineer will replace him and it is necessary to ch. the engineer is compensated for the difference between his salary and the boss’s salary

Lawyer's answer:
Article 151 of the Labor Code of the Russian Federation establishes that when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. According to para. 2 clause 1 of the explanation of the State Labor Committee of the USSR No. 30, All-Union Central Council of Trade Unions No. 39 of December 29, 1965 “On the procedure for paying temporary substitution” when replacing a higher-ranking employee, the deputy is paid the difference between his actual salary (official, personal) and the official salary of the replaced employee (without personal allowances). Temporary substitutes are awarded bonuses according to the conditions and amounts established by the position of the employee they replace. For the difference in salaries, a bonus is calculated in the same manner as for an additional payment for combining positions (paragraph 5, clause 1 of the clarifications). Moreover, according to the Determination of the Cassation Board of the Armed Forces of the Russian Federation dated March 11, 2003 N KAS03-25, additional payment must be made regardless of the position held by the employee temporarily acting as the absent head of the organization. The employee can also fulfill the duties of a temporarily absent manager in accordance with Art. 72.2 of the Labor Code of the Russian Federation, that is, by way of temporary transfer. The amount of additional payment (wages) will depend on the choice of one or another method of fulfilling the duties of a temporarily absent manager. When determining the amount of additional payment for the performance of duties, it is necessary to take into account that they depend on the conditions under which the replacement is carried out. If an employee performs the duties of a temporarily absent employee without being released from his main job, then in accordance with Art. 151 of the Labor Code of the Russian Federation, additional payment to him is made in the amount established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. If the duties of a temporarily absent employee are performed under the terms of a transfer, then the work of the specified employee is paid for the work performed, but not lower than the average earnings for the previous job (Part 4 of Article 72.2 of the Labor Code of the Russian Federation). Thus, when performing the duties of the head of the organization, the replacement employee must be paid the difference between his actual salary and the official salary of the head of the organization. The specific amounts of additional payments (wages) are determined in the relevant order on the assignment of temporary performance of duties to the head of the organization or on temporary transfer to the position of the head of the organization.

Yulia Mironova

When replacing an employee, if his child is sick, the person who replaces him should receive compensation for his replacement? At work, the second employee’s child fell ill, she is on sick leave, and she has to work for two. I am entitled to payment for the combination or not. workload for two, salary for one

Lawyer's answer:
The Labor Code contains Article 151 “Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract.” In accordance with which the employee is given additional payment for additional work.

Yaroslav Voznesensky

They are forced to work 12 hours a day by the LLC company. (See ext.) what to do?. I work in a warehouse. in storekeepers. I am training technologists. Then the mentor fell ill and during his illness the warehouse manager was in charge of the mentor’s work. Who would have thought that he would get sick for a hundred days or 14. The material is very expensive and his mentor does not trust anyone except the warehouse manager, where the amounts range from 80,000 thousand and above. And the boss has a lot of work to do in another warehouse, his phone rings every 3 minutes.. I was working on the mentor’s material when I started. the warehouse was on vacation, . (since I have been working at the company for about a year) his deputy checked the correctness. Accordingly, I signed the documents. Now, while the mentor is sick, he is working on expensive materials, as I already wrote to the warehouse manager. But then the head of the warehouse says to me: “He’s tired of this bullshit and he’ll raise the question of involving me in this work. Well, I’ll have to ship the technologists, (if I don’t deliver something, their production will be disrupted), And if I ship it incorrectly mentor's material, then I'll get the money. In short, double work. The boss used to collect the material on the road, put it in the freezer, the driver will come, take it to the office, carry the invoice for the release of goods and who signs? Of course I and there the amount is 45,000 rubles and I don’t know if it’s correct typed or not. My signature means that I typed. And they also tell me that I don’t do this. What should I do? I can’t come because of double work at 7 am and leave at 21 pm. I asked my boss and whoever before me dealt with the mentor’s material, he NO to me, because everyone was on the fence, but they want to push me into it.

Lawyer's answer:
by virtue of the provisions of Art. 4, 60, 151 Labor Code of the Russian Federation: forced labor is prohibited; It is prohibited to require an employee to perform work not stipulated by the employment contract; when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid an additional payment, the amount of which is established by agreement of the parties.

Raisa Popova

Is the type 8 SKOU teacher paid extra for increasing the group size to 12 people? for a sick teacher?

Lawyer's answer:
Article 151. Remuneration when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract When combining professions (positions), expanding service areas, increasing the volume of work or performing duties for a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code).

Zoya Anisimova

What is included in the certificate of average earnings, what is not included?

Lawyer's answer:
includes: a) wages accrued to employees at tariff rates (official salaries) for hours worked; b) wages accrued to employees for work performed at piece rates; c) wages accrued to employees for work performed as a percentage of revenue from sales of products (performance of work, provision of services), or commission; d) wages paid in non-monetary form; e) monetary remuneration accrued for time worked to persons holding government positions; f) fees accrued in editorial offices of mass media and art organizations for employees on the payroll of these editorial offices and organizations, and (or) payment for their labor, carried out at the rates (rates) of author's (production) remuneration; g) wages accrued to teachers of primary and secondary vocational education institutions for hours of teaching work in excess of the reduced annual teaching load (counted in the amount of one tenth for each month of the billing period, regardless of the time of accrual); h) the difference in the official salaries of employees who transferred to a lower-paid job (position) while maintaining the amount of the official salary at the previous place of work (position); i) wages, finally calculated at the end of the calendar year, determined by the remuneration system (taken into account in the amount of one twelfth for each month of the billing period, regardless of the time of accrual); j) allowances and additional payments to tariff rates (official salaries) for professional excellence, class, qualification category (class rank, diplomatic rank), length of service (work experience), special conditions of civil service, academic degree, academic title, knowledge of a foreign language, working with information constituting state secrets, combining professions (positions), expanding service areas, increasing the volume of work performed, performing the duties of a temporarily absent employee without release from his main job, leading a team; k) payments related to working conditions, including payments determined by regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for hard work, work with harmful and (or) dangerous and other special conditions labor, for night work, payment for work on weekends and non-working holidays, payment for overtime work; l) bonuses and remunerations, including remuneration based on the results of work for the year and one-time remuneration for length of service; m) other types of payments in accordance with the existing remuneration systems in the organization. no: a) the employee retained his average earnings in accordance with the legislation of the Russian Federation; b) the employee received temporary disability benefits or maternity benefits; c) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and employee; d) the employee did not participate in the strike, but due to this strike he was not able to perform his work; e) the employee was provided with additional paid days off to care for disabled children and people with disabilities since childhood; f) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation; g) the employee was provided with days of rest (time off) in connection with work beyond the normal working hours under the rotation method of organizing work and in other cases in accordance with the legislation of the Russian Federation.

Andrey Rostopchin

They appointed an acting... I work as the chief specialist of the department. The head of the department is currently on annual leave. I was officially appointed... O. boss And now it turns out that there is no additional payment, but there is three times more work. Is this legal?

Lawyer's answer:
Illegal. In accordance with Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee is MADE AN ADDITIONAL PAYMENT. As you can see, there are no other options

Bogdan Baskin

Answer please!. Our company is quietly falling apart, the entire office is being transferred to Bryansk, half of the department was laid off this week, and now the boss has announced that some employees must perform the duties of the people who were laid off. The functions of the departments are different, and today I have to go to training Regarding payment, the boss announced the following: that the company management would not agree with our proposal to pay extra. This functionality is added to our department by the decision of the company president. Is this legal? Can I refuse?

Lawyer's answer:
Article 151 of the Labor Code of the Russian Federation clearly provides for payment. When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code). So, as you can see, it is illegal not to pay for additional work. Your consent to combine positions is required (personal statement), an additional agreement to the employment contract is also required, a signature in the job description for new responsibilities is also required. Everything that is done in your company is contrary to the law. You may find yourself, but here are the consequences....

Egor Petunin

about the labor code. Good day. Help me with my question regarding the labor code. I have been the chief of the fire brigade in the military unit for three years. And without my consent, I was given another position as a non-staff fire chief for the entire garrison; no money was paid for this, but the work increased. Do my superiors have the right to place me in a position without my consent? Thanks in advance!

Lawyer's answer:
Are you a civilian? Then you must have a change in the Employment Contract by means of an additional agreement. “Freelance” - is it voluntary and free?)) Your consent is MANDATORY! You are seeing an expansion in the range of your responsibilities. And the following article of the Labor Code of the Russian Federation applies to you. Read carefully and let your superiors read: Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from the work specified in the employment contract [Labor Code of the Russian Federation] [Chapter 10] [Article 60.2] 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 determined by the labor contract 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 another 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.

Mikhail Silin

Part-time work .. I replace a girl during a session, people are a little surprised to see me in the secretary’s place) How do you feel about such things - working in the main position and part-time in the same organization? Who worked and how were they paid?

Lawyer's answer:
Labor Code of the Russian Federation. Article 151. Remuneration

Kristina Sergeeva

Payment for filling a position. I work as a storekeeper. The warehouse manager is going on vacation. I have been entrusted with her duties by order. with an additional payment of 50% of my salary. Please answer, according to the Labor Code, 50% of whose salary should I be paid? From mine or from the warehouse?

Lawyer's answer:
Article 151 of the Labor Code of the Russian Federation When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. Important!!! !The amount of additional payment is established BY AGREEMENT of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code).

Irina Andreeva

Are the manager's actions legal? I work hard. contract as a car driver in a road organization, for the period of the summer construction season, at my request, I am transferred as a road roller driver, with the issuance of an order for the transfer. This has been the case for many years. Now the new director proposes to conclude an additional agreement to the labor. an agreement on combining the profession of a roller operator and an asphalt operator without any additional payment and without a transfer order. I am not yet eager to take on additional responsibilities. Please advise what I should do in this situation.

Lawyer's answer:
Yes, in Art. 60.2 of the Labor Code of the Russian Federation states: “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. 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, notifying the other party in writing no later than three working days in advance. Art. 150 of the Labor Code of the Russian Federation says that “when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.” Of course, the position indicated in the question is beneficial only to the director. Therefore, first of all, you need to immediately talk with management and explain your point of view on this issue. Any relationship between an organization and an employee is a matter of contract that must satisfy both parties. If the volume of work has increased, but the salary has not, this is a subject for negotiation. Of course, the director may not accept the employee’s conditions, but you have exactly the same right. In any case, working “for free” is wrong, even illegal.

Alena Mironova

How long can you be an IO? An employee of our Cellular Company (office administrator) went on maternity leave, and they put me in her place (I did not sign any additional agreements). They promised that I would stay as an IR for 3 months (the salary calculation was different), and then I would be transferred to the position of Administrator (with a good salary). As a result, after 4 months, MNCs say: “The admin is on maternity leave, she retains her job for the entire time.” Accordingly, the HR department does not want to transfer me, although I do the work of an administrator every day. Is this legal and what should I do? Help me please.

Lawyer's answer:
Dear Evgeniy! The Labor Code has a wonderful article - 151 “Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract.” So set a condition before the employer that you will do additional work for additional payment. And there is no need to transfer, because you can be left without your rightful place.

Lyudmila Dorofeeva

Question. What is the difference between filling positions and combining positions?

Lawyer's answer:
Replacement of positions. The Labor Code of the Russian Federation uses the concept of “filling positions” in relation to the conclusion of an employment contract when elected by competition (Articles 16, 18 of the Labor Code of the Russian Federation). However, in practice, “filling a position” often means fulfilling the duties of a temporarily absent employee. In this case, the use of this term is not correct, since the Labor Code of the Russian Federation operates in relation to such relationships with the term “transfer to another job” (Article 72.1 of the Labor Code of the Russian Federation). As a general rule, transfer to another job is made on the basis of an agreement between the employee and the employer in writing. The Labor Code of the Russian Federation contains only two grounds when a transfer is possible without the employee’s consent: - for a period of up to one month in any exceptional cases that threaten the life or normal living conditions of the entire population or part of it; - in cases where it is necessary to prevent destruction or damage to property or to replace a temporarily absent employee. In practice, the need for a temporary transfer to another job occurs quite often (for example, when an employee is on vacation, another employee performs the duties of the absentee). I believe it would be useful for optimizing and building internal processes to pay attention to this form of transfer to another job in local regulations. It is advisable, in my opinion, to describe the procedure for replacing absent employees. There are two cases when such a replacement is necessary: - if the head of a structural unit goes on vacation or is absent for other reasons (business trip, illness); - in the absence of an ordinary employee for any reason. When describing the rules of action in this case, one should rely on the organizational structure and staffing. To replace the head of a structural unit, it may be advisable to introduce the position of deputy head, or indicate that the head of the structural unit independently appoints a responsible person. In the absence of an employee, making a decision about the responsible employee falls within the competence of the head of the structural unit. The documentation of these processes can be arranged as follows: - the replacement of the head of a structural unit is formalized by order of the head of the organization; - the authority to issue a written order to replace an employee can be delegated to the level of the head of a structural unit. ....COMBINING positions: Article 60. 2 Labor Code of the Russian Federation. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without exemption from the work specified in the employment contract (introduced by Federal Law of June 30, 2006 N 90-FZ) With the written consent of the employee, he may be entrusted with performing the work during the established duration of the working day (shift) along with the work specified in the labor contract 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 another 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.

Roman Agin

Can an employer force you to work two jobs, combining them, and at the same time pay only for. I work as a watchman. At work, in addition to guarding the facility (farm), I perform the duties of a cattleman, plus I look after the cattle that are in the pen on the pasture.

Lawyer's answer:
If you yourself decide to combine two positions, then the employer has the right not to pay you for the second job. if this combination is carried out according to an issued order, then when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally.

Evgeniy Kastulov

Is it possible not to pay money for additional work? The head of the department went on vacation! OFFICIALLY (*there was no order to replace him) no one replaced him. But by coincidence, his work was performed by a lower-ranking employee. Let's call him deputy) Moreover, he decided to replace him at his own request, in order to receive funds. Now that the head of the department had returned from vacation, a paper was brought to the desk of the general director, who naturally came out as the boss! which says that it is necessary to pay the Nth amount to the employee for performing additional duties! The problem is that 2 people agreed to simply cut money for the amount of work! As a result, the head of the department received vacation pay in full, and his “deputy” also wants to receive some kind of “Bonus”. The employment contract does not stipulate that the employee (*Zam) can be given additional work! In the end, to pay or not to pay? If so, is it possible to reduce the amount, say from 10 to 5 thousand rubles? ? And how is this formalized by the HR department?

Lawyer's answer:
In accordance with Art. 60.2. Labor Code of the Russian Federation, 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 another 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. Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work

Mikhail Kandeev

how to defend your right not to take on additional duties. responsibilities. my boss assigns me additional responsibilities to do my job without pay for 1 month. I am writing a statement that I do not agree, but they told me that I do not have the right to refuse, because the Labor Code of the Russian Federation specifies a period of 1 month. during which I may be assigned the duties of an absent employee without pay. If so, please provide a link. and what will happen if I stubbornly refuse extras. responsibilities (I just have a lot of work).

Lawyer's answer:
I don’t see any problems at all, everything is simple and easy. Your situation is regulated by Article 60.2 of the Labor Code of the Russian Federation - “Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract.” Which begins with the words: “WITH THE WRITTEN CONSENT OF THE EMPLOYEE, he may be entrusted with……..”. And this already says it all, if there is no your written consent and not even just about payment, but in principle to perform this work, then accordingly you have no obligation to perform it, and there can also be no responsibility for not doing it. Now about how your employer is trying to clumsily legalize his foolishness, allegedly justifying his demand - the Labor Code of the Russian Federation. So he refers to the norm enshrined in Part 3 of Art. 72.2 Labor Code of the Russian Federation. In order to make it easier to read, I threw out several pieces from it and inserted an ellipsis in their place. The essence has not changed from this, the key phrase in it is CAUSED BY EXTRAORDINARY CIRCUMSTANCES SPECIFIED IN PART TWO OF THIS ARTICLE. Part 3 Art. 72.2 of the Labor Code of the Russian Federation: “TRANSFERING AN EMPLOYEE WITHOUT HIS CONSENT FOR A PERIOD OF UP TO ONE MONTH TO A WORK NOT CONDITIONED BY AN EMPLOYMENT CONTRACT FOR THE SAME EMPLOYER IS ALSO ALLOWED IN CASES OF Idle Time..., the need to prevent destruction or damage to property or to replace a temporarily absent employee, IF THE Idle Time OR NECESSARY PROPERTY ….. CAUSED BY EXTRAORDINARY CIRCUMSTANCES SPECIFIED IN PART TWO OF THIS ARTICLE. IN THIS WAY, TRANSFER TO A JOB REQUIRING LOWER QUALIFICATIONS IS ALLOWED ONLY WITH THE WRITTEN CONSENT OF THE EMPLOYEE.” Now look at what emergency circumstances are discussed in part two and ask your employer, what happened from this list that you didn’t need my consent?? ? Part 2 Art. 72.2 of the Labor Code of the Russian Federation: “In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases threatening the life or normal living conditions of the entire population or its part, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to PREVENT THE SPECIFIED CASES OR ELIMINATE THEIR CONSEQUENCES.” I hope it is now clear why his demand is not legal. Now regarding the employer’s opinion that: “I may be assigned the duties of an absent employee WITHOUT PAYMENT.” Please remind him that Art. 4 of the Labor Code of the Russian Federation - “Prohibition of forced labor”, has STILL NOT BE REMOVED from the Labor Code of the Russian Federation. And also that in addition to the Labor Code of the Russian Federation, there is also the Code of Administrative Offenses of the Russian Federation, and in it Art. 5.27, and for it administrative liability, up to disqualification from one to three years. In addition, the Labor Code of the Russian Federation has another wonderful article - 60, according to which: “It is prohibited to require an employee to perform work NOT SPECIFIED IN AN EMPLOYMENT CONTRACT, except in cases provided for by this Code and other federal laws.” So, your statement: “that I do not agree” is quite enough, you only need it on your copy. put a mark on receipt or the registration number of the incoming document. What if your employer is a “complete idiot” and decides to try his luck by punishing you. Just tell him - get me interested in “mad” money, then I’ll take this job. By the way, if this question continues, then write to me via personal mail. I’m interested to know what’s new in his labor code.

Evgeny Berezhinsky

if you went to work on a day off and then wrote an application for assignment of duties. for one day since the main employee is on sick leave, what will my payment be, double or not, and is it possible to write an application for double payment and not write an assignment of responsibilities?

Lawyer's answer:
You have two different legal situations combined: 1) performing the duties of an absent employee 2) working on a day off 1) You can formalize the performance of duties in 2 ways: part-time or part-time. In your case, the determining value will depend on whose work you did on the day off: yours and the absentee’s, or only the absentee’s. If only absent, then it must be registered as a part-time job. True, judging by the question, the employer wants to formalize this as a combination. The difference may be in wages. If with a part-time job you receive the employee’s hourly rate, then with a part-time job you receive the additional payment that you agree on with the employer. 2) As a general rule, work on a weekend is paid double. And here it all depends on how your going to work on the weekend will be formalized and whose work you did that day. Labor Code of the Russian Federation Article 151. Remuneration when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract When combining professions (positions), expanding service areas, increasing the volume work or performance of duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code). Article 153. Remuneration for work on weekends and non-working holidays Work on a weekend or non-working holiday is paid at least double: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time. Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract. At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment. Article 285. Remuneration for persons working part-time. Remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract. When setting standard assignments for persons working part-time with time-based wages, wages are paid based on the final results for the amount of work actually completed. Persons working part-time in areas where regional coefficients and wage allowances have been established are paid taking into account these coefficients and allowances.

Vasily Saikov

combination of professions. I work as a crane operator at a metallurgical plant. Due to the upcoming reduction in maintenance services (electrical and mechanical), the management is going (we don’t know exactly how) to give us (drivers) additional duties, such as electrician-preventive maintenance worker and mechanic-preventive maintenance worker. questions 1. do they have the right? 2. if there is training, what form of training (with or without interruption from the main job)? 3. if they still do additional specialties, will they pay extra for them?

Lawyer's answer:
Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from the work specified in the employment contract [Labor Code of the Russian Federation] [Chapter 10] [Article 60.2] 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 determined by the labor contract 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 another 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. Thus, the combination is with your written consent, and for an additional FEE, but, as you know, it is more expensive for you to butt heads with your superiors. It's up to you to decide whether to go into BOTYRKA.

Daniil Luknenko

Payment of the acting director. if this is acting assigned to an employee who works part-time at 0.5 rates. How should payment generally proceed in such a situation, since the employee performed his duties in full.

Lawyer's answer:
Article 60.2 of the Labor Code of the Russian Federation. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract. With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (Article 151 of this Code). 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. Everything is established by the contract (by order signed by the employee)

Alexandra Guseva

How should part-time work be paid for a person who has gone on vacation?

Lawyer's answer:
Sveta! This is not a part-time job, but the performance of the duties of a temporarily absent employee without release from work. Labor Code of the Russian Federation. Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract. When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code). Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract. 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 another 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.

Mikhail Poromov

Should replacement of an employee during vacation be paid? I just recently got a job and am on a probationary period. Today the head of my department (I am a leading economist) came up to me and said - Sveta, the Chairman of the Board asked me to tell you that you will be replacing the secretary during her vacation... When I started asking about payment for this replacement, all the employees told me, that they do not pay for this, they say they will assign all the work to me, but only the registration of letters mainly. Any comments on this? What is your opinion on this issue?

Lawyer's answer:
Article 60.2 of the Labor Code of the Russian Federation. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract: “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 ( positions) for additional pay (Article 151 of this Code)... ". Remuneration when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract: “When combining professions (positions), expanding service areas, increasing the volume of work or performing duties temporarily for an absent employee without release from work specified in the employment contract, the employee is given an additional payment. The amount of the additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code)... "

Georgy Loshkarev

Please tell me!. I have this situation, my employer fired my boss three months ago and I am now fulfilling his duties. But this had no effect on the official promotion or salary. Having approached the employer with this question, they politely sent me away. Tell me, if there are any laws that confirm my right to a salary increase?

Lawyer's answer:
Gennady, in your case, when talking with your employer, you must refer to Art. 151 of the Labor Code: Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract. When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work "(Article 60.2" of this Code). If the employer refuses to discuss the issue of additional payment, you have the right to appeal to the state labor inspectorate in the North-Western Administrative District (NWAD) or to court. However, you can address both here and there at the same time.

Alena Frolova

Allowance for expanding responsibilities. A colleague quit, they don’t want to hire a new employee in her place, but all her responsibilities were transferred to me, i.e. So now I work for two people like a draft horse! They don't want to pay extra. On what basis can I demand an increase/surcharge?

Lawyer's answer:
Labor Code of the Russian Federation Article 151. Remuneration when combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code). Additional payment can be made up to 50% of your salary, but this is at the discretion of the manager and with your consent. You can cancel at any time.

Vasily Trifin

Replacement work. Hello! How can you convince the director? I work as a physics teacher. The school has staffing problems, in particular there is no computer science teacher. They offered to work as a computer science teacher while working as a physics teacher. But work not officially, without an employment contract, i.e. payment will be made as per replacement. But the fact is that the replacement payment is SIGNIFICANTLY lower than if I worked at the rate! Those. I teach, and the payment is on a substitute basis. If there is a substitution, then we don’t teach; the children silently go about their business. The director flatly refuses to give half the rate, saying they won’t find a teacher at all if he shares part of it with me. Refuse or how can you influence the director’s opinion?

Lawyer's answer:
You yourself write that you “flatly refuse”... How can I influence here? Unless the Labor Code... Read carefully the articles on expanding job responsibilities... It seems that it says that expansion of work responsibilities is possible only with the written consent of the employee, by order, and with appropriate payment. Read what is written in your employment contract and job description. You are LITERATE. You'll figure it out. That's how you influence it with the law. if you are not afraid to ruin the relationship... Article 60.2 of the Labor Code of the Russian Federation - Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract: 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 payment (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 another 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.

- Lawyer's answer:
  For the first time, with all due respect to her, but in principle I do not agree with “Inga”, I still agreed with her. Therefore, I will offer two options. First, you, as an employee, have either a written employment contract or an employment order. These documents state who hired you, that is, what your job responsibilities are, and for what money. Based on this and in accordance with Art. 22 of the Labor Code of the Russian Federation, your employer HAS THE RIGHT: “to demand from employees that they perform their labor duties and take care of the employer’s property (including the property of third parties located by the employer, if the employer is responsible for the safety of this property) and other employees, compliance internal labor regulations". Also, according to the same Article 22 of the Labor Code of the Russian Federation, the employer is OBLIGED: “to provide employees with WORK CONDITIONED BY THE EMPLOYMENT CONTRACT.” Now in Russian, if when you got a job you agreed that you would work as a secretary, then you have no right to force you to wash the floors because there is no one else to do this work. This is written in Art. 60 of the Labor Code of the Russian Federation, namely: “It is prohibited to require an employee to perform work not stipulated by an employment contract, except in cases provided for by this Code and other federal laws.” Now regarding the bonus, they are paid according to the bonus regulations, developed, as a rule, by the employer and for the employer. Therefore, the concept of a bonus can be said to be very virtual, that is, if there was a person, there would always be something to deprive him of. Therefore, I propose the second option, which is more guaranteed in terms of payment. Since the work has such a property that it cannot be redone, and in your case there is no one to do it, then offer your employer the following. The Labor Code of the Russian Federation has two articles on this topic, these are: “Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract, and Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract.” Since space is limited, I only gave the titles of the articles, you can look at both of them yourself. In Art. 60.2 of the Labor Code of the Russian Federation states that only: “With the written consent of the employee,” and in Art. 151 of the Labor Code of the Russian Federation states that: “The amount of additional payment is established by agreement of the parties.” That is, if you agree on mutually beneficial terms, then only then can you be required to perform this “not my” work. Good luck with your negotiations.

Valentina Panina

1 employee went on vacation, 2 works for himself and for him, is it possible to pay him not 30%, but 100% of his earnings 1. thank you.. and another question: in 1C, this accrual should be reflected as a bonus?

Lawyer's answer:
When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee’s remuneration is made taking into account the provisions of Art. 151 Labor Code of the Russian Federation. The amount of additional payment in these cases is established by agreement between the employee and the employer, taking into account the content and nature of the additional work (Part 2 of Article 151 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not determine either the minimum or maximum amount of additional payment. The additional payment can be set either as a fixed sum of money or as a percentage of the tariff rate (salary) or the employee’s salary. However, the employer must take into account the situation). 2. The employee has the right to prematurely refuse to perform additional work (part-time work - MM), 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" (Article 60.2 of the Labor Code of the Russian Federation ) . Therefore, if 1.5 rates are obtained taking into account part-time work, then both before and after the reorganization the employer can leave only one rate, but must notify 3 working days in advance. An extract from the Labor Code of the Russian Federation is attached: 1. Article 75. Labor relations when changing the owner of the organization’s property, changing the jurisdiction of the organization, its reorganization When changing the owner of the organization’s property, the new owner, no later than three months from the date his ownership rights arise, has the right to terminate the employment contract with the manager organization, his deputies and chief accountant. A change in the owner of the organization’s property is not grounds for terminating employment contracts with other employees of the organization. … When the owner of an organization’s property changes, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership. A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) cannot be grounds for terminating employment contracts with employees of the organization. … 2. Article 60.1. Part-time work An employee has the right to enter into employment contracts to perform, in his free time from his main job, other regular paid work with the same employer (internal part-time work) and (or) with another employer (external part-time work). ... 3. Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract. With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (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 another 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.

Natalia Frolova

Does the administration have the right to assign me the duties of an employee on vacation without any pay at all?

Lawyer's answer:
According to the Labor Code, Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work specified in the employment contract. When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code). Thus, the administration does not have the right to force. this would be forced labor, which is prohibited by the Constitution

Natalya Vasilyeva

Can I be appointed as an acting executive, i.e. promoted without my consent? If they can, how?

Lawyer's answer:
Your situation is regulated by the following (Labor Code of the Russian Federation): Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract. With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (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 another 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. Therefore, you cannot be “promoted” without your consent.

Zhanna Kazakova

Those who combine their main job with another part-time job. can you tell me? How can you document from an employer a record that you combine and perform functions related to another position? Moreover, my main position is fundamentally different from the position that I combine.

Lawyer's answer:
Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract. With the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) during the established duration of the working day (shift), along with the work specified in the employment contract. for additional payment (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 another 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.
Remuneration for work on weekends and non-working holidays Work on a weekend or non-working holiday is paid at least double: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of at least double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time. Specific amounts of payment for work on a day off or a non-working holiday may be established by a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract. At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

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.

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.

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 a different profession 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 performed during regular working hours 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.