LawRegulatory Compliance

Combination of posts: payment. Work and salary in combination: RF TC

It is not uncommon for a person to take on additional work, that is, he moves to a combination of positions. In this case, the payment for labor and the norms for its implementation are slightly modified. What is the combination of professions and what it eats, let's consider in this article.

Types of work part-time

An employee who is in a certain position has the right to include additional working hours in his schedule. At the same time, there are two types of overlap:

  • External.
  • Internal.

In the first case, we are talking about situations where a person is listed simultaneously in two different organizations. And he can work both in different positions, and on similar ones.

If additional duties are assigned to an employee within the same company, then this is a concept such as the internal combination of posts. Payment of this kind of work - a separate conversation, we'll touch it later in the article.

Features of registration

Additional work is as privileged as usual. Thus, a person combining two posts has the rights to bonuses, annual leave, sick leave and other benefits at each of the jobs.

According to the Labor Code of the Russian Federation, when combining professions, the main workplace and additional work should be allocated. This is determined by the place of storage of the work record book. The organization in which this document is located will be considered the main workplace of an individual.

When calculating benefits, subsidies and other payments, it is necessary to take into account both the basic and additional income for the combination of posts. Labor remuneration is made on an official basis, that is, on the basis of a contract concluded between the manager and the subordinate. Therefore, in each of the organizations personnel records are preserved with a reference to the fact that an individual is on a combination of posts.

By the way, the concept we are considering should be distinguished from the so-called substitution. In this case, it is about fulfilling the duties of the absent member of the enterprise, and not on the terms of additional labor, but instead of his basic work. With this development of events, a person who agrees to substitution is paid a separate salary in accordance with this post.

Who is prohibited from working on a combination?

Not all categories of citizens have the opportunity to obtain additional jobs. According to the Labor Code (TK), the combination of positions can not be formalized in such cases:

  • If the employee is under 18 years of age.
  • With dangerous or extra-heavy working conditions.
  • If an individual is a judge, a tax official, a central bank of Russia, etc.,

Terms of work

The transfer of the employee to the combined schedule should be discussed individually with the head, after which all specified points are certified in the contract. First of all, the term on which the contract is signed is of great importance. The agreement on combining posts should contain the exact date that characterizes the period of completion of the additional work of an employee. Or else the contract simply states that an individual will fulfill certain obligations within the conditional term (for example, while another specialist in this area is on vacation).

If the previously agreed time is not enough for the deputy to perform the substitution work, the agreement between the parties is revised. It can be corrected in the form of an extension of the maturity period. Otherwise, the cooperation ceases.

There are also reverse situations, when either party decides to break the contract before the expiration of its term. In this case, an additional agreement is required . Combination of positions is also canceled by signing the document by both parties, but here there is one condition - the person who made such a decision must notify about his desire no later than 3 days. The head must inform the news with a written notice, the employee also requires an application to the director. If the parties reach mutual agreement, the contract is broken after the employer signs the corresponding order.

Operating mode

Before you arrange the combination of posts, you should also understand the rights of the employee. And first of all they are expressed in the norms of his working time. Any legally competent person should understand that part-time is an additional work, therefore, a simplified regime is drawn up for him. According to the legislation of the Russian Federation, the norms of the schedule of individuals registered in two positions at the same time should in no case be at the expense of the main place of work. Therefore, it is preferable that the mode of work does not exceed 4 hours per day or 20 hours per week. If we take into consideration the monthly schedule of part-time work, then the additional hours should not be more than half of the main ones.

While printing the order on combining posts, the head necessarily indicates in it the regime of labor of a member of the collective. On the part of the employee it is important to ensure that at the same time his legal rights are respected, that is, the schedule was not overtime. However, it should be understood that there are exceptions to which time norms can be changed. For example, the manager has the right to appoint a full-time employee at the time of finding the latter at the weekend or on leave in relation to his main place of work. Also, a change in the schedule can be made on the grounds that an individual has been suspended from his main duties for a certain period of time. As a reason, delay in salary payment or temporary incapacity for work due to health problems may appear.

Combination of positions: payment

Employee salary when combining - a controversial issue. On the one hand, the legislation of the Russian Federation does not have definite figures, which it must match. The amount of earnings is formed on the basis of the company's policy, as well as its financial position. At the same time, the Labor Code stipulates that payment for extra hours must not be lower than the minimum salary established by law. But here again there is a double-edged sword. Since the job of combining, being on the additional position, is characterized by a shortened schedule, the manager can assign a salary to the employee of the company below the official minimum.

Also, the earnings of an individual depend on the conditions on the basis of which the combination of professions (positions) was formalized. Payment for piecework depends directly on the amount of work performed by him. For example, for a master this can be the number of parts manufactured. As for time wages, it is calculated on the basis of a period of working time. The more hours an employee was in the performance of his direct duties, the higher his income will be. Sometimes the manager sets his subordinates certain norms of scope of work. In this case, the employee's salary does not depend on the time spent. The decisive is the fact of the fulfillment or non-fulfillment of the norm of works. For them, the head determines the amount of money payment.

What bonuses does the employee receive for overtime overlapping of professions (positions)? Payment in this case can be supported by premiums or an additional interest rate.

Special conditions for payment of salary when combining

Despite the fact that the additional workplace takes only a small fraction of the employee's time, he has the right to the same privileges as in the standard case. So, the organization is obliged or, at least, can charge additional payments to a member of its staff:

  • For work on night shifts, as well as on weekends and holidays.
  • For overtime work.
  • For the experience of work.

Of course, all these nuances must be taken into account in the employment contract. Otherwise, the work (and salary, therefore) will remain without official confirmation of the legitimate rights of a member of the organization. With this development of events, the contract between the employee and the manager will be active only in words, which does not guarantee compliance with all of his points by both sides.

Registration of work on combining

To allow an individual to take on additional responsibilities, it is necessary to solve the official side of the issue. It is related to the preparation of various papers, as well as the establishment of agreement between the parties and determining their basic requirements for cooperation. Therefore, it is very important for the leader and the subordinate to know how to arrange the combination of posts in order to avoid delays in time and other embarrassments. So, this process is, in fact, uncomplicated and involves several stages:

  1. Preparation of a vacant position.
  2. The drafting of a written consent for part-time work by a potential employee.
  3. Execution of employment contract. In addition, an additional agreement is being prepared for it.
  4. Exit the order on behalf of the head of the organization.

Preparation of a vacant post

The first point of the plan is a formal operation that is necessary to ensure that the tax inspectorate does not have any claims on the next visit to the company. Before the employee begins to write an application for the combination of posts, a new vacancy should appear in the staffing table. It should be borne in mind that if an individual takes on additional responsibilities due to the release of another employee on leave, it will not be possible to take the place of the latter in place of the latter. A post is considered vacant only if it is completely free.

Drawing up the written consent of the employee

It is worth noting that this stage of transition to the registration regime does not have to be carried out with the employee's submission. In principle, the initiative can be shown by the head of the department, in which the employee will be listed. To do this, they draw up a memorandum with a proposal to arrange for a certain employee the combination of posts. The Labor Code of the Russian Federation (the Labor Code of the Russian Federation) implies that this document must necessarily be signed by the applicant for a vacant seat.

If the consent is registered with the employee's application, he writes an application addressed to the head of the department with a request for additional responsibilities.

Execution of an employment contract and an additional agreement to it

For the manager and the subordinate to begin cooperation, they need to discuss all the details of this process. If both parties are satisfied, then a contract is drawn up. However, before all the discussed nuances are fixed in such a document as an additional agreement. The consolidation of posts can be made only after indicating in it such data:

  • Type of job assignment.
  • The mode of labor.
  • Main responsibilities.
  • The term of the additional post.

Exit the order on behalf of the head of the organization

With the preparatory stages, we figured out, now it remains only to reach the home stretch. The basis for starting work on a new place for an employee is an order on combining posts. After approval of this paper, a person becomes an official member of the organization's staff. The order is prepared by the manager on the basis of a previously concluded agreement to the employment contract and includes the listing of its main points. In this case, the conditions for payment of salary to the employee and its size should be specified in it.

If there is such a need, the manager includes in the order special conditions for cooperation. For example, they include additional liability (for cash, tangible assets, etc.). In the case where the combination of the director's position is formalized, an individual may need the right to sign or make special decisions affecting the company's activities.

Documents required for part-time work

Provided that the employee agrees to assume additional duties at his / her main place of work, the collection of documentation will not be required, since all the necessary information about him has already been entered in the personnel lists. However, if the overlap is external, the situation changes slightly. An individual will have to perform all the same actions as with a standard admission to a vacant seat. Therefore, before applying for the combination of posts, the applicant must collect the following list of documents:

  • Passport.
  • Information about the state pension insurance (SNILS).
  • The document on education (diploma, certificate) - for professions that require special knowledge.
  • A certificate informing about the conditions at the main place of work - when applying for a position with a hard or potentially dangerous nature of work.

SNILS is necessary for the head to make contributions to the Pension Fund, which are subject to any remuneration. When jobs are combined, the deduction of taxes from the employee's income is the same as in the classical case. It should be recalled that you do not need to bring a work book. She remains in the organization that provides the person with the main place of work.

Application for joint position: sample

If the registration is made on the initiative of the employee, they are asked to impose additional duties on him. This paper is composed in the form of a statement containing such items:

  1. Position, surname and initials of the head of the department / director of the organization (indicated on the right side).
  2. The title of the document (in this case it is indicated by the word "statement") and the date of its compilation. This information is located on the left side of the sheet. The purpose of the statement is also indicated by the phrase "on combining posts".
  3. The main text of the application in the form of a request for additional responsibilities, with the specification of the title of the vacancy and the expected start date.
  4. FULL NAME. And the signature of the applicant. When applying to the same organization where the person currently works, you should indicate the main position.

An additional agreement is prepared on the basis of just such a paper as an application for the combination of posts. A sample can be taken from the above example, or you can ask for it in the personnel department.

Written offer of the employer

Registration registration with the filing of the manager also begins with the writing of the document. Paper is drawn up almost in the same way as the application of the applicant and contains the following items:

  1. A cap with the name of the organization, as well as the name. Leader.
  2. A line with the specification of the candidate for the position.
  3. Appeal to the applicant for a vacancy by name and patronymic.
  4. The text of the proposal, which specifies such information: the period of cooperation, the duties that will characterize the work, and the salary for their implementation.
  5. Position of the head, his name And a signature.

Then at the bottom of the paper, under the petition itself, the employee will need to add a line: "I agree (on) the combination of the post" and put my signature with the initials.

In the presence of free time, almost any individual can work in two places simultaneously. This will gain additional experience. In addition, remuneration of labor when combining posts gives an opportunity to increase your income.

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