With article 60.2 of the labor code of the Russian Federation. We draw up a combination of positions: a cheat sheet for a personnel officer. Fulfillment of duties of a temporarily absent employee

The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of labor organization differ? What features must be taken into account when hiring a part-time worker? Do I need to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in the proposed article.

Combining and combining are completely different forms of work organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the work of part-time workers and those who are mastering other positions and professions, we will briefly understand the terminology.

If the employee, in his free time from the main job, performs other regular paid work on the terms employment contract - this is a combination of jobs (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only for your employer, but also in another organization (for another entrepreneur or an individual who is not an entrepreneur).

When combining professions (positions), work is carried out "during the established duration of the working day (shift)" and always at the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between combining and combining are determined, you can proceed to the details.

Part-time job

So, there are several factors that determine the combination: the employee has the main place of work, performs labor functions ( job duties) in his free time from the main job, does it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.

As follows from article 60.1 of the Labor Code of the Russian Federation, part-time employment can be external and internal.

External combination - this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization or an entrepreneur without education. legal entity, and the employer - individualwho is not an entrepreneur.

Internal combination - performing other regular paid work with the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work indicating the position, profession, specialty as a part-time job.

Who cannot be part-time

For certain categories of citizens, part-time work is prohibited by the Labor Code. First, these are persons under the age of 18. And secondly, employees whose main work is associated with hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.

In addition, some restrictions on part-time work have been established for the leaders of organizations. So, according to article 276 of the Labor Code of the Russian Federation "the head of an organization can work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or a person (body) authorized by the owner."

In certain cases, the Labor Code refers the employer to other federal laws and by-laws that restrict part-time employment. individual workers... This, in particular, federal laws on state and municipal unitary enterprises, bodies of the judicial community, advocacy and advocacy, justices of the peace. The list of such acts also includes decrees of the Government of the Russian Federation (for example, a decree regulating the procedure and conditions of service (work) in combination in the system of the Ministry of Internal Affairs of Russia).

The prohibition on part-time employment is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition, can only engage in teaching, scientific or other creative activities. Working conditions in combination with teaching, medical, pharmaceutical workers and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, the decrees of the Government of the Russian Federation of the same name dated 04.04.2003 No. 197 and the Ministry of Labor of Russia dated 30.06.2003 No. 41 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."

We conclude an employment contract with a part-time job and arrange it for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for his main job. An employment contract with a part-time job is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other with the employee's mark “I received the second copy of the employment contract” is kept by the employer.

NOTE

Part-time job: what has changed

To assess the volume of innovations associated with part-time jobs, you need to at least leaf through the new edition of the Labor Code. Olga Rusakova did it for you, and you just have to look through the list of major changes and pay attention to those that are relevant specifically for your company.

1. Article 98 of the Labor Code, which regulates labor Relations with part-time workers. New articles have appeared: 60.1 - on part-time work and 60.2 - on combination.

2. The rules have been established for concluding a special type of employment contract - on the performance of work on a part-time basis.

As before, the working time of a part-time worker should not exceed 4 hours per day. But the norm - no more than 16 hours a week is outdated.

Now, within one month (another accounting period), the duration of the working time when working part-time must not exceed half of the monthly norm of working time (the norm of working time for another accounting period) established for the corresponding category of workers. Moreover, on days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift). The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee:

At the main place of work, he suspended her in accordance with part 2 of article 142 of the Labor Code of the Russian Federation (due to the violation by the employer of the terms of payment of wages);

Suspended from work on the basis of part 2 or 4 of article 73 of the Labor Code of the Russian Federation (if it is impossible to transfer an employee to another job in accordance with a medical certificate).

3. Additional grounds for termination of an employment contract with part-time workers have changed significantly. Previously, an employment contract with a part-time job could be terminated in the event of hiring an employee for whom this work will be the main one. Now the legislator has clarified that such an agreement can only be of unlimited duration, and has established the terms within which the employer is obliged to notify the employee in writing - at least two weeks before dismissal.

4. Serious changes have been made to Article 332 of the Labor Code. Previously, “when filling the positions of scientific and pedagogical workers in higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract was preceded by competitive selection". Now the legislation allows the hiring of a scientific and pedagogical employee to work without a competition, but only on a part-time basis. This is done "in order to maintain the continuity of the educational process."

It is necessary to prescribe in the employment contract that the work will be performed on a part-time basis (paragraph 4 of article 282 of the Labor Code of the Russian Federation). For example, the relevant provision may look like this: "The employee is hired by the Employer on a part-time basis."

A typical mistake employers make: with an employee who is hired as a internal part-time , a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for the main job and for the part-time job.

However, with such an employee it is necessary not only to conclude an employment contract, but also to fill out a personal card for him (form No. T-2), as well as assign a personnel number. That is, in the time sheet, this employee will appear twice: as the main employee and as a part-time employee.

The list of mandatory documents for hiring on a part-time basis is given in article 283 of the Labor Code. It:

Passport or other identity document;

Diploma or other educational document, vocational training in case the forthcoming work requires special knowledge (or duly certified copies of such documents);

Certificate of the nature and conditions of work at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.

However, the listed documents may not be required from an internal part-time worker, since copies of all required documents such an employee has already submitted.

Working hours

The legislation, as before, limits the maximum duration of the working hours of part-time workers, but does not specify the minimum duration.

“The duration of the working time for part-time work should not exceed four hours a day. On days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift). During one month (another accounting period), the duration of working hours in part-time work should not exceed half of the monthly working time norm (working hours for another accounting period) established for the corresponding category of workers "(Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the norm of working time is 40 hours, then the duration of the working time of a part-time worker cannot exceed 20 hours.

TIP

If the company has part-time employees

1. You need to hire an employee on the terms internal combination for a similar vacant post... In such a situation, it is better to make changes to the staffing table in advance. Namely: rename the position or introduce a new staffing unit, make adjustments to job description or compose a new one. For example, if an employee holds the position of assistant secretary at his main place of work, then concurrently offer him the position of secretary.

2. You accept an employee on a part-time basis for hard work, work with harmful and (or) dangerous working conditions. Write down in the employment contract the employee's obligation to notify you if his working conditions at the main place of work become similar.

3. In your organization there are part-time workers whose work results, qualifications, speed, quality of work are higher than those of the main employees. Keep in mind that you can set part-time bonuses for complexity, intensity, and thus increase the salary. We are talking, of course, about employees who occupy the same positions with the same job descriptions.

note : Limitations on the duration of working hours for part-time jobs do not apply in two cases

First case. At the main place of work, the employee suspended work due to the violation by the employer of the terms of payment of wages (part 2 of article 142 of the Labor Code of the Russian Federation).

Second case. An employee was suspended from his main job in accordance with a medical certificate, and it is impossible to transfer him to another job (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Considering that the mode of working hours and rest time (it is usually individual for part-time workers) is a prerequisite to be included in an employment contract, it must be specified in an employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:

“The employee is set a five-day work week duration 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.

The days off for the Employee are Saturday and Sunday. "

“An employee is assigned a 12-hour work week. The employee works on a sliding schedule: on Monday, Wednesday and Friday from 18.00 to 20.00, on Tuesday and Thursday from 17.00 to 20.00. The days off for the Employee are Saturday and Sunday. "

Salary

Part-time work is paid “in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract. This is indicated in article 285 of the Labor Code of the Russian Federation.

When establishing standardized tasks for persons working part-time with time wages, labor remuneration is made according to the final results for the actually performed amount of work. " At the same time, part-time workers are obligatorily paid all the necessary district coefficients and allowances, where applicable.

NOTE

Combination: do not miss the innovations

Earlier, the Labor Code did not regulate the issues of combining. Now, article 60.2 regulates the procedure for performing additional work:

When combining professions (positions);

Expanding service areas, increasing the volume of work;

Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract.

In accordance with Article 60.2, 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 another or the same profession (position) for additional payment (Article 151 of the Labor Code RF).

The legislator has established that the term during which the employee will perform additional work, its content and volume, the employer shall establish with the written consent of the employee.

Together with the new article, the employee has the right to early refuse to perform additional work, as well as the right of the employer to prematurely cancel the order to perform it, notifying the other party about this in writing no later than three working days.

As you can see, the legislation provides for several calculation options wages... The most important thing when choosing a system of remuneration for a part-time worker is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: "The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited by the maximum amount." In determining the size of wages, any kind of discrimination is prohibited.

A few words about the minimum wage for part-time workers. In accordance with article 133 of the Labor Code of the Russian Federation, "the monthly wage of an employee who has worked for this period the norm of working hours and fulfilled the labor standards (labor duties) cannot be lower than the minimum wage." But the remuneration of part-time workers can be calculated in proportion to the hours worked or in proportion to the output and, thus, be less than the minimum wage.

Vacation

The procedure for granting leave to part-time workers is clearly spelled out in article 286 of the Labor Code and differs significantly from the procedure for granting leave for main work. In particular, this article says that “to persons working part-time, annual paid leave is granted simultaneously with leave for the main job. If an employee has not worked for six months at a part-time job, then the leave is provided in advance. "

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which "the right to use leave for the first year of work arises from the employee after six months of his continuous work with this employer", does not apply to part-time workers. An external part-time worker who wishes to receive another vacation Simultaneously with the leave at the main place of work, it is possible to recommend taking the corresponding certificate of the main place of work and presenting it to the employer who performs part-time work.

The duration of the leave of part-time workers, as well as of main employees, cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the duration of the leave of the part-time worker at the main job is longer than at the part-time job, the employer is obliged, at the request of the part-time worker, to provide him with leave without salary of the corresponding duration. Calculation of the size of the average wage for the payment of vacations and the payment of compensation for unused vacations produced by general rules... This is stated in article 139 of the Labor Code.

What to do if a part-time employee leaves the job after using the vacation in advance? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee's salary for unworked vacation days.

Guarantees and compensations

Employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. An exception is the list of guarantees and compensations "to persons who combine work with training, working in the Far North and equivalent areas." In these cases, guarantees and compensations are provided to employees only at the main place of work (Article 287 of the Labor Code of the Russian Federation).

One more exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of an organization or the termination of activities. individual entrepreneur (Clause 1 of Art. 81), as well as in connection with the reduction in the number (staff) of employees of an organization, an individual entrepreneur (Clause 2 of Art. 81). Such an employee is paid only severance pay in the amount of the average monthly earnings on the basis of article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at the main place of work, he does not retain the average monthly earnings for the period of employment.

Dismissal

An employment contract with a part-time job in accordance with Article 288 of the Labor Code can be terminated on general grounds. Recall that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for terminating an employment contract: "an employment contract concluded for an indefinite period with a person working part-time may be terminated in the event of hiring an employee for whom this work will be the main one."

note : This is a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to notify the part-time worker about this in writing. Moreover, this must be done at least two weeks before the specified event.

In all cases, the day of dismissal of an employee is the last day of his work. On this day, the employer is obliged to make a full settlement with him.

And one moment. According to article 66 of the Labor Code of the Russian Federation “at the request of the employee, information about part-time work is entered into work book at the place of the main job on the basis of a document confirming part-time work ”.

LLC "Kaskad" represented by general director Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the Employer, and the citizen of the Russian Federation Limonova Maria Grigorievna, hereinafter referred to as the Employee, concluded supplementary agreement about the following:

"The employee is entrusted in the order of combining positions with the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month."

2. This supplementary agreement is an integral part of the employment contract and comes into effect on October 10, 2006.

Addresses and signatures of the parties ...

Combining professions (positions)

When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Let's figure out the nuances.

Under combining professions means the performance by the employee, along with the work specified in the employment contract, additional work in another profession. Combining positions is the performance of additional work by an employee in another position. The concept of "combination of professions" is used in relation to workers, and the concept of "combination of positions" - in relation to employees and specialists.

The combination also includes expanding service areas, increasing the volume of work ... In this case, the employee, along with the work specified in the employment contract, performs an additional amount of work in the same profession or position.

And finally, another type of combination is the performance of the duties of a temporarily absent employee without being released from work specified in the employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or for other reasons) and for whom, in accordance with current legislation persists workplace (position).

The period during which the employee will perform additional work is established by the employer with the written consent of the employee. This is stated in article 60.2 of the Labor Code of the Russian Federation. The amount of payment for combination is established by agreement of the parties to the employment contract, taking into account the content and (or) the amount of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.

All types of combination of professions (positions) can be assigned only with the written consent of the employee. The combination is made out as follows. Due to the fact that the conditions about " labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee) "are mandatory for inclusion in an employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.

On the basis of the concluded additional agreement, it is necessary to issue an order on the combination of positions, for example, with the following text:

“Maria Grigorievna Limonova, assistant secretary, should be instructed in the order of combining positions to fulfill the duties of an office manager from October 10, 2006 with an additional payment for combining positions in the amount of 5,000 rubles a month."

note : when registering a combination, it is not required to conclude a new employment contract, as well as to make entries in a work book.

The employee has the right to prematurely refuse to perform additional work, and the employer has the right to prematurely cancel the order to perform it, notifying the other party about this in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement to the employment contract is also concluded, and on its basis an order is issued to cancel the combination.

Labor law

The text of article 60.2 of the Labor Code of the Russian Federation in the new edition.

With the written consent of the employee, he may be entrusted with performing, within the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of this Code).
Additional work entrusted to an employee in another profession (position) can be carried out by combining professions (positions). Additional work entrusted to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. To fulfill the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be entrusted with additional work both in another and in 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 early refuse to perform additional work, and the employer - to early cancel the order to perform it, notifying the other party about this in writing not later than three working days.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 60.2 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

Combining professions (positions) is the performance by an employee in the same organization, along with his main job, due to the employment contract, additional work in another or the same profession (position). Such work is performed for an additional fee (see article 151 of the Labor Code and the commentary to it).

§ 2. The legislator provides that additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions).

§ 3. The performance by an employee, along with his main job, of an additional volume of work in the same profession (position) is considered as an extension of service areas or an increase in the volume of work performed.

§ 4. The commented article allows the performance of the duties of a temporarily absent employee without release from the main job, when the employee may be entrusted with additional work both in another and in the same profession (position). For example, due to illness, vacation, business trip and other reasons, when he retains a place (position).

§ 5. The period during which the employee will perform additional work, the content, the amount of work may be established by the employer with the written consent of the employee. This is formalized by the order (order) of the employer.

§ 6. In accordance with Part 4 of Art. 60.2 the employee has the right to early refuse to perform additional work, and the employer - to early cancel the order to perform it. In this case, the employer must notify the employee in writing no later than three working days.

The next comment on article 60.2 of the Labor Code of the Russian Federation

If you have questions about art. 60.2 TC, you can get legal advice.

1. Unlike part-time work (see Art. 60.1 of the Labor Code and the commentary to it), 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 mode of working hours established by the employment contract ... The condition for the performance of work in two or more professions, specialties or positions is determined by the parties when concluding an employment contract as a condition for 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 prescribed form, the parties may 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 on the expansion of the service area or on the increase in the volume of work performed is adjacent to the condition of combining professions (positions). 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 imposing the performance of 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 constitutes the content of the employment contract as an agreement of the parties, the legislator assumes the possibility of unilateral refusal from this condition. Such a refusal is carried out in writing by warning the opposite party by the interested party not later than three working days. The employee can express a refusal to combine professions (positions) or expand the service area or the volume of work performed in the form of a corresponding written application, the employer - by issuing an order (instruction).

»Article 60.2. Combining professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without dismissal from work specified in an employment contract

Article 60.2. Combining professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without dismissal from work specified in an employment contract

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ST 60.2 of the 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 specified work, additional work in another or the same profession (position) for additional payment (Article 151 of this Code).

Additional work entrusted to an employee in another profession (position) can be carried out by combining professions (positions). Additional work entrusted to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. To fulfill the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another and in 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:

The commented article for the first time in the TC describes the concept of additional work, which should be understood as a combination of professions (positions); expansion of service areas, an increase in the volume of work; fulfillment of the 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 commissioned by the employer both for another and for the same profession (position) for an additional fee (see article 151 of the Labor Code and comments to it).

Unlike part-time jobs, additional work is carried out in the main under the existing employment contract.

The combination of professions (positions) should be understood as the performance by the employee, along with his main job, due to the employment contract, additional work in another profession (position). Such work is possible due to the intensity (compaction of work) during the working day. As a rule, options for a possible combination of professions (positions) are fixed in collective agreement or some other local act.

The current legislation in a number of cases provides for the retention of a temporarily absent employee of the place of work and position, for example, in the event of his illness, being on vacation, etc. Imposing on an employee without relieving him of his main job of performing the duties of an absent employee is the fulfillment of the duties of a temporarily absent employee. It should be borne in mind that such a performance of duties can be both in another and in the same profession (position), since the employee is not released from his main job for the duration of his duties, he performs the duties of a temporarily absent employee within the established duration of working time by compacting their work.

In each specific case, the employer issues an order to entrust the employee with other additional work. The order indicates the period during which the employee will perform additional work, the content of this work, as well as the amount 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 surcharges is also indicated in the order and is established by agreement of the parties, taking into account the content and (or) the amount of additional work (see article 151 of the Labor Code and comments to it).

Since the performance of additional work is established by agreement of the parties, the employee can prematurely refuse such work, and the employer can early cancel his assignment for its performance, notifying the other party about this in writing not later than three working days.

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

Another comment on article 60.2 of the Labor Code of the Russian Federation

Unlike part-time jobs, additional work is carried out in the main work time within the framework of an existing employment contract.

ST 60.2 of the 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 another or the same profession (position) for additional payment ().

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 Art. 60.2 of the Labor Code of the Russian Federation

1. Unlike part-time jobs (see Art. 60.1 of the Labor Code of the Russian Federation and the commentary to it), 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 mode of working hours established by the labor agreement. The condition for the performance of work in two or more professions, specialties or positions is determined by the parties when concluding an employment contract as a condition for the labor function assigned to the employee, or subsequently.

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