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 the 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 work organization differ? What features should be considered when hiring a part-time job? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.

Combination and combination are completely different forms of labor 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 master other positions and professions, let's briefly understand the terminology.

If an employee, in his spare time from his main job, performs other regular paid work on the terms employment contract- this is a part-time job (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only with 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 with the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between combination and combination have been identified, we can move on to the details.

part-time

So, there are several factors that determine part-time employment: the employee has the main place of work, performs labor functions ( official duties) in his free time from his 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 part-time- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be both an organization and an entrepreneur without education legal entity and the employer individual who is not an entrepreneur.

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

Who cannot be a partner

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 are also established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization may 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 the person (body) authorized by the owner.”

In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit part-time employment individual workers. This, in particular, federal laws on state and municipal unitary enterprises, bodies of the judiciary, 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 for part-time service (work) in the system of the Ministry of Internal Affairs of Russia).

The ban on multiple jobs 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. Conditions of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, the resolutions of the same name of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers”.

We conclude an employment contract with a part-time partner and draw it up for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for a main job. An employment contract with a part-time partner is concluded in writing, is 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 note "Received the second copy of the employment contract" is kept by the employer.

NOTE

Compatibility: what has changed

To assess the volume of innovations associated with part-time work, you need to at least look 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 associates. New articles appeared: 60.1 - on part-time employment and 60.2 - on combination.

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

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

Now, within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. Moreover, on days when the employee is free from the performance of labor duties at the main place of work, 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 it in accordance with part 2 of article 142 of the Labor Code of the Russian Federation (due to violation by the employer of the terms for paying 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 the employee to another job in accordance with a medical report).

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 if an employee is hired, for whom this work will be the main one. Now the legislator has clarified that such an agreement can only be open-ended, and has established the deadlines within which the employer is obliged to notify the employee in writing - at least two weeks before the dismissal.

4. Serious changes have affected Article 332 of the Labor Code. Previously, “when filling 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 employment of a scientific and pedagogical employee 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 state 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 of employers: with an employee who is hired as internal part-time , a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for both the main job and the job performed part-time.

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

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

Passport or other identity document;

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

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

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

Working hours

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

“Working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of 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 working time of a part-time worker cannot exceed 20 hours.

ADVICE

If part-time employees work in the company

1. You need to accept an employee on conditions internal combination to a similar vacant position. In such a situation, it is better to make changes to the staffing table in advance. Namely: rename the position or introduce a new staff unit, make adjustments to job description or create a new one. For example, if an employee occupies the position of an assistant secretary at his main place of work, then offer him a part-time position as a 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 obligation of the employee to notify you if his working conditions become similar at the main place of work.

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

note: restrictions on the duration of working hours when working part-time 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 for paying wages (part 2 of article 142 of the Labor Code of the Russian Federation).

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

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

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

Days off for the Employee are Saturday and Sunday.

“The work week of 12 hours is set for the employee. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.

Salary

The work of part-time workers is paid “in proportion to the time worked, depending on 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 for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed. At the same time, part-time partners must be paid all the necessary district coefficients and allowances, where applicable.

NOTE

Combination: do not miss the innovations

Previously, the Labor Code did not regulate the issues of combination. Now, Article 60.2 regulates the procedure for performing additional work:

When combining professions (positions);

Expansion of service areas, increase in 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 the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of the Labor Code RF).

The legislator established that the employer sets the period during which the employee will perform additional work, its content and volume with the written consent of the employee.

Together with the new article, the employee’s right to early refuse to perform additional work appeared, as well as the employer’s right to cancel the order to perform it ahead of schedule by notifying the other party in writing no later than three working days in advance.

As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a part-time job remuneration system 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 the labor expended, and is not limited to a maximum amount." Any kind of discrimination is prohibited in the setting of wages.

A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked the norm of working hours for this period and fulfilled labor standards ( labor obligations) 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 stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for the main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is provided in advance.

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer”, does not apply to part-time workers. An external part-time partner who wishes to receive another vacation Simultaneously with the leave at the main place of work, it can be recommended to take the appropriate certificate from the main place of work and submit it to the employer who has part-time work.

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

What to do if the part-time worker, having used the vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to deduct money from the employee's salary for unworked vacation days.

Guarantees and compensation

For employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. The exception is the list of guarantees and compensations "to persons who combine work with education, working in the regions of the Far North and areas equivalent to them." In these cases, guarantees and compensations are provided to employees only at their 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 may be dismissed in connection with the liquidation of the organization or the termination of activities individual entrepreneur(clause 1, article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (clause 2, article 81). Such an employee is paid only severance pay in the amount of average monthly earnings 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 may be terminated on general grounds. We 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 if an employee is hired for whom this work will be the main one.”

note: We are talking about a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

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

In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to pay him in full.

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 in work book at the place of main work on the basis of a document confirming part-time work.

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

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

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

Addresses and signatures of the parties...

Combination of professions (positions)

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

Under combination of professions is understood as the performance by the employee, along with the work defined by the employment contract, of additional work in another profession. Combination of posts is the performance by an employee of additional work in another position. The concept of "combination of professions" applies to workers, and the concept of "combination of positions" - to employees and specialists.

Combination also includes expansion of service areas, increase in the volume of work. In this case, the employee, along with the work determined by 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 exemption from work determined by an 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 preserved workplace(position).

The period during which the employee will perform additional work is set 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 the combination is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in articles 60.2 and 151 of the Labor Code of the Russian Federation.

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

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

"Limonova Maria Grigorievna, assistant secretary, to entrust, in the order of combining positions, the performance of the duties of an office manager from October 10, 2006 with an additional payment for combining positions in the amount of 5,000 rubles per month."

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

The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party 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 is also concluded to the employment contract, 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 a new edition.

With the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) may 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. In order 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 profession 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.

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.

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

§ 2. The legislator provides that additional work entrusted 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 amount of work in the same profession (position) is considered as an expansion of service areas or an increase in the volume of work performed.

§ 4. The commented article allows the performance of the duties of a temporarily absent employee without release from the main job, when the employee can 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 a place (position) is retained for him.

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

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

The next commentary on Article 60.2 of the Labor Code of the Russian Federation

If you have questions under Art. 60.2 of the Labor Code, you can get legal advice.

1. Unlike part-time employment (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 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 appendix 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 term for such a combination and the procedure for performing work in the combined profession (specialty) or position.

2. According to its legal regime, the condition on combining professions (positions) is adjoined by the condition on expanding the service area or on increasing the volume of work performed. This condition is established after the parties agree on the terms of the employee’s labor function and may be permanent or temporary (in particular, in the form of imposing the performance of the duties of a temporarily absent employee without exemption from the main job determined by the employment contract).

3. Despite the fact that the condition on 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 of this condition. Such a refusal is carried out in writing by warning the interested party of the opposing party no later than three working days in advance. The employee may express a refusal to combine professions (positions) or expand the service area or the scope of work performed in the form of an appropriate written application, the employer - by issuing an order (instruction).

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

Article 60.2. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the 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 the performance during the established duration of the working day (shift), along with the work specified, additional work in another or the same profession (position) for additional payment (Article 151 of this Code).

Additional work assigned to an employee in another profession (position) may 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. In order 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 profession 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 Labor Code describes the concept of additional work, which should be understood as a combination of professions (positions); expansion of service areas, increase in the scope of work; performance of the duties of a temporarily absent employee without release from work specified in the employment contract.

The performance of additional work is entrusted by the employer and can only be with the written consent of the employee. Additional work can be entrusted by the employer both in another and in the same profession (position) for an additional fee (see article 151 of the Labor Code and comments to it).

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

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

In a number of cases, the current legislation provides for the retention of a place of work and position for a temporarily absent employee, for example, in case of illness, vacation, etc. The assignment to an employee without releasing him from 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 performance of duties can be either in another or in the same profession (position), since the employee is not released from his main job for the duration of the performance of duties, he performs the duties of a temporarily absent employee within the established working hours by consolidating their work.

In each 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 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 comments to it).

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 order for its performance ahead of schedule by notifying the other party in writing no later than three working days in advance.

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 commentary on Article 60.2 of the Labor Code of the Russian Federation

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

ST 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.

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

1. Unlike part-time employment (see Article 60.1 of the Labor Code of the Russian Federation 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 mode of working hours established by the labor 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.

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