We’ll figure it out ourselves or how to draw up an order and other documents to cancel the combination of positions. Combination and its termination: the correct procedure for registration

The Labor Code allows for the assignment of additional responsibilities to an employee if he agrees to such an expansion of his functions. This practice is called combination - most often it means temporarily replacing an absent employee. May be only internal, taking into account the main work schedule.

Examples of transferring part of the responsibilities to an employee whose colleague is temporarily disabled or on vacation are quite common. However, when the need for combination disappears, the employer needs to competently release the employee from the additional powers assigned to him.

Deregistration usually occurs for various reasons. The initiative can come from both parties; it is desirable that this decision be agreed upon. The employee must be aware of the employer's decision, but the manager is not required to formulate the reason for the cancellation.

At the initiative of the employee

An employee has the right to refuse to perform additional job functions for personal reasons. Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.

Often the refusal is dictated by the unsatisfactory level of additional payment - its amount is usually established by a local order and is fixed.

According to Art. 60 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of the early termination of his additional duties three working days in writing.

At the initiative of the employer

This often happens due to the employee’s dishonest performance of his duties or disciplinary violations. Removal of combined positions for the employer no need to agree with the employee. The legislation only requires issuing order to terminate the combination from a certain date (Article 60, Part 2 of the Labor Code of the Russian Federation) and notification. After this, the employee must familiarize himself with the document no later than three working days and put his signature on it.

From the date of cancellation, the employer is not obliged to make additional payments (Article 151 of the Labor Code of the Russian Federation).

How to apply

According to the Labor Code, the process of registering a refusal is regulated by Article 60 (establishes the possibility of transferring additional powers to an employee with his consent) and Article 151 (denotes the payment regime).

The process of canceling an additional labor agreement on combinations is not identical to the liquidation of an employment contract.

Statement

A cancellation application is required if this step is an employee initiative. It must be in writing, in two copies.

The application form can be arbitrary; a specific format for this document is not established by law. The application must include the following information:

• Date of preparation;
• the person to whom the document is addressed (directly the head of the organization);
• a succinctly stated requirement to terminate the combination, indicating the reason for refusing additional work;
• signature of the employee and the person accepting the application (HR employee, accountant or boss).

Upon receipt of an application for early termination of the contract, the HR department must issue 2 types of documents: on the termination of additional work activity and on the elimination of the additional payment.

Order

The order is mandatory document to cancel registration. Its main function is to record changes in the employee’s labor status. The order will help plan staffing and eliminate the accrual of additional payments.

If the supplementary agreement initially contains a start and end date, then there is no need to issue an order.

The main reasons for placing an order:

• Hiring a new employee for a vacancy. For example, “based on Part 4 of Art. 60.2 and Art. 151 of the Labor Code of the Russian Federation in connection with the occupation of a vacant position (indication of the position).”
• The manager no longer needs the services of the employee or the employee is not satisfied with the work schedule or the amount of payment.

The wording in the order should be as follows: “based on Art. 60.2 I order to remove (full name of the employee, his position) from performing additional work.”

A sample of filling out an order to cancel a combination may look like this:

Rules for placing an order:

1. In the upper right corner there should be the full official name of the organization, the locality in which it is located, and its address. Here you need to enter the date of registration.
2. The full name of the document is “On Cancellation of Combination” (located in the center of the form).
3. Information about the employee with whom the additional agreement is terminated (his full name).
4. A reference to the legislative acts according to which the document is published (most often, Article 60 of the Labor Code of the Russian Federation is used).
5. An order indicating the essence of the order.
6. The fact that the employee was deprived of additional pay must be indicated.
7. The grounds for termination of additional functions are determined (information about the additional agreement, its number and date is entered).
8. The order is signed by the employee and the manager, and the wet seal of the institution is placed on the form.

Notification

Drawed up in the event that termination of additional duties of an employee occurs at the initiative of the employer. There is no single form for this document; it is drawn up arbitrarily, but the notification must contain the following items:

• full name of the document (“On early cancellation”);
• contacting the employee with a brief summary of the essence of the notice. The basis is usually Art. 60 clause 2 of the Labor Code of the Russian Federation;
• information about changes in the contract, its registration number and date of signing;
• signature of the authorized person and its transcript, indication of the position of the manager.

After reading the notice, the employee must sign it, confirming that he is informed about the document and has received one copy.

If a notice was not sent to the employee, the order reflects only the fact that the additional payment was withdrawn.

Additional agreement

An additional agreement is a mandatory document when registering a part-time employee. It is in it that the terms for filling a vacant position, official responsibilities and payment regime are initially stipulated. In accordance with the law, it is issued both at the beginning of the combination and when it is cancelled.

If there is no fact of combination in the employment contract, the agreement must be formalized without fail.

Document structure:

• registration number;
• number of the employment contract for which the agreement has been prepared;
• details of the parties.

Is there a concept of “firing a part-time worker”?

Release from a part-time (not to be confused with part-time) position is not legally considered dismissal. In official documents, this procedure is called “cancellation” or “withdrawal”; calling it “part-time dismissal” would be a factual error.

Thus, in order to correctly remove an employee from a part-time job, you will need to initially correctly draw up an additional agreement and order. If the desire to remove an employee from one of their positions comes from the employer, then notification addressed to the employee will be required. It is important to inform the employee of the end date for additional payments.

In contact with

Why was the employer, who established an additional payment for the employee for combined work, unable to remove it? Why was the employer forced to return the full amount of work to an employee who could not cope with her duties? Why did a part-time employee work during his main job and who was to blame for this? Time and again, practice returns to issues of a clear distinction between combination and part-time work.

And although this problem has been discussed in the legal press more than once, state labor inspectors continue to identify violations in this matter, the solutions to which may not be so clear-cut.

A little theory

Combination and part-time work are concepts so different that it would seem impossible to confuse them with each other.
But in practice, even an experienced personnel officer makes mistakes.

Let's start with the fact that part-time work and combination are concepts that are used only in relation to the labor branch of law. But this is where their commonality ends.

In accordance with Art. 60.1 of the Labor Code of the Russian Federation, part-time work is a second job, in which a second employment contract is drawn up, a second hiring order is issued, a second leave is granted, a time sheet for part-time work is kept, and, at the employee’s request, an entry is made in the work book.

In accordance with Art. 60.2 of the Labor Code of the Russian Federation, combination is the performance by an employee, with his written consent, of additional work along with the work specified in the employment contract, during the established duration of the working day (shift).

Thus, if part-time work is a second job, then part-time work is not a separate job, but only an additional responsibility to the main job. Therefore, if part-time work can exist without a main job, then combination does not imply this: combination can only happen if there is a main job, combination in itself is impossible.

In accordance with Art. 273 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. We emphasize: in your free time from your main job. This means that for an employee working in one organization on a part-time basis, two time sheets are kept: for the main job and for a part-time job. Let’s assume that the employee’s main job in the organization is “educator”, and on a part-time basis an employment contract has been concluded for the position of “music director”. One time sheet records his working days as a teacher, and the other records his working days as a music director. In this regard, it is necessary to distinguish between maintaining a time sheet for an employee performing part-time work. Based on the foregoing, if part-time work is performed in free time from the main job, then part-time work is performed within working hours - therefore, it is not additionally reflected in the working time sheet. And if wages are paid for part-time work, then an additional payment is established for part-time work. When state labor inspectors examine this issue during inspections of compliance with labor legislation, a problem often arises in the interpretation of the documents provided: for example, an employee, according to an employment contract, performs work on a part-time basis, but the working time sheet reflects only the main work, and therefore It is not clear why the employee does not work part-time and for what in this case he is paid wages. Or vice versa: an employee works during the day, say, as a janitor, and at night he goes to work as a watchman.

But one time sheet is kept, one salary is paid, and an additional payment is established for part-time work, although in fact there are signs of part-time work, since the second job (watchman) is performed in free time from the main job.
Since part-time work is a second, independent job, the employee must be paid a salary for it along with all allowances, regional coefficients (in those regions where they are provided), additional payments, and bonuses.

For combination, an additional payment is established, the amount of which, in accordance with Art. 151 of the Labor Code of the Russian Federation, is established by agreement of the parties. This additional payment is only part of the salary, but not the full salary.

Everything that has been said can be schematically summarized in a table ( see above).

What will practice say?

Let's look at several situations that have arisen in practice for different employers.

Combination or part-time?

The employee has been hired as a junior researcher. An employment contract was concluded with him, according to which the employee’s workload was set at 1.5 times the rate.

Based on the employment contract, a hiring order was issued, according to which the employee was accepted into a government agency for the position of a junior researcher at 1 rate and 0.5 part-time rate. At the same time, no employment contract for part-time work was concluded with the employee. At the same time, in fact, the employee performed work within the normal working hours, one working time sheet was kept for him, which are signs of part-time work, not part-time work. By order, based on the employee’s personal statement, the additional payment in the amount of 0.5 times the rate was canceled.

In this situation, a dispute arises: under what conditions - part-time or part-time - does the employee work?

Firstly, according to Art. 68 of the Labor Code of the Russian Federation, the order for employment must comply with the employment contract, which is not observed in this case: in the employment contract - 1.5 rates; in the employment order, 1 rate is for the main job and 0.5 rates for part-time work.

Secondly, there is an obvious discrepancy. On the one hand, the employment order contains a direct indication that work in the amount of 0.5 rates is part-time. On the other hand, the absence of a second order (for part-time work) on hiring, the absence of an employment contract on part-time work, and the employee’s actual performance of work within working hours indicate that the work was performed on a part-time basis. It seems necessary that in this matter the parties bring the documents into proper form, resolving the issue under what conditions the additional work is performed. We are inclined to believe that the additional work in this case is performed on a part-time basis, since it occurs within one working time, for which the employee was not paid a salary, but an additional payment of 0.5 times the rate.

Main job or part-time job?

The situation in another budgetary institution - the school - turned out to be no less confusing.

The employee was hired at the school for the position of head teacher, in accordance with the employment contract dated 2003. In accordance with this employment contract, this work is the main one.

In 2006, the employee was transferred to 0.5 head teacher rate and worked under such conditions until 2009. Moreover, in violation of Art. 72 of the Labor Code of the Russian Federation, the agreement to change the terms of the employment contract with the employee was not properly drawn up.

Thus, from 2006 to 2009, an employment relationship actually developed with the employee under the terms of an employment contract for 0.5 of the head teacher’s rate. This fact is confirmed by pay sheets and its tariffication for the corresponding years, from which it follows that the employee was assigned a workload of 0.5 times the rate and wages were accrued in the same amount. Considering that, in fact, the parties continued their employment relationship under such conditions for 3 years, we can say that it was on these conditions that these relations developed, although they were not properly brought into compliance with the law.

At the same time, by agreement with the employer, the employee begins to teach classes in grades 10-11 in an amount corresponding to the salary rate of a secondary school teacher - 18 hours a week, for this a part-time employment contract is drawn up with her.

From September 1, 2009, the employee was transferred to 0.25 of the head teacher’s rate, which is confirmed by her tariff schedule for the 2009-2010 school year. year, personal account. The employee, also in accordance with the procedure established by law, did not appeal this change in the terms of the employment contract. The parties continued their employment relationship on these terms for another year. We believe that this can be regarded as the employee’s oral consent to change the terms of the employment contract, which, again, in violation of the law, were not properly formalized. At the same time, the employee continued to teach classes for 18 hours a week.

Finally, in September 2011, by order of the director, 0.25 of the head teacher’s salary was removed from the employee and transferred to another employee. The employer motivated this by the fact that the employee could not cope with the work function of the head teacher, did not draw up the school schedule in a timely manner, and had not completed a number of necessary methodological documents. But this time the employee wrote on the order that she did not agree with this order, and the employer was forced to return the original position: “return” 0.25 of the rate to the employee.

What do we have as a result? Initially, the load on the main job was reduced from the volume of the wage rate to 0.25 of the wage rate. Circumstances allow us to say that in fact both parties agreed to this, no one appealed against the changes in labor relations, and the parties worked under these conditions for a long time. If the employer had withdrawn the last 0.25 of the wage rate, then the employee would not have been provided with work at her main place of work, in violation of Art. Art. 21, 22 of the Labor Code of the Russian Federation, which guarantee the employee the right to provide work for a specified labor function and at the same time oblige the employer to provide the employee with work. In fact, the employment relationship for the main job would have ceased, but, knowing the previous development of history, it is safe to assume that again no one would have formalized this properly.

In addition, in the end, the parties came to the conclusion that currently the employee’s main work as a head teacher amounted to 0.25 times the salary, and her part-time work as a teacher amounted to a number of hours corresponding to the salary rate of a secondary school teacher . And this, under these conditions, allows us to talk about the substitution of types of employment contracts: main and part-time. It would have been more logical to bring the actual conditions of labor relations into the proper form back in 2009: to formalize the part-time work of a head teacher in the amount of 0.25 of the wage rate, and the work of a teacher as the main place of work in the amount of the wage rate.

Part-time work while working?

The employee is hired as a loader by the employer both at his main place of work and part-time. The part-time employment contract states that the employee’s working hours are established in accordance with the Internal Labor Regulations, which, in turn, stipulated a five-day working week for the company’s employees from 08.00 to 17.00. At the same time, according to Art. 282 of the Labor Code, part-time work is performed in free time from the main job.

Thus, it is not clear exactly what time the employee had to work if, when working part-time, the working day began for him and when it ended. In fact, the employee worked from 08.00 to 17.00.

Then the employer formalized the employee’s absence from work from the date of concluding the part-time employment contract and canceled the part-time employment contract. And this was done in order not to pay for sick leave: in connection with an accident at work, the employee presented sick leave for payment for both places of work. The employee worked within the time limits established by the Internal Labor Regulations, to which the part-time employment contract referred, but in fact it was during the working hours established for the main job.

If we assume that the employee performed this work on a part-time basis (during regular working hours), and not on a part-time basis (outside working hours), then he should have paid an additional payment for the combination, which would have been included in the employee’s average earnings when it was calculated. However, this was not done either. At the same time, it was not clear from the terms of the part-time employment contract at what time the employee would go to work part-time, and he went to work in accordance with the Internal Labor Regulations. Let us add that in the court of first instance the employee was unable to prove the fact of working part-time. Currently, the employee has filed a cassation appeal.

Internal part-time work as an escape from overtime work?

In a private security company, the State Labor Inspectorate conducted an inspection of compliance with labor legislation following a complaint from one of the employees. The worker complained about enormous overtime. During the inspection, this fact was confirmed: the guards actually worked 200 or more hours a month. The state labor inspector issued an order to pay workers for overtime hours, in accordance with Art. 152 of the Labor Code of the Russian Federation, in an increased amount.

The employer explained that he had a newly opened enterprise and would not be able to pay employees that amount of overtime work. However, he complied with the order, and henceforth he formalized labor relations with the security guards both for his main job and for work on a part-time basis. Then the same 250 hours of work per month were formalized as follows: 178 hours - the standard hours for the month, which the employee worked, and the remaining 72 hours were part-time work, which was paid in proportion to the time worked in a single rate.

Often, part-time work becomes a way to avoid paying increased overtime. In accordance with the Labor Code, overtime work is paid at time and a half (the first two hours) and then at double time. Part-time work - in proportion to the time worked - at a single rate.

Therefore, the employer, taking into account that the employee overworks the established norm of hours every month, draws up a part-time employment contract with him and these hours become not overtime hours, but hours of part-time work.

In practice, such cases often occur with workers who work as security guards, watchmen, boiler room operators - that is, workers working on shift work hours.

Combination under the terms of an employment contract?

When combinations are included in an employment contract, it sometimes becomes a real headache for the employer. And only he is to blame for this.
The employee was hired by the organization as an accountant.

When she was hired, the employer offered her, while the cashier position was temporarily vacant, to additionally perform the labor function of a cashier until an employee was hired for this position. The employee agreed, and a condition was added to her employment contract that she would be given an additional payment for combined work in an amount determined by the parties, but no clarification was made that this additional payment would be paid to the employee only if she performed additional duties.

The employee performed this additional work, for which she received her additional payment.

After some time, they stopped paying her this additional payment, since in fact the employee’s performance of these additional duties ceased, for which a corresponding order was issued.

But the worker, not agreeing with this order, contacted the State Labor Inspectorate. The State Labor Inspector, taking into account that the additional payment was established by the employment contract, and was removed unilaterally by order of the employer, in violation of Art. 72 of the Labor Code of the Russian Federation, no agreement was concluded to change the terms of the employment contract determined by the parties, issued an order to the employer to pay this additional payment to the employee, and canceled the order to remove it as issued in violation of Art. 72 of the Labor Code of the Russian Federation.

We believe that in this case, the employer needed to formalize the condition for establishing an additional payment for combined work not by an employment contract, but by a separate order. Any document can be changed or canceled only by a document of the appropriate level: an employment contract is an agreement to an employment contract, since it is a bilateral act, an order is an order. Therefore, by order changing the terms of the employment contract regarding the additional payment established for the employee for combination work, the employer acted unilaterally. In connection with the above, we believe it is more appropriate to establish the condition of combination not in the employment contract, but in the order.

Thus, for proper registration in practice of part-time and combination work, it is recommended:

To avoid documentary confusion, it is necessary to immediately determine at what time the employee will perform additional work: within working hours - then we are talking about combination (the corresponding order/instruction, the employee’s consent, additional payment, one time sheet); in free time from the main job - we formalize a part-time job (employment contract, employment order, separate time sheet, separate salary, separate vacation with its payment, etc.);

To formalize the combination not by introducing a condition into the employment contract, but by issuing a separate order, since an order can be canceled or changed by order, and to change the terms of the employment contract, agreement of the two parties is required;

If the order on combination contains a specific period for which the condition on combining workers of professions (positions) with the accrual of the corresponding additional payment is valid, then the condition on combining is terminated upon the expiration of this period, while issuing a separate order on the termination of the employee’s duties for combining and removing the additional payment not required. If the order was issued for an indefinite period and the parties did not initially discuss the period (for example, “work for now, and then we’ll see”), then in order to remove the additional payment and terminate additional responsibilities for combining, it is necessary to issue a separate order with prior notification to the other party no later than for three days.

Usually, to remove an acting executive from the duties of a manager, an actual demotion is required; to avoid this situation, if there is no 100th confidence that the employee will cope with the responsibilities, formalize the combination of positions. This right is given to you by Article 60.2 of the Labor Code. According to its provisions, the employer may offer the employee, in addition to his current duties, to additionally perform the functions of a department head for a certain time. If time shows that the specialist still cannot cope with the responsibilities of the head of the department, you will be able to cancel the combination order ahead of schedule. To do this, you will need to notify the employee about this at least three working days in advance. The combination of positions must always be documented in writing. Draw up and sign an agreement with the specialist, indicating the duration of the combination, the amount of work and the amount of additional payment.

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Combining jobs is the process of performing two or more jobs in addition to the main professional responsibilities. This type of professional activity does not make it possible to work during the exempt period from main duties.
The employee must be able to complete both primary and additional work in one working day. Cancellation of combinations and removal of additional labor functions must be documented.
The final stage of the presented procedure will be the issuance of an order. To consider the features of document preparation, we suggest that you read this article.

The procedure for canceling combinations at the initiative of the employer

The concept of “combining positions” implies that an employee performs certain professional duties that go beyond the scope of his job description. The peculiarity of this type of activity is that all duties, including basic and additional ones, are performed strictly during working hours.
Another feature of this type of combination is the absence of the need to draw up and sign a new employment contract. The very fact of part-time work is noted in an additional agreement, which is signed by the employee and the employer’s representative.
Just like registration, termination of combination must also be recorded in writing, in accordance with the established procedure.

Combination and its termination: the correct procedure for registration

Important

To do this, the employer should issue an order to cancel the combination of positions from a certain date, which the employee becomes familiar with under signature. From the moment the combination is cancelled, there is no reason to make an additional payment for it.

Attention

Justification for the position: According to Art. 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 a different or the same profession (position) for additional pay. Additional work assigned to an employee in another position can be carried out by combining positions. Assigning such additional work to an employee does not require amendments to the employment contract concluded with the employee, as well as the conclusion of a separate employment contract. By virtue of Art.

How to formalize termination of combination

The courts adhere to a similar position (see, for example, the ruling of the Investigative Committee for civil cases of the Moscow City Court dated December 16, 2011 N 33-32917, the ruling of the Investigative Committee for civil cases of the Moscow City Court dated November 22, 2010 N 33-35926/10, the ruling of the Sverdlovsk Regional Court dated November 22, 2011 N 33-16272/2011). In our opinion, improper execution of an assignment to an employee to perform additional work in the form of combining positions should not prevent the application of the rules governing the actual relations of the parties, in the case under consideration - part four of Art. 60.2 of the Labor Code of the Russian Federation. Moreover, the courts in such cases stop the employer from paying additional pay for the employee performing additional work in connection with the cancellation of the order to perform it in accordance with Art.

Order to cancel combining positions - design features

This means that each company can only hire him for four hours a week. Make sure that the part-time worker's daily work hours do not exceed four hours a day.

However, there are exceptions - cases in which he can work more. This is possible when an employee:

• free from main job responsibilities;
• suspended work in case of delay in wages for a period of more than 15 days (Part.
  second st. 142 Labor Code of the Russian Federation);
• suspended from his main job (Article 76 of the Labor Code of the Russian Federation).

How to issue an order to cancel combining positions?

The amount of the surcharge is set by the employer. Be sure to include the amount in the agreement. Useful article: Read more about combining the position of a manager with an acting manager in the material.

Read on the topic in the electronic magazine How to cancel a combination of positions If another specialist takes the position for which the employee was a part-time worker, two options are possible in this situation: If the employee interrupts the combination on his own initiative, you need to receive a statement from him in which he asks cancel alignment. The employee has the right to refuse to perform additional work.

It is impossible to apply any sanctions to him for this. However, the employee must notify the employer in writing that he wants to stop combining, in writing, at least three working days in advance (Part 4, Article 60.2 of the Labor Code of the Russian Federation).

Important clarification! If the agreement on establishing a combination that you previously concluded with an employee specifies a specific date when this combination will end and this date coincides with the day when you want to cancel additional work for the employee, then an order to cancel the combination is not necessary. Otherwise, issue the order in the usual manner and familiarize the employee with it against his signature.

How to cancel a combination if an additional position is being eliminated To cancel a combination, you must decide to reduce the additional position. Issue an order to optimize the number of employees (in free form).

Draw up a notice to the employee about the termination of combining professions. Familiarize the employee with the notice against signature three working days in advance (Art.
60.2 of the Labor Code of the Russian Federation).

How to cancel a part-time job in another position

Management is faced with the task of registering a new employee as a part-time employee in all other companies. Moreover, this must be done legally, so that inspectors from the state labor inspectorate cannot find fault.

• The date of compilation of this document, as well as the required signature of the author.
If the initiative to terminate the combination comes from the head of the organization, his responsibilities will include drawing up a corresponding notification. There is also no special form for it, but you need to check that the following information is required:

• exact name of the document;
• an appeal to the employee, as well as the exact essence of this appeal;
• reference to a previously concluded document - additional agreement on the establishment of combination;
• date of preparation of the document and signature of the manager.

At the end of the notification, it would also be a good idea to make a note indicating that the employee has familiarized himself with the information provided, on which he will subsequently put his own signature.

Internal combination of positions in an organization is a fairly common practice. This option is beneficial for both employers and employees. But in some cases, it may be necessary to cancel the combination, which can be initiated by any party. How to cancel a combination at the initiative of the employer? What documents will be required? How to cancel additional payment to an employee for combining professions? The answers to these and other questions are in our material.

When is it permissible to stop combining?

Combination assumes that an employee, with his consent and for appropriate payment, is entrusted with performing additional work within the limits of his working day in the same or another position (profession). To work on a part-time basis, an additional agreement is concluded to the main employment contract.

In accordance with Article 60.2 of the Labor Code of the Russian Federation, both parties have the right to initiate the cancellation of the combination. And this can be done ahead of schedule, without waiting for the end of the deadline. To prevent the emergence of controversial situations, all documents must be drawn up correctly and in accordance with the requirements of current legislation.

If it is difficult for an employee to carry out additional work assigned to him by the employer, and he decides to refuse to combine work, he should notify the employer about this in writing. The application must be sent no later than three working days before the termination of additional activities.

If the initiator is the employer, he is obliged to draw up a notice of removal of the combination and transfer it to the employee within the same time frame - 3 working days. The employee must read the notice and sign it.

The most common reasons for completing a combination of positions are as follows:

• the combination period established by the additional agreement has expired;
• a new employee was hired for a combined position;
• the employer no longer needs the employee to perform additional work functions;
• the employee is no longer satisfied with the combination of positions on the previously agreed conditions.

How to carry out the cancellation procedure in accordance with current legislation

The procedure for removing a combination of jobs at the initiative of the employer or employee will directly depend on the documentation of the combined employment relationship:

• If the parties have entered into an additional agreement on combining for a certain period, upon expiration of the agreed period, the combination will end automatically. In this case, there is no need to approve the order to remove the combination.

• If the cancellation of the combination is carried out on the initiative of one of the parties ahead of schedule or under an open-ended additional agreement, the employer will have to issue an appropriate order. It will need to indicate the reason for canceling the combination.

If an employee does not want or cannot perform additional functions, he must write an application to cancel the combination of positions, a sample of which is drawn up in free form. It should state the request in detail and indicate all the necessary information. The employer is obliged to hand-write the resolution - this record will serve as confirmation of familiarization with the application.

When the initiator is the employer, he should notify the employee in writing three working days in advance by sending the appropriate notice. The document also does not have a form approved by law. After receiving the notification, the employee must put his signature on it with the wording “I have read the notification” indicating the date of familiarization.

Then you need to issue an order to remove the combination of positions, a sample of which will be presented below. The issuance of an order will confirm the completion of cooperation between the employer and employee in terms of combination. The order must be issued within the above three days.

So, in order to cancel a combination at the initiative of the employer or hired employee, it is necessary to prepare the following documents:

• application for removal of combination or notice of cancellation of combination;
• corresponding order.

Drawing up an order

An order to remove the combination (you will find a sample below) is issued regardless of who is the initiator of the termination of this type of employment relationship. The document may consist of two sections:

• the first section contains an order from the organization’s management regarding the abolition of combining positions;
• the second section contains an order to cancel the additional payment for combining positions.

The document must include information about the reason for stopping the combination of job functions. To remove the additional payment for combining positions, you can issue a separate order, the text of which will look something like this:

“Stop additional payments to Medvedev R.Yu. for the combined position of a courier in the amount of 5,000 rubles. per month from 07/04/2018.”

When drawing up an order, the following recommendations must be taken into account:

• the document must indicate the full name of the organization, the date and place of preparation, and the number assigned to the order;
• indication of the reason for termination of the combination is a prerequisite;
• the order must indicate information about the combined position and the cancellation of the additional payment;
• the employee with whom the combination is being terminated must familiarize himself with the order;
• if the employee refused to put his signature confirming familiarization with the order, an appropriate note should be made in it.

Quite often, employers have a need to redistribute human resources. Accordingly, the correct execution of an order to combine positions is an integral skill that should be endowed with personnel department employees and enterprise managers. The editors of the site decided to understand the procedure for drawing up the document, as well as other papers related to the combination.

Article 60.2 of the Labor Code regulates the possibility of an employee combining positions and professions. Combination is possible only with the written consent of the employee. At the same time, he may be entrusted with performing not only the work specified in the employment contract, but also other duties in his or another profession. For this work, the employee is entitled to an additional payment to his salary. The legislation provides for several similar forms of legal relations in which an employee performs not only his own work, but also the duties of another employee. Let's take a closer look at them.

Types of part-time activities

Current labor legislation identifies the following forms of legal relations related to additional employment:

1. Combining or expanding service areas or increasing the volume of work, including by performing the duties of a temporarily absent employee;
2. Part-time job.

Combination involves the performance of additional duties that are carried out during the working hours established by the employment contract. For example, if an employee’s work schedule is from 8 a.m. to 5 p.m., then during this time he performs both his own duties and additional ones. It is especially worth noting that in this case he is performing work related to another profession.

The concept of “part-time work” means that a second employment contract must be concluded with an employee who will perform additional work. The fulfillment of duties under this agreement must take place during free time from the main job. That is, if an employee works from 8 to 17, then from 17 to 19 he must perform work under the second employment contract. We emphasize that in this case, at the request of the part-time worker, an entry can be made in the work book stating that he worked under the second contract.

In cases where the combination occurs in the same profession or position specified in the employment contract, we can talk about expanding service areas or increasing the volume of work.

When performing the duties of a temporarily absent employee, the employee may be entrusted with performing duties both in his specialty or position, and in another.

The existing procedure for registering the provision of additional work is determined by the practice of enterprises. It consists of several actions, which we will discuss below.

Preparation of a proposal for combination

The form of such a proposal is not defined in legislative acts. Therefore, at each enterprise this document is drawn up in free form. After receiving the proposal, the employee must mark “agree” or “disagree” on it.

If the possibility of combining is discussed during the employment process, then the need to draw up such an offer, in principle, disappears since such details can be agreed upon within the framework of the employment contract.

Conclusion of an additional agreement to the employment contract

The additional agreement must contain the conditions for providing part-time work. First of all, it is indicated that the work is assigned with the written consent of the employee. Then data about the profession or position for which the employee will perform additional functions is entered, the scope of work and its details are specified. It is mandatory to enter information that the work will be performed during regular working hours, and the deadline is also indicated. In addition, the agreement must contain data on the amount of additional payment for performing additional functions.

It is worth remembering that the additional agreement is published in two copies, one of which remains with the employee. The employee confirms receipt of his copy with a signature and date of receipt on the document, which remains with the employer.

Order to combine positions in one organization

At the last stage, an order is issued. Each organization develops its own sample order for combining positions - the unified form of this document is not approved by law. A sample of it is presented below.

The final paragraphs of the order are intended to indicate the basis for the appointment, as well as to certify the document with the signatures of managers and an accountant.

Additional payment for combining positions

According to Article 151 of the Labor Code of the Russian Federation, the employer is obliged to make additional payments to employees who work part-time. The amount of this additional payment is determined by agreement of the parties and is fixed in an additional agreement to the employment contract, as well as in the order. In this regard, a sample order for additional payment for combining positions is not approved by law.

Cancellation of combined positions

The algorithm for canceling a combination of positions depends on how it was formalized. If the order specified a specific period for which the employee will occupy an additional position, then cancellation occurs automatically after this period. If the legal relationship was formalized indefinitely, then it is necessary to draw up an order to cancel it, indicating the reason.

Termination of legal relations can be formalized at the initiative of the employee or employer. In the first case, the employee submits a corresponding application. In the second case, the employer submits a notice no later than three days before the completion of additional functions. During these three days, an appropriate order must be issued.

Existing legislation has not approved a sample order for the abolition of combining positions, so it is drawn up in an arbitrary order. However, it must include the following information:

1. Job title;
2. Period of work completion;
3. Its volume;
4. Set wages.

A sample order to remove combined positions is presented below.

We emphasize that an employee’s refusal to perform additional functions is his right. And the use of this right does not entail any legal consequences or penalties on the part of the manager.