The employer assigns additional work without additional payment. Part 3. How to refuse without harming yourself

Assigning additional responsibilities to employees

Additional responsibilities: how to assign an employee

Here it is worth referring to Article 60 of the Labor Code. According to this rule, employees cannot be required to fulfill obligations that are not contained in the original agreement between them and their employers.

Each enterprise draws up special job descriptions that describe in detail the range of responsibilities. Often it is wide enough without additional loads.

The employee must familiarize himself with this document, as well as with his responsibilities, on the day he signs the agreement with the other party.

The following options are available if additional work is required:

1. Standard registration of combined positions. In this case, it is recommended to rely on the provisions of Article 60.2 of the Labor Code of the Russian Federation. This means that an additional agreement is signed to the current contract.
2. The employee is hired as an internal part-time worker for another position. Here the main support is Article 60.1 of the Labor Code of the Russian Federation. Then another Labor Agreement is drawn up.

In any case, it is impossible to do without paying the employee additional remuneration.

The Labor Code does not regulate the issue of payment in any way. That’s why the manager himself and his subordinates do this. It is important to come to a compromise that suits everyone.

Developments

So, let’s consider a possible situation and the tactics of the employee’s “pre-war” behavior before launching a tough counterattack to the enemy’s attack.

Example situation:

Until today, you were just a contract lawyer. Everything was fine with you, in working order. No one thought or expected, but then, like thunder from the sky, you suddenly received a call from the reception secretary: “Come to see the boss urgently!”

Boss:
“Our HR specialist is leaving.
I am assigning you to temporarily perform additional duties as a HR specialist. Urgently study the Labor Code of the Russian Federation, migration and tax legislation, as well as 1 C and start accepting cases from the personnel officer.” You've dreamed about this all your life, right? What would be your reaction to such an attack from your boss?

Labor relations in times of emergency.

The Labor Code has the concept of “forced labor” - performing work under the threat of some kind of punishment (force). But, of course, such work is prohibited. However, labor legislation allows employers in the event of force majeure or an emergency to involve employees in work without their consent.

But, as you know for sure, the situation with coronavirus in the spring of 2021 in almost all regions was not an emergency, but a high emergency preparedness regime, which is far from the same thing. And now the situation is the same, therefore, in order to change the work schedule, transfer it to those remaining in the office, in production, etc. workers, those who are absent from the workplace must obtain written consent.

Let's figure out how to organize work during the absence of some of the staff.

New responsibilities without extra pay: is it possible?

Is it possible to assign duties without additional payment?

And here you can find a solution, but it is permissible to use only two methods.

Indication of relevant information in the employment contract. It should be written that during the absence of an employee with similar functions, his work can be performed by other team members. It is separately reported that there is no additional charge for such situations.

But this method is relevant only in the temporary absence of an employee. And in the case when the functions are really similar. This option cannot be used if the relevant information is initially missing from the Employment Contract.

Making changes to job descriptions. In this case, a change in the citizen’s labor function is assumed. This means that the employment contract itself changes, for which an additional agreement is drawn up.

The main thing is to indicate exactly which document and in which edition now becomes the main one. It is impossible to use such a solution without the consent of the worker.

The company's management must decide for itself which option would be more appropriate.

What additional payment should be established for performing the duties of a temporarily absent employee?

According to Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally.

However, the work must be done. Today we’ll talk about options for assigning the duties of a temporarily absent employee to another employee: we’ll tell you how to formalize such performance of duties, whether it is necessary to make an entry in the work book, and answer questions that arise along the way.

The Labor Code offers more than one option for fulfilling the duties of a temporarily absent employee: - without release from work specified in the employment contract; — temporary transfer; — movement; - part-time job; - fixed-term employment contract.

HR officers usually understand by acting as the performance of additional labor functions along with the main responsibilities in accordance with the signed employment contract, both for the same and for another position, providing additional remuneration.

1. Involve the employee in overtime work (Article 99 of the Labor Code of the Russian Federation).

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period. Such work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate.

There is a restriction on employees who cannot be involved in overtime work.

Also, the employer is obliged to ensure that the duration of overtime work does not exceed 4 hours for each employee for two consecutive days and 120 hours per year. To do this, it is necessary to ensure accurate recording of the duration of overtime work for each employee.

In case of oral agreements

Verbal agreement to assign responsibilities to an employee

An oral agreement allows you to avoid many formalities. The manager will not have to spend a lot of time on documentation.

But such agreements protect the employee least of all from a legal point of view. After all, the job description is not adjusted, and the salary is not recalculated.

That is, an employee has two staff units at once. And he has no additional remuneration.

An employee has every right to refuse to take over the duties of someone who is currently on leave. But it often happens that after a refusal, the employer threatens to fire you.

But in such a situation, the law is on the side of the subordinates. If dismissal does occur, then you have every right to go to court in order to protect your rights. If the outcome of the case is positive, the citizen is reinstated to his position without any problems.

Registration of combination

Based on Art. 60.2 and 151 of the Labor Code of the Russian Federation, when ordering a combination, there must be at least two documents: the written consent of the employee and an agreement between the employee and the employer. In this case, the written consent specifies the duration of the combination, content and volume of work, and the agreement specifies the amount of additional payment for additional work.

In practice, it is more convenient to formalize all the conditions of combination in one document - an agreement. It can be drawn up as a separate agreement or as an additional agreement to the employment contract. What to choose is up to the employer to decide.

In favor of concluding a separate agreement, which is not an integral part of the employment contract, is that the terms of the employment contract determined by the parties in this case do not change and the employee is entrusted with additional work, the performance of which is not provided for by the employment contract.

The basis for concluding an additional agreement to the employment contract is the fact that when an employee is assigned additional work, the conditions determined by the parties change (expanding the range of the employee’s job responsibilities or increasing the volume of his work). And since the employment contract specifies the labor function (labor duties performed by position, profession), changing the terms of the employment contract determined by the parties is possible only by agreement of the parties, drawn up in writing (Article 72, Part 1 of Article 74 of the Labor Code of the Russian Federation).

Based on one of these documents, the head of the organization issues a corresponding order.

Please note: a separate order on part-time work is also issued if the condition on combination work was initially included in the employment contract.

According to Part 4 of Art. 60.2 of the Labor Code of the Russian Federation, the employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

As follows from this provision, neither the employee nor the employer is required to indicate the reason why they prematurely refuse the agreement to perform additional work.

Establish additional payment for performing duties

establish an additional payment for performing duties

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Fulfilling the duties of a temporarily absent employee in accordance with the Labor Code of the Russian Federation

When replacing a temporary acting employee, the employee has the right to count on additional payment under Art. 151 of the Labor Code of the Russian Federation, which assumes a contractual regime for the amount in direct dependence on the assigned volume.

This option is suitable if the employee is absent from the company for at least several months and there is a possibility of designating disability later.

Is it possible to legally not pay employees extra for performing the duties of an absent employee (during vacation, illness, and

Payment for temporary replacement

Part 2 of Art. 57, art. 60.2, 72, part 2 art. 151 Labor Code of the Russian Federation.

Additional payment for performing the duties of an absent employee

• 6200 basic salary.
• 3720 rubles increase for a combined position.

The amount of the salary increase is calculated as a certain percentage of the position that the employee already holds. Payment is made based on hours actually worked in this case if the employee does not work a full shift.

Additional payment for a temporarily absent employee (Labor Code)

Usually, depending on the amount of additional work that falls on the employee’s shoulders, the amount of such additional payment is established in the agreement between the employee and the employer.

The additional payment can be set either in a certain fixed amount or in the form of a percentage of wages. The Labor Code of the Russian Federation does not limit the payment for a temporarily absent employee to the smallest or largest amount.

But such restrictions may be provided for by industry agreements, orders of higher organizations, etc.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website .

So, if an employee temporarily performs the duties of an absent employee, while simultaneously performing his duties at his main job, he is provided with additional payment (stat. 151 of the Labor Code of the Russian Federation).

Performing the duties of a temporarily absent employee

In order for the replacement of an employee to be legitimate, three criteria must be simultaneously met.

Translation on time. The employer can, on a temporary basis or even on a permanent basis, change the labor function of the employee called upon to replace the absent one (stat. 72 of the Labor Code of the Russian Federation). You can change the position and/or structural unit to the one in which the employee in need of replacement worked.

Acting as a director: additional payment

The sequence of staff vacations is established by the vacation schedule. This document is approved by the manager of the organization, taking into account the representation of the trade union organization and is irrevocable for both the employer and the employees (Parts 1, 2 of Article 123 of the Labor Code of the Russian Federation).

In general, the responsibilities of the manager, which is entirely reasonable, are assigned to his deputy. But if the position of deputy director on staff is not foreseen, then the responsibilities of the manager can be delegated to any employee of the company.

Additional payment for replacing a temporarily absent employee from what salary?

Ivanov has an hourly tariff rate of 225 rubles/hour. For a combined position, the tariff rate is set at 332 rubles/hour.

Add to favoritesSend by email Payment for substitution during vacation is a fundamental nuance in the relationship between the employee and the employer when it comes to substitution. There are many replacement methods, and the amount of the surcharge will depend on which one the employer chooses.

The amount of additional payment for performing the duties of a temporarily absent employee

• if an employee has been assigned to perform exactly the same but additional duties in addition to his own position, such a replacement will be carried out as part of expanding the service area or increasing the volume of work;
• if an employee takes on responsibilities associated with another position, we will talk about internal combination.

In the case of combining positions, an employee is given an additional payment for replacement during the vacation of the boss or another employee. The amount of this additional payment is established by agreement of the parties (stat. 151 of the Labor Code of the Russian Federation).

When increasing the volume of work or expanding the service area, the amount of additional payment and the amount of additional work are also determined by agreement of the parties.

Order on the establishment of monetary additional payment to municipal employees of the administration of the Khorol municipal district for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract

- for combining a vacant position - 30% of the official salary established for the vacant position held by a city employee;

2. Establish that the financing of expenses associated with the implementation of a real order is carried out at the expense and within the limits of funds

How are the duties of a temporarily absent employee performed?

In addition to the order and additional agreement, a notarized power of attorney is issued to the deputy to conduct the affairs of the manager.

• combination;
• increasing the volume of work;
• execution of obligations.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website .

Source: https://nashy-lgoty.ru/ustanovit-doplatu-za-ispolnenie-objazannostej/

Replacement of managers: some features

Any manager is the most important person on whom the further successful activities of the enterprise depend. Therefore, the replacement procedure requires a responsible approach.

An experienced director always agrees in advance with who will replace him. For this purpose, all documents are drawn up and specifics are specified.

The main feature is the need to issue a so-called power of attorney to replace and perform duties. It should be separately said that the deputy has the right to sign documents, use company stamps and seals if necessary.

Correct drafting of an order

Order on assignment of duties

Proper documentation will allow all participants in the process to be confident that their rights are protected. In addition, it guarantees safety when it comes to government inspections.

The first stage is to obtain consent from the employee in writing. For example, you can make an offer to combine positions.

At the second stage, they begin to draw up the order itself. Here they write about the validity period of the document, describe the responsibilities themselves that you will have to face. It is impossible to do without determining the amount of remuneration.

The order is registered using a special journal, where the document is assigned a separate number. The employee must be familiarized with the document against personal signature.

Documenting

Sequence of several stages:

1. Consent is obtained from the employee. First verbally, then in writing.
2. The employee writes a written statement if he agrees to be replaced. In practice, the manager calls the employee to his place. He explains why substitution was needed and under what conditions the process takes place. As a rule, employees agree and write a statement in any form. The document reflects:

1. The leader issues an order.
2. An additional charge will apply for combinations. The basis for the calculation is an order. The amount of additional payment is established by agreements and employment contracts. According to the rules, the employee receives payment at the end of the reporting month.

Combining professions: on introducing conditions or changing them

Documentation of combination

Typically, this scheme is used for personnel who belong to approximately the same category. For example, employees belonging to the same department can replace each other. After all, then the citizen is better familiar with the specifics of the work ahead and will cope with his responsibilities more effectively.

The main thing is that any decision on combination is accompanied by a corresponding order, drawn up in accordance with all the rules. The document must contain all important points:

• description of the full scope of additional labor;
• the amount of the amount planned for additional payment;
• the exact period during which you will need to combine two positions.

The employee is required to send additional notifications if the corresponding surcharge is reduced or adjusted in any way. The document must arrive several months before the changes take effect.

Except for cases where the innovation assumed a limited validity period. Such obligations are written in Article 72 of the Labor Code of the Russian Federation.

Several employees can simultaneously hold positions for which additional vacancies become available. Additional payment for such work and its current amount are discussed separately with each applicant.

The main rule is that the joint amount of additional payment should not be more than the single salary for the combined position. Otherwise, the very fact of combination will lose its attractiveness from an economic point of view.

The specific amount itself is established personally, between the manager and his subordinates. Additional payments are usually made only for hours actually worked. This happens when the shift is not combined in full.

Accountant's Directory

Replacing an employee during vacation or sick leave is a common practice; many regard a colleague going on vacation as a need to take on additional work. But not all managers consider it necessary to make additional payments to replace a temporarily absent employee, and many employees put up with such a violation of their rights.

How is the replacement of a temporarily absent employee paid?

The issue of payment for replacing another employee worries many people, so it should be given more attention.

It is necessary to distinguish between replacing an employee with release from his duties and combining two positions.

In the first case, there may be no grounds for additional payment - if the work performed for another employee is not more complex or the position being filled is similar to the employee’s permanent position.

In the case of combining two positions during the absence of another employee, additional payment must be required. An employer’s refusal to pay extra for combining positions will be a direct violation of labor laws.

Temporary combination of positions must be formalized by order of the manager.

The order must indicate the position to be combined, the period for which the combination is introduced (fixed terms of replacement are possible, combining positions without specifying specific terms is possible), the amount of additional work and payment for filling the position of another employee. The additional payment can be set at a fixed amount, but the parties can agree on an additional payment as a percentage of the salary (tariff rate).

A reduction in the amount of additional payment for combining two positions or its complete abolition must be formalized by order of the organization.

The employee must be notified in advance about changes in the conditions for replacing a temporarily absent employee. In this case, the warning must be in writing.

In addition, when combining positions for an indefinite period, the employee must be notified of changes in payment terms 2 months in advance.

To summarize: filling the position of a temporarily absent employee can only be done with the written consent of the employee; When combining positions, payment must be made.

Performing duties without release from the main job

The assignment of duties to the position of a temporarily absent employee without release from the main job, caused by production needs, is formalized by an order for the enterprise.

There is no unified form for such an order, so the personnel service draws up the order independently.

In such an order, it is necessary to indicate for which position the employee is assigned to perform duties, the last name, first name and patronymic of the absent employee, as well as the amount of additional payment.

The law does not establish a limitation on the period of temporary performance of duties of an absent employee; its duration usually corresponds to the period of absence of a permanent employee.

The labor function provided for in the contract with the employee does not change in this case, but is supplemented by another labor function. In its content, this is similar to combining positions (professions).

For personnel not related to management, the wording is used: “Assign to (position name, surname, first name) the performance of duties of (position name) during absence (vacation, business trip, etc.) (last name, first name, patronymic of the absent employee )".

In this case, both employees familiarize themselves with the order, a copy of the order on sending on a business trip (providing leave) is placed in the personal file of the employee sent on a business trip (vacation), and an extract from the order (regarding the order on assigning duties to the absent employee) is placed in the personal file temporary worker.

During the absence of managers, their deputies and assistants have the right to perform the duties of temporarily absent managers with the appropriate additional payment in accordance with the clarification of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965.

How is work paid for a temporarily absent employee under the labor code?

N 30/39 “On the procedure for paying for temporary substitution”, taking into account the Determination of the Cassation Board of the Supreme Court of the Russian Federation of March 11, 2003 N CAS 03-25.

If such a position is not provided, by order of the head of the enterprise another employee may be appointed temporarily acting as the first person of the enterprise.

In this case, the wording of the order is as follows: “Appoint (position name, surname, first name) temporarily acting (position name),” the reasoning part of the order indicates the reason for the absence of the managerial employee. The amount of additional payment must also be specified.

The employment contract of an employee acting as a manager must contain information about temporary substitution and the terms of his payment. The procedure for performing the duties of a manager by another official may be provided for by the charter of the enterprise.

During the absence of the head of the enterprise or another employee who has the right to sign organizational and administrative documentation, the documents are signed by the employee who is entrusted with the duties of the absentee.

Replacing an absent employee

The payment is considered a percentage of the salary of the replacement employee. How to introduce this situation into the ZUP? ZiK had a separate document for this.

Re: How to process payment for replacement in ZUP