Increasing the scope of work in accordance with the Labor Code of the Russian Federation
Increasing the volume of work involves assigning an employee work in his own specialization. It is assumed that this work is not specified in the original employment contract. The procedure is regulated by Article 60.2 of the Labor Code of the Russian Federation. Additional load is assigned if the following conditions are met:
- No separation from core activities.
- Performing duties within the standard working hours (based on Part 1 of Article 60.2 of the Labor Code of the Russian Federation).
Article 60.2 of the Labor Code of the Russian Federation stipulates additional conditions for increasing the scope of work:
- Obtaining written consent from the employee.
- Carrying out activities in another or original position.
- The manager is obliged to pay the employee extra for additional assignments.
An increase in the scope of work is introduced based on the worker’s application.
IMPORTANT! The employer needs to know what exactly is meant by an increase in the volume of work. As part of this procedure, the manager can assign an employee work performed within the boundaries of his position, the volume of which is greater than standard. If the worker is assigned another job, the design will be slightly different. For example, in case of internal part-time work, the employer needs to draw up an additional employment contract.
Answer:
Having considered the issue, we came to the conclusion that systems of additional payments and bonuses as incentive payments are established by collective agreements, agreements, and local regulations (Articles 129, 135 of the Labor Code of the Russian Federation).
The procedure for establishing incentive payments to employees is determined by the organization; this procedure is not established by current legislation.
If the volume of work increases without exemption from the work specified in the employment contract, the employee is paid an additional payment, the amount of which is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Articles 151, 60.2 of the Labor Code of the Russian Federation).
If there are no agreements with employees on the establishment of additional payment for an increase in the volume of work, and the payment is established by order of the manager, the specified payment is made on the basis of the order.
It follows from the order that the increase in the volume of work was of a one-time nature and is associated with a certain event (inspection), therefore, the bonus is a one-time one.
Rules for registration of additional work
IMPORTANT! A sample order for establishing additional payment to an employee for increasing the amount of work from ConsultantPlus is available at the link
In order to correctly process the additional payment, you need to correctly document the increase in the scope of work. Each stage involves drawing up a corresponding document.
Application for increasing the scope of work
The application is drawn up in a standard form: “header”, title, text itself, date and signature. Let's take a closer look at the list of information that needs to be included in the document:
- Manager's position and place of work.
- Full name of the head.
- The employee's position and full name.
- Title of the application (“on consent to perform the work”).
- Request for an increase in the scope of responsibilities.
- Content and scope of work, duration of their implementation.
- Amount of surcharge.
At the end of the application there must be the position of the manager and his signature.
How to specify the condition on the amount of additional payment in an additional agreement to an employment contract on increasing the volume of work?
Service memo
Based on the application, a memo is drawn up. It is sent from the head of the company to the director. Let's consider the information that needs to be mentioned in the memo:
- The title of the manager's position, his full name, and the name of the company.
- The employee's position and full name.
- Document's name.
- A request to assign additional work to an employee and its justification (for example, one of the employees going on vacation).
- A request for additional payment in the established amount.
- The position of the sender of the note and his signature.
The form of the memo is also not established by law.
Order on the introduction of work and additional agreement
After receiving consent from the employee, an agreement should be drawn up, which is attached to the employment contract. The document contains the following information:
- The content of the work.
- The period of its introduction.
- Amount of surcharge.
Based on this agreement, an order is drawn up. It contains the following data:
- Name of the organization.
- The name of the document and its number.
- Date of preparation.
- An order to assign additional work with reference to the relevant articles of the Labor Code of the Russian Federation (in particular, articles 60.2, 151).
- Manager's signature.
The employee must be familiarized with the order and signed. Without this, the document will not be valid.
Sample order for additional payment to increase the volume of work
What is an increase in the scope of work according to the Labor Code of the Russian Federation?
Due to production needs, management has the right to involve personnel in additional work. Stat. 151 of the Labor Code of the Russian Federation provides for four options for such employment for key employees:
- Increasing the volume of work.
- Combination of professions or positions.
- Expansion of service area.
- Performing the functions of a temporarily absent employee.
In this case, the specialist is not relieved of his duties in his main job. And additional duties can be performed under the following mandatory conditions (stat. 60.2 of the Labor Code):
- Availability of specialist consent (written) to perform additional work.
- Performing additional duties without interruption from the main job, during the daily working hours established for an individual.
- Agreement by the parties on the timing, volume and content of the assigned work beyond the basic functionality.
- Establishing the amount of additional payment by mutual agreement, taking into account the complexity, volume and content of the duties.
If the employee agrees to increased intensity of employment, an additional agreement to the primary employment contract and an order for additional payment for an increase in the volume of work are drawn up - a sample is given below. The first document (agreement) indicates for what period and what responsibilities are entrusted to the specialist; The amount of the additional payment is given and the term of employment under the new conditions is indicated.
After signing the additional agreement, an order for additional payment for the additional amount of work is issued. Its contents are communicated to the specialist under a personal signature. Let's look at how to correctly compose an order.
How to issue an order to increase the scope of work
At the moment there is no unified form of such an order. This means that the employer has the right to independently develop the form. If the organization has already approved a standard template, it should be used.
The document can be drawn up by hand or using a computer. To do this, it is recommended to use company letterhead. Information about the order (number, date and name) must be entered in a special journal for registering orders. Include the following information in the document (with a generally accepted structure):
- “Hat” - enter the details of the employer (name, address, contact phone number), No., date and place of drawing up the order, its title.
- Main block - all important administrative information is provided here. The following information must be provided: Regulatory and operational grounds for issuing the order.
- Information about the employee who is assigned additional responsibilities.
- List of additional work.
- The amount of the surcharge is given in numbers and words.
- Date of increase in employment volumes.
- The person responsible for the execution of the order.
There is no need to put a stamp. The document is usually printed in a single copy. Copies are certified if necessary.
Source: https://raszp.ru/zarplata/prikaz-o-doplate-za-dopolnitelnyy-obem-raboty.html
How to determine the amount of surcharge?
The amount of additional payment is determined, as a rule, on the basis of an oral agreement between the employer and employee. The legality of the agreement between participants in the labor process is established by part 2 of article 151 of the Labor Code of the Russian Federation. When calculating the amount, the following factors are taken into account:
- Content and scope of new responsibilities (Article 151 of the Labor Code of the Russian Federation).
- Qualification of the employee, complexity of the work, volume of work and its conditions (Articles 129, 132 of the Labor Code of the Russian Federation).
- The obligation to introduce equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation).
The surcharge can be entered either as a flat amount or as a percentage. The law is silent on the exact amount of (minimum/maximum) remuneration.
Question: How to reflect a one-time payment to an employee for an increase in the volume of work and service areas: as a bonus or as an additional payment? How to apply for such a job? Is it included in income tax expenses? View answer
How to remove additional payment for increasing the volume of work?
To remove the additional payment, you need to remove the employee’s responsibilities for performing the assigned work. The manager needs to issue an order to stop accrual of remuneration. Based on this document, the accounting department stops payments.
IMPORTANT! The increase in the scope of work can be stopped after the deadline for its introduction has expired. For example, an employee is assigned additional responsibilities for the period from June 1 to June 20. Payments stop on June 21. The manager must draw up an order in any case.
The increase in the scope of work may be terminated early. The formalization of this depends on whose initiative the termination of the previous agreement occurred. If this is the initiative of the worker, then a statement is drawn up, if the initiative of the employer is a notification, which must be familiarized to the employee against signature. The document is sent to the interested party three days before the load is reduced. For example, if it is expected that the employee’s duties will be removed on July 23, the application must be sent on July 20.
Additional questions
Is information about the increased workload entered into the employee’s work book? No, you do not need to provide any additional information. This is relevant even if the employee combines several positions at once.
Is it possible to introduce an increase in the scope of work without additional payment? This is only possible if the corresponding provision is contained in the employee’s job description. For example, the document may indicate that the employee must perform the functions of an employee going on vacation without receiving remuneration. In this case, the absence of additional payments will be completely legal. This is due to the fact that the employee will perform work within the framework of the concluded contract. The corresponding rule is in the Letter of the Ministry of Health and Social Development dated March 12, 2012 No. 22-2-8970.
IMPORTANT! If the job description does not oblige the employee to completely replace an absent employee, a partial additional payment may be established.
Commentary on Article 60.2 of the Labor Code of the Russian Federation
1. Article 60.2 establishes the rules for engaging an employee, along with the work specified in the employment contract, to perform additional work in a different or the same profession (position) during the established duration of the working day (shift).
2. According to Part 1 of the commented article, the employer can entrust an employee to perform such additional work only with his written consent and for an additional fee. The amount of additional payment in accordance with Art. 151 of the Labor Code is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (see commentary to Article 151).
3. In accordance with Part 2 of Art. 60.2 additional work assigned to an employee along with the work specified in the employment contract can be performed by him in the order of combining professions (positions), by expanding service areas, increasing the volume of work, or in connection with the assignment of duties of a temporarily absent employee.
Combination of professions (positions) is the performance by an employee, along with his main work in the profession (position) determined by the employment contract, of additional work in another profession (position) for the same employer during the duration of the working day (shift) established for him. As a rule, the employee is entrusted with combining a vacant position or profession.
In contrast to combining professions (positions), when expanding service areas or increasing the volume of work, the employee performs work in the same profession or position, which is stipulated by the employment contract, but to a greater extent compared to what he performed in accordance with the employment contract.
The performance by an employee of the duties of a temporarily absent employee without releasing him from work in the profession (position) stipulated by the employment contract is permitted both in the same profession (position) that the employee performs in accordance with the employment contract, and in another profession (position).
It should be borne in mind that in cases where, in order to fulfill the duties of a temporarily absent employee, an employee is released from work stipulated by the employment contract, then in this case there is a temporary transfer to another job to replace the temporarily absent employee. Such a transfer is carried out in the manner prescribed by Art. 72.2 (see commentary to it).
4. The law does not establish either a minimum or maximum period for which an employer can entrust an employee to perform additional work along with his main job. In each specific case, the period during which the employee will perform additional work in the order of combining professions (positions), expanding service areas, increasing the volume of work, or in connection with the assignment of duties to a temporarily absent employee, is determined by the employer with the written consent of the employee (Part. 3 Article 60.2). If the employee does not agree with the period determined by the employer, this period may be determined by agreement of the parties. If the parties cannot agree on the period during which additional work must be performed, the employee has the right to refuse to perform it.
The period during which an employee, without release from work specified in the employment contract, will perform the duties of a temporarily absent employee is limited by the period of absence of this employee.
5. According to part 4 of the commented article, the deadline for completing additional work determined by the parties is not binding on them. 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 in advance.
At the same time, as follows from the content of this norm, neither the employee nor the employer is obliged to indicate the reason why they early refuse the agreement to perform additional work.
Employer's liability for lack of payments
The employer, unless otherwise provided by law, is obliged to pay additional payments to employees. If he does not do this, he can be brought to administrative responsibility. In particular, the employer is issued a fine in the amount of 1,000-5,000 rubles. The amount of the fine is established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
How to hold an employer accountable? You can contact the labor inspectorate. Upon the employee's application, the company is checked. An alternative option is to file a claim in court. The second option is more preferable. When contacting the labor inspectorate, you need to understand that the inspection will not be carried out immediately. As a rule, it is carried out within a month. During this period, the conflict that has arisen may no longer be relevant. Moreover, it is quite difficult to detect an offense during an audit.
