Sample order to expand the service area. Additional payment for expanding the service area under the Russian Labor Code

The organization needs to make an additional payment to the cleaner of production and office premises for the period of vacation of another cleaner of industrial and office premises (both employees are hired at 0.5 of the cleaner’s rate and the additional payment is made as a percentage of the salary). How to fill out the documents correctly and what salary should be indicated in the order for a full-time employee or an employee’s salary for 0.5 times the rate? In the 1C program, an employee’s wages are calculated based on the salary, which immediately costs 0.5 times the rate, and on the employee’s schedule, which costs 0.5 times the rate. If the program calculates the full salary and the time worked at 0.5 rates, then in a month where the pre-holiday day is shortened by 1 hour, the employee will have an incorrect calculation and will not receive his salary of 0.5 rates. For example: full-time salary 10,000 work schedule 167 hours full-time. The employee is hired at 0.5 rate, i.e. should receive 5,000 rubles after working 83 hours. If you calculate for 10000: 167*83=4970.06 rubles, i.e. the employee will not receive his salary. All this was written for the purpose of how to write the salary of such an employee in the replacement order: 10,000 or 5,000? For example, the amount of the additional payment should be 20% of a salary of 5,000 or 10% of a salary of 10,000 (I remind you that the program makes calculations starting from 5,000 rubles)

Answer

Answer to the question:

Combination of positions- this is the performance of work in another profession during the working day (possible only at the main place of work). Draw up an additional agreement to the main employment contract!

Part-time job- performing any other work outside the main working day (both at the main place of work - internal part-time work, and with another employer - external part-time work). The maximum duration of part-time work generally cannot exceed 20 hours per week. Consequently, daily work cannot exceed four hours (Article 284 of the Labor Code of the Russian Federation). They draw up a separate employment contract for part-time work!

Temporary replacement- performing the work of a temporarily absent (due to illness, vacation, etc.) main employee (within normal working hours). Draw up an additional agreement to the employment contract.

Expanding the service area and increasing the volume of work performed- performing, along with one’s main work stipulated by an employment contract, an additional amount of work in the same profession or position. Draw up an additional agreement to the employment contract.

Thus, if the additional payment is made as a percentage, then we are talking about combining a position, or about increasing the volume of work (in relation to the position of a cleaner, as a rule, we are talking about expanding the service area). As mentioned above, this is formalized in an additional agreement to the employment agreement the agreement on the basis of which the order is issued.

The additional payment for combining positions can be set either as a percentage of the salary for the position being combined, as a percentage of the salary for the main position, or as a fixed amount for a certain amount of work. This is stated in Art. 151 Labor Code of the Russian Federation. Restrictions or links specifically to percentages of salary regarding the amount of additional payment are currently not applied.

Note:

Previously, similar restrictions were established by Resolution of the USSR Council of Ministers dated December 4, 1981 N 1145

If you apply for a combination, you can refuse to establish an additional payment as a percentage. You can indicate “For performing an additional amount of work (cleaning 250 sq.m. of area in accordance with Appendix 1 to the additional agreement, the employee is given an additional payment of 10,000 rubles per month.

If an employee will perform additional work in his free time from his main job, then a part-time job must be registered.

If workers are hired part-time, then the orders always indicate full salary, indicating that payment should be made in proportion to the time worked. You can indicate (0.5 bets) in brackets. The employee's salary must correspond to what is indicated in the staffing table. If you look at the T-3 form, you will see that in the Staffing form in column 5 the full salary is indicated, in column 4 the number of units for the position, and in column 9 the wage fund for the position is indicated, which is determined by the formula (columns 5+ 6+7+8) x gr. 4 = Payroll according to position. Accordingly, in the employment contract the salary is indicated in full, but with a clause regarding payment in proportion to the time worked (0.5 rate).

That is, indicate the employee’s salary in the employment contract in full (for a full rate), and it must be indicated that the salary is calculated for the time actually worked (for example, “The employee has a monthly salary of 20,000 rubles. The salary is calculated depending on from the amount of time actually worked").

As for the execution of the order, on the basis of Art. 68 of the Labor Code of the Russian Federation, the content of the employer’s order must comply with the terms of the concluded employment contract. Therefore, fill out the order using the unified form No. T-1 or one developed independently and in the line “Conditions of employment, nature of work” indicate that the employee is hired for part-time work with payment in proportion to the time worked.

Note: in the calculation you provided there is an error - 0.5 of the rate from 167 hours will not be 83 hours, but 83.5 hours. If we eliminate this error, then with a salary of 10,000 rubles we get: 10:167 x83.5 = 4999.999 rubles, which, when rounded, will give us 5,000 rubles.

Details in the materials of the Personnel System:

1.Answer: How to register a combination of professions (positions)

Conditions for combination

Under what conditions can an employee combine professions (positions) in the organization?

When combining professions, an employee does additional work during his regular working day. In this case, additional work is paid and is possible only with the written consent of the employee. Such rules are established in Article 60.2 of the Labor Code of the Russian Federation.

Expanding service areas and increasing the volume of work performed means performing, along with one’s main work stipulated by an employment contract, an additional volume of work in the same profession or position ().

In this case, the assignment of additional work to an employee for additional payment should be formalized by the employee and the employer signing an additional agreement to the employment contract, which will determine both the content and volume and duration of future work, as well as additional payment for its implementation (Article , Labor Code of the Russian Federation).

Based on the additional agreement to the employment contract, issue an order (in any form) to assign the employee the appropriate work and establish additional payment. Submit a copy of the order to the accounting department for calculation and payment of additional payments to the employee.

It should also be remembered that information about combining professions, expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without release from work determined by the employment contract is not entered into the employee’s work book and his personal card (, paragraph, of the Rules approved , Instructions approved).

Limitation on combined positions

Can an employee combine positions of the same name?

An employee cannot combine positions (professions) of the same name. Combination means additional work in another profession or position. This differs from combining professions (positions) from temporarily fulfilling the duties of an absent employee. When performing temporary duties, an employee can perform duties both for the same name and for different positions (professions). This follows from the provisions of Article 60.2 of the Labor Code of the Russian Federation.

In addition, restrictions on combining positions are provided for the head of the organization. Namely:

the manager should not be a member of the bodies exercising control and supervision functions in this organization. That is, he cannot combine the duties of an auditor, auditor, etc.;
the manager cannot combine the position of chief accountant. This restriction does not apply to small and medium-sized enterprises, provided that they do not belong to credit organizations. The head of a credit institution is prohibited from holding the position of chief accountant in all cases.

This procedure is provided for in Article 276 of the Labor Code of the Russian Federation, as well as Law of December 6, 2011 No. 402-FZ.

Registration of a combination for an already working employee

How to establish a combination of professions (positions) for an already working employee

If the combination is established for an employee already working in the organization, be sure to obtain his consent to the combination (). Formalize the agreement of the parties to the combination in the form (). Please indicate in it:

the work (position) that the employee will perform additionally, its content and volume;

the period during which the employee will perform additional work;

Such requirements for registration of combinations are provided for in Article 60.2 of the Labor Code of the Russian Federation.

Based on the concluded additional agreement, issue an order on combining professions (positions). The standard form of such a document is not provided for by law, so draw up the order in .

Agreement on full financial responsibility

Is it necessary to conclude an agreement on full financial liability if the position (profession) that the employee will hold involves direct servicing of inventory items?

If the position (profession) that the employee will hold involves direct servicing or use of money, goods, as well as other property of the employer, then in addition with the employee ().

Additional payment for combination

How to pay for the work of an employee who combines professions (positions)

When combining professions (positions), the employee receives an additional supplement to his salary.

Early termination of combination

How to formalize early termination of an employee’s combination of professions (positions)

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. The employee must be notified of early termination of work in a combination of professions (positions) no later than three working days in advance. If an employee wants to refuse to perform additional work early, he must also notify the employer in writing three working days in advance. This procedure is provided for in Article 60.2 of the Labor Code of the Russian Federation.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

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When an employer wishes to assign additional work to an employee, he is obliged to follow the procedure established by the current legislation of the Russian Federation. The latter includes an order to expand the service area. We will consider in detail how to draw it up and what precedes the adoption of the document in the article.

From it you will receive the following information:

How is the service area expanding?
how the amount of surcharge for expanding the service area is determined;
which includes an order to expand the service area.

Expanding the service area - basic provisions

In order to correctly formalize the expansion of the service area of a specific employee, it is necessary to draw up and register the following documents:

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Encyclopedia of personnel orders from the Personnel System.

An agreement between an employee and an employer, which legally confirms the expansion of the service area.
An order to expand the service area, certifying a management order to assign additional work to an employee.

Additional payments and payment for work activities in connection with the expansion of the service area are regulated by the Labor Code of the Russian Federation. In accordance with the provisions of Article 129, an employee’s salary should be understood as remuneration for work. The salary depends on the following factors:

Employee qualifications.
Volume, quality and labor intensity of the work performed.
Motivational and compensation payments.

Compensation payments include bonuses and additional payments for work in specific climatic zones, in areas contaminated by radiation, in conditions deviating from the established norm, etc. As for motivating payments, they are considered bonuses and similar additional payments that encourage employees to work more efficiently.

An employee who has fully worked the monthly working hours and fulfilled the established labor standards has the right to a salary not lower than the minimum wage. This is stated in Article 133 of the Labor Code of the Russian Federation.

According to Article 60.2 of the Labor Code of the Russian Federation, an employer can assign additional work responsibilities to an employee only if 2 conditions are met. First, the written consent of the employee. Secondly, an increase in salaries.

Expanding the service area must be regarded as assigning additional work to a specific employee in a similar specialty. The timing, volume and content of work activity are determined by the employer. However, only after the written agreement of the employee.

The employee must be notified 3 days in advance of any expansion of his or her duties. The law provides that an employee has the right to refuse additional work. In this case, the employer undertakes to cancel the order to carry it out ahead of schedule.

Amount of surcharge for expanding the service area

The amount of the additional payment is determined based on the terms of the agreement between the employee and the employer. To do this, the nature and content of additional work activity is taken into account. This is stated in part 2 of Article 151 of the Labor Code of the Russian Federation.

Current legislation does not set a minimum or maximum amount of additional payment. The bonus is determined either in a fixed monetary amount or as a percentage of the salary or tariff rate. The employer should remember Article 22 of the Labor Code of the Russian Federation, which obliges him to provide equal pay for work of equal value.

The judicial interpretation of Article 151 of the Labor Code of the Russian Federation has a clearly defined legal nature. For example, the amount of additional payment does not directly depend on the time that a particular employee spent on additional work.

If the bonus is given as a percentage of the salary, this does not mean that the duration of the main work activity is proportionally reduced by the given percentage. The amount of work for the main position is not reduced.

Download in.doc

Published after the written consent of the employee order on expanding the service area defines the following provisions for additional work:

Kind of activity.
Deadline.
Content.
Volume.

Additional work activities assigned to the employee must be performed together with the performance of the main job duties. Moreover, within the working hours specified in the employment contract. Additional payment for the employer’s instructions is also taken into account as part of the employee’s salary for various purposes. For example, the accrual of benefits for temporary incapacity or pregnancy.

To issue an order to expand the service area, you must first obtain a written agreement from the employee. All provisions that relate to allowances and other important points should also be specified in detail. If an employee refuses to perform duties not provided for in the contract, the employer does not have the right to force him to do additional work.

Application for expansion of service area (sample)

Assigning additional responsibilities to an employee is possible only with his written consent. An increase in the volume of work can be done at the initiative of the employer, or at the request of the employee. In the latter case, the employee submits an application to the head of the organization to expand the service area (a sample will be given in this article).

Expansion of service area

In the Labor Code, assigning additional responsibilities to an employee in addition to his main job is called combination. Expanding the service area is a form of co-location.

Examples of expanding the service area provided for in an employee’s employment contract include:

taxi driver service to additional areas of the locality;
inclusion of work with objects located in other areas of the locality in the realtor’s job responsibilities;
charging the waiter to serve an additional restaurant hall, etc.

As a rule, if an organization has several employees of the same profession (position), the features of which require the performance of work in a certain territory, each employee is assigned a territory under his jurisdiction. If one of the employees is temporarily absent for any reason (due to illness, maternity leave, etc.) or if the organization has included a new territory in its own service area, the “unowned” territory must be assigned to someone. In this regard, the manager distributes additional responsibilities among existing employees.

Thus, an expanded service area is an additional territory in which the employee performs duties in his profession, in addition to the territory assigned to him, provided for by the employment contract.

Application for expansion of service area

Drawing up this application is not a mandatory stage of registration of the combination. If the employee is assigned additional duties, at the initiative of the employer, a memorandum may be drawn up addressed to the head of the organization from the head of the department in which a vacancy or additional work has appeared, with a request to assign additional work to a specific employee. a duty that must be supported by the employee’s written consent to increase the workload.

However, in the event of a vacancy or additional work, the employee may express a desire to take on additional responsibilities. In this case, they draw up an application addressed to the manager with a corresponding request.

The application must contain the following:

to whom the application is addressed - the position and full name of the manager (for example, “General Director of LLC “Class” I.P. Martynov”);
from whom the application is made - the position and full name of the employee (for example, “from the cleaner L.A. Fedorova”);
request to assign additional responsibilities indicating the reason (“in connection with the expansion of the service area”, “in connection with the departure of another employee on parental leave to care for a child of up to one and a half years”, etc.);
an indication of the date from which the employee is ready to perform additional duties and the deadline for their completion, if one can be determined;
if desired, the amount of additional payment for expanding the service area;
date of application;
employee signature and its decoding.

After reading the application, the manager puts an inscription on the document with his decision and, if the application is satisfied, instructs the personnel employee to prepare the relevant documents. Such a statement will mean that the employee has given written consent to expand the service area. A sample application is provided below at the link.

However, in order for the combination to be legal, an additional agreement is concluded with the employee. agreement to the employment contract, which, in addition to additional responsibilities, also specifies the amount of additional payment. By signing this additional agreement, the employee must agree with all its terms.

Sample application for expansion of service area

During the organization of the labor process, moments arise when it is necessary to assign additional work to an employee. The official document that allows this to be done is an order assigning additional responsibilities to the employee. We'll talk about it in this article.

In what cases are additional responsibilities assigned?

Additional work may be assigned to an employee on the initiative of:

the employee himself. In this case, an employee, having learned about a vacant position or expansion of the service area, wanting to “earn extra money,” can contact the manager with an application to assign additional responsibilities to him. If such an application is granted, the manager instructs the personnel employee to prepare the necessary documents;
employer. When a vacant position appears in an organization (department of an organization) (an employee quits or goes on parental leave) or the service area expands, which means the volume of work increases, the manager is faced with a choice - hire a new employee or distribute additional responsibilities among existing employees. If a decision is made in favor of the second option, the manager issues, for example, an order to expand the service area. A sample of such a document will be given below.

The assignment of additional responsibilities to an employee is called combination in the Labor Code. Additional work can be carried out by expanding the service area and increasing the volume of work.

Examples of expanding the service area include:

taxi driver service to additional areas of the locality;
inclusion of work with objects located in other areas of the locality in the realtor’s job responsibilities;
charging the waiter to serve an additional restaurant hall, etc.

When registering a combination, the employer must meet two mandatory conditions:

the employee’s written consent to the combination must be obtained;
an order must be issued imposing additional duties. We will consider a sample document and the procedure for its preparation below.

Order on assigning additional duties to an employee (sample)

The form of the order is not regulated by law, but it is subject to requirements common to such documents:

the order is drawn up in writing on the organization’s letterhead (if any);
the act must indicate its date and number, place of preparation, name of the organization;
the document is signed by the head of the organization, a transcript of the signature is entered;
The reason (ground) for issuing the order must be indicated (for example, in connection with another employee being on parental leave).

The order is drawn up on the basis of an additional agreement concluded with the employee. agreement to the employment contract, which stipulates all the conditions for performing additional work:

scope of work;
deadlines;
amount of surcharge, etc.

The document must also contain an indication of:

amount of additional payment for performing additional duties;
the position for which the employee will perform additional work if it does not coincide with his position;
deadline for completing an increased amount of work.

Assigning new responsibilities to an employee can be formalized in the form of:

an order to assign additional work;
an order imposing additional duties;
order to expand the service area.

The employee must be familiar with the order against signature. If the employee does not agree with the order and refuses to sign it, he cannot be assigned additional responsibilities. In this case, additional work may be assigned to another employee.

Sample order on assigning additional duties to an employee

Assigning additional responsibilities to an employee implies a corresponding increase in wages, as the volume of work performed grows and labor costs become greater, including if additional work is carried out during the period of time established by the employment contract for performing the main work. Therefore, in the case when an employee is charged with an additional amount of work, the agreement with the employer, along with other conditions for the performance of these works, establishes an additional payment for expanding the service area. The Labor Code of the Russian Federation does not regulate this issue. What should be the amount of the surcharge and its main features will be discussed in this article.

Expansion of service area

In the Labor Code, assigning additional responsibilities to an employee in addition to his main job is called combination. Expanding the service area is a form of co-location.

Examples of expanding the service area provided for in an employee’s employment contract include:

taxi driver service to additional areas of the locality;
inclusion of work with objects located in other areas of the locality in the realtor’s job responsibilities;
charging the waiter to serve an additional restaurant hall, etc.

Additional payment for extended service area

An employee who is assigned an extended service area is entitled to additional payment. The amount of payment for work performed in addition to the basic one is set as additional. agreement on the assignment of additional responsibilities and must suit the employee. Otherwise, in the absence of the employee’s consent to the proposed payment terms, the combination cannot be considered legal.

Part-time work differs from another institution of labor law - part-time work - in that the employee is not limited in the time it takes to perform additional work. If during part-time work the duration of work cannot exceed 4 hours, then when combined, the time for completing the work is not tracked. The main thing is that the employee has time to fulfill the duties of both the main job and the additional one within the time stipulated by the employment contract.

In this regard, there are no restrictions on the size of the premium for expanding the service area. There is no rule that the additional payment cannot exceed half the salary or must be calculated based on the time worked.

The amount of the bonus is established by agreement of the parties in a fixed amount or percentage of the salary and is determined based on the characteristics of additional work:

volume;
difficulties;
deadlines;
load on the employee taking into account the main job, etc.

The surcharge in question is taken into account for the purposes of calculating personal income tax, paying insurance premiums by the employer, when calculating average earnings for calculating disability benefits, vacation pay, insurance payments, etc.

As a rule, the amount of the additional payment is brought to the attention of the employee at the stage of notification of the expansion of the service area. In order to agree to an increase in workload, the employee must evaluate how well the payment offered by the employer corresponds to the expected labor costs. In addition The agreement to the employment contract that the employee signs must indicate the allowance that suits him. If the employer promises large payments, but sets other figures in official documents, the employee who signed these documents will not be able to demand that the employer pay the amounts he promised. At the same time, additional responsibilities provided for by additional agreement must be fulfilled by the employee.

Sample order to expand the service area. Additional payment for expanding the service area under the Russian Labor Code

Answer

The most important changes this spring!

Expanding the service area - basic provisions

Amount of surcharge for expanding the service area

Application for expansion of service area (sample)

Expansion of service area

Application for expansion of service area

In what cases are additional responsibilities assigned?

Order on assigning additional duties to an employee (sample)

Expansion of service area

Additional payment for extended service area

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