The combination of offices in one organization. TK of the Russian Federation: peculiarities of registration and payment

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2018-03-18 00:15:44

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The Combination of positions in one organization often. Many workers think: why not to work for two if the opportunity arises? Of course, have to spend the extra time, but certain advantages are available. Well, it is worth to tell you more about this topic.

combining the positions in one organization

Article 60.2 of the labor code

Before talking about the combination of positions in one organization, it is necessary to turn to the law. Namely, the first part of the article 60.2 of the Labor code of the Russian Federation. In accordance with her employee may delegate additional duties for a certain time. But only with his consent or Declaration filed in written form. This work can be added to the principal, spelled out in the employment contract. What about activities? The work may be the same (just increased the number of cases) or by another specialty/position. This is more like the traditional combination. Of course, all this is certified in the documents, and the additional load is payable.

But it is necessary to note one caveat. The combination of offices in the same organization are allowed in the event, if appropriate from an economic point of view. And of course, if the employee will be able to take on this responsibility and to bear the additional load. Otherwise, the decision on the alignment will not bring any benefit. It should be considered for both the employer and the person with the desire to take on this obligation.

Right alignment

In accordance with article 423 of the labour code, regulatory legal acts of the USSR (now former) may be applied in the part which is not contradicting the labour code. It is necessary to pay attention. And if the employee is entrusted to perform additional stress, it needs to be installed and additional charges. Personnel documents also need to make. The current version of the Labour code does not contain definitions of such concepts as “the combination of professions". But there is Decree No. 1145. And it sets the order in which it is possible to combine two activities (posts). However, the decree States that the employee can extend coverage or increase the amount of work that he does for the company. He has the right to assume the duties of temporarily absent employees.

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Additional work charge specialists of either a temporary or on a permanent basis. But this is only possible if the state has a free position. For example, the company employs 30 people. And the number of required specialists – 30. One of them fired because of incompetent (say). And space, respectively, is released. People suitable for the position, may apply to the authorities with an official request to give him this place for the combination.

a combination of positions in different organisations

Who are allowed to combine?

So, everyone understands that the skills of the contractor additional duties or positions are required to comply with the requirements. Because the combination of positions in a single organization governed by them. That is the school teacher of Russian language and literature will not be able to teach advanced geometry, if it has not received the second higher education on this specialty. He must have the appropriate skills and knowledge.

Here, for example, the driver of a vehicle enterprise may well take up the post of courier or forwarder. His skills will be enough to deliver any documents or goods.

But the combination of two posts in one organization is possible, even if they belong to different categories of staff. What do you mean? For example, senior dealer (this is a managerial position) can easily perform the duties and merchandiser (this means placing the goods in an appropriate manner and according to established rules). In fact, the miscellaneous category, but to combine all of the above is not prohibited.

Or, for example, cook a small cafe. These specialists often combine this position with the responsibilities of the old.. Or the cleaning lady. That is wash the dishes for customers and clean the kitchen. The main issue all it, but in practice often found that the cook and wash the dishes, and the kitchen, and gets only one type of activity – main.

combining the positions in one organization design

About the design

Many people are interested in is a logical question: how to make a combination of positions in one organization? So, it is necessary to tell in more detail. The combination – labor function of the employee. Accordingly, a prerequisite of the employment contract. What follows from this? That when making a labour contract with a specialist, which the combination is set already in employment, in the document include an additional condition. It is written in a section called "work function". It was there that write about combining employee positions or professions. Still, the item is often entered in the section titled "Special conditions". There's also specify additional salary.

In the case when the person already carries out its activities under an employment contract, the inclusion (or exclusion) of specific terms of alignment, is carried out separately. Why? Because this procedure is a modification of the terms of the contract are obvious. In such situations, execute the supplementary agreement annexed. In relation to this procedure, apply the same rules to the contract. You will need the consent of both parties in writing and all the rest.

By the Way, what about the payment? The combination of positions in one organization, which is not so difficult, and involves additional cost. Its size is set by agreement concluded between hiring a specialist and the employer. It can be specified either in percent (calculated at the tariff rate), or in the amount of rubles.

Information for employers

The Law does not stipulate that to obtain the employee's consent should be issued some documents, except for additional agreements to the employment contract. However, each organization can be provided (for convenience) and additional procedures prior to the conclusion of the additional agreement. They will be accompanied by the registration of any securities. Prior consent of the employee in charge extra work most often in practice is obtained in two ways.

The First is the employee prepares a written statement with a positive resolution of the head of the enterprise. But! In this case, if the employee himself has initiated to hold a combination of positions in one organization. These are the rules.

The Second method is suited to managers of the enterprise. The Director must make a report. It should clearly Express the reasons for which it invites experts to the second position. On that note, the employee subsequently writes his consent. Or failure. But the point is that any decision, whatever it may be, should be attached to the paper.

the order for combining incompatibilities

What conditions must be respected?

So, the order of alignment positions in the same organization implies the observance of some conditions. In the signed agreement need to register. In the first place the extra work. After that – the period during which it will be implemented by the employee. The third condition-the volume or the contents of extra work. And of course, the amount of additional salary.

After everything is spelled out in the document, will be issued an order concerning the personnel, of the alignment. There is no standardized format for this document. So it is published in free text form. That's only on special paper – on the form of orders.

More definitely indicates the date at which begins the period. The order for the combination of offices in one organization does not always contain an expiration date. In that case, if the technician put in a particular position indefinitely. Another thing, when he was appointed to perform the duties of the man who had gone on vacation. Then, in the Appendix to the contract will specify what period the employee was put on a combination.

And if it is combining the post of the head of the organization? And this also happens. In such cases, almost nothing changes. Only the chief has the right to take management decisions and to sign the appropriate documents.

 combining two posts in one organization

How to unsubscribe?

What other nuances is a combination of positions in one organization? The labour code stipulates that the employee shall be entitled to refuse to perform additional work, having warned about it other party in writing three working days.

You Need to pay attention to the fact that to give any person, is his full right. No one can force him to take on additional load. That is, if the boss after the failure will apply to a specialist of any kind of sanctions, then it is infringement.

In the situation...


Article in other languages:

AR: https://www.tostpost.com/ar/the-law/2270-the-combination-of-offices-in-one-organization-tk-of-the-russian-feder.html

BE: https://www.tostpost.com/be/zakon/4001-sumyashchenne-pasad-u-adnoy-argan-zacy-tk-rf-asabl-vasc-afarmlennya-ap.html

DE: https://www.tostpost.com/de/das-gesetz/4000-die-vereinigung-der-mter-in-einer-organisation-zgb-rf-die-besonderheit.html

ES: https://www.tostpost.com/es/la-ley/4005-la-combinaci-n-de-los-puestos-en-una-organizaci-n-c-digo-del-trabajo-c.html

HI: https://www.tostpost.com/hi/the-law/2271-peculiarities.html

JA: https://www.tostpost.com/ja/the-law/2270-tk.html

KK: https://www.tostpost.com/kk/za/4003-sovmeschenie-dolzhnostey-v-odnoy-organizacii-tk-rf-erekshel-kter-res-m.html

PL: https://www.tostpost.com/pl/prawo/4005-po-czenie-stanowisk-w-jednej-organizacji-kodeks-pracy-opis-projektu-i-.html

PT: https://www.tostpost.com/pt/a-lei/4001-a-combina-o-de-cargos-na-mesma-empresa-tc-rf-caracter-sticas-de-design.html

TR: https://www.tostpost.com/tr/hukuk/4008-arada-mesajlar-n-bir-organizasyon-kanunu-zellikleri-kay-t-ve-deme.html

UK: https://www.tostpost.com/uk/zakon/4005-sum-schennya-posad-v-odn-y-organ-zac-tk-rf-osoblivost-oformlennya-ta-o.html

ZH: https://www.tostpost.com/zh/the-law/2456-the-combination-of-offices-in-one-organization-tk-of-the-russian-feder.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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