Combining posts in one organization is not uncommon. Many workers think: why not work hard for two, if the opportunity presents itself? Of course, you will have to spend extra time on this, but there are certain advantages. Well, it is worthwhile to talk more about this topic.
Article 60.2 of the Labor Code of the Russian Federation
Before talking about the combination of posts in one organization, it is worth turning to the law. Namely, to the first part of Article 60.2 of the Labor Code of the Russian Federation. In accordance with it, the employee can be assigned to perform additional duties for a certain time. But only with his consent or a written application. This work can be added to the main one specified in the employment contract. What about activities? The work can be the same (the number of cases will simply be increased) or in another specialty / position. This is more like a traditional combination. Of course, all this is certified in the documents, and the additional load is paid.
But one nuance should be noted. The combination of posts in one organization is allowed if it is advisable from an economic point of view. And of course, if the employee can take on such responsibility and bear the additional burden. Otherwise, the decision to combine will not bring any benefit. This must be taken into account both by the employer and by a person who has the desire to assume this obligation.
Combination Order
In accordance with Art. 423 of the Labor Code of the Russian Federation, normative legal acts of the USSR (already former) can be applied in a part that is not contrary to the Labor Code of the Russian Federation. It is necessary to pay attention to this. And if the employee is entrusted with the performance of additional loads, then an additional payment must be established. Personnel documents also need to be issued. The current edition of the Labor Code does not contain definitions of such a thing as “combination of professions”. But there is Decree No. 1145. But it establishes the order by which it is possible to combine two activities (positions). However, the resolution states that the employee can expand the service area or increase the amount of work that he does in the enterprise. He also has the right to assume the duties of temporarily absent employees.
Additional work is entrusted to specialists either on a temporary or on an ongoing basis. But this is only possible if the state has a free position. Suppose a company employs 30 people. And the number of required specialists is also 30. One of them is dismissed due to unsuitability (for example). And the place, accordingly, is vacated. A person who is suitable for the position may apply to the authorities with an official request to give him this place for combination.
Who is allowed to combine?
So, everyone understands that the labor skills of the executor of additional duties or posts must comply with the established requirements. Therefore, the combination of posts in one organization is regulated by them. That is, at school, the teacher of the Russian language and literature will not be able to additionally teach geometry if he did not receive a second higher education in this specialty. He must have the appropriate skills and knowledge.
But, for example, the driver of an enterprise’s car may well take up the post of courier or forwarder. His skills are enough to deliver any documents or cargo.
But the combination of two posts in one organization is possible, even if they belong to different categories of personnel. What is meant? For example, a senior seller (this is a managerial position) can easily fulfill duties and a merchandiser (this implies placing goods in an appropriate manner and according to established rules). In fact, the categories are different, but combining all of the above is not prohibited.
Or for example, the cook of a small cafe. These specialists often combine this position with the duties of the dishwasher. Or cleaners. That is, they wash the dishes for customers and clean the kitchen. The main thing is to arrange all this, and in practice it is often found that the cook washes dishes and the kitchen, and receives only one type of activity - the main one.
About design
Many people are interested in the logical question: how to arrange a combination of posts in one organization? So, you need to talk about this in more detail. Combination is the labor function of the employee. Accordingly, a prerequisite of the employment contract. What follows from this? The fact that when drawing up an employment contract with a specialist, to whom the combination is established already at the time of hiring, an additional condition is included in the document. It is recorded in a section called “Labor Function”. It is there that they write about combining employee posts or professions. Still this item is often entered in a section called “Special conditions”. They also indicate additional wages.
In the event that a person is already carrying out his activities under a labor contract, the inclusion in the document (or exclusion) of the conditions relating to combination is carried out separately. Why? Because this procedure is a change in the terms of the contract. In such situations, draw up an additional agreement, which is the application. The same rules apply to this procedure as to the contract itself. Written consent from both parties and everything else will be required.
By the way, what about payment? Combining posts in one organization, the design of which is not so difficult, also provides for additional payment. Its size is established by agreement between the hired specialist and the employer. It can be agreed either in percentage (calculated at the tariff rate), or in the amount of rubles.
Information for employers
The law does not stipulate that in order to obtain the consent of the employee, certain documents must be drawn up, except for an additional agreement to the employment contract. However, each organization may provide (for convenience) additional procedures preceding the conclusion of the additional agreement. They will be accompanied by paperwork. The prior consent of the employee to the additional work entrusted is most often obtained in practice in two ways.
The first is as follows: the employee draws up a written statement with a positive resolution of the head of the enterprise. But! This is in the event that the employee himself initiated the combination of posts in one organization. The rules are as follows.
The second method is just suitable for company managers. The boss must draw up a memo. It is necessary to clearly explain the reasons why he invites a specialist to a second position. On this note, the employee subsequently writes his consent. Or failure. But the bottom line is that any decision, whatever it may be, should be fixed on paper.
What conditions must be observed?
So, the procedure for combining posts in one organization also implies compliance with certain conditions. In the additional agreement to be concluded, they must be prescribed. First of all, the type of additional work is indicated. After that - the period during which it will be carried out by the employee. The third condition is the volume or content of the additional work. And of course, the amount of additional wages.
After everything is spelled out in the document, an order will be issued regarding personnel to be combined. There is no uniform form for this document. So it is published in free text form. That's just on special paper - on the order form.
The date from which the specified period begins is also necessarily indicated. The order for combining posts in one organization does not always contain the date of its completion. In the event that a specialist has been placed in a particular position indefinitely. Another thing is when he was appointed to act as a person who went on vacation. Then in the appendix to the contract it will be indicated for what period the employee was put on combination.
And if this is a combination of posts by the head of the organization? And this also happens. In such cases, practically nothing changes. Only the boss has the right to make managerial decisions and sign the relevant documents.
How to refuse?
What other nuances does the combination of posts in one organization have? The Labor Code of the Russian Federation states that an employee has the right to prematurely refuse to perform additional work, having warned the other party in writing about this in three working days.
It is necessary to pay attention to the fact that any person can refuse, this is his full right. No one can force him to take on the additional burden. That is, if the head after refusal will apply any kind of sanction to the specialist, then this is already a violation of rights.
In that situation, if the cancellation was initiated by the head of the enterprise, it is also necessary to draw up a separate paper. This is a special notice that notifies a person of the termination of his two posts at the same time. The specialist must familiarize himself with the notice by signature. It is advisable to make two copies. The first will remain with the employee, and the second with the boss. By the way, the specialist will have to sign that he has read the paper and received a duplicate of the document.
What is done after the combination order ceases to be valid? The combination of posts is a serious matter, and it is logical to assume that when the contract is terminated, this is executed in writing. All right! As soon as the employer and employee verbally agreed to terminate the combination, this is officially recorded.
What you need to know
So, it is logical that when a person begins to literally work for two, the length of his working day also increases. Nevertheless, overloads are unacceptable. Within one month, the time worked by a combining specialist must not exceed 50% of the norm of working time established for the corresponding class of workers.
It is also interesting that in those days in which a person is free from performing his duties at the enterprise, he can work for the benefit of another organization. Is it possible. And many do so - most. Otherwise, in our time and in our state, an ordinary person cannot live. So, as they say, you have to work at two jobs. Which is not uncommon. This, by the way, is a combination of posts in different organizations. But it is not allowed if the employee is less than 18 years old. And yet you can’t work in two positions at an enterprise with harmful or dangerous conditions. Otherwise, it may endanger health.
The head of the enterprise also has the right to be an employee of another organization. But! To do this, you need to get permission. And it is issued by the authorized body of a legal entity. Or the owner of the property of the enterprise.
Important Nuances
So, much has been said above about combining posts in one organization. Registration, in principle, is a simple procedure, but requiring compliance with a lot of nuances. And some of them have not yet been agreed.
So, the trial period. At many enterprises, this is installed. But! If an employee who has been working in the company for several months is going to combine, then there can be no talk of any trial period. He has already passed it.
The second important point. This is a vacation to combine posts in one organization. Everyone knows that every employee has the right to it. And annually. It is provided at the place of primary work. However, for the duration of the vacation, the specialist is exempt from the execution of cases in both the first, main, and combined specialties. Thus, unfortunately, you do not have to wait for additional days of rest.
What about vacation pay? Also an important point. If a person received a salary for combining in the so-called billing period, then all this will be taken into account during the calculation of vacation pay. This necessarily implies a combination of posts in one organization. Payment must be decent, and vacation also applies. Like benefits! Surcharges accrued for a combined position are also taken into account when calculating benefits.
In the end
In conclusion, I would like to say a few words about what the combination entails. Most of all, of course, the employee will have to test for himself. It is not easy to bear the burden of responsibility immediately for two. This often affects performance, health, and the state of the nervous system. A person gets tired faster, rests less. Of course, now is the time that everyone is trying to earn by any means, working in two and three positions. But you need to really assess the situation. It’s profitable for employers - you don’t need to look for anyone, set a trial period, or re-train a specialist. But the employee will have to get used to the new regime and double loads for a long time. So you should think carefully before making a decision.