Consent of the employee to the expansion of service areas. Additional work: expansion of service areas and increase in the scope of work

The possibility of an employee performing additional work by expanding service areas, increasing the volume of work is provided for by the labor legislation of the Russian Federation. About what is the expansion of service areas and an increase in the volume of work, what is the difference between this work and part-time work, combining professions (positions) or from performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, and what this work entails, you will learn further. So, on the basis of Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position). Thus, Art. 60.2 of the Labor Code of the Russian Federation establishes the rules for attracting an employee, along with the work specified in the employment contract, to perform additional work in another or the same profession (position) during the established working day (shift). According to the article under consideration of the Labor Code of the Russian Federation, the employer can entrust the employee with the performance of such additional work only with his written consent and for an additional fee. So, when performing any other work in conditions that deviate from the usual, the employee is paid additional payments. Article 151 of the Labor Code of the Russian Federation establishes that the amount of additional payment for combining professions (positions), expanding service areas, increasing the volume of work, or for performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, are established by agreement of the parties to the employment contract. In this case, the surcharge can be set both in a fixed amount of money, and as a percentage of the tariff rate (salary) or wages of the employee. Please note that additional payments for combining professions (positions), expanding service areas, increasing the volume of work, or for performing the duties of a temporarily absent employee without release from work specified in the employment contract are not established in cases where the relevant work is provided for in the labor cost norms, due to an employment contract (included in the scope of the employee's duties) or entrusted to the employee in the manner prescribed by law, due to insufficient workload, against the current norms of labor costs for the main job. In the case when there is no need for additional work, that part of the earnings that is associated with them, of course, will not be paid, but the main salary must be paid to the employee. An assignment to an employee to perform additional work can be carried out alternatively: - by combining professions (positions) (internal combination); - by expanding service areas, increasing the volume of work (for example, increasing the number of machines or units serviced by an employee in excess of the service norm). Unlike part-time work (see Article 60.1 of the Labor Code of the Russian Federation), additional work is carried out during the main working hours within the framework of an existing employment contract. Combination of professions (positions) is the performance by an employee, along with his main job in the profession (position) determined by the employment contract, additional work in another profession (position) with the same employer during the duration of the working day (shift) established for him. As a rule, an employee is assigned to combine a vacant position or profession. In contrast to the combination of professions (positions), when expanding service areas or increasing the volume of work, the employee performs work in the same profession or position, which is due to the employment contract, but in a larger volume compared to that which he performed in accordance with the employment contract. Previously, this type of additional work, such as expanding service areas and increasing the volume of work, was not in the labor legislation. At the same time, the employee was entrusted with additional work in the same profession or position and within the normal working hours. Naturally, in this case it was impossible to apply the rules governing part-time work, and it was impossible to use the provisions on combining professions or positions, since combining is understood as additional work in another profession or position. In this regard, the employer applied the appropriate additional payments in this situation, referring to the Decree of the Council of Ministers of the USSR of December 4, 1981 N 1145 "On the procedure and conditions for combining professions (positions)" (lost force. See Decree of the Government of the Russian Federation of March 10, 2009 Mr. N 216 "On the amendment and invalidation of certain acts of the Government of the Russian Federation"). We also note that in order to fulfill the labor duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee may be entrusted with additional work both in another and in the same profession (position). An employee who temporarily replaces an absent employee is paid the difference between his actual salary and the salary of the employee being replaced (without a personal allowance). This is another kind of extra work. The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. Thus, the Labor Code of the Russian Federation does not establish either a minimum or a maximum period for which an employer can entrust an employee to perform additional work along with his main job. In the event that 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 fail to agree on the period during which additional work must be performed, the employee has the right to refuse to perform it. This provision reinforces such a concept as free will. Also, according to Art. 60.2 of the Labor Code of the Russian Federation, the deadline for performing additional work determined by the parties is not mandatory for them. The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance. At the same time, from the literal interpretation of this norm, it follows that neither the employee nor the employer are required to indicate the reason why they prematurely withdraw from the agreement on the performance of additional work. Before engaging an employee to perform additional work, the following points must be indicated in the regulation on remuneration (or in a collective agreement): - the procedure for expanding service areas, increasing the volume of work in a particular profession, specific conditions and restrictions; - a list of professions (positions) eligible for expanding service areas, increasing the volume of work; - the possibility of assigning an additional payment, its maximum amount (this can be a percentage of the salary for the replaced (main) position or a fixed amount). In each case, the employer issues an order to entrust the employee with other additional work. The order indicates the period during which the employee will perform additional work, the content of this work, the amount of additional work performed, as well as the amount of additional payment agreed upon by the parties for the additional work assigned. However, it should be borne in mind that such an order will be legal if the employee gives written consent to perform additional work.

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Assigning additional duties to an employee implies a corresponding increase in wages, as the volume of work performed grows, labor costs increase, including if additional work is carried out during the period of time established by the employment contract for the performance of the main job. Therefore, in the case when an employee is charged with an additional amount of work, in an agreement with the employer, along with other conditions for the performance of these works, an additional payment for the expansion of the service area is established. 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 considered in this article.

Service Area Expansion

The imputation to an employee in addition to the main work of additional duties is called combination in the Labor Code. Service area expansion is a form of overlap.

Examples of expanding the service area provided for by the employee's employment contract include:

• taxi driver service of additional areas of the settlement;
• inclusion in the duties of a realtor to work with objects located in other areas of the settlement;
• imputation to the waiter of service in addition of one more hall of the restaurant, etc.

As a rule, if there are several employees of the same profession (position) in the organization, the features of which require the performance of work in a certain territory, each employee is assigned the territory under his jurisdiction. In the event that 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 “ownerless” territory must be assigned to someone. In this regard, the manager distributes additional responsibilities between existing employees.

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

Extended Service Area Surcharge

An employee who is charged with an extended service area is entitled to a surcharge. The amount of payment for work performed in excess of the main one is set additionally. an agreement on the assignment of additional duties and should suit the employee. Otherwise, in the absence of the consent of the employee with the proposed terms of payment, the combination cannot be considered legal.

The combination differs from another institution of labor legislation - part-time employment in that the employee is not limited in time to perform additional work. If, during part-time work, the duration of work cannot exceed 4 hours, then when combined, the time for completing work is not tracked. The main thing is that the employee has time to fulfill the obligations for 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 allowance for expanding the service area. There is no rule that the bonus cannot exceed half of the salary or must be calculated based on hours worked.

The amount of the allowance is established by agreement of the parties in a fixed amount or a 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 work, etc.

The surcharge in question is taken into account for the purpose 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 copayment is communicated to the employee at the stage of notification of the extension of the service area. In order to agree to an increase in the workload, the employee must assess how much the payment offered by the employer corresponds to the expected labor costs. In add. the agreement to the employment contract signed by the employee must indicate the allowance that suits him. If the employer promises large payments, but sets different numbers in official documents, the employee who signed these documents will not be able to require the employer to pay the promised amounts. At the same time, additional obligations under agreement must be complied with by the employee.

During the organization of the labor process, there are times when it is necessary to entrust the employee with additional work. An official document that allows this to be done is an order to assign additional duties to an employee. We will talk about it in this article.

In what cases are obligations imposed

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

• the worker himself. In this case, the employee, having learned about a vacant position or an expansion of the service area, wishing to "earn extra money", can apply to the manager with a statement about the assignment of additional duties to him. If such an application is satisfied, the head instructs the personnel worker to draw up the necessary documents;
• employer. When a vacant position appears in an organization (department of an organization) (an employee quit or went on parental leave) or the service area expands, which means that the amount of work increases, the manager has a choice - to hire a new employee or distribute additional duties 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. An example of such a document is given below.

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

Examples of service area extensions include:

• taxi driver service of additional areas of the settlement;
• inclusion in the duties of a realtor to work with objects located in other areas of the settlement;
• imputation to the waiter of service in addition of one more hall of the restaurant, etc.

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

• the written consent of the employee to combine must be obtained;
• an order for the imposition of additional duties should be issued. We will consider a sample document and the procedure for compiling it below.

Order on the imposition of additional duties on the employee (sample)

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

• the order is drawn up in writing on the letterhead of the organization (if any);
• the act must indicate its date and number, place of compilation, name of the organization;
• the document is signed by the head of the organization, the 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 add. agreement to the employment contract, which stipulates all the conditions for the performance of additional work:

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

The document must also contain an indication of:

• the amount of additional payment for the performance of additional obligations;
• the position in which the employee will perform additional work, if it does not coincide with his position;
• lead time for the increased volume of work.

The imputation of new duties to an employee can be formalized in the form.

Commentary on Article 60.2

1. Article 60.2 was introduced by Federal Law No. 90-FZ of June 30, 2006. It sets out the rules for involving an employee, along with the work specified in the employment contract, to perform additional work in another or the same profession (position) during the established working day (shift).

2. According to part 1 of the commented article, the employer can entrust the employee with the performance of such additional work only with his written consent and for an additional fee. The amount of the additional fee 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 entrusted to the employee along with the work specified in the employment contract may 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 the duties of a temporarily absent employee.

Combination of professions (positions) is the performance by an employee, along with his main job in the profession (position) determined by the employment contract, additional work in another profession (position) with the same employer during the duration of the working day (shift) established for him. As a rule, an employee is assigned to combine a vacant position or profession.

In contrast to the combination of professions (positions), when expanding service areas or increasing the volume of work, the employee performs work in the same profession or position, which is due to the employment contract, but in a larger volume compared to that which 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 allowed 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 an 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, introduced into the Labor Code by the Federal Law of June 30, 2006 N 90-FZ (see commentary to the named article).

4. The law does not establish any minimum or maximum period for which an employer may assign an employee to perform additional work along with his main job. In each case, the period during which the employee will perform, along with the work determined by the employment contract, additional work in the order of combining professions (positions), by expanding service areas, increasing the volume of work, or in connection with imposing on him the duties of a temporarily absent employee , is determined by the employer with the consent of the employee (part 3 of article 60.2). In the event that the employee does not agree with the period determined by the employer, then this period may be determined by agreement of the parties. If the parties fail to agree on the period during which additional work must be performed, the employee has the right to refuse to perform it.

5. According to part 4 of the commented article, the deadline for performing additional work determined by the parties is not mandatory for them. The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than 3 working days.

At the same time, as follows from the content of this provision, neither the employee nor the employer are required to indicate the reason why they prematurely withdraw from the agreement on the performance of additional work.