Combining positions in one organization: registration, payment, vacation
A working citizen has the full right to expand his labor functions and occupy an additional position. To do this, in fact, it is not necessary to execute another employment contract with your employer. When a person occupies two positions at the same time in the same organization, and no additional labor contract has been signed, such an activity is called a combination. Let's talk in detail about this situation, consider its nuances, and also find out how the concept of combining differs from the concept of combining jobs.
What is a combination in one organization?
Combining two positions in the same organization is clearly spelled out in the law, so if an employee agrees to this, first of all, you should carefully consider the article. An employee who works in two positions at the same time in one organization will be required to perform additional duties in two positions that he occupies.Today, the combination is relevant for many employees of one organization, while it is possible to do additional work both on a permanent basis and on a temporary basis, for example, when an urgent production need arises. The law does not provide for specific deadlines, it all depends on what the decision of the employer will be.
The employer has the full right to establish the duties and scope of such a combination, the employee must only give his consent. The combination of positions in a budget organization is called internal combination.
What is the essence of combining positions in one organization?
As soon as the worker agrees to perform additional duties, he becomes a part-time worker. As a rule, in this case, both parties are interested: the employer receives an employee who will perform the work, and the employee receives another salary and some other privileges provided by law. An employee may show his initiative and submit an application in order to be appointed to a second position, but the employer has the full right to reject such a request if he considers that the employee is not sufficiently qualified.
If an employee is approved for a second position, then, according to the law of the Russian Federation, it is necessary to document everything.
The main points that you should pay attention to when making interior alignment
An employee can only count on additional work in one organization or in one institution, but this does not mean at all that the workplace can also be in one place. For example, it may be completely different buildings, but the employer must carefully consider everything so that the workplace is accessible to an employee who expects to cover two positions in the same organization. Often, similar positions are combined, for example, you can replace your colleague during his absence. Vacancy must be confirmed by a time sheet and staffing. As for the scope of activities, it is determined by the employer:
- If an employee occupies a position in his profession, then he will have new responsibilities, and they may not be completely demarcated by official authority.
- When an employee receives a position according to his position, his duties may expand and have clear distinctions, and the procedure for performing work may also change.
The combination may be of a different nature, for example, if the replacement of an employee is temporary, as well as if the employee is taken to the second position for the whole time. In the second case, one of the parties will be able to terminate cooperation, if it deems it necessary. In order for cooperation to be terminated, one of the parties must, in advance, notify the other party with a written notice. According to the law, it is given three days, as soon as the term expires, the employment relationship is terminated.
If there are controversial issues, they can be resolved in court. Sometimes there may be a combination of the position of director in different organizations, but such cases are exceptions and, as a rule, a contract is made for temporary combination, as soon as a new person is selected for a vacancy, this kind of cooperation ends. There are also a number of posts that cannot be combined. Cannot be part-timers:
- Employees working in government.
- Employees of the prosecutor's office.
- Citizens who are minors.
- Citizens who work in a harmful enterprise and have dangerous or difficult working conditions.
When can I arrange a combination according to the law?
In no case should not confuse two different concepts, such as part-time and combination. Combining positions in one organization is in itself democratic. For example, a person may have another profession that does not correspond to the new position held. But still, there are some limitations:
- An employee can count on taking two positions in only one organization and from one employer.
- His work activity is limited in time, because the employee can work during one shift, without lingering on the main job and not working overtime.
- Employees who have a lot of experience in this type of activity and have the appropriate qualifications can count on the position.
The procedure for combining positions in one organization must be laid in the local documents of the enterprise so that later there are no controversial issues requiring their consideration in court.
The procedure for documenting the combination
Both parties can decide on the assignment of additional responsibilities, but all of this must necessarily be written down in additional working papers. If the employer believes that an employee of the organization can take a vacancy, he sends him a written notice with the appropriate proposal. The employee must sign the document if he agrees, or refuse to sign the paper.
The desire to take a position may also come from the employee himself, for this the employee must submit an application to the authorities, which will indicate that the employee is ready to take the position.
If the employer agrees to accept an employee for the position, then he puts his signature, but if not, the employer must give a kind of formal reply why the employee was denied his request. Registration of combining positions in one organization should be carried out with the help of a special application, but during its preparation it is necessary to pay attention to the following items:
- Contact the employer should be in a certain form, indicating the full name of the organization, as well as the full name of the head of the institution.
- The employee must provide complete information about himself, his name and position, which deals with him at the time when the statement is made.
- The request for appointment to the second position is summarized.
- Below the signature and date is put when exactly the statement was made.
How to write a memo
If an employer himself wishes to offer a second position to his employee, then it is worth paying attention to the rules for drafting an office note. The memo can be made in a free form, but it is necessary to consider such points:
- Specify the full name of the organization, registration number and name of the employee who is offered the position.
- The document should have a title, most often this combination proposal.
- It is necessary to briefly describe the proposal describing the duties that the new employee will have to perform.
- If the employer proposes a combination of positions in one organization, the Labor Code of the Russian Federation provides that the position proposal should also indicate the remuneration of labor with the procedure for its granting.
- The final stage is the signature and date of the service record.
As soon as all the nuances are agreed, a documentary period begins, which includes two important steps:
- An additional agreement is drawn up and signed between the two parties.
- A special order is issued, which approves the surcharge and changes in staffing.
What includes the order to combine positions?
The order to combine positions in one organization does not have a specific form, therefore, the document can be drawn up in accordance with the internal requirements that exist in the organization. As a rule, in any order should be covered such moments:
- Specify the type and amount of additional responsibilities of the employee.
- Accurately indicates the position for which the combination will be made.
- You can specify the period for which the combination will be carried out.
- The size of the salary on the combination.
In conclusion, the employee is acquainted with the order and puts his signature.
How is the combination paid?
Payment for the combination of posts in one organization is an important point. Payment can be of several types:
- Fixed, that is, it is set in advance and written in the local documents of the organization.
- Piece, in this case, everything will depend on the work performed by the employee.
- Salary, which depends solely on additional responsibilities and their implementation.
Surcharge must be made if the employee takes on additional work duties, all these points are clearly spelled out in the Labor Code, as the service area and duties can be expanded due to the new employee, and the amount of work performed also increases.
What may be changes in the provision of leave in the internal combination?
Combining positions in one organization also implies that the annual paid leave may not be provided ex officio. But for this period, the employee may be released from additional obligations. If an organization has additional finance, then it may well pay vacation pay to its employee. The law does not provide any additional days for rest on a combined position.
But even if vacation in the combination of posts in one organization is not provided for, the employee may well rely on vacation pay,as in the accounting period, the staff made the appropriate deductions.
How can you stop the internal alignment
As mentioned above, a supplementary agreement is also attached to the labor agreement, which, as a rule, specifies the exact period for which the employee may take an additional position, but it happens that the parties are required to stop the combination early. The article of the Labor Code devotes special attention to this moment, since the employee may not be satisfied with the payment to combine positions in one organization over time or the reason may be hiding in another dissatisfaction of the employee with his new position. The employee has an unconditional right to refuse to work on the combination, and the right will not be limited to any time limit for prior warning to the employer. If the employer makes the decision on early termination of secondary employment, then he is obliged to notify the employee about this in advance, as a rule, it is necessary to send an employee a written notification three days before the termination of cooperation.The employee gets acquainted with the document and puts his signature.
Regardless of who first decided to stop combining positions in one organization, an additional agreement will also need to be attached to the employment contract. Such a document must be signed by both parties, after which the employer issues a separate order stating that the agreement is terminated and the employee no longer holds an additional position. The employee, in turn, must be familiar with the order and put his signature, which indicates that the employee is fully aware.
It often happens that the job combination stops due to the expiration of the planned period for which the employee could hold a second position, in which case the employer may not issue a corresponding order.
Now, having a complete idea of how to arrange a combination of positions in one organization, any employee can count on a combination and will draw it correctly. As you can see, there are no difficulties in this direction, the only thing that needs to be taken into account is the significant difference between the two concepts of "combination" and "combination of jobs".