How to indicate dual positions in the staffing table. What are the rules for dual titles? Double posts

If an employer wants an employee to perform functions in two professions, then he can include them in the title of one position. What risks carry double positions and how not to make mistakes - we will tell in the article.

If an employer wants an employee to perform functions in two professions, then he can include them in the title of one position. To insure against GIT claims, adhere to the following rules. Do not combine the functionality of three or more positions. It will look like the employer is saving on the surcharge. Do not combine positions for which it is mandatory to apply the professional standard. An employer can be fined for an arbitrary job title.

Combine no more than two positions into one

The labor function is work according to the position in accordance with the staffing table (paragraph 3 of the second article 57 of the Labor Code of the Russian Federation). When an employee performs duties wider than it is provided for by the professional standard, the personnel officer has a question - is this a combination or not? The law does not provide a direct answer. Consider the least risky scenario.

Situation. AT staffing There is a position "driver-cashier-forwarding agent-courier". The labor function of an employee includes the duties of a driver, cashier, freight forwarder and courier.

Risks. Working for four will attract the attention of inspectors - very wide functionality looks implausible. A double position is justified if, for example, the driver spends a little cash transactions, these functions are of a periodic nature and do not imply a full workload during the working day. Reflect the dual functionality in the employment contract (sample below).

Sample. Labor contract

Precautionary measures. If the labor function still covers several types of activities, take into account the labor intensity of the work and keep a reasonable balance. Unless absolutely necessary, do not overload the employment contract and job description with functions from more than two professional standards. Formally, the Labor Code does not prohibit describing the labor function as widely as possible, but the wider the employee’s functionality, the more difficult it is to ensure operational management his labor.

Indicate the position in the employment contract in the same way as in the staff list

If the position has dual functionality, then it must also be reflected in the staffing table. Otherwise, it will turn out that the employee was accepted into a position that is not in the staff list, and this is illegal (Article 15, paragraph 3 of the second part of Article 57 of the Labor Code of the Russian Federation, letter from Rostrud dated January 21, 2014 No. PG / 13229-6- one).

How to complete and submit reports

Situation. The position on the staff list is " Chief Accountant". In the employment contract - "chief accountant - head of the accounting and economics department."

Risks. If a position is not listed in the staff list, then the company does not have it. So, you can't hire an employee. The same is true if the title of the position in the employment contract differs from what is written in the staffing table. During the inspection, inspectors may regard this as a violation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Precautionary measures. The profession, specialty and position in the employment contract must be filled exactly according to the staffing table. If there are discrepancies, amend the employment contract. By general rule in order to amend the employment contract, both parties must agree to this - conclude an additional agreement (Article 72 of the Labor Code of the Russian Federation).

If the professional standard is in the nature of a recommendation, the company is not obliged to apply it. And if the professional standard is mandatory, then the job titles must match those indicated in the directories or professional standards (paragraph 3, part two, article 57, part one, article 195.3 of the Labor Code of the Russian Federation).

Situation. The employee was assigned to deal with personnel management and labor protection. His position was named Human Resources Manager-Occupational Safety and Health Specialist.

Risks. The double title of the position contradicts the mandatory professional standard of a specialist in the field of labor protection (approved by order of the Ministry of Labor of Russia dated August 4, 2014 No. 524n). The employer faces a fine for violating labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). And the employee has the right to demand payment for additional responsibilities(Article 151 of the Labor Code of the Russian Federation).

Precautionary measures. Arrange a combination or part-time job or exclude unnecessary responsibilities from job description. Keep in mind that you can only combine positions provided for by the company's staffing table.

If the option with combination and combination is objectively impracticable, then there is another way. Instead of a double position, set the name of the position according to the mandatory professional standard - labor protection specialist, but write down in the employment contract as a labor function what the position is for.

Sample. How to specify the subject of the contract in an employment contract

You can use the advanced scenario only if the company does not plan to hire employees with the same job title but regular responsibilities. Otherwise, you will create a dangerous situation when the positions in the staff list are called the same, but the salary is different.

Do not make a double position from two mandatory professional standards

If an employee performs functions that are enshrined in two mandatory professional standards, the employer must take into account the requirements of two documents (paragraph 3 of the second part of article 57, part one of article 195.3 of the Labor Code of the Russian Federation). He must check the qualifications of the employee and the title of his position.

Situation. In the staff list of PJSC "Polesie" there is a position of "Chief Accountant-Auditor". During the inspection, the inspector issued an order to divide the posts and rename them as indicated in the professional standards:

accountant (approved by order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n);
auditor (approved by order of the Ministry of Labor of Russia dated October 19, 2015 No. 728n).

Risks. There will be increased attention to the mandatory professional standards during the check. The standards usually do not contain job titles that are duplicated with job titles from other professional standards. This means that you will not be able to comply with the requirements of the law on the compliance of the position name with the professional standard (paragraph 3, part two, article 57 of the Labor Code of the Russian Federation).

Precautionary measures. If it is necessary for one employee to perform duties from different professional standards, we recommend that you abandon the double name and description of the functionality, and use only combination or part-time work. At least until the Ministry of Labor of Russia and judicial practice form a clear position on this issue.

When hiring an employee for two professions, positions, check the qualifications for each of them. Ask the employee for proof of education and vocational training confirming the right to perform work (paragraph 6 of the first part of article 65, article 195.3 of the Labor Code of the Russian Federation).

Specify whether the position is indicated in the foreigner's patent

As a general rule, foreign workers who do not need a visa to enter Russian Federation, must obtain a patent (clause 4, article 13 of the Law of July 25, 2002 No. 115-FZ). The leadership of the subject of the Russian Federation has the right to decide to indicate the profession, specialty in the patent (paragraph 2, clause 16, article 13.3 of Law No. 115-FZ).

Situation. The foreigner's patent indicates the position of "Head of Department". In the company, he holds a dual position - “Head of Department-Director separate subdivision».

Risks. If a single position is fixed in the patent, a foreigner cannot hold a double one (paragraph 2, clause 16, article 13.3 of the Law of July 25, 2002 No. 115-FZ). It will not help to circumvent this norm and a combination agreement or an employment contract for part-time work.

For the fact that a foreigner does not work in the profession specified in the permits, the organization faces a fine of 250,000 to 800,000 rubles or suspension of activities for 14-90 days (part 1 of article 18.15 of the Code of Administrative Offenses of the Russian Federation). And if the offense was committed in Moscow or St. Petersburg - up to 1,000,000 rubles (part 4 of article 18.15 of the Code of Administrative Offenses of the Russian Federation).

Precautionary measures. If you employ foreign workers on the basis of a patent or work permit, check if the position is registered in the permit document. If it is specified, then do not experiment with double job titles and functional descriptions in personnel documents.

Answer to the question:

As a general rule, the employer determines the names of positions at his own discretion..

Do not miss: main article months from an expert practitioner

How not to make a mistake in the five main columns of the staffing table.

There is no prohibition in the law to indicate double positions in the staff list (through a dash) (for more details, see paragraph 2 of additional materials).

But if with the performance of work in certain positions or professions labor law links the provision of compensation and benefits ( early retirement, additional leave) or establishes any restrictions, then the names of such positions and professions must correspond qualification guides, professional standards . The specified correspondence should be observed both in the employment contract with the employee, where his position (performance of work by profession) will be indicated, and in the organization's staffing table. This is stated in Art. 57 of the Labor Code of the Russian Federation.

This rule applies to:

1. Employees who work in hazardous working conditions;

2. Pedagogical, medical workers, "northern" employees and others who are entitled to a preferential pension: ;

3. Any other employees, if in accordance with the Labor Code of the Russian Federation, other federal laws with the performance of work according to certain positions, professions, specialties related to the provision of compensation and benefits or the presence of restrictions.

It should be noted that arbitrary job titles can create certain difficulties for any organization. According to federal law dated December 28, 2013 N 426-FZ "On a special assessment of working conditions" each organization is obliged to conduct special assessment working conditions of their employees. This applies to all organizations, regardless of their type, organizational and legal form, form of ownership. When conducting a special assessment, it will be necessary to reflect not only the name of the position, but also its code according to the All-Russian classifier of types economic activity(Clause 2, Article 18 of the Law), and if the position is not provided for by any of the CAS, then it will be difficult for you to fulfill this requirement. According to the organization conducting a special assessment of working conditions, most likely it will be necessary to rename the corresponding position.

Neither the qualification handbooks, nor the job classifier, nor professional standards contain such a position as "Chief Designer-Head of Department".

Under the circumstances under consideration, taking into account official position the chief designer, it seems that it is more correct from a legal point of view to issue the chief designer as the head of the department.

But in practice, if an organization has some kind of structural unit (for example, a department), then it must have a leader. supervise (carry out general leadership division, divisions), the chief designer may well.

Details in the materials of the System Personnel:

1. Situation: How to indicate the names of positions and professions when compiling the staffing table

When drawing up a staffing table, the employer can use the approved form, or. In the specified form, you need to enter the names of positions (specialties, professions) for the organization's staff units. As a general rule, positions are provided for employees who are primarily engaged in mental labor: management, collection, analysis, processing of information (for example, deputy head of the production department, head of the department). In turn, the concept of "profession" refers to employees employed production process, physical labor(builders, electricians, mechanics).

The employer, as a rule, determines the names of positions and professions at his own discretion. For example, the position of the head of an organization may appear in the staff list as a director, general director, company president, etc.

However, if labor legislation connects the provision of compensations and benefits (early retirement, additional leave) with the performance of work in certain positions or professions or establishes any restrictions, then the names of such positions and professions must comply with or relevant provisions. The specified correspondence should be observed both in the employee, where his position (performance of work by profession) will be indicated, and in the organization's staffing table. This follows from the provisions of paragraph 2 of Article 57 Labor Code RF. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.

Speaking of qualification guides First of all, you need to use the following ones:

, approved ;
, approved ;
, approved ;
unified tariff-qualification reference books of jobs and professions of workers by industry.

In addition to the above documents, organizations should also be guided by:

, work in which gives the right to additional leave and a shorter working day, approved;
, giving the right to preferential pension provision, approved.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

2. Situation: Is it possible to set a dual position for an employee. For example, an accountant-cashier, a driver-mechanic

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function (). At the same time, the labor function means “work according to the position in accordance with the staff list, profession, specialty, indicating qualifications, the specific type of work assigned to the employee” (Article and Labor Code of the Russian Federation).

The names of professions (positions) must be established in strict accordance with the qualification reference books, taking into account the actual work performed. If an employee does work different professions(in different positions), then the name of the profession (position) is established according to the main job, taking into account the greatest specific gravity the work they perform. This is stated in the annex to. Otherwise (in the case of establishing a dual position), the employee under the contract performs two labor functions, and it must be styled either , or .

At the same time, these reference books should only be used:

when, in accordance with the law, the provision of compensation and benefits or restrictions is associated with the performance of work in certain positions, professions, specialties ();
when billing works and assigning tariff categories employees ().

In all other cases, organizations have the right to enter positions in their staffing tables, the names of which are not in the qualification directories. Moreover, in such cases, the employer has the right to establish the name of the position and the duties of the position independently. Moreover, in approved, and approved, there are still a number of double posts. For example, a plumber, a toolmaker, an instructor-methodist, a mechanical engineer, a chemical engineer, an electrical engineer, etc.

Under the circumstances, each organization makes its own decision: to issue a dual position or to introduce two positions that the employee will combine or hold part-time. The exception is employees whose work is associated with the presence of benefits or restrictions. Their position (profession) should be indicated in strict accordance with the directory.

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The content of the employment contract” of the Labor Code of the Russian Federation, which lists the conditions that are mandatory for inclusion in the employment contract, it is established: the employment contract indicates ... the labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee) ... So, from the above norms it follows that the staffing table in the organization should be and it is in it that the positions of employees are named, without which the organization's activities are impossible. What is the staffing pattern? The staffing table is used to formalize the structure, staffing and number of employees of the organization. This is stated in the Guidelines for the Application and Completion of Primary Forms. accounting documentation on the accounting of labor and its payment, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1.

Can an organization establish dual positions?

Speaking of qualification guides, first of all it is necessary to use the following ones: In addition to the above documents, organizations should also be guided by:

List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shorter working day, approved by the decree of the USSR State Labor Committee, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / p-22;
Lists of industries, jobs, professions, positions and indicators that give the right to preferential pension provision, approved by the Decree of the Cabinet of Ministers of the USSR of January 26, 1991 No. 10.

From the answer “How to draw up a staffing table” Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia 2. Situation: Is it possible to establish a dual position for an employee.

Dual position?

Attention

If there have been changes, is a new document always necessary? The staffing table is approved for the calendar year. The law does not set the allowed number of updates. Occurring events do not always require a change in the form of the T-3. For example, in the case of minor adjustments in the structure, an increase in salaries or the introduction of new positions, it is enough to issue an order to make changes and be guided by it.

The order must reflect the reasons for the changes and the wording of the adjustments. Global structure updates, massive salary increases, changes in job titles require the issuance of an order to approve the new staffing table. new document, containing all the changes, is agreed by the head of the organization.
The fact of the adoption of the staffing table is recorded by an entry in the register of orders for the main activity.

Staffing: we solve emergency situations

Labor Code of the Russian Federation), or on a part-time basis (Article 60.1 of the Labor Code of the Russian Federation). In accordance with Art. 60.2 of the Labor Code of the Russian Federation, with his written consent, an employee 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) for additional fee. It follows from this norm that, firstly, additional work on the terms of combination is carried out by the employee in his main working time, and secondly, the fact that this work is carried out according to a certain position (profession).
Part 1 of Art. 15 and part 2 of Art. 57 of the Labor Code of the Russian Federation, it is determined that the labor function of an employee is work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee.

What threatens the discrepancy between the position in the employment contract and the staffing table

Shklovets “The practice of applying labor legislation” // Economic and Legal Bulletin, N 10, October 2007). Changes to the staffing table are made by order (instruction) of the head of the organization or a person authorized by him. the discrepancy between the number of employees hired by positions, professions, specialties, the number of staff units indicated in the staff list can be regarded as a violation of labor legislation, entailing administrative liability under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. The answer was prepared by: Expert of the Legal Consulting Service GARANTChibisova Marina Quality control of the answer: Reviewer of the Legal Consulting Service GARANTbarseghyan Artem October 5, 2011
Otherwise, the court may state that there is no assignment of additional work (see, for example, the decision of the Fifteenth Arbitration Court of Appeal dated February 15, 2012 No. 15AP-15046/11, appeal rulings of the Tula regional court dated January 15, 2013 in case No. 33-20, the Moscow City Court dated July 12, 2012 No. 11-11218/2012, and the Rostov Regional Court dated March 26, 2015 in case No. 33-4792/2015). If such a position is not in the staff list and the employer does not plan to introduce it, he has the right to entrust the employee with the performance of the duties of a cashier by fixing these duties in the employment contract and (or) in the job description (if any). According to Art. 57 of the Labor Code of the Russian Federation, the labor function of an employee must be indicated in the employment contract.
Within the meaning of Art. 15 and part 2 of Art.

Info

However, if the labor legislation connects the provision of compensations and benefits (early retirement, additional leave) with the performance of work in certain positions or professions or establishes any restrictions, then the names of such positions and professions must comply with qualification directories or relevant provisions. professional standards. The specified correspondence should be observed both in the employment contract with the employee, where his position (performance of work by profession) will be indicated, and in the organization's staffing table. This follows from the provisions of paragraph 3 of part 2 of article 57 of the Labor Code of the Russian Federation.

Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.
Moreover, in such cases, the employer has the right to establish the name of the position and the duties of the position independently. Moreover, in All-Russian classifier classes OK 010-2014 (MSKZ-08), approved by the order of Rosstandart of December 12, 2014 No. 2020-st, and the Qualification Handbook, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 No. 37, there are still a number of double positions. For example, a plumber, a toolmaker, a methodologist, a mechanical engineer, a chemical engineer, an electrical engineer, etc.
n. Under the circumstances, each organization makes its own decision: to issue a dual position or introduce two positions that the employee will combine or hold part-time. The exception is employees whose work is associated with the presence of benefits or restrictions.
Ladies and Gentlemen! Please help! In connection with the new personnel decision, I came across such a question. We have a deputy general who was also the head of a department. His position both in the work book and in the staff list in the "Directorate" section is indicated as "Deputy CEO for financial matters - head of the financial and economic department.

Important

At the same time, in the section “Financial and Economic Department” of the staffing table there is a line “Head of Department”, where his last name is entered, but in the place where the rate should be simply worth nothing. Now they have decided to separate these functions. We want to transfer a person who works for us as a senior economist to the position of department head. With an economist, it's clear - this is a translation. Where is our mistake? Firstly, can there be such a “double position” at all - through a hyphen? If it can, then as I understand it, this is not a combination of positions, but one position.

This is stated in paragraph 19 of the annex to the resolution of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated January 31, 1985 No. 31 / 3-30. Otherwise (in the case of establishing a dual position), the employee performs two labor functions under the contract, and this must be formalized either by combination or part-time employment. At the same time, these reference books should only be used:

when, in accordance with the law, the provision of compensations and benefits or restrictions is associated with the performance of work in certain positions, professions, specialties (art.
57 of the Labor Code of the Russian Federation);
when charging work and assigning tariff categories to employees (Article 143 of the Labor Code of the Russian Federation).

In all other cases, organizations have the right to enter positions in their staffing tables, the names of which are not in the qualification directories.
The Labor Code of the Russian Federation, the concept of "job title" in its content is not identical to the concept of "labor function". The name of the employee's position is one of the characteristics of his labor function. The labor function is specified by the corresponding official duties, which are, in fact, its content (see also, for example, the appeal ruling of the Sverdlovsk Regional Court dated September 2, 2015 in case No. 33-12304/2015). At the same time, the content of the labor function can be fixed directly in the employment contract, or it can be indicated or detailed in the job description, which in this case will be an integral part of the employment contract (letter Federal Service on labor and employment dated October 31, 2007 No. 4412-6).

In what cases does nothing need to be done?
How to change a document?
Effects
Reasons for change
Conclusion

When is it needed? The staffing table (form T-3) is a document reflecting the structure of the organization, the subordination of departments, fixing the number of employees and the form of remuneration for each position. Rescheduling is needed in the following cases:

During the structural reorganization of the enterprise.
When there is a change in the processes of the organization.
When optimizing personnel in accordance with the law.

So, a report on a decrease in profitability and a lack of raw materials can become the basis for a reduction in positions, and a manager’s memo about an increase in workload in connection with the launch of a new direction can contribute to staff expansion.

Does the bus driver have the right or obligation, in addition to driving the bus, to additionally ("in addition") Maintenance bus, overhaul, change wheels, etc. What documents are needed?

Answer

It is obligatory if it is stipulated in its instructions.

An employee has the right to perform additional functions if the combination is documented or amendments are made to the employment contract in terms of expanding duties. This can be done only with the consent of the employee (Labor Code of the Russian Federation).

For information on how to formalize amendments to an employment contract, see Recommendation:.

See below for information on how to arrange a combination.

The rationale for this position is given below in the materials of the Lawyer System and in the materials of the Personnel System. .

1. Situation: Is it possible to set a dual position for an employee. For example, an accountant-cashier, a driver-mechanic

“An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function (). At the same time, the labor function means “work according to the position in accordance with the staff list, profession, specialty, indicating qualifications, the specific type of work assigned to the employee” (Article and Labor Code of the Russian Federation).

The names of professions (positions) must be established in strict accordance with the qualification reference books, taking into account the actual work performed. If an employee performs work of different professions (in different positions), then the name of the profession (position) is established according to the main job, taking into account the largest specific weight of the work performed by him. This is stated in the annex to. Otherwise (in the case of establishing a dual position), the employee performs two labor functions under the contract, and this must be formalized either by combination or part-time employment.

At the same time, these reference books should only be used:

when, in accordance with the law, the provision of compensation and benefits or restrictions is associated with the performance of work in certain positions, professions, specialties ();
when charging work and assigning tariff categories to employees ().

Under the circumstances, each organization makes its own decision: to issue a dual position or to introduce two positions that the employee will combine or hold part-time *. The exception is employees whose work is associated with the presence of benefits or restrictions. Their position (profession) should be indicated in strict accordance with the directory.

« Question from practice: how to arrange the performance of work that is not included in labor obligations employee

The performance of work that is not included in the employee's job duties can be issued in one of four ways:

as a combination of professions (positions) ();
as internal combination ();
as an expansion of service areas or an increase in the volume of work performed ();
conclusion of a civil law contract for the provision of services (performance of work)*.

The choice of option depends on the nature of the additional work and on the regularity with which the employee must perform it. If an employee has to do a new job for him for a certain time, then it is better to arrange an internal part-time job or a combination.

At internal combination the employee performs additional work in his spare time from the main job (and the Labor Code of the Russian Federation). To do this, the employer concludes a separate employment contract with the employee ().

When combining professions, the employee is engaged in additional work during his normal working day. At the same time, additional work is subject to payment 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.

Under the expansion of service areas and the increase in the volume of work performed, they understand the performance, along with their main work, due to an employment contract, of an additional amount of work in the same profession or position ().

At the same time, issue an order to the employee for additional work for additional payment by signing an additional agreement by the employee and the employer to employment contract, which will define both the content and scope, and the term future work, as well as additional payment for its implementation (Art., Labor Code of the Russian Federation).

On the basis of an additional agreement to the employment contract, issue an order in any form to entrust the employee with the relevant work and establish additional payment. Send a copy of the order to the accounting department for the calculation and payment of additional payments to the employee.

Information on combining professions, expanding service areas, increasing the scope of work, performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, in work book and the employee’s personal card does not need to be entered (, p., Rules approved, Instructions approved).

If the work is one-time and does not repeat for some time, while the result is important for the employer, and not the process, then it is better to conclude civil contract. For more information about this agreement, see How to conclude a civil contract for the performance of work (provision of services) with a citizen.

Question from practice: whether it is necessary to draw up an additional agreement to the employment contract each time or is it enough to conclude it once if the employee periodically increases the amount of work

An additional agreement must be drawn up for each case of an increase in the scope of work.

An increase in the volume of work performed is understood as the performance, along with one's main job, stipulated by an employment contract, of an additional amount of work in the same profession or position (). At the same time, an increase in the volume of work should be distinguished from the temporary performance of duties in a different position (profession, specialty), when the employee’s labor function partially (or completely) changes. It is impossible to recognize such work as an increase in the volume of work. With a temporary increase in the volume of work, the employee, due to the intensity of labor, increases the volume of output (services provided, work performed, etc.), and the intensive work itself is temporary.

To formalize the increase in the scope of work, it is necessary to conclude an additional agreement to the employment contract. Such an agreement determines not only the content, volume, amount of additional payment for the established increase, but also the term of future work (Article , Labor Code of the Russian Federation). Therefore, it is necessary to draw up an additional agreement to the employment contract every time it becomes necessary to increase the amount of work for the employee.

Question from practice: What is the maximum period for which a combination can be established?

The Labor Code of the Russian Federation does not establish maximum duration match term(). Therefore, the parties have the right to establish a combination for any period determined by them independently.

You can set the matching period:

specific date;
event: "before the start of work of the main employee."

If the combination is established for an employee with a fixed-term employment contract, then in order to avoid a controversial situation and recognize the contract as indefinite, the combination period should not exceed the term of the employment contract itself, and it is better to immediately fix it in the combination agreement. Otherwise, the employer will have to track the deadline additionally in order to warn the employee about the termination of the combination no later than three days before the end of the fixed-term employment contract ().

Restriction on positions when combining

161.70058 (10,12,16)

Can an employee combine positions of the same name

An employee cannot combine positions and professions of the same name. Combining means additional work in another profession or position. This combination differs from the temporary performance of the duties of an absent employee. In the temporary performance of duties, an employee can perform duties both in the same name and in different positions. This follows from the provisions of Article 60.2 of the Labor Code of the Russian Federation.

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

the head should not be a member of the bodies exercising the functions of control and supervision in this organization. That is, he cannot combine the duties of an auditor, auditor, etc.;
the head cannot combine the position of chief accountant. This restriction does not apply to small and medium-sized businesses, provided that they do not belong to credit. The head of a credit institution is prohibited from combining 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 the Law of December 6, 2011 No. 402-FZ.

Making a combination for an already working employee

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

If the combination is set for an employee already working in the organization, be sure to get his consent to the combination (). Issue the consent of the parties in the form of an additional agreement to the employment contract (). Specify in it:

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

the period during which the employee will perform additional work;
the amount of additional payment for combining professions (positions).

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

Based on the concluded agreement, issue an order to combine. The standard form of the document is not provided, so make it in any form *.

Entry in the workbook

Question from practice: whether it is necessary to enter information about the combination in the employee's work book

No, it doesn `t need*.

In the work book, the employer enters information about the employee, his main job, transfers to another permanent job, on dismissal, as well as information on awards (, Rules, approved, approved), does not provide for registration of records of combination.

Thus, it is not necessary to make an entry about the combination in the work book.

Combination fee

How to pay for the combination

When combining professions (positions), an employee is entitled to an additional payment in addition to his earnings.

Unmatching

How to unmatch

The employee has the right to prematurely refuse to perform additional work, and the employer has the right to cancel the order to perform it ahead of schedule. O early termination work in the combination mode, the employee must be notified in writing no later than three business days. If an employee wants to prematurely refuse to perform additional work, he must also notify the employer about this three working days in advance by submitting a written application. This procedure is provided for in Article 60.2 of the Labor Code of the Russian Federation.

Regardless of who initiated the termination of additional work on the basis of a completed notice or a statement received from the employee, issue an order to cancel the combination. The standard form of the order is not provided, so make it in any form. The order will confirm that both parties are aware of the cancellation of the combination, and fix its date, as well as inform all interested parties about this change. In particular, the order will become the basis for the accounting department to stop paying for the combination.

It is possible, but not necessary, to conclude a separate additional agreement to the employment contract on the cancellation of the combination. AT this case the parties do not agree on anything. Cancellation occurs unilaterally by notification without the need to obtain the consent of the other party. A similar approach is applied in case of dismissal. Upon dismissal, the parties conclude an agreement to an employment contract only if it is necessary to prescribe in it special conditions termination, such as a special term of dismissal or payment of additional compensation. If an employee notifies of dismissal (cessation of work) in general order in two weeks and the employer does not plan to agree on special conditions, then on the basis of the application they issue an organizational order for dismissal without drawing up any additional agreements.

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The double name is specified here:

GENERAL PROVISIONS OF THE UNIFIED QUALIFICATION DIRECTORY OF EMPLOYEE POSITIONS (as amended by the Decree of the Ministry of Labor and Social Protection of October 30, 2007 N 135)

In exceptional cases, double job titles may be established. The condition for establishing double names is the presence of the components of these names in OKPD and the presence qualification characteristics in EKSD, as well as the performance by employees within these labor functions of work (duties) related in content and equal in complexity within the same specialty and qualification (for example, an accountant-cashier). These positions have a position code (category code) according to their first name.
5. The category of managers includes persons who, within the framework of certain powers, organize, direct, coordinate and control the activities of the organization, relevant structural divisions, workers.
The title of the position of the head depends on the level of management, organizational structure, nature of authority, responsibility and other factors.
The titles of the positions of managers are established depending on the object of management:
heads of the organization - persons directly managing the organization (director, manager, etc.);
heads of separate subdivisions - persons appointed by the head of the organization to manage the activities of a branch, representative office and other separate subdivisions (director (head) of a branch, etc.) and their deputies;
heads of structural units - persons appointed by the head of the organization to manage the activities of the structural unit (head of department, foreman, head of laboratory, etc.) and their deputies.

As I understand it, in your case, the purpose of the double title is to establish an additional payment, in other words, it is a combination of positions.
It is possible to combine positions without giving a double name.
The combination of leaders is not something that is impossible, but as a rule it is not established.

RECOMMENDATIONS ON THE ORGANIZATION OF WAGES ON THE BASIS OF THE UNIFIED TARIFF GRID OF EMPLOYEES OF THE REPUBLIC OF BELARUS
The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee may be set as a percentage of the monthly tariff rate (official salary) for the main job, but not more than tariff rate (official salary) in the combined profession (position). The specific amount of these additional payments to each employee is established depending on the complexity, nature, volume of work performed, and the degree of use of working time.
The above surcharges, as a rule, are not established:
heads of the organization, their deputies and assistants; the main specialists of the organization; heads of structural divisions and their deputies;