Instructions: how to write a statement of refusal to combine positions. Order to cancel additional payment for combining positions (sample)

Legislation

The regulation of labor relations of this kind has a fairly extensive regulatory framework:

The possibility of performing additional functions during regular working hours is provided for in article of the Labor Code under number 60.2. To assign additional work to an employee, the employer must obtain his written consent.
Additional payment for additional work is calculated in accordance with Article 151 of the Labor Code and the agreement of the two interested parties (employee and employer).
Termination of part-time work is carried out in accordance with Article 72 of the Labor Code. It should be taken into account that this is not annulment of the main agreement, but only a cancellation (change) of the previous agreement.

You should also remember that you can get a part-time position only at one enterprise or in one organization or institution. This is an internal type combination. For the external combination of two positions, the law provides for another term - part-time work, which requires the mandatory signing of a separate agreement.

Conditions for assigning additional work

Current legislation states that part-time work can be entrusted to an employee if three conditions are met:

Availability of open vacancy. The company's staffing table contains a position whose functionality will be performed by a specific specialist;
Mutual consent of the parties. The employing company and the specialist came to an agreement on new terms of interaction.
Preparation of documents. A set of personnel documents is required that mediate the combination of positions: an additional agreement to the employment contract, an order, the written consent of a hired specialist.

It is necessary to distinguish between the concepts of combination and part-time work. The first means that the employee performs additional functions during the working day, the second means that the employee’s free time is devoted to these duties.

At the initiative of the employee

An employee has the right to refuse to perform additional job functions for personal reasons. Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.

At the initiative of the employer

This often happens due to the employee’s dishonest performance of his duties or disciplinary violations. The employer does not need to coordinate the removal of multiple positions with the employee

. The legislation only requires issuing an order to terminate the combination from a certain date (Article 60, Part 2 of the Labor Code of the Russian Federation) and notification

. After this, the employee must familiarize himself with the document no later than three working days and put his signature on it.

From the date of cancellation, the employer is not obliged to make additional payments (Article 151 of the Labor Code of the Russian Federation).

release from duties

If the duties were assigned in the order of combining positions (i.e., without interruption from the main job), then, if necessary, the combination of positions can be canceled both at the initiative of the employee and at the initiative of the employer (Part 4 of Article 60.2 of the Labor Code of the Russian Federation) .

Types of part-time activities

Current labor legislation identifies the following forms of legal relations related to additional employment:

Combining or expanding service areas or increasing the volume of work, including by performing the duties of a temporarily absent employee;
Part-time job.

Combination involves the performance of additional duties that are carried out during the working hours established by the employment contract. For example, if an employee’s work schedule is from 8 a.m. to 5 p.m., then during this time he performs both his own duties and additional ones. It is especially worth noting that in this case he is performing work related to another profession.

The concept of “part-time work” means that a second employment contract must be concluded with an employee who will perform additional work. The fulfillment of duties under this agreement must take place during free time from the main job. That is, if an employee works from 8 to 17, then from 17 to 19 he must perform work under the second employment contract. We emphasize that in this case, at the request of the part-time worker, an entry can be made in the work book stating that he worked under the second contract.

In cases where the combination occurs in the same profession or position specified in the employment contract, we can talk about expanding service areas or increasing the volume of work.

How to cancel an additional agreement

Samples of the relevant documents can be found in the attachment to the answer below. Details in the materials of the Personnel System: “Alpha” INN 7708123459, KPP 770801001, OKPO 98756423 full name of the organization NOTICE of the termination of the expansion of the service area to accountant Ivanova E.V. Moscow 04/11/2021 Elena Vasilievna, we would like to inform you that as of April 15, 2021, the order agreed with you to expand the service area is cancelled. Director A.V. Lvov Reviewed: 04/11/2021 E.V. Ivanova The article on bonus orders will help you avoid mistakes in your work. Popular questions "Alpha" INN 7708123459, KPP 770801009, OKPO 98756423 full name of the organization ORDER No. 5 on the cancellation of the expansion of the service area of Moscow 04/14/2021 In connection with the start of work of accountant A.S. I ORDER Glebova: 1. To cancel the order to accountant V.N. from 04/15/2021.

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Therefore, when drawing up a contract or agreement, you need to be careful. Correct preparation of documents allows you to avoid serious mistakes and misunderstandings, and also largely determines the outcome of a possible trial. You How to write an additional agreement The need for an additional agreement arises when it is necessary to present in a new edition certain provisions of an existing agreement.

Registration procedure

Refusal of combination or its cancellation has a rather complicated procedure.

Three main documents are required (application or notification,

order and additional agreement), as well as strict adherence to the procedure.

At the first stage, a warning (notification) is made to the second party.

If the initiator is an employee, he writes and submits an application addressed to the head of the organization, institution or enterprise. This document does not have a single (unified) form, so it is written by the employee by hand.

The request is presented in free form, however, it is necessary to enter the main points and information:

Contact the management indicating the last name, first name and patronymic, as well as the position of the manager.
Enter the last name, first name and patronymic of the employee, as well as indicate his position.
Write the exact title of the document (it is placed in the center of the sheet).
Briefly and clearly state your request to terminate your employment as a part-time worker.
Enter the date the document was created, as well as your signature with a transcript.

If the initiator is the employer, he also draws up a notice in free form. Labor legislation does not provide a single form for this document. The document contains the following blocks:

Full name (about early cancellation).
An appeal to the employee with a brief statement of the essence of this appeal. As a basis, the article of the Labor Code under number 60.2 is indicated and information is entered on the agreement, which was amended by an additional agreement (registration number, date of signing of the agreement).
The manager’s signature contains a transcript and an indication of his position. For example, “General Director Sidorov V.I. (Sidorov Viktor Ivanovich)"

Having received the notification, the employee puts his signature on it (the wording “I have read the notification”). If the application is submitted by the employee himself, the employer is obliged to impose a handwritten resolution on him. This entry also serves as confirmation that you have read the document.

At the next stage, management issues an order. The basis for publication is a statement or a notice sent by the manager and signed by the employee, as well as an additional agreement.

Moreover, according to modern labor legislation, the agreement is drawn up both when hiring an additional workplace, and when canceling such work activity.

The document contains:

Full title and date of compilation.
A laconic listing of the conditions or reasons for terminating this combination.
Details of both parties. These include the TIN of a legal entity, its registration number, postal address and zip code, and contact numbers. For the employee, passport data, telephone number, and home registration are indicated.
Signatures of both parties with transcript.

The order also does not have a single form, but it is possible to draw up the document on a form approved by a specific enterprise or organization.

The document contains the following points:

The name of the legal entity, the name of the locality in which this legal entity is located, the number and date of publication of the document.
The title of the document, placed in the center of the sheet.
Brief instructions. For example, “in connection with the hiring of an employee on a permanent basis, I order.” The details of the document that serve as the basis must be given. In the above example, you should indicate the number and date of signing the agreement under which the new employee was hired.
The manager's order consists of two points. The first states that such and such employee’s job has been terminated. The second indicates that additional payments for combining are no longer accrued to him.
The basis for this is the signing of an additional agreement.
The manager’s signature with a transcript is placed below.

Do I need to enter into a new TD?

Combining positions does not require the conclusion of a new contract. It provides that instead of a TD, an agreement of the parties is drawn up here, which does not have independent legal force. The existing contract is the main document, and the newly drawn up agreement acts as an annex to the main employment contract, which was previously drawn up by the parties.

Drawing up an additional agreement

The document begins with the name and details of the agreement to which it is attached. Must be indicated:

date and place of imprisonment;
parties to the agreement.

It is stated here that from a certain point the employee performs additional duties provided:

with additional payment;
without exceeding working time standards.

The document can use the wording: “expansion of the service area (sphere)” if the agreement provides for additional service of the number:

company clients;
patients in areas or wards;
students or pupils;
readers, passengers, buyers, etc.

The agreement can be concluded on a permanent or temporary basis, indicating the timing of the combination, if the part-time job appeared for a limited period, or indicating the reason for the combination, which will be the reason for the termination of the additional activity. For example, if a colleague:

went on maternity leave;
went on a business trip or internship;
issued sick leave for a long time, etc.

In this case, information about the timing will be expressed by the date of origin and termination of the employment relationship. Or an approximate wording: “during A.A. Ivanova’s maternity leave.”

If a permanent vacancy has become available for which a person is applying for a combination of positions, then the agreement is drawn up without specifying a deadline. In this case, it will be valid until the terms of the agreement are terminated bilaterally or unilaterally.

The validity period of the document or its unlimited (permanent) nature is indicated in the introductory part of the document. If this information is not included, then the agreement is legally binding:

until the TD is terminated;
before the main rate is reduced;
until the part-time worker is dismissed from his main position.

How to make changes to the additional agreement on combining positions?

The additional agreement on combining positions acts as an annex to the main working agreement of the parties. This document contains all the changes that took place in the originally executed agreement. It must be compiled correctly, without errors or inaccuracies. If for any reason it is necessary to make amendments to its text, a new document must be drawn up and an order drawn up for this case.

Structure and pattern

The combination procedure and all its nuances are regulated by the provisions of article of the Labor Code numbered 60.2, and all the differences between this type of work activity and part-time work are reflected in article 60 of the Labor Code.

The order can be drawn up in free form on the standard letterhead of an organization or enterprise. To unify the document, it is necessary to include in its structure:

information about the position held and the nature of work activity;
information about the timing of the combination and the volume of work performed (responsibilities);
information on payment for this activity (the amount of additional payment).

The completed document contains the following sections and paragraphs:

Full name of the organization, enterprise or institution. The name of the locality in which this legal entity is located. Date of document preparation.
The full name of the document, placed in the center of the form (about canceling the combination).
Indication of the last name, first name and patronymic of the employee from whom additional labor duties will be removed.
A list of the legal grounds on which this order is issued. For example, a reference is made to article of the Labor Code numbered 60.2 or another legislative document.
A short order outlining the essence of the order. For example, it is indicated that the employee has expressed a written desire to relieve himself of additional duties (the registration number of the application and the date of its submission to the manager are also indicated here). Or it is indicated that the employee has violated discipline. In this case, a reference is made to the relevant acts and memos.
The next paragraph states that the employee loses all additional payments accrued to him for combining jobs.
Indication of documentary grounds. Here you enter information on the additional agreement (its number and date of signing).
Signatures of both interested parties with a transcript and a wet seal of the organization, institution or enterprise.

Storing an order

For each category of documents, the legislation of the Russian Federation establishes certain storage periods. The order on the removal of obligations for the position being filled contains information on personnel, as it establishes:

additional responsibilities;
salary supplement from which social and pension contributions are calculated.

According to the provisions of the List approved by the Order of the Ministry of Culture of Russia dated August 25, 2010 (No. 558), the employer stores any document on personnel for 75 years after its signing.

How to draw up a sample order to cancel additional payment and stop additional work

Labor legislation does not provide for a unified form of order to cancel an increase in the volume of work, so HR specialists draw up this document in any form.

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The order to remove the additional payment and stop additional work should indicate:

base;
position and structural unit of the employee for the main and then additional work;
date of removal from the employee of additional responsibilities;
cancellation of bonus payments.

A sample order to cancel additional work is filled out by a personnel service employee and signed by the head of the organization or his authorized person. The employee must be familiar with the order against receipt. The order is registered in the personnel register of orders (instructions). Its shelf life is 75 years.

How is registration cancelled?

Work other than the main one. For example, a foreman combines the position of a driver, driving around objects independently and performing work transportation.
Increasing the service area or increasing the volume of work on core activities.

In this case, when combining, the following payment conditions may be established:

The surcharge can be set to a fixed amount.
May be calculated as a percentage of the employee's daily earnings.
It is set as a percentage of the hourly rate of the combined profession.

The Labor Code of the Russian Federation does not regulate the maximum standards for the minimum and maximum levels.

When is it permissible to stop combining?

Combination assumes that an employee, with his consent and for appropriate payment, is entrusted with performing additional work within the limits of his working day in the same or another position (profession). To work on a part-time basis, an additional agreement is concluded to the main employment contract.

In accordance with Article 60.2 of the Labor Code of the Russian Federation, both parties have the right to initiate the cancellation of the combination. And this can be done ahead of schedule, without waiting for the end of the deadline. To prevent the emergence of controversial situations, all documents must be drawn up correctly and in accordance with the requirements of current legislation.

If it is difficult for an employee to carry out additional work assigned to him by the employer, and he decides to refuse to combine work, he should notify the employer about this in writing. The application must be sent no later than three working days before the termination of additional activities.

If the initiator is the employer, he is obliged to draw up a notice of removal of the combination and transfer it to the employee within the same time frame - 3 working days. The employee must read the notice and sign it.

The most common reasons for completing a combination of positions are as follows:

the combination period established by the additional agreement has expired;
a new employee was hired for a combined position;
the employer no longer needs the employee to perform additional work functions;
the employee is no longer satisfied with the combination of positions on the previously agreed conditions.

Is there a concept of “firing a part-time worker”?

Release from a part-time (not to be confused with part-time) position is not legally considered dismissal. In official documents, this procedure is called “oh, calling it “part-time dismissal” would be a factual error.

Thus, in order to correctly remove an employee from a part-time job, you will need to initially correctly draw up an additional agreement and order. If the desire to remove an employee from one of their positions comes from the employer, then notification addressed to the employee will be required. It is important to inform the employee of the end date for additional payments.

Internal combination of positions in an organization is a fairly common practice. This option is beneficial for both employers and employees. But in some cases, it may be necessary to cancel the combination, which can be initiated by any party. How to cancel a combination at the initiative of the employer? What documents will be required? How to cancel additional payment to an employee for combining professions? The answers to these and other questions are in our material.

Conditions for canceling a combination by a manager

You can read about all the main aspects of ending a part-time job in Article No. 60 of the Labor Code of the Russian Federation. The specifics of the opt-out process depend on the specific terms of the employee's contract. To prevent the occurrence of possible labor disputes, the decree must be drawn up in accordance with all the rules of the current Labor Code of the Russian Federation.

It is worth remembering that the employee himself has the right to refuse to combine and perform additional duties. Perhaps the employee is no longer attracted to the position under the agreed terms.

Additional work in an additional agreement how to cancel

Make the preamble in exact accordance with the text of the canceled agreement, unless anything has changed in the names of the parties previously. If it has changed, please indicate the current names. The preamble must contain the names of the parties, their representatives, the names of documents confirming their powers (Charter of the enterprise, power of attorney, certificate of state registration of an entrepreneur or other), and the name of each party in the text of the document in the future (for example, Customer and Contractor). 3 In the section on the subject of the additional agreement, which should be the first after the preamble, indicate the output data of the canceled agreement, the fact of its cancellation and the period from which this change comes into force: from the moment of signing or otherwise.

If possible, you should send this refusal by registered mail, with a description of the attachment. If the initiator in such a situation is the employer himself, then he is also obliged to notify his employee in advance about the termination of the additional agreement to the employment contract.

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How to fire a part-time worker at the initiative of the employer

Labor legislation regulates the special procedure for the work of part-time workers, their hiring, registration, and dismissal. There are several reasons for terminating an employment contract with such an employee at an enterprise: his own desire, agreement of the parties, as well as dismissal related to the initiative of the enterprise. The dismissal of a part-time worker at the initiative of the employer must take place exactly in accordance with the specified provisions of the law, taking into account the specifics of the job - internal or external part-time work. It is extremely important to adhere to the procedure established by law, since, most often, dismissal occurs with violations, which leads to legal proceedings.

For example, with internal part-time work, the peculiarity is that the work book is stored at the same enterprise. Accordingly, this employer is responsible for entering information about the work of this employee into it. In addition, when resigning from a part-time position, he does not lose the main position in which he is registered in the same company. And vice versa, having quit his main job at this enterprise, he does not lose the second position, which he performed in his free time.

Cases of dismissal of a part-time worker

A specialist who works in his free time from his main job can be dismissed from his position on the following grounds:

At the initiative of the employee himself;
Due to the hiring of a key employee for this position;
In connection with the liquidation of the enterprise;
If his health condition does not allow him to work in this place;
By reduction, if the employer has decided to reduce this position.

These are the main situations when an employee working part-time can be fired, as evidenced by common practice. If we summarize all the above circumstances, then there are reasons initiated by the employer, and there are situations in which the employee wants to resign himself. He can also be dismissed on the grounds set out in Article 77 of the Labor Code.

Let's consider how, and in what cases, an employment contract with a part-time worker is terminated at the initiative of the enterprise.

Hiring a key employee

The dismissal of a part-time worker upon hiring the main employee is regulated by the provisions of the Labor Code of the Russian Federation, and is an additional basis for termination of employment relations with employees. That is, in addition to the main reasons for termination of a contract, dictated by Article 77 of the Labor Code of the Russian Federation, there is also Article 288, which allows you to dismiss an employee if the main specialist is hired for this place of work.

But the justification for termination of the employment contract under Art. 288, is the fact of hiring a main employee to this position. Confirmation of such an appointment may be an order that is issued simultaneously with the order to dismiss the part-time worker. These orders must be dated, preferably on the same date, so that both hiring and dismissal occur according to the law.

The same provision of the article obliges the part-time worker to be notified of the impending termination of the employment contract and the reason for dismissal, two weeks before issuing the order. Of course, here the employee’s consent is not necessary, since it is the employer’s right to hire the employee for whom this position will be the main one. The law does not indicate which part-time worker can be fired under this formulation, internal or external. There is only a certain nuance: when an internal part-time worker is fired, he leaves this position, but remains in his main position, at the same enterprise. An external part-time worker leaves his place of work, remaining an employee of a completely different enterprise.

Another nuance, incomprehensible to many personnel officers, is what to do with an internal part-time worker when he quits his main position, but remains in a second one. After all, an employment contract must then be concluded with him. But such a conclusion does not happen automatically, and one must adhere to the rules and regulations of the law. In particular, one thing remains clear and unchanged - it is impossible to terminate an employment contract with a part-time employee due to the hiring of a main specialist for this position if he was fired from the same enterprise as the main employee. First, you need to offer this job to him as the main one, and then offer this position to other specialists.

Dismissal for violation of labor discipline

In addition to the fact that an employee can be dismissed at the initiative of the enterprise if a main employee is hired in his place, the law also establishes general grounds for the dismissal of a part-time worker, among which can be identified violation of labor discipline. For example, absenteeism, appearing at work while drunk, or systematic failure to fulfill job duties can be a reason for parting with an employee of the enterprise.

The dismissal of a part-time worker at the initiative of the employer for absenteeism occurs in the same manner as for main employees. The only difference is that the work book of an external part-time worker is located at another enterprise, in which he is considered the main employee, and it is the main employer who must enter into it information about the termination of the employment relationship. Moreover, according to the opinion of the Plenum of the Supreme Court of the Russian Federation, it is possible to fire a part-time worker for absenteeism, but the burden of proving the legality of such an act lies with the employer.

First of all, it is worth finding out the reason for the employee’s absence from the workplace. Although, the fact itself must be recorded in writing in the form of an act of the created commission, which is formed on the basis of a report from the immediate superior of such a specialist. The act indicates that a certain employee was absent from the workplace for a shift (after all, most often, the working time of a part-time worker does not exceed 3 hours). And failure to show up for a shift, regardless of its duration, is also considered, by law, absenteeism.

After the employee appears, you should require an explanatory note from him, in which he must indicate the reason for his absence from work. If he refers to the validity of such a reason, then you need to request supporting evidence from him, for example, a certificate from the hospital, or from the police if he was involved in an accident. If the reason is revealed to be unjustifiable, immediate dismissal must be carried out, since the Code sets deadlines for bringing to disciplinary liability.

Staff reduction

Employees working part-time at an enterprise may have their employment contracts terminated due to a reduction in the number of staff or structural units. In this case, he will have to receive severance pay as a compensation payment in the amount of average monthly earnings.

Most practitioners argue about whether it is necessary to maintain the average monthly salary for such an employee, as required by the Labor Code. Some argue that it is necessary, because the law establishes the same rights and guarantees of compensation payments for part-time workers. But others believe that this is not necessary, since he is already employed at his main place of work. What happens? Should he maintain his average monthly earnings for the next two months or not?

Judicial practice confirms the employer's right not to pay him the average monthly salary for another two months if he has a main place of work. If, at the time of termination of the employment contract, the employee does not have another position, that is, remains unemployed, then he must receive not only severance pay, but also the average monthly salary for two to three months before his employment.

Registration of dismissal of a part-time worker

The procedure for terminating an employment contract differs slightly from the general one in that the work book is kept at another enterprise in which he is listed as the main employee. Therefore, a completely reasonable question arises as to who should fill out the work book when a part-time worker is dismissed.

Registration takes place at the main place of work, taking into account the fact that the employee in whose employment record is made must bring a document that confirms the dismissal, indicating the reason and justification for the termination of the employment contract. It turns out that the dismissed person needs to bring a copy of the order or a certificate from the enterprise, which will contain the wording and a reference to the norm of the Labor Code of the Russian Federation regulating the basis for terminating the contract with the employee.

The company where the part-time worker worked was entrusted with the obligation to correctly complete the basic documents, make all the necessary payments on time, pay them in a timely manner and issue the requested certificates. The dismissed employee receives compensation for unused vacation along with his salary, regardless of the reason for leaving his position. But in case of staff reduction or liquidation, he must also receive severance pay in the amount of no less than the minimum established by law.

Features of payment cancellation

Internal matching work is usually paid based on the amount of time spent fulfilling contractual obligations. The amount of the surcharge is determined individually, and its specific amount must be indicated both in the agreement and in the cancellation order.

There are companies that provide a fixed system of additional payments, which were stipulated in the regulatory documentation. The head of the company may refer to this document when drawing up a decree to terminate the combination.

To remove the additional payment for combining positions, you can write a separate decree. Its text will look approximately as follows: “...Cancel the additional payment to I.I. Ivanov for a combined position, the amount of which is 00 rubles 00 kopecks from 01/01/2017.”

After a person is dismissed from another position, he is given a copy of the order so that changes can be made to the work book on its basis. If the employee remains working in the main position, then the work book is not issued to him.

Controversial issues related to the abolition of combination

Firms wishing to remove the combination at the initiative of the employer are faced with a number of controversial issues due to ambiguous interpretation of legislative norms. The following doubts often arise:

1. Is it possible to cancel a combination of personnel transfers?

The concepts of increasing professional workload and personnel transfer are not synonymous according to the Labor Code of the Russian Federation. The first means assigning additional work to a specialist, for which he is entitled to a separate payment, the second means a change in the job function, place of performance of duties, or the transfer of the employee to another structural unit of the company.

Current legislation does not prohibit a company from transferring an employee to another position during a combination of jobs. The decision made is confirmed by an agreement of the parties, signed with the consent of the employee, and in some cases (for example, when changing technology) - without his acceptance.

From the provisions of Art. 60.2, 72, 72.1, 72.2 it follows that translation itself does not cancel the effect of combination. If the company wishes to terminate it, it is obliged to use the mechanism proposed by Art. 60.2 Labor Code of the Russian Federation. If there is no written notification to the employee, he continues to perform additional duties, and the company must transfer the payment for these services indicated in the previously concluded additional agreement.

2. Is it possible to cancel a combination during a specialist’s vacation?

From the provisions of Art. 60.2 of the Labor Code of the Russian Federation it follows that a specialist being on vacation is not an obstacle to ending the combination. According to Art. 114 of the Labor Code of the Russian Federation, a citizen must retain his main position, but not an additional burden. To formalize the cancellation, the company sends a notice by postal order, courier or other means to ensure that the employee has read the text of the document. She has the right to invite him to the office to sign the paper.

3. Is it possible to refuse employment to an applicant if a combination of jobs is registered for the position he is interested in?

Art. 64 of the Labor Code of the Russian Federation prohibits companies from unreasonably refusing to hire applicants. A negative answer due to an already completed combination is not such a situation. The law leaves organizations the right to independently decide which positions are vacant. If the employee assigned to the “orphaned” functionality copes well with it, the company is not obliged to hire a new specialist for the position.

Typical mistakes when placing an order

The order to cancel the combination is a specific document, during the execution of which the following errors may be made:

An entry about the combination is entered into the employee’s work book. However, the fact of combining positions is not included in the work book. This does not affect the calculation of pension and insurance payments, which are made by the employer taking into account the added salary. If the employee still needs documentary evidence of the combination, the employer can issue a confirming certificate.
When canceling a combination, the order does not include information about the cancellation of additional payments, although in fact the accrual of the premium stops. However, setting wages is one of the most important guarantees of employee rights. An arbitrary, groundless reduction in an employee's earnings is unacceptable. Therefore, the fact of cancellation of payment for additional functions must be reflected either in the order to terminate the combination itself, or in a separate document.

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