Changing a job description without the employee’s consent

Every company encounters the following situation: they hired an employee to perform certain duties, and after a few months his functionality was significantly adjusted to meet the needs of the company. In accordance with this, it is necessary to change the documents in which the employee’s range of affairs is recorded. HR specialists assure that it is very important to make such clarifications in personnel documents in a timely manner.

“This allows you to avoid conflicts between what you really want from your employees and the provisions spelled out in an already outdated job description,” says Asya Akhmedyanova

, Head of the HR department of the Superjob portal.

Experts on personnel problems are, of course, right, but in reality many questions arise, to which even the legislation does not provide clear answers. The main points that accountants stumble over are: what document needs to be adjusted to change the employee’s duties, and should the employee’s permission be asked for this?

Is it possible to assign responsibilities without additional payment: paperwork

Labor legislation does not imply serious restrictions when assigning additional work responsibilities to employees. But if the employer makes a mistake when preparing documents, then questions and sanctions from the authorities exercising control are possible. Often an employer has a question about whether it is possible to assign duties to an employee without additional payment.

Assigning additional responsibilities to employees

Additional responsibilities: how to assign an employee

Here it is worth referring to Article 60 of the Labor Code. According to this rule, employees cannot be required to fulfill obligations that are not contained in the original agreement between them and their employers.

Each enterprise draws up special job descriptions that describe in detail the range of responsibilities. Often it is wide enough without additional loads.

The employee must familiarize himself with this document, as well as with his responsibilities, on the day he signs the agreement with the other party.

The following options are available if additional work is required:

1. Standard registration of combined positions. In this case, it is recommended to rely on the provisions of Article 60.2 of the Labor Code of the Russian Federation. This means that an additional agreement is signed to the current contract.
2. The employee is hired as an internal part-time worker for another position. Here the main support is Article 60.1 of the Labor Code of the Russian Federation. Then another Labor Agreement is drawn up.

In any case, it is impossible to do without paying the employee additional remuneration.

The Labor Code does not regulate the issue of payment in any way. That’s why the manager himself and his subordinates do this. It is important to come to a compromise that suits everyone.

New responsibilities without extra pay: is it possible?

Is it possible to assign duties without additional payment?

And here you can find a solution, but it is permissible to use only two methods.

Indication of relevant information in the employment contract. It should be written that during the absence of an employee with similar functions, his work can be performed by other team members. It is separately reported that there is no additional charge for such situations.

But this method is relevant only in the temporary absence of an employee. And in the case when the functions are really similar. This option cannot be used if the relevant information is initially missing from the Employment Contract.

Making changes to job descriptions. In this case, a change in the citizen’s labor function is assumed. This means that the employment contract itself changes, for which an additional agreement is drawn up.

The main thing is to indicate exactly which document and in which edition now becomes the main one. It is impossible to use such a solution without the consent of the worker.

The company's management must decide for itself which option would be more appropriate.

Temporary transfer and combination: features

This translation is one of the most convenient design options in such situations. The timing of temporary transfers usually depends on the reason.

For example, you can establish that the performance of new duties ends when the main employee returns from vacation. In some cases, this does not even require consent from the employee. For example, when there is a general production need.

Combinations are usually formalized if key employees go on maternity leave or long vacations. This is where Article 60.2 of the Labor Code comes to the rescue.

It is assumed that the part-time worker performs both his main job and additional work. This period is usually also associated with the following concepts and phenomena:

1. Recalculation of wages, upward.
2. Significant expansion of the service area.
3. Increasing the direct volume of work.

In case of oral agreements

Verbal agreement to assign responsibilities to an employee

An oral agreement allows you to avoid many formalities. The manager will not have to spend a lot of time on documentation.

But such agreements protect the employee least of all from a legal point of view. After all, the job description is not adjusted, and the salary is not recalculated.

That is, an employee has two staff units at once. And he has no additional remuneration.

An employee has every right to refuse to take over the duties of someone who is currently on leave. But it often happens that after a refusal, the employer threatens to fire you.

But in such a situation, the law is on the side of the subordinates. If dismissal does occur, then you have every right to go to court in order to protect your rights. If the outcome of the case is positive, the citizen is reinstated to his position without any problems.

Replacement of managers: some features

Any manager is the most important person on whom the further successful activities of the enterprise depend. Therefore, the replacement procedure requires a responsible approach.

An experienced director always agrees in advance with who will replace him. For this purpose, all documents are drawn up and specifics are specified.

The peculiarity is the need to issue a so-called power of attorney to replace and perform duties. It should be separately said that the deputy has the right to sign documents, use company stamps and seals if necessary.

Source: https://naimtruda.com/otnoshen/mozhno-li-vozlozhit-obyazannosti-bez-doplaty.html

From the very beginning

Every accountant knows that it is easier to foresee a problem than to eliminate its consequences. This also applies to job descriptions. Many companies are systematically reviewing the requirements and responsibilities that apply to candidates for available vacancies. Drawing up a clear DI before hiring an employee has many advantages. Firstly, you can study the negative experience of a specialist who previously worked in a vacant position and include in the job description the skills that the predecessor lacked, or, on the contrary, document the advantages that the quitting employee had, but they were not reflected in the DI .

In addition, a job description helps to significantly narrow the search for a new employee, because the result of its preparation will be a complete list of skills that a person should have. DI also allows you to refuse unsuitable candidates on legal grounds, since the employer’s negative response must be justified, which is easy to do if there are clear requirements for the employee that the applicant does not meet.

Is it possible to assign responsibilities without additional payment: details of registration

Of course, the choice is yours. But still, substitution is perhaps the most optimal of the three options for the holidays. After all, the employee will not have to be released from performing his own duties. Therefore, we want to talk about how to properly arrange and pay for the replacement.

We agree with the employee

So, the employee, along with his main job, will perform additional duties within the working hours established for his main job by condensing his work during the working day. He may be entrusted with both work similar to the one he performs (increasing the volume of work, expanding the service area), and work in a different position/profession (combining).

We advise the manager Substitution is the most convenient way to assign the responsibilities of a temporarily absent employee to another employee. After all, the employee performs additional duties along with his own during the working day.

One employee can be assigned to perform the duties of even several absent employees, if he has the ability to cope with this additional workload during the working hours established for him. But first you need (Articles 60, 60.2 of the Labor Code of the Russian Federation): - obtain the employee’s consent to perform additional work;

- agree with the employee on payment.

We prepare documents

After receiving the employee's consent, we do the following. Step 1.

We include rules on filling positions in the local regulatory act. In order not to distribute the responsibilities of an employee who has gone on leave in a fire emergency, it is better to pre-establish options for possible replacement of positions in the local regulatory act of the organization (for example, in the internal labor regulations). This will also help when scheduling vacations. It is clear that it is better to redistribute responsibilities within one structure. positions.

Also, a local regulatory act can prescribe general rules for determining the amount of additional payments for performing the duties of temporarily absent employees. Step 2. We conclude an additional agreement to the employment contract. It must indicate (Articles 60, 60.2, 151 of the Labor Code of the Russian Federation):

— what additional work is assigned to the employee. If the employee will combine responsibilities for another position, indicate exactly what responsibilities he is assigned (all or only certain responsibilities). If the replacement takes place for a similar position, then write what additional amount of work the employee must perform;

— period . This will be the period when the replaced employee is on vacation, business trip, or on sick leave. But keep in mind that the “deputy” has the right to refuse to perform additional work before the expiration of this period. The employer may also cancel the substitution early. Each of the parties (both employee and employer) is obliged to notify the other party about this in writing no later than 3 working days; — amount of additional payment for replacement. The Labor Code of the Russian Federation does not establish either a minimum or maximum amount of such additional payment. It is established taking into account the volume of additional work assigned (Article 151 of the Labor Code of the Russian Federation): (or) in a fixed amount;

(or) as a percentage of the salary (tariff rate) for the main or replaced position.

An additional agreement must be concluded with an employee temporarily replacing another . One order is not enough.

If several employees are entrusted with the duties of a temporarily absent employee, the amount of additional payment may be the same for everyone or may vary depending on the amount of additional work assigned. However, its size may not be limited to the salary of a temporarily absent employee.

Additional agreement to the employment contract dated March 12, 2007 N 31-TD

Moscow May 20, 2011

Limited Liability Company “Season”, hereinafter referred to as “Employer”, represented by General Director A.A. Smirnov.

, acting on the basis of the Charter, on the one hand, and Ksenia Borisovna Filippova, holding the position of accountant, hereinafter referred to as “Employee”, on the other hand, collectively referred to as the “Parties”, have entered into this additional agreement to the employment contract dated March 12, 2007 .

31-TD about the following: 1. In connection with the senior accountant Ryabova I.N. being on annual paid leave. The employee is entrusted with the performance of all her duties in accordance with the job description during the period from May 23 to June 5, 2011.

without releasing the Employee from performing duties as an accountant.

2. The employee is given an additional payment for performing the duties of a temporarily absent employee in the amount of 40% of the salary for the position of senior accountant.

Employee Employer

Step 3. We draw up an order for replacement. The employee must be familiarized with this order against signature.

Limited Liability Company “Sezon”

Moscow May 20, 2011

Order

For the period of the next annual leave of the senior accountant Ryabova I.N. from May 23 to June 5, 2011, assign the performance of her duties to accountant K.B. Filippova. without releasing her from her job as an accountant. Install Filippova K.B. for the specified period, an additional payment of 40% of the salary for the position of senior accountant.

General Director of LLC “Sezon” ————— Smirnov A.A.

The following have been familiarized with the order:

————— Ryabova I.N. May 20, 2011 ————— Filippova K.B. May 20, 2011

Source: https://superfb.site/zakon/gosudarstvo-i-pravo/mozhno-li-vozlozhit-obyazannosti-bez-doplaty-nyuansy-oformleniya.html

Assignment of duties without additional payment

For example, you can make an offer to combine positions. At the second stage, they begin to draw up the order itself. Here they write about the validity period of the document, describe the responsibilities themselves that you will have to face. It is impossible to do without determining the amount of remuneration. The order is registered using a special journal, where the document is assigned a separate number.

The employee must be familiarized with the document against personal signature. About additional responsibilities within one position The regulatory documents do not contain clear recommendations for drawing up job descriptions. There are only special recommendations from Rostrud. Therefore, paperwork remains an entirely voluntary matter for employers.

The form of such documentation remains arbitrary.

How to formalize the assignment of duties to a temporarily absent employee?

Let’s assume that the organization’s staffing table provides for the following positions: - chief accountant (1 unit); - senior accountant (1 unit); - accountant (2 units); - cashier (1 unit); - head of the personnel department (1 unit). .); - senior personnel inspector (1 unit).

The following options for filling positions may be established in the internal labor regulations.

Positions of temporarily absent employees for which replacement is allowed Acting duties of a temporarily absent employee Chief accountant Senior accountant Senior accountant Accountant Accountant Senior accountant, accountant Cashier Accountant Head of the HR department Senior HR inspector Also in a local regulatory act, you can also prescribe general rules for determining the amount of additional payments for performing the duties of temporarily absent employees workers.Step 2.

Is it possible to assign responsibilities without additional payment: details of registration

Such officials include:

1. Typically, the responsibilities of a manager going on vacation, including signing authority, are assigned to his deputy.

In this case, no additional payments will be made. If you spell out this condition in the job description, then with the deputy. the director will not have to enter into an additional agreement each time.

1. The same replacement procedure applies to a chief accountant going on vacation.

Initially, responsibilities are transferred to his deputy without additional payments.

One worker on two chairs

Sometimes this method is more optimal than redistributing responsibilities. However, leaders are extremely reluctant to agree to it. It's all about finances.

A newly hired employee will have to pay the entire salary, while for a full-time employee even half is enough. This results in serious savings in funds. There is also such a nuance as an introduction to the matter.

A new person is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down. Temporary assignment of duties can be carried out for a period of up to one year or until the main employee leaves. In case of transfer, the person retains his place of service.

How are the duties of a temporarily absent employee performed?

In addition, it guarantees safety when it comes to government inspections. The first stage is to obtain consent from the employee in writing.

How to register temporary performance of duties by another employee

After all, the employee will not have to be released from performing his own duties. Therefore, we want to talk about how to properly arrange and pay for the replacement.

We come to an agreement with the employee So, the employee, along with his main job, will perform additional duties within the working hours established for his main job by compressing his work during the working day.

He may be entrusted with both work similar to the one he performs (increasing the volume of work, expanding the service area), and work in a different position/profession (combining).

We advise the manager Substitution is the most convenient way to assign the responsibilities of a temporarily absent employee to another employee. After all, the employee performs additional duties along with his own during the working day.

Order on assignment of duties: subtleties of the issue

The administration may offer the employee a part-time job, that is, he will work for two people for some time. Another way is translation. In this case, the employee is relieved of his main duties.

For example, if the boss’s secretary goes on vacation or gets sick, a courier can be hired in his place. At the same time, the administration should consider whether this person will be able to perform his previous duties.

If he manages to fit into working hours, then a part-time job is used, otherwise a transfer is used. The assignment of duties to a temporarily absent employee must be properly formalized and additional payments must be taken into account.

It is also necessary to keep in mind that in post-Soviet countries, whose legislation in the field of labor relations is based on the previous code, changes have occurred. This means that personnel officers should look for a solution based on the national regulatory framework.

All documents that the deputy will sign must indicate the position (“deputy manager” (“deputy chief accountant”)), his last name, first and middle initials and signature.

If during this period the deputy does something, then it is he who will bear disciplinary (Article 192 of the Labor Code of the Russian Federation), material (Articles 232, 243, 277 of the Labor Code of the Russian Federation), administrative (Article 2.1 of the Code of Administrative Offenses of the Russian Federation) and even criminal liability (Article 24 of the Criminal Code RF).

The heads of the organization, their full-time deputies, as well as heads of structural divisions, as a rule, are not paid additional payment for the period of substitution. The Russian Ministry of Health and Social Development explained to us what this practice is based on.

Someone else's work for a while If one of the employees is absent from the workplace for some time, then his duties for this period are assigned to another member of the team. This usually occurs due to illness, vacation or business trip.

There are two possible solutions to this issue:

1. Temporary transfer to the position being replaced. The employee is set a salary for the new profession with all additional payments retained (with the exception of personal allowances). As a result, the amount should in no case be lower than his average salary at his previous place of work.
2. Temporary performance of duties along with the performance of their main work.

Assignment of duties to an absent employee without additional payment

When going on vacation while you are away, a replacement may be required. The duties of the person who went on vacation will be performed by another employee.

There are different methods of replacement: temporary, combining positions, increasing the volume of tasks. The employer assigns the duties of the temporarily absent person to another employee.

• How to assign the responsibilities of a temporarily absent employee under the Labor Code of the Russian Federation? Sample memo for the execution of affairs of the main employee
• Sample statement of consent
• Sample order

How to assign the responsibilities of a temporarily absent employee under the Labor Code of the Russian Federation? Management can use any convenient method to replace vacationers.

Performing the duties of an absent employee without additional payment

An order to assign duties to an employee has recently become commonplace in almost any enterprise. It is not difficult to draw up such a document. You just need to strictly follow a certain sequence of actions and not violate the Labor Code.

Reasons for issuing an order There are situations when one of the employees is absent from the workplace for one reason or another. But the enterprise should not change its usual rhythm of work or stop altogether during this time. The way out of this situation would be an order to assign the duties of this employee to someone else.

But before this, the employer must decide by whom and in what way these duties will be performed.

Is it possible to assign duties without additional payment?

Early termination of temporary substitution Can an employee prematurely refuse to perform work within the framework of temporary substitution? An employee has the right to early refuse to perform additional work, and the employer has the right to early cancel an order to perform it. The employee must be notified in writing no later than three working days in advance of early termination of work as a temporary replacement. If an employee wishes to refuse to perform additional work early, he must also notify the employer in writing three working days in advance. This procedure is provided for in Part 4 of Article 60.2 of the Labor Code of the Russian Federation. Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment 2. Judicial practice: THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated March 11, 2003

Vote:

Labor Code of the Russian Federation on the right of an employee to receive wages in accordance not only with his qualifications, but also with the complexity of the work, the quantity and quality of the work performed.

The reference by the representative of the Ministry of Labor and Social Development of the Russian Federation to the fact that if a manager is absent for a long period of time (more than 1 month), the difference in salaries is actually paid to his replacement employee cannot be taken into account when resolving this dispute, which consists in standard control, while that the disputed provisions of the clarification themselves do not say anything about the need for such payment in the event of a long-term replacement of a manager by an employee (more than 1 month).

in a calendar year).

Raise the bar

The easiest way to make changes to the job description is if the employee agrees with the adjustment of this document. For example, when a newcomer comes to the company and is just getting acquainted with a new business for the first time. At first he performs the simplest work, but gradually he is entrusted with more complex tasks, and they, naturally, no longer fit within the framework of the job description that the person originally signed.

In such a situation, it is beneficial for the employee that the job description changes, and those large-scale tasks that were entrusted to him appear in it, and at the same time, the small tasks that had to be completed previously disappear.

What should I do if my employer assigns me additional work?

First of all, you should remember that to prevent this from happening, you must always know exactly what is included in your job responsibilities, what their boundaries are and the scope of your work.

What might be the answer to this question:

* your employment contract. Please note that simply indicating the job title is not sufficient and, in fact, does not determine your job function. As you know, unfortunately, the title of a “manager” position in different companies can imply a very different range of responsibilities, from a simple cleaner to senior managers. Therefore, if you want to define your function in an employment contract (and I would strongly recommend that everyone achieve this), an exhaustive list of job responsibilities must be included in the employment contract; * your job description; * oral negotiations with the employer when applying for a job and subsequently, naturally recorded on a voice recorder. In any case, it is in your interests that the list of your job responsibilities be: * exhaustive, i.e. did not include “etc.”, “etc.”; * certain, i.e. did not allow disputes about whether this or that function is within the scope of your job responsibilities or not. It is in your interests to avoid formulations like “carry out instructions from your immediate supervisor,” since, as you understand, in this case, the nature of the assignments that you undertake to carry out is limited only by the imagination of your immediate supervisor. If the scope of your responsibilities is not clearly defined, defending your rights when it actually expands or changes will not be easy, since it will be difficult to prove that it has expanded or changed.

Permanent change in work function (translation)

In accordance with Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location with an employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases discussed below. In accordance with paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts of the Labor Code of the Russian Federation,” structural divisions should be understood as branches, representative offices, as well as departments, workshops, sections, etc. , and under another locality - an area outside the administrative-territorial boundaries of the corresponding locality. Thus, the employer has the right to change your job responsibilities or assign you to perform other work only with your written consent. In accordance with Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by the employment contract. Art. 379 of the Labor Code of the Russian Federation gives an employee the right, for the purpose of self-defense of labor rights, to refuse to perform work not provided for in the employment contract by notifying the employer or his immediate supervisor or other representative of the employer in writing.

Sample application for refusal to work not provided for in the employment contract

The application should be submitted in a way that allows the employer to record its receipt (registered letter with notification, two copies, one of which bears a mark of acceptance, notification by telegram with notification).

Temporary transfer

Art. 72.2 of the Labor Code of the Russian Federation allows, by AGREEMENT of the parties, concluded in writing, the temporary transfer of an employee to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, is retained place of work - before this employee goes to work. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent. At the same time, there are situations in which the law allows the temporary transfer of workers without his consent. Such a transfer is possible: * in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases threatening the life or normal living conditions of the entire population or its parts. The duration of the transfer in this case is no more than a month. The purpose of such a transfer should be to prevent these cases or eliminate their consequences. In these cases, the employee may also be transferred to a job requiring lower qualifications. A slightly different situation arises when the basis for the transfer is not the elimination of the consequences of emergency circumstances, but a simple one or the need to prevent destruction or damage to property or to replace a temporarily absent employee. If these circumstances are also caused by a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, or other exceptional cases that threaten the life or normal living conditions of the entire population or part of it, then the employer also has the right to transfer the employee to another job for a period of up to one month without his consent to a job that does not require lower qualifications. At the same time, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee. i.e. The mere need to replace a temporarily absent employee does not give the employer the right to transfer the employee without his consent. This is only possible if the need is caused by the above-mentioned emergency circumstances. Please note that, as the Plenum of the Supreme Court of the Russian Federation explained in its Resolution No. 2 of March 17, 2004 “On the application by courts of the Labor Code of the Russian Federation,” in cases where the employer has the right to transfer an employee without his consent, refusal to comply is recognized violation of labor discipline, and absence from work is absenteeism. In case of temporary transfers at the initiative of the employer, the employee is paid according to the work performed, but not lower than the average earnings for the previous job.

Combination of professions (positions). Expanding service areas, increasing the volume of work.

In accordance with Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 151 of this Code) . Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. The period during which the employee will perform additional work, its content and volume, as well as the AMOUNT OF SUPPLEMENTAL PAYMENT are established by the employer with the written consent of the employee. Please note that the amount of additional payment for additional work is not established by law, which means that if such a condition is not agreed in writing with the employer, then it can be almost impossible to collect payment for additional work. The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

So, what follows from all of the above?

1. The employer has the right to assign you additional work only with your consent. You have the right not to agree to perform additional work. 2. When agreeing to perform additional work, make sure that you have a written document in your hands, which: - defines the content and scope of additional work - the amount of additional payment for performing additional work 3. You have the right to refuse to continue performing additional work at any time work, notifying the employer in writing no later than three working days in advance. (sample application for refusal to combine).

Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

The fulfillment of the duties of a temporarily absent employee can be formalized: – by temporary transfer (Article 72.2)

– agreement to perform additional work. If the position is the same, then this is an increase in the volume of work. If the position is different, then this is a combination (Article 60.2 of the Labor Code of the Russian Federation).

Center for Social and Labor Rights