Temporary performance of duties without additional payment: sample order

Employers want employees to perform their duties well. But the needs of the enterprise change, and the functionality of employees has to be adjusted. Sometimes employees are forced to take on additional work, and not always in accordance with their specialization. Is the subordinate's consent required for additional duties? How to document this? Let's find out in this article.

The main employee went on sick leave. How to issue an assignment of additional work to perform his duties for another employee ?

Why assign responsibilities to an employee?

A defined circle of responsibilities once and for all is, unfortunately, a utopia. Life and production are complex and multifaceted; they constantly pose new challenges that need to be solved, including changing the responsibilities of employees.

There is only one goal: increasing the efficiency of the enterprise, minimizing costs and increasing income.

The reasons that most often force an employer to reconsider the responsibilities of his subordinates:

• the state has adopted new regulations, and it is necessary to bring the state into compliance with them;
• changes have occurred in the production process (new technologies, processes, equipment, etc. have appeared);
• the organization of work is changing;
• it is necessary to redistribute responsibilities between employees.

In what cases is it necessary to assign additional responsibilities to an employee?

It rarely happens that the scope of responsibilities of a subordinate, determined at the time of concluding an employment contract when hiring, remains unchanged until dismissal, if the employee, when hired, was counting on long-term cooperation with the employer. At any time, when various circumstances arise, production may require solving new problems or overcoming difficulties, including adjusting the list of responsibilities of subordinates.

The only task facing the management of an enterprise in which some or all employees have been informed of a change in the list of job responsibilities is to increase the efficiency of the company, increase income and minimize costs.

Most often, the assignment of additional responsibilities to an employee is carried out by company employers in the following cases:

• when there is a need to distribute responsibilities between subordinates;
• when changing the organization of work in production;
• when changes occur in the production process (the appearance of new equipment, processes, new technologies, etc.);
• when the Government of the Russian Federation adopts new regulations related to the responsibilities of certain employees.

Documents regulating responsibilities

Logic dictates that these are the ones that will need to be amended when additional responsibilities are assigned.

1. Employment contract. As Part 2 of Article 57 of the Labor Code states, it must indicate the work function of the person being hired - work in one or more specialties within the qualifications.
   Naturally, a range of specific responsibilities is outlined. If this “circle” somehow changes, the employment contract will have to be adjusted. FOR YOUR INFORMATION! No one can oblige an employee to perform work that is not specified in the employment contract. All actions to change the main document are carried out exclusively with the prior consent of the employee 2 months before the planned changes in response to a written notification to management.
2. Job description. The employer can choose the duties it requires from the employee.
   If the legal conditions set out in the employment contract, and most importantly, the work function, do not change, then the manager has the right to change the job description without taking into account the opinions of employees. IMPORTANT! Managers try to secure the goodwill of subordinates when changing their responsibilities, otherwise cooperation is unlikely to be effective and last long.

There are 2 options for creating a list of responsibilities:

• as an annex to the employment contract - then in case of any changes it will be necessary to conclude an additional agreement to the main document;
• as a local regulatory legal act - you can issue a modified version of the job description and ask the employee to endorse it: this will be evidence of his acceptance of new responsibilities.

The plaintiff filed a lawsuit against ZAO "XXX" to cancel the order dated... N... on the obligation to provide work stipulated by the employment contract and job description, the obligation to provide the necessary equipment and technical documentation to perform the work, citing the fact that the order dated... N ... he is entrusted with a duty not provided for by the employment contract and job description. As can be seen from the case materials, in violation of the requirements of labor legislation, the employer assigned the plaintiff to perform work not stipulated by the employment contract, knowing about the plaintiff’s disagreement to carry out this order, it decided to bring the plaintiff to disciplinary liability. The application of a disciplinary sanction for failure to fulfill duties not provided for in the employment contract is unfounded, and therefore the contested orders are illegal. View the court decision

extra work

Article 60 of the Labor Code of the Russian Federation prohibits an employer from requiring an employee to perform work not stipulated by an employment contract, except in cases provided for by the Labor Code of the Russian Federation5 and other federal laws.
Article 60.2 of the Labor Code of the Russian Federation establishes the rules for engaging an employee, along with the work specified in the employment contract, to perform additional work in a different or the same profession (position) during the established duration of the working day (shift) - this can be a combination of professions (positions), expansion service areas, increasing the volume of work .

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee6. The amount of additional payment is also established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work7.

In each specific case, the period during which the employee will perform, along with the work specified in the employment contract, additional work in order to combine professions (positions), by expanding service areas, increasing the volume of work, or in connection with the assignment of duties to a temporarily absent employee , determined by the employer with the written consent of the employee7.

In the event that the parties cannot agree on the period during which additional work must be performed, on the amount of additional payment for a certain amount of work, the employee has the right to refuse to perform it.

If the employee agrees, the deadline for completing additional work determined by the parties is not mandatory 8. 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 complete it ahead of schedule, notifying the other party in writing no later than three working days in advance.

In addition, it must be emphasized that Art. 60.2, and Art. additional payment for additional work .

Additional responsibilities within one position

No regulatory documents other than the recommendations of Rostrud say how to draw up job descriptions, so their preparation is voluntary for the employer, and the form is arbitrary. Almost everyone still prefers to draw them up, since this document:

• significantly simplifies the organization of work;
• resolves possible disagreements regarding the work being performed;
• delineates responsibility;
• eliminates duplication of similar functions;
• is compiled not subjectively “for the employee”, but “for the position”, no matter who occupies it.

REFERENCE! When determining the responsibilities of a particular position, the Unified Tariff and Qualification Directory of Works and Professions is taken as a basis. Many of its provisions are outdated, and employers often need new positions that are not reflected in it. In such cases, local executive authorities may adopt regulations on the requirements for a particular position.

Managers can determine the content of the job description themselves, therefore, within the same position, they can add additional responsibilities to it, if such are:

• fit into the qualification characteristics;
• due to technical reorganization of the enterprise;
• caused by changes in working conditions.

IMPORTANT INFORMATION! If the reason for the changes is changes in technical and/or organizational working conditions, the employee must learn about this 2 months in advance (Part 2, Article 74 of the Labor Code). The employee’s consent is not required, but it is his right to be informed in a timely manner.

In all other cases, it is necessary to draw up an additional agreement to the employment contract, providing for the mandatory consent of the employee.

Common mistakes

Error:

The company's management had to save on wages, and therefore it was necessary to assign additional responsibilities to workers. The changes were approved without notifying the employees and without drawing up an additional agreement to the employment contract.

A comment:

When making changes to the job description and assigning additional responsibilities to employees, it is required to draw up an additional agreement to the employment contract, but it is drawn up only after obtaining consent from the employee. The only case that does not require the employee’s consent is adjustments related to changes in technical and organizational working conditions (Part 2 of Article 74 of the Labor Code of the Russian Federation).

Error:

The employer, at his own discretion, changed the terms of the employment contract without obtaining the employee’s consent and threatening him with dismissal.

A comment:

In case of illegal dismissal, the employee has the right to file a complaint with the trade union organization, the labor inspectorate and the court.

Two ways to assign responsibilities to additional positions

There are various reasons when an employer or employee may need to change the terms of reference. For example, a position is being reduced, and another competent employee agrees to take on a new activity for additional pay. Or the employer wants the employee to perform additional functions for which he has enough working time (for example, a courier can receive calls while in the office).

The Labor Code of the Russian Federation sets out 2 options according to which an employee can be assigned new responsibilities: internal part-time work and combination work . When choosing the first or second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours.

The characteristics and differences of these two methods are shown in the table.

It is up to the employer to decide which method is preferable in a particular situation.

Step-by-step plan for assigning additional responsibilities

1. Notify the employee in writing 2 months in advance of changes in working conditions.
2. Issue a decree (order) on part-time work, internal part-time work, or an order on the assignment of additional responsibilities.
3. Draw up an additional agreement to the employment contract or conclude an additional contract.
4. Republish the job description and familiarize the employee with its new edition for signature.

If the employee is against

The introduction of new duties into the job description, if they are within the scope of qualifications, does not require the consent of the employee, so disagreements are often possible on this point, especially since wages in such cases are usually not revised. What should an employer do if, in response to his notice of an upcoming change in working conditions, an employee expresses disagreement with working under the new rules?

The employer must offer the person who disagrees in writing another position in accordance with his qualifications, even if it is of a lower rank or less paid, if it is vacant. If there are no such positions or disagreement follows again, the employee has the right to dismiss (clause 7, part 1, article 77 of the Labor Code).

Another option is when the terms of the employment contract are changed unilaterally. According to Part 1 of Article 72 of the Labor Code of the Russian Federation, this can be equated to a transition to a new job, for which the written consent of the employee is required. If the employer insists under threat of dismissal, the subordinate can take the following measures:

• ask in writing for an increase in pay for the new duties assigned;
• if it was not possible to reach an agreement, contact the labor inspectorate or the trade union (you must attach a copy of the main documents and the order imposing new duties);
• In case of illegal dismissal, the court will protect his rights.

Is it possible to assign additional responsibilities to an employee without his consent ?

So, to impose additional responsibilities, it is better to obtain the consent of the employee, notify him in time and draw up the necessary documents, making changes to the employment contract or job description, and, if necessary, concluding an additional agreement.

Nuances

If a manager is being replaced, then in addition to the order, you must also draw up a power of attorney, according to which the deputy will be given the right to sign important documents and affix a stamp on them.

The employee has the right not to accept new responsibilities and not to sign the order. In this case, the employer cannot fire him - numerous judicial practices on this issue usually side with the employee, obliging him to reinstate him in his position and pay compensation.