home Business blogs How to change the assignment order. Assignment of additional duties to the employee (Moskaleva O.)

How to change the assignment order. Assignment of additional duties to the employee (Moskaleva O.)

In this case, a situation may arise when the main employee is already performing his duties, and the specialist to whom they were temporarily assigned has not yet been released from them. In order to avoid this conflict, it is recommended to supplement the indication of the term for the assignment of duties in the corresponding order with the note “but no further than until the main employee enters work.” So, to replace the main specialist, the employer can transfer another employee, assign duties to him without suspension from the main job, or, at his discretion, conclude an employment contract with another person. For the assignment of duties and temporary transfer, as a general rule, the written consent of the employee is required. The admission of a new employee to a temporarily vacant position is carried out with particularities (an indication of the urgency of the contract, a shortened probationary period or its absence).

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

In this case, the amount of payment is determined as a percentage of the salary for the new specialty. In both the first and second cases, an order is necessarily drawn up for the temporary assignment of duties (or transfer), which details the following information: the period for performing additional duties, the payment that is due for this job, and the reason for the absence of the main worker.

13.06.2015

Is it possible to assign duties without surcharge: the nuances of registration

Additional responsibilities are entered if they meet the specified conditions:

Associated with current changes in working conditions.
Their reason was the technical reorganization of the enterprise.
Be sure to include them in the qualification characteristics.

In other situations, it is necessary to draw up additional agreement. Combination of professions: on the introduction of conditions or their change Documenting combinations Typically, such a scheme is used for personnel who belong to approximately the same category.
For example, employees belonging to the same department can replace each other. After all, then the citizen is better acquainted with the specifics of the work ahead, and will more effectively cope with his duties.

How can an employee be given additional responsibilities?

Info

On this page:

Why assign duties to an employee?
Documents regulating duties
Additional responsibilities within the same position
Two Ways to Assign Responsibilities of Additional Positions
Step-by-step plan for imputing additional responsibilities
If the employee is against

Employers want their employees to perform their duties well. But the needs of the enterprise change, and it is necessary to adjust the functionality of employees.

Sometimes employees are forced to take on additional work, and not always in accordance with their specialization. Is the consent of the subordinate required for additional responsibilities? How to document this? We understand in this article.

Why assign duties to an employee? Once and for all, a certain range of duties is, unfortunately, a utopia.

Who can be entrusted with the temporary duties of an absent employee?

For various reasons, employees of enterprises and organizations may be absent from their workplace. But manufacturing process should not suffer from it.

In such cases, it is envisaged that the duties of a temporarily absent employee be assigned to another person. How to arrange it correctly? In this situation, there are subtleties that both the personnel officer and the manager are required to know.

Attention

Yes, and employees will benefit from an increase in the educational level. Let's look at how the duties of a temporarily absent employee are assigned, what each side of the process should focus on.

Options for solving the problem It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposed two options for solving the problem.

Is it possible to assign additional responsibilities to an employee and how to do it?

For example: RUSSIAN FEDERATION LIMITED LIABILITY COMPANY "VETER" ORDER "06" March 2015 No. 17-P city of Samara On the assignment of duties of a mechanic Due to the absence of the position of chief mechanic in the staff list of the enterprise, I order:

Assign the duties of the chief mechanic to the chief engineer Timofeev A.V.
I reserve control over the execution of this order.

Director of OOO "Veter" Karpov I.

I. I am familiar with the order: Chief Engineer Timofeev A. V. Date Signature If a certain surcharge is established for the performance of duties, then this fact is reflected in the order as a separate item.

Responsibilities of a cashier If there is no cashier unit in the state, then the order may look like this. But there are often situations where vacant position available, but the management is in no hurry to hire an individual employee for it.

Order on the assignment of duties: the subtleties of the issue

In some cases, this does not even require consent from the employee. For example, when there is a general production need.

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

Recalculation of wages, in a big way.
Significant expansion in the service area.
Increasing the direct amount of work.

In the case of formalizing verbal agreements Oral agreement on the assignment of duties to an employee Oral agreement allows you to avoid many formalities.
The manager does not have to spend a lot of time on paperwork.

Documentation of temporary substitution What documents need to be issued when establishing a temporary substitution for an employee Before you issue a temporary substitution of professions (positions) to an employee, you need to obtain his written consent. To do this, conclude an additional agreement with the employee to the employment contract.

Specify in it:

work by position, its content and volume;
the amount of additional payment for temporary replacement of professions (positions);
the period during which the employee will perform additional work.

This conclusion can be drawn from part 2 of article 57, articles 60.2, 72, part 2 of article 151 Labor Code RF. if the organization cannot determine the moment the absent employee enters work, then do not fix the specific date for the end of temporary replacement in the supplementary agreement.
For example, in connection with a vacation, illness, business trip, advanced training, etc. In addition, when combining, you can only perform additional work in a different profession or position. In case of temporary replacement, an employee can perform duties both in positions of the same name (professions) and in different ones. This follows from the provisions of Article 60.2 of the Labor Code of the Russian Federation. Working hours for temporary substitution What is the duration of the employee's working hours for temporary substitution The mode of temporary substitution assumes normal working hours. That is, the employee performs additional work along with the main work during the working day (shift) established for him. This is stated in part 1 of article 60.2 of the Labor Code of the Russian Federation.
Managers prefer to write instructions because they perform several functions at once:

drawing up specifically for each employee, depending on the situation;
elimination of duplication of similar work tasks;
division of responsibility;
removal of possible disagreements;
significant simplification of the organization of work.

As a basis, you can take the Unified Tariff and Qualification Guide for work and responsibilities. But many of its provisions are considered outdated and do not reflect the current needs of leaders.
local authorities the authorities have the right to adopt their own amendments to this provision. Content job description determined directly by the manager.

Themes:
Vacation

Question Tell me, can the head of the structural unit officially, by order, while on vacation, come to work and sign various current documents and give orders. Please refer to documents. Thank you! Answer Answer to the question: Yes, it can, if you issue a review from the vacation.

By general rules, vacation, this is rest time, that is, the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Articles 105, 106 of the Labor Code of the Russian Federation). The employer has the right to recall the employee from vacation, with his consent (http://budget.1kadry.ru/#/document/130/50191/).

It should be noted that the very fact of exercising powers by an employee during the vacation period is not prohibited (Articles 20-22 of the Labor Code of the Russian Federation).

An employee fell ill or went on vacation, and work is urgent? Find out how to assign it to another specialist without breaking the law or attracting the attention of the GIT. You will find a sample order with instructions for compiling in the article.

In the article:

A package of documents that will help to formalize the assignment of duties:

When to issue an order to assign additional duties to an employee

Even a short-term absence of an employee in a key position can be a serious test for a company. Fortunately, there are quite legal ways solutions to this problem, provided for in Article 60.2 of the Labor Code of the Russian Federation: combining professions or positions, expanding service areas or performing official duties temporarily absent colleague without exemption from the prescribed employment contract work.

If an employee is entrusted with work in another profession or position, they draw up a combination, if in a similar one, they expand the service areas, or increase the amount of work. The duties of a temporarily absent colleague can be entrusted both to the same position occupied by the employee, and to any other. At the same time, he is not released from his main labor function.

For example, for a specialist personnel service you can temporarily assign the duties of both a retired personnel officer occupying a similar position in the same department, and a clerk or secretary. But here it is essential it is important to obtain the consent of the employee himself for additional work. The employer is not entitled to expand the scope of duties unilaterally. In essence, the employee does someone else's work along with his own, prioritizing differently and tightening the schedule a bit.

Fulfillment of duties in the order of temporary substitution:

requires additional payment;
not reflected in the work book;
does not go beyond the previously established norm of working hours;
is always documented (written notice or application, order, supplementary agreement to the employment contract, etc.).

Cheat sheet: We make out the temporary performance of additional work

★ If the volume of transferred duties is so large that it makes it difficult to combine, or the absence of the employee who usually performed them can be very long, arrange internal combination or temporary transfer. This option is often used when it is necessary to replace an employee who has gone to maternity leave or sent on a long, multi-month business trip. An expert from Sistema Kadra will explain which part-time work has features, in which cases it is prohibited by laws and how long the working day of a part-time worker can last.

The duties of each employee are fixed by the job description. The employer has no right to demand the performance of additional functions that are not provided for either by the job description or the employment contract, without sufficient grounds. Therefore, the assignment of any tasks that go beyond the scope of the employee's labor function is drawn up in a separate order. But before issuing an order to assign the duties of a temporarily absent employee to his colleague, you should agree with him on the timing, volume and payment of additional work.

If an employee does not agree with the employer’s proposal, it is impossible to force him to work both for himself and “for that guy”: the decision must be voluntary, made without coercion and threats. Moreover, even if the employee first agreed and took on additional work, and then for some reason changed his mind, he has the right to refuse to perform it, notifying management about this no later than three days.

Memo from the experts of the magazine "Personnel business". Transferring the duties of a temporarily absent employee

How to issue an order for temporary performance of duties: sample

The ideal situation is when all the staff go to work every day in full force, in real life occurs infrequently. Therefore, each personnel officer must know how an order is issued to perform the duties of a temporarily absent employee and what is needed for this.

step by step algorithm. We issue an order on the performance of duties of a temporarily absent employee

Step 1. Make sure the combination is possible. If an employee needs to perform additional duties medical book, license or other document confirming the level of qualification, or the possession of a special right, check its availability.

Step 2: Formally invite the employee to temporarily fill in the duties of an absent colleague. Submit a free-form written proposal, complete with the employee's signature field, in case the employee agrees. The presence of a signature confirms that the decision to perform additional work was made voluntarily and in compliance with all formalities.

Step 3. Conclude an additional agreement to the employment contract. Specify what specific functions the employee will perform, the period of performance of additional duties and the amount of the additional payment, and give him one certified copy of the agreement.

Step 4: Issue an Interim Order: the sample is drawn up in free form, there is no unified form. The document must contain the details of the organization - name, TIN, KPP, legal address.

Below, under the name, number, place and date of issue of the order, briefly describe the reason for its issuance. For example, if this is a vacation substitution order, the sample may contain the wording "due to the temporary absence of the main employee."

Sample order for temporary performance of duties

In the administrative part of the document, indicate:

to whom the order applies;
the position to be occupied or the specific duties assigned to the employee;
the period during which he will fulfill them (if it is not known in advance when it expires, you can simply write “until returning to work”, indicating the last name and initials of the absent specialist);
base document (additional agreement to the employment contract);
who is assigned duties (full name, personnel number, position held) and to what extent;
the amount of the surcharge based on the order;
who is entrusted with the control over the execution of the order.

There are also other important terms and conditions. Indicate that the functions of a temporarily absent colleague will be performed without release from the work specified in the employment contract, and the working time rate will remain the same. Then certify the document with the signature of the person responsible for its preparation, and send it to the head of the organization for approval.

An order certified by all necessary signatures and seals shall enter into force immediately or from the date indicated therein. But in any case, the employee who is entrusted with additional work should be familiarized with it within three days.

Please note! You cannot fire an employee, threaten him with dismissal, or apply other disciplinary measures for refusing to sign an order. From point of view labor law such a refusal does not bear any negative consequences. A wrongful dismissal can be challenged in court, which in such situations, as a rule, takes the side of the plaintiff and reinstates him in his position.

★ If an employee is temporarily assigned the duties of the head of a company or a separate structural unit, in addition to the order, a power of attorney for the transfer of authority should be issued. Based on this document, the employee will be entitled to sign important documents and certify them with the seal of the employer. Find out how to draw up a power of attorney, who can substitute for the general manager during vacation and where to prescribe the procedure for its replacement, from the expert of the Kadra System.

To ensure that the production process is not affected, during the absence key specialist entrust the performance of his duties to another employee. But first, get a preliminary consent, agree on the scope and nature of the work assigned, conclude an additional agreement to the employment contract. If all the formalities are met, issue an order and familiarize the employee with it under signature within three days.

For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, the assignment of the absent employee to another person is envisaged. How to arrange it correctly?

In this situation, there are subtleties that both the personnel officer and the manager are required to know. Yes, and employees will benefit from an increase in the educational level. Let's look at how the duties of a temporarily absent employee are assigned, what each side of the process should focus on.

Solutions to the problem

It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposed two options for solving the problem. The administration can offer the employee a combination, that is, he will work for two for some time. Another way is translation. In this case, the employee is released from the main duties.

For example, if the boss's secretary went on vacation or fell ill, a courier can be put in his place. At the same time, the administration should consider whether this person can perform the previous duties. If he manages to fit in work time, then combination is used, otherwise - translation.

The assignment of the duties of a temporarily absent employee must be properly executed, taking into account the surcharge. It must also be borne in mind that in the post-Soviet countries, whose legislation in the field labor relations based on the old code, there have been changes. This means that personnel officers should look for a solution based on the national regulatory framework.

Fundamental question

The procedure for laying on an absent worker is set out in the articles of the relevant national legislation. The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must enlist the document in which it is expressed. Lawyers recommend signing an additional agreement. It contains the following data:

Parties to the agreement.
List of duties or positions.
Scope of work.
Surcharge.
Validity periods.

The signing of such an agreement will mean the written consent of the employee. On its basis, a temporarily absent employee is compiled. This document contains the information listed above.

Assigning the duties of a temporarily absent employee (RB)

The legislation of Belarus also provides for two options. It's about about substitution and combination. The first is the release from the main duties and the assignment of what the absent worker performed. The second option involves a double load. Substitution can be made with the consent of the worker.

There are exceptions. In the case when there is a threat to the life of the population, people can be transferred without consent. It's all reflected in the documentation. Usually, the transfer (combination) occurs by agreement. That is, the employee is offered to do other work for a while. He signs the relevant paper, which indicates the terms and amount of payment. It is forbidden to install wages, the amount of which is less than what a person received earlier.

Documenting

Any changes in the work schedule should be documented with the appropriate papers, including the assignment of the duties of a temporarily absent employee (RB). Order for this topic is no different from other similar documents. It contains all the details, as expected. You also need a link to the relevant article of the TC. As the basis, an order or other document is indicated that characterizes the reason for the absence of the official and the head of the unit. Here's an example:

“Based on Art. 67 of the Labor Code of the Republic of Belarus and due to the absence at the workplace of the secretary of the head Ivashchenko S.N.:

The duties of the secretary of the head shall be assigned to the personnel specialist T. with her written consent for a period (specify) while maintaining responsibility for the performance of the main work.
Accountants to make an additional payment Ishchenko R.T. in the amount of 50% of the secretary's salary in the specified period.

More details about this order can be found below.

Subtleties of legislation

Let's return to the Labor Code of the Russian Federation. Fundamentally, the regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an order for the assignment, you should think carefully about the reason for the absence of the worker. The usual options are vacation or sick leave. They are self-explanatory.

But if the employee is on a spree, then you must first issue a document on the beginning of the investigation (act), only then shift his duties to others. That is, the absence must be explained. The regulation of the surcharge also differs in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amounts. They are charged on a contractual basis. But in Belarus, it is also true only for private enterprises. Additional payments for part-time jobs to state employees are regulated by the government.

Assignment of duties of a temporarily absent employee without consent

Such a measure is practiced in special conditions. Catastrophes, accidents, natural disasters and other events that pose a threat to the population (its part) are equated to them. With such a development of events for up to a month, a person can be assigned another job. Such a norm exists in the legislation of both the Russian Federation and Belarusian.

Naturally, the personnel officer will still have to issue all this with an order. The Labor Code of the Russian Federation allows transfers without consent in other cases. These include, for example, downtime or the elimination of an accident. However, it is prohibited to transfer an employee to a position with a lower qualification without written consent. This should be taken into account at work.

An easier way to replace

In order for the production process not to be hampered due to illness or leave of a specialist, another person can be hired to replace him. Sometimes this method is more optimal than the redistribution of duties. However, leaders are extremely reluctant to go for it. It's all about finance. A newly hired employee will have to pay the entire salary, while a full-time employee and half is enough. This results in significant savings in funds.

There is also such a nuance as an introduction to the course of the case. The new man is unfamiliar with the intricacies of production. Consequently, his work will be lame and let others down. Temporary assignment of duties can be carried out for a period of up to one year or until the departure of the main employee. In the case of a transfer, the place of service is retained for the person. That is, when the main worker returns, his “deputy” should be given the same place.

The organization must carry out its activities in a certain mode in order to have a sustainable financial position On the market. But in accordance with the Labor Code of the Russian Federation, companies must periodically provide their employees with their vacation time. To balance these requirements, the management of the company can either at the expense of new employees, or by assigning some responsibilities to existing ones.

The assignment of certain duties is the performance by an employee for a fee, in addition to their own labor functions, also additional ones for a temporarily absent employee.

The need for this may arise due to periods of illness of the company's employees, their being on business trips, vacations, and also if the administration did not manage to select a candidate for the vacant position within the set time.

The possibility of establishing a combination is determined by the norms of labor law, while there are no restrictions on the categories of workers. Only the level of education, if necessary, competence should be taken into account, and the employee involved with this employee has all the necessary documentation (licenses, sanitary books, etc.)

The duration of the assignment is set in each case, and is determined by the period of absence of the missing worker.

Attention! Temporary performance of duties must be offered to the employee in writing preferably in the form of a letter.

It is also possible to the head of the department where a temporarily free workplace, submit a memorandum on his own behalf and attach to it a statement from the employee who expressed a desire to carry out such a combination.

In any case, with a positive decision by the personnel department, an additional agreement is concluded with this employee to his labor contract and issued an order for the temporary assignment of duties.

According to the current legislation, the order to perform duties must be communicated to the employee within three days.
If it is impossible to establish the duration of the combination, it must be carried out until a special order from the management about this.

It is allowed for each of the parties to prematurely terminate the agreement establishing the temporary performance of duties. To do this, it is enough for one of them to send a written notice to the other. In this case, the Labor Code of the Russian Federation establishes a period of three days.

How to draw up an assignment order

There is no single set form for creating this document. It can be made in any form on the letterhead of the company, or developed independently in the style of the rest of the company's personnel orders.

At the top of the form, you must indicate the name of the organization, its TIN and KPP codes, and the address of the activity.

Then comes the word "Order", next to which its date of compilation and serial number are affixed.

Below on a new line is the name of the document. Here you can write common phrase"On the temporary performance of duties", or specifically indicate for what position it was created. The following is the reason why this document was published.

Then comes the word “I order”, after which the steps that need to be taken to execute the order are written point by point:

Which employee (his position and full name) is assigned new duties, what functions and for what exact period;
To what extent will these responsibilities be performed?
The amount of remuneration for the performance of the above works;
Who will supervise the implementation of this order.

Below need after the words "foundation" indicate the basis on which the assignment of duties is made. Usually this is an additional agreement to the employment contract.

The order is signed by the head of the company. After that in section "Familiarized with the order" leave their personal signatures listed in the person's document.

Nuances

If there is a replacement of the head, then in addition to the order, it is also necessary to draw up a power of attorney, according to which the deputy will be given the right to sign important documents and stamp them.

The employee has the right not to take on new duties and not to sign the order. The employer in this case cannot fire him - numerous arbitrage practice on this issue, he usually takes the side of the employee, obliging him to be reinstated and to pay compensation.

Sample letter of assignment

Download a sample order on the assignment of duties in Word format.

The courts clearly indicate that the imposition of additional duties on the employee, if they are not specified in his job description, is unacceptable.

When accepting a new employee, the employer concludes an employment contract with him. This document is fundamental in the relations of the parties to labor relations, since it is he who contains the labor function of the employee, which, in accordance with Art. 57 of the Labor Code of the Russian Federation is the performance of work by position in accordance with staffing, profession, specialty, indicating qualifications or specific view work assigned to the employee.
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 an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.
An employee can perform work not stipulated by an employment contract, for example, replacing an absent employee, but in any case, this must be justified from the point of view of labor legislation and properly executed.
But there are cases when an employee is instructed to perform work that he should not do, without formalizing a transfer or combination. What does the jurisprudence say in such cases?
The job responsibilities of the employee, prescribed in the employment contract or job description, must be clearly defined, understandable and correspond to the position occupied by the employee. Some employers, when compiling a job description, include in it such an item as the fulfillment of other instructions of the immediate supervisor. What kind of assignments in this case should the employee perform and can he refuse if he considers that the assignment does not correspond to his position?

Example. Determination of the Judicial Collegium for Civil Cases Supreme Court Republic of Komi dated 06/14/2012 in case N 33-2195AP / 2012.
The plaintiff filed a lawsuit against CJSC "XXX" to cancel the order from ... N ... on the obligation to provide work stipulated by the employment contract and job description, the obligation to provide necessary equipment And technical documentation to perform work, referring to the fact that the order from ... N ... imposed on him an obligation not provided for by the employment contract and job description.
At the hearing, the plaintiff supported the requirements.
The representative of the defendant at the hearing did not recognize the claims.
From the materials of the case, it appears that the plaintiff works at a branch of ZAO XXX.
Order N... employment contract with the plaintiff was terminated due to absenteeism without good reason. By the effective decision of the Vorkuta City Court, the plaintiff was reinstated at work.
By order of the supply director of FZAO "XXX" dated ... N ... in order to properly monitor compliance with the conditions for storing material assets, the plaintiff is required to check the conditions for storing goods and materials, equipment from ... to ... in structural divisions defendant and, based on the results of the audit of each joint venture, submit a written report to the director of the DMTS on the last day of the audit of the structural unit.
Disagreeing with the order, the plaintiff filed a memorandum addressed to the procurement director, in which he indicated that the assignment of work on the order from ... N ... is work that is not provided for by his job description and job duties.
By order of the HR Director of FZAO "XXX", the plaintiff was reprimanded for failure to perform labor duties, expressed in failure to comply with an order from ... N ...
Having assessed the evidence collected in the case in their totality, the court of first instance concluded that the contested order was legal, based on the fact that the work assigned by the defendant - checking the conditions for storing inventory items and equipment - is included in the main duties of the position in which the plaintiff works, and by virtue of clause 2.1.2 of the employment contract, the plaintiff undertook to fulfill oral and / or written assignments, assignments, instructions and instructions from direct supervisors that were not provided for by the job description, but related to tasks and areas of activity.
Meanwhile, it is impossible to agree with the indicated conclusions of the court of first instance, since the circumstances relevant to the case are incorrectly identified.
In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor duties assigned to him by an employment contract.
Articles 15, 57 of the Labor Code of the Russian Federation establish that the labor function is understood as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee.
The realization of the right to conclude an employment contract is directly related to the employee's right to perform work that corresponds to the labor function defined by the concluded employment contract.
The name of the position, specialty, profession, indicating qualifications - required condition labor contract. They define the responsibilities of the employee. The legislator prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).
In accordance with the employment contract concluded between the parties, the plaintiff assumed the performance of the duties of a specialist in accordance with the job description; undertook to carry out oral and / or written assignments, assignments, instructions and orders of immediate supervisors, other competent officials and authorized representatives of the employer, not provided for by the job description, but related to the tasks and areas of activity.
From the text of the job description, it is seen that the main purpose of the position ... is timely coordination in the SAP system and quality performance requests for the purchase of goods and materials with the performance of all the necessary operations for this. At the conclusion of the employment contract, direct duties and joint duties were determined. Joint responsibilities include conducting annual and selective inventories at UMTS warehouses.
Indeed, in accordance with the Regulations on the Directorate for Logistics of the branch of CJSC "XXX", the main activities of DMTS include monitoring compliance with the storage conditions of goods and materials and equipment in warehouses structural divisions JSC "ZZZ"
Taking into account the labor function of the plaintiff, related to the fulfillment of applications for the purchase of goods and materials, the judicial panel believes that imposing on the plaintiff the responsibility for checking the conditions of storage of material assets in the warehouses of the defendant's structural divisions is not included in the main duties of the employee established by the job description. The defendant's reference to clause 2.1.2 of the job description, in accordance with which the plaintiff undertook to comply with the instructions of the immediate supervisors, which are not provided for by the job description, but related to the tasks and areas of activity, in this case cannot be taken into account, since the assignment of duties to the employee for all types of activities, DMTS, not related to the labor function determined by the concluded labor contract, violates the principle of certainty of the labor function performed by the employee.
As seen from the case file, in violation of the requirements of labor legislation, the employer entrusted the plaintiff with the performance of work not stipulated by the employment contract, knowing that the plaintiff did not agree to comply with this order, he decided to bring the plaintiff to disciplinary responsibility.
Application disciplinary action for failure to perform duties not provided for by the employment contract is unreasonable, and therefore the contested orders are illegal.

The employer issues an order imposing additional duties on the employee. Should an employee be penalized for non-compliance?

Example. Determination of the Judicial Collegium for Civil Cases of the Tambov Regional Court dated July 11, 2012 in case No. 33-1536.
The enterprise issued an order to conduct timekeeping of the working time of the administrative and managerial apparatus in the central office and branches.
09/29/2011 to the name CEO a memorandum was received about the plaintiff's failure to provide maps of timekeeping of working hours.
On 10/03/2011, the plaintiff reported the reasons for the absence of timekeeping cards, explaining that he does not belong to any category of subjects covered by this order. Order No. 21.10.2011 imposed a disciplinary sanction on him in the form of a reprimand for his failure to fulfill, through his fault, the labor duties assigned to him.
The plaintiff filed a lawsuit against JSC "XXX" to cancel the above penalty.
By the decision of the Oktyabrsky District Court of Tambov dated March 21, 2012, the plaintiff's claims were satisfied in full.
Satisfying the claim, the court indicated that the plaintiff was hired under an employment contract. The job description, with which the plaintiff was familiarized against signature, contains the job responsibilities listed in Sec. 2. The plaintiff's duties do not include timekeeping of working time. Imposing on an employee additional duties not stipulated by the employment contract and job description without his consent is not allowed. At the same time, the employer is not entitled to refer to the emergence of "momentary" tasks facing the enterprise. In any case, the organization (enterprise) must have the consent of the employee to perform other work, and in case of his refusal, the employer has no right to force the employee to perform work not stipulated by the employment contract.
The court rejected the arguments of the defendant's representatives that, according to the terms of the employment contract, the plaintiff is obliged to comply with orders, instructions and other local regulations employer, and therefore was obliged to obey the order for timing. The employee is obliged to comply with the orders, instructions and other local regulations of the employer only to the extent that they relate to his function, and the performance of timekeeping does not apply to his labor function.
In its appeal, JSC "XXX" considers the court's decision unlawful, unfounded, and asks to cancel it. Indicates that the basis for imposing a disciplinary sanction on the plaintiff was the failure to comply with the order of JSC "XXX" "On the timing of working hours." The conclusions of the court that the plaintiff should not have executed it, since the instruction contained in it goes beyond the scope of the employment contract concluded between the defendant and the plaintiff, does not correspond to the circumstances of the case. The instruction prescribed by this order consisted in fixing by the employees of JSC "XXX" the operations (functions) performed by them during the working day, provided for by job descriptions, indicating the time spent and did not entail for them a change or increase in the range of their labor duties. The employees who took part in the self-timer did not perform any other work not stipulated by the employment contract, and accordingly, the court had no grounds to believe that they were performing an additional labor duty.
The panel of judges comes to the following.
According to clause 2.2 of the employment contract concluded between the plaintiff and JSC "XXX", the employee is obliged to conscientiously fulfill his labor duties assigned to him by this employment contract and job description, to execute orders, instructions and other local regulations of the employer and his immediate supervisor.
Thus, the plaintiff is obliged to execute orders, instructions and other local regulations of the employer.
At its core, timekeeping is a report on the work done in one's position during the working day, which is being photographed. Therefore, the plaintiff had to comply with the disputed order.
The decision of the Oktyabrsky District Court of Tambov dated March 21, 2012 was cancelled. A new decision has been made in the case.
IN this example two points can be made. Firstly, this is the decision of the court of first instance, in which the court pointed out the inadmissibility of imposing duties on the employee that are not directly provided for by the employment contract or job description. A similar opinion was held by the court from the first example. The decision was canceled due to a misinterpretation by the court of the essence of the order, in which he saw the imposition of duties not provided for by the labor function, although in fact the order did not affect the employee's labor function in any way. Secondly, the regional court, canceling the decision of the district court, indicated that if the order does not impose obligations that go beyond the official duties of the employee, it is subject to execution, and the employee’s refusal may result in a disciplinary sanction being applied to him.

The employer issues an order imposing additional duties on the employee, the employee does not agree with the order, but nevertheless fulfills the assigned duties. How does the court see it?

Example. Decision of the Livensky District Court of the Oryol Region dated June 24, 2015 in case No. 1/2-924/2015~M-799/2015.
The plaintiff filed a lawsuit against LLC "XXX", in support of which he indicated that the general director of LLC "XXX" issued an order to entrust her with the duties of the general director of the factory for the period of his next vacation in order to combine with her main labor duties.
He asks to cancel the order issued against her and to recover compensation for moral damage in her favor.
At the court session, the plaintiff supported the stated requirements, explaining that she did not give her consent to perform work not stipulated by the employment contract as an additional burden to her official duties. When the order was brought to her attention, she did not agree with it. Since the general director did not accept her objections, and in order not to suspend the work of the factory, she was forced to issue a number of orders for the management of the society.
The defendant's representative denied the claim. The Deputy for Economics and Marketing is one of the officials who can first of all apply for filling the position of the General Director during his temporary absence. Despite her objections, the plaintiff immediately began to fulfill the additional duties assigned to her, began to publish numerous personnel orders, orders relating to the release of products. According to the job description of the Deputy for Economics and Marketing, this executive is obliged to fulfill the duties of the General Director in case of his temporary absence without any additional consent.
The court comes to the following conclusions.
It follows from the order of the general director that, in connection with his being on vacation, he entrusts the temporary performance of his duties to the plaintiff along with the work determined by the employment contract.
This order was brought to the attention of the plaintiff, which she did not deny, but explained that her consent to the combination of duties for additional work, not due to her employment contract, did not give.
The order does not contain a note from the employee about her consent to an additional load in order to combine it with her main duties.
However, the argument of the defendant's representative that the plaintiff was obliged to perform the duties of the general director during his temporary absence in order to combine with his main labor functions without her consent, did not find its confirmation at the hearing.
The submitted documents did not establish such an obligation, in accordance with the testimony of witness B., the executive director of the factory, the job description of the plaintiff did not provide for such an obligation, the assignment of the duties of the general director to none of the factory employees for official duties was provided, the general director always chose, who will perform his duties during his temporary absence.
Evidence that the employee agreed to the additional workload was not presented by the defendant.
The argument of the defendant's representative that the plaintiff actually approved his order, starting to fulfill the duties assigned to her, does not indicate the consent of the employee with the actions of the employer, since the fulfillment of duties in this situation by the plaintiff could be dictated by the need to execute the issued order in order to compliance labor discipline. Consent of the worker, as provided labor law, must be expressed in writing, which may indicate the freedom of the agreement reached between the employee and the employer.
In the absence of this condition, the court believes that the actions of the general director of the company to assign to his deputy, in order to combine the duties of the general director with the main duties, violate the provisions of Art. 60.2 of the Labor Code of the Russian Federation, and, accordingly, the rights of the employee. In this regard, the court finds the claim of the plaintiff to recover compensation for non-pecuniary damage in her favor on this basis justified.
The claim is satisfied.

When considering this category of cases, the courts quite clearly indicate that the imposition of additional duties on an employee, if they are not indicated in his job description, is unacceptable.
Therefore, it is very important not only to properly formalize the assignment of additional duties, but also to ensure that the provisions relating to the official duties of the employee are as clearly spelled out as possible, do not contain vague wording and do not allow for several interpretations.