home Credit Article 282 of the Labor Code of the Russian Federation new edition. Theory of everything

Article 282 of the Labor Code of the Russian Federation new edition. Theory of everything

1. Labor relations of persons working part-time are for the first time regulated at the legislative level in the Labor Code. Previously, the work of part-time workers was regulated by the Decree of the Council of Ministers of the USSR of September 22, 1988 N 1111 and the Regulation on the conditions of part-time work adopted in accordance with it, approved. Decree of the USSR State Committee for Labor, the USSR Ministry of Justice and the All-Union Central Council of Trade Unions of March 9, 1989 N 81/604-K-3/6-84. It should be noted that the very concept of "part-time work" in the Labor Code has not changed. In accordance with part 1 of the commented article, work under an employment contract is part-time if:

an employment contract is concluded with an employee who is already a member of labor relations with the same or with another employer;
under this contract, other work is performed, in addition to the main one;
the work performed under another employment contract is regular and paid, and this work is performed by the employee in his spare time from his main job.

2. An employee has the right to conclude employment contracts for part-time work with an unlimited number of employers (part 2 of article 282 of the Labor Code of the Russian Federation). At the same time, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. Exceptions are cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of the organization has the right to work part-time for another employer only with the permission of the authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Article 276).

3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under another employment contract with the same employer is called an internal part-time job, for another employer - an external part-time job (see comments to Article 60.1).

The commented article allows the work in order internal combination both in the same specialty (profession or position) in which the main work is performed for a given employer, and in another. In other words, an employee can work both externally and internally in any specialty, profession or position stipulated by an employment contract, incl. and in the same way as in the main work.

4. At the conclusion employment contract about part-time work, it, along with other conditions, must necessarily indicate that the work is part-time work (part 4 of the commented article; see also comments to article 57). Both internal and external part-time employment are formalized by an employment contract concluded in writing. In this case, the rules established by Art. 67 (see commentary to it).

Having concluded an employment contract on part-time work, the employee acquires, under this contract, the appropriate legal status, which does not change automatically due to changes occurring at the main place of work. For example, if an employee terminated the employment relationship with the employer at the main place of work, then part-time work does not become the main one for him. This conclusion follows from the content of part 4 of article 282 of the Labor Code of the Russian Federation, according to which the condition for part-time work is prerequisite employment contract, and Art. 72 of the Labor Code, which provides that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to article 72).

5. Part 5 of the commented article provides for which categories of workers and under what conditions part-time work is prohibited.

In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.

Persons engaged in their main work in heavy work, work with hazardous and (or) hazardous conditions labor, can work part-time, provided that the part-time work performed is not related to the same conditions, i.e. severe, harmful and/or dangerous.

Employees whose work is directly related to driving vehicles or traffic control Vehicle, part-time work directly related to driving or traffic control is not allowed. The list of jobs, professions, positions directly related to driving vehicles or managing vehicle traffic is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (see comments to Article 329).

It is not allowed to work part-time in other cases, if it is expressly provided for by federal law. So, in accordance with Art. 14 of the Law on Municipal Service, municipal employees are not entitled to engage in part-time employment in other paid activities, except for pedagogical, scientific and other creative activities. According to Art. 21 of the Law on state and municipal unitary enterprises the head of a unitary enterprise is not entitled to be a founder (participant) of a legal entity, to hold positions and engage in other paid activities in government bodies, local government, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activity, be the sole executive body or a member of the collegial executive body of a commercial organization, except for cases where participation in the bodies of a commercial organization is included in official duties this leader.

6. Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.

Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (SZ RF. 2003. N 15. Art. 1368) established that the features of part-time work of these workers are determined Ministry of Labor and social development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

In accordance with the aforementioned Decree of the Government of the Russian Federation, the Ministry of Labor of Russia adopted Decree of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (BNA RF. 2003. N 51).

This Decree establishes the following features of part-time work for pedagogical, medical, pharmaceutical and cultural workers:

a) these categories of employees have the right to work part-time at their main place of work or in other organizations, incl. in a similar position, specialty, profession, and in cases where reduced working hours are established (with the exception of jobs for which regulatory legal acts Russian Federation established sanitary and hygienic restrictions);

b) the duration of part-time work for the specified categories of employees during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

for medical and pharmaceutical workers - half of the monthly norm of working hours, calculated from the established duration of the working week;
for medical and pharmaceutical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;
for doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week;
for junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week;
for teaching staff(including trainers-teachers, trainers) - half of the monthly norm of working time, calculated from the established duration of the working week;
for pedagogical workers (including trainers-teachers, trainers) whose half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week;
for cultural workers involved as teaching staff additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working hours, calculated from the established duration of the working week;
c) the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel in the main work time with preservation wages at the main place of work.

According to clause 2 of the Resolution, for the specified categories of workers, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

a) literary work, incl. work on editing, translating and reviewing individual works, scientific and other creative activities without employment position;
b) medical, technical, accounting and other expertise with a one-time payment;
c) pedagogical work on conditions hourly pay no more than 300 hours per year;
d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;
e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
f) pedagogical work in the same primary or secondary institution vocational education, in preschool educational institution, in an educational institution general education, an institution of additional education for children and other children's institution with additional payment;
g) work without holding a regular position in the same institution and other organization, incl. fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty medical workers in excess of the monthly norm of working time according to the schedule, etc.;
h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;
i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

Carrying out the work specified in sub. "b" - "h", is allowed during the main working hours with the consent of the employer.

When applying Article 282 of the Labor Code of the Russian Federation, it should be borne in mind that the said Decree should be applied subject to the changes introduced by Federal Law No. 90-FZ of June 30, 2006 in Art. 284. In accordance with the new wording of this article, the length of working time when working part-time is limited, as a general rule, to half the monthly norm (the norm of working hours for a different accounting period) established for the corresponding category of workers (see commentary to Article 284) .

ST 282 of the Labor Code of the Russian Federation.

part-time- performance by the employee of other regular paid work for
conditions of the employment contract in their free time from the main job.

The conclusion of labor contracts on part-time work is allowed with
an unlimited number of employers, unless otherwise provided by federal law.
Part-time work can be performed by an employee both at the place of his main
jobs, as well as other employers.

The employment contract must indicate that the work is part-time.
It is not allowed to work part-time for persons under the age of eighteen, at work with
harmful and (or) dangerous working conditions, if the main work is associated with the same conditions,
as well as in other cases provided for by this Code and other federal laws.

Features of the regulation of part-time work for certain categories
workers (pedagogical, medical and pharmaceutical workers, cultural workers)
in addition to the features established by this Code and other federal laws,
may be established in the manner determined by the Government of the Russian Federation, taking into account
opinions of the Russian tripartite commission for the regulation of social and labor relations.

Commentary on Art. 282 of the Labor Code of the Russian Federation

1. An employee has the right to conclude employment contracts for part-time work with any employers - both legal entities and individuals (Article 60.1 of the Labor Code of the Russian Federation).

In part 1 of the commented article, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of labor contract. characteristic features part-time jobs are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. Exception from general rule specified in the Decree of the Ministry of Labor and Social Development of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to sub. "in" clause 1 of the said Resolution, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational organizations for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work. For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly payment in the amount of not more than 300 hours. in year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours. in year;

e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty educational organization with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same organization of secondary vocational education, in a preschool educational organization, in an educational organization of general education, in an organization of additional education for children and in another children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational organizations of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational organizations, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational organization or other children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the said Resolution).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

3. There is a difference between internal (at the place of the main job) and external (with another employer) part-time job. With internal part-time employment, in addition to the main employment contract, a second employment contract is concluded with the employee - on part-time work - and a separate order is issued on hiring part-time.

Internal and external part-time jobs are allowed for the same position, profession, specialty in which the main work is performed (letter Federal Service on labor and employment dated April 21, 2011 N 1048-6-1). Exceptions are established for employees whose work is directly related to driving vehicles or driving traffic (part 1 of article 329 of the Labor Code of the Russian Federation), and persons working in jobs with harmful and (or) dangerous working conditions, if work on the main labor the contract is also characterized as harmful or dangerous (part 5 of the commented article).

Part-time work is prohibited:

persons under the age of 18 (part 5 of the commented article);

municipal employees replacing the position of the head of the local administration under a contract, except for scientific, teaching and other creative activities (clause 2, article 14 of the Federal Law of March 2, 2007 N 25-FZ "On municipal service in the Russian Federation");

judges, except for pedagogical, scientific and other creative activities (clause 5, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation");

prosecutors, except for pedagogical, scientific and other creative activities (clause 5, article 4 of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation");

employees of the Investigative Committee of the Russian Federation, except for pedagogical, scientific and other creative activities (part 5 of article 5 of the Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation");

members of the Federation Council and deputies of the State Duma, except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");

deputies, elected officials working on a full-time basis, except for teaching, research, and other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation") ;

employees of federal bodies of state protection, except for teaching, scientific and other creative activities (if it does not interfere with the execution official duties), except in cases where part-time employment is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57-FZ "On State Protection");

employees of the personnel of the foreign intelligence agencies of the Russian Federation, with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 No. N 5-FZ "On foreign intelligence");

employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank, with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia) ");

citizens undergoing alternative civilian service - with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This formulation allows additional work on the terms of internal combination;

heads of internal affairs bodies, divisions, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of the Russian Federation and their deputies, with the exception of creative, scientific and teaching activities (clause 4 of Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions of service (work) part-time in the system of the Ministry of Internal Affairs of the Russian Federation").

Federal Law No. 24-FZ of March 2, 2007, amended a number of regulatory legal acts, according to which it is specified that the teaching, scientific and other creative activities that such persons are engaged in part-time cannot be financed solely from the funds foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty or the legislation of the Russian Federation. This applies to judges, prosecutors, employees of the investigative committee, employees of internal affairs bodies, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, employees of federal courier communications, employees customs authorities, military personnel, deputies of legislative (representative) and executive bodies state power subjects of the Russian Federation, municipal employees replacing the position of the head of the local administration under the contract, state civil servants.

With regard to civil servants, the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" replaced the previously existing ban on part-time work with a restriction. In particular, according to paragraph 2 of Art. 14 of this Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of a governing body commercial organization on a paid basis (with the exception of cases established by federal law).

Similar rules have been established for municipal employees (clause 2, article 11, clause 1, article 14 of the Federal Law "On Municipal Service in the Russian Federation").

It is not allowed to work part-time at jobs with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code of the Russian Federation provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, dangerous), to submit a certificate of the nature and working conditions at the main place of work, which is issued on the basis of a card special evaluation working conditions. Such a certificate cannot be replaced by an extract from the work book, since the name labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time is limited to the head of an organization, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner (see Article 276 of the Labor Code of the Russian Federation and commentary thereto) . Some federal laws specify the procedure for such an agreement. Thus, the combination of a director, general director, members of the board or directorate joint-stock company positions in the management bodies of other organizations is allowed only with the consent of the board of directors ( supervisory board) companies (clause 3, article 69 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies").

The most strict rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". The head of a unitary enterprise is not entitled to hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

An athlete, coach have the right to work part-time for another employer as an athlete or coach only with the permission of the employer at the main place of work (see Article 348.7 of the Labor Code of the Russian Federation and commentary thereto).

5. A feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code of the Russian Federation allows, by agreement of the parties, to conclude fixed-term employment contracts with persons entering a part-time job.

Another feature of part-time work is part-time work. Since the mode of work and rest for a part-time worker does not coincide with the generally accepted in this organization, the labor contract of a part-time worker must establish a condition on the time of work of a part-time job.

The text of Article 282 of the Labor Code of the Russian Federation in new edition.

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 282 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. In part 3 of Art. 282 the words "in other organizations" are replaced by the words "at other employers". This means that in addition to the main work under an employment contract, an employee has the right to conclude employment contracts with other employers, both with organizations (legal entities) and with individuals (individual entrepreneurs, etc.).

In the previous Part 5, the words "established by federal laws" were replaced by the words "provided for by this Code and other federal laws."

Part 5 Art. 282 became part 6, and the former part 6 became part 5.

The fact that the main, most significant features of the labor regulation of certain categories of workers are established by the Code and other federal laws, was reflected in the content of the last (sixth) part of this article. Other features of the regulation of part-time work of pedagogical, medical and pharmaceutical workers, cultural workers may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

§ 2. The working conditions of part-time workers (features of labor regulation) were provided for by the Decree of the Council of Ministers of the USSR of September 22, 1988, with an addition of September 17, 1990 (SP USSR. 1988. N 33. Art. 93; 1990. N 26. 127), and the Regulation approved by the Decree of the USSR State Labor Committee together with the USSR Ministry of Justice and the All-Union Central Council of Trade Unions on March 9, 1989, as amended on August 15, 1990 and November 25, 1993 (Bulletin of the USSR State Labor Committee. 1989. N 6).

The Code contains norms on part-time employment and provides for the possibility of regulating part-time employment by other federal laws, as well as in the manner determined by the Government of the Russian Federation (for certain categories of employees). In accordance with these acts, the specific conditions of part-time employment for each employee are determined by the employment contract. In this regard, the need to use the above regulatory legal acts is lost. Moreover, their main provisions were used in the preparation of Ch. 44 of the Code.

§ 3. Article 282 contains several general rules on concurrent employment:

1) the concept of combination is formulated;

2) the possibility of combining jobs with several employers is established;

3) two types of part-time employment are determined - internal (in the same organization with which the employee is already in labor relations under the main employment contract) and external - with another employer;

4) it is mandatory to indicate in the employment contract that this work is a combination;

5) provides for internal differentiation in the regulation of part-time employment for certain categories of workers;

6) a ban on part-time work is established for a number of categories of workers.

§ 4. In accordance with Part 1 of Art. 282, part-time work is understood as the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

§ 5. Internal part-time employment is possible if there is an agreement between the employee and the employer - the employee’s application and the employer’s permission, the conclusion of a second (in relation to the main) employment contract between the same parties.

Signs of internal combination are as follows:

1) work for the same employer;

2) work in a different profession, specialty or position compared to the main job;

3) work outside the normal working hours (more precisely, outside the normal working hours established for the main job);

4) work under another employment contract existing in parallel with the main employment contract.

§ 6. In accordance with Part 2 of Art. 282 the conclusion of employment contracts for part-time work is allowed with several employers, unless otherwise provided by federal law.

Signs of external combination are:

1) work for another employer (other employers);

2) work can be in any profession, specialty, position, including similar to that which is performed at the main place of work;

3) work outside the normal working hours (standard working hours) for the main job;

4) work under another labor contract (other labor contracts) in addition to the main labor contract. At the same time, the main employment contract and employment contracts for part-time employment exist simultaneously.

It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Code and other federal laws (h 5 article 282 of the Labor Code of the Russian Federation).

Currently, it is forbidden to perform paid work on a part-time basis (except for scientific, teaching and creative activities): municipal employees (see Federal Law of January 8, 1998 "On the basics of municipal service in the Russian Federation" // SZ RF. 1998. N 2. Article 224; 1999. N 16. Article 1933); judges (see Law of the Russian Federation "On the Status of Judges in the Russian Federation" dated June 26, 1992, with subsequent changes // Vedomosti RF. 1992. N 30. Art. 1792; SZ RF. 1995. N 26. Art. 2399; 2001. N 51. St. 4834; 2004. N 35. St. 3607)) and to some other persons.

A civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (part 2 of article 14 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" // SZ RF, 2004, N 31, article 3215).

Deputies working on a permanent basis, elected officials are not entitled to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities; deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation cannot hold other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions of the civil service and municipal positions of the municipal service, be deputies of other representative bodies of state power or representative bodies of local self-government; deputies of representative bodies of local self-government, elected officials of local self-government cannot be deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of constituent entities of the Russian Federation, and also hold public positions in the civil service and municipal positions in the municipal service. Other restrictions related to the status of a deputy, an elected official may be established by federal law (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation ", as amended by the Federal Law of August 22, 2004 N 122-FZ (SZ RF. 2002. N 24. Art. 2253; 2003. N 27. Art. 2711; 2004. N 35. Art. 3607, N 50. Article 4950, 2005. No. 27. Article 2708, No. 30 (Part I, Article 3104)).

The head of the organization may hold paid positions with another employer, but he needs to obtain permission from the authorized body of the legal entity or the owner of the property of the organization or a person (body) authorized by the owner (see part 1 of article 276 of the Labor Code).

Other restrictions are also established for the head of the organization (see part 2 of article 276 of the Labor Code).

Citizens undergoing alternative civilian service are not entitled to combine it with work in other organizations (see paragraph 4, clause 2, article 21 of the Federal Law "On Alternative Civil Service" dated July 25, 2002 N 113-FZ, as amended by the Federal Law No. 122-FZ of August 22, 2004 // SZ RF, 2002. No. 30. Article 3030; 2004. No. 35. Article 3607).

Features of regulation of part-time work for certain categories of employees are established by separate regulatory legal acts. Thus, the duration of part-time work in health care bodies of medical workers living and working in rural areas and in urban-type settlements is determined by Decree of the Government of the Russian Federation of November 12, 2002 N 813 (SZ RF. 2002. N 46. Art. 4595).

Features of part-time work of pedagogical, medical, pharmaceutical and cultural workers are determined by the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 8. P. 48).

§ 8. In the employment contract with a part-time job, as well as in the order (instruction) on hiring him, it must be recorded that this work is a part-time job. This is essential condition labor contract.

No permits are required for entering work in the order of external part-time employment, unless otherwise provided by law.

The next commentary on article 282 of the Labor Code of the Russian Federation

If you have questions under Art. 282 of the Labor Code, you can get legal advice.

1. An employee has the right to conclude employment contracts for part-time work with any employers - both legal entities and individuals (Article 60.1 of the Labor Code).

In part 1 of the commented article, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as a special type of labor contract. The characteristic features of part-time employment are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. An exception to the general rule is indicated in the Decree of the Ministry of Labor and Social Development of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to sub. "in" clause 1 of the said Resolution, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational organizations for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work. For pedagogical, medical, pharmaceutical and cultural workers, the following types of work are not considered part-time and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly payment in the amount of not more than 300 hours. in year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours. in year;

e) implementation by employees who are not on the staff of the institution (organization), management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational organization with additional payment by agreement between the employee and the employer;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the said Resolution).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

Internal and external part-time employment is allowed for the same position, profession, specialty in which the main work is performed (letter of the Federal Service for Labor and Employment dated April 21, 2011 N 1048-6-1). Exceptions are established for employees whose work is directly related to driving vehicles or driving traffic (part 1 of article 329 of the Labor Code), and persons working in jobs with harmful and (or) dangerous working conditions, if the work is under the main employment contract also characterized as harmful or dangerous (part 5 of the commented article).

Part-time work is prohibited:

persons under the age of 18 (part 5 of the commented article);

deputies, elected officials working on a permanent basis, except for teaching, scientific, other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum citizens of the Russian Federation");

employees of federal bodies of state protection, except for teaching, scientific and other creative activities (if it does not interfere with the performance of official duties), except in cases where the combination of jobs is caused by official necessity (clause 4 of article 19 of the Federal Law of May 27, 1996 N 57 -FZ "On State Protection");

citizens undergoing alternative civilian service - with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal part-time work;

Federal Law No. 24-FZ of March 2, 2007, amended a number of regulatory legal acts, according to which it is specified that the teaching, scientific and other creative activities that such persons are engaged in part-time cannot be financed solely from the funds foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty or the legislation of the Russian Federation. This applies to judges, prosecutors, employees of the investigative committee, employees of internal affairs bodies, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, employees of federal courier communications, customs officers, military personnel, deputies of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation, municipal employees replacing the position of the head of the local administration under the contract, state civil servants.

With regard to civil servants, the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" replaced the previously existing ban on part-time work with a restriction. In particular, according to paragraph 2 of Art. 14 of this Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of the management body of a commercial organization on a paid basis (with the exception of cases established by federal law).

Similar rules have been established for municipal employees (clause 2, article 11, clause 1, article 14 of the Federal Law "On Municipal Service in the Russian Federation").

It is not allowed to work part-time at jobs with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, dangerous), to submit a certificate of the nature and working conditions at the main place of work, which is drawn up on the basis of a special assessment card of working conditions. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time of the head of the organization, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person authorized by the owner, or body (see article 276 of the Labor Code and commentary to it) is limited. Some federal laws specify the procedure for such approval. Thus, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies").

An athlete, coach have the right to work part-time for another employer as an athlete or coach only with the permission of the employer at the main place of work (see article 348.7 of the Labor Code and commentary thereto).

5. A feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code allows, by agreement of the parties, to conclude fixed-term employment contracts with persons entering a part-time job.

New edition Labor Code significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of work organization differ? What features should be considered when hiring a part-time job? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.

Combination and combination are completely different forms of labor organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the work of part-time workers and those who master other positions and professions, let's briefly understand the terminology.

If an employee, in his spare time from his main job, performs other regular paid work on the terms of an employment contract, this is part-time employment (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only with your employer, but also in another organization (for another entrepreneur or an individual who is not an entrepreneur).

When combining professions (positions), work is carried out “during the established duration of the working day (shift)” and always with the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between combination and combination have been identified, we can move on to the details.

part-time

So, there are several factors that determine part-time work: the employee has a main place of work, performs labor functions (job duties) in his spare time from his main job, does it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.

As follows from Article 60.1 of the Labor Code of the Russian Federation, part-time employment can be external and internal.

External part-time- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an entrepreneur without a legal entity, and an employer - individual who is not an entrepreneur.

Internal combination- performance of other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work indicating the position, profession, specialty as a part-time job.

Who cannot be a partner

For certain categories of citizens, part-time work is prohibited by the Labor Code. First, these are persons under the age of 18. And secondly, employees whose main work is associated with hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.

In addition, some restrictions on part-time work are also established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.”

In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit the combination of individual employees. These are, in particular, federal laws on state and municipal unitary enterprises, bodies of the judiciary, advocacy and advocacy, justices of the peace. The list of such acts also includes decrees of the Government of the Russian Federation (for example, a decree regulating the procedure and conditions for part-time service (work) in the system of the Ministry of Internal Affairs of Russia).

The ban on multiple jobs is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition, can only be engaged in teaching, scientific or other creative activity. Part-time working conditions for pedagogical, medical, pharmaceutical and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, the resolutions of the same name of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers”.

We conclude an employment contract with a part-time partner and draw it up for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for a main job. An employment contract with a part-time worker is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other with the employee's note "Received the second copy of the employment contract" is kept by the employer.

NOTE

Compatibility: what has changed

To assess the volume of innovations associated with part-time work, you need to at least look through the new edition of the Labor Code. Olga Rusakova did it for you, and you just have to look through the list of major changes and pay attention to those that are relevant specifically for your company.

1. Article 98 of the Labor Code, which regulates labor relations with part-time workers, has become invalid. New articles appeared: 60.1 - on part-time employment and 60.2 - on combination.

2. Established rules for confinement special kind employment contract - on the performance of work on a part-time basis.

As before, the duration of the working time of a part-time worker should not exceed 4 hours a day. But the norm - no more than 16 hours a week is outdated.

Now, within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. Moreover, on days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee:

At the main place of work, he suspended it in accordance with part 2 of article 142 of the Labor Code of the Russian Federation (due to violation by the employer of the terms for paying wages);

Suspended from work on the basis of part 2 or 4 of article 73 of the Labor Code of the Russian Federation (if it is impossible to transfer the employee to another job in accordance with a medical report).

3. Additional grounds for termination of an employment contract with part-time workers have changed significantly. Previously, an employment contract with a part-time job could be terminated if an employee is hired, for whom this work will be the main one. Now, the legislator has clarified that such an agreement can only be open-ended, and has established the deadlines within which the employer is obliged to notify the employee in writing - at least two weeks before the dismissal.

4. Serious changes have affected Article 332 of the Labor Code. Previously, “when filling positions of scientific and pedagogical workers in higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract was preceded by a competitive selection. Now the legislation allows the employment of a scientific and pedagogical employee without a competition, but only on a part-time basis. This is done "in order to maintain the continuity of the educational process."

It is necessary to state in the employment contract that the work will be performed on a part-time basis (paragraph 4 of article 282 of the Labor Code of the Russian Federation). For example, the relevant provision may look like this: "The employee is hired by the Employer on a part-time basis."

A typical mistake of employers: with an employee who is hired as internal part-time, a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for both the main job and the job performed part-time.

However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, in the time sheet, this employee will appear twice: as the main employee and as a part-time worker.

Scroll binding documents when hiring on a part-time basis is given in article 283 of the Labor Code. This is:

Passport or other identity document;

Diploma or other document on education, professional training if the upcoming work requires special knowledge (or duly certified copies of such documents);

Certificate of the nature and working conditions at the main place of work, if the employee is hired hard work, work with harmful and (or) dangerous working conditions.

However, the listed documents from the internal part-time job may not be required, since copies of all required documents such employee has already presented.

Working hours

Legislation, as before, limits the maximum working hours of part-time workers, but does not specify the minimum duration.

“Working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of workers ”(Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the norm of working time is 40 hours, then the working time of a part-time worker cannot exceed 20 hours.

ADVICE

If part-time employees work in the company

1. You need to accept an employee on the terms of an internal part-time job for a similar vacant position. In such a situation, it is better to make changes to the staffing table in advance. Namely: rename the position or introduce a new staff unit, make adjustments to job description or create a new one. For example, if an employee occupies the position of an assistant secretary at his main place of work, then offer him a part-time position as a secretary.

2. You accept an employee on a part-time basis for hard work, work with harmful and (or) dangerous working conditions. Write down in the employment contract the obligation of the employee to notify you if his working conditions become similar at the main place of work.

3. There are part-time workers in your organization whose labor results, qualifications, speed, and quality of work are higher than those of the main workers. Keep in mind that you can set extra charges for part-time workers for complexity, intensity, and thus increase the amount of wages. We are talking, of course, about employees who occupy the same positions with the same job descriptions.

note: restrictions on the duration of working hours when working part-time do not apply in two cases.

First case. At the main place of work, the employee suspended work due to the violation by the employer of the terms for paying wages (part 2 of article 142 of the Labor Code of the Russian Federation).

Second case. The employee was suspended from the main job in accordance with a medical report, and it is impossible to transfer him to another job (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Considering that the mode of working time and rest time (it is usually individual for part-time workers) is a prerequisite for inclusion in an employment contract, it must be prescribed in the employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:

“The employee is set a five-day working week with a duration of 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.

Days off for the Employee are Saturday and Sunday.

“The work week of 12 hours is set for the employee. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.

Salary

The work of part-time workers is paid “in proportion to the time worked, depending on the output or on other conditions determined by the employment contract. This is indicated in article 285 of the Labor Code of the Russian Federation.

When establishing persons working part-time with time payment labor, normalized assignments, remuneration is made according to the final results for the actual amount of work performed. At the same time, the partners in without fail paid all necessary district coefficients and allowances, where applicable.

NOTE

Combination: do not miss the innovations

Previously, the Labor Code did not regulate the issues of combination. Now, Article 60.2 regulates the procedure for performing additional work:

When combining professions (positions);

Expansion of service areas, increase in the volume of work;

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

In accordance with Article 60.2, with the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment(Article 151 of the Labor Code of the Russian Federation).

The legislator established that the employer sets the period during which the employee will perform additional work, its content and volume with the written consent of the employee.

Together with the new article, the right of the employee to early refuse to perform additional work appeared, as well as the right of the employer to cancel the order to perform it ahead of schedule by notifying the other party in writing no later than three working days.

As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a part-time job remuneration system is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: "the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of the labor expended, and is not limited to a maximum amount." Any kind of discrimination is prohibited in the setting of wages.

A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked the norm of working hours during this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage.” But the remuneration of part-time workers can be calculated in proportion to the hours worked or in proportion to the output and, thus, be less than the minimum wage.

Vacation

The procedure for granting leave to part-time workers is clearly stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for the main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is provided in advance.

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer”, does not apply to part-time workers. External part-time worker who wishes to receive a regular vacation at the same time as a vacation at the main place of work, it can be recommended to take the appropriate certificate from the main place of work and submit it to the employer who has part-time work.

The duration of the vacation of part-time workers, as well as the main employees, cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the duration of the vacation of a part-time worker at the main job is longer than at part-time work, the employer is obliged, at the request of the part-time worker, to provide him with leave without saving the salary of the corresponding duration. Calculation of the average wage for vacation pay and compensation for unused vacations produced according to general rules. This is stated in article 139 of the Labor Code.

What to do if the part-time worker, having used the vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee's salary for unworked vacation days.

Guarantees and compensation

For employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. The exception is the list of guarantees and compensations "to persons who combine work with education, working in the regions of the Far North and areas equivalent to them." In these cases, guarantees and compensations are provided to employees only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

One more exception. According to the Labor Code, a part-time worker may be dismissed in connection with the liquidation of the organization or the termination of activities individual entrepreneur(clause 1, article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (clause 2, article 81). Such an employee is paid only a severance pay in the amount of the average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at the main place of work, he does not retain the average monthly earnings for the period of employment.

Dismissal

An employment contract with a part-time job in accordance with Article 288 of the Labor Code may be terminated on general grounds. We recall that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for terminating an employment contract: “an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one.”

note : we are talking on a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to notify the part-time job in writing about this. Moreover, this must be done at least two weeks before the specified event.

In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to pay him in full.

And one moment. According to article 66 of the Labor Code of the Russian Federation, “at the request of the employee, information about part-time work is entered in work book at the place of main work on the basis of a document confirming part-time work.

LLC "Kaskad" represented by CEO Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the Employer, and a citizen of the Russian Federation Limonova Maria Grigoryevna, hereinafter referred to as the Employee, concluded supplementary agreement about the following:

“The employee is entrusted, in order to combine positions, to perform the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month.”

2. This additional agreement is an integral part of the employment contract and comes into force on October 10, 2006.

Addresses and signatures of the parties...

Combination of professions (positions)

When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Let's take a look at the nuances.

Under combination of professions is understood as the performance by the employee, along with the work defined by the employment contract, of additional work in another profession. Combination of posts is the performance by an employee of additional work in another position. The concept of "combination of professions" applies to workers, and the concept of "combination of positions" - to employees and specialists.

Combination also includes expansion of service areas, increase in the volume of work. In this case, the employee, along with the work determined by the employment contract, performs an additional amount of work in the same profession or position.

And finally, another type of combination is the performance of the duties of a temporarily absent employee without exemption from work determined by an employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or for other reasons) and who, in accordance with applicable law, retains workplace(position).

The period during which the employee will perform additional work is set by the employer with the written consent of the employee. This is stated in article 60.2 of the Labor Code of the Russian Federation. The amount of payment for the combination is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in articles 60.2 and 151 of the Labor Code of the Russian Federation.

All types of combination of professions (positions) can be entrusted only with the written consent of the employee. The alignment is done in the following way. Due to the fact that the conditions on the “labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific view work entrusted to the employee)" are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.

On the basis of the additional agreement concluded, it is necessary to issue an order to combine positions, for example, with the following text:

"Limonova Maria Grigoryevna, assistant secretary, to entrust, in the order of combining posts, the performance of the duties of an office manager from October 10, 2006 with an additional payment for combining posts in the amount of 5,000 rubles per month."

note: when applying for a combination, it is not required to conclude a new employment contract, as well as make entries in the work book.

The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement is also concluded to the employment contract, and on its basis an order is issued to cancel the combination.