Order on the imposition of additional duties on the employee. Assign duties without releasing from the main job. Someone else's work on time

Companies grow and develop like a living organism, within which various changes take place. Employees of various levels can get sick, move to another region or be in the status of a vacationer, business trip.

The reasons for an employee's absence from work can be different - household or production. At this time, production should not stop, an urgent replacement and an order indicating that another person will perform his duties during the absence of an official, employee or worker.

Labor legislation, its current provisions and acts regulate the internal or external movement of personnel both in private enterprises and in state-owned industries.

Each possible case is provided for in certain legislative document, with a clear indication of how the manager should act in relation to his staff.

Different timespans can have different impact on the production flow of events in the organization, and management must decide how to most effectively carry out the replacement of an employee.

They help in this the following instructions:

1. Art. 60.2 of the Labor Code of the Russian Federation speaks of the possibility of combining professions with an increase in the volume of work performed. If there is no main specialist, his colleague can perform the functions necessary for the enterprise together with his main job, without leaving it.
2. There is a production need when you need to save a place for a certain employee if he is forced not to attend work. Long-term performance of duties at another production site allows the authorities to use Article 72.2 for temporary perturbation between positions, for example, to move one for a year to work out the measures necessary for the enterprise, and instead put a competent specialist.
3. The procedure for assigning certain job responsibilities, combining professions and paying for additional functions are established in article 151 of the Labor Code of the Russian Federation.

Personnel transfers with the obligations of one of their employees to perform the work of another are carried out after the order of a superior person and full agreement between the persons involved in the procedure.

Reasons for publishing

Labor law clearly deciphers the concept of additional duties. First of all, this is a separate salary for the assigned functions that are not provided for in the employment contract, in addition to the main job. For such assignments, persons without special restrictions.

The manager independently decides which factors are important, whom to assign to perform actions from the circle of his subordinates, based on:

• workload;
• experience;
• professional quality;
• education.

The main condition for performing additional work is written agreement production moments between the parties. Documentation is the consent of the worker and the order from the employer.

Causes that encourage the employer to take various legal measures:

• employee is absent legal grounds, but temporarily cannot perform the work, as he fell ill or is on vacation, and then the process is distributed among his colleagues or assigned to one of them;
• the production procedure is feasible by a certain specialist, but the position is not provided for by the state (if there is a professional with such skills at this enterprise, his profession can be combined with the main one);
• it is allowed by the Labor Code of the Russian Federation to increase the amount of work for a person who is able to perform, in addition to his duties, others according to his specialty (an example is the reduction of one workplace and the assignment of additional operations to another qualified worker).

For such decisions, the obligations assumed by the employee to fulfill them during the main working hours with an additional payment can serve. The calculation is made, taking as a basis the salary or the tariff rate and the proportionality of the performance of services as a percentage.

Step-by-step instruction

Whatever the reason for which the leader is forced to start personnel changes, for him it is always important and necessary for effective work enterprises. Good leadership requires compliance legal regulations and elimination of conflict situations in the company.

Therefore, you need to follow in strict sequence, applying following points in action:

• a memo is drawn up from the head of lower status to the head of a higher position, outlining the reasons that prompted to take certain measures with a reshuffle;
• enlist the coordination of the issue with the management of the company;
• take a written decision of the employee on the assumption of additional obligations;
• create and submit to personnel service notification of changes.

It should be noted that if the employee's work functions have changed, an additional agreement will be required with the designation:

• terms of presence in this position;
• performing certain actions;
• payment amount;
• conditions for temporary proceedings for the period of validity of the order.

The order is issued on a general basis with the assignment of a serial number, fixing it in a special book and sending copies to personnel and accounting. The employee is also required to sign the newly created document, by which he proves that he was aware of the changes that had taken place in time and fully agree with them.

Forced measure within the same position and temporary

The state protects the interests of women. They keep their jobs for the duration of their pregnancy and parental leave, which regulates. The duration of each individual example may differ from others, and it is not always possible for mothers to plan in advance the duration of their care.

The manager can appoint another person to her position on a fixed-term employment contract after creating a maternity leave order. In this case, you can use the qualifications of a worker at the enterprise or take it from a specialist.

Consideration all the nuances in the course of changes, since it is necessary to agree on the procedure for performing functions, additional payments and the fact that an employee can take her place at any time convenient for her.

For this there is fixed-term contract , it indicates that it is valid only for the period of a certain vacation and the absence of an employee in the institution due to pregnancy.

The dismissal of a newly hired replacement worker takes place the day before the employee goes to work without prior three daily warnings required in other labor cases.

It is quite simple to resolve the issue during development staffing if there are no jobs in it, but certain work needs to be done. For instance, small business cannot contain individual units in accounting, and sometimes Chief Accountant and the cashier is the same person.

The scope of work allows for the shift to perform all professional functions, and the boss is forced to justify the use of such a measure in a specific production moment by order of command.

Order does not have a clear shape, his entrepreneur draws up arbitrarily, indicating the reason that influenced the use of combining several duties in one position.

Nuances of compilation and sample

Each firm uses their forms of ordering. The legislation does not have strict restrictions on this matter, they are drawn up on letterhead or performed on the basis of general personnel samples.

Plain cap, set for all documents, includes the name of the enterprise with its TIN code number, contact information. After designating the document with the word “Order”, there is a description of the duties with the date and serial number, the reason for issuing such a document is stated.

Then comes the entry:

• the name of the employee and the required list of works that he will perform with the determination of the term, if possible;
• volumes of duties performed;
• payment methods;
• supervisory authority for the fulfillment of the conditions under this document.

You need to indicate what happened basis for appointment, the content of the additional agreement will serve as an annex.

Combination and combination

The Labor Code regulates the processes in companies performing internal personnel professional part-time jobs. In this case, the employee will have to do, in addition to his work, a list of duties of another person determined by the head.

For the legal use of this provision, it is necessary to draw up separate contract and indicate in it all the main points of participation in production processes. The management is obliged to take everything into account and make payment.

The peculiarity of such an action is that the employee should not stay longer than 4 hours and work after the end of the main job. In contrast to the combination of positions, the employee performs his functions within the working day.

Features for director

There comes a time when the leader himself is absent. If the company has a practice of fulfilling duties during such a period as a deputy director, then in addition to the order, it will come in handy notarized power of attorney not to stop financial activities organizations.

The peculiarity of all the provisions of this direction is that the employee may refuse to perform additional loads, and the management does not have the right to punish him for this or dismiss him for disobedience.

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. Life and production are complex and multifaceted, they constantly pose new challenges that need to be addressed, including changing the duties of employees.

The goal is the same: increasing the efficiency of the enterprise, minimizing costs and increasing income.

The reasons most often forcing the employer to reconsider the duties of their subordinates:

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

Documents regulating duties

Logic suggests that it is in them that it will be necessary to make changes when additional duties are imposed.

1. Labor contract. As part 2 of article 57 of the Labor Code says, it must indicate the work function of the hired person - work in one or several specialties within the qualification. Naturally, the circle of certain duties is also outlined. If this “circle” somehow changes, the employment contract will have to be adjusted.

   FOR YOUR INFORMATION! No one can oblige an employee to perform work that is not prescribed in the employment contract. All actions to change the main document are carried out exclusively with the prior consent of the employee 2 months before the planned changes in response to a written notification from the authorities.

2. Job description. The employer can choose the duties he needs from the employee. If legally the conditions written out in the employment contract, and most importantly, the work function, do not change, then the manager has the right to change the job description without taking into account the opinions of employees.

   IMPORTANT! Leaders are trying to get good will subordinates when their duties change, otherwise cooperation is unlikely to be effective and last for a long time.

There are 2 options for creating a list of duties:

• how appendix to the employment contract- then, with any changes, it will be necessary to conclude an additional agreement to the main document;
• how local regulatory legal act- you can issue an amended version of the job description and ask the employee to endorse it: this will be proof of his acceptance of new duties.

Additional responsibilities within the same position

How to write job descriptions, no one says regulations, except for the recommendations of Rostrud, therefore their design is voluntary for the employer, and the form is arbitrary. Almost everyone still prefers to draw them up, since this document:

• greatly simplifies the organization of work;
• removes possible disagreements about the work performed;
• delineates responsibility;
• eliminates duplication of similar functions;
• is compiled not subjectively “for the employee”, but “for the position”, whoever occupies it.

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

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

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

IMPORTANT INFORMATION! If the reason for the changes is changes in technical and / or organizational working conditions, the employee must find out about this 2 months in advance (part 2, article 74 of the Labor Code). The consent of the employee is not required, but it is his right to be informed in time.

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

Two Ways to Assign Responsibilities of Additional Positions

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

The Labor Code of the Russian Federation sets out 2 options for which an employee can be charged with new duties: internal combination and combination. Choosing the first or the second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours.

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

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

Step-by-step plan for imputing additional responsibilities

1. Notify the employee in writing 2 months in advance of changes in working conditions.
2. Publish, internal combination or .
3. Draw up an additional agreement to the employment contract or conclude an additional contract.
4. Reissue the job description, familiarize the employee with its new edition against signature.

If the employee is against

The introduction of new duties in the job description, if they are within the qualifications, does not provide for the consent of the employee, therefore, disagreements are often possible at this point, especially since wages in such cases are usually not reviewed. What should an employer do if, in response to his notification of an impending change in working conditions, an employee expresses disagreement to work according to the new rules?

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

Another option is when conditions change arbitrarily unilaterally employment contract. According to part 1 of article 72 of the Labor Code of the Russian Federation, this can be equated to the transition to new job for which the written consent of the employee is required. If the employer insists under the threat of dismissal, the subordinate can take the following measures:

• ask in writing for an increase in payment for imputed new duties;
• if it was not possible to agree, contact the labor inspectorate or the trade union (you need to attach a copy of the main documents and the order on the imposition of new duties);
• at illegal dismissal his rights will be protected by the court.

So, in order to impose additional duties, it is better to obtain the consent of the employee, notify him in time and issue Required documents by amending the employment contract or job description, if necessary, by concluding an additional agreement.

The order to assign duties to an employee has recently become commonplace in almost any enterprise. It is not difficult to create such a document. It is only necessary to strictly observe a certain sequence of actions and not violate the Labor Code.

Reasons for issuing the order

There are situations when one of the employees for one reason or another is absent from the workplace. But the enterprise should not change the usual rhythm of work for this time or stop altogether. The way out of this situation will be an order to assign the duties of this employee to someone else. But before that, the employer must decide by whom and in what way these duties will be performed. There are three completely different options:

1. You can temporarily transfer one of your colleagues to the position of a currently absent employee.
2. Assign his duties to another employee, and he must also perform his work.
3. Invite someone from outside. He will temporarily replace the main worker.

The choice should be made by the management of the enterprise, and only after that an order should be drawn up on the assignment of duties. Only two factors can affect the decision: labor resources (availability of employees who can perform additional functions) and material capabilities (to make partial or full payment).

Step-by-step instruction

There are several reasons why an employer decides that another employee will carry out a certain range of duties in the future:

1. The main employee is absent at the moment due to good reason(vacation, business trip, etc.).
2. It is necessary to perform duties corresponding to a position (profession) that is not in staffing.
3. The employee combines work in different professions.

In each of these cases, the following steps must be performed in turn:

1. The head of the unit must draw up a memo addressed to the director of the enterprise, which sets out in detail the reasons that prompted him to make the appropriate decision.
2. Coordinate the issue with the management.
3. Get the consent of the employee in writing.
4. The personnel service issues an appropriate order on the assignment of duties to a specific employee.

To resolve such an issue without creating conflicts, it is necessary to follow a strict sequence of these actions.

Necessary measure

Quite often, a situation of a different kind develops in enterprises. For example, there is no one or another unit in the staff list of the company (or the staff is very small), and the duties that correspond to this specialty must be performed. How to be in that case? How to legitimize the situation? This issue is easily resolved. It is only necessary to have a sample order on the assignment of duties on hand. It is composed, in principle, arbitrarily. Already in the title of the order, the position whose duties will need to be performed is indicated. Next comes the stating part, which explains the main reason. After that, in the administrative part, the essence of the issue is stated. For instance:

THE RUSSIAN FEDERATION

LIMITED LIABILITY COMPANY "VETER"

Samara city

On the assignment of the duties of a mechanic

Due to the absence in the staff list of the enterprise of the position of chief mechanic

I order:

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

Director of Veter LLC Karpov I.I.

Acquainted 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 management is in no hurry to take on it individual worker. In this case, a slightly different order is drawn up on the assignment of the duties of a cashier to another specialist (accountant). In fact, this will be a combination of professions (Article 60.2 of the Labor Code of the Russian Federation), so the sequence of actions should be as follows:

1. The employer in writing offers a specific specialist to additionally perform the work of a cashier and receives written consent from him.
2. An appropriate order is issued indicating the amount of payment.
3. An additional agreement is drawn up to the previously concluded labor contract (agreement).
4. The employee gets acquainted with the job description of the cashier and concludes an agreement on full liability.

It is worth remembering that in no case can the chief accountant perform the duties of a cashier, since the “Regulations on Chief Accountants” does not allow these specialists to combine duties related to personal responsibility for cash and material assets available at the enterprise.

Someone else's work on time

If one of the employees is absent from the workplace for some time, then his duties for this period are assigned to another member of the team. This usually occurs due to illness, vacation or business trip. There are two possible options solutions to this issue:

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

Fulfillment of the duties of a temporarily absent employee of the Labor Code of the Russian Federation allows you to arrange in several ways: using temporary transfer another employee of the enterprise, by assigning duties to someone from the staff without exemption from the main labor function or by hiring a new employee. In order to avoid conflicts between employees and management, as well as problems with supervisory authorities, it is important to understand the design features of each of these methods.

When a temporary transfer may be needed to replace an absent employee, assignment of his duties to another, etc.

In a number of cases, labor legislation provides employees with guarantees of exemption from labor with the preservation of their jobs. According to the Labor Code, the circumstances giving the right to do so include:

1. The presence of a medical certificate, according to which the employee is not allowed to perform the main labor function for up to 4 months. In this case, the specialist is transferred to another (available to him) job or is completely released from performing duties if the transfer is refused (Article 73).
2. Annual leave (art. 114).
3. A business trip to which an employee is sent by order of management (Article 167).
4. Passing intermediate and final certification when receiving education in correspondence, evening or part-time form of education (Article 174).
5. Birth of a child and caring for him: up to the age of 1.5 years - with payment, from 1.5 to 3 years - without it (Article 256).

There are other cases when an employee may not be present at the workplace with the preservation of the latter, including for more short term. These include the performance of the duties of a juror (as well as other public and state duties established by law), the passage medical examinations, donating blood, additional vacations in the presence of a disabled child, etc.

In such situations, the duties of the absent worker must be performed by someone else. Substitutions can be made in a variety of ways:

• temporary transfer of another employee to the place of the absent one (Article 72.2);
• assigning the duties of an absent employee to one of his colleagues without transfer (Article 60.2);
• conclusion of a fixed-term employment contract with another employee (Article 59).

The choice of a replacement method depends on the decision of the employer, which, in turn, is made taking into account a number of factors (we will discuss them in more detail below). It seems that it is advisable to do it based on the duration of the absence of the main employee and the conditions in which it is carried out. labor function.

Temporary transfer for the period of absence of the main employee to perform his duties

The provisions of Art. 72.2 of the Labor Code of the Russian Federation establish the possibility of transferring an employee, including for the performance of duties of an employee who is temporarily absent from the workplace, but at the same time has the right to return to work after the grounds for absence are exhausted. According to the general rule (in accordance with part 1 of the specified norm), such a temporary transfer is possible only in cases where the employee himself agrees to it (in this case, consent must be drawn up in writing).

However, part 3 defines a special condition when it is not necessary to obtain consent for a temporary transfer from an employee. This is permissible if the need for such a transfer is caused by circumstances of an emergency nature, the need to prevent them or eliminate their consequences. The term of such transfer cannot exceed a calendar month.

A temporary transfer within the framework of part 3 can only be made to a position, the replacement of which requires qualifications no lower than for the position occupied by the employee before the transfer. If the employee gives his consent, then he can be transferred to a less qualified job - however, in this case, the legislation guarantees such a specialist wages not below the average for the main place.

With the correct execution of such a transfer, the absenteeism of the transferred employee is the basis for bringing him to disciplinary responsibility, as evidenced, among other things, by the section of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004 No. 2, dedicated to changing the employment contract.

Don't know your rights?

Performing the functions of a temporarily absent employee by assigning his duties to another employee without interruption from the main job

The settlement of the issue of the performance of the function of an absent employee for a certain time by another employee of the enterprise (organization) without exemption from the main work is carried out in accordance with Art. 60.2 TC. The procedure for assigning duties in this case is drawn up by the internal legal act, which determines the list and scope of assigned duties, the amount of additional payment for their performance and the period for which specified duties assigned to another specialist.

To implement such a procedure, it is required that the following conditions established by parts 1 and 2 of this article be met:

1. The management of the enterprise must obtain written consent from the employee to whom it is planned to assign duties.
2. Additional work must be performed during the working day, the duration of which is determined in accordance with internal rules.
3. The increased amount of work must be carried out in the same organization where the main place of work of the employee is located.
4. Such work should be paid additionally (the amount of payment is established by mutual agreement of the parties).

An increase in the volume of work performed may be associated with the performance of the function of an absent employee, both in the same profession and in another. For example, when one of the accounting employees goes on vacation, his duties can be assigned to any other accountant (with his consent), due to which the latter actually simply increases the amount of work. Approximately the same situation arises, for example, when assigning the duties of a courier on vacation to a secretary. However, in this case, the increase in volume occurs already due to the fulfillment of the duties of an employee of a different profession.

Temporary replacement of an absent employee by a newly hired one

In the event of a long absence of the main employee at the workplace on legal grounds, it is advisable to resort to concluding a fixed-term employment contract with a new specialist. This procedure legislation is allowed (part 1 of article 59 of the Labor Code) and is regulated by the general rules of chapter 11 of the Labor Code on the procedure for registration labor relations.

The main feature of concluding an agreement with an employee, which is accepted for a period of impossibility of performance job duties the main specialist is the obligation to mention that it is concluded for a certain period, indicating such a period. The period for which new employee accepted by the enterprise, depends on the duration of the absence of the main specialist, but according to the rules of Art. 58 of the Labor Code cannot exceed 5 years. If, for any reason, there is no condition on the duration of the contract, it is considered concluded for an indefinite period. As a result, when the main employee leaves, serious legal problems are inevitable, since it is impossible to simply dismiss the replacement in this case. Thus, when concluding a contract in such a situation, one should be extremely careful about the clause on the term of its validity.

IMPORTANT! Instead of a specific end date of the employment contract, it is allowed to indicate that it is concluded before the main employee enters work (paragraph 1, part 1, article 59 of the Labor Code). In this case, there will be no difficulties with the dismissal of a substitute worker.

Another feature of the regulation of labor relations with such an employee is the possibility of establishing probationary period. So, if a person is accepted to perform work for a period of up to 2 months, a test cannot be established for him by virtue of paragraph 7 of part 4 of Art. 70 TK. If the term for performing the labor function is expected to be up to 2 to 6 months, then a test can be provided for in the contract, but its term will differ from the general one and cannot exceed 2 weeks, on the basis of part 6 of the same article.

The rest of the design of labor relations is based on general principles and is governed by general rules, regardless of the duration of the contract.

Calculation of the deadlines for the completion of the performance of duties of a temporarily absent employee

The most relevant issue of the specifics of calculating the expiration date of the contract is when performance of the duties of a temporarily absent employee hired by a new specialist. As a general rule, in this case, the employment contract does not indicate the exact date of its end, but the event that is the basis for the termination of the employment relationship.

In addition, according to part 1 of Art. 79, if the employment contract specifies the condition that the new employee is accepted on a temporary basis until the main employee leaves, the employer is not obliged to warn about the termination of such an agreement. In this case, the day of completion of the performance of the labor function (and, accordingly, dismissal) is the day the main specialist enters work.

A similar situation develops when an employee temporarily transferred to perform the duties of an absent person returns to his original place. The dismissal of a substitute in such a situation is carried out on the day when the main employee began to fulfill his duties, which follows from Part 1 of Art. 72.2, and from the norm indicated above.

In the case of assigning the duties of an absent employee to another person, the administrative document often (legally this is in no way prohibited) indicates the exact period for the performance of such duties, which can be extended subsequently by mutual agreement of the parties. The employer has the right to release from the performance of duties ahead of schedule only by warning the other party 3 days in advance. 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. Hiring a new employee on a temporary basis vacancy carried out with features (indication of the urgency of the contract, a shortened test period or its absence). The day of termination of the performance of duties is the day of the return of the main specialist to the performance of his labor function.

The organization has approved job descriptions for each position, which indicate the scope of duties, limits of responsibility, and so on. The employment contract concluded with each of the employees contains a link to the relevant instructions, but the duties themselves are not listed. When concluding an employment contract, employees become familiar with job description according to their position.

Until now, each structural subdivision organizations themselves carried out economic purchases. Recently, a decision was made to transfer all this work to the administrative department (without the introduction of a new position) and to entrust this work to the director of the administrative department during the working hours assigned to him, along with the work of his position. The director of the administrative department does not object.

How to formalize the procedure for increasing the volume of duties?

Article 60 of the Labor Code of the Russian Federation prohibits requiring 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.

New duties can become part of the employee's labor function, or they can be formalized in the form additional work executed along with the main one.

In the first case, it is necessary to make changes to, and if desired, change the job description. In the second case, only the written consent of the employee is required.

1. Despite the fact that in Labor Code The Russian Federation does not contain a mention of the job description, it is an important document that establishes not only the labor function of the employee, the range of his job duties, the limits of responsibility, but also the qualification requirements for the position held (letter of Rostrud dated 10.31.2007 N 4412-6).

The job description is a local normative act. By virtue of Art. 8 of the Labor Code of the Russian Federation, employers have the right to independently, as necessary, adopt local regulations, as well as make changes to previously adopted acts, as well as approve new ones instead of the previous ones.

Employees must be familiarized against signature with local regulations that are related to their labor activity(part two of article 22, part three of article 68 of the Labor Code of the Russian Federation).

It is advisable to change the instructions only when the employer wants the relevant work to be performed by any employee holding the position of head of the administrative department of the organization.

Since the imposition of new duties not agreed upon by the parties during employment affects the labor function of the employee (part two of article 57 of the Labor Code of the Russian Federation), it is necessary to amend the employment contract. To do this, the employee and the employer conclude an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation), which states that official duties employee are determined by the instruction in force in new edition(from such and such a number).

From the date of signing the additional agreement, economic purchases will become the responsibility of the head of the administrative department. You don't have to pay extra for new responsibilities.

If the instruction has not changed, then the obligation to carry out economic purchases is fixed directly in the text of the employment contract in addition to the reference to the job description.

Without making changes to the employment contract, it is impossible to require the head of the administrative department to carry out economic purchases, even if such an obligation is provided for by the new job description, which the employee is familiarized with against signature (see, for example, clause 3 (Supervisory practice) Litigation on civil cases of the Supreme Court of the Republic of Karelia for the second half of 2007).

2. In accordance with the first part of Art. 60.2 of the Labor Code of the Russian Federation, 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.

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee (part three of article 60.2 of the Labor Code of the Russian Federation). The amount of additional payment, according to the second part of Art. 151 of the Labor Code of the Russian Federation, is established by agreement of the parties to the employment contract, taking into account the content or volume of additional work.

Therefore, the parties must conclude a written agreement, which indicates the specific type of additional work assigned to the employee (its content), the volume, deadline, and the amount of the additional payment. The employee's consent to perform additional work can be expressed by a statement or signature on the relevant order of the employer with the words "I agree", "I do not mind", etc.

By virtue of the requirements of Art. 60.2 of the Labor Code of the Russian Federation, additional work is performed temporarily. The employee has the right to early refuse to perform additional work, and the employer - to early cancel the order to perform it, notifying the other party in writing no later than three working days (part four of article 60.2 of the Labor Code of the Russian Federation).

Prepared answer:
Legal Consulting Service Expert GARANT
Goryunova Olga

Checked answer:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. For more information about the service, contact your manager.