Service area extension application (sample)

The imposition of additional duties on the employee is possible only with his written consent. An increase in the volume of work can be made at the initiative of the employer, or maybe at the suggestion of the employee. In the latter case, the employee submits an application to the head of the organization to expand the service area (a sample will be given in this article).

Expansion of the service area

The imputation of additional duties to the employee in addition to the main job is called combining in the Labor Code. Expansion of the service area is a form of overlap.

Examples of expanding the service area provided for by an employee's employment contract are:

• service by a taxi driver of additional areas of the settlement;
• inclusion in the duties of a realtor of work with objects located in other areas of the settlement;
• imputation of the service to the waiter of one more restaurant hall, etc.

As a rule, if there are several employees of the same profession (position) in the organization, the features of which imply the performance of work in a certain territory, each employee is assigned the territory under his jurisdiction. If one of the employees is temporarily absent for any reason (due to illness, maternity leave, etc.) or if the organization has included a new territory in its own service area, the “ownerless” territory should be assigned to someone. In this regard, the manager makes the distribution of additional responsibilities between the existing employees.

Thus, the extended service area is an additional territory in which the employee performs duties in his profession, in addition to the territory assigned to him, provided for by the employment contract.

An employee who is charged with an extended service area is entitled to an additional payment. The amount of remuneration for work performed in excess of the main one is established by additional. agreement on the imposition of additional responsibilities.

Service area extension application

The preparation of this statement is not a mandatory step in registration of the combination. In the case of imposing on the employee additional. duties, on the initiative of the employer, a memorandum can be drawn up addressed to the head of the organization from the head of the department in which a vacancy or an additional amount of work appeared, with a request to entrust a specific employee with additional. duties, which must be supported by the employee's written consent to increase the workload.

However, in the event of a vacancy or additional work, the employee himself may express a desire to take on additional responsibilities. In this case, they draw up an application addressed to the manager with a corresponding request.

The application must contain the following:

• to whom the application is addressed - the position and full name of the head (for example, “IP Martynov, General Director of LLC“ Klass ”);
• from whom the application is - the position and full name of the employee (for example, "from the cleaner L.A. Fedorova");
• a request to impose additional responsibilities with an indication of the reason ("in connection with the expansion of the service area", "in connection with the departure of another employee on parental leave up to one and a half years", etc.);
• an indication of the date from which the employee is ready to perform additional duties, and the deadline for their implementation, if such can be determined;
• if desired - the amount of surcharge for expanding the service area;
• date of preparation of the application;
• the employee's signature and its decryption.

After reviewing the application, the manager puts an inscription on the document with his decision and, if the application is satisfied, instructs the personnel worker to prepare the relevant documents. Such a statement will mean that the employee has given written consent to the extension of the service area. A sample application is provided below the link.

However, in order for the combination to be legal, an additional is concluded with the employee. an agreement to an employment contract, in which, in addition to additional obligations, the amount of additional payment is also indicated. By signing this supplementary agreement, the employee must agree with all of its terms.

Sample application for an extension of the service area

Please tell me what is the difference between the expansion of service areas and the increase in the volume of work performed?

Answer

The expansion of service areas and an increase in the volume of work is understood as the performance, along with their main work, due to the employment contract, of an additional amount of work for the same profession or position, that is, the performance of a homogeneous job (for a similar position, specialty, qualification).

At the same time, the concept of "expanding service areas" for the purpose of applying Articles 60.2 and 151 of the Labor Code of the Russian Federation includes the assignment of additional work in the same position, the work of which is dependent on the zones or sections, and with an increase in the volume of work - on the production rates.

In the clarifications of the state labor inspectorate in the Chelyabinsk region dated 11/21/2017, it is indicated that the main difference between the expansion of service areas and the increase in the amount of work is that the expansion of the service area is established when the position involves the presence of zones or areas (for example, a social worker, doctor, cleaner) ... And with an increase in the volume of work, in addition to the main work, the employee is entrusted with similar additional work, that is, the volume of previously performed work increases (for example, a mechanic of mechanical assembly work).

For clarity, let's summarize these differences in a table:

The table shows that the rest of the registration of additional work is the same when expanding service areas and increasing the amount of work: you need to conclude an agreement with the employee, adhere to the rule of equal pay for work of equal value, and there is no need to keep track of working time for additional work separately.

[…] The concept of “expansion of service areas” is considered by the legislator not separately, but only in conjunction with “an increase in the amount of work”, therefore, in order to avoid possible mistakes, it is worth noting the differences.
Expansion of service areas implies the imposition of additional responsibilities in works with a clear division of boundaries.
The main difference between expanding the service area and increasing the volume of work is that the expansion of the service area is established when the position requires the presence of zones or areas (for example, a social worker, doctor, cleaner). Increase in the volume of work - in addition to the main work, the employee is entrusted with similar additional work, that is, the volume of previously performed work increases.
Thus, the expansion of the service area is more often used for workers who are assigned sections - doctors, electricians, while the increase in volume is more likely applicable for workers who have a production rate.
In accordance with Part 2 of Art. 60.2 of the Labor Code of the Russian Federation, additional work entrusted to an employee, along with the work specified in an employment contract, can be performed by him in the order of combining professions (positions), by expanding service areas, increasing the volume of work, or in connection with the assignment of duties of a temporarily absent employee to him. In this case, the employer can instruct the employee to perform such additional work only with his written consent and for an additional fee (part 1 of article 60.2 of the Labor Code of the Russian Federation).
When expanding service areas or increasing the volume of work, the employee performs work in the same profession or position that is stipulated by the employment contract, but in a larger volume compared to that which he previously performed in accordance with the employment contract.
The law does not provide for the limitation of the period for which the employer can entrust the employee to perform additional work along with his main job. In each specific case, the period during which the employee will perform, along with the work specified in the employment contract, additional work by expanding service areas, increasing the volume of work, is determined by the employer with the consent of the employee (part 3 of article 60.2 of the Labor Code of the Russian Federation). In the event that the employee does not agree with the term determined by the employer, this term can be determined by agreement of the parties. If the parties cannot agree on the period during which additional work should be performed, the employee has the right to refuse to perform it.
According to Part 4 of Art. 60.2 of the Labor Code of the Russian Federation, the employee has the right to prematurely refuse to perform additional work, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party about this in writing no later than three working days.
At the same time, as follows from the content of this provision, neither the employee nor the employer is obliged to indicate the reason why they prematurely refuse the agreement on the performance of additional work.
When expanding service areas or increasing the volume of work, it is necessary to pay attention to the quantitative component of the labor function. This is important for both the employee and the employer. First, the employer must determine the amount of additional payment for expanding the service area or increasing the volume of work, which is due to the norms of labor legislation (Article 151 of the Labor Code of the Russian Federation).
So, in accordance with Part 2 of Art. 151 of the Labor Code of the Russian Federation, the amount of additional payment established by agreement of the parties to the employment contract depends on the content and (or) the amount of additional work. At the same time, it must be borne in mind that according to Part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with equal pay for work of equal value.
Secondly, the employee must know what functions he is obliged to perform, since by virtue of Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work that is not stipulated by an employment contract. The exceptions are cases strictly provided for by the Labor Code of the Russian Federation and other federal laws.
[…]
Failure to provide additional payment when expanding service areas and increasing the volume of work performed, attracting an employee to such work without his written consent are violations of labor legislation and entail administrative responsibility under Part 1 of Art. 5.27 of the RF Code of Administrative Offenses.

Prepared on the basis of the material of I.A.
State Labor Inspectorate in the Chelyabinsk Region 11/21/2017

REGISTRATION OF ADDITIONAL WORK

Let's consider the process of completing additional work with specific examples.

For example, an agreement is signed with an employee of Selena LLC, a 4-grade electrician Serebrov O.A. the employer has formalized the additional work as an increase in the volume of work (examples 3 and 4).

The law does not limit the period for which the employer can instruct the employee to perform additional work. In each specific case, the period during which the employee will perform, along with the work specified in the employment contract, additional work by expanding service areas, increasing the volume of work, is determined by the employer with the consent of the employee (part 3 of article 60.2 of the Labor Code of the Russian Federation).

E. N. Malkova,
head of the personnel department of LLC "ZVD"

The material is published in part. You can read it in full in the magazine

Remuneration for the work of employees in various situations of the business executive is somehow subject to payment. To do this, there are a number of methods for calculating the amount and documenting. In this article, we will tell you how the surcharge for expanding the service area is calculated, and we will give examples of registration.

Basic concepts for expanding the service area

Additional labor actions are entrusted to the employee only with his written consent. The expansion of its service area (OS) is carried out as an addition to the main professional duties. Works on:

• related activities,
• in cases of change in load volumes,
• replacement of an absent employee on a temporary basis.

Separately, the deadlines for the performance of such duties are also established, and the employee will be able to refuse to take on additional functions and notify the employer in writing in advance, three days before the order comes into force (Article 60.2 of the Labor Code). In practice, such cases are defined by the spatial term - combination. However, there are some differences. And therefore, the personnel officer or the person who performs these duties in the documentation should be guided by the definitions of Article 151 of the Labor Code.

The performance of work in related professions characterizes the combination as the simultaneous performance of the main position and the functions of another employee.

In some cases, when there is a change in the volume of daily work, the expansion of the service boundaries takes place. If such a change is not indicated in his employment contract, then it is necessary to make an additional payment.

Incentive surcharges and allowances

Incentive, compensatory additional payments are assigned to all employees of the enterprise for work under conditions of increased workload and other changes not specified in the employment contract. They are named in the legislation as follows:

To whom and how are co-payments accrued

The basis for accruals when expanding the ZO may be:

• joining additional micro-districts of service by social workers to the main zone;
• trips to new areas of the delivery service;
• expansion of storage facilities transferred to one responsible person to control shipments.

It is customary to assign job responsibilities of a full-time unit of identical professions to each employee personally. In the case of expansion of production or the sphere of services, the load changes. If the management does not plan to introduce a new full-time employee, responsibilities are distributed among the existing personnel. Also, additional work burdens employees during the absence of other employees (according to the certificate of incapacity for work, annual leave, maternity leave).

Establishment procedure and settlement methods

To correctly assign charges, you need to remember that you will need to confirm in writing the consent of the contractor. In addition to the assignment for additional work, issue:

• additional agreement on the expansion of service areas to the employment contract;
• approve the order from the employer.

Calculation example. An employee of the cafe serves a room for ten tables. The salary was 30,000 rubles. bonus bonuses in the amount of 5% of monthly revenue. During the warmer months, he serves outdoor tables. The supplement for the expansion of the ZO will be, by agreement, 20% of the salary.

Part-time allowance

Provided that the employee works part-time, it is likely that the responsibilities are partly assigned to other employees of the enterprise. Such working conditions are acceptable to all employees by agreement with management or due to circumstances. An employee on parental leave has the right to work under reduced conditions. At the same time, he occupies a staff unit, performs official functions. Payment is calculated as a proportion of salary to hours worked.

A distinctive feature of this method of work is that there are no clear boundaries of part-time work. The average rate for this mode is less than 40 hours per week. This is determined based on the practice of applying Art. 91 TC and can be appointed when hiring, in the future at any time of cooperation. The work schedule can be changed for a six-day work week.

Additional payment when paying according to the minimum wage

Employees who work part-time, part-time, with additional payments for the amount of work retain their rights to all conditions implemented by labor legislation. Subject to the payment of remuneration for work below the federal level of the minimum wage (7800 from 01.07.2017), it is required to bring the additional payment to the required amount.

The surcharge is made on the basis of an order for the enterprise. In addition, it is required to index all additional allowances and salaries for the performance of basic duties.

The established surcharge regulates the remuneration of labor in educational institutions, medical workers, employees working in the Far North or nearby areas. If an employee works in the state who receives a full 0.5 rate, its size should not be less than half of the amount of the established minimum wage.

Calculation of the amount for part-time jobs

The part-time job has special features. The number of working hours should not exceed four hours a day. If he is not employed / released from basic duties, he is allowed to work in a combined position within the established norms.

Documentation of compensation

For correct documentary confirmation of consent to additional work, it is necessary to issue:

• Order on the appointment of additional work (free form);
• Written consent (application) for the performance of the additional load;
• Supplementary agreement to the employment contract;
• Staffing table;
• Time sheet;
• Calculated sheets for the accrual of compensation for additional workload.

The publication of the order takes place after the written consent of the executor. The order contains:

• type of additional work;
• the period during which the employee will be engaged in additional work;
• content of additional work;
• the amount of additional functionality.

The order must indicate the amount of the allowance for additional work, which is approved in the employment agreement.

Sample statement of consent to expand the service area:

Head position (director, head of department)

Name of the employer's organization (LLC "Firm")

Surname, first name (initials abbreviated)

From (employee position)

Surname I.O.

Statement.

I, full name of the employee holding the position ________ I give my consent to perform additional work during the whole working day simultaneously with the main labor duties in accordance with article 60.2, 151 of the Labor Code of the Russian Federation and an employment contract on certain conditions:

1. additional work is carried out according to the position held;
2. scope, type and scope of work consists of duties:
   1. (job description, detailed functional responsibilities;
3. Deadlines for completing the work from (day, month, year of the beginning) to (day, month, year) of the end.
4. The amount of additional payment for execution in rubles.

Applicant's signature and transcript

Note: if the work will be performed in another professional position, then in paragraph 1 its name is indicated.

Sample order on combining professions / expanding the scope of work:

Order No. ___

Expanding the service area

in connection with the dismissal of the chief engineer for ____ (time, period), before the appointment of a new employee on the basis of article 151 of the Labor Code of the Russian Federation

I order:

1. Transfer the duties of the chief engineer as an extension of the service area to the engineer-technician (_________) indicate the full name) of the performance during the main working day.
2. Establish responsibilities: to monitor compliance with product quality, compilation of the necessary technical documentation, compliance with labor protection requirements, fire safety standards. In other matters, base your actions on the job description of the chief engineer.
3. Determine a fixed amount of payment in the amount of 20,000 rubles (or% of the salary as agreed with the contractor).
4. The accountant should be guided by this order when calculating earnings.
5. For the personnel officer, in accordance with the Labor Code, the appointment, accounting of working hours and payment. To acquaint the employee with the order against signature.

Basis: additional agreement of the employee dated July 17, 216 to the employment contract No. ___ dated November 11, 2013.

Director / Manager ___________ Transcript

I have read the order:

Date signature transcript of signature

Methodology for accounting surcharges in accounting

All expenses related to payment for the increase in the volume of work, expansion of the service area are recognized in the expenses of the organization for ordinary activities. The collection of information on settlements with personnel is carried out on account 70 in correspondence with expense accounts.

Accruals in the form of compensation or incentive payments are made by the accountant based on information on the actual hours worked. Payment for additional work is formed on the basis of the time sheet, an agreement with the employee. By agreement, it is possible:

• Payment in a fixed amount;
• % of monthly, daily or hourly rate;
• % rate from the salary of the position that is being filled;
• From the amount of work performed (piece-rate).

Taxable base when calculating profit

Regarding the surcharge for expanding the service area, the instructions of PBU 10/99 (Organization expenses) are applied and, regardless of the conditions of registration and the method of payment, are recognized as part of the main expenses of the enterprise. In accordance with the requirements of the tax code, there are rules for recognizing expenses for the performance of labor duties and legally reduce the taxable base of the enterprise.

This premium is recognized as income and is subject to withholding from the total amount of personal income tax, and the accrual is reflected in reports 2 - personal income tax, 6 - personal income tax. A closed list of amounts is legally established in respect of which contributions are not charged for mandatory health insurance, MHIF, FSS and injuries. This allowance is not named and is subject to assessment in the usual manner.

Answers to common questions

Question number 1. The employee was charged a premium for expanding the service area. Is it included in the minimum wage or not?

Monthly earnings consist of salary, allowances, payments based on an employment contract. Remuneration for the extension of the service area is accrued under an additional agreement. Consequently, the surcharge up to the minimum wage is calculated without interrelation with the surcharge for the extension of the ZO.

Question number 2. The company is carrying out an increase in salaries. What payments can be indexed if the employee has been accrued: salary, additional payment for the expansion of 30%, a bonus at the end of the year for success.

Wages and allowances for the volume of work, payments for combining and expanding the ZO are subject to indexation. The bonus is awarded on a one-off basis, regardless of salary.

When an employee is temporarily assigned the obligation to take on an additional burden associated with a territorial increase in the area of ​​his work for a separate fee, this is called a surcharge for. This concept is mentioned in Art. 60.2 and 151 of the Labor Code of the Russian Federation along with an increase in the volume of work and the fulfillment of the duties of an absent employee.

Thus, we are talking about an additional payment for an increase in the volume of work related to plots or zones in the same position. Expanding such sites or increasing their number is an increase in the total workload of the employee and requires additional payment.

The procedure for additional payments for expanding service areas of the Labor Code of the Russian Federation

The employee and the employer, by means of a conclusion, determine the amount of the additional payment and the duration of the agreement ( Art. 60.2 of the Labor Code of the Russian Federation). The surcharge depends on the amount of additional work. The law does not provide for any norms, interest or minimum payment threshold. The document must contain the following points:

• details of the parties;
• the subject of the agreement is the expansion of service areas;
• validity;
• amount of payment;
• termination procedure.

One of the parties to the agreement - either the employee or the employer - has the right to prematurely cancel its effect by notifying the other party in writing 3 days in advance. There is no need to explain the reasons for the termination of the agreement.

In addition, an order or order should be issued to increase the volume of work and its duration. It indicates the reasons (production need, replacement of a temporarily absent employee, etc.), the date of commencement of work. You can use a sample order for a surcharge for an extension of service areas.

If the condition on additional workload was included in the employment contract when hiring, it cannot be canceled unilaterally. In this case, it is necessary to conclude an additional agreement with changes in the terms of the contract - labor function and remuneration.

Judicial practice shows that the absence of an agreement on additional payment for an extended service area relieves the employer of responsibility for non-payment of the premium.