FEATURES OF THE EMPLOYEE'S PERFORMANCE OF ADDITIONAL DUTIES NOT PROVIDED FOR IN THE EMPLOYMENT CONTRACT

Abstract

The article is devoted to the study of the ways in which the employer can entrust the employee, in addition to the main duties, to perform additional duties that are not provided for in the employment contract and job (work) instructions. According to the labor legislation of Ukraine, the employer cannot increase the range of duties of the employee without his consent. It is possible to entrust an employee with his consent to perform “dual” duties with the help of concluding an employment contract on internal part-time work or without concluding such, by establishing a combination of professions (positions), performing the duties of a temporarily absent employee, expanding service areas (increasing in the volume of performed work) or temporary replacement (substitution). If the employer did not receive the employee’s consent, then it is possible to assign work outside the labor function in the order of changing the essential working conditions provided for in Article 32 of the Labor Code of Ukraine. In the article, the author analyzes the peculiarities of each of the specified methods of performing additional duties by the employee and identifies common and distinctive features. Thus, a feature of internal co-employment is that it is applied by concluding an employment contract to perform work for another vacant position in the time free from the main job with payment for the work actually performed; combining professions (positions) is carried out according to a vacant position within the working hours (shifts) determined by the main job with an additional payment in fixed percentages to the tariff rate (salary); expansion of the service area (increase in the volume of performed work) is performed for the same profession (position) at the same time as the main job and is possible only if there is a free position with additional pay, which is usually established at the local level; performance of the duties of a temporarily absent employee takes place without dismissal from the main job, with additional pay and in the position occupied by an employee who is temporarily absent from work for valid reasons; temporary replacement (substitution) – with release from the main job, with additional payment in the amount of the difference between the actual salary (official, personal) of the employee and the official salary of the employee being replaced. The author draws attention to the procedural aspect of establishing additional duties for the employee. The initiator of such installation can be employee or the employer.