Municipal budgetary

educational institution

"Pyatovskaya secondary school"

Order No. 95

from 27.12.2013

"About the appointment

contract manager

in MBOU "Pyatovskaya secondary school"

In order to implement the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", guided by the provisions of Article 26 of the above Federal Law,

I ORDER:

1. To appoint a teacher of computer science and physics Krasnova Oksana Nikolaevna, a higher education, as a contract manager at the Pyatovskaya secondary school.

2. During the absence of the contract manager (business trip, vacation, temporary disability, etc.), his functions and powers are performed by another contract manager determined by the employer.

3. The mode of work of the contract manager is established in accordance with the Regulations on the contract service and the job description of the contract manager.

5. I reserve control over the execution of the order.

Headmaster: S.S. Peshaya

Legal advice:

1. In our organization, the total annual volume of purchases does not exceed 100 million rubles, should we create a provision on contract service. Is it enough to create an order to appoint a contract manager, an order to create a single commission and an order to work in a single procurement information service. Or do you need something else? Thank you.

1.1. Do you have a lawyer or a procurement specialist? It is strange that such questions do not know.
Read.
Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated April 5, 2013 N 44-FZ (last edition)
Article 38 Everything is clearly indicated.
1. Customers, the total annual volume of purchases of which exceeds one hundred million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory).
(as amended by Federal Law No. 140-FZ of June 4, 2014)

Did the answer help you? Not really

2. In our state institution there is a lawyer's rate ( job description a lawyer, where there is not a word about 44-FZ) for which we hired a person who performs the functions of a contract manager (the order on the appointment of a contract manager, there is no provision on a contract manager). Could you tell me, pzhl, how can we legally eliminate violations?

2.1. In this case, issue an order to enroll this person in the position of a contract manager. Good luck and all the best.

Did the answer help you? Not really

2.2. You need to take a lawyer at the enterprise Thank you for your contacting our website good luck and all the best you will have to develop new documents.

Did the answer help you? Not really

2.3. Make changes to the job description and notify your lawyer in writing about the change in his job description at least two months before it comes into force.

Did the answer help you? Not really

2.4. You need to issue an order to hire this person as a contract manager, thus correcting your mistake.

Did the answer help you? Not really

3. I am interested in the following: I was appointed in 2015 as a contract manager. Should an order be issued annually to appoint a contract manager or if there are no changes, the order of 2015 may remain.

3.1. It depends on how long you have been appointed.

Did the answer help you? Not really

4. I have been appointed a contract manager, which is not part of my job responsibilities. I have been working for 2 years without agreements. How can I refuse these functions - in writing or is a verbal warning sufficient, or simply not to sign an appointment order from 01/01/2016?

4.1. Without your consent, you cannot be entrusted with additional work not stipulated by your employment contract.
Since there was no additional agreement, you can verbally warn the employer and not do this work.
If the order still appears, then write on it that you do not agree, put the date and signature.

Did the answer help you? Not really

4.2. The employee performs only the work that is determined by his employment contract. You have the right to refuse any additional load. Very often, the employer expands the circle official duties employee without his written consent is contrary to labor law. If there is a need for a load in excess of the job description, which must be identified with the duties of the employee in the employment contract. The employer issues an order to empower the employee with new responsibilities (impose secretary functions on the accountant's duties), then, on the basis of the order, an additional agreement is drawn up to the employment contract, then changes are made to the job description and the employee's signature is everywhere that he is familiar and agrees, if there is none, then it's illegal. Feel free to apply to State Inspectorate labor or a lawsuit. I draw your attention to the fact that if you refuse additional work, you are not entitled to be fired.

Did the answer help you? Not really

5. I was forced to sign an order appointing me as a contract manager. The next day, I wrote an application to remove me from this position, and my main position is an accountant, and there is no contract manager even in the staff list. The application was not accepted, arguing that there is no free rate and asked in this case to write a letter of resignation. Can they fire me, and how can I still transfer my application to them?

5.1. The application can be submitted through the secretary. Ask the secretary to date and sign your copy. They will be required to consider your application and give a reasoned, written response.
If the secretary refuses to accept the application, then send it by mail valuable letter with a description of the attachment.

Did the answer help you? Not really

5.2. Were you forced? What is it like? An order is not a contract! What is written in your employment contract?

All the best.

Did the answer help you? Not really

6. I was forced to sign an order appointing me as a contract manager. The next day, I wrote an application to remove me from this position, and my main position is an accountant, and there is no contract manager even in the staff list.

6.1. what's the question?

Did the answer help you? Not really

6.2. Were you forced? What is it like? An order is not a contract! What is written in your employment contract?
It is necessary for you on internal consultation. Appointment or temporary transfer, what in this case? Blindly the question is not solved.

All the best.

Did the answer help you? Not really

7. Can I be fired for not signing an order that I don't agree with? Is there an article in the Labor Code of the Russian Federation for not signing an order to appoint a contract manager? Am I entitled to finalize this school year?

7.1. You have the right not to sign an order with which you do not agree, or write in the order (which is better in my opinion) you do not agree and sign. There is no article for not signing the order. To modify if you are not fired at the initiative of the employer has the right

Did the answer help you? Not really

8. I am a computer science teacher in a rural school, I refused to sign an order to appoint a contract manager. The director, referring to my procurement training, although I studied instead of her, forces me to sign this order within three days. If I don’t sign, he threatens to fire me and invites me to the Head of our district to explain his disobedience. Is it legal?

8.1. Tatyana Gennadievna, the actions of the leadership are illegal and contrary to the Labor Code of the Russian Federation. File a complaint with the Labor Inspectorate.

Did the answer help you? Not really

9. Or in cases of special need (temporary decree) to regulate the most important public relations.

Valerian King:

Verbel T.I., Minsk:
Alexander Buglak:

It should be noted that in accordance with Article 67 Labor Code Republic of Belarus, a combination is recognized as the performance by the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without release from his main job during the duration of the working day (work shift) established by law ).

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budget organizations and other organizations receiving subsidies, whose employees are equal in terms of wages to employees of budgetary organizations - by the Government of the Republic of Belarus or a body authorized by it.

Migunova T.V., Gomel:
Alexander Buglak:

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

Irina Slutskaya:

Verbel T.I., Minsk:
Vadim Brother:

Verbel T.I., Minsk:
Vadim Brother:

This question is not related to the stated topic of the online conference. For clarification on this issue, we recommend that you send a written request.

Vadim Brother:

Viktor, Minsk:

Good afternoon!

Thank you.
Ivan Karchevsky:

Lyudmila, Minsk:
Anatoly Sadovnichy:

Alexander Buglak:

Maria, Novopolotsk:
Alexander Buglak:

Anatoly Sadovnichy:

Vadim Brother:

Yavchenko, Vitebsk:
Alexander Buglak:

Elena, Minsk:
Alexander Buglak:

Education department:
Irina Slutskaya:

Tatyana, Gomel:
Vadim Brother:

Angela, Minsk:
Ivan Karchevsky:

Ivan Karchevsky:

Olga, Minsk:
Valerian King:

Tatiana, Slonim:
Vadim Brother:

Valerian King:

Alexandra, Minsk:
Irina Slutskaya:

Irina Slutskaya:

Sergey Ivanovich, Brest:
Alexander Buglak:

Valerian King:

Svetlana L.:
Ivan Karchevsky:

Svetlana L.:
Ivan Karchevsky:

Getsman S.N.:
Alexander Buglak:

Mikhail, Minsk:
Valerian King:

According to Article 67 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), employees who perform for the same employer, along with their main job stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without exemption from their main work during the duration of the working day (work shift) established by law, an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amounts of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for organizations funded from the budget and using state subsidies - by the Government of the Republic of Belarus or authorized by him body.

When combining professions (positions), an employee performs, along with his main job, due to an employment contract (contract), additional work in another profession (position).

In accordance with Part 1 of Art. 67 of the Labor Code, combining professions (positions), expanding the service area (increasing the volume of work performed) is allowed with the same employer during the duration of the working day (shift) established by law.

For workers, specialists and employees of organizations financed from the budget and using state subsidies, additional payments may be established for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee within the wage fund in amounts up to tariff rate(salary) of an absent employee, depending on the amount of work performed (clause 2.5 of Appendix 1 to the Decree of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 “On measures to improve the conditions for remuneration of employees of organizations financed from the budget and using state subsidies”).

Also, the mentioned resolution provides for cases when the specified surcharges are not established.

The combination of professions (positions), the expansion of the service area (increasing the volume of work performed), as well as the fulfillment of the duties of a temporarily absent employee, is formalized by an order (instruction) of the employer indicating the combined profession (position) or the absent employee, the volume of additional functions or work and the amount of additional payment.
Varvara, Minsk:
Ivan Karchevsky:

Varvara, Minsk:
Ivan Karchevsky:

Mikhadyuk Viktor, Minsk:
Anatoly Sadovnichy:

Valentina, Mogilev:
Ivan Karchevsky:

Eugene, Minsk:

Anatoly Sadovnichy:

Andey Viktorovich, Minsk:
Ivan Karchevsky:

Petr Petrovich, Grodno:
Anatoly Sadovnichy:

Ivan Karchevsky:

Anatoly Sadovnichy:

Ivan Karchevsky:

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

Queen Olga, Polotsk:

Anatoly Sadovnichy:

According to Article 67 of the Labor Code, employees who perform for the same employer, along with their main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without being released from their main job during the working day established by law ( work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

Valentina Olegovna, Minsk:

Ivan Karchevsky:

Mikhadyuk Viktor, Minsk:
Is it possible to combine three professions in different organizations, and do I need consent to combine from the main employer?
Anatoly Sadovnichy:

It is important that for part-time work, the consent of the employer at the place of main work is not required, with the exception of cases provided for by legislative acts.

Article 348 of the Labor Code defines some restrictions on part-time work. For example, it is not allowed to engage in government organizations on the terms of combining two management positions, except for the positions of foremen and foremen, unless otherwise provided by law.

It is prohibited to work part-time for persons under the age of eighteen, pregnant women, as well as for work with harmful conditions labor, if the main work is connected with the same conditions.

When concurrently working in state organizations, it is prohibited teamwork relatives, associated with direct subordination and control (Article 27 of the Labor Code).

It is not allowed to accept concurrently to materially responsible positions of persons convicted of acquisitive crimes, if the conviction is not expunged or extinguished in the prescribed manner, as well as to those positions or activities that are prohibited by a court verdict for certain categories of citizens.

The legislation of the Republic of Belarus provides for other restrictions on part-time work, but there is no restriction on the number of jobs.

In this regard, the employee has the right to work part-time in two or more organizations.
Eugene, Minsk:
Is an employee required to notify the employer that he is taking another part-time job?
Anatoly Sadovnichy:

For part-time work, the consent of the employer at the place of main work is not required. The legislation of the Republic of Belarus does not provide for the obligation of an employee to notify the employer at the place of the main job that he is getting another part-time job.

Top news

Last news.
Prospects for military-technical cooperation in the Union State discussed in Moscow | 19:33

First case under anti-poppy decree considered in Minsk court | 19:19

In Ukraine, put on the wanted list of the former head of the Presidential Administration and the former head of the Ministry of Internal Affairs | 19:06

Attacks on Belarusian citizens for the purpose of robbery have become more frequent in Bialystok | 18:28

PHOTO: Joint board of control agencies of Belarus, Russia and Kazakhstan held in Minsk | 18:20

Yakobson praised the influence of control bodies on the implementation of allied programs | 18:15

The team of the Mogilev region became the leader of the first stage of the Snow Sniper tournament | 18:14

Blackbirds present fresh track Spring | 18:12

Military personnel-alternatives in Belarus will not be able to change their mind and go to military service | 18:00

Government Provides Guarantee to Eximbank of China in Repayment of $52.7 Mln Loan Issued by Belarusian Railways | 17:41 all news.
Plots

Fight against drug trafficking

Entrance Campaign-2014

Honoring the winners of the Olympics

25th anniversary of the withdrawal of Soviet troops from Afghanistan

The club of editors-in-chief of the CIS countries, the Baltics and Georgia in Israel all stories.
News
President |
Politics |
Economy |
Society |
Regions |
Culture |
Sports |
In the world |
Kaleidoscope |
Technologies |
Incidents |
Media
Photo report |
Video |
Photo news |
Infographics |
Analytics
Opinions |
Interview |
Comments |
Online conferences |
Officially
Personalities
President of Belarus |
Top officials |
Presidium of the Council of Ministers |
Presidential Administration |
Ministries |
House of Representatives |
Committees |
Regional executive committees |
All Belarus
State structure |
Figures and facts |
Economy |
History |
Sports |
Tourism |
Culture |
our company
About company |
Products |
Feedback |
Partners |
Press center |
Dossier
Companies |
Castles of Belarus |
Tournament tables |
Famous Belarusians |
Holidays and dates |
Horoscope |
TV program
Belarus 1 |
ONT |
STV |
Belarus 2 |
RTR-Belarus |
Belarus 3 |
World |
NTV-Belarus |
TRO |
BelTA posters
Website development.
Subscribers.
Services.
TV programme
BELTA - Belarus News, © Copyright by BELTA, 2010-2014
Link to the source is required. Terms of use of materials.
Technical support - BELTA

Partner news

Can an employee of one commercial organization work part-time as a DIRECTOR in another commercial organization? Thanks for the answer.
Alexander Buglak:

Labor legislation does not contain restrictions on part-time work for the director of another commercial organization, if this employee is no longer the director of another commercial organization, since in accordance with Article 255 of the Labor Code, the head of the organization is prohibited from performing paid work on the condition of full-time part-time work, except for teaching, research or other creative activity, as well as medical practice. At the same time, one should take into account the requirements of Article 345 of the Labor Code that the duration of part-time work cannot exceed half of the normal working hours established by Articles 111-114 of the Labor Code.
Alexey, Minsk:
In the staff list, the position of a lawyer does not correspond to qualifications. Directory, instead it was necessary to specify a legal adviser. How to change a lawyer to a legal adviser now? 1. rename the position? (although the organization does not have such a right) 2. or through the dismissal of a lawyer and his appointment as a legal adviser?
Irina Slutskaya:

In accordance with Article 32 of the Labor Code, a change in the name of a position refers to a change in the essential working conditions of an employee. The employee must be notified in writing of this change no later than one month in advance. In the notice, the employer must indicate justified reasons for changing the name of the position (for example, bringing it in accordance with the law). If the employee refuses to work in the changed working conditions, the employment contract with him is terminated under paragraph 5 of Article 35 of the Labor Code. The non-compliance of the title of the position with the EKSD is not a basis for the dismissal of an employee.
Yuri Anatolyevich, Gomel:
What has greater legal force in labor relations: the Labor Code of the Republic of Belarus or the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29.
Alexander Buglak:

In accordance with Article 2 of the Law of the Republic of Belarus on normative legal acts of the Republic of Belarus, the Code of the Republic of Belarus (codified normative legal act) is a law that provides full systemic regulation of a certain area of ​​public relations.

Decree of the President of the Republic of Belarus - a normative legal act of the Head of State, having the force of law, issued in accordance with the Constitution of the Republic of Belarus on the basis of legislative powers delegated to it by the Parliament or in cases of special need (temporary decree) to regulate the most important public relations.

In accordance with Article 10 of the said law:

Laws, decrees, decrees have great legal force in relation to the decisions of the chambers of the Parliament - the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Plenum of the Supreme Court of the Republic of Belarus, the Plenum of the Supreme Economic Court of the Republic of Belarus, acts of the Prosecutor General of the Republic of Belarus and other regulatory legal acts.

Laws, decrees, decrees, resolutions of the chambers of the Parliament - the National Assembly of the Republic of Belarus, resolutions of the Council of Ministers of the Republic of Belarus, the Plenum of the Supreme Court of the Republic of Belarus, the Plenum of the Supreme Economic Court of the Republic of Belarus, acts of the Prosecutor General of the Republic of Belarus have greater legal force in relation to the normative legal acts of the ministries , other republican government bodies and the National Bank of the Republic of Belarus, local Councils of Deputies, executive and administrative bodies.

Codes have greater legal force in relation to other laws.

It should be noted that the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 regulates the issues of the contract form of hiring workers.
Krasnov Victor Alexandrovich, Soligorsk:
I am a Lead Electronics Engineer. Is the combination of professions considered - a leading electronic engineer and an electronic engineer of the first category; and a leading electronics engineer and head of the APCS bureau of the same service? Or is the lead electronic engineer and first category electronic engineer an expansion of service areas?
Valerian King:

It should be noted that, in accordance with Article 67 of the Labor Code of the Republic of Belarus, combination is recognized as the performance by the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without exemption from his main job. work during the duration of the working day (work shift) established by law.

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

Thus, it is fundamental to perform work in another profession (position). In accordance with Article 1 of the Labor Code of the Republic of Belarus, a profession is recognized as labor activity requiring certain knowledge and skills acquired through training and practical experience, position - the official position of the employee, due to the range of his duties, official rights and the nature of the responsibility.
Verbel T.I., Minsk:
Is it possible for the driver of the bus transporting students to combine the position of a worker for complex service buildings and premises and others in the amount of up to 100% of the absent employee?
Alexander Buglak:

It should be noted that, in accordance with Article 67 of the Labor Code of the Republic of Belarus, combination is recognized as the performance by the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without exemption from his main job. work during the duration of the working day (work shift) established by law.

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

Taking into account that the bus driver needs to combine the position of a worker for the complex maintenance of buildings and premises during the performance of his main job, we believe that it should be a combination of positions.
Migunova T.V., Gomel:
Is it possible to make an additional payment for the performance of an additional amount of work for an existing vacancy? Example: an MTS engineer quit and I additionally do his work. How to make the correct surcharge for the additional amount of work performed?
Alexander Buglak:

As noted earlier, in accordance with Article 67 of the Labor Code of the Republic of Belarus, an additional payment is made for expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

It is also possible to conclude employment contract at the same time. The remuneration of part-time workers is made in proportion to the hours worked. When establishing part-time workers with time wages of normalized tasks, payment is made according to end results for the amount of work actually done.
Ermachenok Marina Aleksandrovna, Minsk:
Can a young specialist (trainee teacher) work part-time for 0.5 semester?
Irina Slutskaya:

Restrictions on part-time work for employees who are young professionals are not established by labor legislation.
Verbel T.I., Minsk:
An accountant in the education department has been working since 1986. Secondary special education. Specialty-merchant. In March 1990, I was assigned the 1st category of an accountant. With the release of the Decree of the Ministry of Labor and Social Protection of September 24, 2010 No. 129 “On Amendments to the Decree of the Ministry of Labor of the Republic of Belarus of January 21, 2000 No. 6”, is it lawful to establish an allowance for the category or cancel the category, since there is no higher professional education? Similarly, a category was assigned to other employees who had a secondary specialized education in 1990, 1997, 2003, 2006.
Vadim Brother:

This question is not related to the stated topic of the online conference. For clarification on this issue, we recommend that you send a written request.
Verbel T.I., Minsk:
The employee of the centralized accounting department has higher education majoring in Accounting, Analysis and Audit. Qualified as an Economist. She has been working as an accountant since February 2007. Does the organization have the right to assign the II qualification category of an accountant.
Vadim Brother:

This question is not related to the stated topic of the online conference. For clarification on this issue, we recommend that you send a written request.
Ivanov Petr Sergeevich, Vitebsk:
Is it possible to increase the tariff rate of an employee accepted for internal part-time work (an employment contract has been drawn up) in accordance with Presidential Decree No. 29 of 07/29/1999? How should this be reflected in LUPA?
Vadim Brother:

In accordance with the requirements of paragraph 2.5 of paragraph 2 of the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29, a contract concluded with an employee (including part-time work) must contain an increase in the tariff rate by no more than 50% as an additional labor incentive measure. It follows from the question that an employment contract has been concluded with the employee, so the specified additional labor incentive measure may be provided for by the terms of the concluded contract or in the LUPA.
Viktor, Minsk:

Good afternoon!

The head of the department is entrusted with the performance of the duties of the director by a higher organization. At the same time, the head of the department was not familiar with the order and did not give his consent and did not receive a warning. Question:

1. Is it legal to assign duties?

2. What is it: combination of professions or temporary substitution?

3. How long can I serve as a vacancy?

Thank you.
Ivan Karchevsky:

Labor legislation does not provide for the combination vacancies. In this regard, if the position of the director of a lower organization is vacant, then the assignment of the duties of a director to the head of a department of a higher organization that is a different legal entity is not lawful. As for the combination of professions and temporary substitution, these terms can only be applied to employees of this organization, provided that they perform duties in another profession (position) in the main working time along with his profession (position) or the duties of a temporarily absent employee with release from the performance of duties in his profession (position).
Lyudmila, Minsk:
After the main work, the nurse works within 0.5 of the nurse's rate. Is this type of work part-time work or work in excess of the established working hours?
Anatoly Sadovnichy:

This work as a nurse can be considered as part-time work only if the employer has concluded a separate employment contract for its performance. It should be taken into account that Article 319 of the Labor Code establishes that the specifics of the work of medical workers are established by the Government of the Republic of Belarus. Thus, according to paragraph 1 of the Resolution of the Council of Ministers of the Republic of Belarus dated April 26, 2002 No. 533, payment for work on the provision of medical care performed by medical workers in excess of the length of working time established for them on the basis of the work schedule, is carried out for the time actually worked: on ordinary days of the week in a single amount, on public holidays and holidays, established and declared by the President of the Republic of Belarus as non-working, and on weekends - at a double rate. That is, this work is not overtime.
Alexander Korolev, Deputy Chairman of the NPG for Law and Soligorsk:
Does any regulatory document regulate the percentage of payment to employees for combining professions?
Alexander Buglak:

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body. So the conditions for remuneration of employees of organizations financed from the budget are approved by the Decree of the Minister of Ministers dated December 31, 1999 No. 2070.
Maria, Novopolotsk:
Good afternoon. Do we have the right to pay compensation for unused labor leave to external part-time workers?
Alexander Buglak:

In accordance with Article 349 of the Labor Code of the Republic of Belarus, other guarantees and compensations provided for by this Code, other acts of legislation, collective agreements, agreements, other local regulatory legal acts are provided to those working part-time in full. Restrictions are established only in the payment to part-time workers of the severance pay determined by Article 48 of the Labor Code of the Republic of Belarus.
Korneev Alexander Vitalievich, Minsk:
How to apply for a part-time job as an electronics engineer if the department needs him only to repair equipment in the event of a breakdown? In order for him to receive his salary in the report card, it is necessary to put down 4 hours of work daily (or half of the monthly working time fund). In fact, an electronic engineer works only when it is necessary for the employer.
Anatoly Sadovnichy:

In accordance with Article 343 of the Labor Code, part-time work is formalized by a separate employment contract, in which the employer, based on the needs of the organization, has the right to determine the working hours of this employee. The legislation establishes the maximum limit of the working time of a part-time worker (no more than half of the normal working hours), but does not prevent the establishment of a lower standard of working hours, as well as the choice of a specific mode of working hours. For example, an employer has the right to set a part-time worker with a summarized accounting of working hours, flexible working hours, etc.
Health care institution City clinical pathologist:

1. How is an additional payment established for an employee for combining professions (positions) without being released from his main job? From what funds are these payments made and whether they should be provided for in budget estimate institutions?

2. How is the bonus paid to an employee who performs a combination job without being released from his main job?
Vadim Brother:

In accordance with Article 67 of the Labor Code, employees who perform for the same employer, along with their main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without being released from their main job during the duration of the work established by law day (work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amounts of additional payments for combining are established by the employer by agreement with the employee, and for organizations financed from the budget and using state subsidies, by the Government of the Republic of Belarus or an authorized body. Bonuses for employees who perform combined work without being released from their main job are not regulated by the Labor Code and are usually regulated by local regulatory legal acts on remuneration in force with employers, which may stipulate the procedure and amounts of bonuses, other incentive payments for combining.
Yavchenko, Vitebsk:
Please explain whether it is possible to issue an internal order. Part-time work, if the work is done in excess of the established working hours for the same employer for the same function (for example, an electrician for elevators. An employment contract has been concluded with the employee, for the main job - a contract.
Alexander Buglak:

By virtue of Article 343 of the Labor Code, the employer must draw up both external and internal part-time jobs in a separate labor contract. In accordance with article 25 of the Labor Code, only after the conclusion of a written employment contract for part-time work, an order for employment should be issued.
Elena, Minsk:
Is it obligatory to record the presence of another profession in the work book when combining professions? If - yes, then from what category of performance of work.
Alexander Buglak:

In accordance with the Instruction on the procedure for maintaining work books of employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 03/09/1998-30 in work book the following is entered: information about the employee: last name, first name, patronymic, date of birth, education, profession, specialty; information about work: hiring, transfer to another permanent job, conclusion of a contract, dismissal; information about awards and incentives for success in work; information on training, advanced training and retraining; information on the appointment of a pension (clause 11). Making an entry in the work book when combining professions is not provided for by acts of legislation.
Education department:
1. An employee of the centralized accounting department has a higher education in accounting, analysis and audit with the qualification of an economist, has been working as an accountant in the department since February 2007. Question: Does an organization have the right to assign a second qualification category of an accountant? 2. An accountant has been working since 1986, a secondary special education with a specialization in merchandising. In March 1990, the 1st qualification category of an accountant was assigned. With the release of the Decree of the Ministry of Labor and Social Protection of September 24, 2010 No. 129, is it legal to establish a bonus for this employee for a category or cancel the previously assigned one, since he does not have a higher professional education? Similarly, the category was assigned to other employees with secondary specialized education in 1990, 1997, 2003, 2006. 3. Is it possible for a student bus driver to combine the position of a worker in the complex maintenance of buildings and premises and other positions in the amount of 100% of the absent employee?
Irina Slutskaya:

The first and second questions are not related to the topic of the online conference.

According to Article 67 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), employees who perform for the same employer, along with their main job stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without exemption from their main work during the duration of the working day (work shift) established by law, an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amounts of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for organizations funded from the budget and using state subsidies - by the Government of the Republic of Belarus or authorized by him body.

When combining professions (positions), an employee performs, along with his main job, due to an employment contract (contract), additional work in another profession (position).

According to Article 32 of the Labor Code essential conditions of labor, the systems and amounts of remuneration, guarantees, mode of work, category, name of profession, position, establishment or abolition of part-time work, combination of professions and other conditions established in accordance with the Labor Code are recognized.

A change in essential working conditions is possible only in connection with justified production, organizational or economic reasons that arose directly from the employer.

In order to establish or cancel the combination of professions (positions), the employer is obliged to warn the employee about changes in essential working conditions in writing no later than one month.

If the employee refuses to continue working with the changed essential working conditions, the employment contract (contract) is terminated under paragraph 5 of Art. 35 of the Labor Code.

However, the establishment of a combination is also permissible by agreement of the parties to the employment contract (contract), i.e. with the consent of the employee.

In accordance with Part 1 of Art. 67 of the Labor Code, combining professions (positions), expanding the service area (increasing the volume of work performed) is allowed with the same employer during the duration of the working day (shift) established by law.

The fulfillment of the duties of a temporarily absent employee without release from his work occurs when replacing an employee who is absent due to vacation, illness, and in other cases when his job is retained.

Labor Code (temporary transfer due to production needs).

For workers, specialists and employees of organizations financed from the budget and using state subsidies, additional payments may be established for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee within the wage fund in amounts up to the tariff the rate (salary) of an absent employee depending on the amount of work performed (clause 2.5 of Appendix 1 to the Decree of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 “On measures to improve the conditions for remuneration of employees of organizations financed from the budget and using state subsidies”) .

Also, the mentioned resolution provides for cases when the specified surcharges are not established.

The combination of professions (positions), the expansion of the service area (increasing the volume of work performed), as well as the fulfillment of the duties of a temporarily absent employee, is formalized by an order (instruction) of the employer indicating the combined profession (position) or the absent employee, the volume of additional functions or work and the amount of additional payment.
Tatyana, Gomel:
How and in what amount to make an additional payment for work in winter period on the street to the cleaner of the territories, the watchman?
Vadim Brother:

Surcharges for work in the winter on the street are not provided by law. This issue can be resolved independently in local regulatory legal acts on wages, as well as by introducing the relevant norms into collective agreements in force in organizations.
Angela, Minsk:
Does an employee with irregular working hours have the right to work part-time?
Ivan Karchevsky:

In accordance with the Decree of the Council of Ministers of the Republic of Belarus dated 10.12.2007 No. 1695, it is forbidden to establish an irregular working day for persons working part-time.
Kaminskaya Oksana Vladimirovna, Place of residence of the guest: Brest:
Work at 1 rate of the state medical forensic expert in the department of general examinations and internal part-time work at 0.5 rate of the state forensic expert in the department of medical forensics. According to the results of certification in the department of general examinations and in the department of medical forensics, additional leave for work with harmful working conditions is 14 days. How long will the additional part-time leave be in this example and how long if part-time work was performed at 0.25 rates?
Ivan Karchevsky:

Consultation on working conditions is provided subject to the performance of work during the full working day. The performance of work 0.5 and 0.25 percent of the working time does not provide for the establishment of compensation. THOSE. in your case, additional leave for work with harmful working conditions for occupied positions is not allowed.
Olga, Minsk:
Is it necessary to conclude a separate employment contract in healthcare for work in excess of the established working hours?
Valerian King:

It is necessary to conclude a separate employment contract only if there is a combination of jobs (Article 343 of the Labor Code). It should be taken into account that Article 319 of the Labor Code establishes that the specifics of the work of medical workers are established by the Government of the Republic of Belarus. Thus, according to paragraph 1 of the Decree of the Council of Ministers of the Republic of Belarus dated April 26, 2002 No. 533, payment for the work of providing medical care performed by medical workers in excess of the working hours established for them on the basis of the work schedule is carried out for the hours actually worked: on ordinary days of the week in a single amount, on public holidays and holidays established and declared non-working by the President of the Republic of Belarus, and on weekends - in double size.
Tatiana, Slonim:
For the period the chief mechanic is on leave, can his duties be performed by the head of the section (foreman) of the same structural unit, and also for the period of the work leave of the dispatcher of road transport, can we entrust the execution of duties to the head of the section. And how to make payment for combined positions.
Vadim Brother:

From the wording of the question, it is seen that we are talking about the combination of these positions by employees without their release from their main job. Labor legislation allows for what type of combination of positions, subject to the proper execution of permission for such a combination by order of the employer, if the employees combining the position are not substitutes for temporarily absent employees by position or, in accordance with their job descriptions, they are entrusted with such a combination. In this case, for combining positions in accordance with Article 67 of the Labor Code, additional payments for combinations are provided, the amounts of additional payments are established by the employer by agreement with the employee, and for organizations financed from the budget and using state subsidies - by the Government of the Republic of Belarus or an authorized body.
Makhortov Alexey Igorevich, Minsk:
The bankruptcy trustee hired me on a contract basis. Every month, I signed the Acts of performance of work. They promised to make payment after the sale of a particular object. He worked under the control of the Economic Court of Minsk. So I worked for 10 months. On November 4, 2010, this object was arrested by the UDFR in the Minsk region as part of a criminal case. The object went under UDFR. I was left without a 10-month salary, as was the bankruptcy trustee. Here we have the social protection of the population of the Republic of Belarus. I turned out to be completely unprotected and at the same time - robbed by the servants of the Law!
Valerian King:

In accordance with Article 6 of the Labor Code of the Republic of Belarus, relations regarding the implementation of obligations arising on the basis of contracts provided for by civil law (work contracts) are not subject to the code. Disputes arising from such relations are subject to consideration in court at the place of registration of the customer, while citizens performing work under work contracts are exempted from paying court costs when collecting sums due under the contract.
Alexandra, Minsk:
The main place of work is a cultural institution - assistant director, irregular working hours, education allows me to engage in teaching activities, can I work at a school full-time part-time?
Irina Slutskaya:

According to Article 343 of the Labor Code of the Republic of Belarus, part-time employment is the performance by an employee, in his spare time from his main job, of another permanently paid job with the same or another employer on the terms of the contract. The length of working time established by the employer for part-time employees cannot exceed half of the normal working hours established by Articles 111-114 of the Labor Code of the Republic of Belarus.

Volchek Elena Yurievna, Minsk:
Is the employer (at the request of the employee) obliged to provide social leave to care for a child until he reaches the age of 3 years, if the employee is a full-time student of higher education educational institution and works within 0.5 of the rate in his free time, sick leave for pregnancy and childbirth is paid.
Irina Slutskaya:

The employer is obliged to provide a working woman, regardless of the length of service and part-time work, leave to care for a child at the age of 3 years with the payment of a monthly state allowance for this period, the amount and conditions of payment of which are established by law.
Sergey Ivanovich, Brest:
Worked at the main job and part-time 4 hours a day in the second organization. Resigned from his main job. I presented a work book to the second organization. Tell me, please, in the second organization do I continue to be considered a part-time job or not?
Alexander Buglak:

Answer: In accordance with Article 343 of the Labor Code of the Republic of Belarus, the employment contract must indicate that the work is part-time. For full-time employment (0.5, 0.25), a new employment contract must be concluded.
Matusevich Igor Alexandrovich, [email protected]:
My son Igor graduated from the BSU College of Law - a lawyer. Graduated from the Faculty of Law of Belarusian State University - lawyer. He has two law degrees. For six months he goes to offices and interviews. There is only one answer - no work experience. Now he is digging trenches, hammering concrete. He is 22 years old. He is a reserve officer. And in front of him, only that we all have behind. We do not need inexperienced and certified lawyers in our state!
Valerian King:

The right to hire belongs to the employer. When hiring, the employer has the right to proceed from his needs for workers of a certain specialty or qualification, including requirements for work experience in this specialty to candidates for a position. Thus, the employer, in the event that the candidate does not have sufficient work experience, in his opinion, has the right to refuse an employee who does not belong to the category of workers defined by Article 16 of the Labor Code, with whom unreasonable refusal to conclude an employment contract is prohibited. At the same time, an employee who has received a refusal to hire and considers it unreasonable or discriminatory has the right to challenge it in court.
Svetlana L.:
The employer refuses to grant leave to a part-time employee at the same time as leave at the main place of work. What to do in this case? Is a part-time worker entitled to family leave?
Ivan Karchevsky:

In accordance with Article 347 of the Labor Code, labor leave for part-time workers is granted simultaneously with labor leave for the main job. Accordingly, the refusal of a part-time employee to grant labor leave simultaneously with labor leave for the main job is a violation of labor legislation, for which the employer may be held administratively liable.

Svetlana L.:
As you know, a person can work part-time only part-time. However, the possibility of removing this restriction has recently been discussed. Are there any plans to make any changes here?
Ivan Karchevsky:

The restriction of part-time work, established by Article 345 of the Labor Code, is aimed at protecting the interests of the employee, as well as ensuring his right to rest. The draft amendments to the TC do not provide for the abolition of this restriction.
Getsman S.N.:
1. Is it possible to work part-time for an employee in the same profession as at the main place of work (for the same employer, in the same structural unit): for example, a car (bus) driver to work as a car (car loader) driver, or as a cleaner premises as a part-time cleaner of premises? 2. Is it possible for an employee to work part-time for more than 0.5 of the rate for one employer, if at the main place of work for another employer he works for less than the rate? And is there a limit on the total number of rates if an employee works for two or more employers (and can he work for more than two employers, for example, for a rate for one and for 0.25 for two more)? Should the employer upon admission external part-time worker demand information about how many rates he works at his main place of work (and part-time with other employers)? 3. Is it possible for an employee hired for the period of absence (or vacancy) of the main employee (working at a rate) part-time for 0.5 rates to also establish an additional payment for expanding the service area (increasing the volume of work)? 4. How to interpret Article 345 of the Labor Code of the Republic of Belarus on half the normal working hours for a part-time worker, if he works at his main place of work, for example, for 0.75 rates as a cleaner of premises instead of the whole rate, and would like to work for another employer as a part-time cleaner of premises . Can it be issued for 0.75 bets or only for no more than 0.5 bets? 5. Can the Chief Accountant of a branch of a commercial organization with a state ownership of more than 50% perform the work of a part-time accountant in the "head" organization.
Alexander Buglak:

The answers to the questions set out in your appeal were given during the online conference on the topic: "On the procedure for organizing part-time work and combining professions."
Mikhail, Minsk:
1. How is an additional payment established for an employee for combining professions (positions) without being released from his main job? From what funds are these payments made and should they be provided for in the budget estimate of the institution? 2. How is the bonus paid to an employee who performs a combination job without being released from his main job?
Valerian King:

According to Article 67 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), employees who perform for the same employer, along with their main job stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without exemption from their main work during the duration of the working day (work shift) established by law, an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amounts of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for organizations funded from the budget and using state subsidies - by the Government of the Republic of Belarus or authorized by him body.

When combining professions (positions), an employee performs, along with his main job, due to an employment contract (contract), additional work in another profession (position).

In accordance with Part 1 of Art. 67 of the Labor Code, combining professions (positions), expanding the service area (increasing the volume of work performed) is allowed with the same employer during the duration of the working day (shift) established by law.

In accordance with Article 63 of the Labor Code, the forms, systems and amounts of remuneration of employees, including additional incentive and compensatory payments, are established by the employer on the basis of a collective agreement, agreement and employment contract.

For workers, specialists and employees of organizations financed from the budget and using state subsidies, additional payments may be established for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee within the wage fund in amounts up to the tariff the rate (salary) of an absent employee depending on the amount of work performed (clause 2.5 of Appendix 1 to the Decree of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 “On measures to improve the conditions for remuneration of employees of organizations financed from the budget and using state subsidies”) .

Also, the mentioned resolution provides for cases when the specified surcharges are not established.

The combination of professions (positions), the expansion of the service area (increasing the volume of work performed), as well as the fulfillment of the duties of a temporarily absent employee, is formalized by an order (instruction) of the employer indicating the combined profession (position) or the absent employee, the volume of additional functions or work and the amount of additional payment.
Varvara, Minsk:
The employee has been working at the enterprise part-time for 0.5 rates on the terms of an employment contract (not a contract) since 2004, which states that the employee is given a bonus for the length of service in accordance with the Regulations. The Regulations on the procedure for calculating and paying personal allowances for length of service (Appendix to the Collective Agreement) establish a gradation of allowances depending on the time worked at the enterprise. It is understood that these types of allowances apply to employees who are the main ones. But the Regulation does not say that it applies only to key employees. There is only a phrase about the method of calculating the allowance: “Personal allowance for work experience is calculated based on the official salary. Basis for calculation and accrual personal allowance is the salary, taking into account the increase under the contract for the reporting month. There is no allowance for part-time work experience in the staffing table. Is the seniority bonus a form of guarantee and/or workers' compensation? Is the company obliged to pay an allowance for the length of service to part-time workers on an equal basis with the main employees? Is the decision of the enterprise to establish an allowance for the length of service only for the main employees, and not for part-time workers working under an employment contract, justified? Doesn't Article 349 of the Labor Code contradict the establishment in the above Regulation of the clarification that this Regulation does not apply to part-time workers?
Ivan Karchevsky:

The seniority bonus refers to incentive payments. The procedure for these payments, in accordance with Article 63 of the Labor Code, is established by the employer in collective agreement, other local regulatory legal acts. That is, the employer has the right to determine the categories of employees to whom these payments are made.
Varvara, Minsk:
The company has two staff positions: a human resources specialist and a legal adviser. The HR specialist will soon go on social leave (maternity and childcare). The duties of a human resources specialist are offered to the legal adviser. How to properly combine? Is it enough to issue an order assigning the duties of a human resources specialist to a legal adviser? Is it required to conclude an additional agreement to the contract with a legal adviser and what conditions should be stipulated there?
Ivan Karchevsky:

In accordance with Article 32 of the Labor Code, the combination of professions (positions) refers to a change in the essential working conditions of employees. Procedure this change, is defined in Article 32 of the Labor Code. An order is issued to establish the combination, with which the employee gets acquainted with the signature.
Mikhadyuk Viktor, Minsk:
Is it possible to combine three professions in different organizations, and do I need consent to combine from the main employer?
Anatoly Sadovnichy:

In accordance with Article 343 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), part-time employment is the performance by an employee, in his spare time from his main job, of another permanently paid job with the same or with another employer on the terms of an employment contract. The employment contract must indicate that the work is part-time.

It is important that for part-time work, the consent of the employer at the place of main work is not required, with the exception of cases provided for by legislative acts.

Article 348 of the Labor Code defines some restrictions on part-time work. For example, it is not allowed to hold two managerial positions in state organizations on a part-time basis, except for the positions of foremen and foremen, unless otherwise provided by law.

It is prohibited to work part-time for persons under the age of eighteen, pregnant women, as well as for work with harmful working conditions, if the main work is associated with the same conditions.

When holding multiple positions in state organizations, joint work of relatives associated with direct subordination and control is prohibited (Article 27 of the Labor Code).

It is not allowed to accept concurrently to materially responsible positions of persons convicted of acquisitive crimes, if the conviction is not expunged or extinguished in the prescribed manner, as well as to those positions or activities that are prohibited by a court verdict for certain categories of citizens.

The legislation of the Republic of Belarus provides for other restrictions on part-time work, but there is no restriction on the number of jobs.

In this regard, the employee has the right to work part-time in two or more organizations.
Valentina, Mogilev:
As you know, a person can work part-time only part-time. However, the possibility of lifting this restriction has recently been discussed. Are there any plans to make any changes here?
Ivan Karchevsky:

To date, no changes this issue no.
Eugene, Minsk:
Is an employee required to notify the employer that he is taking another part-time job?

Anatoly Sadovnichy:

For part-time work, the consent of the employer at the place of main work is not required. The legislation of the Republic of Belarus does not provide for the obligation of an employee to notify the employer at the place of the main job that he is getting another part-time job.
Andey Viktorovich, Minsk:
Question. The company has two staff positions: a human resources specialist and a legal adviser. The HR specialist will soon go on social leave (maternity and childcare). The duties of a human resources specialist are offered to the legal adviser. How to properly combine? Is it enough to issue an order assigning the duties of a human resources specialist to a legal adviser? Is it required to conclude an additional agreement to the contract with a legal adviser and what conditions should be stipulated there?
Ivan Karchevsky:

According to Art. 32 of the Labor Code of the Republic of Belarus Due to justified production, organizational or economic reasons, the employer has the right, in the manner prescribed by this article, to change the essential working conditions of the employee while continuing to work in the same specialty, qualification or position specified in the employment contract. The assignment of combining professions is recognized as essential working conditions. The employer must notify the legal adviser of this at least one month before changing these conditions.

In the order on the assignment of the duties of the HR inspector to the legal adviser for the time the HR inspector is on parental leave until he reaches the age of 3 years, a specific term for the performance of duties by the legal adviser and the amount of additional payments for combining (fulfilling the duties of a temporarily absent employee) should be established ) in accordance with Art. 67 of the Labor Code of the Republic of Belarus inspector for personnel.

An additional agreement to the contract with a legal adviser in this case, in our opinion, is not necessary and what conditions should be stipulated there.
Petr Petrovich, Grodno:
1. Can an employee perform part-time work under two employment contracts in different structural divisions of the same organization? 2. Is it obligatory to record the presence of another profession in the work book when combining professions? If - yes, then from what category of performance of work?
Anatoly Sadovnichy:

An employee can perform part-time work under two employment contracts in different structural divisions of the same organization in his spare time from his main job.

According to Art. 345 of the Labor Code of the Republic of Belarus, the duration of working hours established by the employer for part-time workers cannot exceed half of the normal working hours established by law.

In accordance with the Instruction on the procedure for maintaining work books of employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 09.03.1998 N 30, the following information is entered in the work book: information about the employee: last name, first name, patronymic, date of birth, education, profession, specialty; knowledge about work: hiring, transfer to another permanent job, conclusion of a contract, dismissal; information about awards and incentives for success in work; information on training, advanced training and retraining; information on the appointment of a pension (clause 11)

The entry in the work book of information about part-time work is made by the employer at the request of the employee at the place of his main job on the basis of a document confirming part-time work (a copy of the order of the employer for whom the employee works part-time) (clause 6).

Making an entry in the work book when combining professions is not provided for by acts of legislation.
Ivan Sergeevich, Minsk region:
The employer refuses to grant leave to a part-time employee at the same time as leave at the main place of work. What to do in this case? Does a part-time worker have the right to leave for family reasons?
Ivan Karchevsky:

In accordance with Art. 168 of the Labor Code of the Republic of Belarus for part-time workers - labor leave is granted simultaneously with labor leave for the main job; for this, the part-time worker must provide a certificate (copy of the order) from the main place of work, on granting him labor leave. The employer is obliged to arrange labor leave for a part-time worker. According to Article 190 of the Labor Code of the Republic of Belarus, short-term leave without pay for family and domestic reasons is provided by agreement between the employee and the employer.
Duvalova Yu.V., Mogilev region:
Please explain in what order (with the preparation of what documents) the continuation of labor relations with a part-time worker hired temporarily for the period of absence of the main employee is formalized, after the dismissal of the main employee, if the main employee did not go to work and was fired for absenteeism?
Anatoly Sadovnichy:

In accordance with Art. 55, the Labor Code of the Republic of Belarus, clause 15, to issue changes in the conditions and termination of the employment contract with the employee by order (instruction).
Shishko Vasily Sergeevich, Brest:
How is the additional payment for combining the position of a forwarder with a car driver? Is it calculated as a percentage of the tariff salary of the rate of the freight forwarder or the driver of the car? Is it possible to charge an additional payment at the discretion of the employer within the tariff salary of the freight forwarder?
Ivan Karchevsky:

According to Article 67 of the Labor Code, employees who perform for the same employer, along with their main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without being released from their main job during the working day established by law ( work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equated in wages to employees budgetary organizations - by the Government of the Republic of Belarus or an authorized body.

In this case, the surcharge will be charged based on the forwarder's salary.
Queen Olga, Polotsk:

How is it expedient to issue a substitute for a period of temporary absence (temporary disability leave, business trip) of top-level managers of the organization (director, deputy director, Chief Engineer, Chief Accountant)? Is it possible to use the term "I.O." (acting)?

The procedure for organizing wages when combining professions (positions) and performing the duties of temporarily absent employees is determined by article 67 of the Labor Code. Is the following condition for establishing an additional payment for combining professions fixed in any regulatory legal act - the presence of a unit for a combined profession in the organization's staffing table.
Anatoly Sadovnichy:

The labor legislation does not contain any specifics in the design of substitution for the period of absence of the heads of the organization (director, deputy director, chief accountant, chief engineer) in comparison with other employees. Consequently, substitution is formalized by order (instruction) of the employer on the basis of a written application from the employee.

According to Article 67 of the Labor Code, employees who perform for the same employer, along with their main job, stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without being released from their main job during the working day established by law ( work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee.

Thus, additional payment for work when combining professions is made if there is a staff unit in the organization's staffing table.
Valentina Olegovna, Minsk:

According to Article 347 of the Labor Code, labor leave for part-time workers is granted simultaneously with labor leave for the main job.

If an employee has not worked at a part-time job for six months, then labor leave is provided in advance.

If the duration of the employee's labor leave at a part-time job is less than the duration of the labor leave at the main place of work, the employer, at the request of the employee, provides him with social leave of the appropriate duration without pay.

Part of the labor leave of a part-time worker, exceeding the labor leave for the main job, by agreement between the employee and the employer, can be replaced by monetary compensation.

Does this apply to external part-time jobs and what to do in a situation where the personnel department does not have information about the period for granting leave to the employee at the main place of work? If an employee refuses to go on vacation (since he works part-time 2 times a week for two hours), can he be compensated?
Ivan Karchevsky:

Article 347 of the Labor Code regulates the provision of labor leave to employees working both on an “internal” and “external” part-time job. If the employee refuses to provide the Human Resources Department with information on the provision of labor leave at the main place of work, the employer must send a request about the time of granting labor leave at the main place of work of the employee.

According to Article 173 of the Labor Code, if labor leave is granted in accordance with the established procedure, but the employee refuses to use the leave within the period specified for him without legal grounds, the employer has the right to refuse to transfer the leave to the employee and not pay monetary compensation per unused vacation, except for the cases provided for by the first part of Article 179 of the Labor Code.

Compensation to a part-time worker is paid only if the duration of the labor leave at the part-time job exceeds the duration of the labor leave at the main place of work, with the exception of cases provided for in the article, with the exception of holidays provided in advance, pregnant women, employees recognized as disabled, employees under eighteen years of age and employees for work in areas of radioactive contamination as a result of a disaster at Chernobyl nuclear power plant, as well as additional holidays for work with harmful and (or) dangerous working conditions and for the special nature of the work.
Mikhadyuk Viktor, Minsk:
Is it possible to combine three professions in different organizations, and do I need consent to combine from the main employer?
Anatoly Sadovnichy:

In accordance with Article 343 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), part-time employment is the performance by an employee, in his spare time from his main job, of another permanently paid job with the same or with another employer on the terms of an employment contract. The employment contract must indicate that the work is part-time.

It is important that for part-time work, the consent of the employer at the place of main work is not required, with the exception of cases provided for by legislative acts.

Article 348 of the Labor Code defines some restrictions on part-time work. For example, it is not allowed to hold two managerial positions in state organizations on a part-time basis, except for the positions of foremen and foremen, unless otherwise provided by law.

It is prohibited to work part-time for persons under the age of eighteen, pregnant women, as well as for work with harmful working conditions, if the main work is associated with the same conditions.

When holding multiple positions in state organizations, joint work of relatives associated with direct subordination and control is prohibited (Article 27 of the Labor Code).

It is not allowed to accept concurrently to materially responsible positions of persons convicted of acquisitive crimes, if the conviction is not expunged or extinguished in the prescribed manner, as well as to those positions or activities that are prohibited by a court verdict for certain categories of citizens.

The legislation of the Republic of Belarus provides for other restrictions on part-time work, but there is no restriction on the number of jobs.

In this regard, the employee has the right to work part-time in two or more organizations.
Eugene, Minsk:
Is an employee required to notify the employer that he is taking another part-time job?
Anatoly Sadovnichy:

For part-time work, the consent of the employer at the place of main work is not required. The legislation of the Republic of Belarus does not provide for the obligation of an employee to notify the employer at the place of the main job that he is getting another part-time job.

Install the BelTA news widget on the main page of Yandex!

Top news

A patient of the Mogilev hospital hit the doctor on the head with a metal holder and jumped from the third floor

Volkswagen Tiguan really sweet price!

Shunevich: the same situation as in Ukraine is impossible in Belarus (VIDEO)

Alternative service will be allowed to combine with part-time studies

Invitation ticket for Eurovision-2014 will be played in Belarus

Scientists have discovered a protein that extends life

Evgeni Plushenko after the operation is torn on the ice

Belarusian with a saber robbed Muscovites

The winners of the competition for the best catering facility of the 2014 Ice Hockey World Cup were announced in Minsk

Purchases of state and municipal customers must be carried out by professionals - these are the requirements of Law 44-FZ. The organization must have a contract service or one specialist is hired - contract manager. The duties of the manager are prescribed in a separate document - the job description.

How to form a service

If the purchase volume of the customer does not exceed 100 million rubles, you can get by with a contract manager. Otherwise, it is necessary to form a full-fledged contract service. It is necessary to develop a regulation on contract service, a sample of which is contained in the order of the Ministry of Economic Development of October 29, 2013 No. 631.

The customer can hire a manager in different ways:

Registration in ERUZ EIS

From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

1. Take on the job from the side and conclude an employment contract with him.
2. Transfer an employee to this position from among those who already work for the customer and meet the criteria. He must first undergo professional training.
3. Hire an existing employee on a part-time basis(half-time).

Regardless of the choice of option, the customer's manager must issue order appointing a contract manager and approve it job description. In addition, you will have to change the staffing table - add the appropriate position there.

Manager functions

What should a contract manager do? The list of its functions is given in the law. These include the following:

1. Formation, modification and publication.
2. Preparation of notices and procurement documentation, as well as invitations to closed procedures.
3. Participation in the procedure, including the conclusion of the contract.
4. Consulting suppliers and contractors.
5. Participation in disputes related to the purchase, determination of the supplier.

Requirements for employees who are responsible for public procurement are contained in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. The specialist must have knowledge and experience in the field of procurement. He must know not only the law 44-FZ, but also be familiar with civil, budgetary and other codes and laws. The specialist must be able to draw up documents and evaluate applications, know the intricacies of procurement planning and work with electronic platforms.

What to include in a job description

The job description of the contract manager is an internal document of the customer, which defines the requirements for him, his duties and rights. It shows what exactly is included in the area of ​​responsibility of the manager and what powers are given to him.

The instruction consists of several sections - their contents are presented in the following table. And at the end of the article is a sample job description for a contract manager.

Table. Sections of the job description of a contract manager

Job Description Sample Page 1

Job Description Sample Page 2

Such an act is a documentary order of the head, which he gives within his official powers, to appoint the employee specified in the text as a contract manager. This order is obligatory for execution by subordinates.

In 44-FZ, neither the procedure for registration nor the mandatory form of such a document is fixed, but without it it is impossible to build effective system purchases of the customer.

The customer sets the type of document on his own, it is enough to reflect the mandatory requirements of the law for the contract manager. It is advisable to issue an order that performs the following functions:

• regulates the issues of procurement activities;
• assigns to individual employees specific powers for the preparation, approval and approval of documents that are necessary for procurement;
• fixes the deadlines for the performance of duties and responsibility for their violation.

How is the appointment

Due to the fact that the appointment of an employee to such a position entails a change in his job responsibilities, as a rule, an expansion of the labor function, the following actions must be taken:

1. Obtain the written consent of the employee to change his job duties.
2. Make adjustments to the employment contract (service contract) by changing the job description.
3. Issue a local act - an order to appoint an employee to the position of a contract manager.

Another, simpler way - you can hire a new employee for this position with the conclusion of an employment contract.

What are the orders

The appointment document is necessary to streamline and systematize all the procurement activities of the customer.

Two types can be distinguished.

The first one is for a separate purchase or a separate area of ​​orders. For example, responsible for the purchase of a car with an initial contract price of 1 million rubles, or for the purchase of all medical consumables in the 1st half of 2017. One customer can have several contract managers at the same time, each of which is responsible for a separate sector of procurement activities.

The second - for all orders of the organization. That is, when one specialist controls all procurement activities and is responsible for it.

The expediency of such a division is determined by the customer. In this case, it is necessary to be guided by the specifics of the organization's activities, as well as the frequency of procurement procedures. In any of the two cases, it must be remembered that the document must be drawn up well in advance of the planned date of the order, taking into account the time required for its planning, as well as the preparation of the notice and other documentation.

Content Requirements

So, let's figure out what is important to consider when drawing up the order "Contract manager under 44 FZ", a sample of which you can download below. The document must contain the following information:

1. Link to Article 44-FZ on the appointment of a person responsible for public procurement.
2. Surname, name, patronymic, position of the appointed official.
3. Functions and entrusted powers with a reflection of the timing of their implementation.
4. Information about whether the employee will be responsible for all purchases or only a separate direction.
5. The person responsible for the execution of the order.
6. Signatures of the head and appointed persons.

An authorized official draws up a document, approves - the head. An important point is that the customer, when choosing a manager, must make sure that he has a higher education, as well as additional professional education in the field of procurement (part 6 of article 38 of 44-FZ).

Drawing up an order on the appointment of a contract manager mainly takes place on unitary enterprises public sector. The peculiarity of these organizations is that they have the right to conduct commercial activity, but at the same time they do not have their own property, and in order to carry out various kinds of purchases, they need to have a contract service or, in the absence of such, a contract manager. This norm is established in the Federal Law 44-FZ.

Tasks of the contract manager

The main function of the contract manager is to carry out purchases for the needs of the enterprise in the full cycle, from the selection of a supplier of goods or a work contractor to the analysis of the event.

Thus, at its core, its duties include elements strategic management, making the most important decisions, miscalculating the consequences.

After issuing the order

This document is the basis for making appropriate entries in the employee’s personal file and his work book, which is within the competence of the personnel department specialist, as well as payroll calculation in fixed amount, which is the accountant's function.

How and how long to store the document

During the entire period of validity, the order must be kept together with other administrative documentation of the enterprise in a separate folder in a place with limited access. After the relevance of the document is lost, it must be transferred to the archive of the organization, where it must be stored for the period indicated in the internal local acts of the company or established by law (but not less than three years), then it can be disposed of.

We draw up an order for the appointment of a contract manager

The provisions of Law No. 44-FZ provide for the obligation of the customer to determine an official who will be responsible for conducting procurement procedures and be responsible for this. He is a contract manager. At the same time, it should be borne in mind that such a position is introduced in an organization only if the annual volume of procurement procedures is not more than one hundred million rubles and there is no contract service.

What is an order

The order for the appointment of a contract manager is a document that confirms that a specific employee has been appointed to this position. Note that it can be occupied by any employee of the organization who has the necessary knowledge in the field of bidding (higher or special additional education in this area).

Read also: Is it possible to keep the old numbers when buying a new car

There are several types of such document:

• local act on determining the person responsible for one trading procedure(at the same time, be sure to indicate the specific purchase in question);
• appointment order for all procedures.

Let's figure out whether an order for a contract manager is mandatory. An employee can be appointed to this position in any way that is provided for by labor legislation. If we are talking about combining positions, then a local act is issued on the assignment of appropriate duties to him (in this case, it will not be necessary to create a separate local act on the appointment of a manager). If we are talking about an employee who has come to this position again, then it is necessary to issue an order “Contract manager under 44 FZ”, you will find a sample at the end of the article.

As follows from the provisions of 44-FZ, this local act is drawn up in any form in writing. In doing so, you must provide the following information:

• surname, name, patronymic and position of the employee who is involved in the performance of duties;
• an indication of the purchase for which he is responsible (if we are talking about the implementation of all tenders, then this fact must be referred to);
• the timing of the implementation of individual actions (for example, the development of procurement documentation or the placement of a notice of the procedure in the EIS).

The preparation of such local acts of the organization is carried out by an authorized person (for example, a personnel officer or an assistant to the head), and this document is approved by the head of the organization.

It should be borne in mind that, from the point of view of labor legislation, the employee’s labor function expands upon appointment to the position in question, so the employer needs to make changes to the job description and the employment contract (which, we note, cannot be done without the consent of the employee).

If the contracting authority plans to involve several employees in the procurement, then the appointment order must indicate which tenders each of them is responsible for conducting (for example, for procurement software, computer technology and components, or auctions related to food and medicines and preparations).

Sample order for the appointment of a contract manager

Order on the appointment of a contract manager - one of the documents, the publication of which imposes on the employee the obligations in the field of procurement, provided for by the law "On the contract system ..." dated 05.04.2013 No. 44-FZ. In the proposed material, we will tell you when such an order is issued and what information it contains.

Responsibilities of a contract manager

When an order is issued to appoint a contract manager or to impose his duties under Law No. 44-FZ

Law No. 44-FZ, which regulates the procurement of goods (services, etc.) for state and municipal needs, made it mandatory to appoint contract managers or form contract services in organizations engaged in public procurement that are subject to this law. Analysis of Part 2 of Art. 38 of the law allows you to formulate the basic conditions for publication order appointing a contract manager(Two conditions must be met) :

1. The volume of purchases for the coming year does not exceed 100 million rubles.
2. The organization does not have an active contract service. Such a service may also exist in an organization with a small volume of purchases, for example, it can be created earlier and continue to work if the volume of purchases has decreased. If the service is available, a contract manager is not required.

An employee is appointed to a position in any way provided for by the Labor Code of the Russian Federation. No one normative act does not contain a ban on combining the position of a contract manager with another in accordance with Art. 60.2 of the Labor Code of the Russian Federation. In this case, no edition is required. an order appointing a contract manager, it will be replaced by an order imposing the relevant duties on the selected employee, issued with the consent of the latter.

Another option is to transfer an employee to this position. In this case, a transfer order is issued and no additional issuance of an appointment order is required.

Ch. 6 Art. 38 of Law No. 44-FZ established that such an employee must have any higher or additional professional education in the field of procurement, but, given the specifics of work in this area, additional restrictions related to the education of a candidate were in effect until January 1, 2017 and have now been lifted.

Based on paragraph 2 of Art. 38 of Law No. 44-FZ and the explanations of the Ministry of Economic Development on the application of this law, set out in the letter of the department dated September 30, 2014 No. D28i-1889, it becomes clear that several contract managers engaged in various purchases can work in one organization at once.

The position of a contract manager is not included in the Unified Qualification Reference Books for Positions and Professions. Therefore, the state and municipal institutions it can be difficult to hire an employee for this position. In this regard, there is a practice of hiring an employee with relevant job responsibilities for the position of an economist or accountant as close as possible to the position in question. However, there are 2 professional standards: "Specialist in the field of procurement" and "Expert in the field of procurement", which can also be used.

The content of the order on the appointment of a contract manager

The law does not contain a rigid form for drawing up such an order, but, like any other document, it must comply with customs. business turnover and HR rules. This means that it must include:

• Title of the document;
• date of publication and registration number;
• wording on the appointment or assignment of duties, if it is a question of appointing a manager for a specific procurement or several contracts, then this can be indicated separately;
• date of entry into office;
• signature of the manager and employee.

municipal budgetary educational institution
"Pavlovskaya secondary school"

On the appointment of a person responsible for procurement (contract manager)

In order to organize the activities of MBOU "Pavlovskaya secondary school" when making purchases for their own needs, in accordance with Article 38 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state municipal needs"
I ORDER:
1. Appoint Gerasimova Elena Sergeevna, computer science teacher, responsible for procurement (contract manager), including the execution of each contract, in the MBOU "Pavlovsk secondary school"
2. Assign the following functions and powers to the teacher of computer science Gerasimova E.S., responsible for the implementation of procurement (contract manager):
2.1 Development of a procurement plan, preparation of changes to be included in the procurement plan, placement in a single information system procurement and amendments to it.
2.2 Development of a schedule, preparation of changes to be made to the schedule, placement in a single information system of the schedule plan and the changes made to it.
2.3 Preparation and placement in the unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the selection of suppliers (contractors, performers) by closed methods.
2.4 Ensuring the implementation of procurement, including the conclusion of contracts.
2.5 Participation in the consideration of cases on appealing the results of the determination of suppliers (contractors, performers) and the preparation of materials for the performance of claim work.
2.6 Organization, if necessary, at the procurement planning stage of consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of a particular environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet municipal needs.
2.7 Exercise of other powers provided for federal law dated April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs."
3. Assign personal responsibility to the computer science teacher Gerasimova E.S., responsible for the implementation of procurement (contract manager), within the limits of the powers exercised.
4. I reserve control over the execution of this order.

- one of the documents, the publication of which imposes on the employee the obligations in the field of procurement, provided for by the law "On the contract system ..." dated 05.04.2013 No. 44-FZ. In the proposed material, we will tell you when such an order is issued and what information it contains.

When an order is issued to appoint a contract manager or to impose his duties under Law No. 44-FZ

Law No. 44-FZ, which regulates the procurement of goods (services, etc.) for state and municipal needs, made it mandatory to appoint contract managers or form contract services in organizations engaged in public procurement that are subject to this law. Analysis of Part 2 of Art. 38 of the law allows you to formulate the basic conditions for publication order appointing a contract manager(Two conditions must be met) :

1. The volume of purchases for the coming year does not exceed 100 million rubles.
2. The organization does not have an active contract service. Such a service may also exist in an organization with a small volume of purchases, for example, it can be created earlier and continue to work if the volume of purchases has decreased. If the service is available, a contract manager is not required.

An employee is appointed to a position in any way provided for by the Labor Code of the Russian Federation. Not a single normative act contains a ban on combining the position of a contract manager with another in accordance with Art. 60.2 of the Labor Code of the Russian Federation. In this case, no edition is required. an order appointing a contract manager, it will be replaced by an order imposing the relevant duties on the selected employee, issued with the consent of the latter.

Another option is to transfer an employee to this position. In this case, a transfer order is issued and no additional issuance of an appointment order is required.

Ch. 6 Art. 38 of Law No. 44-FZ established that such an employee must have any higher or additional professional education in the field of procurement, but, given the specifics of work in this area, additional restrictions related to the candidate’s education were in effect until January 1, 2017 and have now been removed.

Based on paragraph 2 of Art. 38 of Law No. 44-FZ and the explanations of the Ministry of Economic Development on the application of this law, set out in the letter of the department dated September 30, 2014 No. D28i-1889, it becomes clear that several contract managers engaged in various purchases can work in one organization at once.

The position of a contract manager is not included in the Unified Qualification Reference Books for Positions and Professions. Therefore, it can be difficult for state and municipal institutions to accept an employee for this position. In this regard, there is a practice of hiring an employee with relevant job responsibilities for the position of an economist or accountant as close as possible to the position in question. However, there are 2 professional standards: "Specialist in the field of procurement" and "Expert in the field of procurement", which can also be used.

The content of the order on the appointment of a contract manager

The law does not contain a rigid form for drawing up such an order, but, like any other document, it must comply with the customs of business and the rules of personnel records management. This means that it must include:

• Title of the document;
• date of publication and registration number;
• wording on the appointment or assignment of duties, if it is a question of appointing a manager for a specific procurement or several contracts, then this can be indicated separately;
• date of entry into office;
• signature of the manager and employee.

It is not necessary to include in the order all the duties of the employee. The employee will get acquainted with them in the job description, and they are also listed in paragraph 3 of Art. 38 of the law in question. Sample order for the appointment of a contract manager you can download on our website.

Responsibilities of a contract manager

Let us immediately note that there are no differences in the functions of a contract manager and a contract service. In the performance of his duties, he must:

• develop and place a schedule and a procurement plan in the Unified Information System (hereinafter referred to as the UIS), if necessary, make changes to them;
• prepare and place a notice of procurement in the EIS, documentation on procurement and contracts, invitations to participants in closed procurement methods;
• participate in the process of considering complaints from procurement participants, assist in the preparation of materials for claims and lawsuits;
• if it is necessary to determine the optimal solutions and technologies to meet the needs of the customer, consult with the procurement participants, take a direct part in the procurement.
• purchase and conclude a contract on the part of the customer.

P. 7, part 4. Art. 38 of Law No. 44-FZ allows the assignment of other duties to the contact manager, in addition to the main ones. For example, drafting a contract and legal support purchases. Here it is worth noting a slight difference between the contract service and the manager. Thus, the law states that the contract service operates in accordance with the regulations developed in the organization on the basis of a standard application. For the contract manager, such a document is not provided, therefore he is guided by the job description.

It remains to be summarized that the contract manager is appointed by hiring a new employee, combining or transferring, about which an appropriate order is issued in a free form, after which he performs his duties in accordance with the job description.

Order on the appointment of a contract manager

What is an order of appointment

Such an act is a documentary order of the head, which he gives within his official powers, to appoint the employee specified in the text as a contract manager. This order is obligatory for execution by subordinates.

44-FZ does not fix either the procedure for registration or the mandatory form of such a document, however, without it it is impossible to build an effective customer procurement system.

The customer sets the type of document on his own, it is enough to reflect the mandatory requirements of the law for the contract manager. It is advisable to issue an order that performs the following functions:

• regulates the issues of procurement activities;
• assigns to individual employees specific powers for the preparation, approval and approval of documents that are necessary for procurement;
• fixes the deadlines for the performance of duties and responsibility for their violation.

How is the appointment

Due to the fact that the appointment of an employee to such a position entails a change in his job responsibilities, as a rule, an expansion of the labor function, the following actions must be taken:

1. Obtain the written consent of the employee to change his job duties.
2. Make adjustments to the employment contract (service contract) by changing the job description.
3. Issue a local act - an order to appoint an employee to the position of a contract manager.

Another, simpler way - you can hire a new employee for this position with the conclusion of an employment contract.

What are the orders

The appointment document is necessary to streamline and systematize all the procurement activities of the customer.
Two types can be distinguished.

The first one is for a separate purchase or a separate area of ​​orders. For example, responsible for the purchase of a car with an initial contract price of 1 million rubles, or for the purchase of all medical consumables in the 1st half of 2018. One customer can have several contract managers at the same time, each of which is responsible for a separate sector of procurement activities.

The second - for all orders of the organization. That is, when one specialist controls all procurement activities and is responsible for it.

The expediency of such a division is determined by the customer. In this case, it is necessary to be guided by the specifics of the organization's activities, as well as the frequency of procurement procedures. In any of the two cases, it must be remembered that the document must be drawn up well in advance of the planned date of the order, taking into account the time required for its planning, as well as the preparation of the notice and other documentation.

Content Requirements

So, let's figure out what is important to consider when drawing up the order "Contract manager under 44 FZ", a sample of which you can download below. The document must contain the following information:

1. Link to Article 44-FZ on the appointment of a person responsible for public procurement.
2. Surname, name, patronymic, position of the appointed official.
3. Functions and entrusted powers with a reflection of the timing of their implementation.
4. Information about whether the employee will be responsible for all purchases or only a separate direction.
5. The person responsible for the execution of the order.
6. Signatures of the head and appointed persons.

An authorized official draws up a document, approves - the head. An important point is that when choosing a manager, the customer must make sure that he has a higher education, as well as additional professional education in the field of procurement (part 6 of article 38 44-FZ).

Order on a contract manager - sample

"To ask for advice is the greatest trust that one person can give to another."

In the event that the customer does not have a contract service and if the total volume of purchases per year does not exceed 100 million rubles, the customer appoints an official responsible for the purchase or several purchases, including the execution of each contract - the contract manager.

The contract manager exercises the functions and powers named in accordance with parts 4 and 5 of Article 38 of Law 44-FZ:

The contract manager must have a higher education or additional professional education in the field of procurement (until 01/01/2017, a contract manager may be a person with a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.)

To appoint a contract manager, it is required to draw up an order for the appointment of a contract manager. A sample order on a contract manager can be downloaded below.

A sample order on a contract manager can be downloaded below.
If you need the help of specialists, then the lawyers of the Tsenniy Sovet Group of Companies will provide a full range of services in the field of competitive procurement.

For customers: Services for customers can be found in this section.
Suppliers: Services for suppliers can be found in this section.
Training: With services training center can be found in this section.

Contract manager according to 44-FZ: functions, duties, responsibility, professional standard + sample job description

Hello dear colleague! As you know, in order to make purchases under the contract system (44-FZ), the Customer must appoint a contract manager or create a contract service. The decision to choose between the creation of a contract service or the appointment of a contract manager depends on the size of the total annual purchase volume of the Customer. In this article, we will talk in detail about the contract manager, determine what requirements he must meet, as well as what functions and duties he must perform. This article will be useful to representatives of Customers, as well as specialists looking for a vacancy in a contract manager. ( Note: this article was updated on 01/03/2018).

1. Who is a contract manager?

Contract manager- the official responsible for the implementation of the procurement or several procurements, including the execution of each contract.

A contract manager is appointed when the total annual volume of purchases (abbreviated as SPO) of the Client does not exceed 100 million rubles and the Customer does not have a contract service (part 2 of article 38 of 44-FZ).

One Customer may simultaneously have several contract managers responsible for certain sectors of procurement activities. So, for example, one contract manager may be engaged in the procurement of construction and repair work, the second purchase of food, the third purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can buy the contract manager book here.

2. Contract service or contract manager?

Customers whose cumulative annual purchases >100 million rubles, create contract services (in this case, the creation of a special structural unit is not mandatory). In the event that the total annual volume of purchases of the Customer

Important point! According to part 3 of article 38 of 44-FZ, the contract service operates in accordance with the provision (regulation) developed and approved on the basis of model provision(regulation) approved federal body executive power on the regulation of the contract system in the field of procurement. Article 38 44-FZ does not provide obligations of the Customer to develop and approve the regulations for the contract manager.

4. Contract manager requirements for the position

According to part 6 of article 38 of 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to Part 23 of Article 112 of 44-FZ, until January 1, 2017, a contract manager may be a person with professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (i.e. .training according to 94-FZ).

5. Contract manager under 44-FZ: job description

The Customer has 3 possible options for appointing a contract manager:

Option number 1- Hire a new employee for the position of contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar duties and powers;

Option number 2- Transfer a full-time employee to the position of a contract manager (or similar position) with the conclusion of an agreement on changing the terms of the employment contract;

Option number 3- Agree with a full-time employee the possibility of combining positions in accordance with the rules of Article 60.2 of the Labor Code of the Russian Federation (at the same time, in accordance with Article 151 of the Labor Code of the Russian Federation, the employee is paid an additional payment, and appropriate changes are made to his job description).

The sequence of actions of the Customer when assigning a CG should be as follows:

• introduction of a new position in the organization's staffing table;

• development of a job description for CU ( Note: As a rule, the job description consists of several sections - general provisions duties, rights and responsibilities);

• issuing an order to appoint an official responsible for procurement (i.e. a contract manager).

Job description of a contract manager (download sample) (doc, 41 Kb).

Order on the appointment of a contract manager (download sample) (doc, 32 Kb).

6. Responsibility of the contract manager under 44-FZ: fines

According to part 5 of article 38 of 44-FZ, the contract manager is liable within the limits of his powers. In the job description of KU in without fail job responsibilities and responsibility for their non-fulfillment should be prescribed.

The contract manager is liable under labor legislation (Article 232 of the Labor Code of the Russian Federation) for failure to perform or improper performance of official duties stipulated by the job description, and causing material damage to the employer.

Also, the CU bears administrative, criminal and civil liability for offenses committed in the course of its activities. Contract managers who have committed administrative offenses under Articles 7.29-7.32 of the Code of Administrative Offenses of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials.

Learn more about the responsibilities of officials and legal entities for violation of 44-FZ, as well as the amount of fines for these violations can be found here.

Also, part 2 of article 12 of 44-FZ establishes that the officials of the Customers are personally responsible for compliance with the requirements, established by law Russian Federation on the contract system in the field of procurement.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation (part 1 of article 107 44-FZ).

7. Contract manager: training and professional standard

According to part 1 of article 9 of 44-FZ contract system in the field of procurement provides for the implementation of the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

Customers, specialized organizations should take measures to maintain and improve the level of qualifications and professional education officials employed in the field of procurement, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (part 2 of article 9 of 44-FZ).

As I said earlier, until January 1, 2017, a contract manager can be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (part 23 of article 112 of 44-FZ).

Order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 “On approval of the Procedure for organizing and implementing educational activities additional professional programs» it has been established that the minimum allowable period for mastering advanced training programs cannot be less than 16 hours, and the term for mastering professional retraining programs is less than 250 hours .

Professional training of contract managers is carried out in a specialized educational institution (higher and secondary specialized). Training can take place both in full-time and in absentia. Refresher courses can also be taken there. As a rule, such programs include both theoretical and practical classes.

Currently, distance learning courses are gaining popularity. AT modern conditions When an employee does not have the opportunity to break away from work, distance courses are the best solution. A person will need free time, a computer and Internet access.

Since July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for the application of professional standards by employers have been in force. The order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n approved the professional standard "Purchasing Specialist". And by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n, a professional standard was approved "Purchasing Expert".

In addition, a connection has been established between these standards and the CEN (Unified qualification guide positions of managers, specialists and other employees) and OKPDTR ( All-Russian classifier professions of workers, positions of employees and wage categories).

The professional standard "Specialist in the field of procurement" (qualification level from 5 to 8) was developed for a group of positions:

• Procurement Specialist;
• Leading Specialist;
• contract worker;
• contract manager;
• Purchasing consultant;
• Deputy head of department;
• Head of department;
• Contract manager;
• Advisor;
• Supervisor.

The professional standard "Expert in the field of procurement" (qualification level from 6 to 8) was developed for a group of positions:

• Purchasing consultant;
• Senior Purchasing Specialist;
• Procurement expert;
• Deputy head/director (department, department, organization);
• Head/director (department, department, organization);
• contract manager;
• Contract manager.

In line with professional standards specialist in the field of procurement must have:

• Secondary vocational education;
• Additional professional education - advanced training programs and professional retraining programs in the field of procurement;

BUT expert should have:

• Higher education - specialty, magistracy;
• Additional professional education - advanced training programs / or professional retraining programs in the field of procurement.

For the second group of positions (i.e. “Expert in the field of procurement”), it is mandatory not only to have the appropriate education, but also work experience - at least 5 years procurement, including leadership positions at least 3 years .

8. Search for a vacancy of a contract manager

I am often asked - “Where can I find a vacancy for a contract manager?”. In fact, finding a job as a contract manager is as easy as shelling pears. To get started, I recommend that you look at the most popular online job search sites:

1. www.hh.ru (HeadHunter);
2. www.superjob.ru (SuperJob);
3. www.rabota.ru (Rabota);
4. www.job.ru (Job);
5. www.avito.ru (Avito).

In addition, you can go to the websites of administrations or the websites of state (municipal) customers, where sometimes there are announcements about the search for procurement specialists.

Sometimes such announcements are posted on specialized public procurement forums or in thematic groups and communities on social networks.

Go through all these resources, I am sure that you will be able to find a suitable vacancy for yourself.

This concludes my article. I hope that the above material was useful to you. I wish you good luck and see you in the next editions.