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Publication date: 22.05.2024
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Execution by the employee of related types of work. Consideration of the situation
The enterprise performs installation, adjustment and maintenance of heat, water and gas supply systems. The staff list includes the position "Installer of sanitary-technical systems and equipment". The employee who works in this position has the appropriate education. However, when performing boiler installation works, he performs work as an installer of boiler plant equipment, an installer of technological pipelines and structures, an installer of compressors, pumps, fans and structures, as well as an installer of systems and equipment for ventilation, air conditioning, pneumatic transport and aspiration. How to correctly draw up documents when concluding an employment contract with an employee? What legal act regulates this issue?
Personnel administration at the enterprise is organized in accordance with legal regulations, in particular, the National Classifier of Ukraine DK 003:2010 "Classifier of Professions" (hereinafter - KP), industry editions of the Handbook of Qualification Characteristics of Employees' Professions (hereinafter - DKHP), instructions on occupational health and safety of employees of relevant professions and legislative acts that regulate granting them certain benefits, etc.
Among the professional titles of jobs in KP given in the question are the following:
— "Installer of sanitary-technical systems and equipment" (code 7136);
— "Installer of boiler plant equipment" (code 7233);
— "Installer of technological pipelines" (code 7136);
— "Installer of compressors, pumps and fans" (code 7233);
— "Installer of ventilation, air conditioning, pneumatic transport and aspiration systems" (code 7233).Relevant qualification characteristics are contained in Section 2 "Workers. Construction, assembly and repair and construction works" of Issue 64 "Construction, assembly and repair and construction works. Construction of subways, tunnels and underground structures of special purpose" DKHP.
According to Clause 6 of the "General Provisions of the Handbook of Qualifications of Workers' Professions" of Chapter 2 "Professions of Workers" of Issue 1 "Professions of Employees Common to All Types of Economic Activity" of the Labor Code (hereinafter - General Provisions of Section 2 of Issue 1 of the Labor Code), if necessary , tasks and responsibilities included in the typical qualification characteristics of a particular profession can be distributed among individual performers or the range of tasks and responsibilities of individual workers can be expanded by entrusting them with work provided for different groups of professions of equal complexity , the performance of which does not require other qualifications.
The qualification is assigned in accordance with the Law of Ukraine dated February 10, 1998 No. 103/98-BP "On Vocational and Technical Education", the State List of Professions for the Training of Skilled Workers in Vocational and Technical Educational Institutions, approved by the Resolution of the Cabinet of Ministers of Ukraine dated September 11, 2007 No. 1117 (hereinafter referred to as the State List), and the Regulation on the procedure for qualification attestation and awarding of qualifications to persons obtaining vocational and technical education, approved by order of the Ministry of Labor and Social Policy of Ukraine and the Ministry of Education of Ukraine dated December 31, 1998 No. 201/469.In the general part of the State List, it is stated that its application will contribute to "the acquisition of several competitive professions with qualifications that meet the needs of the labor market, which provides for an increase in employment opportunities for graduates of vocational and technical educational institutions." That is, the qualification may include several professions that are related in terms of tasks, duties, types of work, etc.
According to the State List, "Installer of technological pipelines", "Installer of compressors, pumps and fans", "Installer of sanitary technical systems and equipment", "Installer of ventilation, air conditioning, pneumatic transport and aspiration systems" and "Installer of boiler plant equipment" belong to class 45.33 "Sanitary and technical works" of section 45 "Construction" of the National Classifier of Ukraine DK 009:2005 "Classification of types of economic activity"*, i.e. the corresponding jobs in these professions are within the scope of one type of economic activity and can be defined within the scope of one qualification.*The classifier has lost its validity due to the expiration of its term of validity, however, the State list of professions for the training of qualified workers in vocational and technical educational institutions, approved by Resolution 1117 of the Cabinet of Ministers of Ukraine dated September 11, 2007, is valid today and contains references specifically to National Classifier of Ukraine DK 009:2005 "Classification of Types of Economic Activity" and National Classifier of Ukraine DK 003:2005 "Classifier of Professions"
collection of debt from wages.
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Due to the fact that individual qualification characteristics of workers contain only basic or typical tasks and duties, the employer can supplement job (work) instructions with works that are part of statutes, regulations, technological maps, instructions and other regulatory documents, established by the administration in agreement with the trade union or other body authorized to represent the labor collective (clause 8 of the General Provisions of Section 2 of Issue 1 of the Labor Code). Such types of work must be determined under the condition of compliance with labor protection rules, sanitary standards and safety requirements for the performance of work. That is, the employer can approve by order job (work) instructions for the main profession, position (the main profession is considered to be the profession with the largest amount of work performed compared to other professions, clause 16 of the General Provisions of Section 2 of Issue 1 of the Labor Code of Ukraine) and supplement them with the necessary tasks and duties. Such tasks and duties should be outlined in the employment contract.
In the case of combining professions, the conditions for possible preferential provision, if any, must be met.In other words, the requirements of such resolutions of the Cabinet of Ministers of Ukraine as:
— "On approval of lists of industries, works, professions, positions and indicators, employment in which gives the right to an old-age pension on preferential terms" dated June 24, 2016 No. 461;
— "On the approval of the List of industries, shops, professions and positions with harmful working conditions, work in which gives the right to a shortened working week" dated February 21, 2001 No. 163;
— "On the approval of the Lists of industries, works, shops, professions and positions, the employment of workers in which gives the right to annual additional vacations for work with harmful and difficult working conditions and for the special nature of work" dated November 17, 1997 No. 1290.
If it is necessary to perform several related types of work by one employee at the enterprise, the employer must comply with the following norms:
1) determine the main profession (position), according to which the employee will perform tasks and duties;
2) make sure of the need for one employee to perform other types of work that do not belong to the tasks and duties outlined in the relevant qualification characteristics for the position (profession) he holds;
3) to make sure that the tasks and duties that the employer puts forward to the employee are not inherent to one profession and the corresponding qualification characteristic;
4) analyze the types of work that the employee must additionally perform, and determine their totality in the legislative acts that regulate the provision of certain benefits; collection of debt from wages
5) draw up an employment contract with the employee and provide him with job (work) instructions in accordance with the requirements of labor legislation and the General Provisions of Section 2 of Issue 1 of the Labor Code of Ukraine with an indication of the types of work to be performed by the employee. If the employee is already working, changes in the employment contract and job (work) instructions should be made in agreement with this employee in accordance with the requirements of labor legislation;
6) in the case of impossibility of combining related types of work into one profession, the employee can be registered as a combination to perform those types of work required by the employer, in accordance with current legislation.
Combination of professions (positions) differs from co-operation. According to Article 105 of the Labor Code, a combination is the performance by an employee at the same enterprise of additional work in another profession (position) in addition to his main work stipulated in the employment contract or the duties of a temporarily absent employee without being relieved of his main job.
The amounts of additional payments for combining professions (positions) or fulfilling the duties of a temporarily absent employee are established on the terms stipulated in the collective agreement. In the case of combining professions (positions), the employer must first of all include in the staff list those professions that are combined with the employee, develop relevant job (work) instructions and familiarize the employee with them under the list.
