The law provides for several ways to impose additional duties on employees that are not specified in the employment contract:
– an employee performing the duties of a temporarily absent employee;
– combining professions (positions) by an employee;
– expanding the service area or increasing the scope of work performed by an employee.
If an employee needs to be entrusted with the performance of work in the event of a colleague’s leave, business trip, temporary disability, etc. (i.e. the position is filled, but the employee who holds it is absent), the labour relationship should be built within the framework of performing the duties of a temporarily absent employee. Performing the duties of a temporarily absent employee is allowed only with the employee’s consent and on the basis of an order (instruction).
If an employee needs to be entrusted with additional duties due to a vacant position at the company, a combination of professions (positions) or expansion of the service area (increase in the scope of work) is established.
For the performance of additional duties, the employee is paid a supplement, which Ukrzaliznytsia unilaterally suspended in 2022 due to military aggression and the introduction of martial law.
Gradually, at the insistence of the Trade Union of Railway and Transport Builders of Ukraine, payments were resumed by separate instructions. In particular, the payment of a surcharge for performing the duties of temporarily absent employees (060 code of types of payment) was resumed from 14.03.2023 by the instruction of the Central Centre of Labour and Employment Policy 14/256, for combining professions (positions) (061 code of types of payment) from 22.07.2024 by the instruction of the Central Centre of Labour and Employment Policy 14/1127, and recently, from 09.10.2024, by the instruction of the Central Centre of Labour and Employment Policy 14/1605, the accrual of a surcharge for expanding the service area or increasing the volume of work performed (109 code of types of payment) was resumed.
