Holidays: Who Should Work? All ways to replace an employee
Summer divides people into those who go on vacation and those who replace them. To whom to entrust the performance of the duties of absent employees? How to arrange these labor Relations? In each individual case, you should choose the option that meets the requirements of the law. Let's take a look at these options so you can choose the one that's right for you.
On the pages of the magazine, we have already touched in one way or another on the topic of replacing temporarily absent workers. Today we will collect all possible methods together and talk about their features.
Let's get by on our own
If you want to manage on your own and not involve a third-party employee for the period of vacation of an employee, then the following options will suit you.
Combination of professions (positions), expansion of service areas, increase in the volume of work. To perform the duties of a temporarily absent employee, additional work, both in another and in the same profession (position), may be entrusted to another employee with his written consent. In this situation, additional work is entrusted without exemption from the main work defined by the employment contract (Article 602 of the Labor Code of the Russian Federation).
If the work is entrusted to another profession (position), then it will be carried out in the order of combining professions (positions). If in the same profession (position) by expanding service areas, increasing the amount of work.
In all these cases, the procedure for the actions of the personnel officer should be as follows (let's consider the example of combination):
- conclude an additional agreement with the employee to the employment contract with a description of the conditions for combining (in without fail the period during which the employee will perform additional work, its content and volume, the amount of additional payment);
- issue an order to combine (in any form with the obligatory indication of the assigned work, the period during which the employee will perform additional work and the amount of additional payment) (sample on page 46);
- familiarize the employee with the order of combination against signature *.
In order to combine professions (positions), the duties of a temporarily absent employee may be distributed among several employees. The content and volume of additional work of each specific employee is established by the employer with the written consent of each specific employee (fixed in supplementary agreements to labor contracts). Taking into account the content and volume of additional work, the amount of additional payment is also determined by agreement of the parties. The amount of the additional payment can be determined both as a percentage of the salary, and in a fixed amount (in rubles).
Temporary transfer to another job. With this option, the employee is released from his main job to perform the duties of a temporarily absent employee. An employee may be temporarily transferred to another job only by agreement of the parties, concluded in writing. The exception is the cases provided for by the second and third parts of Art. 722 of the Labor Code of the Russian Federation, such as a production accident, an accident at work, a fire, etc. (that is, due to production necessity).
By agreement of the parties, a temporary transfer to another job to replace a temporarily absent employee is allowed before this employee returns to work. For its registration it is necessary:
- conclude an additional agreement with the employee to the employment contract;
- issue an order for unified form No. T-5**;
- familiarize the employee with it against signature***.
Due to operational necessity, a temporary transfer to another job is allowed without the consent of the employee for a period of up to one month and only on condition that the replacement of the temporarily absent employee is caused by extraordinary circumstances (part two of article 722 of the Labor Code of the Russian Federation). In this case, the employee's remuneration is made according to the work performed, but not lower than the average earnings for the previous job. To process a transfer for production needs, an order is also issued in the form No. T-5, with which the employee must be familiarized against signature.
In order to avoid negative situations, it is necessary to responsibly approach the registration of the replacement of the head of the organization and financially responsible employees ****.
Internal collaboration. At internal combination you must conclude a separate employment contract with the employee on the performance of other regular paid work in his spare time from the main job. When concluding a part-time employment contract, it is necessary to pay attention to the restrictions established by part five of Article 282 of the Labor Code. If the future part-time worker does not fall under these restrictions, then an employment contract can be concluded with him. At the same time, the employment contract must necessarily indicate that the work is a part-time job.
Based on the concluded employment contract:
- an order is issued for hiring part-time in the form No. T-1 **;
- the order is announced to the employee against signature;
- an entry is made in the work book (at the request of the employee) (Article 66 of the Labor Code of the Russian Federation);
- a separate personal card is issued in the form No. T-2 **.
The length of working time when working part-time should not exceed four hours a day. On days when the employee is free from work at the main place of work job duties, he can work part-time full time (shift). At the same time, within one month (or another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (the norm of working hours of another accounting period) established for the corresponding category of workers (Article 284 of the Labor Code of the Russian Federation) ** ***.
We attract experts from outside
If you cannot manage with the help of the employees of the organization, we suggest considering such options.
External collaboration. On such short term like vacation, find a good specialist, of course, not easy. In this case, you can invite a specialist from another organization on the terms external combination and conclude an employment contract with him for the period of vacation of your employee. But at the same time, one must remember about the limitations and features established when working part-time, which we talked about above.
The general procedure for hiring an external part-time job is the same as for hiring an internal part-time job (employment contract, order, personal card). One difference: an entry in the work book (again, at the request of the employee) is made at the place of the main job of your external part-time job. To do this, you will have to, if the employee asks, give him a copy of the order for employment or a certificate (Article 66 of the Labor Code of the Russian Federation).
Fixed-term employment contract. For the period of the employee's vacation, so that the normal course of work in a particular structural unit or in the organization as a whole, you can hire an employee under a fixed-term employment contract.
The procedure for hiring under a fixed-term employment contract is the same as for hiring an employee for an indefinite period. But there are also some features.
Thus, in accordance with Article 57 of the Labor Code, an employment contract must necessarily indicate the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. Foundation in this case is the provision of leave (regular or additional) to an employee of the organization. And what is the deadline?
When hiring for a vacation (annual paid and (or) additional) one or another employee, it would seem that the end date of the vacation is known and can be issued exactly before this date. But what if the employee falls ill during the vacation and his vacation is extended by the number of sick days indicated on the sick leave (Article 124 of the Labor Code of the Russian Federation)? If a temporarily absent employee is absent longer than originally expected, and the employee replacing him under a fixed-term employment contract continues to work, then a situation may arise when the contract becomes permanent (part four of article 58 of the Labor Code of the Russian Federation). Therefore, it is preferable in employment contracts concluded for the duration of the vacation of an employee not to indicate a specific end date, but to accept an employee “for the period of temporary absence of a particular employee” (indicating the position, last name, first name, patronymic of the replaced employee).
Global Approach
There are situations when it is not about replacing a few employees, but about the need to attract a significantly larger number of people or to close a very large front of work. The output could be personnel leasing or outsourcing of works (services).
However, these options for formalizing relations with employees have not yet been regulated by labor legislation, although they are quite often used in practice. We talked about the problems of their application and design in No. 1, 2005, No. 6, 2006, No. 6–8, 2007.
When concluding fixed-term employment contracts Don't forget about their expiration date. An employment contract concluded for the duration of a certain work is terminated upon completion of this work. An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work. An employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).
The employee must be warned in writing about the termination of a fixed-term employment contract due to the expiration of its validity period at least three calendar days before dismissal (with the exception of cases when the term of a fixed-term employment contract concluded for the period of performance of the duties of a temporarily absent employee expires) (Article 79 of the Labor Code of the Russian Federation).
* For more information about combining professions (positions), see the thematic supplement to the magazine "Personnel Business" No. 3, 2008 "All about part-time employment and combination."
AT labor activity sometimes a situation may arise when an employee's vacation can be detrimental production process and the activities of the organization, and in order to minimize the losses associated with this, an employee can be replaced for the duration of the vacation. At the same time, the Labor Code of the Russian Federation contains various standards that allow replacing an absent employee with another employee. All parties to the employment contract should know how to apply them, how an employee is replaced during maternity leave or leave at their own expense, and in other situations.
Replacing an employee for vacation time - the main methods and features of the procedure
The current labor legislation provides for a fairly large number of ways, using which it is possible to replace an employee during a vacation under the Labor Code of the Russian Federation. At the same time, both the employer and employees, both those going on vacation and those replacing them, should be aware of them.
In general, there are five main methods and methods of substitution. Some involve the involvement of third-party employees, while others involve the use of internal human resources of the organization. The types and methods of replacing employees during vacations include:
- Temporary transfer of one of the employees of the organization to workplace absent employee. In this case, the legislation strictly regulates the aforementioned procedure, as well as the rights and obligations of the parties in accordance with the provisions of the Labor Code of the Russian Federation.
- Combination of positions within the enterprise for one of the working employees. In such a situation, the employee combining positions simultaneously performs not only his direct job duties, but also the work of the person who went on vacation for an additional fee or in accordance with the terms of the contract or local regulations of the enterprise.
- Hiring a new employee. Involving a part-time job allows you to minimize labor costs and simplify the formalization of labor relations.
- Hiring a new employee. In this case, the employee is involved during the absence of the main employee, after which the employment contract is terminated.
- Involvement of third-party specialists from and companies. In such a situation, the employer concludes a contract for outsourcing or outstaffing, and his relationship with the employee is governed by the provisions of not labor, but civil law.
Replacing an employee in a responsible position in some cases may be mandatory.
For example, if the absent employee was the only specialist responsible for labor protection with the appropriate qualifications, or in other cases when this is provided for by law. However, in most situations, the need to replace an employee for vacation is dictated only by economic feasibility to prevent financial losses of the enterprise due to the absence of an employee.
Each of the above methods of replacing an employee during a vacation will be considered in more detail, taking into account all the nuances and standards of the Labor Code of the Russian Federation. It should be noted that the employer has the ability to schedule vacations and initially can regulate the possible temporary loss of one of the employees. However, in the case of a decree that can last up to three years, or if there are grounds for extraordinary leave outside the schedule, the employer may be placed in an uncomfortable position and may need to replace the employee and urgently look for options to implement it.
Temporary transfer to replace the vacation of one of the employees
If one of the employees went on a vacation due to him, the vacation can be replaced by transferring another employee at the enterprise to his workplace. At the same time, the legal regulation of such actions is disclosed in the provisions of Articles 72.1 and 72.2 of the Labor Code of the Russian Federation and provides for the provision of certain guarantees to the transferred employee.
It should be remembered that there are various ways to transfer an employee to the place of the absent one, and in some situations, the employer does not even have to ask the employee's consent to the transfer. So, without the consent of the employee, you can transfer him to replace the employee who went on vacation in the following cases:
At temporary transfer, if it was not stipulated by the employment contract, the replacement employee must be kept average earnings at his main place of work, and if the job to which he is transferred provides for a higher level of earnings, then it must be provided to the replacement employee in full.
In other situations, for a temporary transfer to another job, it is necessary to obtain the consent of the replacement employee himself. At the same time, it is allowed to conclude an additional agreement to the employment contract, which may stipulate the conditions for accrual wages and providing other guarantees or benefits.
The advantages of such a replacement for an employee on vacation include the following features:
- The possibility of transferring a specialist who knows exactly all the nuances of the enterprise.
- Ease of finding a replacement with a large staff of workers.
- The lowest costs in case of replacement by an employee with a similar salary.
The disadvantages can be called:
- The need to provide a number of guarantees to the transferred employee.
- Actual reduction labor resource enterprises, as it will result in free seat transferred employee, and he will not perform his duties at the main place of work.
Fixed-term employment contract to replace an employee on vacation
The legal regulations of the Labor Code of the Russian Federation provide for the possibility of replacing an employee on vacation with an employee hired under a fixed-term employment contract. Legal regulation such employment is considered by the provisions of Article 59 of the Labor Code of the Russian Federation. At the same time, the employer does not need to look for grounds for concluding a fixed-term employment contract - the very need to replace an absent employee is a full-fledged justification for the urgency of labor relations.
A fixed-term employment contract is automatically effective when the main employee returns to work upon his return from vacation.
If the employee was on vacation and did not go to work for one reason or another for five years, then the contract with the deputy loses its urgent status and becomes indefinite, which should be taken into account in the case of maternity leave going one by one.
The advantages of a fixed-term employment contract include the following factors and features:
- Effective registration of relationships only for the period of vacation.
- Possibility to install other working conditions than the employee who went on vacation, including a lower level of payment with a corresponding change in the job schedule.
However, a fixed-term employment contract also has a number of certain disadvantages. These include:
- The need to ensure complete package labor guarantees hired employee.
- Additional load on personnel department enterprises.
- The presence of risks in case of untimely termination of the contract.
- Difficulty in the selection of candidates, since not all applicants will agree with the temporary nature of the work.
Replacing an employee on vacation with a part-time worker
Article 60.1 of the Labor Code of the Russian Federation, as well as Chapter 44 of the Labor Code of the Russian Federation, establishes the possibility of part-time work - while it can be carried out both with one employer and with different ones. Part-time work involves working in a place other than the main one, in part-time mode. Often, part-time work is enough to completely replace an absent employee, or at least level out Negative consequences his absence. However, such employment also has its advantages and disadvantages.
The advantages of part-time work to replace an employee during a vacation include:
- Simplicity in finding applicants. A greater number of applicants can agree to a part-time job than to fixed-term contract.
- Savings. Due to the fact that part-time work cannot exceed 50% of the main working time, the salary of a part-time worker decreases accordingly - so, it can be lower than the minimum wage in proportion to working time.
- No need to issue a work book. When working part-time, the employer is not obliged to demand a work book from the employee, and an entry in it can only be made at the request of the part-time worker himself.
The disadvantages of such a replacement for an absent employee are the following factors:
- Less work. Due to the inability to work part-time in full-time mode, it may be necessary to attract two part-time workers to perform the work of one person.
- The need to provide certain guarantees to the part-time worker. In particular, providing him with leave at the same time as at the main place of work, regardless of the schedule.
Combining positions when replacing an employee on vacation
Legislation in the provisions of Article 60.2 of the Labor Code of the Russian Federation provides for the possibility of imposing additional official duties to combine work and perform the work of other employees for employees of the enterprise. At the same time, such a combination can either be paid additionally or not require any additional payment - however key factor combining positions is the voluntary consent of the employee.
If the employee is initially required by job duties and the employment contract to replace certain employees or certain positions, including without increasing wages, then no additional agreements are required to be concluded with him.
The advantages of such an approach include:
- Possibility to foresee substitution from the outset certain workers and other positions.
- Significant cost savings with little or no performance degradation.
The disadvantages of combining are:
- Less motivation for replacement workers.
- The need to pre-specify the obligation to replace employees.
Outsourcing and outstaffing to replace an employee on vacation
To replace an employee on vacation, the employer has the right to turn to organizations or private entrepreneurs that offer outsourcing and outstaffing services. In this case, in fact, it will not be the conclusion of an employment contract, but a civil law agreement on the provision of certain services, which may also be the direct duties of an employee. This approach has a number of pros and cons. In particular, its positive aspects include:
- Quick selection of specialists in large cities.
- Possibility of flexible assignment of duties.
- No need to comply with labor guarantees and labor legislation in relation to the deputy.
The disadvantages of such methods of organizing labor are:
- Higher cost compared to the labor of a permanent employee.
- Lack of leverage on the contractor within the framework of labor legislation.
- Impossibility or risks when trying to use such techniques when accessing confidential information in accordance with official duties.
23.08.2019
If you go on vacation while you are away, you may need to make a replacement. The duties of the person who went to rest will be performed by another employee.
There are different ways of substitution: temporary, combining positions, increasing the volume of tasks. The employer assigns the duties of a temporarily absent person to another employee.
How to assign the duties of a temporarily absent employee under the Labor Code of the Russian Federation?
Management can use any convenient way holiday replacements.
Important! There are several options for replacing an employee, and each has its own characteristics. The employer can choose any method convenient for the company.
Ways to replace an absent employee for a while:
- Combination of positions. In this case, the employee will combine the duties of a vacationer along with his usual work.
- Compatibility. A person will spend his free time on the tasks of a vacationing employee. Suppose a part-time worker will stay after work or come on weekends.
- Temporary transfer. An employee of the company will only perform the duties of a vacationer. He will not do his work during this period.
- Reception temporary worker. A fixed-term contract is concluded for the period of the citizen's vacation. An outsider is involved to perform the duties of a temporarily absent employee.
Regardless of the chosen method of replacement, you will need to formalize the changes in the organization. For this, special documents are used, which will be discussed below.
Sample memo for the execution of the affairs of the main employee
A memo for the performance of the duties of an absent person and their assignment to another person is not used in all cases.
However, it is a convenient document that is used within the company.
There are no specific requirements for compiling a service, however, when writing, you should adhere to the sample presented below.
With its help, it will be easier to draw up a memo, which in the future will make it possible to record the decisions of managers.
In a memo on assigning the duties of one person to another for the period of vacation, it is necessary to clarify the following points:
- To whom is the document sent? For example, the general director (full name).
- Registration date.
- The name of the document, for example, a memo on the assignment of duties during the holidays.
- The reason for the employee's replacement.
- Who will play the role of deputy.
- From whom the note is sent, position and signature this person.
The company may have its own established template for a memo. If it is not there, then the document will have a free form, but the above data will need to be included in it.
Download a sample memo to replace an absent employee -:
Sample Declaration of Consent
Additional work on the terms of combination for the period of absence of the main employee due to vacation is assigned only after obtaining the consent of the substitute person.
Because the employee should not mind taking on more responsibilities for a while.
A person can himself send an application in which he asks to entrust himself with the tasks of a vacationer.
In this case, you should specify the recipient, as well as the sender, specifying the positions and full name.
The text might look like this: “In view of the departure of Ivanov I.I., I ask for additional payment assign to me from 04.04.2019 to 04.15.2019 his duties as a secretary in the order of combining positions.
Be sure to put the date of application and your signature.
Important! The employer himself can send the employee a proposal to combine positions for the period of replacing the absent.
In this case, the person will be notified that it is possible to temporarily perform the duties of an employee. It will also tell you what the extra charge is. If the employee agrees to the proposal, he will need to put his signature.
Sample application for consent to combine positions and perform the duties of another person on vacation -:
sample order
There must be an order regarding the combination of duties. It should indicate the reasons why the employee is being replaced.
You also need to write down the dates when another employee will perform the duties of a vacation.
Indicates whether the person will be paid a co-payment, and also lists additional conditions.
It is necessary to indicate on what grounds the order is being created: a memo, personal consent, an additional agreement to the employment contract.
The following is the data of the director and those people with whom the decision was agreed. They must sign their name for the order to take effect. Also, the employee himself is required to familiarize himself with this document.
Download a sample order on the assignment of duties to vacation time -:
How to calculate the additional payment for combining positions?
The issue of surcharge for additional responsibilities assigned to the employee is handled by the organization that needed to arrange a combination or part-time job.
You can pay depending on the volume of tasks actually completed or calculate the money according to the hours worked.
For convenience, we present possible variant wages.
Calculation example
Terms:
- The store's cashier went on vacation for two weeks in February 2019.
- This period will be 10 business days.
- He has a salary of 15,120 rubles.
- For the period of vacation, the duties of a cashier are assigned to another employee on a part-time basis.
- For more work, he is entitled to an additional payment. For part-time work, the boss pays 50% of the salary.
Calculation:
- To calculate the amount of the additional payment for replacing this person during the vacation, the following is used: following formula: 15,120 x 50% / 18 working days in February = 420 rubles.
- For a day in February, a part-time worker will be paid 420 rubles. This means that in 10 working days it will be possible to receive 4,200 rubles.
- Additionally, personal income tax of 13% should be deducted, as well as accrued insurance premiums at a general rate of 30% plus 0.2% in the FSS for injuries.
According to this principle, the authorities can calculate monetary reward, which will be due for the combination of posts. The specific amount is pre-written in the documents, so the employee can first familiarize himself with the amount of the surcharge.
If the director goes to rest
The director of the organization has the right to go on vacation, but before that he must entrust his authority to another employee.
You can choose any employee of the company who has enough knowledge to complete the tasks. Often the company has a deputy director, and it is he who is assigned duties.
Tasks include signing contracts, documents and reports. It may also be necessary to represent the company in government bodies and courts.
To shift duties, the director will need to issue an order for the temporary performance of the tasks of the head by a substitute employee.
The document specifies the date, as well as the reason why the director temporarily leaves. Next, you will need to order to assign the duties of a director to another employee. A specific period is indicated when replacement is required. If desired, you can specify exactly what powers are transferred to the deputy.
Sample order on the assignment of duties of the General Director during the holidays -:
After the order comes into force, the director will be able to go on vacation. At this time, a replacement person will perform tasks instead of him.
It is best when he is a full-time deputy, because his duties for the period of the director's vacation will be spelled out in the employment contract. However, you can choose another suitable employee of the company.
Useful video
How to fill in the replacement of a temporarily absent employee under the Labor Code of the Russian Federation, how to transfer the performance of duties to another employee - see the video:
When an employee goes on vacation, it is necessary to select a replacement for him to perform duties during the period of absence. Management chooses a convenient method of substitution at its discretion. The main thing is to correctly draw up the documents and obtain the consent of the substitute person in writing.
Additional work is subject to an additional payment, the amount of which is determined by internal regulations companies.
When an employee goes on vacation, maternity leave or goes on a business trip, colleagues have more work to do. Sometimes the search for a replacement is like a detective story. In order for employees to replace the vacationer, arrange additional work in connection with the temporary performance of duties, part-time work, temporary transfer, or accept a new employee under a fixed-term employment contract. We have already talked about this in, and now let's pay attention to the advantages and disadvantages of each option.
Temporary performance of duties
On behalf of the employer, the employee can perform the duties of a temporarily absent colleague within the working day, shift simultaneously with the main work ( Art. 60.2 of the Labor Code of the Russian Federation). Moreover, both in the same and in another profession, position. But only if he agrees.
If an employee is ready to work for two, conclude an agreement with him on the temporary performance of duties (sample below). In the agreement, reflect the period during which the employee will perform additional work, the position, profession for which she is assigned, the content and volume of additional work, the amount of additional payment (art. 60.2, Labor Code of the Russian Federation).
The documents. An additional agreement to the employment contract, an order on the temporary performance of duties, an order on the termination of additional work (if the period of additional work in the agreement is indicated not by a specific date, but by an event).
It is safer to establish at least a small surcharge for someone who performs the duties of a temporarily absent employee at the same time as the main job ( par. 5 part one of Art. 21, Art. 151 TC RF).
Pros. If in job description, the employment contract to include a clause stating that the employee performs the duties of a temporarily absent colleague in such and such a position, this is included in labor function. For such a combination, you do not need to pay extra separately. You can register the performance of the duties of a temporarily absent employee for any period.
To cancel the additional work order ahead of time, it is enough to notify the employee three working days (part four of Art. 60.2 of the Labor Code of the Russian Federation). You don't need to get his consent.
Minuses. The additional amount of work must be calculated so that the employee can perform it without prejudice to the main work. Can't install probation (Art. 70 of the Labor Code of the Russian Federation). An employee may refuse to perform additional work at any time by giving three working days' notice ( part four of Art. 60.2 of the Labor Code of the Russian Federation).
Ekaterina PROKHOROVA,lawyer, expert labor law, Chief Editor magazine "Personnel business"
Check if the qualifications of the employee correspond to the assigned work
Before assigning an employee to perform the duties of a temporarily absent colleague, check his qualifications. For some categories, the law establishes requirements for education and experience (chief accountant in PJSC, doctors, teachers, etc.). Make sure that the additional work does not interfere with the fulfillment of the main duties under the employment contract. There are no restrictions in the law on the volume, content and types of additional work for one employee. But avoid overloading the employee - this will affect the quality of work.
Part-time, fixed-term employment contract
When part-time, the employee performs other regular paid work in free time from work with the same or another employer part one Art. 60.1, Art. 282 TC RF). To entrust the work of a vacationer internal part-time, conclude a fixed-term employment contract with him for the time while the main employee is absent ( par. 2 part one of Art. 59, Art. 79 TC RF). To perform the duties of a temporarily absent employee under a fixed-term employment contract can and new employee for which this work will be the main or part-time job.
Formulate in a fixed-term employment contract the date or event at which it expires. For example, "until the end study leave main worker. If you do not indicate the duration of the employment contract, it is recognized as open-ended ( Art. 58 Labor Code of the Russian Federation).
The documents. A fixed-term employment contract, an order for employment according to a unified or other model approved by the organization, employment history, employee's personal card.
Pros. It is permissible to include a test condition ( Art. 70 of the Labor Code of the Russian Federation). A part-time worker can set any length of working time, subject to restrictions ( Art. 284 of the Labor Code of the Russian Federation). In general, no more than four hours a day. On days when the employee is free from the performance of duties at the main place of work, he has the right to work part-time full-time (shift).
In a fixed-term employment contract, you must indicate the period for which it is concluded, and the circumstances or reasons that made it possible to formalize the employment relationship for certain period (par. four part two of Art. 57 of the Labor Code of the Russian Federation, letter of Rostrud dated November 30, 2009 No. 3523-6-1).
The term of the employment contract, which is concluded for the duration of the performance of the duties of an absent employee, expires as soon as the main employee returns to work, at least for a part-time ( Art. 79 Labor Code of the Russian Federation). An employer dismisses a temporary employee, regardless of illness or pregnancy, if it is impossible to transfer a woman to another job before the end of pregnancy ( part three of Art. 261 of the Labor Code of the Russian Federation). It is not necessary to warn a temporary employee about dismissal in three days.
Minuses. A separate employment contract is concluded with a part-time worker. The salary of an internal part-time worker is considered separately under two employment contracts.
If the part-time job is internal, you need to separately take into account the time that the employee of the organization uses for the main job and for part-time work ( Art. 284 of the Labor Code of the Russian Federation). Part-time working hours should not coincide with the period of working hours for the main job. For example, when the work schedule of the main employee and part-time employee is from 9.00 to 18.00, part-time work will not work.
Example
Marina M., a designer, went on maternity leave and then on parental leave. In her place, under a fixed-term employment contract, a new employee, Svetlana N., was accepted. However, the temporary employee also left for maternity leave. The personnel officer accepted another employee under a fixed-term employment contract. In the contract and in the order, she indicated that he was accepted for the period of absence of the temporary worker Novikova Svetlana Petrovna, but before the main employee Mitusova Marina Aleksandrovna went to work (sample below). And she formulated the basis for terminating the contract as follows: “Until the start of work by Mitusova Marina Alexandrovna or Novikova Svetlana Petrovna.”
Download and print a sample
Temporary transfer
By written agreement of the parties, an employee of an organization performing similar functions can be temporarily transferred to the position of an absent employee before he returns to work ( Art. 72.2 of the Labor Code of the Russian Federation). Then he will perform duties only in the position to which he has been temporarily transferred. The employee must agree to the transfer and have no contraindications for health reasons.
The documents. Additional agreement to the employment contract on temporary transfer to another job, order on temporary transfer.
Pros. The employee will be able to perform the duties of a temporarily absent employee in full.
Minuses. When temporarily transferring to another job, you need to look for someone who will perform the duties of the position of the transferred employee. If the term of the transfer has expired, and the employee is not provided with the previous job and he continues to work in a new place, then the condition on the temporary nature of the transfer becomes invalid. The transfer is considered permanent. It is safer to issue an order to end the temporary transfer.
Example
The head of the HR department, Irina V., went on vacation from August 8 to 21, 2016. Taisiya Z. was temporarily transferred to her place from the position of HR manager. The head signed an agreement with Taisia on new conditions for an employment contract for the period from August 8 to 21, and issued an order. On August 22, when Irina V. returned from vacation, Taisiya returned to her job as a personnel manager. If on August 22, Taisiya continued to work as the head of the personnel department, the condition for a temporary transfer would lose force and the transfer would become permanent from August 8. And the employer no longer has the right to transfer her to her previous job without the consent of Taisiya.
To choose the option to replace a temporarily absent employee, consider the replacement period, the amount of work, the ability and willingness of staff to perform additional work. If the volume of additional work is large, accept a new employee on a fixed-term employment contract. If you do not want to take a third-party specialist, arrange an internal transfer, an internal part-time job.
When it is obvious that the employee will successfully cope with his direct work, and with the additional, stop at the temporary duty. This method has less organizational complexity. If necessary, you can distribute the duties of a temporarily absent employee among several employees. For example, to send one managerial function, and the other - the direct execution of work tasks. Labor Code it does not prohibit. As soon as the period of temporary replacement ends, the obligations associated with commissioning additional work will cease (
Everyone should rest. But the departure of an employee on vacation should not disrupt the normal course of work of the organization. Therefore, while one is resting, the other performs all or part of his duties. How to arrange and pay for additional work?
When substitution is a combination
V.A. Vasilyeva, Lipetsk
In our organization Chief Engineer during the tenure of the leader annual leave performs his duties along with his own. What is it: substitution or combination?
: In the Labor Code of the Russian Federation, substitution is understood as a transfer to replace a temporarily absent employee. In this case, the employee is released from his work for the duration of the performance of the duties of another employee during his temporary absence in case of illness, vacation, business trip. Payment upon transfer is made according to the work performed. Art. 72.2 of the Labor Code of the Russian Federation.
TELLING THE MANAGER
One employee can be assigned performance of duties of several absent employees at once Art. 60.2 of the Labor Code of the Russian Federation.
In your case, we are talking about substitution in the order of combination. That is, the employee during the working day, along with his official duties, performs the duties of the position of a temporarily absent employee and Art. 60.2 of the Labor Code of the Russian Federation. For the combination, the employee needs to pay extra. The amount of the additional payment is determined by agreement with the employee, taking into account the volume or content of the additional work assigned to him. At the same time, the Labor Code of the Russian Federation does not establish any minimum or maximum amount of such an additional payment. Art. 151 Labor Code of the Russian Federation.
Working two shifts in a row is not a combination
E.A. Magina, Tver
Our organization has two shifts. One employee goes on vacation in July. Can we entrust his work in the order of combination to his replacement for this time?
A: No, you can't do that. Firstly, this is not a combination, since the performance of the duties of an absent employee is supposed to be performed not during his working day, but at the end of it and Art. 60.2 of the Labor Code of the Russian Federation. Secondly, work for two shifts in a row is prohibited and Art. 103 of the Labor Code of the Russian Federation.
Substitution on a non-working day according to the schedule is work on a day off
R.P. Sabinina, Penza
In our store, salespeople work on a week-by-week schedule. In June, one of them went on vacation, the other works for him during his week and his too. How to correctly calculate the amount of the replacement supplement for the second?
: This is not a substitution, because the worker does work for another worker on his days off. Moreover, this is not prohibited if the employee agrees to Art. 113 of the Labor Code of the Russian Federation. But since this is work on the weekend, then you need to pay for it at least twice the size e Art. 153 of the Labor Code of the Russian Federation.
The director cannot temporarily transfer to himself the right of a second signature
IN. Kravets, Samara
The director wants to distribute his duties during the vacation of the chief accountant as follows: he himself will sign financial documents for the chief accountant, and the rest of the duties will be performed by an ordinary accountant. How to arrange it correctly?
: As far as we understand, your director has the right of the first signature, and the chief accountant has the right of the second signature and pp. 7.5, 7.6 Instructions of the Central Bank dated September 14, 2006 No. 28-I. At the same time, you cannot transfer to the director the right to sign financial documents for the chief accountant during his vacation. Therefore, during the vacation of the chief accountant, it is necessary to issue a new card at the bank, where the right of the second signature is transferred to another employee.
TELLING THE MANAGER
One employee of an organization cannot have simultaneously the rights of the first and second signature and clause 7.9 of Instructions of the Central Bank dated September 14, 2006 No. 28-I.
And with the accountant who will perform the rest of the duties of the chief accountant, you need to conclude an additional agreement to the employment contract, in which to establish an additional payment for combining articles 60, 60.2, 151 of the Labor Code of the Russian Federation. After that, it is necessary to issue an order on vesting him with the duties of a chief accountant, with the exception of the right to sign financial documents.
A replacement order is needed if the head does not have a deputy
A.N. Mironov, Kostroma
Is it necessary to issue an order to transfer the powers of the CEO for the duration of the vacation, if we have a bunch of employees who, by proxy, sign documents for the CEO?
: Yes, if your organization does not have the position of Deputy General Director.
Giving an employee the right to sign documents does not indicate that he, in the absence of the director, exercises his authority to manage the organization.
That's why CEO must appoint one of the employees by order to exercise his powers.
If the chief accountant performs the duties of a cashier, you need to issue a combination
EAT. Radko, Krasnodar
The cashier is on vacation. At this time, he will be replaced Chief Accountant, whose duties do not include replacing the cashier. How to make a replacement in this case?
: During the vacation of the cashier you need:
- conclude with the chief accountant:
An additional agreement to the employment contract on the performance of the duties of a cashier, in which an additional payment should be established, and, if you consider it necessary, include a condition on full liability and articles 60, 60.2, 151 of the Labor Code of the Russian Federation;
Agreement on full liability and p. 2 h. 1 art. 243, art. 244 of the Labor Code of the Russian Federation;
- sign an order with the head on combining the position of cashier as the chief accountant.
Before transferring cases from the cashier to the chief accountant for accounting, you need to take an inventory of the cash desk paragraph 2 of Art. 12 of the Law of November 21, 1996 No. 129-FZ.
Deputy chief accountant can not pay extra for combining
L.Yu. Abashkina, Belgorod
The employment contract with the Deputy Chief Accountant states that he performs the duties of the Chief Accountant during his temporary absence. In the employment contract itself and in internal documents The company does not provide any additional payment for this for the deputy. Can we not pay extra to the deputy, taking into account the fact that the volume of his work during the vacation of the chief accountant increases significantly? Are we doing the right thing by not issuing orders to assign the duties of the chief accountant to his deputy during the holidays?
: The temporary performance of the duties of the chief accountant is included in the terms of reference of his deputy, which means that it has already been taken into account when setting his salary and Letter of the Ministry of Health and Social Development of March 12, 2012 No. 22-2-897. Therefore, the deputy can not pay extra for the combination. Although if the amount of work during the vacation of the chief accountant increases significantly, then you can set additional payments from Art. 151 Labor Code of the Russian Federation.
You are doing the right thing by not issuing an order for the deputy chief accountant, because he automatically performs the duties of his boss during his vacation.
If during the period of temporary absence of the chief accountant, the deputy has the right to sign financial and source documents, invoices, etc., then the chief accountant must issue a power of attorney to his deputy Art. 185 of the Civil Code of the Russian Federation.
The boss can be paid extra for the performance of the duties of a subordinate
P.A. Grigorieva, Yaroslavl
Is it possible to make an additional payment to the boss who performs the duties of his subordinate who is on vacation?
: The boss is the same worker as everyone else. Therefore, the issue of establishing an additional payment to the boss for the performance of the duties of a subordinate during the vacation is decided by agreement. Art. 151 Labor Code of the Russian Federation. Moreover, it is not currently prohibited by law. sub. "a" paragraph 15 of the Decree of the Council of Ministers of the USSR dated 04.12.81 No. 1145 (lost force on 10.03.2009 due to the adoption of Government Decree dated 10.03.2009 No. 216).
You can set any procedure for determining the amount of additional payment for combination
L.B. Kobzeva, Bryansk
The worker-pieceworker, along with his work, also performed the work of an employee on a salary who was on vacation. How to pay him extra work?
: There are no rules in the Labor Code of the Russian Federation for determining the amount of additional payment for combining Art. 151 Labor Code of the Russian Federation. Therefore, by agreement with the pieceworker, you can set the amount of additional payment, taking into account the amount of work performed, for example, in a fixed amount or as a percentage of the salary of the replacement worker.
The amount of additional payment to a part-time worker is not limited by his salary
Yu.I. Chashkin, Ivanovo
Our organization has an external part-time worker. By order, he, in combination, replaced the absent main employee for 10 working days in June. The salary of a part-time worker at the rate of half the salary is 5500 rubles. Salary for a combined position - 14,000 rubles. How to correctly calculate his surcharge: from the full salary or from half (since this is a part-time job), if the size of the surcharge is set at 50% of the salary for the combined position?
: The fact that a part-time worker, taking into account the hours worked, receives half of the salary for his main job, has nothing to do with the size of the additional payment for combining. Therefore, if the amount of the surcharge is set as a percentage of the salary for the combined position, then the surcharge must be calculated from the full salary of the absent employee.
STEP 1. Calculate the amount of the supplement per day: 14,000 rubles. x 50% / 20 days (number of working days in June according to the production calendar) = 350 rubles.
STEP 2. Determine the amount of additional payment for 10 working days: 350 rubles. x 10 days = 3500 rubles.
STEP 3. Determine the salary of a part-time worker for June, taking into account the surcharge: 5500 rubles. + 3500 rub. = 9000 rubles.