Regulations on replacing an employee during vacations. Vacation Substitution: The Right Approach. We attract labor force from outside

When an employee is granted leave of any kind and duration, the question arises before the management of the enterprise: how and with whom to replace him. Indeed, during the vacation period, the activity of the enterprise does not stop, which means that every vacationer needs to find a replacement. This applies to both ordinary employees and top officials of the enterprise. "ACCOUNTANT & LAW" will tell you about the ways of replacing workers going on vacation and some of the peculiarities associated with this.

There are at least three options for replacing a vacationer (s):

• hiring a temporary worker;
• temporary transfer of an employee of the enterprise to the position of an employee who has gone on vacation;
• temporary overlapping of posts.

The choice of one of the listed options remains with the employer and depends on many factors (the specifics of the enterprise, its organizational structure, financial capabilities, etc.).

At the same time, whichever option the employer chooses, he should keep in mind the following.

At first, it is necessary to pay attention to the fact that the employee who is entrusted with the temporary performance of the duties of a vacationer has the necessary professional training and qualifications.

Secondly, if the employee is a materially responsible person, then in the event of his leaving on vacation, an inventory of the inventory entrusted to him must be carried out (clause 3 of the Instruction for the inventory of fixed assets, intangible assets, inventory items, cash, documents and settlements , approved by the order of the Ministry of Finance of Ukraine dated 11.08.94, No. 69).

And now let us consider more specifically each of the above options for replacing an employee (workers) leaving on vacation.

Reception of a temporary worker

The issues of employment and work of temporary workers are regulated by separate norms and * .

So, according to Art. 1 of Decree No. 311, temporary workers are workers hired for a period of up to 2 months, and to replace temporarily absent workers who retain their place of work (position) - up to 4 months.

A fixed-term employment contract is concluded with a temporary worker (Article 23 of the Labor Code).

According to the requirements of this norm, a temporary contract with an employee is concluded only if labor relations cannot be established for an indefinite period, taking into account the nature of future work or the conditions for its performance and in other cases provided for by law.

In other words, the employer has all the legal grounds to accept a temporary worker instead of an employee who has gone on vacation and to conclude a fixed-term employment contract with him.

Decree No. 311 establishes the following requirements for temporary workers:

• the temporary worker must be advised of the length of his work. The condition on the temporary nature of the work must necessarily be contained in the order for employment. With this order, as in other cases, it is necessary to familiarize the newly hired employee with his signature;
• a temporary worker is not assigned a probationary period... Let us remind you that permanent employees can be assigned a probationary period of up to 3 months (in some cases up to 6 months), and for workers - for a period not exceeding 1 month;
• work books are kept for temporary workers in accordance with the generally established procedure(if the term for which the employment contract is concluded exceeds 5 days). Such conclusions are confirmed by the requirements of Art. 48 Labor Code and clause 1.1 .

When concluding a fixed-term employment contract with a temporary worker, the following should be borne in mind.

At first, In accordance with the requirements of Art. 39 of the Labor Code, an employee with whom a fixed-term employment contract has been concluded may terminate it ahead of schedule on his own initiative only for valid reasons. Such reasons, in particular, include: illness or disability that prevents the performance of work under the contract; moving to a new place of residence; transfer of a husband or wife to work in another locality; admission to an educational institution; the impossibility of living in a given area, confirmed by a medical certificate; pregnancy; caring for a child until he reaches the age of 14 or for a disabled child, etc.

Secondly, the employer, upon dismissal of a temporary worker, is obliged to provide him with unused vacation (or pay compensation). At the request of the employee in accordance with Art. 3 unused vacation can be granted even when its term fully or partially exceeds the term of the employment contract. In this case, the employment contract is extended until the end of the vacation. Temporary workers are granted leave in proportion to the time they have worked (Article 6 of Law No. 504).

Thirdly, at the end of the term of the contract, the employer is obliged to provide certain categories of temporary workers with other work. To such categories, according to Art. 184 Labor Code refers to pregnant women and women with children under the age of 3 years (if the child needs home care - until the age specified in the medical certificate, but not older than six years of age), single mothers with children under the age of 14 years old or a disabled child.

Remuneration for temporary workers is carried out in accordance with the generally established procedure.

In general, the dismissal of a temporary worker is carried out on the basis of Part 2 of Art. 36 of the Labor Code: in connection with the expiration of the term of the employment contract.

Temporary transfer of an employee

Transfer to another job is an assignment to an employee of work in a specialty, qualification or position not defined by a previously concluded labor contract (clause 31 ).

Temporary transfer of an employee to another, not stipulated by an employment contract, work is regulated by Art. 33 Labor Code.

In accordance with this provision, the temporary transfer of an employee to another job is allowed only upon his consent... In this case, the terms for which the translation is carried out are not established (not limited) by the current legislation.

Without agreement employee a transfer can be carried out subject to the simultaneous observance of three conditions:

• work is not contraindicated for an employee for health reasons;
• the transfer is due to the prevention or elimination of the consequences of natural disasters, epidemics, industrial accidents, etc .;
• the term of the transfer should not exceed one month.

In this case, the remuneration of such workers is carried out for the work performed. In any case, the amount of wages should not be lower than the average earnings at the previous job (workplace).

Temporary transfers are issued by order of the head of the enterprise, with which the employee must be familiarized with the signature. The basis for issuing an order may be a memo from the head of the relevant structural unit on the production need for a temporary transfer.

Based on the requirements of Instruction No. 58 (in particular, clauses 2.4 and 2.14), it can be concluded that an entry on a temporary transfer to another position during the replacement of the vacationer is not made in the work book.

Temporary combination of positions

When replacing workers who go on vacation, the temporary combination of professions (positions) has become very widespread.

In the context of the issue under consideration, combining positions is, in fact, the performance by an employee at the same enterprise, along with the main job (due to the employment contract), additional duties of a temporarily absent employee.

The procedure for remuneration for combining professions is regulated by Art. 105 Labor Code.

In accordance with the specified norm size of surcharges for combining professions (positions) or performing the duties of a temporarily absent employee are established under the conditions stipulated in the collective agreement(see also ).

In addition, when solving issues related to the replacement (combination) of positions, in accordance with must also be guided * .

According to this document, the temporary performance of the duties of an absent employee is assigned to another official by order of the head of the enterprise.

In this order, among other things, it is advisable to indicate the period of combination and the amount of payment (surcharge) for it.

Records on the temporary overlapping of positions in the work book are not entered.
____________
* In accordance with the Resolution of the VRU dated 12.09.91, No. 1545-XII, this document is valid on the territory of Ukraine insofar as it does not contradict the current legislation.

Andrey Krymov

• What are the payments for the vacation Time Work for the employee's vacation Order for the vacation Time Obligations for the vacation Time Agreement for the maternity leave Accountant for the vacation time Application for the maternity leave Position for the maternity leave Fixed-term contract for the vacation time For another employee’s vacation Leave for a while leave Temporarily during maternity leave Employee during maternity leave Vacation during the session Application for the employee's leave Maternity leave benefits Going to work during the vacation Employment contract for the maternity leave Fixed-term employment contract during the vacation Employee works during the maternity leave For vacation time of the main employee Application for dismissal during the vacation Employment contract for the vacation time of the employee Adopt an employee for the vacation time Work for the vacation time of the main employee
• Please, who should look for a replacement for the cleaning lady during her vacation
• The manager must look for a replacement during the holidays.
• Vacation application
• Vacation contract
• Employees on vacation
• Holiday pay
• Vacation employment contract

1. Please, who should look for a replacement for the cleaning lady during her vacation.

1.1. Any personnel matters should be handled by the employer. Leave is provided by employees on a schedule, i.e. the employer knows in advance who and when should go on vacation, and therefore must take all measures to find a temporary worker. It is impossible to refuse to grant leave to an employee on the grounds that the employee did not find a replacement for himself during the vacation.

2. The manager must look for a replacement during the holidays.

2.1. it is the manager's problem and not yours - who will perform your duties while you are on vacation.
and it is better to write without the included capslock - it is extremely inconvenient to read - in many forums they block such a message or do not answer at all.

2.2. Not spelled out anywhere. Is not obliged to.

3. I work as a secretary of the manager, I am going on an annual paid leave according to the schedule, for a couple of days, the personnel department announced to look for a replacement for the vacation. What should I do in this situation?

3.1. Dear Olga!
Let the employee of the personnel department give a link in which it is written that the employee is obliged to look for a replacement for himself during the next vacation.
You can write a memo to the manager describing your situation.
Good luck!

4. I have been working as a postman since August 21, 2018. I want to go on vacation, but I can't. The bosses say that she herself needs to find a replacement for the vacation. Is it legal?

4.1. You can go on your legal leave, while the requirement of the authorities is illegal to look for a replacement, they should not you.

5. Please, it is possible to defend the temporary teacher (who came to the place of the main one during his maternity leave)
1, 2 class was one teacher O.Yu .. Due to the departure on maternity leave O.Yu., the class was given to another teacher E.V .. teacher O.Yu. returns to work at school, put on our class. And the children are already accustomed to E.V .. graduation class. Can I leave the teacher who was replacing in the classroom? If so, what should be done to achieve this?

5.1. You can together - all parents write a request to the headmaster. You probably have a parent committee too. This is her prerogative. Also duplicate a similar petition to the education department.

6. I work at the company as a cleaner alone, there is no replacement. I'm going on vacation in a week. I work in another city and have no acquaintances. Please tell me who should be looking for a replacement for me on vacation.

6.1. The head of the organization in which you work should be looking for a replacement. This is not your problem.

6.2. Natalya, your leadership should deal with these problems.

6.3. The leadership should look for a replacement.

7. I work as a driver in the village council, at the moment I am on vacation. Does the Head of the Village Council have the right to hire the main driver to replace his brother as a driver on vacation?

7.1. In accordance with article 59 of the Labor Code of the Russian Federation, the chairman can conclude a fixed-term employment contract for the period of your vacation.
But, since the employment contract is concluded with a relative, there is a conflict of interest.
If I were the chairman, I would not hire my brother if he would report directly to him.
Why does it bother you so much? You're on vacation. Your place of work is retained. After the vacation, you will calmly go to work and continue to work on the same conditions.

8. The management of the company on vacation requires to look for a replacement with written consent. It is legal? The combination will not be paid. State enterprise.

8.1. You don't have to look for a replacement. The vacation schedule is compulsory for both the employee and the employer.

9. I work as a teacher of additional education and in internal reconciliation as a senior educator. Can the manager leave me to replace myself during my vacation?

9.1. The legislation itself is not against it. But this is an intra-organizational issue, and can be regulated by the internal documents of the organization, as well as by the decisions of the owner.

10. In the company, the employee went on parental leave. We accepted a new worker under a fixed-term employment contract, however, after a while (during the period of her fixed-term employment contract) she went on maternity leave. They found a replacement for her (mother of 2 minor children). But the main employee decides to quit. Please tell me who to transfer to the place of an employee who is quitting and who has an open-ended contract. The one who is on maternity leave, or who was taken the last? Thanks.

10.1. Transfer the last employee.

11. I am a teacher at a state university. Vacation is usually in summer. Forcibly, the leadership included in the selection committee in the summer. Therefore, he sent him on vacation in the winter. During my holidays, my classes were replaced by other members of the department. They said that after the vacation I would work out these replacements, since the employees had an overload. Please tell me which document to refer to - isn't it illegal ?! Thanks. Sincerely, Dmitri.

11.1. Dmitry, refer to the Labor Code of the Russian Federation, you are not obliged to work for someone for the time when you were on vacation. Vacation is presented for that, so that you do not work, and do not save someone's hours there.

12. Changing the name of the profession when nothing changes. Only the fact that the profession "driver" is absent from the lists of harmful and dangerous professions. And what about the question asked about calculating the time spent on vacation from the preferential length of service?

In any organization, a situation may arise when an employee is absent for a long time - is sick, is on vacation or a long business trip, is studying while away from work, etc. However, the work must be done. We will talk about the options for assigning the duties of a temporarily absent employee to another employee today: we will tell you how to formalize such a performance of duties, whether you need to make an entry in the work book, and answer the questions that arise along the way.

The Labor Code offers more than one option for fulfilling the duties of a temporarily absent employee:
- without exemption from work specified in the employment contract;
- temporary transfer;
- moving;
- part-time job;
- fixed-term employment contract.
Let's take a closer look at each of these options.

We use the internal resources of the organization

Combining or expanding service areas. Based on Art. 60.2 of the Labor Code of the Russian Federation, an employee may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment. If additional work will be carried out in another profession (position), it will be a combination, and if in the same profession (position), it will expand service areas, increase the volume of work.

At the same time, Art. 60.2 of the Labor Code of the Russian Federation makes a reservation that in order to fulfill the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another and in the same profession (position).

The period during which the employee will perform additional work, its content and volume are determined by the employer with the written consent of the employee and drawn up by an agreement. The same agreement also approves the amount of additional payment for additional work (Article 151 of the Labor Code of the Russian Federation) - either in a fixed amount or as a percentage of the salary (both for the main position and for the replaced one).

I would like to focus on paying for additional work. The Ministry of Health and Social Development, in its Letter dated 12.03.2012 N 22-2-897, explained that sometimes the performance of the duties of an absent specialist may not be paid. This is possible when the job descriptions of employees of certain categories provide for cases of performance of the duties of an absent specialist with a similar job function. In this case, the combination is part of the job function and is not payable.

Note. If the assigned work in another profession requires additional skills or education, assess whether the employee will be able to perform it without prejudice to his work, otherwise it is better to use another substitution option.

However, the author does not agree with this position, and here is why. Involvement in the temporary performance of duties in the position of an absent employee should in any case be carried out by the employer issuing an appropriate order (instruction), as required by Clarification of the State Committee for Labor of the USSR No. , whether the possibility of such involvement is indicated in the employment contract or job description of the employee. In addition, Art. 151 of the Labor Code of the Russian Federation, the establishment of an additional payment for the performance of additional work is also not made dependent on the presence or absence in the employment contract (job description) of an indication of the performance of the duties of an absent employee. Therefore, we believe that an employee for performing additional work is in any case entitled to an additional payment in the amount determined by the parties to the employment relationship.

An order is issued on the basis of the agreement. It might look like this:

Limited Liability Company "Vesna"

Order N 41
On assigning additional work in the order of combining positions

Due to the absence of the payroll accountant Anokhina V.L. due to advanced training on the basis of Art. 60.2 and 151 of the Labor Code of the Russian Federation

I order:
1. Instruct the senior accountant Volkova A.S. performing, during the established duration of the working day, along with the work specified in the employment contract, additional work as a payroll accountant for additional payment.
2. Install Volkova A.S. monthly additional payment for additional work in the order of combining positions in the amount of 12,000 rubles.
3. Determine the period of combining Volkova A.S. as a payroll accountant from 05/15/2013 to 07/19/2013.

Grounds: supplementary agreement of 05/14/2013 to the employment contract of 08/05/2009 N 9-08.

Director Medvedev / Medvedev A.D. /

Acquainted with the order:
accrual accountant
wages of Anokhin, 05/14/2013 / Anokhin V.L. /
senior accountant Volkova, 05/14/2013 / Volkova A.S. /

Remember that an employee has the right to early refuse to perform additional work, notifying the employer about this in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). The employer can also early cancel the order on its implementation, notifying the employee about it in the same time frame.

Temporary transfer. A transfer is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer (Article 72.1 of the Labor Code of the Russian Federation).

More specifically, the procedure for temporary transfers is defined in Art. 72.2 of the Labor Code of the Russian Federation. In particular, according to this provision, an employee can be temporarily transferred to another job with the same employer for up to one year. If a temporary transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, a place of work is retained, the period of such transfer may be more than a year (for example, for the period of parental leave for a child under the age of 1.5 years).

In any case, temporary transfer for the period of replacement of an absent employee is allowed only by agreement of the parties, concluded in writing.

The terms of the temporary transfer and its term are negotiated by the parties in a supplementary agreement to the employment contract. On the basis of such an agreement, a transfer order is issued. Recall that the unified forms of orders established by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 are not obligatory for use since 2013, therefore the order on the transfer can be issued in the form approved by the organization. At the same time, it is important to indicate in the order the nature of the transfer - temporary and as a basis provide the details of the transfer agreement - its date and number. With such an order, the employee must be familiarized with signature.

Note. If, at the end of the transfer period, the employee is not provided with the previous job, and he did not demand it and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.

Question: Is the employee's signature on the temporary transfer order sufficient for the transfer agreement to be considered reached?

No, not enough. A separate document is required - an agreement in which the parties on an equal basis will determine the conditions for the temporary transfer. It is such an agreement, signed by both parties to the employment relationship, that is the basis for issuing a transfer order.

Remember that if the employee's duties change during the transfer, then he must be familiarized with the new job description. The same applies to safety regulations (part 2 of article 225 of the Labor Code of the Russian Federation).
With regard to making an entry in the work book, let's say the following. Neither the Rules for maintaining and storing work books * (1), nor the Instructions for filling out work books * (2) provide for the entry into the work book of entries about a temporary transfer. In addition, Art. 66 of the Labor Code of the Russian Federation established that information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee are entered in the work book. Accordingly, there is no need to make a record of the temporary transfer.

The question often arises whether it is necessary to formalize the return of an employee to a permanent place. The Labor Code does not provide an answer to it. However, in order to avoid controversial situations, we recommend that you send the employee a notification of the main employee's departure to work, which is drawn up in any form. You can also issue an order to terminate the performance of temporary duties and return to the old position. It is compiled in any form.

Moving. Transfer can be used to replace a temporarily absent worker. It, unlike the transfer, does not require the consent of the employee, provided that it is carried out to another workplace, to another structural unit located in the same area, and this does not entail changes in the terms of the employment contract determined by the parties (Part 3 of Art. 72.1 of the Labor Code of the Russian Federation). Without the consent of the employee, you can also move to work on another mechanism or unit, but subject to the above conditions.

In order to find out if it is possible to move an employee, it is necessary to check the employment contract with him. Quite often, employers indicate as the place of work the name of the structural unit in which the employee will work, and meanwhile, in accordance with Art. 57 of the Labor Code of the Russian Federation, it is necessary to name a structural unit only if the employee is admitted to a branch, representative office or other separate unit located in another locality.

For your information. By virtue of clause 16 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", another locality is understood to mean an area outside the administrative-territorial boundaries of the corresponding settlement.

Thus, if a structural unit is indicated in the employee's employment contract, then it will not work to move it to another structural unit to replace a temporarily absent employee even without changing the position or job function - this will change the terms of the employment contract determined by the parties and will require the employee's consent.

We attract labor force from outside

If the responsibilities of the absent employee are extensive, and other employees of the company are heavily loaded with work so as not to disrupt the production process, the employer may decide to involve outside workers to replace the temporarily absent employee.

Part-time job. This option for fulfilling the duties of an absent employee is suitable not only for an outside employee, but also for employees who are already working in the company.

So, Art. 60.1 of the Labor Code of the Russian Federation allows you to replace an absent employee for a certain time by issuing a part-time job. Article 282 of the Labor Code of the Russian Federation defines part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from the main job. Moreover, such an employment contract can be concluded both with the same employer (internal part-time job) and with another employer (external part-time job).

An important nuance of part-time employment is not only the presence of a separate employment contract, but also the duration of working hours. So, by virtue of Art. 284 of the Labor Code of the Russian Federation, the duration of working hours for such work should not exceed four hours a day. On days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift).

Based on Art. 285 of the Labor Code of the Russian Federation, the remuneration of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract. When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made according to the final results for the amount of work actually performed.

For registration of a combination of jobs, the employee submits the documents specified in Art. 65 of the Labor Code of the Russian Federation, and a certificate of the nature and conditions of work at the main place of work (Article 283 of the Labor Code of the Russian Federation) - when hiring for hard work, work with harmful and (or) dangerous working conditions. One caveat: the part-time worker does not present a work book, since all entries in it are made by the employer at the main place of work. Therefore, if an employee wants to see an entry in the work book about part-time work, then he must submit a document confirming the part-time job at the main place of work (Article 66 of the Labor Code of the Russian Federation).

Then an employment contract is concluded, in which it must be indicated that the work is part-time. And, of course, other actions are taken to register for a job: an order for admission is issued, a personal card is started (even for an internal part-time employee).

Fixed-term employment contract. If other options for replacing the absent employee did not fit, you can use another one - the conclusion of a fixed-term employment contract with a new employee. However, in this case, the requirements of Art. 58 of the Labor Code of the Russian Federation, on the basis of which a fixed-term employment contract is concluded when labor relations cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its performance, namely in the cases provided for in Part 1 of Art. 59 of the Labor Code of the Russian Federation. For our situation, the basis specified in para. 2 hours 1 of this article: for the duration of the duties of the absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulations, employment contract, the place of work is retained.

Note! Based on Art. 57 of the Labor Code of the Russian Federation, when concluding a fixed-term employment contract, it is necessary to indicate the start date of work, as well as the period of its validity and the circumstances (reasons) that served as the basis for its conclusion. If this is not done, the contract will be considered concluded for an indefinite period.

When formulating a condition on the term of an employment contract, it is advisable to indicate not only the duration of the contract, but also the date of its termination, since in the future this will help to avoid disputes when the contract is terminated due to the end of its term. For example, the wording may be as follows: “This contract is concluded for the period of training of the accountant RZ Sorokina. from 04.03.2013 to 04.06.2013 ".

But what to do when the end date of work, and the very duration of the contract, is problematic to determine, for example, when replacing an employee for a period of parental leave? In this case, the wording may be as follows: “This agreement was concluded for the period of vacation Kalmykova I.D. for caring for a child under the age of three ”.

With such a replacement for the absent, the same documents are drawn up as when hiring an ordinary employee: an employment contract, an order for hiring, a personal card. In addition, you need to make a record of admission in the work book, and without indicating that the employee is hired for a certain period. This is confirmed by the clarifications of Rostrud in the Letter dated 06.04.2010 N 937-6-1.

Note that an employment contract concluded for the duration of the performance of the duties of an absent employee terminates with his return to work (Article 79 of the Labor Code of the Russian Federation).

Finally

When the head of the organization is temporarily absent, quite often a person is appointed to perform his duties. Yes, and in documents you can often see a signature marked "acting". Let's say right away that the position "acting" does not exist. However, for some time to appoint "acting" all the same it is possible.

If the duties will be performed by a person whose job description or labor contract contains a clause on the performance of the duties of a manager or another employee, an appropriate order must be issued for this clause to take effect (a substitution clause in an employment contract means that the employee is obliged to fulfill it only if, when another employee will be absent).

If there is no substitution obligation, it turns out that the employee agreed, along with his official duties, to perform additional work in the position of the absent employee, that is, it is necessary to apply Art. 60.2 of the Labor Code of the Russian Federation and issue a combination.

In any of these cases, the employee replacing the absent employee must be paid a supplement.

T.V. Shadrina,
journal expert
"Remuneration: accounting and taxation"

23.08.2019

When going on vacation, a replacement may be required during the absence. The responsibilities of the person who went on vacation will be performed by another employee.

There are different ways of filling: 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?

The bosses can use any convenient way to replace vacationers.

Important! There are several options for replacing an employee, and each has its own characteristics. The employer can choose any method that is convenient for the company.

Ways to replace an absent employee for a while:

• Combining positions. In this case, the employee will combine the duties of a vacationer along with his usual work.
• Part-time job. A person will spend his free time on the tasks of a resting employee. Let's say 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 of a temporary worker. A fixed-term contract is concluded for the period of a citizen's vacation. To perform the duties of a temporarily absent employee, an outsider is involved.

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 service note for the execution of the main employee's affairs

A memo on the performance of the duties of the absent and their assignment to another person is not used in all cases.

However, it is a convenient document that is used internally.

There are no specific requirements for the compilation of a service tool, however, when writing it, 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, the following points should be clarified:

1. To whom the document is sent. Let's say the CEO (full name).
2. Date of registration.
3. The title of the document, for example, a memo on the assignment of responsibilities during the vacation.
4. Reason for replacing an employee.
5. Who will play the role of deputy.
6. From whom the note is sent, the position and signature of the 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, however, the above data will need to be included in it.

Download a sample memo on the replacement of an absent employee -:

Sample Statement of Consent

Additional work on the terms of combination for the period of absence of the main employee in connection with the vacation is assigned only after receiving the consent of the substitute.

Because the employee should not mind taking on more responsibilities for a while.

A person can send a statement himself, in which he asks to assume the tasks of the vacationer.

In this case, you should indicate the recipient, as well as the sender, specifying positions and full name.

The text might look like this: "In view of Ivanov's leave on vacation, I would ask you to assign me from 04.04.2019 to 15.04.2019 his duties as a secretary in the order of combining posts for an additional payment."

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 replacement of the absent one.

In this case, the person will be notified that it is possible to temporarily perform the duties of an employee. They will also indicate what surcharge is due for this. If the employee agrees to the offer, he will need to sign.

A sample statement of consent to combine positions and perform the duties of another person on vacation -:

Sample order

There must be an order on the combination of duties. It should indicate the reasons for the replacement of the employee.

You also need to write down the dates when the other employee will perform the duties of the vacationer.

It is indicated whether the person will be paid a surcharge, and additional conditions are listed.

It is necessary to indicate on what grounds the order is created: a memo, personal consent, an additional agreement to the employment contract.

Further, the data of the director and those people with whom the decision was agreed are indicated. They must sign 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 during the vacation -:

How to calculate the additional payment for the combination of positions?

The issue of additional payments for additional duties imposed on the employee is dealt with by the organization, which needed to arrange a combination or part-time job.

You can pay depending on the amount of tasks actually completed, or you can calculate the money based on the time worked.

For convenience, we present a possible payment option.

Calculation example

Conditions:

• At the store, the 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 the cashier are assigned to another employee in a part-time job.
• For a larger amount of work, he is entitled to a surcharge. For part-time work, the administration pays 50% of the salary.

Payment:

1. To calculate the amount of surcharge for replacing this person on vacation, the following formula is used: 15 120 x 50% / 18 working days in February = 420 rubles.
2. For a day in February, a part-time employee will be paid 420 rubles. This means that it will be possible to receive 4,200 rubles in 10 working days.
3. Additionally, personal income tax should be deducted 13%, and insurance premiums should be charged at a general rate of 30% plus 0.2% in the Social Insurance Fund for injuries.

According to this principle, the bosses can calculate the monetary remuneration that will be due for combining positions. The specific amount is prescribed in advance in the documents, so the employee can preliminarily familiarize himself with the amount of the additional payment.

If the director leaves to rest

The director of the organization has the right to go on vacation, but before that he must delegate his powers 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 on him that responsibilities are assigned.

Tasks include signing contracts, documents and reporting. You may also need to represent the company before government agencies and courts.

To shift responsibilities, the director will need to issue an order on the temporary execution of the manager's tasks by a substitute employee.

The document states the date, as well as the reason why the director is temporarily leaving. Next, you need to order to assign the duties of a director to another employee. Specifies the specific period when replacement is required. If you wish, you can specify exactly what powers are transferred to the deputy.

A sample order on the assignment of the duties of the General Director during the vacation -:

After the order comes into force, the director will be able to go on vacation. At this time, a substitute 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 arrange the replacement of a temporarily absent employee according to 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 find a replacement for him to fulfill his duties during the absence. The management chooses a convenient substitution method at its own discretion. The main thing is to correctly draw up the documents and get the consent of the substitute in writing.

Additional work is subject to an additional payment, the amount of which is determined by the internal regulations of the company.

Natalia SERGEEVA
Head of the Legal Department, CJSC Dormashinvest

Summer divides people into those who leave on vacation and those who replace them. Who should be entrusted with the duties of the absent workers? How to formalize this employment relationship? In each case, you should select the option that meets the legal requirements. 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, in one way or another, touched upon the topic of replacing temporarily absent workers. Today we will collect all possible methods together and talk about their features.

Let's do it on our own

If you want to do it on your own and not involve an outside employee for the period of vacation of this or that employee, then the following options are suitable for you.

Combining professions (positions), expanding service areas, increasing the volume of work. To fulfill 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 job determined by the employment contract (Art. 60 2 of the Labor Code of the Russian Federation).

If the work is entrusted in another profession (position), then it will be carried out in the order of combining professions (positions). If for the same profession (position) by expanding service areas, increasing the amount of work.

In all these cases, the order of actions of the personnel officer should be as follows (consider using the example of combination):

• conclude an additional agreement with the employee to the employment contract with a description of the conditions for combining (the period during which the employee will perform additional work, its content and volume, the amount of additional payment are mandatory);
• issue a combination order (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 to combine against signature *.

In order to combine professions (positions), the duties of a temporarily absent employee can be distributed among several employees. The content and amount of additional work for each specific employee is determined by the employer with the written consent of each specific employee (fixed in additional agreements to labor contracts). Taking into account the content and volume of additional work, the agreement of the parties determines the amount of the additional payment. 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 freed from his main job to perform the duties of a temporarily absent employee. An employee can be temporarily transferred to another job only by agreement of the parties, concluded in writing. The exception is the cases provided for in parts two and three of Art. 72 2 of the Labor Code of the Russian Federation, such as an industrial accident, fire, etc. (that is, due to production needs).

By agreement of the parties, temporary transfer to another job to replace a temporarily absent employee is allowed until this employee leaves for work. For its registration it is necessary:

• conclude an additional agreement with the employee to the employment contract;
• issue an order in accordance with the unified form No. T-5 **;
• familiarize the employee with it against signature ***.

Due to the operational necessity, 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 a temporarily absent employee is caused by extraordinary circumstances (part two of article 72 2 of the Labor Code of the Russian Federation). In this case, the employee is paid for the work performed, but not lower than the average earnings for the previous job. To arrange a translation for production needs, an order is also issued in the form No. T-5, with which the employee must be familiarized with signature.

In order to avoid negative situations, it is necessary to take a responsible approach to filling out the replacement of the head of the organization and financially responsible employees ****.

* For more details on combining professions (positions), see the thematic supplement to the journal "Personnel business" No. 3, 2008 "All about combining and combining".

*** We provided samples of documents in No. 8, 2007. They can also be viewed in the electronic library on the website www. archive-online. ru.

**** See the article "Responsible employee for a short time: how to arrange a replacement", No. 7, 2006.

***** In more detail about the internal part-time job and its differences from combination, we told in the thematic supplement to the journal "Personnel business" No. 3, 2008 "All about part-time and combination".