The employee went on vacation how to arrange a replacement. Rules for replacing a temporarily absent employee on vacation according to the Labor Code of the Russian Federation - samples of documents and important subtleties. When substitution is alignment

Substitution of a position during the vacation of the main employee

Usually, an employee's departure on vacation does not entail global problems for the company. However, when the leave is delayed for a long time, for example, a girl takes the main leave, and then leave for BiR and to care for a child born, or when the head of the organization goes on vacation, without whom the work, of course, will not get up, but can get stuck at certain points, to the employer you have to think about the need for replacement.

The Labor Code of the Russian Federation provided for 4 options for actions, if necessary, to temporarily replace an employee:

Temporary transfer of an employee of the organization to the position of an absent employee

In Art. 71 of the Labor Code of the Russian Federation says that the transfer is accompanied by a change for the worker of the labor function, structural unit or area where he worked.

Clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" dated March 17, 2004 No. 2 explains that the locality is considered changed if an employee starts working outside the settlement where he originally performed his labor function. A change in a structural unit will be a transfer to another branch, workshop, department, etc.

The change in the labor function involves the performance of work that was not previously performed by the workers. For example, when an accountant is temporarily transferred to the secretary's place, instead of organizing and maintaining accounting, he receives calls, organizes meetings, meetings, etc.

According to Art. 72.2 of the Labor Code of the Russian Federation, the translation is carried out:

Less than a month - without the consent of the employee, but only if the transfer is necessary due to an exceptional case that threatens the life of the population, and the qualifications of the temporary work are not lower than the qualifications of the employee. In accordance with clause 17 of the resolution of the Plenum of the Supreme Court No. 2, in the event of a dispute, the employer must prove the existence of such circumstances himself.
For a period of 1 month before the main employee leaves for work - without the consent of the transferred employee in the case when the transfer does not lead to a change in the terms of the employment contract. Otherwise, the employee's consent is required.

Part-time work

Part-time job is the performance by a part-time worker of labor functions in several jobs at different times.

Part-time work is possible within the same organization or with different employers - internal and external part-time jobs, respectively. Moreover, the number of such works is not limited, with the exception of special cases:

Limitation		Base
The work schedule of different jobs of a part-time worker should not overlap, even partially		Art. 282 of the Labor Code of the Russian Federation
Cannot be part-time workers	Minors
	Workers employed in jobs with hazardous, harmful working conditions
	The heads of the organization without the consent of the authorized body of the legal entity or the owner of the property of the legal entity	Art. 276 of the Labor Code of the Russian Federation
	Workers whose activities are directly related to the management of transport or ensuring the movement of transport - if the second job involves the performance of the same labor function. For such jobs, in accordance with the "List of jobs, professions, positions ...", approved. Decree of the Government of the Russian Federation of January 19, 2008 No. 16, includes, for example, the work: driver; transport dispatcher; onboard engineer; pilot, etc.	Art. 329 of the Labor Code of the Russian Federation
	Coaches and athletes - without the consent of both employers	Art. 348.7 of the Labor Code of the Russian Federation
	Employees of the prosecutor's office, except for combining with works of a pedagogical, scientific or creative orientation	Art. 4 of the Law "On the Prosecutor's Office of the Russian Federation" dated 01.17.1992 No. 2202-1
	Citizens doing alternative service	Art. 21 of the Law "On Alternative Civil Service" dated 25.07.2002 No. 113-FZ
	Lawyers, except for combination with pedagogical, scientific or creative work	Art. 2 of the law "On advocacy and the legal profession in the Russian Federation" dated May 31, 2002 No. 63-FZ

Note: in addition to restrictions on part-time jobs, certain features of the regulation of combined jobs are also applied to workers in certain industries. In particular, such features are established by the decree of the Ministry of Labor of the Russian Federation "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" dated June 30, 2003 No. 41.

Payment for replacement during the vacation of the main employee

Methods for calculating wages differ depending on the method of replacement:

Payment upon transfer

The labor of the transferred employee is paid taking into account the work performed, but below the amount of the average earnings at the previous job. This situation is enshrined in Part 4 of Art. 72.2 of the Labor Code of the Russian Federation, but it only applies to cases where replacement is necessary due to extraordinary circumstances.

Don't know your rights?

However, the clarification of the State Committee for Labor of the USSR "On the procedure for paying for temporary substitution" dated 12/29/1965 No. 30/39 is still in force, where it is indicated that the payment for the temporary assignment of the work duties of another employee is made up of the official salary and bonus based on the results of actually performed work. When the pay is lower than the average earnings at work prior to the temporary transfer, an additional payment of the missing amount is made. Applying the method of analogy, we get that the salary of the transferred employee will consist of the salary for the work performed and the bonus, if it is provided for in the organization, not less than the previous salary.

According to Art. 72.2 of the Labor Code of the Russian Federation, only with the consent of the worker, he can be transferred to work with a lower qualification. Obviously, the salary for such work will be lower, and in the case when the employee agreed to such a transfer without an additional condition on the amount of salary, it would be logical that he simultaneously agrees with the salary that is established for work of such qualifications.

Payment for part-time work and under a fixed-term employment contract

Part-time work and the hiring of a new temporary employee are accompanied by the conclusion of an employment contract, which determines, among other things, remuneration.

Payment when combined

For performing additional work for an absent employee in parallel with the main work under Art. 151 of the Labor Code of the Russian Federation, an additional payment is required, the amount of which is established by agreement between the worker and the employer.

The calculation is based on the content and scope of additional work. The letter of the Ministry of Health and Social Development of the Russian Federation "On the procedure for performing work ..." dated 12.03.2012 No. 22-2-897 contains a clarification that no additional payment is made if the employee's job description provides for the obligation to perform the duties of an employee with a similar job function during his absence.

Substitution registration

The procedure for filling out the replacement of an absent employee is provided for by the Labor Code of the Russian Federation:

The translation is formalized by a written agreement (Art. 72.2).
Combining employment involves the conclusion of an employment contract with each employer or several contracts with one employer (Art. 282).
An employee is temporarily hired instead of an employee who has gone on vacation or is absent for any other reason by concluding a fixed-term employment contract (Article 59).
Additional duties are imposed on the worker only with his consent. The letter of the Ministry of Health and Social Development of the Russian Federation No. 22-2-897 indicates that the imputation of additional duties to an employee is formalized by an additional agreement or negotiated when concluding an employment contract (Article 60.2 of the Labor Code).

After the conclusion of an employment contract or an additional agreement, a replacement order is drawn up, which is brought to the attention of the employee under his signature.

IMPORTANT! Part 3 of Art. 92 of the Constitution of the Russian Federation charged the Chairman of the Government of the Russian Federation to replace the President of the Russian Federation when the latter is unable to fill his position. According to Art. 25 of the Law "On the Constitutional Court of the Russian Federation" dated July 21, 1994 No. 1-FKZ, the chairman of the Constitutional Court, if necessary, must be replaced by his deputy.

Such norms were created for a reason. We will transfer them from the plane of public administration and project them onto the activities of any organization. Having determined in advance the procedure for replacing not all, but at least key positions of a legal entity, and specifying it, for example, in an employment contract or a separate local act, the manager will be able to avoid problems such as:

non-delimitation of responsibility in the absence of the employee who carried it;
loss of time, which will be spent on finding and assigning a temporary worker to the position of the absent;
difficulties in finding a temporary employee who is ready to work for a short time.

In this case, the order of replacement should be understood primarily as the definition of a person replacing an absent employee.

Nuances when registering an employee for a temporary replacement

When registering a replacement for an employee on vacation, it is necessary to take into account the following points:

1. A temporary transfer may become permanent, provided that the employee himself has not demanded the transfer back, and the employer has not provided him with the previous place (Article 72.2 of the Labor Code of the Russian Federation).

2. In case of shift work, the absent employee is replaced by his colleague, which is formalized as an additional obligation. It should be remembered that:

Art. 103 of the Labor Code of the Russian Federation, it is prohibited to work in a row in 2 shifts, therefore, when drawing up a shift schedule, it is impossible to allow consecutive shifts of substituted and substitute workers;
the shifts that the employee fulfills for the absent employee fall on his weekend, therefore, by virtue of Art. 153 of the Labor Code of the Russian Federation, the additional payment is at least double the wage of a substitute employee.

3. Sometimes it is required to fill in additional documents. For example, when filling the position of a cashier, the employer may require the substitute employee to conclude a liability agreement. Such a right is granted to the head in accordance with the list of positions and jobs replaced or performed by employees, with whom the employer can conclude written agreements on full individual or collective (team) liability, approved. Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85.

Let's summarize with the help of a table:

substitutions	Temporary transfer	Part-time job	Fixed-term employment contract	Additional responsibilities (combination)
Working hours	Working day exempted from work performed before transfer	Outside the working day at another job	Working day according to the working time schedule	During the working day, in parallel with the main duties
Registration		Labor contract		Supplementary agreement to the employment contract
		Under the terms of the employment contract		By agreement to the employment contract

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 is released from his main job to perform the duties of a temporarily absent employee.

Does the boss have the right to force me to look for a replacement?

Payment for labor during the period of replacement of the head should be made in accordance with the order that should be issued to the head before going on vacation. During the period of combining duties, increasing the volume of work, the deputy is entitled to an additional payment, the amount of which is established by agreement of the parties depending on the volume of additional functions. If an order or an additional agreement does not provide for an additional payment, then the remuneration for this period will remain the same.
Question number 2. The head of the enterprise went on another vacation. For the period of rest of the director, his duties were ordered by the order to fulfill the chief engineer. What is the correct way to classify it as a substitution or combination? Do I need to make a surcharge? Answer.
Since the chief engineer does not stop performing his professional duties during the replacement of the director, this should be regarded as a combination.

If you want to go on vacation, look for a replacement

However, these options for formalizing relations with employees have not yet been regulated by labor legislation, although they are 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. Advice When concluding fixed-term employment contracts, do not forget about the expiration date.

Important

An employment contract concluded for the duration of a certain job terminates upon completion of that job. An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee leaves for work. An employment contract entered into for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

I have to look for a replacement for the vacation

When I was a secretary, a "girl from the street" (the daughter of one of our employees) came to replace me, so she messed up SO in 2 weeks that I then sorted it out for 1.5 months, although she made a list of all the cases that she could redo ... She was just all purple. Therefore, my advice is to negotiate with the OK inspector, it is better when your own person replaces. IMHO I want to draw the attention of the moderator to this message, because: There is a notification sending ...

I love this forum !!! MARUSYA Russian Federation, city without roads # 5 June 2, 2009, 9:33 am Marisha, it often happens that they don't pay extra for a visit. It is a fact. Therefore, the stump is clear no one wants to take on unnecessary responsibilities. But here it is really only necessary to talk to the director, to hint at a surcharge.
Well, it's human to talk to the inspector.

Vote:

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 not to indicate a specific expiration date in labor contracts concluded for the period of vacation of an employee, but to accept the employee "for the period of temporary absence of a particular employee" (indicating the position, surname, name, patronymic of the employee being replaced). A global approach There are situations when it is not about replacing several employees, but about the need to attract a much larger number of people or close a very large front of work.

Leasing of personnel or outsourcing of works (services) can become a solution.

Is the employee obligated to look for a replacement during the vacation?

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. We'll do it on our own If you want to do it on your own and do not involve an outside employee for the period of vacation of this or that employee, then the following options will suit you. Combining professions (positions), expanding service areas, increasing the volume of work.

Vacation replacement

The general procedure for hiring an external part-time job is the same as when hiring an internal part-time job (employment contract, order, personal card). One difference: entry into the work book (again, at the request of the employee) is done at the place of your external part-time job. To do this, you will have to, if the employee asks, give him a copy of the employment order or a certificate (Art.

66 of the Labor Code of the Russian Federation). Fixed-term employment contract. For the period of the employee's vacation, so as not to disrupt the normal course of work in a specific 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 when hiring an employee for an indefinite period. But there are also some peculiarities.

Holidays: Who Should Work? all ways to replace an employee

Attention

It is impossible to provide the director with the opportunity to sign financial documents for himself and the chief accountant. Before the chief accountant goes on vacation, it is necessary to contact the servicing bank with an application to change the samples of signatures in the card and transfer the right of the second signature to another employee. In addition, it is necessary to conclude an additional agreement with the payroll accountant, reflecting the amount of the additional payment for combining.

Then you need to issue an order to transfer the responsibilities of the chief accountant to the payroll accountant and indicate that the right to sign financial documents is not transferred. Question number 5. How to properly document the replacement of the cashier's duties by the chief accountant for the period of his stay on the next vacation? Answer. Before giving the cashier the next vacation, you need to draw up an additional agreement to the employment contract with the employee who will replace him.

The procedure for replacing an employee on vacation

Therefore, it is necessary to make an additional payment to the employee. The amount of the additional payment is determined by agreement of the parties. The law does not regulate either the minimum or the maximum amount of such an additional payment. Question number 3. The shop assistant's schedule is "six days in six."

In September, one seller goes on vacation, the second will work for him after his shift. Is it legal? How to pay for replacement work? Answer. Such a case does not apply to employee replacement. This is weekend work.

With the consent of the employee, the law does not prohibit this. The main nuance is wages. Since this is a weekend job, the employer will have to pay at least double the amount. Question number 4. The chief accountant goes on vacation. Can the director receive the right of the second signature, and assign the rest of the responsibilities for this period to the payroll accountant? Answer.
No.
If an employee will perform additional duties in his profession (position), then this will be formalized as an increase in the volume of work. When registering a combination of professions, it is important to follow a certain procedure:

conclude an additional agreement to the employment contract with the obligatory reflection of the term for the performance of additional functions, their nature and the amount of additional payment;
draw up an order for combination. The form of the document is arbitrary, but it is necessary to reflect the following details - responsibilities, combination period, amount of additional payment;
receive an employee's signature on familiarization with the order.

The labor functions of an absent person can be transferred not to one, but distributed among several workers.

In this case, additional agreements to the employment contract should be concluded with each one, obligations and payment should be reflected in writing, and the employee's written consent should be obtained.

Who is looking for a replacement worker on vacation

home
Vacation accounting and calculation of vacation pay

The state guarantees its citizens not only the right to work, but also the annual right to rest. When an employee goes on vacation, you should delegate the performance of his professional duties to someone else. How to arrange a replacement for the employee's vacation in compliance with the requirements of the law? How to pay for the work of an employee who works both for himself and for a colleague who is resting? But what if the head of the organization or the chief accountant goes on vacation? How to arrange replacement of an employee? If an employee goes on vacation for several days, then there is usually no need to look for a replacement from the employer. But if the vacation is long, for example, maternity leave, then you should find a new employee or entrust someone with these duties.
And I don’t know to negotiate; Well, if without content, she would have solved her problems herself, she would have had to negotiate! I want to draw the attention of the moderator to this message, because: The notification is being sent ... Marina Russian Federation, St. Petersburg # 8 June 2, 2009, 9:46 am a lot of work? In the end, if you have OK, then it's their job to find a replacement for you - so go ahead and with the songs! I want to draw the attention of the moderator to this message, because: Sending a notification ... I love this forum !!! Elvira (guest) # 9 June 2, 2009, 10:06 Marina, the difficulty is that you have to be torn into two jobs - to sit for me in the waiting room (it just happened) and at the same time try to do your job.

In work activities, a situation may sometimes arise when an employee's departure for rest can damage the production process and the activities of the organization, and in order to minimize the associated losses, an employee may be replaced during vacation. At the same time, the Labor Code of the Russian Federation contains various standards that make it possible to replace an absent employee with another employee. All parties to the employment contract should know how to apply them, how the employee is replaced during maternity leave or leave at their own expense, and in other situations.

Substitution of an employee for a vacation - the main methods and features of the procedure

The current labor legislation provides for a fairly large number of ways, when using which it is possible to replace an employee during a vacation according to the Labor Code of the Russian Federation. At the same time, both the employer and employees should know about them - both those who go on vacation and their substitutes.

In general, there are five main methods and methods of substitution. Some involve outsourcing, while others use the organization's internal human resources. The types and methods of replacing workers during vacation include:

Temporary transfer of one of the employees of the organization to the workplace of the 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.
Combining positions within the company for one of the working employees. In such a situation, an employee who combines positions simultaneously performs not only his direct job duties, but also the work of a person who has gone on vacation for an additional fee or in accordance with the terms of the contract or local regulations of the enterprise.
Hiring a new software employee. Hiring a part-time worker allows you to minimize labor costs and simplify the registration of labor relations.
Hiring a new employee for. In this case, the employee is involved during the absence of the main employee, after which the employment contract is terminated.
Engaging third-party specialists from and companies. In such a situation, the employer enters into an outsourcing or outstaffing agreement, and his relationship with the employee is governed by the provisions of not labor, but civil legislation.

Replacing an employee in a responsible position may in some cases 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 it is stipulated by law. However, in most situations, the need to replace an employee on 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 on 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 draw up a vacation schedule and can initially regulate the possible temporary loss of one of the employees. However, in the case of a decree, which can last up to three years, or when there are grounds for unscheduled leave, the employer may be put in an uncomfortable position and he may need to replace the employee and urgently search for options to implement it.

Temporary transfer to replace the leave of one of the employees

If one of the employees has gone on his due rest, vacation replacement can be made 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 absentee's place, and in some situations the employer does not even have to ask the employee's consent to carry out 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:

In case of a temporary transfer, if it was not stipulated by an employment contract, the substitute employee must retain the 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 substitute employee in full. ...

In other situations, for a temporary transfer to another job, it is necessary to obtain the consent of the substitute employee himself. In this case, it is allowed to conclude an additional agreement to the employment contract, which may stipulate the conditions for calculating wages and providing other guarantees or benefits.

The advantages of such a substitution of an employee on vacation include the following features:

The ability to translate a specialist who knows exactly all the nuances of the enterprise.
Ease of finding a replacement with a large staff of workers.
The lowest cost in case of replacement by an employee with a similar salary.

The disadvantages are:

The need to provide a number of guarantees to the transferred employee.
The actual decrease in the labor resource of the enterprise, since as a result of it there will be a free place for the transferred employee, and he will not fulfill his duties at the main place of work.

Fixed-term employment contract to replace an employee on vacation

The legal standards of the Labor Code of the Russian Federation suggest the possibility of replacing an employee on vacation with an employee hired under a fixed-term employment contract. The legal regulation of 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 justification of the urgency of the labor relationship.

A fixed-term employment contract is automatically valid 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 one-by-one maternity leave.

The advantages of a fixed-term employment contract include the following factors and features:

Effective registration of relationships only for the period of vacation.
The possibility of setting different labor conditions than the employee who went on vacation had, including a lower wage level 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 provide a full package of labor guarantees to the hired employee.
Additional load on the HR department of the enterprise.
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.

Substitution of a part-time employee on vacation

Article 60.1 of the Labor Code of the Russian Federation, as well as Chapter 44 of the Labor Code of the Russian Federation, establish the possibility of part-time work - while it can be carried out both by one employer and by different ones. Combining jobs involves working in a place other than the main one, part-time. Often, part-time jobs are enough to completely replace an absent employee, or at least neutralize the negative consequences of his absence. However, such employment also has its advantages and disadvantages.

The pluses of part-time jobs to replace an employee for a period of vacation include:

Ease of finding job seekers. A larger number of applicants can agree to a part-time job than to a fixed-term contract.
Savings. Due to the fact that part-time work cannot exceed 50% of the main working time, the salary of the part-time worker is also reduced accordingly - for example, it can be lower than the minimum wage in proportion to the working time.
No need to draw up a work book. When working part-time, the employer is not obliged to demand from the employee a work book, and an entry in it can be made only at the request of the part-time worker himself.

The disadvantages of such a replacement for an absent worker 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 a part-time worker. In particular - granting him leave at the same time as at the main place of work, regardless of the schedule.

Combining positions when replacing an employee on vacation

The legislation in the provisions of Article 60.2 of the Labor Code of the Russian Federation provides for the possibility of imposing additional job responsibilities for combining work and performing the work of other employees on employees of the enterprise. At the same time, such a combination can be paid additionally or not require any additional payment - however, the key factor in combining positions is the employee's voluntary consent.

If an employee is initially charged with job duties and an employment contract to fill certain employees or certain positions, including without raising wages, then no additional agreements are required to be concluded with him.

The advantages of this approach include:

The ability to initially provide for the replacement of certain employees and positions with others.
Significant cost savings with little or no reduction in work efficiency.

The disadvantages of combining are:

Less motivation for replacement workers.
The need for a preliminary indication of 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 apply to organizations or private entrepreneurs that offer outsourcing and outstaffing services for personnel. 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 employee's immediate job responsibilities. 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 responsibilities.
No need to comply with labor guarantees and labor laws in relation to the deputy.

The disadvantages of such methods of labor organization are:

Higher cost in comparison with the work of a permanent employee.
Lack of leverage over the contractor within the framework of labor legislation.
Inability or risks when trying to use such techniques when accessing confidential information in accordance with official duties.

The vacation replacement supplement is an important aspect of the employee-employer relationship when it comes to replacement. There are many ways of replacement, and the amount of the co-payment will depend on which employer chooses. In this article, we will look at how vacationers are replaced and paid.

Fulfillment of duties of a temporarily absent employee

There are several ways to replace vacationers:

Combination. The employee combines his work and the work of a vacationer (Article 60.2 of the Labor Code of the Russian Federation).
Temporary transfer. The employee performs only the duties of a vacationer (Article 72.2 of the Labor Code of the Russian Federation).
Part-time job. An employee spends time free from his main job on vacationer work (Article 60.1 of the Labor Code of the Russian Federation).
Reception of a temporary employee. An employee is hired with the conclusion of a fixed-term contract for a period corresponding to the vacation period of the replaced employee (Article 59 of the Labor Code of the Russian Federation).

Expansion of duties or combination

If one employee goes on vacation, then another may be entrusted with performing his duties without relieving him of his main job. This work may correspond to his position or not (Article 60.2 of the Labor Code of the Russian Federation).

If additional work is similar to the work of an employee, this is an expansion of duties, if not, it is a combination.

It is not possible to oblige an employee to perform additional work. The employee must give written consent to this.

The additional payment for the performance of the duties of a temporarily absent employee is negotiated in an additional agreement and can be made for the actual work performed or calculated in proportion to the time worked (Article 151 of the Labor Code of the Russian Federation). In the order for combining, it is necessary to indicate how the replacement for the vacation time is paid and the period for which it is drawn up.

Each of the parties to the employment relationship may terminate them early. To do this, the initiator of the termination must notify the opposite party about this in writing 3 working days in advance.

But it may happen that no one receives a supplement for an absent employee. This happens when an employee replaces a colleague with similar job functions and his job description clearly stipulates such substitutions. In this case, the written consent of the employee is also not required.

Example

LLC "Kukushka". In January, the cashier goes on vacation for 14 calendar days (10 working days). During his vacation, a second accountant agreed to perform his duties.

An order is issued on the combination of positions. It states that the matching surcharge will be calculated in proportion to the hours worked.

The accountant's salary is 20,000 rubles.

The cashier's salary is 17,000 rubles.

We calculate the amount of payment for one working day: 17,000 rubles. / 17 days (number of working days in January) = 1000 rubles.

The surcharge for 10 working days was: 10 days. × 1000 rubles. = RUB 10,000

Total, in January, the accountant will receive a salary: 20,000 rubles. + RUB 10,000 = RUB 30,000

From this amount, you must withhold personal income tax (13%) and pay contributions.

Execution and payment of temporary transfers

It happens that the alignment cannot be performed. In this situation, the employer has the right to release the employee from his current duties and transfer him to the vacationer's workplace. The term of the transfer corresponds to the period of leave of the absent employee (Article 72.2 of the Labor Code of the Russian Federation).

Translation is possible only with the written consent of the employee. The terms of the transfer are indicated in the supplementary agreement to the employment contract. After that, a transfer order is issued.

What to look for when drawing it up, you will learn from the article "Order to transfer an employee to another position - a sample".

After completing the transfer for the employee, this workplace becomes the main one, and, therefore, he must go through all the instructions, like the rest of the employees.

In the work book, the transfer and return to the main place of work are not reflected in any way.

The additional payment for the performance of the duties of a temporarily absent employee occurs in the amount specified in the supplementary agreement.

Upon return to work of the main employee, it is necessary to send a notice to the substitute employee about the end of the transfer period and draw up an order to terminate the duties of the temporarily absent employee .

If the term for the transfer has expired, and the employee is not given the opportunity to return to his main job and he has not demanded his reinstatement, then the agreement on the temporary transfer becomes invalid. Temporary work becomes mainstream.

How a part-time job is formalized and paid

If the expansion of job responsibilities is impossible, the employer can arrange for a part-time job (Article 60.1 of the Labor Code of the Russian Federation).

Part-time job is the performance of additional duties in the free time from the main job. But this time is normalized and should not exceed half of the monthly norm of working time. It is the employer's responsibility to ensure that this norm is not exceeded. All other functions remain unchanged (Articles 282, 284 of the Labor Code of the Russian Federation). Internal part-time jobs are formalized by concluding a separate employment contract.

Remuneration for part-time workers can be made in proportion to the time worked or for the actual amount of work performed. This should be reflected in the employment contract.

Example

In the store "Lukoshko" in February, the cashier went on vacation for 14 calendar days (10 working days). During his vacation, a part-time job was issued in his place.

The salary for the combined position is 15,120 rubles.

We calculate the amount of payment for one working day: 15 120 rubles. × 50% / 18 days (number of working days in February) = 420 rubles.

The amount of payment for 10 working days was: 10 days. × 420 rubles. = RUB 4200

From this amount, you must withhold personal income tax (13%) and pay taxes to funds (30%).

Reception of a temporary employee

Another way to replace an employee who has gone on vacation is to hire a new employee in his place by concluding a fixed-term contract with him (Article 59 of the Labor Code of the Russian Federation).

This replacement method will be preferable for enterprises that have technically complex positions. And if you try to combine them, the whole work process may suffer. For example, it might be a large manufacturing facility. The technically sophisticated equipment adjuster goes on vacation. The advantages of hiring a temporary employee are obvious: the manager gets a full-fledged employee, and the work process does not stop.

Payment, conditions and term of work are negotiated and indicated when concluding a fixed-term employment contract.

Outcomes

If an employee goes on vacation at the enterprise, then in his place, most likely, it will be necessary to find a replacement. There are several options for such a replacement. Choose the one that is convenient for you. But whichever one you choose, remember that the obligation to pay additional payments for the performance of the duties of a temporarily absent employee cannot be neglected.