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 entrust the execution of it 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 on vacation? But what if the head of the organization goes on vacation or Chief Accountant?

How to apply for a replacement worker?

If an employee goes on vacation for several days, then the employer usually does not need to look for a replacement. But if the leave is long, for example, maternity leave, then you should find a new employee or entrust someone with these duties.

The employer can do the following:

Replacing an employee through hiring under a fixed-term employment contract

One of the options for replacing an employee during a vacation is. Thus, the organization can accept an employee from outside for execution job duties an employee who is on vacation. But a fixed-term employment contract can be appealed in court upon subsequent dismissal. temporary worker, if no evidence is provided of the main work. If the agreement says that the employee is accepted before another employee returns from vacation, then he can be fired after this event occurs. Termination of the employment contract before the end of the period specified in it will be illegal and may be appealed in court. In this case, the employer will have to pay the time of forced absenteeism for the entire period while litigation lasts. One of the substitution options may be hiring a remote employee (freelancer), → .

The document must indicate the period of validity and the grounds for its conclusion, for example, granting leave to the employee. If everything is clear with the basis, then the question of the duration of the employment relationship is very ambiguous. When it is clearly known for how long the vacation is granted, then problems with reflecting the period in the contract should not arise. But it may be that the employee who went on vacation fell ill during this period and returned to work later. After all, if the agreement specifies one term, and the employee continues to work after its completion, then it can become permanent. To avoid such a problem, it is recommended to indicate not the exact date of termination of the employment relationship, but the wording “for the period of temporary absence (full name of the employee who is being replaced)”.

Substitution of an employee through the combination of several professions

In order to correctly arrange the replacement of an employee during his vacation, you should obtain written consent to combine positions. This option is usually more cost-effective for the employer. Payroll costs in case of combining positions are less than the wages of a new hired employee. An employee who combines duties is not released from his main job.

When registering a combination for a strictly established period, it is necessary to draw up an order correctly. Often this document does not indicate the period during which the surcharge for the combination will be made. In this case, it is impossible to remove them from the employee, he will be entitled to receive payments, and the court will further confirm this.

It is possible that an employee does not agree to temporarily perform functional responsibilities another. The employer cannot force him, any actions in this direction will be illegal and can have serious unpleasant consequences for the organization.

All decisions regarding the performance of additional duties by an employee must be made in writing. Oral agreements have no force and cannot be the basis for subsequent payment.

The combination of professions is the performance of additional duties in another profession. If an employee performs additional duties in his profession (position), then this is documented as an increase in the amount of work.

When making a combination of professions, it is important to follow a certain procedure:

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

The labor functions of an absentee can be transferred not to one, but to be distributed among several workers. In this case, additional agreements should be concluded with each employee to the employment contract, duties and remuneration should be reflected in writing, and the written consent of the employee should be obtained.

Replacement of an employee through a temporary transfer

Cases related to production needs (accidents, accidents at work, etc.) do not require written consent. But such a transfer is possible only for one month. At the same time, wages should not be lower than the average salary for previous work, it is obligatory to draw up an order with a written note about familiarization of the employee with it.

Temporary transfer possible for the period when the absent employee will resume his duties.

For a temporary transfer, you should make:

• additional agreement to the employment contract;
• order;
• obtain a written note from the employee about familiarization with the order.

A particularly careful approach requires the registration of employees replacing materially responsible persons.

internal and external combination

A characteristic difference in the design of internal part-time employment is the need to conclude a separate labor agreement. This is due to the fact that the employee will do new job at another time free from the main work. This document can be concluded with those persons who are not subject to the restrictions reflected in Art. 282 TK (age under 18, harmful or dangerous conditions labor, etc.). The employment agreement must indicate that the employee is accepted for the position on a part-time basis.

The procedure for registering an internal part-time job:

• issuance of an order for hiring part-time;
• familiarization of the employee with the order against signature;
• making an entry in work book;
• filling out a separate personal card.

For external part-time workers, the same sequence of documenting, list of restrictions, duration of work and payment procedure is preserved as for internal ones.

How is the replacement of the head

There are certain requirements for replacing a manager during a vacation. Usually this obligation is assigned to the deputy, in whose employment contract such a circumstance is stipulated. This allows no additional agreements to be issued. If such an opportunity is not stipulated in the employment agreement, then it is necessary to issue an order to replace the head. Also, the procedure for replacing the head can be reflected in job description deputy. In the same document, you must indicate whether the deputy has the right to sign during the absence of the head.

Answers to current questions

Answer. Remuneration during the period of replacement of the head should be made in accordance with the order, which should be issued by 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 the order or additional agreement does not provide for an additional payment, then the remuneration will remain for this period in the same amount.

Question number 2. The head of the enterprise went on another vacation. During the rest period of the director, his duties were ordered by order to be performed by the chief engineer. How correctly to classify it as substitution or combination? Do I need to make a surcharge?

Answer. Because the Chief Engineer does not stop performing his professional duties during the replacement of the director, then this should be regarded as a combination. 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 schedule of the seller in the store "six days in six." In September, one salesperson goes on vacation, the second will work for him after his shift. Is this allowed? How to pay for replacement work?

Answer. This case does not apply to the replacement of an employee. This is weekend work. With the consent of the employee, the law does not prohibit this. The main nuance is wages. Since this is weekend work, the employer will have to pay at least twice the amount.

Question number 4. The chief accountant is on vacation. Can the director get the right of the second signature, and assign the remaining duties for this period to the payroll accountant?

Answer. No. It is impossible to give the director 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 signature samples 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 accountant on wages with a reflection of the amount of the surcharge for the combination. Then you need to issue an order to transfer the duties 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 next vacation?

Answer. Before giving to the cashier next vacation it is necessary to draw up an additional agreement to the employment contract with the employee who will replace him. This document should reflect the amount of the surcharge, if any. In addition, the fulfillment of the duties of a cashier requires the conclusion of an agreement on the full liability. Then you should issue an order to combine. The cashier must transfer the affairs to the chief accountant, for which without fail an inventory check is carried out.

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.

Exist different ways substitutions: temporary, combination of positions, increase in 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 authorities 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 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.
• Hiring a 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:

1. To whom is the document sent? For example, the general director (full name).
2. Registration date.
3. The name of the document, for example, a memo on the assignment of duties during the holidays.
4. The reason for the employee's replacement.
5. Who will play the role of deputy.
6. From whom the note is sent, position and signature this person.

The company may have its own established template for a memo. If not, then the document will be in 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 an additional payment to assign to me from 04.04.2019 to 04.15.2019 his duties as a secretary in the order of combining posts.”

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 additional payment for additional duties assigned to the employee is dealt with 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, here is a possible payment option.

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:

1. To calculate the amount of the additional payment for replacing this person during the 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 worker will be paid 420 rubles. This means that in 10 working days it will be possible to receive 4,200 rubles.
3. Additionally, personal income tax of 13% should be deducted, as well as insurance premiums should be charged at a general rate of 30% plus 0.2% in the FSS for injuries.

According to this principle, the authorities can calculate the monetary reward that will be due for combining positions. 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 letter of assignment CEO while on vacation:

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 is granted leave of any kind and duration, the question arises before the management of the enterprise: how and by whom to replace him. Indeed, during the vacation period, the activity of the enterprise does not stop, which means that each vacationer needs to find a replacement. This applies to both ordinary employees and the first persons of the enterprise. About ways to replace employees who go on vacation, and some of the features associated with this, will tell "ACCOUNTER & LAW".

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

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

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 opportunities, etc.).

In this case, whichever option the employer chooses, he must keep in mind the following.

Firstly, 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 vocational training and qualifications.

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

And now we will consider more specifically each of the above options for replacing an employee (employees) leaving on vacation.

Hiring a temporary worker

Issues of employment and work of temporary workers are regulated by separate rules and * .

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

A temporary 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 the future work or the conditions for its implementation, 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 conclude a fixed-term employment contract with him.

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

• a temporary worker must be warned about the duration of his work. The condition on the temporary nature of the work must be contained in the order for employment. With this order, as in other cases, it is necessary to familiarize the newly hired employee against signature;
• temporary worker is not established probation . Recall that a probationary period of up to 3 months (in some cases up to 6 months) can be established for permanent employees, and for a period of not more than 1 month for workers;
• work books are maintained 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.

Firstly, In accordance with the requirements of Art. 39 of the Labor Code, an employee with whom a fixed-term employment contract has been concluded can terminate it ahead of schedule on his own initiative only on good 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 area; admission to educational institution; the impossibility of living in the area, confirmed by a medical report; pregnancy; caring for a child until they reach the age of 14 or for a disabled child, etc.

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

Thirdly, at the end of the action fixed-term contract the employer is obliged to provide certain categories of temporary workers with other work. To such categories according to Art. 184 of the Labor Code includes 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 report, but not older than six years of age), single mothers with children under the age of 14 age or a disabled child.

Temporary workers are paid according to the generally established procedure.

In the general case, 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 employment contract.

Temporary transfer of an employee

A transfer to another job is an assignment to an employee of work in a specialty, qualification or position not determined by a previously concluded employment contract (clause 31 ).

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

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

Without agreement worker A transfer can be made if all three conditions are met:

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

At the same time, the remuneration of such employees 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 operational 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 a temporary transfer to another position is not entered in the work book for the time of replacing the vacationer.

Temporary combination of positions

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

In the context of the issue under consideration, the combination of 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 when combining professions is regulated by Art. 105 Labor Code.

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

In addition, when resolving issues related to the replacement (combination) of posts, in accordance with should also be guided * .

According to this document, temporary execution official duties absent employee is assigned to another executive 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 (additional payment) for it.

Entries on the temporary combination of positions in the work book are not made.
____________
* In accordance with the Decree of the Verkhovna Rada dated 12.09.91, No. 1545-XII, this document is valid on the territory of Ukraine in the part that does not contradict the current legislation.

Andrey Krymov

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 formalize these employment relationships? 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. Let's collect everything today possible ways 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 (it is mandatory to indicate 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 for each specific employee is established by the employer with the written consent of each specific employee (fixed in supplementary agreements to employment 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. In case of internal part-time employment, you must conclude a separate employment contract with the employee on the performance of other regular paid work in his spare time from his main job. When concluding a part-time employment contract, it is necessary to pay attention to the restrictions established by the fifth part of Article 282 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 the performance of labor duties at the main place of work, 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 a vacation, finding a good specialist is not easy, of course. In this case, you can invite a specialist from another organization on the terms of an external part-time job 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.

General procedure for hiring external part-time worker the same as when accepting an internal part-time worker (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. The basis 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 resolved. labor law, 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.

When concluding fixed-term employment contracts Don't forget about their expiration date. Employment contract concluded for the duration of the performance certain work, terminates 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. Employment contract concluded for the performance 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."

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 for each specific employee is established by the employer with the written consent of each specific employee (fixed in supplementary agreements to employment 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.

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

Remuneration during the period of replacement of the head should be made in accordance with the order, which should be issued by 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 the order or additional agreement does not provide for an additional payment, then the remuneration will remain for this period in the same amount.
Question number 2. The head of the enterprise went on another vacation. During the rest period of the director, his duties were ordered by order to be performed by the chief engineer. How correctly to classify it as 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 a vacation - look for a replacement

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 registration in No. 1, 2005, No. 6, 2006, No. 6–8, 2007. Tip When concluding fixed-term employment contracts, do not forget about their expiration date.

Important

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).

I have to look for a replacement for the holidays

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

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

Vote:

TK RF)? 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). A Global Approach There are times when it is not a matter of replacing a few employees, but the need to involve a significantly larger number of people or to close a very large front of work.

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

Is an employee obligated to look for a replacement for vacation time?

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 formalize these employment relationships? 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. We'll manage on our own If you want to manage on your own and not involve a third-party employee during the vacation period of an employee, then the following options will suit you. Combination of professions (positions), expansion of service areas, increase in the volume of work.

Vacation replacement

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 (Art.

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 is not disrupted, an employee can be hired 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.

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

Attention

It is impossible to give the director 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 signature samples 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 a payroll accountant reflecting the amount of additional payment for the combination.

The procedure for replacing an employee during 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 schedule of the seller in the store "six days in six."

In September, one salesperson goes on vacation, the second will work for him after his shift. Is this allowed? How to pay for replacement work? Answer. This case does not apply to the replacement of an employee. This is weekend work.

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

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

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

In this case, additional agreements should be concluded with each employee to the employment contract, duties and remuneration should be reflected in writing, and the written consent of the employee should be obtained.

Who is looking for a replacement employee on vacation

• home
• Vacation accounting and vacation pay calculation

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 entrust 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 on vacation? But what if the head of the organization or the chief accountant goes on vacation? How to apply for a replacement worker? If an employee goes on vacation for several days, then the employer usually does not need to look for a replacement. But if the leave is long, for example, maternity leave, then you should find a new employee or entrust someone with these duties.
But I don’t know how to negotiate, do I put something in order to go on vacation ??? Well, if without content, I would have solved my problems myself, I would have had to agree! I want to draw the moderator's attention to this message because: A notification is being sent... Marina Russian Federation, St. Petersburg #8 June 2, 2009, 9:46 am a lot of work? After all, if you have OK, then it's their job to find a replacement for you - so go ahead with the songs! I want to draw the moderator's attention to this post because: Notification in progress... I love this forum!!! Elvira (guest) #9 June 2, 2009, 10:06 am Marina, the difficulty is that you have to be torn into two jobs - you must sit for me in the waiting room (it just happened before) and at the same time try to do your job.