Additional agreement to replace a temporarily absent employee. A fixed-term employment contract for the duration of the duties of an absent employee. Example. Calculation of additional payment upon replacement

In order to most effectively ensure that the duties of absent employees are performed by the remaining employees, three ways are most often used:

increasing the scope of work or expanding the service area.

Let's consider how to arrange each of the options, and how the replacement of a temporarily absent employee is paid, in more detail.

At temporary transfer the employee is transferred to work in another position or profession. The person does not fulfill his obligations under his employment contract. For example, during the absence of the garage manager, one of the mechanics is transferred to his position.

Temporary combination is the performance during the working day, along with one’s duties defined by the employment contract, of additional work in another position or profession. For example, having sent a cashier on vacation, you can entrust his duties to an accountant on a part-time basis.

When the volume of work increases or the service area expands, the employee is assigned to carry out additional activities in the same profession (position) during the working day, along with his work. For example, if you have three service technicians, then during the absence of one of them, you can assign his duties to the remaining two.

How to pay

During a temporary transfer, the employee is entitled to additional payment for the absent employee: according to this, he must receive money for the work performed. Therefore, this method is usually used when replacing managers, the size wages which are higher than those of ordinary employees.

In case of combining positions, a person is assigned another employee. A specific additional payment for replacing a temporarily absent employee () is established by agreement of the parties ( Art. 151 Labor Code of the Russian Federation).

When increasing the volume of work or expanding the service area, the amount of additional payment and the amount of additional work are also determined by agreement of the parties.

What to pay attention to

The question often arises: who can replace whom? The legislation does not contain an answer to this, so in each case you should proceed from the interests and specifics of your activity and the qualifications of your personnel. For example, in a small company, the director may well fill in for staff during vacations; in this case, an additional payment for the combination should also be established for him. Whether a secretary can perform the duties of a department head depends on the qualifications of both the secretary and the head.

In any case, in order to assign a person the duties of an absent employee, his written consent is required. The employer must issue a corresponding document, which indicates:

replacement period;
FULL NAME. and employee position;
legally significant action (translation, assignment of duties in a combination manner, etc.);
payment when replacing a temporarily absent employee;
employee consent.

Such an order is necessary both for the correct calculation of payment and its attribution to the cost price, and for the possibility of holding the employee accountable for improper performance of assigned duties.

Example of an order

Keep in mind that in all the mentioned cases, the amount of additional payment is not determined by law and is established by agreement of the parties. In practice, additional payment for a temporarily absent employee (nothing to do with it) usually ranges from 10 to 50 percent of his salary, but sometimes the replacement employee demands that he be paid almost 100%. In order to avoid disagreements, we recommend that this issue be stipulated in a local regulatory act, for example, which most often in enterprises regulates additional payments for performing the duties of a temporarily absent employee.

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For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, it is envisaged that the absent employee will be assigned to another person. How to arrange this correctly?

In this situation, there are subtleties that both the personnel officer and the manager must know. And employees will also benefit from raising their educational level. Let's look at how the duties of a temporarily absent employee are assigned, and what each party to the process should focus on.

Options for solving the problem

It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposes two options for solving the problem. The administration may offer the employee a part-time job, that is, he will work for two people for some time. Another way is translation. In this case, the employee is relieved of his main duties.

For example, if the boss’s secretary goes on vacation or gets sick, a courier can be hired in his place. At the same time, the administration should consider whether this person will be able to perform his previous duties. If he manages to meet work time, then a combination is used, otherwise a transfer is used.

The assignment of duties to a temporarily absent employee must be properly formalized and additional payments must be taken into account. It is also necessary to keep in mind that in post-Soviet countries, whose legislation in the field of labor relations is based on the previous code, changes have occurred. This means that personnel officers should look for a solution based on the national regulatory framework.

Fundamental question

The procedure for replacing an absent employee is set out in the relevant national legislation. The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must obtain a document in which it is expressed. Lawyers recommend signing an additional agreement. It contains the following data:

Parties to the contract.
List of duties or positions.
Scope of work.
Surcharge.
Validity periods.

Signing such an agreement will mean the written consent of the employee. On its basis, a temporary absent employee is compiled. Such a document contains the information listed above.

Assignment of responsibilities to a temporarily absent employee (RB)

The legislation of Belarus also provides for two options. We are talking about substitution and combination. The first is release from main duties and assignment of what the absent employee was doing. The second option involves double load. Substitution can be made with the consent of the worker.

There are exceptions. In cases where there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually the transfer (combination) occurs by agreement. That is, the employee is offered to take up other work for a while. He signs the appropriate paper, which indicates the terms and amount of payment. It is prohibited to set wages the amount of which less than that what the person received previously.

Documenting

Any changes in the work schedule should be documented with the appropriate papers, including the assignment of duties to a temporarily absent employee (RB). An order on this topic is no different from other similar documents. It contains all the details as required. A link to the relevant article of the Labor Code is also required. An order or other document characterizing the reason for the absence of the official and the head of the unit is indicated as the basis. Here's an example:

“Based on Art. 67 of the Labor Code of the Republic of Belarus and in connection with the absence of the secretary of the head Ivashchenko S.N. from the workplace:

The duties of the manager's secretary shall be assigned to HR specialist T. with her written consent for a period of (specify) while maintaining responsibility for the performance of the main work.
The accounting department will make an additional payment to Ishchenko R.T. in the amount of 50% of the secretary’s salary during the specified period.”

You can read this order in more detail below.

Subtleties of legislation

Let's return to the Labor Code of the Russian Federation. Fundamentally, the legal and regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an order on assignment, you should think carefully about the reason for the worker’s absence. Vacation or sick leave options are common. They are self-explanatory.

But if an employee goes on a spree, then it is necessary to first issue a document on the beginning of an investigation (act), only then shift his responsibilities to others. That is, the absence must be explained. The regulation of surcharges also differs in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amounts. They are charged on a contractual basis. But in the Republic of Belarus this is also true only for private enterprises. Additional payments for part-time jobs for public sector employees are regulated by the government.

Assigning duties to a temporarily absent employee without consent

This measure is practiced in special conditions. These include catastrophes, accidents, natural disasters and other events that pose a threat to the population (part of it). In such a scenario, the person may be assigned another job for up to a month. Such a norm exists in the legislation of both the Russian Federation and Belarus.

Naturally, the personnel officer will still have to formalize all this with an order. The Labor Code of the Russian Federation allows translation without consent in other cases. These include, for example, downtime or liquidation of an accident. However, transferring an employee to a position with lower qualifications without written consent is prohibited. This should be taken into account in your work.

Easier replacement method

To ensure that the production process is not slowed down due to illness or vacation of a specialist, you can hire another person to take his place. Sometimes this method is more optimal than redistributing responsibilities. However, leaders are extremely reluctant to agree to it. It's all about finances. A newly hired employee will have to pay the entire salary, while for a full-time employee even half is enough. This results in serious savings in funds.

There is also such a nuance as an introduction to the matter. A new person is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down. Temporary assignment of duties can be carried out for a period of up to one year or until the main employee leaves. In case of transfer, the person retains his place of service. That is, when the main employee returns, his “deputy” should be given the same place.

All full-time employees are absent from work from time to time during legally: due to being on vacation or a long business trip. And since the labor process cannot be suspended for a month or two, the norms of the Labor Code of the Russian Federation provide possibility of replacing an employee, but only subject to compliance with a certain procedure and the rights of already involved workers.

Who is a temporarily absent and temporary worker?

From the moment of employment, data about the current employee is reflected not only in orders, but also in the accounting sheet, on the basis of which wages are calculated.

In case of absence from the enterprise, the time sheet is indicated mark, which corresponds to the grounds for staying outside the workplace, and does not imply termination of labor relations

Considering that there can be many reasons for absenteeism from work, Resolution of the State Statistics Committee of the Russian Federation No. 1 provides specific encoding, which allows not only to reflect the basis for absenteeism, but also to provide for the calculation of average wages or their deprivation while maintaining the job.

Temporarily absent employee (TAE) is a person who is not present at the workplace for some time in accordance with the law.

Even at the stage of creating a company, it is developing staffing table, through which management determines required amount employees to perform a given amount of work, taking into account the range of subsequent duties that must be performed within the working hours established by Article 91 of the Labor Code of the Russian Federation.

Naturally, a one-time absence of an employee for a couple of hours or days will not cause damage to the company, but suspending the work process for a longer period can bring significant losses, which is why the law provides for the possibility of hiring another employee on a temporary basis.

Who can perform duties

As a rule, the range of responsibilities of individual employees is individual, however, in large companies there are also identical vacancies, meaning that in the absence of one of the economists, he can be replaced by another with a release from the main responsibilities or by expanding existing ones.

If the institution does not have a solid staff, management can use another option, namely, hiring a third-party employee as an external part-time worker for a certain period of time in a fixed-term contract mode.

In some cases, it is possible to use a third option, which implies internal part-time job, which consists in using one’s own worker, but outside the standard labor regime of the enterprise, taking into account that a part-time worker additionally works by virtue of Art. 282 of the Labor Code of the Russian Federation may only during free time from regular work.

The legislative framework

The meaning of substitution is resolving the issue of fulfilling the duties of a temporarily absent worker through the involvement of one’s own employee, and in several ways, which are determined by law. Thus, within the framework of Article 60.2 of the Labor Code of the Russian Federation, the same accountant who calculates wages for one of the departments on the basis of an order and personal consent can also be involved in calculating payments for another department, thus expanding the service area.

The employee should not perform the full range of duties of the absent employee, given that it is impossible to complete double the volume in 8 working hours. Therefore, even at the stage of drawing up an order for combination, the parties, namely, the manager and the employee, must decide both the amount of additional work and the deadline for its completion, not to mention payment, which is mandatory.

If you transfer some of the responsibilities without prejudice to production process impossible, allowed by law temporary transfer. So, by virtue of Art. 72.2 of the Labor Code of the Russian Federation, with written consent, an employee is completely relieved of duties and transferred to a vacancy that has become vacant for a period of up to one year or for a period during which the main employee will be absent.

In emergency situations caused by a man-made or natural disaster, urgent repair work, an employee is transferred to the position of an absent employee without consent for a period not exceeding a month. If wages or qualifications for translation vacancies are lower than available, the consent of the person being hired will be required.

Full-time employees within the framework of the Labor Code of the Russian Federation have the right not only to work and equal pay, but also to rest and a number of guarantees that allow them to combine labor activity with motherhood or education.

He may legally be absent from the enterprise due to the following reasons:

being on annual or administrative leave;
business trip assignment;
illnesses, including the period under B&R;
training according to the schedule determined by the educational institution;
advanced training by order of management;
performance of government duties, for example, participation in military training;
removal from work, for example, for medical reasons or until a special right to manage is issued vehicle or extending the validity period of a work patent.

Acting and part-time work - what's the difference?

The duties of a temporarily absent employee are fulfilled not only by attracting the company’s own employee, but also by hiring someone from outside, already in a part-time mode, which has some differences from a part-time job. Thus, within the framework of Article 282 of the Labor Code of the Russian Federation, a part-time worker is a person who has a main place of work, but is ready to work additionally in his free time, both at his own enterprise and at a third-party one.

Due to the fact that the law prohibits excessive workload and overwork due to the risk of harm to health, a part-time worker works no more than 4 additional hours a day or a full shift on his day off, provided that monthly norm hours will be equal to half and no more.

Thus, exactly a part-time worker a day can be busy for 12 hours, and the acting assistant performs the duties of both his own and an additional position within the framework of one shift equal to eight hours.

Another significant difference between part-time work and replacement is registration procedure, taking into account that the ACT remains a full-time employee in one position and performs additional duties as ordered with additional pay. And a part-time worker, even an internal one, is hired again, thus being employed in two positions at the same time and acquiring the right to vacation and wages in both, but in proportion to the time worked.

Substitution terms

The period for replacing a temporarily absent person is equal to the time required to use annual or student leave on the basis of a previously issued order. However, in Art. 60.2 of the Labor Code of the Russian Federation states that an employee according to at will has the right to prematurely refuse “part-time work” in the part-time mode, subject to written notification to management within three working days.

The employer also has a similar right and can remove additional work from the employee under similar conditions.

In case of transfer to an acting position, the law provides other terms. So, in Art. 72.2 of the Labor Code of the Russian Federation states that if there is the consent of the worker and production necessity, he can hold another position for up to 12 months, after which the issue of return or approval as the main employee is decided anew. But in emergency situations, transfer is possible without consent for a period of no more than a month.

Temporary replacement options

Circumstances that involve the absence of a key employee from the workplace may be different, as well as the actual period of his departure, in view of which the employer is given the right to choose one of the options, guided by the specifics of production.

Substitution

Substitution, as a rule, is used for a relatively short period of absence of the main employee, associated with the use of annual leave, student leave, or military training from several weeks to a month.

This option is also used for temporary disability that is not associated with serious injury or surgical intervention.

Part-time work: internal and external

Part-time work is preferable to use in the event of a long-term absence of an employee, which is typical for leave for accounting or advanced training for several months away from work.

This option is suitable if the employee is absent from the enterprise at least a few months and there is a possibility of disability being registered later.

Translation

Transfer to another position is often used only in case of significant absence of the employee, again based on the above reasons, due to loss of health or caring for a child under 1.5 years old.

Additional payment, compensation, guarantees

The basis of labor relations is compulsory remuneration principle for the amount of work performed, however, due to the fact that the very principle of substitution and part-time work differs in nature, remuneration also has significant differences.

When replacing a temporary acting employee, the employee has the right to count on an additional payment under Article 151 of the Labor Code of the Russian Federation, which implies a contractual regime of the amount in direct dependence on the assigned volume.

However, in most cases, company management not interested set the amount individually in each case, so the amount of additional payments is determined in general for all employees in local acts, for example, in a collective agreement or regulations on remuneration.

In turn, part-time work, both internal and external, has a completely different payment procedure, given that we're talking about about a separate position. So, in Art. 285 of the Labor Code of the Russian Federation states that the salary of a part-time worker is calculated based on the salary established for the position with all allowances, which are multiplied by the time actually worked, that is, half the norm.

By virtue of Article 287 of the Labor Code of the Russian Federation, a part-time worker has the right to count on annual leave, as well as other guarantees in full for both positions at the same time, and an employee employed in the substitute mode can only have additional pay for the additional volume of duties.

Payment calculation example

To understand the differences between the remuneration of a part-time worker and a temporary one, let’s look at an illustrative example.

Acting:

Basic salary: 12,000 rubles.
Long service bonus – 15% – 1800 rubles.
Additional payment for replacement - 30%.

12,000 + 1800 = 13,800 rub.

The basic monthly earnings of an employee who, during the period of performance of the duties of a temporarily absent employee, for example, for a full month, will increase by 3,600 rubles, taking into account that the bonus is calculated from the salary and not total amount salaries.

Part-timer:

Salary for the position: 12,000 rubles.
Supplement for working on a computer – 10%.

The standard working time will be 80 hours instead of 160.

12,000 + 1200 = 13,200 / 160 = 82.5 rubles. in an hour.

82.5 * 80 = 6600 rubles.

How to prepare documents

Considering that substitution and part-time work have significant differences in both pay and working conditions, order documentation also different.

Agreement on mutual cooperation

When hiring a part-time worker to an enterprise, a complete data package inherent in initial employment, namely:

employment contract;
admission order;
personal card;
entry in the work book if desired by the employee.

Order

In case of replacement, the above package of documents will not be required, given that the employee’s main job function does not change, and the volume of labor is only increasing, because of which only an order is issued.

If an employee is transferred to another position, even an identical one, the terms of his original employment contract change at least in the title of the position, list of responsibilities, and pay. Therefore, in addition to the existing documents, an agreement is concluded and a transfer order is issued.

Let's talk about drawing up a fixed-term employment contract. What conditions should be formulated in a fixed-term employment contract?

Basis for concluding a fixed-term employment contract

When drawing up a fixed-term employment contract, it is imperative to indicate the reason why it is concluded for a certain period (paragraph 4, part 2, article 57 of the Labor Code of the Russian Federation).

The conclusion of a fixed-term employment contract is legal only in cases where the conditions or nature of the work to be performed do not allow establishing labor Relations for an indefinite period (Part 2 of Article 58 of the Labor Code of the Russian Federation).

List of grounds for concluding a fixed-term employment contract, part 1 of article 59 Labor Code. These include, in particular, the following basis: “During the performance of the duties of an absent employee, whose place of work is retained” (paragraph 2, part 1, article 59 of the Labor Code of the Russian Federation).

A fixed-term employment contract may contain the following wording:

“This fixed-term employment contract was concluded in accordance with Part 1 of Article 59 of the Labor Code of the Russian Federation for the duration of the duties of an absent employee, for whom, in accordance with labor legislation the job of flower seller Raisa Petrovna Rozova, who is on maternity leave until she reaches the age of three, is being preserved.”

Incorrect wording

Is it possible to specify this basis, if the position is temporarily vacant? Let's understand it with an example.

Example 1

The company has vacant position. The employer decided to hire for this position temporary worker.

Is it possible to write in a fixed-term employment contract: “For the duration of the duties of an absent employee, whose place of work is retained”?

This entry is illegal. If a position is vacant, a temporary worker can be hired for it on other legal grounds. For example, you can enter into a fixed-term employment contract with an employee for the duration of temporary (up to two months) work (paragraph 3, part 1, article 59 of the Labor Code of the Russian Federation).

Not one, but two employees are missing

Often a temporary worker replacing a young mother goes on maternity leave herself. A temporary replacement also has to be hired in her place. How, in this case, to formulate the basis for concluding a second fixed-term employment contract? It is necessary to list all replaced workers. Let's show this with an example.

Example 2
Flower seller R.P. Rozova is on maternity leave for up to three years. G.I. was hired for her position under a fixed-term employment contract. Vasilkova. After some time, she also goes on maternity leave. The employer is forced to temporarily hire a new salesperson, F.B. Romashkin. In whose place should it be drawn up and how to correctly formulate the basis for concluding a fixed-term employment contract?

Grounds for a fixed-term employment contract with flower seller F.B. Romashkina will have complex structure, since it must indicate all temporarily absent workers.

An entry in her employment contract may have the following wording: “This fixed-term employment contract was concluded in accordance with Part 1 of Article 59 of the Labor Code of the Russian Federation for the duration of the duties of absent employees, who, in accordance with labor legislation, retain their place of work, namely:

- flower seller Raisa Petrovna Rozova, who is on maternity leave until she reaches the age of three;

- flower seller Galina Igorevna Vasilkova, who is on maternity leave.”

Consecutive substitutions

Summer is vacation time. According to the vacation schedule, permanent employees, one after another, go on vacation and return from vacation. If they functional responsibilities coincide, it would seem convenient to take one temporary deputy who will replace all the vacationers in turn. How, in this case, to formulate the basis for concluding a fixed-term employment contract?

In accordance with paragraph 2 of part 1 of Article 59 of the Labor Code, a fixed-term employment contract is concluded for the duration of the duties of one absent employee, who retains his place of work. In other words, the newly hired employee must perform the job duties of that particular employee during his absence. If he was concluded fixed-term contract for the duration of the duties of the absent employee, then it ceases with the departure of the replaced one (Part 3 of Article 79 of the Labor Code of the Russian Federation).

It is impossible to hire an employee to replace several absent permanent employees in turn. Each time the main specialist leaves, the fixed-term employment contract must be terminated and a new one must be concluded to replace another absent employee.

Validity

A fixed-term agreement can be concluded for a period not exceeding five years (clause 2, part 1, article 58 of the Labor Code of the Russian Federation).

The condition regarding the duration of the employment contract is mandatory (Part 2 of Article 57 of the Labor Code of the Russian Federation). The employment contract must indicate the start date of work and the date (or moment) of its end.

The end date of an employment contract can be tied to:

By a certain date;

Event.

End date - specific date

The expiration date of the employment contract determined by the parties must be expressly indicated in its text. The contract clause will look like this: “The expiration date of the employment contract is September 25, 2014.”

But, having chosen this option of limiting the duration of the employment contract, you must keep in mind that it may be necessary to make changes to the contract, extend or shorten its validity period, leave workplace unemployed, look for another way out if the temporary worker cannot continue to work in your company or does not agree to quit earlier.

Needs to be extended. For example, a fixed-term employment contract was drawn up from April 1 to August 18, 2014. These are the dates that stand on maternity sick leave for a permanent employee. However, unfortunately, the worker’s birth turned out to be complicated, and she was entitled not to 70 calendar days after giving birth, but 86. The fixed-term employment contract with the temporary worker would have to be extended by 16 calendar days.

It is necessary to extend it, but it is impossible. Another situation. The main employee went on vacation from August 1 to August 28, 2014. Another employee has been hired temporarily for this period. The vacationer is sick. The fixed-term employment contract needs to be extended, but the temporary worker has already received written invitation he does not intend to take a permanent job in another company; he does not intend to extend his temporary job. The employer will have to look for a replacement again.

Early dissolution. Another case. The employee is sent to business trip from July 7 to August 31, 2014. During this time, a fixed-term employment contract is concluded with another employee. The travel assignment was completed by July 31. From August 1, 2014, the secondee is ready to begin his main work. It is impossible to terminate a fixed-term contract without the consent of a temporary employee.

As we can see, indicating a specific expiration date for a fixed-term employment contract is not always convenient for the employer.

The end date is tied to the event

It is more advisable not to limit a fixed-term employment contract to exact dates, but to indicate the event associated with the end of the contract concluded to replace a temporarily absent employee. Such an event may be the return to work of the main employee at the end of vacation, business trip, or temporary disability. With the return of the replaced employee to work, the fixed-term employment contract is terminated (Part 3 of Article 79 of the Labor Code of the Russian Federation).

The employment contract may contain the following wording: “ Employment contract valid until the main employee G.I. returns to work. Vasilkova, who is on maternity leave.”

Probation

Do I need to install probation when concluding a fixed-term employment contract?

Not a mandatory condition of a fixed-term employment contract

When concluding a fixed-term employment contract, the employee can be given a probationary period. Testing an employee to check his suitability for the assigned job is not mandatory, but additional condition employment contract. It can be included in an employment contract only by agreement of the parties (paragraph 3, part 4, article 57 and part 1, article 70 of the Labor Code of the Russian Federation). If this condition is not in the contract, it means that the employee was hired without a test (Part 2 of Article 70 of the Labor Code of the Russian Federation).

There is no pre-employment test

Cases when the test is not carried out are listed in Part 4 of Article 70 of the Labor Code. For example, a probationary period cannot be established for minor workers and pregnant women. Also, the test is not carried out if the term of the employment contract does not exceed two months.

The establishment of a probationary period in these cases, and even more so dismissal due to an unsatisfactory test result (Part 1 of Article 71 and Clause 4 of Part 1 of Article 77 of the Labor Code of the Russian Federation) may be considered unlawful.

Duration of probationary period

If the test is acceptable general rule, its duration should not exceed three months (Part 5 of Article 70 of the Labor Code of the Russian Federation).

The probationary period can be increased to six months for those filling positions:

Organizations and their deputies;

And their deputies;

Managers and other separate structural divisions.

When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks (Part 6, Article 70 of the Labor Code of the Russian Federation).

Salary

Wages are remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments (Part 1 of Article 129 of the Labor Code of the Russian Federation).

The salary of a temporary replacement employee is established in a fixed-term employment contract upon hiring (Part 2 of Article 57 of the Labor Code of the Russian Federation).

Legislation prohibits discrimination against employees when paying them wages (clause 3 of article 37 of the Constitution of the Russian Federation, article 132 of the Labor Code of the Russian Federation). Article 22 of the Labor Code provides for the employer's obligation to provide employees with equal pay for work of equal value.

Employees with the same job titles and job functions cannot have different salaries or rates. In the general case, if the working conditions of the main employee are maintained for the period of temporary replacement, the temporary employee is set the same amount of remuneration - basic remuneration (salary or tariff rate).

Deputy salary

The salary is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Part 4 of Article 129 of the Labor Code of the Russian Federation).

The salary of a temporary deputy, as a rule, is determined in accordance with the current staffing schedule in the company.

If indexation is carried out during the absence of the main employee, the salary of a temporary deputy may be higher. The increased salary should be maintained in the future, when the main employee returns to work.

By written agreement of the parties, it is possible to change any terms of the employment contract previously determined by the parties (Article 72 of the Labor Code of the Russian Federation), salary. In particular, by agreement of the parties, any employee, including temporary ones, may have their salary increased. However, it is necessary to keep in mind that employees with the same job titles and job functions cannot have different salary amounts (Articles 22 and 132 of the Labor Code of the Russian Federation).

Additional payments, allowances, bonuses

In addition to salary, a temporary worker may be entitled to various additional payments and allowances, bonuses and other payments. Article 3 of the Labor Code allows for the provision of benefits to individual employees depending on their business qualities.

If a temporary worker has more than high level education, more experience, more highly qualified, he may be given additional payments and allowances in an increased amount compared to the amount of additional payments and allowances that were established for the main employee.

On the contrary, some payments that the main employee received may not be assigned, for example, for long service.

The total amount of accruals for a temporary substitute may differ from the salary of the main employee.

Vacation of the deputy

An employee who works under a fixed-term employment contract has the same right to annual paid leave as a permanent employee. Him in general procedure annual paid leave is provided with preservation of place of work and earnings (Article 114 of the Labor Code of the Russian Federation).

The duration of vacation is at least 28 calendar days per working year (Part 1 of Article 115 of the Labor Code of the Russian Federation).

The right to use vacation for the first year of work arises for the replacement temporary worker after six months of his continuous operation from this employer (Part 2 of Article 122 of the Labor Code of the Russian Federation).

For family reasons and various good reasons an employee, on the basis of his written application, may be granted leave without pay for the duration established by labor legislation Russian Federation and the employer’s internal labor regulations (part 1 of article 128 of the Labor Code of the Russian Federation).

Benefits for a temporary replacement worker

An employee who temporarily replaces an absent employee under a fixed-term employment contract is an insured person (Part 2 of Article 2 Federal Law dated December 29, 2006 No. 255-FZ and clause 1 of Art. 5 of the Federal Law of July 24, 1998 No. 125-FZ). Therefore, he has the right to all benefits paid from social funds in case of temporary disability and in connection with maternity, as well as in case of injury.

The order of acceptance to work

To fill out an order for employment, you can use the unified form No. 1-T, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

If the expiration date of the employment contract is determined not by a specific date, but by an indication of an event, in the corresponding field of the form you must indicate: “By the date of departure of the temporarily absent employee,” and in the field “Conditions of employment, nature of work” - “During the performance of duties temporarily absent employee."

Registration of termination of a fixed-term employment contract

Registration of the dismissal of a temporary deputy hired for the period of absence of the main employee has some features.

Date of termination of employment

If a fixed-term employment contract was concluded for the duration of the duties of an absent employee, the condition for its termination is the return of the main employee to work (Part 3 of Article 79 of the Labor Code of the Russian Federation).

In general, the date of termination of the contract will be the day preceding the day the main employee returns to work.

If at the time of the departure of the main employee his deputy was on vacation, the last working day of the temporary employee will be the last day of his vacation (Part 3 of Article 127 of the Labor Code of the Russian Federation).

The main employee goes to work earlier than planned

The early return to work of a permanent employee must be documented. If this happened at the will of the employee himself, he must notify the employer of his decision and write a statement. This document is the basis for issuing an order for the absent employee to return to work early.

If early exit is carried out at the initiative of the employer, he must prepare the appropriate document, for example, an order for early recall from vacation, early termination of a business trip, etc.

An order for the main employee to return to work early will be the basis for issuing an order to terminate a fixed-term employment contract with a temporary deputy.

Order to terminate an employment contract with a temporary worker

An employer can draw up an order to terminate a fixed-term employment contract using the unified form No. T-8. In the “Bases” column, the details of the order for the main employee to return to work are indicated. The employer also has the right to draw up this order in any form.

If a temporary deputy decides to terminate a fixed-term employment contract early

An employee has the right to terminate a fixed-term contract before its expiration (Part 1, Article 80 of the Labor Code of the Russian Federation). The legislation does not provide any specifics for terminating the contract in this case.

The employee must notify the employer in writing of his intention no later than two weeks in advance (Part 1 of Article 80 of the Labor Code of the Russian Federation), and the employee replacing the head of the organization - no less than a month in advance (Article 280 of the Labor Code of the Russian Federation). If the employee has entered into an employment contract for a period of up to two months, the warning period is three calendar days (Part 1 of Article 292 of the Labor Code of the Russian Federation).

In addition, he has the right to withdraw his application during the entire period of notice of dismissal (Part 4 of Article 80 of the Labor Code of the Russian Federation).

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

The Labor Code offers more than one option for fulfilling the duties of a temporarily absent employee:
- without release from work specified in the employment contract;
— temporary transfer;
— movement;
- 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

Combination or expansion of service areas. Based on Art. 60.2 of the Labor Code of the Russian Federation, an employee may be assigned to perform within set duration working day (shift) along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay. If additional work is carried out in another profession (position), this will be a combination, and if in the same profession (position) - an expansion of service areas, an increase in 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 release from the work specified in the employment contract, the employee may be assigned additional work in either a different or 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 formalized in 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 position being replaced).

I would like to focus your attention on paying for additional work. The Ministry of Health and Social Development in Letter dated March 12, 2012 N 22-2-897 explained that sometimes the performance of duties of an absent specialist may not be paid. This is possible when the job descriptions of certain categories of employees provide for cases of performing the duties of an absent specialist with a similar job function. In this case, the combination is part labor function and is not subject to payment.

Note. If the assigned work in another profession requires additional skills or education, assess whether the employee can perform it without compromising his work, otherwise it is better to use another replacement option.

However, the author does not agree with this position, and here's why. Involvement of an absent employee in temporary performance of duties at a position must in any case be carried out by the employer issuing an appropriate order (instruction), as required by Explanation of the State Committee for Labor of the USSR No. 30, All-Russian Central Council of Trade Unions No. 39 of December 29, 1965 “On the procedure for paying temporary substitution,” regardless of whether whether the possibility of such involvement is indicated in the employment contract or job description employee. In addition, Art. 151 of the Labor Code of the Russian Federation, the establishment of additional payment for performing 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 the absent employee. Therefore, we believe that the employee for performing additional work is in any case entitled to an additional payment in the amount determined by the parties to the labor relationship.

Based on the agreement, an order is issued. It might look like this, for example:

Limited Liability Company "Vesna"

Order No. 41
On the assignment of additional work in order to combine positions

Due to the absence of a payroll accountant, Anokhina V.L. due to advanced training with separation from production 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 working hours, 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 performing additional work in order to combine positions in the amount of 12,000 rubles.
3. Determine the period of combination of Volkova A.S. as a payroll accountant from 05/15/2013 to 07/19/2013.

Reason: additional agreement dated May 14, 2013 to the employment contract dated August 5, 2009 N 9-08.

Director Medvedev /Medvedev A.D./

The following have been familiarized with the order:
accrual accountant
wages Anokhin, 05/14/2013 /Anokhina V.L./
senior accountant Volkova, 05.14.2013 /Volkova A.S./

Remember that the employee has the right to refuse to perform additional work ahead of schedule by notifying the employer in writing no later than three working days in advance (Article 60.2 of the Labor Code of the Russian Federation). The employer can also cancel the order to complete it ahead of schedule by notifying the employee of this within the same time frame.

Temporary transfer. A transfer is considered a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if structural subdivision 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 Labor Code of the Russian Federation. In particular, according to this rule, an employee can be temporarily transferred to another job with the same employer for a period of up to one year. If a temporary transfer is carried out to replace a temporarily absent employee, whose job remains in accordance with the law, the period of such transfer may be more than a year (for example, for the period of parental leave for a child under 1.5 years of age).

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

The conditions of the temporary transfer and its duration are agreed upon by the parties in additional agreement to the employment contract. Based on such an agreement, a transfer order is issued. Let us remind you that unified forms orders established by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1, are not mandatory for use since 2013, therefore a transfer order can be issued in a form approved by the organization. In this case, 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. The employee must be familiarized with such an order against signature.

Note. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force 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 of the temporary transfer. It is this agreement, signed by both parties to the labor relationship, that is the basis for issuing a transfer order.

Remember that if an employee’s responsibilities change during a transfer, 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).
Regarding making an entry in the work book, we will say the following. Neither the Rules for maintaining and storing work books*(1) nor the Instructions for filling out work books*(2) provide for making entries in the work book about temporary transfers. In addition, Art. 66 of the Labor Code of the Russian Federation establishes that information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee is entered into the work book. Accordingly, there is no need to record a 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 answer this question. However, to avoid controversial situations We recommend sending the employee a notification about the return to work of the main employee, which is drawn up in any form. You can also issue an order to terminate temporary duties and return to your old position. It is compiled in any form.

Moving. To replace a temporarily absent employee, you can use relocation. It, unlike a transfer, does not require the employee’s consent, provided that it is carried out to another workplace, to another structural unit located in the same area, and this does not entail a change 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 consent, an employee can be moved to work on another mechanism or unit, but subject to the above conditions.

In order to find out whether an employee can be moved, you need 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, but 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 accepted into a branch, representative office or other separate unit located in another area.

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

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

We attract labor from the outside

If the responsibilities of the absent employee are extensive, and other company employees are heavily loaded with work, so as not to disrupt the production process, the employer may decide to hire 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 external employee, but also for employees 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 registering a part-time job. Article 282 of the Labor Code of the Russian Federation defines part-time work as the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his 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 work is not only the presence of a separate employment contract, but also the length of working hours. So, by virtue of Art. 284 of the Labor Code of the Russian Federation, the duration of working time for such work should not exceed four hours a day. On days when the employee is free from work at his main place of work labor responsibilities, he can work part-time full time (shift).

Based on Art. 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract. When setting standard assignments for persons working part-time with time-based wages, wages are paid based on the final results for the amount of work actually completed.

To register a part-time job, the employee submits the documents specified in Art. 65 of the Labor Code of the Russian Federation, and a certificate about 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 a record in work book about part-time work, he must submit a document confirming part-time work at his main place of work (Article 66 of the Labor Code of the Russian Federation).

Then an employment contract is concluded, which must indicate that the job is a part-time job. And, of course, other actions are taken to formalize the hiring process: an employment order is issued, a personal card is created (even for an internal part-time worker).

Fixed-term employment contract. If other options for replacing an absent employee are not suitable, you can use another one - concluding a fixed-term employment contract with a new employee. However, in this case it is necessary to take into account 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 employment relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in Part 1 of Art. 59 Labor Code of the Russian Federation. For our situation, the basis specified in paragraph. 2 part 1 of this article: for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts, containing norms labor law, collective agreement, agreements, local regulations, the employment contract preserves the place of work.

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 duration of an employment contract, it is advisable to indicate not only the duration of the contract, but also its expiration date, since in the future this will help to avoid disputes when terminating the contract due to the end of its term. For example, the wording may be as follows: “This agreement was concluded for the period of training of accountant R.Z. Sorokina. from 03/04/2013 to 06/04/2013.”

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

When replacing an absentee in this way, the same documents are drawn up as when hiring a regular employee: an employment contract, a hiring order, a personal card. In addition, you need to make an entry about the hiring in the work book, without indicating that the employee was hired for a certain period. This is confirmed by the explanations of Rostrud in Letter dated 04/06/2010 N 937-6-1.

Let us note that an employment contract concluded for the duration of the duties of an absent employee is terminated when he returns to work (Article 79 of the Labor Code of the Russian Federation).

Finally

When the head of an organization is temporarily absent, quite often a person is appointed to perform his duties. And in documents you can often see a signature marked “acting.” Let’s say right away that the position of “acting” does not exist. However, for some time, appoint an “acting” It's still possible.

If the duties will be performed by a person whose job description or employment 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 (the replacement clause in the employment contract means that the employee is obliged to fulfill it only if when another employee will be absent).

If there is no obligation to replace, it turns out that the employee agreed, along with his job responsibilities perform additional work in the position of the absent employee, that is, Art. 60.2 of the Labor Code of the Russian Federation and arrange the combination.

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

home » How to earn » Additional agreement to replace a temporarily absent employee. A fixed-term employment contract for the duration of the duties of an absent employee. Example. Calculation of additional payment upon replacement