An order to perform the duties of a temporarily absent employee without release from work. Who can be entrusted with temporarily performing the duties of an absent employee? Written consent of the employee to perform duties

Fulfilling the duties of a temporarily absent employee is a fairly common practice in the labor sphere. To assign such an obligation to an employee, the employer must issue an appropriate order.

How is an order issued to perform the duties of a temporarily absent employee? How does the work of a subordinate who is assigned the responsibility of performing the duties of another employee change? What other additional documents need to be prepared for issuing an order? Read in this article.

• In addition, when duties are temporarily transferred to another employee, an order is issued to perform the duties of the temporarily absent employee. The employee who will perform the duties of the absentee must familiarize himself with the order. The employee can also document his consent;

The order must specify the details of the absent and replacement employees, their position, as well as the amount of additional payment for performing duties in another position.

If the main employee’s absence is less than thirty days, then no documentary consent is required;

Read about why you need to record the employee’s consent in the next section.

Why is it necessary to record the employee’s consent?

According to the Labor Code, the employee to whom they are entrusted must give consent to perform additional work duties. An employer has no right to force an employee to do work that he does not like.

When drawing up an order to perform the duties of a temporarily absent employee, the employer must familiarize the employee with it, after which he must record his consent on the appropriate document. Such a document can be an application or other document drawn up in any form.

Such a statement will be considered a document confirming the employee’s consent to perform the duties of the absent employee. The validity period of such a document should not exceed one calendar month. If the employee performs duties longer, then, if necessary, the consent can be extended up to twelve months.

After drawing up such an application confirming the employee’s consent, it is drawn up in a separate document, which will be called an additional agreement.

The agreement must include the following information:

• the name of the position for which you will need to perform duties;
• list of duties to be performed;
• amount of work;
• the time during which the work of the absent employee must be performed;

If at the time of conclusion of the agreement it is not known when the absent employee will return, it is marked “upon the return of the absent employee.”

The conclusion of an additional agreement is a mandatory procedure when temporarily transferring the duties of an absent employee.

Drawing up an order. Sample

After obtaining the employee’s consent and recording this consent in the agreement, a corresponding order is issued on the temporary transfer of the duties of the absent employee to another employee.

The order contains the following information:

• The nature of the duties that are temporarily transferred from one employee to another;
• The period of time during which they will be executed;
• Additional payment for performing additional work;

After the order is drawn up, it is handed over to the employee for review. After reviewing it, the employee signs it.

Payment for the duties of an absent employee

The Labor Code does not say how the duties of a temporarily absent employee should be paid, or what the minimum and maximum amount of additional payment should be.

Since this issue is not regulated in any way by law, the responsibility for resolving it falls on the shoulders of the employer himself.

The employer is obliged to pay for additional work that he assigns to the employee.

The amount of the additional payment may depend on the amount of additional work transferred to the employee.

Payment for the performance of additional labor duties can be made in the form of an amount or a percentage of the basic salary.

The employer has the right not to pay for the performance of additional duties only if employment contract employee there is a clause according to which a specific position provides for the appearance of additional work.

Conclusions: if one of the employees leaves the position for a certain/indefinite period (for example: goes on vacation, takes sick leave, goes on maternity leave), the employer may, during his absence, transfer the responsibility for performing his job duties to another employee for additional pay.

The transfer of duties is recorded in two documents - the corresponding agreement and the order on the performance of the duties of the temporarily absent employee. Without the preparation of these documents, the employee’s additional work will not be paid in any way.

Most often, three ways are used to replace temporarily absent personnel:

• increasing the scope of work or expanding the service area.

Let's look at each of these options in more detail.

During a 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. So, 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 instructed to carry out, along with his work, during the working day additional activities in the same profession (position). 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 receives payment 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, the employee is assigned another employee. The amount of this additional payment 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, during the holidays, the director may well replace personnel - 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.);
• amount of payment;
• 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.

Keep in mind that in all of the above cases, the amount of additional payment is not determined by law and is established by agreement of the parties. In practice, the amount of additional payment for performing the duties of an absent employee 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 stipulating this issue in a local regulatory act - for example, in.

Express your opinion on the article or ask the experts a question to get an answer

The holiday season is approaching, and care must be taken to ensure that employees going on vacation does not lead to disruptions in the organization's activities. Let's consider how to distribute the responsibilities of a temporarily absent employee.

Options for assigning duties to an employee who is temporarily absent

You can entrust the duties of a temporarily absent employee to another employee of the organization in the following order:

For information on how to process an internal translation and pay for the work during the translation, read: 2009, No. 19, p. 77

• temporary combination, increasing the volume of work or expanding the service area (so-called substitution);
• internal part-time work;
• temporary transfer.

These options are very similar. But they are processed and paid for differently. This table will help you choose the best option.

Of course, the choice is yours. But still, substitution is perhaps the most optimal of the three options for the holidays. After all, the employee will not have to be released from performing his own duties. Therefore, we want to talk about how to properly arrange and pay for the replacement.

We agree with the employee

So, the employee, along with his main job, will perform additional duties within the working hours established for his main job by condensing his work during the working day. He may be entrusted with both work similar to the one he performs (increasing the volume of work, expanding the service area), and work in a different position/profession (combining).

Substitution is the most convenient way assign the duties of a temporarily absent employee to another employee. After all, the employee performs additional duties along with his own during the working day.

One employee can be assigned to perform the duties of even several absent employees, if he has the ability to cope with this additional workload during the working hours established for him.

But first you need O articles. 60, 60.2 Labor Code of the Russian Federation:

• obtain the employee’s consent to perform additional work;
• negotiate with the employee about payment.

We prepare documents

After receiving the employee's consent, we do the following.

STEP 1. We include rules on filling positions in local regulations

In order not to distribute the responsibilities of an employee who has gone on leave in an emergency manner, it is better to establish options for possible replacement of positions in advance in the local regulatory act of the organization (for example, in the internal labor regulations). This will also help when scheduling vacations. It is clear that it is better to redistribute responsibilities within one structural unit or within related professions and positions.

Let's assume that staffing table The organization provides positions:

• chief accountant (1 unit);
• senior accountant (1 unit);
• accountant (2 units);
• cashier (1 unit);
• head of the HR department (1 unit);
• senior HR inspector (1 unit).

The following options for filling positions may be established in the internal labor regulations.

It is also possible to prescribe in a local regulatory act general rules determining the amount of additional payments for performing the duties of temporarily absent employees.

STEP 2. We conclude an additional agreement to the employment contract

It needs to indicate b Art. 60, Art. 60.2, Art. 151 Labor Code of the Russian Federation:

• which extra work entrusted to the employee. If the employee will combine responsibilities for another position, indicate exactly what responsibilities he is assigned (all or only certain responsibilities). If the replacement takes place for a similar position, then write what additional amount of work the employee must perform;

We warn the personnel officer

With an employee temporarily replacing another, it is necessary enter into an additional agreement. One order is not enough.

• term substitutions. This will be the period when the replaced employee is on vacation, business trip, or on sick leave. But keep in mind that the “deputy” has the right to refuse to perform additional work before the expiration of this period. The employer may also cancel the substitution early. Each of the parties (both employee and employer) is obliged to notify the other party about this in writing no later than 3 working days;

• surcharge amount for replacement. The Labor Code of the Russian Federation does not establish either a minimum or maximum amount of such additional payment. It is set taking into account the amount of additional work assigned s Art. 151 Labor Code of the Russian Federation:
• <или>in a fixed amount;
• <или>as a percentage of the salary (tariff rate) for the main or replaced position.

If several employees are entrusted with the duties of a temporarily absent employee, the amount of additional payment may be the same for everyone or may vary depending on the amount of additional work assigned. However, its size may not be limited to the salary of a temporarily absent employee.

Additional agreement
to the employment contract dated March 12, 2007 No. 31-TD

Moscow

Limited Liability Company "Season", hereinafter referred to as "Employer", represented by general director Smirnova A.A., acting on the basis of the Charter, on the one hand, and Filippova Ksenia Borisovna, holding the position of accountant, hereinafter referred to as “Employee”, on the other hand, together referred to as the “Parties”, have entered into this additional agreement to the employment contract dated “12 » March 2007 No. 31-TD on the following:

1. Due to the fact that senior accountant I.N. Ryabova is on annual paid leave. The Employee is entrusted with the performance of all her duties in accordance with the job description during the period from May 23 to June 5, 2011, without relieving the Employee of her duties as an accountant.

2. The employee is given an additional payment for performing the duties of a temporarily absent employee in the amount of 40% of the salary for the position of senior accountant.

STEP 3. We draw up a replacement order

The employee must be familiarized with this order against signature.

Limited Liability Company "Sezon"

Moscow

Order

For the period of the next annual leave senior accountant Ryabova I.N. from May 23 to June 5, 2011, assign the performance of her duties to accountant K.B. Filippova. without releasing her from her job as an accountant.

Install Filippova K.B. for the specified period, an additional payment of 40% of the salary for the position of senior accountant.

The following have been familiarized with the order:

Information about the performance of additional work does not need to be entered into the employee’s personal card (form No. T-2 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1) and in his work book at Art. 66 Labor Code of the Russian Federation; clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225. However, at the employee’s request, you can reflect them in section X “Additional information” of the personal card.

Example. Calculation of additional payment upon replacement

/ condition / Due to senior accountant Ryabova I.N. being on annual paid leave. accountant K.B. Filippova with her consent, she was assigned to perform the duties of a senior accountant during the period from May 23 to June 5, 2011.

The additional payment for replacement is 40% of the salary for the position of senior accountant.

The salary of a senior accountant is 25,000 rubles.

/ solution / The algorithm of actions is as follows.

STEP 1. We calculate the amount of additional payment per month:

25,000 rub. x 40% = 10,000 rub.

STEP 2. We determine the amount of the surcharge for May 2011. The period from May 23 to May 31, 2011 is 7 working days, and the amount of the surcharge will be:

10,000 rub. / 20 days x 7 days = 3500 rub.

STEP 3. We determine the amount of the surcharge for June 2011. The period from June 1 to June 5, 2011 is 3 working days, and the amount of the surcharge will be:

10,000 rub. / 21 days x 3 days = 1428.57 rub.

We transfer powers to the deputy

The possibility of replacing a temporarily absent employee can also be provided for when concluding an employment contract. First of all, this applies to positions of deputy heads of an organization or head of a structural unit. The replacement of a temporarily absent manager is established by an employment contract with the deputy or his job description. In this case, there is no need to conclude an additional agreement to the employment contract with him. He will do this automatically, since this is his responsibility as part of his labor function under the employment contract. An order to assign the duties of an absent manager to a deputy manager is needed only if he has several deputies on various issues, and only one of them will replace the manager.

In the employment contract with the deputy or his job description it is also necessary to reflect whether deputies have the right to sign contracts, financial and other documents during this period. If this is not agreed upon, and the deputy must be given the right to sign during vacation, then you can issue an order granting the deputy the authority to sign documents or issue a power of attorney to the deputy. b Art. 185 Civil Code of the Russian Federation.

If the deputy is also given the right to sign financial documents during the vacation, then you need to issue temporary bank cards with samples of his signature And clause 7.16 of the Instruction of the Central Bank of the Russian Federation dated September 14, 2006 No. 28-I. All documents that the deputy will sign must indicate the position (“deputy manager” (“deputy chief accountant”)), his last name, first and patronymic initials and signature.

From authoritative sources

Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia

“The Soviet Decree on the procedure and conditions for combining positions contained a ban on the heads of organizations, their deputies, heads of structural units, departments, workshops, services and their deputies from combining positions th subp. “a” clause 15 of the Resolution of the USSR Council of Ministers dated December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” (lost force from March 10, 2009 due to the adoption of the Government of the Russian Federation Resolution No. 216 dated March 10, 2009).

This ban in 2003 was recognized by the Supreme Court as contrary to the Labor Code of the Russian Federation in relation to the heads of structural units, departments, workshops, services and their deputies th Ruling of the Supreme Court of the Russian Federation dated March 25, 2003 No. CAS 03-90.

And in 2009, this Soviet Decree completely lost its force at Decree of the Government of the Russian Federation of March 10, 2009 No. 216. Thus, heads of organizations and their deputies also received the right to combine positions.

If senior or mid-level managers are required to combine positions in accordance with the employment contract or in accordance with the job description, then now there are no restrictions for them on additional payment for combination. Therefore, by decision of the authorized body of the organization (board of directors, head of the organization), they can make such an additional payment.”

That is, at present, the establishment of additional payments to the management team of the organization for the time the duties of a temporarily absent employee are performed by position remains at the discretion of the employer.

Magazine: Personnel Directory
Year: 2008
Author: Andreeva Valentina Ivanovna
Topic: Documents personnel service, Temporary transfer to another job, Mandatory and additional conditions
Category: Filling out without errors

Pay attention!

In practice, very often it becomes necessary to assign the duties of a temporarily absent employee to another employee. In this case, orders are often issued with the wording: “assign duties” or “appoint as acting,” and the postscript “i.e.” is added to the position being filled. O.". This practice cannot be recognized as complying with the law.

Labor legislation provides for three forms of performing a labor function in another position if it is necessary to replace a temporarily absent employee.

1. Temporary transfer to another job to replace an absent employee. If such a transfer is carried out by agreement of the parties to the employment contract (Part 1 of Article 722 of the Labor Code of the Russian Federation), then the parties enter into an additional agreement to the employment contract, which specifies the labor function, the period of temporary transfer, and other conditions ( see Appendix 1). A temporary transfer to another job by agreement of the parties is formalized by order of the employer using the unified form T-5 ( see Appendix 2). At the end of the transfer period, the employee must be given his previous job. To avoid disputes, it is advisable for the employer to issue an order (in any form) about the end of the temporary transfer period and about the provision of the previous job ( see Appendix 3).

An employee may be transferred without his consent for a period of up to one month to replace a temporarily absent employee, if the need for such replacement arose due to the circumstances listed in the cases specified in Part 2 of Art. 722 Labor Code of the Russian Federation. Such a transfer is formalized by order of the employer using the unified form T-5.

2. If the parties decide on the issue of fulfilling the duties of a temporarily absent employee without release from the main job and outside the normal working hours, then a part-time employment contract must be drawn up for a certain period ( see Appendix 4). Based on the concluded employment contract, the employer issues an order for part-time employment using the unified form T-1 ( see Appendix 5).

3. To fulfill the duties of a temporarily absent employee without release from work specified in the employment contract, within the normal working hours, the employee may be assigned additional work (Article 602 of the Labor Code of the Russian Federation). The issue of the amount of additional payment for performing additional work is decided by agreement of the parties to the employment contract ( see Appendix 6). The performance of additional work is established by the employer with the consent of the employee by issuing an order in any form ( see Appendix 7).

Appendix 1

An example of drawing up an additional agreement to an employment contract on the temporary transfer of an employee to another job by agreement of the parties

Appendix 2

An example of drawing up an order (instruction) on the temporary transfer of an employee to another job by agreement of the parties (Form No. T-5)

Appendix 3

An example of drawing up an order to provide an employee with his previous job after the expiration of the transfer period.

Appendix 4

An example of an employment contract for part-time work (fragment)

Appendix 5

An example of drawing up an order (instruction) for part-time employment

Appendix 6

An example of drawing up an additional agreement to an employment contract on the performance of duties of a temporarily absent employee without release from work stipulated by the employment contract

Appendix 7

An example of drawing up an order to perform the duties of a temporarily absent employee without release from work provided for in the employment contract

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

Combining or expanding service areas. Based on Art. 60.2 of the Labor Code of the Russian Federation, an employee may be assigned to perform, during the established duration of the 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 either in a different or in the same profession (position).

The period during which the employee will perform additional work, its content and volume are determined by the employer with the written consent of the employee and 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 employees individual categories cases of performing the duties of an absent specialist with a similar job function are provided for. In this case, the combination is part of the 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 the 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 of the 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 Labor Code RF

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 05/14/2013 to the employment contract dated 08/05/2009 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 an 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 about 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 the structural unit was specified in the employment contract), while continuing to work for the same employer (Article 72.1 of the Labor Code of the Russian Federation).

More specifically, the procedure for temporary transfers is defined in Art. 72.2 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 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 recall that unified forms orders established by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/2004 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 Article 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 division, located in another area.

FYI. Under another locality, by virtue of clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code of the Russian Federation" refers to 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 external labor

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 hours for such work should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, 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 an entry in the work book about part-time work, then he needs to submit a document confirming part-time work at the 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 labor relations cannot be installed on indefinite period taking into account the nature of the work ahead 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.

Pay attention! 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 the date of its end, 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).

In conclusion

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.