Performing duties for another employee. How are the duties of a temporarily absent employee performed? The law regulates three main forms of substitution

Life circumstances and the Labor Code often provide for the possibility of an employee being legally absent from work for a long time. For example, an employee is on vacation, undergoing scheduled training, is ill for a long time, or goes on a long business trip - all this time he cannot perform his main duties. However, it is not always possible to simply leave work for a designated period of time; more often than not, stopping it is unprofitable, and then the employee needs a temporary replacement.

• How to register temporary performance of duties of a legally absent employee?
• How are such activities paid for?
• What points should not be overlooked?

Let us consider all these issues below and also help in drawing up the appropriate order.

Acting Acting Person according to the Labor Code of the Russian Federation

Labor Code of the Russian Federation in Art. 60.2 talks about combining professions, increasing the number of assigned labor functions, expanding the zone of influence, and also separately notes issues related to the performance of the duties of an employee who is temporarily absent, but not released from work under an employment contract. This article was introduced into the Labor Code on the basis of Federal Law of June 30, 2006 No. 90-FZ.

Art. 151 of the Labor Code of the Russian Federation allows employees to agree to additional work offered to them in addition to their main responsibilities for an increase in pay.

Personnel officers usually mean Acting performance of additional labor functions along with the main responsibilities in accordance with the signed employment contract, both for the same and for another position, providing additional remuneration.

Reasons for introducing an employee as an interim employee

An employee's absence from work when a temporary replacement is required can be caused by various reasons:

• any leave (annual, maternity, at your own expense, for training, etc.);
• business trip;
• sick leave;
• assignment of public or government duties (election commission, employment as a jury, etc.);
• any other circumstances of absence from work, including those that have not been clarified.

Three things without which VRIO is impossible

In order for the replacement of an employee to be legal, three conditions must be met simultaneously.

1. Written agreement of the parties. Without the written consent of the employee (additional agreement), the employer cannot involve him in replacing another employee.
2. Organizational order. Any replacement option must be formalized by order of the head of the institution, carried out in the usual manner.
3. Assignment of additional payment for additional work. The temporary replacement must be paid in addition to the regular remuneration of the employed employee. The amount is not specified by law; it can be calculated in any way convenient for the employer and to which the employee agrees.

FOR YOUR INFORMATION! The employee’s signature confirming familiarization with the order does not constitute a legal basis for issuing a replacement. An additional document is also required that specifically formalizes the consent of both parties, that is, both clauses 1 and 2 must be available, without excluding or replacing each other.

Temporary replacement options

The Labor Code of the Russian Federation provides the employer with a choice of several possible ways to attract an employee to temporarily perform additional duties.

1. On your own. Using the company's own resources, it is possible to assign additional labor functions to a willing and suitable permanent employee. An important nuance should be taken into account:
   • If an employee has been assigned to perform exactly the same but additional duties in addition to his position, such replacement will be carried out within the framework of expanding the service area or increasing the volume of work;
   • if an employee takes on responsibilities associated with another position, we will talk about internal alignment.

IMPORTANT! The employer should soberly assess the employee's ability to perform additional work outside of his main position.

2. Translation on time. An employer can temporarily or even permanently change the job function of an employee called to replace an absent one (Article 72 of the Labor Code of the Russian Federation). You can change the position and/or structural unit to the one in which the employee in need of replacement worked.

NOTE! In normal situations, the period for such a transfer within one organization usually does not exceed a year. But in cases specified by law, for example, when transferring to maternity leave, this period may be extended.

3. Moving. It can be applied if, as a result, the terms of the employment contract previously signed by the employee do not change (in this case, even his consent is not required). Thus, you cannot transfer to another location, to a different salary, etc., but you can, for example, transfer an employee to another machine, to another workshop, etc.

CHECK! If the employment contract clearly states the structural unit where the employee must work, then it is no longer possible to transfer him to another, even to an identical position, without his consent, since the terms of the contract change.

4. Help from outside. If you cannot additionally load “your” employee, you can invite new personnel to temporarily replace them. Part-time job(internal or external) can be applied if a new employment contract is concluded, but in this case we are not really talking about temporary employment contract. A more universal way would be to conclude fixed-term employment contract(Article 58 of the Labor Code of the Russian Federation).

IMPORTANT TO REMEMBER! The validity period of such a clause cannot be indefinite; it will have to indicate either a specific date or the circumstances of its termination (usually indicate “until the departure of the main employee”).

Acting is not a part-time job!

Confusion may arise, since temporary replacement of an employee and part-time work have a common feature - both of these types of additional workload are performed by the employee, who at the same time must ensure that his main work is also completed.

Differences are as follows:

• The Labor Code regulates these types of additional employment in different articles: part-time work is considered in Art. 44 of the Labor Code of the Russian Federation, and VRIO - Art. 60;
• with part-time work, additional duties must be performed during times not occupied by the main work, and with temporary work, this occurs in parallel within the same working day or shift;
• for part-time work, a new employment contract is required; for temporary employment, written consent is sufficient;
• termination of a part-time job occurs only with the termination of the corresponding contract or the expiration of its term, and for temporary employment, cancellation is possible at any time (with a 3-day warning), both from the employer and the employed employee.

How to draw up an order for an interim

The specifics of the wording in the order depend on the chosen method of substitution. In general, an order for an enterprise must contain the following data:

• the names of the main position and the one accepted as part of the replacement;
• deadlines for completing additional work;
• the reason for the absence of the replaced employee, if established;
• basis for registration of replacement (number of the concluded additional agreement);
• the amount of the assigned additional payment;
• signatures of the parties on familiarization and agreement with the order.

An example of an order for the temporary replacement of an absent employee

Limited Liability Company "Perekrestok"

ORDER No. 14-7

On the assignment of additional responsibilities in order to combine positions

Due to the absence of senior economist Zarubina E.L. due to undergoing additional training outside of work on the basis of Art. 60.2 and 151 Labor Code of the Russian Federation

I ORDER:

1. Instruct economist O.D. Rubinshtein to performing, during the established working day, along with his main duties determined by the pood contract, additional labor functions at the site of Zarubina E.L. as part of expanding the service area.
2. Set for Rubinshtein O.D. additional monthly remuneration for performing duties beyond the basic ones in the order of combination in the amount of 75% of the salary of E.L. Zarubina.
3. Determine the period for increasing the volume of work by Rubinshtein O.D. from 02/13/2017 to 03/25/2017

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 change when he is assigned the responsibility of performing the duties of another employee? What other additional documents need to be prepared to issue 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 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 the employee’s employment contract contains a clause according to which a specific position provides for additional work.

Conclusions: if one of the employees leaves his 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.

Tell me whether the head of a structural unit can officially, on orders, come to work while on vacation and sign various current documents and give orders. Please, with a link to the documents. Thank you!

Answer

Answer to the question:

Yes, maybe if you write a review from your vacation.

According to general rules, vacation is rest time, that is, time during which the employee is free from performing work duties and which he can use at his own discretion ( Art. 105, 106 Labor Code of the Russian Federation). The employer has the right to recall the employee from vacation, with his consent ().

It should be noted that the very fact of the employee exercising powers during the vacation period is not prohibited (Article 20-22 of the Labor Code of the Russian Federation). But if a recall from vacation is not issued, this may become the basis for claims against the organization by regulatory authorities. Therefore, if there is a need to involve the head of a department in work during the vacation period, you should issue a recall from vacation. In addition, during the employee’s vacation, his powers, including in terms of signing orders, may be performed by another employee ( see attachment to answer below).

Details in the materials of the Personnel System:

Answer: How to arrange for the temporary performance of duties of an absent employee by another employee (temporary replacement)

Registration of temporary performance of duties of an absent employee

Who can be entrusted with temporarily performing the duties of an absent employee?

The procedure for registering temporary performance of duties of an absent employee depends on who will be involved in such work. To do this, the employer can involve:

• a citizen who is not an employee of this organization ();
• another full-time employee (, Labor Code of the Russian Federation).

If an organization hires a citizen who is not on its staff to perform the duties of a temporarily absent employee, then ().

If the duties of a temporarily absent employee will be performed by another full-time employee, the organization can attract him by:

The difference between temporary replacement and combination

How is temporary performance of duties different from combining

The difference between combination and temporary replacement is that combination of professions (positions) is established when the corresponding staff position in the organization is not filled (vacant) for some reason. Temporary replacement assumes that the absent employee is listed in the organization, but is not able to perform his job duties. For example, due to vacation, illness, business trip, advanced training, etc.

In addition, when combining, you can perform additional work only in another profession or position. During temporary substitution, an employee can perform duties both in the same positions (professions) and in different ones.

Is it possible to assign the duties of a temporarily absent employee without the consent of an employee?

No you can not.

By law, an employer can entrust the performance of the duties of a temporarily absent employee to another employee only with the written consent of the latter (). For this purpose, a contract is concluded with the employee.

Is it possible to distribute the duties of a temporarily absent employee among several employees and issue such an order with one order?

Yes, you can.

Current legislation does not prohibit the temporary replacement of several employees at once, distributing the responsibilities of a temporarily absent employee among them. Thus, to temporarily replace an absent employee, another employee is entrusted with additional work to the extent established in the relevant additional agreement (). However, the law does not require that the replacement employee be entrusted with the duties of the absent employee in full.

Based on the additional agreement, the employer orders temporary replacement. Labor legislation does not establish a mandatory form for such an order, so employers draw it up in. The law does not require that a separate order be issued for each employee. However, among other things, the order for temporary replacement indicates the amount for performing additional work. Therefore, if an employer issues one order for several replacement employees, then they will become aware of the amount of additional payments established for their colleagues for performing the duties of a temporarily absent employee. Therefore, the employer must independently assess the advisability of issuing a single order for all replacement employees. In order to avoid conflict and controversial situations, we recommend that you draw up separate orders for the number of employees among whom the responsibilities of the absentee will be distributed.

Is it possible to hire another employee who is currently suspended from his main job to replace a temporarily absent employee?

Yes, it is possible, provided that the reason for the employee’s removal from his main place of work does not prevent him from performing the duties of a temporarily absent employee.

So, for example, the involvement of a temporarily absent employee who has been suspended from work is possible in the following cases:

• the employee has not undergone a mandatory medical examination or a mandatory psychiatric examination in accordance with the established procedure and is assigned to temporary work that does not require such an examination or examination;
• an employee who has medical contraindications is hired for temporary work, which he can perform taking into account contraindications or for which there are no contraindications;
• an employee whose special right has been suspended is hired for temporary work that does not require a special right (permit).

This conclusion follows from the totality of the provisions of the articles of the Labor Code of the Russian Federation.

Since in the case of engaging a suspended employee with his consent to perform the duties of a temporarily absent employee, then the time sheet for him should be filled out according to the position to which he was transferred, in. You should not keep a report card for the main position (profession) where the employee is listed as suspended during the transfer.

Is it necessary that the position of a temporary employee must coincide with the position of the main employee during whose absence the temporary employee was hired?

Yes, definitely.

To perform the duties of a temporarily absent employee, the employer has the right to hire another employee by (). In this case, a temporary employee can perform all or part of the duties of the main employee.

Since the temporary replacement of an absent employee under a fixed-term contract involves the performance of his job duties, it is obvious that the position of the temporary employee must coincide with the position of the main employee. If the positions of employees do not match, there is a possibility that a fixed-term contract may be recognized as concluded without sufficient grounds. For this, the employer will be prosecuted under the Code of Administrative Offenses of the Russian Federation. Moreover, such an agreement will be impossible to terminate due to the return to work of a temporarily absent employee (expiration of the term) precisely because of the difference in job titles.

Thus, when concluding an employment contract to perform the duties of a temporarily absent employee, the name of the position for which the new employee is hired should be indicated in exact accordance with the position occupied by the temporarily absent employee.

what position should be indicated to a temporary deputy when signing documents during the absence of the main employee

The answer to this question depends on how the replacement of the main employee during his absence is formalized.

The performance of the duties of an absent employee without changing the working hours can be formalized:

Additional payment for temporary replacement

How much additional payment is due to an employee for temporary replacement?

When temporarily filling a position for an employee, in addition to his earnings.

Early termination of temporary substitution

Can an employee prematurely refuse to perform work as part of a temporary replacement?

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule. Early termination of work as a temporary replacement employee must be made no later than three working days in advance. If an employee wants to refuse to perform additional work early, he must also

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Fulfilling the duties of a temporarily absent employee of the Labor Code of the Russian Federation allows for registration in several ways: through the temporary transfer of another employee of the enterprise, by assigning duties to someone from the staff without exemption from the main job function, or by hiring a new employee. In order to avoid conflicts between employees and management, as well as problems with supervisory authorities, it is important to understand the design features of each of the listed methods.

When a temporary transfer may be necessary to replace an absent employee, assigning his duties to another, etc.

In a number of cases, labor legislation provides workers with guarantees of release from work while maintaining their jobs. According to the Labor Code, circumstances that give the right to this include:

1. Availability of a medical certificate, according to which the employee is not allowed to perform his main job function for a period of up to 4 months. In this case, the specialist is transferred to another job (available to him) or is completely released from performing duties if he refuses the transfer (Article 73).
2. Annual leave (Article 114).
3. A business trip to which an employee is sent by order of management (Article 167).
4. Passing intermediate and final certification when receiving education in correspondence, evening or part-time forms of study (Article 174).
5. The birth of a child and care for him: up to the age of 1.5 years - with payment, from 1.5 to 3 years - without it (Article 256).

There are other cases when an employee may not be present at the workplace while maintaining the latter, including for a shorter period. These include serving as a juror (as well as other public and state duties established by law), undergoing medical examinations, donating blood, additional leave if there is a disabled child, etc.

In such situations, someone else must perform the duties of the absent employee. You can arrange a replacement in various ways:

• temporary transfer of another employee to the place of the absent one (Article 72.2);
• assigning the duties of an absent employee to one of his colleagues without transfer (Article 60.2);
• concluding a fixed-term employment contract with another employee (Article 59).

The choice of replacement method depends on the employer’s decision, which, in turn, is made taking into account a number of factors (we’ll talk about them in more detail below). It seems that it is advisable to do it based on the duration of absence of the main employee and the conditions in which his work function is performed.

Temporary transfer for the period of absence of the main employee to perform his duties

Provisions of Art. 72.2 of the Labor Code of the Russian Federation establishes the possibility of transferring an employee, including to perform the duties of an employee who is temporarily absent from the workplace, but at the same time has the right to return to work after the grounds for absence have been exhausted. As a general rule (in accordance with Part 1 of this norm), such a temporary transfer is possible only in cases where the employee himself expresses his consent to it (in this case, the consent must be drawn up in writing).

However, Part 3 defines a special condition when it is not necessary to obtain consent for a temporary transfer from the employee. This is permissible if the need for such a transfer is caused by circumstances of an emergency nature, the need to prevent them or eliminate their consequences. The period of such transfer cannot exceed a calendar month.

A temporary transfer within the framework of Part 3 can only be made to a position, the filling of which requires qualifications no lower than the position filled by the employee before the transfer. If the employee gives his consent, then he can be transferred to a less qualified job - however, in this case, the legislation guarantees such a specialist a salary not lower than the average for his main place.

If such a transfer is properly executed, the transferred employee’s absence from work is grounds for bringing him to disciplinary liability, as evidenced, among other things, by the section of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004 No. 2, dedicated to changes to the employment contract.

Don't know your rights?

Performing the functions of a temporarily absent employee by assigning his duties to another employee without interruption from his main job

The settlement of the issue of fulfilling the function of an employee who is absent for a certain period of time by another employee of the enterprise (organization) without exemption from main work is carried out in accordance with Art. 60.2 TK. In this case, the procedure for assigning duties is formalized by an internal legal act, which determines the list and scope of assigned duties, the amount of additional payment for their performance and the period for which these duties are assigned to another specialist.

To carry out such a procedure, it is required that the following conditions established by parts 1 and 2 of this article be met:

1. The management of the enterprise must obtain written consent from the employee to whom it is planned to assign duties.
2. Additional work must be performed during the working day, the duration of which is established in accordance with internal rules.
3. The increased volume of work must be carried out in the same organization where the employee’s main place of work is located.
4. Such work must be paid additionally (the amount of payment is established by mutual agreement of the parties).

An increase in the volume of work performed may be associated with the performance of the functions of an absent employee, either in the same profession or in another. For example, when one of the accounting department employees goes on vacation, his duties can be assigned to any other accountant (with his consent), due to which the latter actually simply increases the amount of work. Approximately the same situation arises, for example, when assigning the duties of a courier while on vacation to a secretary. However, in this case, the increase in volume occurs due to the performance of the duties of an employee of a different profession.

Temporary replacement of an absent employee with a newly hired one

In the event of a long absence of the main employee from the workplace on legal grounds, it is advisable to resort to concluding a fixed-term employment contract with a new specialist. This procedure is permitted by law (Part 1 of Article 59 of the Labor Code) and is regulated by the general rules of Chapter 11 of the Labor Code on the procedure for registering labor relations.

The main feature of concluding a contract with an employee, which is accepted for the period of impossibility of fulfilling work duties by the main specialist, is the obligation to mention that it is concluded for a certain period, indicating such a period. The period for which a new employee is hired by the enterprise depends on the duration of the absence of the main specialist, but according to the rules of Art. 58 Labor Code cannot exceed 5 years. If for any reason there is no term of validity in the contract, it is considered concluded for an indefinite period. As a result, when the main employee leaves, serious legal problems are inevitable, since in this case it is impossible to simply fire the replacement. Thus, when concluding an agreement in such a situation, you should pay extreme attention to the clause on its validity period.

IMPORTANT! Instead of a specific end date of the employment contract, it is allowed to indicate that it is concluded until the main employee goes to work (paragraph 1, part 1, article 59 of the Labor Code). In this case, there will be no difficulties with dismissing the replacement employee.

Another feature of regulating labor relations with such an employee is the possibility of establishing a probationary period. Thus, if a person is hired to perform work for a period of up to 2 months, a test cannot be imposed on him due to clause 7, part 4, art. 70 TK. If the period of performance of the labor function is expected to last up to 2 to 6 months, then a test can be provided for in the contract, but its period will differ from the general one and cannot exceed 2 weeks, on the basis of Part 6 of the same article.

Otherwise, the formalization of labor relations is based on general principles and is regulated by general rules, regardless of the duration of the contract.

Calculation of deadlines for completing the duties of a temporarily absent employee

The most pressing issue regarding the specifics of calculating the expiration date of a contract is when performing the duties of a temporarily absent employee a new specialist hired. As a general rule, the employment contract in this case does not indicate the exact date of its end, but the event that is the basis for termination of the employment relationship.

In addition, according to Part 1 of Art. 79, if the employment contract specifies that a new employee is hired on a temporary basis until the main employee leaves, the employer is not obliged to warn about the termination of such a contract. In this case, the day of completion of the work function (and, accordingly, dismissal) is the day the main specialist returns to work.

A similar situation arises when an employee, temporarily transferred to perform the duties of an absent employee, returns to his previous place. The dismissal of a replacement in such a situation is carried out on the day when the main employee began to perform his duties, which follows from Part 1 of Art. 72.2, and from the norm specified above.

If the duties of an absent employee are assigned to another person, the administrative document often (this is in no way prohibited by law) indicates the exact period for the performance of such duties, which can be subsequently extended by mutual agreement of the parties. The employer has the right to release from performance of duties ahead of schedule only by notifying the other party 3 days in advance. In this case, a situation may arise when the main employee is already performing his duties, and the specialist to whom they were temporarily assigned has not yet been released from them. To avoid this conflict, it is recommended to add the indication of the period for assigning duties in the relevant order with the note “but no later than until the main employee returns to work.”

So, to replace the main specialist, the employer can transfer another employee, assign duties to him without removing him from his main job, or, at his discretion, enter into an employment contract with another person. As a general rule, the assignment of duties and temporary transfer requires the written consent of the employee. The hiring of a new employee for a temporarily vacant position is carried out with special features (indication of the urgency of the contract, a shortened probationary period or its absence). The day of termination of duties is the day the main specialist returns to perform his work function.

Instructions

If we are talking about the absence of an employee for a long time, hiring an employee on the basis of a fixed-term employment contract is widely used. The documents are drawn up the same as for regular hiring, however, the condition is specifically stipulated that the employee is hired before the temporarily retired employee returns to work (59 of the Labor Code of the Russian Federation).

When a full-time employee is hired to replace a temporarily retired employee, an agreement between the employer and employee on the temporary transfer must be attached to the order. The employee’s consent to a temporary transfer is not required only if the transfer is issued for a period of less than 1 month (Article 72.2 of the Labor Code of the Russian Federation).

If a full-time employee who continues to perform his job function is additionally assigned the duties of performing the job function of a temporarily absent employee, then an order about this is issued, a form that is not regulated by law. However, such an order must reflect the last name, first name, patronymic of the absent employee, his position, as well as the amount of additional payment for performing additional work duties. The amount of the additional payment is established by agreement between the employer and the employee. For employees holding ordinary positions, the wording is used: “Assign to (position name, surname, patronymic name) the performance of the duties of (position name) during absence (vacation, business trip, etc.) ( last name, first name, patronymic of the absent employee)". This order may also be contained directly in the order for vacation or business trip; in this case, both employees must be familiarized with such an order, a copy of the order is placed in the personal file of the outgoing employee, and an extract from the order is placed in the personal file of the employee who will perform his function during his absence. For management employees, the wording is slightly different: “Appoint (name of position, surname, first name and patronymic) temporarily acting (name of position)." The order indicates the reason for the temporary departure of the employee and stipulates the amount of additional payment, regardless of whether the employee is a deputy head of the state.

Appointing an acting employee to a vacant position is not permitted; in this case, either a temporary transfer must be issued - while searching for a suitable employee to work on a permanent basis, or a permanent transfer with appropriate amendments to the employment contract. It must be borne in mind that in the event of a temporary transfer, the employee may apply to occupy the position on a permanent basis.

In accordance with Article 72.2 Part 1 of the Labor Code of the Russian Federation, a temporarily absent employee retains a workplace and an acting person can be appointed or accepted for his position. The performance of duties is formalized in the regulations of Article 59 of the Labor Code of the Russian Federation in the form of a fixed-term employment relationship or in accordance with Article 60 of the Labor Code of the Russian Federation in the form of temporarily assigning additional duties to another employee. These articles do not apply to filling a vacant position that is held electively, for example, to the general director of an enterprise and other equally responsible persons. This is regulated by changes in the clarifications of the Letter of the State Labor Committee dated March 11, 2003.

You will need

• -statement
• -fixed-term employment contract
• -order
• -written agreement
• -order
• -an employment contract indicating the procedure for performing duties during absence
• -order
• -power of attorney

Instructions

To formalize the performance of duties in the form of a fixed-term employment relationship, it occurs in the usual way under a contract. The applicant must receive an application for temporary work, employment documents, educational documents and others that are required taking into account the specifics of the work.

A fixed-term employment contract is drawn up indicating all working conditions, pay and the period of the employment relationship. The contract is also signed by the employer, an order is issued to formalize a temporary employment relationship, and an entry is made in the work book and personal card. The hired employee is introduced to the job responsibilities, and he begins to temporarily replace the employee who is absent for a good reason.

If the duties are formalized in accordance with Article 60 of the Labor Code of the Russian Federation and an employee working under an employment contract in another position is assigned the duties of a temporarily absent employee, this is performed as additional functions.

This registration can only be done with the written consent of the employee himself, the execution of an order indicating additional duties, the period for their execution and the form of payment for additional work.

All senior managers must have a clause in their employment contract regarding their replacement during absence and a deputy must be specified. At some enterprises, the contract specifies two or three deputies during the absence of responsible managers.

All deputies must have a clause in their employment contract regarding the performance of duties during the absence of the manager and the terms of remuneration for the period of substitution.

Additionally, this is indicated in the internal regulations of the enterprise. If everything is properly executed, then neither an order nor a general power of attorney will be required during the absence of management.

If the procedure for replacing senior management is not formalized in the employment contract and internal legal acts, then an acting person is appointed during the absence. A replacement order is issued, indicating the period of performance of duties and the payment procedure.

Additionally, you will need to issue a power of attorney in accordance with the regulations of Article 185 of the Civil Code of the Russian Federation. It will be required for signing important papers and possible legal relations with third parties, for example during important negotiations when concluding a contract.

An acting person is appointed in cases where the main employee is absent for valid reasons. This action is regulated by Article 74 of the Labor Code of the Russian Federation and can be carried out by temporary transfer to another position or without interruption from the main activity, as well as by formalizing a fixed-term employment relationship with an outside person. Depending on the specific situation, the replacement is documented.

You will need

• - written consent of the employee
• -order
• - application (when receiving an outsider)
• -fixed-term contract
• -order

Instructions

When transferring to a position to perform duties, it is necessary to obtain his written consent. Consent is not required if the replacement is due to special reasons and production needs, but only in cases where the position is paid the same as the previous one and the working conditions have not become worse.

It is also provided for the performance of duties without interruption from the main position. In this case, the employer issues an order and indicates in it all the conditions for the fulfillment of duties, the timing and amount of additional payment for the combination. In cases of combination, the written consent of the employee is a prerequisite, regardless of production necessity.

If, to perform the duties of a temporarily absent employee, an outsider is hired, regular employment is drawn up under a fixed-term contract, indicating the beginning of the employment relationship and its end.

The applicant must submit an application for temporary work. You will also need a work book, education documents, TIN, pension insurance certificate and other documents, depending on the specifics of the work.

The employer issues an order for temporary employment, indicating all conditions of employment.

It is impossible to assign duties to a vacant, elective or competitive position. When registering labor relations with these employees, there must be a clause on the procedure for their replacement, indicating several deputies, like deputies, an entry in the employment contract about the procedure for performing duties and working conditions during the replacement.

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Sources:

• appoint acting