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Published: June 20, 2016
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When an employee goes on vacation, his duties are performed by his deputy.
If such a staff position is not provided, and the work must continue, the functions of the vacationer can be transferred to another employee.
- Legislation
- Combination Additional payment
- Decor
- Payment
Performing the duties of a temporarily absent employee
There are several ways to replace vacationers:
- Combination. The employee combines his own work and the work of a vacationer (Article 60.2 of the Labor Code of the Russian Federation).
- Temporary transfer. The employee performs only the duties of a vacationer (Article 72.2 of the Labor Code of the Russian Federation).
- Part-time job. The employee spends time free from his main job on vacation work (Article 60.1 of the Labor Code of the Russian Federation).
- Hiring a temporary employee. An employee is hired with the conclusion of a fixed-term contract for a period corresponding to the vacation period of the replaced employee (Article 59 of the Labor Code of the Russian Federation).
Application for a position
Competitive selection may occur if the candidate is not included in the above lists, as well as when there is a reduction in civil service positions or when there are changes in the working structure of a government agency. Of course, the President does not always select the applicant personally, but there is a need for his appointment. In this case, a proposal is made to senior management to fill the position with one or another candidate.
This is a kind of description of the personal and professional characteristics of an employee who conscientiously performed his duties in his previous place. This presentation includes information about a person’s income and his property obligations. Of course, it is necessary to indicate the total length of service in the position held, the availability of education, and list professional skills and personal qualities. The more information provided in the submission, the better the candidate's chances of obtaining the position. Similar procedures occur in almost every institution or company.
Expansion of responsibilities or combination
If one employee goes on vacation, another may be assigned to perform his duties without releasing him from his main job. This work may correspond to his position or not (Article 60.2 of the Labor Code of the Russian Federation).
If the additional work is similar to the employee’s work, this is an expansion of responsibilities; if not, it is a combination.
Is a full-time deputy manager entitled to additional payment if the manager goes on vacation and his responsibilities are assigned to the full-time deputy? The answer to the question is debatable, because according to the official duties of the deputy. must “pick up” the manager’s affairs during his absence. Find out the authoritative opinion of a ConsultantPlus expert by getting free trial access to the system.
An employee cannot be forced to perform additional work. The employee must give written consent to this.
Additional payment for performing the duties of a temporarily absent employee is specified in an additional agreement and can be made for actual work performed or calculated in proportion to the time worked (Article 151 of the Labor Code of the Russian Federation). The combination order must indicate how the replacement is paid for during the vacation and the period for which it is issued.
Each party to the employment relationship may terminate it early. To do this, the initiator of termination must notify the opposite party in writing 3 working days in advance.
How to correctly draw up an order for combining positions, read the article “Order for combining positions - sample for 2020-2021.”
But it may happen that no one receives additional payment for an absent employee. This happens when an employee replaces a colleague with similar job functions and his job description clearly stipulates such substitutions. In this case, the employee’s written consent is also not required.
What you need to pay attention to when attracting part-time employees of your organization, read the article “Registration of combining positions in one organization.”
Example
LLC "Cuckoo" In January, the cashier goes on vacation for 14 calendar days (10 working days). During his vacation, a second accountant agreed to perform his duties.
An order is issued to combine positions. It states that the additional payment for combined work will be calculated in proportion to the time worked.
The accountant's salary is 20,000 rubles.
The cashier's salary is 17,000 rubles.
We calculate the amount of payment for one working day: 17,000 rubles. / 17 days (number of working days in January) = 1000 rub.
The amount of additional payment for 10 working days was: 10 days. × 1000 rub. = 10,000 rub.
Total, in January the accountant will receive a salary of 20,000 rubles. + 10,000 rub. = 30,000 rub.
From this amount it is necessary to withhold personal income tax (13%) and pay contributions.
Substitute manager
The director is also an employee of the organization, and also has the right to leave.
If the director has a deputy, then he will be the one who will be able to perform duties during the director’s leave. This should be indicated in the job description, because that’s why he is a deputy, to temporarily replace. If there is no deputy, you will have to issue an order for the temporary replacement of the director (ACTI). The order states:
- basis for replacement (vacation);
- Name and position of the substitute;
- replacement period;
- surcharge.
A sample order can be downloaded here.
Any other manager can replace the director, for example:
- Chief Engineer;
- HR Director;
- financial director, etc.
You will learn how to calculate your average daily earnings in this article. Are you not getting unemployment benefits this year? Find out why!
Read about the benefits and benefits for a labor veteran by following the link.
Execution and payment of temporary transfer
It happens that the combination cannot be performed. In this situation, the employer has the right to release the employee from his current duties and transfer him to the vacationer’s workplace. The transfer period corresponds to the vacation period of the absent employee (Article 72.2 of the Labor Code of the Russian Federation).
Transfer is possible only with the written consent of the employee. The additional agreement to the employment contract specifies the terms of the transfer. After this, a transfer order is issued.
You will learn what to pay attention to when drafting it from the article “Order to transfer an employee to another position - sample.”
After the transfer is completed for the employee, this workplace becomes the main one, and, therefore, he must undergo all the training, like other employees.
The work book does not reflect the transfer and return to the main place of work.
Additional payment for performing the duties of a temporarily absent employee occurs in the amount specified in the additional agreement.
Upon return to work of the main employee, it is necessary to send a notice to the replacement employee about the end of the transfer period and draw up an order to terminate the duties of the temporarily absent employee.
If the transfer period has expired and the employee is not given the opportunity to return to his main job and he has not demanded his reinstatement to it, then the agreement on the temporary transfer becomes invalid. Temporary work becomes the main one.
Recommendations for design
A mandatory requirement is the execution of an order for the organization. There is no unified form developed at the legislative level for the document. A situation is allowed when the personnel department prepares an order independently. Written information includes:
- position for which the employee is assigned responsibilities;
- FULL NAME;
- additional payment for fulfilling obligations in an unusual manner.
The need to issue separate orders arises in cases where absence from work is not related to the initiative of the manager. Or when other special types of design are not used.
The issue is usually resolved in orders and messages related to business trips or vacations. Both subordinates interested in resolving the issue are always familiarized with the resolutions. Then the information is placed in a personal file associated with a particular citizen.
How to register and pay for a part-time job
If expanding job responsibilities is impossible, the employer can arrange a part-time job (Article 60.1 of the Labor Code of the Russian Federation).
Part-time work is the performance of additional duties in your free time from your main job. But this time is standardized and should not exceed half of the monthly working time norm. It is the employer’s responsibility to ensure that this standard is not exceeded. All other functions remain unchanged (Articles 282, 284 of the Labor Code of the Russian Federation). Internal part-time work is formalized by concluding a separate employment contract.
Read more about external part-time work in the article “How to properly arrange external part-time work?” .
Payment for part-time workers can be made in proportion to the time worked or for the amount of work actually completed. This must be reflected in the employment contract.
Example
At the Lukoshko store in February, the cashier went on vacation for 14 calendar days (10 working days). During his vacation, a part-time worker was appointed to take his place.
The salary for a combined position is 15,120 rubles.
We calculate the amount of payment for one working day: 15,120 rubles. × 50% / 18 days (number of working days in February) = 420 rubles.
The amount of payment for 10 working days was: 10 days. × 420 rub. = 4200 rub.
From this amount it is necessary to withhold personal income tax (13%) and pay taxes to the funds (30%).
ConsultantPlus experts provide separate explanations on combination issues.
Get trial access to the system and find out the answers for free.
Candidate election
It is worth noting that these methods apply to filling positions in the state and civil service. In other words, people holding high positions also go through similar procedures. For example, elections. It is absolutely obvious that the post of president of the country is held by the citizen through the elections of the population. The same applies to party leaders, deputies, and mayors. Naturally, there is also an internal election system, where there is no need for the entire population of the country to vote.
There are many examples when a candidate for a position is selected through a smaller vote. It can be either open or secret. This procedure is quite sufficient to take up a position without additional approval. Moreover, such a policy is enshrined in the territory of many states and has existed for many years. Each person will respond differently to the effectiveness of such a method, and this will be his personal point of view.
Hiring a temporary employee
Another way to replace an employee who has gone on vacation is to hire a new employee in his place by concluding a fixed-term contract with him (Article 59 of the Labor Code of the Russian Federation).
This replacement method will be preferable for enterprises that have technically complex positions. And if you try to combine them, the entire labor process may suffer. For example, this could be a large manufacturing enterprise. The adjuster of technically complex equipment goes on vacation. The advantages of hiring a temporary employee are obvious: the manager gets a full-time employee, and the work process does not stop.
Payment, conditions and duration of work are negotiated and indicated when concluding a fixed-term employment contract.
Competition basis
How are municipal positions filled? To answer this question, it is enough to understand that municipal officials include only those who did not receive a position by election or received it through municipal elections. For example, a deputy is not a municipal person, since he was elected in another election. And in these cases, there are certain requirements for the person who will replace this or that official.
Here, a significant factor is professional education, work experience in a municipal position, and the presence of certain skills and qualities necessary to carry out the work process in the desired position. Naturally, there may be several candidates, and this is quite common. Then a competition is organized to fill the position, where the most suitable candidate is selected according to certain criteria. By the way, in this way you can choose a professional in every sense, and his task will be to show that this choice was correct.
Results
If an employee goes on vacation at an enterprise, then a replacement will most likely need to be selected to take his place. There are several options for such a replacement. Choose the one that is convenient for you. But no matter which one you choose, remember that the obligation to make additional payments for performing the duties of a temporarily absent employee cannot be neglected.
Sources: Labor Code of the Russian Federation
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Civil service competition
Positions are filled in different labor fields. And in one place or another there is a certain method of selection for a position. In some places the requirements are more stringent, in others they are softer. Filling the position of a civil servant is quite possible, and for this, as a rule, one of several methods is used. These methods include competition, elections, and election.
Each of these methods differs in its specificity and selection technique. It is noteworthy that all of them are reflected in the country’s legislative acts. It is worth considering each method in more detail. The competitive basis presupposes the presence of several candidates who must demonstrate certain performance indicators, level of work skills and knowledge. The one whose results (indicators) are higher than the others will occupy the required position. A special commission should evaluate the indicators.
Concept
Within the framework of the law, combination is the assignment of additional duties to another employee without relieving them of their own or increasing the workload due to the fulfillment of the workload of the vacationer, and for the same 8 hours as provided for by the work schedule in the company.
At the same time, taking into account that an employee may be assigned both similar tasks and ones completely different from his usual range of responsibilities, the combination can be done in two ways:
- Simultaneous performance of duties , but at a more intensive pace, given that we are talking about expanding service areas.
- Alternate execution of tasks in order of their importance for both positions or according to other criteria that are determined by the employee himself.
Restrictions
Also, additional restrictions when combining are the following aspects:
- a ban on the assignment of duties for a vacant position, which is confirmed by judicial practice;
- the impossibility of being hired for a position with higher qualifications, given that an employee without proper education or clearance does not have the right to perform such duties; therefore, combinations are permissible only between equivalent categories of blue-collar professions or specialists;
- a ban on hiring without a medical examination, if the position requires the issuance of a medical record;
- the impossibility of assigning duties without undergoing training, given that the rules of safe behavior are established in all workplaces without exception.
