During the vacation of the social worker replacement is paid. Holidays: who should work? All ways to replace an employee. Holiday Combination

If the agreement says that the employee is accepted before the return of another employee from vacation, then you can dismiss him after this event. Termination of the employment contract before the end of the period specified therein will be unlawful and may be appealed in court. In this case, the employer will have to pay the time of forced absenteeism for the entire period while litigation will last. One of the substitution options may be to hire a remote employee (freelancer), → an employment contract with a remote employee. The document must indicate the period of validity and the grounds for its conclusion, for example, the provision of leave to the employee. If everything is clear with the reason, then the issue of the validity of the employment relationship is very controversial. When it is clearly known for how long the vacation is granted, there should not be a problem with the reflection of the term in the contract.

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

When drawing up a vacation schedule, the wishes of employees, the characteristics of the organization’s activities, as well as the circle of employees entitled, according to the Labor Code, to provide the next leave at any time convenient for them (at their request) are taken into account. Employees whose requests for time to use the holidays should be taken into account when creating a vacation schedule include (part three of Article 144 of the Labor Code): single parents (widows, widowers, divorced, single mothers), wives of military servicemen who bring up 1 or more children in up to 14 years old (disabled child - up to 16 years old); invalids of I and II groups; participants of the war of 1941-1945 and persons equated to them in terms of benefits; persons under the age of 18; students on the job in educational institutions (article 250 of the Labor Code); and other categories of employees, if provided for in a collective agreement, agreement.

If you want a vacation - look for a replacement

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i have been working as a seller for 11 months and I want to take the required vacation, the boss does not let go until I find a replacement for my vacation, is this right? Minimize Victoria Dymova Legal Support Support Officer Similar issues have already been addressed, try looking here:

  • Do I have to look for a vacation replacement?
  • Am I obliged to look for a replacement if the ship's captain does not let me go to the session?

Lawyers Answers (5)

  • All services of lawyers in Moscow Drawing up claims to the labor inspection Moscow from 6000 rubles. Reorganization by joining Moscow from 35,000 rubles.

I must seek a vacation replacement

An employer can do the following: What to do to an employer Substitution method Substitution of employees On-site employee recruitment Combining duties External employment Increase the volume of work Fixed-term employment contract Temporary transfer to another job Internal employment Substitution of an employee through hiring under a fixed-term employment contract One of the options for replacing an employee with vacation time is hired by a fixed-term employment contract. Thus, the organization can accept the employee from the outside to fulfill the labor duties of the employee who has gone on vacation. But a fixed-term employment contract may be appealed in court upon the subsequent dismissal of a temporary worker, if no evidence of the main job being submitted is presented.

Voting:

In this case, the employment contract must necessarily indicate that the work is part-time. Based on the concluded labor contract:

  • an order is issued for a part-time job in the form of No. T-1 **;
  • the order is announced to the employee against signature;
  • an entry is made in the workbook (at the request of the employee) (Article 66 of the Labor Code of the Russian Federation);
  • a separate personal card is drawn up in the form of No. T-2 **.

The duration of working hours when working part-time shall not exceed four hours per day. In the days when the employee is free from the fulfillment of labor duties at the main place of work, he can work part-time full time (shift).

Is an employee obliged to seek a replacement for his vacation?

Important

Substitution of an employee through temporary transfer It is characterized by the fact that an employee replacing a person who has gone on vacation is released from basic professional duties. Such a transfer is also possible only with the mutual agreement of the employer and the employee, drawn up in writing. Read also the article: → temporary and permanent transfer of an employee to another job.


Cases related to industrial necessity (accidents, industrial accidents, etc.) do not require written consent. But such a transfer is possible only for one month. Moreover, the salary should not be lower than the average salary at the previous job, it is mandatory to draw up an order with a written note on familiarizing the employee with it. Temporary transfer is possible for the period when the absent employee resumes his duties.

Vacation Change

Attention

Norma, N 22 of May 29, 2012 It so happened that, due to the lack of appropriate specialists, my wife and I work in the same department of an institution financed from the budget. The department is small, consists of 3 employees. We have been working for more than a year, have not been on vacation yet and want to use it at the same time. However, the head of the department demands to find an employee who will perform our duties during the holidays.


   There are no employees with similar specialties in the staff of the institution. Should I myself look for a replacement for the duration of my vacation? M. Gafarov. - According to article 144 of the Labor Code (hereinafter - TC), the priority of annual leave is determined by the schedule approved by the employer before the beginning of the calendar year in agreement with the trade union committee or other representative body of employees.

Holidays: who should work? all ways to replace an employee

So, in accordance with Article 57 of the Labor Code, the term of the contract and the circumstances (reasons) that served as the basis for concluding a fixed-term labor contract must be indicated in the labor contract. The basis in this case is the provision of leave (another or additional) to the employee of the organization. And what is the deadline? When hiring for a vacation (annual paid and (or) additional) one or another employee, it would seem that the end date of the vacation is known and can be issued just before this date.
   But what to do if an employee falls ill during a vacation and his vacation lasts for the number of days of illness indicated on the sick leave (Art.

The procedure for replacing an employee on vacation

Communication only on the Internet. No written agreement. Read answers (1) Subject: Summer holidays husband, soldier, gathered on vacation, order signed by higher authorities and a vacationer in his arms, order for a replacement for vacation time, read answers (1) Should I look for a replacement for myself vacation time. Which article of the Labor Code of the Russian Federation provides for this. Sincerely, Tatyana. Read the answers (1) I work as an accountant, the director sends me on annual paid leave. He is not going to read answers to pick up a replacement for my vacation time (1) Subject: Annual paid leave. I am soon leaving for paid leave.
   The head of the organization signed the order. The personnel department formalized it and took it to the accounting department to read the answers (1) Topic: Head of the organization I got a 5-day stay, worked for 5 days and then asked to replace the employee for vacation time.
  Topic: Labor law. I work in a budget institution. Can I rely on vacation compensation if it is not possible to use the vacation due to the lack of a replacement for the vacation time? Read answers (2) Topic: Providing annual paid leave I have this situation: on September 9 I go on vacation, but the employer says that I myself must look for a replacement for the vacation time, otherwise read the answers (1) How much does the employer legitimately require a replacement for the vacation time? Does he have the right to not sign the application, if you can’t find a replacement? Read the answers (1) I entered the state after making the vacation schedule, I was told that in this case the leave on application for 2 non-delimiting answers (1) Subject: Scheduling the holidays In connection with the absence of a replacement for the neonatologist’s vacation time, the maternity ward closes for 3 months.

Who is looking for a replacement employee on vacation

How does a manager's replacement take place? For the replacement of a manager during a vacation, certain requirements are made. Usually this obligation is assigned to the deputy, in the employment contract of which such a circumstance is stipulated. This allows you to not issue any additional agreements.


If such an opportunity is not stipulated in the labor agreement, then it is necessary to issue an order to replace the head. Also, the procedure for the replacement of the leader can be reflected in the job description of the deputy. The same document must indicate whether the deputy has the right to sign during the absence of the head. Answers to current questions Question number 1. How to correctly calculate the amount of surcharge to the deputy head of administration for the period of temporary performance of the duties of the head due to his vacation? Answer.
  Does the head physician have the right to provide another place of work to all medical workers? Read answers (1) Topic: Labor law On December 22, I should begin the laid-off leave for 14 slaves. days. I have been working in Mariya-ra as an administrator for 2 yearsread the answers (1) Topic: Protection of rights Does the employer have the right to refuse vacation for two years? As a rule, they advocate justification. There is no substitute for a vacation. Read answers (1) During the vacation, the master trainee worked for me, when leaving the vacation the boss wants to transfer me to another shift to replace the ill master, to read the answers (2) Subject: Transfer to another place work I work in the store 2/2 for 12 hours. The partner goes on vacation, the boss makes him work for 2 weeks without days off. Should they seek a vacation replacement? Read answers (1) A friend asked to look after her elderly father with dementia. And I went abroad for permanent residence.

Surcharge for replacement on vacation is an important aspect of the relationship between the employee and the employer when it comes to replacement. There are many ways to replace, and the size of the supplement will depend on which employer chooses. In our article we will consider how the replacement of vacationers and its payment occurs.

  Fulfillment of duties of a temporarily absent employee

There are several ways to replace vacationers:

  • Combination. The employee combines his work and the work of the vacationer (Art. 60.2 of the Labor Code of the Russian Federation).
  • Temporary transfer. The employee performs only the duties of the vacationer (Article 72.2 of the Labor Code of the Russian Federation).
  • Part-time job. The employee spends free time from the main work for the vacationer (Art. 60.1 of the Labor Code of the Russian Federation).
  • Reception of a temporary staff member. The 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).

  Extension of duties or combination

If one employee goes on vacation, another may be assigned to fulfill his duties without relieving him of his main job. This work may or may not correspond to his position (Article 60.2 of the Labor Code of the Russian Federation).

If the additional work is similar to the work of the employee - this is an extension of responsibilities, if not - combination.

It is impossible to force an employee to perform additional work. The employee must give written consent.

Surcharge for the performance of duties of a temporarily absent employee is stipulated in an additional agreement and may be made for the 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 specify how the substitution is paid for the vacation time and the period for which it is drawn up.

Each of the parties to the employment relationship may terminate them ahead of schedule. For this, the initiator of the termination must, in 3 working days, notify the opposite side of this in writing.

But it may happen that no one gets a supplement for an absent employee. This happens when an employee replaces a colleague with similar labor functions and this type of substitution is clearly specified in his job description. In this case, the written consent of the employee is also not required.

Example

LLC "Cuckoo". In January, the cashier goes on vacation for 14 calendar days (10 working days). For the duration of his vacation, his duties agreed to be performed by a second accountant.

An order to combine posts is being issued. It indicates that the surcharge for combining will be calculated in proportion to the time worked.

The salary of an accountant 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) \u003d 1000 rubles.

The size of the extra charge for 10 working days was: 10 days. × 1000 rub. \u003d 10 000 rub.

Total, in January, the accountant will receive a salary: 20,000 rubles. + 10 000 rub. \u003d 30 000 rub.

From this amount, it is necessary to withhold personal income tax (13%) and pay dues.

  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 work place of the vacationer. The term of transfer corresponds to the term of vacation of an absent employee (Article 72.2 of the Labor Code of the Russian Federation).

Translation is possible only with the written consent of the employee. The supplementary agreement to the employment contract indicates the terms of the transfer. After that, a transfer order is issued.

What to look for when compiling it, you will learn from the article “Order on the transfer of an employee to another position - a sample”.

After completing the transfer for the employee, this workplace becomes the main one, and, therefore, he must undergo the entire briefing, like the rest of the employees.

In the work book, the transfer and return to the main place of work do not reflect in any way.

Surcharge for the performance of duties of a temporarily absent employee occurs in the amount specified in the supplementary agreement.

Upon the return of the main employee to work, it is necessary to send a replacement employee a notice on the expiration of the transfer term and draw up an order to terminate the duties of a temporarily absent employee .

If the term of the transfer has expired, and the employee was not given the opportunity to return to his main job and he did not demand his reinstatement at it, then the agreement on the temporary transition will lose its force. Temporary work becomes mainstream.

  How is part-time drawn up and paid

If the expansion of labor duties is not possible, the employer may apply for part-time employment (Article 60.1 of the Labor Code of the Russian Federation).

Part-time work is the performance of additional duties in free time from the main work. But this time is normalized and should not exceed half the monthly norm of working time. It is the employer's responsibility to ensure that this norm is not exceeded. All other functions remain unchanged (Articles 282, 284 of the Labor Code of the Russian Federation). Internal part-time make out the conclusion of a separate labor contract.

Compensation for part-time workers may be made in proportion to the time worked or for the amount of work actually performed. This should 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). For the time of his vacation, a part-time worker was issued in 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) \u003d 420 rubles.

The amount of payment 10 working days was: 10 days. × 420 rubles \u003d 4200 rub.

From this amount, it is necessary to withhold personal income tax (13%) and pay taxes to the funds (30%).

  Reception of a temporary staff member

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 preferred for enterprises that have technically challenging jobs. And if you try to combine them, the whole labor process may suffer. For example, it could be a large manufacturing enterprise. The technician of technically sophisticated equipment goes on vacation. The advantages of hiring a temporary employee are obvious: the manager receives a full-time employee, and the work process does not stop.

Payment, terms and conditions of work are negotiated and indicated upon conclusion of a fixed-term employment contract.

  Summary

If an employee goes on vacation at the enterprise, then in his place, most likely, it will be necessary to choose a replacement. There are several options for such a replacement. Choose the one that is convenient for you. But whichever of them you choose, remember that the obligation to pay extra for fulfilling the duties of a temporarily absent employee cannot be neglected.

A worker’s vacation should not affect the organization’s work. Therefore, when it is not possible to distribute the duties of the vacationer among the remaining employees without increasing the workload for them, registration or substitution is made.

Holiday Combination

The combination consists in the fact that the employee selected by the employer performs both his work and the work of a colleague who has gone on vacation (Article 60.2 of the Labor Code of the Russian Federation).

Combining on vacation time is possible only with the consent of the employee, who is scheduled to be entrusted with the performance of labor duties of the vacationer.

Holiday Combination Payment

An employee who combines his work and the work of a vacationer, in addition to his own salary, is entitled to an additional payment for combining. The size of this surcharge is determined based on the volume and specificity of the additional work performed. The surcharge is established by agreement between the deputy employee and the employer (Article 155 of the Labor Code of the Russian Federation). It can be set both in a solid amount, and, for example, as a percentage of the salary of an employee who went on vacation.

Combination agreement

An additional agreement to an employment contract when combining posts for the duration of an employee’s vacation can be executed as follows:

Supplementary agreementto the employment contract dated December 22, 2011 No. 21-TD

moscow 05/10/2016

Silk Road Limited Liability Company, hereinafter referred to as the "Employer", represented by General Director G. Shelkopryadov, acting on the basis of the Charter, on the one hand, and Lyudmila Konstantinovna Smetanina, hereinafter referred to as the "Worker", on the other hand collectively referred to as the "Parties" have entered into this agreement as follows.

1. In connection with the senior cashier being in the annual main paid vacation, EM Zolotareva In the period from May 16, 2016 to May 29, 2016 inclusive, along with the work specified by the labor contract, the assignment of labor duties is entrusted to Zolotareva EM in accordance with her job description, which the Employee is familiar with before signing this agreement.

2. An employee shall be paid an additional payment for combining posts for the duration of the vacation EM Zolotareva in the amount of 10,000 rubles.

3. The employee has the right to prematurely refuse additional work, and the Employer - to cancel the order to fulfill it ahead of schedule, warning the other Party in writing not later than 3 (three) business days.

4. This agreement is an integral part of the employment contract.

Signatures of the parties

Employer _________ G.S. Silkworms

Worker __________ L.K. Sour cream

Holiday Combination Order

The combination is made out by an appropriate order, in which it is desirable to reflect:

  • the reason why the employee will combine his and other's work. In this case, the reason is another employee’s vacation;
  • the time for which the employee has to combine his work and the work of the vacationer;
  • duties that the employee will perform in connection with the combination;
  • amount of surcharge for combination.

Holiday Combination Order: Sample

This order may look like this:

Silk Road LLC Combination Order

10.05.2016 № 33

In accordance with Art. 60.2 of the Labor Code of the Russian Federation I order:

1. In connection with the release of the senior cashier, Zolotareva EM from May 16, 2016 to May 29, 2016, assign the duties of a senior cashier in accordance with the job description in the order of combining posts to accountants L.K. Smetanina

2. Install Smetanina L.K. for a given period of time, an additional payment of 10,000 (ten thousand) rubles.

General Director G.S. Silkworms

Familiarized with the order:

Accountant L.K. Sour cream

Against combination

positions do not mind L.K. Sour cream

Surcharge for combination and personal income tax

The amount of the surcharge due to the part-time employee is subject to personal income tax, as well as insurance premiums in the generally established manner.

Combination of posts and personnel documents

Information that the employee combined his work and that of the employee on vacation is not reflected in his work book, or in his personal card, or in the timesheet.

Vacation Substitution

Vacation substitution is the transfer of an employee to a vacationer place (article 72.2 of the Labor Code of the Russian Federation). Those. the employee does not fulfill his labor duties at the time the vacationer is replaced, but only performs the work of the employee who has gone on vacation.

Temporary transfer of an employee shall be executed in a written agreement between the employee and the employer. Such an agreement can be made by analogy with the combination agreement, replacing the information in it with information that is suitable for a particular situation (for example, indicating the size of the salary for the replacement period, as well as information that during the replacement period the employee performs only the vacationer's work).

Employee replacement during vacation: payment

An employee replacing a colleague during his vacation receives a salary in accordance with the work performed.

Vacation Submission Application: Sample

When replacing the application is not executed. However, a substitution order must be drawn up. To compile it, you can use one of the unified forms (T-5 or T-5a, approved. Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1). For example, a replacement order in form T-5 will look like this:

The code
OKUD form 0301004
Silk Road LLC   by OKPO 45617843
name of company
Document Number Date of preparation
Order
  (disposition)
  on transferring an employee to another job		 33 10.05.2016
the date
Transfer to another job with 16.05.2016
by 29.05.2016
Personnel Number
Smetanina Lyudmila Konstantinovna
full Name 		145
temporarily
type of transfer (permanent, temporary)
Former place of work Bookkeeping
structural subdivision
Accountant
annual main paid vacation of the senior cashier EM Zolotareva
reason for transfer
New job Bookkeeping
structural subdivision
Senior cashier
position (specialty, profession), category, class (category) of qualification
Tariff rate (salary) 45,000 rubles. 00 kopecks
  in numbers
Extra charge --- rub. - cop.
  in numbers
Base:
  Amendment to the employment contract dated May 10, 2016 No. 21-TD; or other document _____________________________________________________________________
  document (statement, medical report, etc.)
Head of the organization General director ______________ G.S. Silkworms
  position personal signature decryption of signature
With an order (decree)
The employee is acquainted ___________________ "May 10", 2016
  personal signature

Payment on replacement and personal income tax

As with the combination, the money received by the employee for the replacement of the vacationer is subject to personal income tax and insurance premiums in the usual manner.

Everyone should rest. But leaving an employee on vacation should not disrupt the normal course of work of the organization. Therefore, while one is resting, the other fulfills all or part of his duties. How to draw up and pay for additional work?

When substitution is a combination

V.A. Vasilyeva, Lipetsk

In our organization, the chief engineer, while the manager is on annual leave, performs his duties along with his own. What is it: substitution or combination?

: In the Labor Code of the Russian Federation, substitution refers to a transfer to replace a temporarily absent employee. In this case, the employee is relieved of his work for the duration of the duties of another employee during his temporary absence in case of illness, vacation, business trip. Payment during the transfer is made according to the work performed. art. 72.2 of the Labor Code of the Russian Federation.

TELL THE HEAD

One employee can be assigned performance of duties of several absent workers at once art. 60.2 of the Labor Code of the Russian Federation.

In your case, we are talking about substitution in the order of combination. That is, the employee during the working day, along with his duties, performs the duties of the post of a temporarily absent employee art. 60.2 of the Labor Code of the Russian Federation. For combining the employee needs to pay extra. The size of the surcharge is determined by agreement with the employee, taking into account the volume or content of the additional work entrusted to him. Moreover, the Labor Code of the Russian Federation does not establish either a minimum or maximum amount of such surcharge art. 151 of the Labor Code of the Russian Federation.

Working two shifts in a row is not a combination

E.A. Magina, Tver

Our organization has a two-shift mode of operation. One employee goes on vacation in July. Can we entrust his work for this time in order to combine his successor?

: No, you can’t do that. Firstly, this is not a combination, since the duties of an absent employee are supposed to be performed not during their working day, but at the end of art. 60.2 of the Labor Code of the Russian Federation. Secondly, work for two shifts in a row is prohibited and art. 103 Labor Code of the Russian Federation.

Scheduled day-off substitution is weekend work

R.P. Sabinina, Penza

In our store, sellers work on a “week in a week” schedule. In June, one of them went on vacation, the other works for him in his week and in his own. How to correctly calculate the second amount of surcharge for substitution?

: This is not a substitute, because an employee does work for another employee on his days off. Moreover, this is not prohibited if the employee agrees to art. 113 Labor Code of the Russian Federation. But since this is work on the weekend, then you need to pay for it at least in double size e art. 153 of the Labor Code of the Russian Federation.

Director cannot temporarily transfer second signature rights to himself

IN. Kravets, Samara

The director wants to distribute his duties as follows for the time of the vacation of the chief accountant: he will sign financial documents for the chief accountant, and the rest of the duties will be performed by the ordinary accountant. How to arrange it correctly?

: As far as we understand, your director owns the right of first signature, and the chief accountant - the right of second signature and p. 7.5, 7.6. Instructions of the Central Bank dated September 14, 2006 No. 28-I. However, you cannot transfer to the director the right to sign financial documents for the chief accountant during his vacation a. Therefore, for the period of vacation of the chief accountant, you need to draw up a new card in the bank, where the right to second signature is transferred to another employee.

TELL THE HEAD

One employee of an organization cannot have simultaneously the rights of the first and second signatures and clause 7.9 of the Central Bank Instructions dated September 14, 2006 No. 28-I.

And with an accountant who will perform the remaining duties of the chief accountant, you need to conclude an additional agreement to the employment contract, in which to establish an additional payment for combining articles 60, 60.2, 151 of the Labor Code of the Russian Federation. After that, it is necessary to issue an order vesting him with the duties of the chief accountant, with the exception of the right to sign financial documents.

A replacement order is needed if the manager does not have a deputy

A.N. Mironova, Kostroma

Do I need to issue an order to transfer the powers of the CEO for the duration of the vacation, if we have a bunch of employees who, by proxy, sign documents for the CEO?

: Yes, it is necessary if your organization does not have the position of deputy general director.

Granting the employee the right to sign documents does not indicate that he, in the absence of the director, exercises his authority to manage the organization.

Therefore, the CEO must appoint one of the employees by order to exercise his powers.

If the chief accountant performs the duties of a cashier, you need to issue a combination

EAT. Radko, Krasnodar

The cashier goes on vacation. At this time, he will be replaced by the chief accountant, whose duties do not include the replacement of the cashier. How to make a substitution in this case?

: During the cashier's vacation you need:

  • conclude with the chief accountant:

An additional agreement to the employment contract on the fulfillment of the duties of a cashier, in which an additional payment should be established, and if necessary, include a condition on full material liability and articles 60, 60.2, 151 of the Labor Code of the Russian Federation;

Full liability agreement and n. 2 h. 1 Article 243, Art. 244 of the Labor Code of the Russian Federation;

  • to sign with the head an order to combine the position of the cashier as the chief accountant.

Before transferring cases from the cashier to the chief accountant for accounting, you need to conduct an inventory of cash section 2, Art. 12 of the Law of November 21, 1996 No. 129-FZ.

Deputy chief accountant can not pay extra for combination

L.Yu. Abashkina, Belgorod

The employment contract with the deputy chief accountant states that he performs the duties of the chief accountant during his temporary absence. In the employment contract and in the internal documents of the company no surcharge for this is provided for the deputy. Can we not pay extra to the deputy taking into account the fact that the volume of his work during the vacation of the chief accountant increases significantly? Correctly, we are doing that we are not issuing orders to assign the duties of the chief accountant to his deputy for the duration of the vacation?

: The temporary performance of duties of the chief accountant is included in the terms of reference of his deputy, which means that he has already been taken into account when setting his salary Letter of the Ministry of Health and Social Development of March 12, 2012 No. 22-2-897. Therefore, the substitute can not pay extra for combining. Although if the amount of work during the period of vacation of the chief accountant increases significantly, you can set surcharges at art. 151 of the Labor Code of the Russian Federation.

You are doing the right thing that you are not issuing an order for the deputy chief accountant, because he is acting as his chief during his vacation automatically.

If during a temporary absence of the chief accountant the deputy is entitled to sign financial and primary documents, invoices, etc., then the chief accountant must issue a letter of attorney to his deputy art. 185 Civil Code.

The boss can be paid extra for the duties of a subordinate

P.A. Grigoryeva, Yaroslavl

Is it possible to make an additional payment to the boss, who performs the duties of his subordinate, who is on vacation?

: The boss is the same employee as everyone else. Therefore, the issue of establishing an additional payment to the chief for the performance of the duties of a subordinate during the vacation is decided by agreement and art. 151 of the Labor Code of the Russian Federation. In addition, now it is not prohibited by law on sub. “A”, clause 15 of Decree of the Council of Ministers of the USSR dated 04.12.81 No. 1145 (expired on March 10, 2009 in connection with the adoption of Government Decision dated 10.03.2009 No. 216).

You can set any order for determining the amount of surcharge for combination

L.B. Kobzeva, Bryansk

Along with his work, the pieceworker also performed the work of an employee on a salary who was on vacation. How to pay him extra work?

: In the Labor Code of the Russian Federation there are no rules for determining the amount of surcharge for combining art. 151 of the Labor Code of the Russian Federation. Therefore, you can establish, by agreement with the contractor, the size of the surcharge, taking into account the amount of work performed, for example, in a fixed amount or as a percentage of the salary of a replaced employee.

The amount of surcharge to a part-time worker is not limited to his salary

Yu.I. Chashkina, Ivanovo

Our organization has an external part-time job. By order, he combined to replace the absent core employee within 10 working days in June. A part-time salary based on half the salary is 5500 rubles. Salary for a combined position - 14,000 rubles. How to calculate the surcharge: from the full salary or from half (since this is a part-time job), if the size of the surcharge is set at 50% of the salary for a combined position?

: The fact that the part-time worker, taking into account the time worked, receives half his salary for his main work, has nothing to do with the amount of the additional payment for combining. Therefore, if the size of the surcharge is set as a percentage of the salary for a combined position, then the surcharge must be calculated from the full salary of the absent employee.

STEP 1.   Calculate the amount of surcharge for a day: 14,000 rubles. x 50% / 20 days (the number of working days in June according to the production calendar) \u003d 350 rubles.

STEP 2.   Determine the amount of surcharge for 10 working days: 350 rubles. x 10 days \u003d 3500 rub.

STEP 3.   Determine the part-time salary for June, taking into account the surcharge: 5500 rubles. + 3500 rub. \u003d 9000 rub.

In any organization, a situation may arise when an employee is absent for a long time - he is ill, is on vacation or a long business trip, is trained with a separation from work, etc. However, the work must be done. We’ll talk about the options for assigning the duties of a temporarily absent employee to another employee today: we’ll tell you how to arrange such a performance of duties, whether you need to make an entry in the work book, and answer the questions that arise along the way.

The Labor Code offers more than one option for fulfilling the duties of a temporarily absent employee:
  - without exemption from work specified in the employment contract;
- temporary transfer;
  - movement;
  - part-time;
  - fixed-term employment contract.
  Let us consider in more detail 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 instructed to carry out, during the established duration of the working day (shift), along with the work specified in the labor contract, additional work in another or the same profession (position) for an additional payment. If additional work will be carried out in another profession (position), this will be a combination, and if in the same profession (position) - expansion of service areas, increase in the volume of work.

Moreover, 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 exemption from work specified in an employment contract, an employee may be assigned additional work in either another or the same profession (position).

The period during which the employee will perform additional work, its content and volume shall be determined by the employer with the written consent of the employee and drawn up by agreement. The same agreement also confirms the size of the surcharge 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 replacement).

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

Note.   If the assigned work in another profession requires additional skills or education, evaluate whether the employee will be able to perform it without harming his work, otherwise it is better to use a different replacement option.

However, the author does not agree with this position, and that is why. Involvement in the temporary performance of duties of an absent employee shall in any case be carried out by the issuing of the relevant order (order) by the employer, as required by the Explanation of the USSR State Committee for Labor N 30, VTsSPs N 39 of 12/29/1965 “On the procedure for payment of temporary substitution”, regardless 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 an additional payment for additional work is also not dependent on the presence or absence in an employment contract (job description) of an indication of the performance of duties of an absent employee. Therefore, we believe that an employee for any additional work is in any case entitled to a surcharge in the amount determined by the parties to the employment relationship.

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

Limited Liability Company Vesna

Order N 41
  On the assignment of additional work in combination of posts

In connection with the absence of a payroll accountant V.L. Anokhina due to continuing education on the basis of art. 60.2 and 151 of the Labor Code of the Russian Federation

I order:
  1. To charge the senior accountant A. Volkova performing, within the established working day duration, along with the work specified in the labor contract, additional work as an accountant for payroll for additional payment.
  2. Install Volkova A.S. a monthly supplement for performing additional work in the order of combining posts in the amount of 12,000 rubles.
  3. Determine the term combination A. Volkova as a payroll accountant from 05/15/2013 to 07/19/2013.

Ground of decision: additional agreement of 05/14/2013 to the labor contract of 05.08.2009 N 9-08.

Director Medvedev / Medvedev A.D. /

Familiarized with the order:
  accrual accountant
  Anokhin's salary, 05/14/2013 / Anokhina V.L. /
  Senior Accountant Volkova, 05/14/2013 / Volkova A.S. /

Remember that the employee has the right to prematurely refuse to perform additional work, warning the employer in writing not later than three working days (article 60.2 of the Labor Code of the Russian Federation). The employer may also early cancel the order on its implementation, notifying the employee of this at the same time.

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 indicated in the labor contract), while continuing to work with 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 of the Labor Code of the Russian Federation. In particular, according to this norm, 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, for whom the place of work is retained in accordance with the law, the term of such a transfer may be more than a year (for example, for the period of leave to care for a child under the age of 1.5 years).

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

The conditions of the temporary transfer and its duration are agreed upon by the parties in an additional agreement to the employment contract. Based on such an agreement, a transfer order is issued. Recall that the unified forms of orders established by Decree of the Goskomstat of the Russian Federation dated 01.01.2004 No. 1 are not mandatory since 2013, therefore, a transfer order can be issued in a form approved by the organization. At the same time, it is important to indicate in the order the nature of the transfer - temporary and give the details of the transfer agreement - its date and number as the basis. With such an order, the employee must be acquainted with the signature.

Note.If, at the end of the term of the transfer, the previous work was not provided to the employee, but he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer shall cease to be valid and the transfer shall be considered permanent.

Question: Is the employee’s signature on the temporary transfer order sufficient for the transfer agreement to be deemed reached?

No, not enough. A separate document is needed - an agreement in which the parties, on an equal footing, determine the conditions for a temporary transfer. It is such an agreement, signed by both parties to the employment relationship, that is the basis for issuing the transfer order.

Remember that if the employee’s duties change during the 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 the entry in the workbook, we say the following. Neither the Rules for maintaining and storing labor books * (1), nor the Instructions for filling out labor books * (2) provide for the entry in the labor book of entries on a temporary transfer. In addition, Art. 66 of the Labor Code of the Russian Federation it is established that information on the employee, the work performed by him, transfers to another permanent job and on the dismissal of the employee are entered in the workbook. Accordingly, you do not need to record a temporary transfer.

Often the question arises whether it is necessary to arrange the return of the employee to a permanent place. The Labor Code does not give an answer. However, in order to avoid controversial situations, we recommend that you send the employee a notice of the exit 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 the old post. It is compiled in any form.

Moving. To replace a temporarily absent employee, you can use the relocation. It, unlike the transfer, does not require the consent of the employee, provided that it is carried out to another workplace, to another structural unit located in the same locality, and this does not entail a change in the terms of the labor contract specified by the parties (Part 3 of Art. 72.1 of the Labor Code of the Russian Federation). Without the consent of the employee, you can move to work on another mechanism or unit, but subject to the above conditions.

In order to find out whether it is possible to move an employee, it is necessary to check the employment contract with him. Quite often, employers indicate the name of the structural unit in which the employee will work as the place of work, and meanwhile, in accordance with Art. 57 of the Labor Code of the Russian Federation, it is necessary to call a structural unit only if the employee is admitted to a branch, representative office or other separate unit located in another locality.

Note. Under another locality, by virtue of clause 16 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2 “On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation”, this refers to the locality outside the administrative-territorial borders of the respective locality.

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

We attract labor from

If the duties of the absent employee are extensive, and other employees of the company are heavily loaded with work so as not to disrupt the production process, the employer may decide to attract outside workers to replace the temporarily absent employee.

Part-time job. This option of 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 filling out a part-time job. Article 282 of the Labor Code of the Russian Federation defines a part-time job - the employee performing other regular paid work on the terms of an employment contract in his spare 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 combining is not only the existence of a separate employment contract, but also the length of working time. So, by virtue of Art. 284 of the Labor Code of the Russian Federation, the duration of working hours during such work should not exceed four hours per day. In the days when the employee is free from the fulfillment of labor duties at the 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 the output or on other conditions determined by the labor contract. When the persons working in combination with time wage are set, the normalized tasks are paid according to the final results for the amount of work actually performed.

To apply for part-time work, the employee submits the documents specified in Art. 65 of the Labor Code of the Russian Federation, and a certificate of the nature and working conditions of the main place of work (Article 283 of the Labor Code of the Russian Federation) - when applying for hard work, work with harmful and (or) dangerous working conditions. One caveat: the part-time worker does not submit the work book, since all the 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 workbook about part-time work, then he needs to submit a document confirming part-time work at his main place of work (Article 66 of the Labor Code of the Russian Federation).

Then an employment contract is concluded, which must necessarily indicate that the work is part-time. Well, of course, other actions are taken to register a job: a job order is issued, a personal card is issued (even to an internal part-time job).

Fixed-term employment contract. If other options for replacing an absent employee did not fit, you can use another one - the conclusion of a fixed-term employment contract with a new employee. However, in this case, 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 established for an 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 of the Labor Code of the Russian Federation. For our situation, the basis indicated in para. 2 part 1 of this article: for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law, a collective agreement, agreements, local regulatory acts, an employment contract, the place of employment is retained.

Note! Based on Art. 57 of the Labor Code of the Russian Federation, when concluding a fixed-term employment contract, it is necessary to indicate the date of commencement of work, as well as its validity and 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 term of an employment contract, it is advisable to indicate not only the term of the contract, but also the date of its expiration, since in the future this will help to avoid disputes when the contract is terminated due to the expiration of its term. For example, the wording may be as follows: “This agreement is concluded for the period of training of an accountant Sorokina R.Z. from 03/04/2013 to 06/04/2013. "

But what about when the end date of the work, and the very duration of the contract, is difficult to determine, for example, when replacing an employee for the period of parental leave? In this case, the wording may be as follows: “This agreement is concluded for the period of vacation Kalmikova I.D. for caring for a child under three years of age. "

With such replacement of the absentee, the same documents are drawn up as when hiring an ordinary employee: an employment contract, an order for hiring, a personal card. In addition, you need to make an entry about admission in the workbook, without indicating that the employee is accepted for a certain period. This is confirmed by the explanations of Rostrud in the Letter dated 06.04.2010 N 937-6-1.

It should be noted that an employment contract concluded for the duration of the duties of an absent employee terminates with his going to work (Article 79 of the Labor Code of the Russian Federation).

Finally

When the head of the organization is temporarily absent, quite often a person is appointed to perform his duties. Yes, and in the documents you can often see the signature marked "acting". We will say right away that the “acting” position does not exist. However, for some time to appoint "acting" still possible.

If the duties will be performed by a person whose job description or employment contract contains a clause on the performance of duties of a manager or other employee, it is necessary to issue an appropriate order for this clause to take effect (the substitution condition in a labor contract means that the employee is obliged to fulfill it only 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, to perform additional work as an absent employee, that is, art. 60.2 of the Labor Code of the Russian Federation and issue a combination.

In any of these cases, an employee replacing an absent employee must be paid extra.

T.V. Shadrina,
  magazine expert
  “Remuneration: accounting and taxation”

 

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