How to formalize the hiring of an employee for the period of temporary transfer of the main employee (transfer from a mechanic to a boiler room operator) After the end of the boiler room operating season, everything will return to its place.

In what ways can you assign responsibilities to another person?

An employee’s illness can negatively affect the activities of the entire company as a whole. This is especially true in cases where a specialist involved in very important areas, for example, finance or production technology, is ill. In such situations, it is necessary to find a temporary replacement for the missing one.

In practice, two options for replacing an employee are used:

Substitution. This method involves assigning the responsibilities of an absent specialist to another in full.
Combination. In this case, the substitute performs only some of the functions of the absent person, combining them with his main activity.

Important! The procedure is formalized by an order from the head of the company, which the replacement employee must be familiarized with and signed.

Procedure for substitution (temporary transfer)

Replacement, like any other procedure related to labor relations, is implemented in several stages. First, you need to talk with the employee to whom the manager plans to assign the duties of the sick person. Afterwards all necessary documents are prepared. Finally, the information is sent to the accounting department, which will charge the appropriate payment.

Is it always necessary to document an order?

According to the requirements of current legislation, an employee can be entrusted with performing the functions of an absent specialist. This will require the person's consent. If the parties have reached an agreement, then the manager issues an order of the appropriate nature, which will be the basis for the calculation of additional payment in the future.

But it is not always necessary to issue an order. In some cases, an order will not be required. This applies to the category of employees who were initially appointed to the position with the condition of possible replacement of a temporarily absent employee, for example, deputy managers. Such a condition must be specified in the contract. As compensation, the employee is given a cash bonus or additional days to the main vacation.

Preliminary discussion

The employee’s consent to replace a temporarily absent person is one of the conditions for the assignment of additional responsibilities. For this reason, the head of the company will need to discuss this issue with the person. During the conversation, the terms of compensation and the scope of additional responsibilities are discussed.

At the same time, Article 72.2 of the Labor Code of the Russian Federation somewhat expands the powers of the manager, granting the right to assign additional responsibilities to the employee without his consent. This is possible in the case of:

disasters;
industrial accidents;
natural Disasters.

Attention! Consent will also not be required if the absence of a specialist will negatively affect the company’s activities, that is, it may lead to a temporary suspension of work, damage or destruction of material assets.

Required documents

The procedure for assigning the duties of a sick employee to another specialist involves the preparation of a number of documents.

These include:

Report from the immediate superior of the absentee.
Application for replacement.
Leader's order.

Information about the temporary replacement of a sick person is not entered into the work book . Information is indicated only on the replacement employee’s registration card.

Service memo

The norms of the Labor Code of the Russian Federation do not directly indicate that it is necessary to draw up a memo in connection with an employee’s illness. But in practice, the local rules of most organizations provide for the preparation of such a document.

The note is drawn up in writing and sent to the head of the company. It should indicate the following:

Manager details.
Name of the structural unit.
Information about the sick employee.
The date from which he is missing.

Attention! The sick person’s immediate supervisor draws up and signs the memo.

Statement

Another document that can be issued during sick leave is an application for replacement. It is drawn up by an employee who will replace the person who has gone on sick leave and will officially confirm that he is not against performing the duties of a sick colleague.

Like a memo, the application is made in writing. It indicates the start time of sick leave, as well as information about the employee who will temporarily perform duties.

Order to assign duties to another employee

Almost always, an order to assign the duties of a sick specialist to another employee must be issued. The exception is cases when a person is initially a substitute specialist and such a rule is specified in his contract. The order is issued in writing.

The order assigning the duties of a sick specialist to another employee states:

Name of company.
Information about the absent and replacement employee.
Replacement start date.

The order is signed by the head of the company. The document must be reviewed and signed by the replacement employee.

Additional agreement to the TD

An additional agreement to the employment contract may be required. It is issued if a person remains working in the company, but is completely relieved of the duties of his position for the duration of his replacement. The additional agreement, like the employment contract, is drawn up in writing, in two copies. It indicates the period and name of the position for which the replacement will take place.

Payment Features

The procedure for paying specialists who replace sick people is established by Article 151 of the Labor Code of the Russian Federation. It states that additional payment for the assignment of additional duties must be made without fail. The amount of such payment is established by the parties to the labor relationship, taking into account the volume of workload and the deductions made.

Replacing a temporarily absent employee

During the summer, the issue of replacing workers on vacation is especially relevant. To ensure that the temporary absence of an employee does not disrupt the normal course of work of the organization, it is necessary to take care in advance of transferring his powers and job responsibilities to another employee. We'll tell you how to do this in the article.

Document: Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code).

Registration of replacement for a temporarily absent employee

If during the period of vacation (or temporary disability, business trip) the employee’s duties will be performed by another employee, this will require documentation.

There are several ways to temporarily register an employee as a replacement. The employer needs to choose the one that will be optimal for the organization, situation or position of the employee being replaced.

Substitution methods

1. Entrust the performance of the duties of a temporarily absent employee to another employee for additional payment.

Employees who perform for the same employer, along with their main work stipulated by an employment contract, the duties of a temporarily absent employee without release from their main work during the duration of the working day (work shift) established by law, are paid additionally for performing the duties of a temporarily absent employee ( Part one of Article 67 of the Labor Code). The duties of a temporarily absent employee may be performed by the same employer during the duration of the working day (work shift) established by law. In this case, the reason for the employee’s absence does not matter (vacation, disability, business trip, etc.).

How to apply. Fulfill the duties of a temporarily absent employee and establish the appropriate additional payment by order (instruction). There is no need to make changes to the employment agreement (contract) with the employee or draw up an additional agreement. Performing the duties of a temporarily absent employee is permitted only with the consent of the employee.

Exception. Please note that in case of temporary absence (vacation, business trip, illness) of the head of the organization, there is no need .

The consent of a full-time deputy to perform such duties is not required (unlike other employees), since replacing a manager is part of his job responsibilities.

Since replacing a manager during the period of his temporary absence is part of the labor function of full-time deputies, they are not entitled to additional payment for performing the duties of a temporarily absent head of an organization or structural unit.

Combination order

Combining professions or positions is one of the forms of temporarily replacing an absent employee. It is somewhat different from substitution. The features of this procedure are:

Mandatory consent of the employee. It must be in writing.
Clear deadlines for combining. They are established by the manager with the written consent of the employee.
A person has the opportunity to cancel the combination unilaterally. But he will have to notify the manager about this in writing three working days in advance.

Reference. The rules of combination are reflected in Article 60.2 of the Labor Code of the Russian Federation.

Order

The order for combination must be executed , since it is documentary evidence of the mutual agreement of the parties. It is drawn up in writing and delivered to the employee against signature. In addition to general mandatory information, the order must also contain specific wording. The text must indicate that the specialist will perform the duties of the position in a combination manner.

Additional agreement to TD

An additional agreement to the employment contract will be required if the content of the latter undergoes changes. For example, a person worked for a company for some time, but then he was offered to combine positions. In this case, you will need to draw up an additional agreement to the contract. It should indicate that the duties will be performed in a combination manner.

Payment nuances

Payment for combination is made according to the same rules as replacement. The amount is determined by agreement of the parties, taking into account the volume of workload and deductions from earnings. In practice, the combination is compensated in the form of a salary supplement.

Is it possible to hire a new employee during this period?

During a person’s illness, the manager has the right to hire another specialist to work. This is not about substitution or combination. In this case, you can conclude a new employment contract. Labor relations with this category of workers have distinctive features.

The basis for hiring a person to replace an absent specialist is the latter’s illness. It gives the manager the right to hire another employee for the position. Such employment relationships will be temporary. They will be limited only to the illness of the primary specialist. The applicant himself must meet general criteria - health status and special education, if required for appointment to the position.

How to apply?

The procedure for receiving a primary specialist during illness does not have any distinctive features:

the applicant submits an application to the head of the company, who considers it;
after this, an order for employment is issued and an employment contract is drawn up;
Finally, a corresponding entry is made in the person’s work book.

In any case, the basis for starting the hiring procedure is the application of the applicant. It is drawn up in writing and sent to the head of the organization. It indicates the details of the organization, the employee, and also that the person wishes to enter into an employment contract for the duration of the treatment of the absent specialist.

In case of a positive result, a fixed-term employment contract is concluded with the person under Article 59 of the Labor Code of the Russian Federation. It is drawn up according to the general rules in writing, one copy for each of the parties. In addition to the mandatory conditions, the contract must contain information about the validity period. In this case, they are conditioned by the occurrence of certain circumstances, namely, the departure of the main employee. The contract term is not tied to a specific date.

After the conclusion of the contract, an order must be issued, signed by the manager. It indicates all the required details, as well as the fact that the person is hired only for the duration of the illness of the main employee.

The hiring procedure to replace a sick employee involves filling out some personnel documents:

First of all, this is a work book. It must contain a record of employment for the period of illness of the main specialist.
It is also necessary to fill out a personal card for the person.

How to fire?

Important! The basis for termination of employment with a temporary employee is the occurrence of a certain date or circumstances. In the case of sick leave, this will be the exit of the main employee. From this moment on, the employment relationship with the replacement specialist is terminated.

The day of dismissal will be the date the sick leave ends. The rest of the procedure is standard. On the day of dismissal, the employee is given a work book and final payment. Funds are transferred against signature or transferred to a bank account. At the request of the person, other documents must be drawn up, for example, a certificate of salary or time worked.

Current legislation provides for several options for replacing a sick employee - combining, replacing and hiring another person. The manager can choose each of them at his own discretion. The employee himself can also initiate a temporary replacement.

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Labor Relations

The Labor Inspectorate takes the position that the powers of the director, as the sole executive body, remain with him at all times, regardless of his actual presence at the workplace.

The director can sign orders, instructions, contracts both during vacation and during illness. Including orders on hiring and dismissal of an employee at his own request, on transfer, on awarding bonuses, etc.

The director has the right to sign any personnel documents without being at the workplace, if these documents do not entail negative consequences.

But, a signed order, for example, imposing a disciplinary sanction, which the director, while on vacation, could not know about, the employee will be able to appeal in court.