If we are talking about the employee's absence for a long time, widely used for bringing a new employee on the basis of fixed-term employment contract. Documents are processed the same as a regular job, but the employment contract specifically stipulates the condition that the employee shall be employed until the work is temporarily eliminated employee (article 59 of the LC RF).
When in place temporarily retired, involved staff member, to issue such performance of duties is necessary, as a temporary transfer, with the publication of the order in form T-5. In this case, the order must necessarily come from the consent of the employee to such temporary transfer, or to the order must be accompanied by the agreement of the employer and the employee on temporary transfer. The consent of the employee on temporary transfer is not required only if the transfer is made for less than 1 month (article 72.2 of the LC RF).
If the regular employeecontinues to perform their work functions, additionally assigned responsibilities for performing job functions of a temporarily absent employee, then this order is issued, the form in which legislation is not regulated. However, such an order must contain surname, name, patronymic of the absent employee's job title, as well as the charges for performing additional job duties. The amount of this fee is set by agreement between the employer and the employee.With respect to employees occupying ordinary positions, use the wording: "to Hold (name of the position, surname, name, patronymic) the duties of (name of position) during the absence (vacation, business trip, etc.) (surname, name, patronymic of the absent employee)". This order may be enclosed directly in the order on vacation or on a business trip; in this case, both the employee should be informed of this order, a copy of the order is placed in a private affair of the retiring employee, and an extract from the order – in the personal business of the employeethat will perform its function during the absence.In respect of Executive employees of the wording was slightly different: "Assign (name the position, surname, name, patronymic) to temporarily perform the duties of (name of post)". The order shall indicate the reason for the temporary disposal of the employee and specifies the size of the surcharge regardless of whether the employee is a Deputy chief on staff.
The purpose of performing the duties of an employee to a vacant position is not allowed, in this case, should be issued either a temporary relocation – at the time of finding a suitable employee to work on a permanent basis or a permanent transfer, making appropriate changes in the employment contract. You need to keep in mind that in case of temporary transfer, the employee may claim to occupy the position on a permanent basis.
Advice 2: How to execute the duties
In accordance with Article 72.2 of part 1 of TC RF for temporarily absent employee remains working space and its position can be assigned or take acting. Execution of duties shall be documented in the regulations of Article 59 TK the Russian Federation in the form of fixed-term employment relationship or in accordance with Article 60 of the labour code in the form of temporarily assigning additional duties to another employee. These articles do not apply to a vacant position, which is in the electoral procedure, e.g. General Director of the company and other responsible persons. Is regulated by changes in the clarification Letter from the state labour Committee 11 March 2003.
You will need
- -fixed-term employment contract
- -written consent
- -employment contract indicating the order of execution of duties during absence
- -power of attorney
For registration of the execution of duties in the form of fixed-term employment relationship, employment is done in the usual way on a fixed term contract. The applicant must be received application for admission for temporary work, employment history, educational documents and other required taking into account the specifics of work.
Drawn up a contract specifying all conditions of work, pay and period of employment relationships. The contract is signed by the employee and the employer issued the order about the design of the temporary employment relationship, the employment records and personal card. Hired employee familiar with the job responsibilities, and it proceeds to the temporary replacement of missing for valid reason the employee.
If the performance of duties shall be in accordance with Article 60 of the labor code and an employee working under an employment contract in another position, will be responsible for a temporarily absent employee, this is done as an additional function.
This design can be made only with the written consent of the employee, the order indicating the additional responsibilities, period of execution and forms of payment for extra work.
All these rules do not apply for the vacant positions senior management, whose positions were elected or on a competitive basis.
All senior executives in the employment contract shall be an item on their replacement during the period of absence specified by the Deputy. Some enterprises in the contract specify two or three of the substituents on the absence of responsible leaders.
All deputies in the employment contract should contain a clause about execution of duties during the absence of the Director and terms of remuneration at the time of substitution.
Additionally it is stated in the internal regulations of the company. If everything executed properly, neither the order nor the General power of attorney during the absence of leadership is not required.
If the employment contract and in internal legal acts order of replacement senior management, for the period of absence is appointed the acting as. Issued the order for substitution, it shall specify the period of performance of obligations, payment procedure.
You will also need to issue a power of attorney in the regulations of Article 185 of the civil code. You will need it for signing important papers and possible legal relations with third parties, such as during important negotiations at the conclusion of the contract.
Advice 3: How to make a leave to care for a child up to 3 years
In accordance with Russian law, a woman has the right to grant leave for caring for a child up to the age of 3 years. This leave can be divided into two parts: paid and unpaid.
Until my baby was 1.5 years mother or other family member caring for a child, are entitled to receive benefits at the expense of the social insurance Fund. This leave may be used in parts or completely. It may take the father of the child, even if the marriage between the parents is not registered. The second part of the holiday involves getting the mother only compensation from the employer (about 50 rubles). However, from the perspective of the right is a single leave for the period during which the worker retains the position and place of work.
The beginning of leave for caring for a child up to 3 years is the day following the end of leave for pregnancy and childbirth. This woman needs to write a letter to the employer on granting leave to 1.5 years and the accrual of benefits.
If you wish to formalise up to 3 years, you should write two statements. One of them is the accrual of benefits to achieve the child 1.5 years - you need to send to accounting, the second – granting of leave – the human resources Department. And that, in either case, you must provide the birth certificate of the child, as well as a certificate of employment of the other parent that the benefit to him is not accrued, and the leave is not granted. If the family already has children, for the calculation of benefits need to submit birth certificates of all children.
The mother or other person caring for the child until they reach 3 years of age, has the right to go to work the incomplete working day or work at home. The allowance paid until the baby is 1.5 years old, stored in the same volume. If a woman returns to work full time, the allowance will cease.
Remember that leave is to care for the child is included in the General seniority, and work experience in the specialty, except for the purpose of preferential pension and pension for years of service. However, while the employee was on leave to care for a child, is not included in the length of service giving entitlement to annual paid vacation.
Advice 4: How to make an order for the imposition of duties
When the head of the organization goes on vacation, out sick or goes on a business trip, you should designate acting. For this an order is issued on the basis of the additional agreement to the contract with the employee that will substitute for the Director. The employee shall be paid a Supplement to his wage. Moreover, the expert from the labor functions are not exempt.
You will need
- - form orders developed by the clerks of the company;
- - labor legislation;
- - documents of the enterprise;
- - seal of the organization;
- - staffing;
- - documents of the employee;
- - job description of the Director.
The basis for drafting the orderand entrusting of duties of the Directors to another employee of the organization is an additional agreement to the labour contract (contract) with the employee. It spells out the terms of substitution the head. The agreement shall be signed by the sole Executive body, company seal and signature of the technician performing assigned work functions of the Director General.
In the header the orderand you should write the full and abbreviated name of organization (specifying the organizational-legal form), its location. The document is numbered, dated. The subject of the orderand the acts laying duties of the Director for a specific employee. The reason of the publication may be the vacation supervisor, departure on a business trip.
Administrative part of the orderand entrusting of duties must contain the personal details, alternate Director during his absence, the period of execution of the employment functions of the Director of the company. The document States the list of dutiesthat must be performed by the employee, the amount (specific amount, percentage of salary). It is necessary to consider that the period of replacement of the head shall not exceed one month, as stipulated by law.
The order imposing duties should be provided with appropriate certification signed by the Director, with the seal of the company. The document should inform the employee that will replace the head. The employee has to put the personal signature and date of review.
When is the laying on of powers of a Director to another specialist, you must give the employee the right to sign. For this you need to issue the order or to set up a trust. The documents must contain a list of documentation that will be signed by the employee over the head as well as their duration.