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.