Advice 1: How to apply for the acting employee

In the labour process there are situations of Disposals per employee and necessary execution of his or her work by another worker. A typical case is the temporary retirement of the employee to preserve his job. For example, in granting the woman leave and maternity leave, and then leave to care for a child up to 3 years; the involvement of the employee to the performance of state or public duties; improving the skills of the worker and other cases envisaged by law and collective agreement). There is a need to replace retired employee with the purpose of continuity for his work.
How to apply for the acting employee
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 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.
How to make an order for the imposition of duties
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.
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