Summer is a long-awaited time for employees and a real headache for personnel officers. After all, the temporary absence of even one line specialist requires the redistribution of human resources. How and with whom to replace an employee going on vacation?
Combination of positions
This is perhaps the most common way to replace a vacationing employee. In this case, the functions of the vacationer are performed by his colleague, while continuing to perform his main duties as specified in the employment contract (Article 60.2 of the Labor Code of the Russian Federation). Naturally, by working “for himself and for that guy,” an employee has the right to count on an increase in wages. According to Article 151 of the Labor Code of the Russian Federation, the amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and volume of additional work.
“To assign additional work to an employee, it is necessary to draw up a written agreement to the employment contract,” explains Anna Brandukova, leading specialist of the Department of Labor Law and HR Administration of Subscriber Service Center LLC. “It must contain a list of duties that are additionally assigned to the employee, the timing of the combination, as well as the amount of additional payment.” If the duties of a vacationer are performed by several people, then an additional employment agreement must be concluded with each of them.
Meanwhile, an employee temporarily performing the duties of a colleague has the right to refuse the additional “load” throughout the entire period of the combination, just as the employer has the right to terminate the agreement early. Both parties are obliged to notify each other of this decision no later than three days in advance (Article 60.2 of the Labor Code of the Russian Federation).
Temporary transfer
In the event of a temporary transfer of an employee to a vacation position, he is temporarily relieved of his main duties and completely replaces the vacationing specialist. The procedure for registering labor relations is the same as in the previous paragraph - it is necessary to conclude an additional agreement with the employee.
Under certain circumstances, a temporary transfer of an employee occurs without concluding an additional agreement. For example, in the event of a natural or man-made disaster, industrial accident, industrial accident and other emergency situations. The period of temporary work should not exceed one month. The employee is paid according to the work performed, but it must be no less than the average earnings at the previous place of work (Article 72.2 of the Labor Code of the Russian Federation).
It is also worth noting: if, at the end of the transfer period, the previous position is not provided to the temporary employee and he himself did not demand it and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.
Internal part-time job
It is also possible to perform the duties of an employee on vacation part-time. In this case, the employee works full time at his main place, and at the end of it, he takes care of the affairs of the vacationer. This type of replacement requires the execution of a new employment contract, which must indicate that the work is part-time. An employment order is also issued, and a separate card is issued for the employee. In addition, at the request of the specialist, a corresponding entry is made in his work book.
According to Article 284 of the Labor Code of the Russian Federation, the duration of part-time work cannot exceed 4 hours a day. On days when the employee is free from work duties at his main place of work, he can work part-time full time (shift).
However, you should not regard replacing a colleague solely as a labor obligation. We must remember that working in a company is not only about earning money, but also about a certain responsibility for its further development. “Teamwork is a very important element of any structure,” says Sofya Bazhenova, head of the personnel department of the Elcom group of companies. - If you help today, they will help you tomorrow. Some organizations have built a whole system of employee interchangeability. For example, in our company, a sales manager must have a partner, and if one is on vacation or on a business trip, the other can do his job and manage his client base. Of course, any additional work should be appreciated. Our employees who manage to do not only their job, but also combine additional work, are regularly rewarded and always deserve the company’s gratitude.”
However, it is not always possible for an organization to find a replacement for a vacationing employee. For example, if the company’s staff is small or if the vacationer is a “narrow” specialist who has no equal in the enterprise. In this case, a way out of the situation may be to attract human resources from outside.
External part-time job
It is almost a complete analogue of internal part-time work - the registration procedure is identical. The difference is that the part-time employee has not previously worked at this enterprise, so more time may be spent on his training.
Fixed-term employment contract
To replace a vacation worker, you can conclude a fixed-term employment contract with a temporary worker. The procedure for formalizing labor relations in this case is the same as when concluding a contract for an indefinite period. But there are also small differences. “A fixed-term contract must specify the reasons and grounds for its conclusion with reference to the relevant article of the Labor Code of the Russian Federation, as well as the terms of its validity,” explains Anna Brandukova. “In this case, the period can be determined either by a specific date or by the occurrence of an event.”
The last point is especially important when replacing a vacationing employee. A situation often arises when an employee is late returning from vacation, for example, due to an unexpected illness. If the replacement employee’s fixed-term employment contract specifies a specific end date for work, but he continues to work, then the relationship with the employer becomes indefinite. This means that when a vacation worker leaves, you will have to look for some reason for dismissing a temporary employee.
Anna Brandukova draws attention to the fact that in the case of repeated concluding a fixed-term employment contract for the same labor function, the court may recognize such an agreement as concluded for an indefinite period (paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code Code of the Russian Federation").
The Labor Code offers various options for replacing a vacation worker. But the most important thing that employees and employers should remember is that any employment relationship must be legally established.
Everyone should rest. But an employee going on vacation should not disrupt the normal course of work of the organization. Therefore, while one is resting, the other performs all or part of his duties. How to register and pay for additional work?
When substitution is 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 this: substitution or combination?
: In the Labor Code of the Russian Federation, replacement means a transfer to replace a temporarily absent employee. In this case, the employee is released from his work for the duration of the duties of another employee during his temporary absence in case of illness, vacation, or business trip. Payment for translation is made according to the work performed. Art. 72.2 Labor Code of the Russian Federation.
WE TELL THE MANAGER
One employee can be assigned performing the duties of several absent employees at once Art. 60.2 Labor Code of the Russian Federation.
In your case, we are talking about replacement in the order of combination. That is, during the working day, along with his official duties, the employee performs the duties of the position of a temporarily absent employee and Art. 60.2 Labor Code of the Russian Federation. The employee must be paid extra for the combination. The amount of the additional payment is determined by agreement with the employee, taking into account the volume or content of the additional work assigned to him. At the same time, the Labor Code of the Russian Federation does not establish either a minimum or maximum amount of such additional payment. Art. 151 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 work schedule. One employee goes on vacation in July. Can we at this time entrust his work on a part-time basis to his replacement?
: 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 his working day, but at the end of it and Art. 60.2 Labor Code of the Russian Federation. Secondly, working two shifts in a row is prohibited. Art. 103 Labor Code of the Russian Federation.
Substitution on a non-working day according to the schedule is work on a day off
R.P. Sabinina, Penza
In our store, sellers work on a week-every-week schedule. In June, one of them went on vacation, the other works for him in his week and in his too. How to correctly calculate the amount of additional payment for replacement for the second person?
: This is not a replacement, because the employee performs work for another employee on his days off. Moreover, this is not prohibited if the employee agrees Art. 113 Labor Code of the Russian Federation. But since this is work on the weekend, then it must be paid at least double the amount. Art. 153 Labor Code of the Russian Federation.
The director cannot temporarily transfer the right of second signature to himself
IN. Kravets, Samara
During the chief accountant's vacation, the director wants to distribute his responsibilities as follows: he himself will sign financial documents for the chief accountant, and the remaining duties will be performed by an ordinary accountant. How to format this correctly?
: As far as we understand, your director has the right of first signature, and the chief accountant has the right of second signature and pp. 7.5, 7.6 Central Bank Instructions dated September 14, 2006 No. 28-I. At the same time, you cannot transfer to the director the right to sign financial documents for the chief accountant during his vacation. Therefore, during the chief accountant’s vacation, you need to issue a new card at the bank, where the right to sign the second signature must be transferred to another employee.
WE TELL THE MANAGER
One employee of the organization cannot have simultaneously the rights of the first and second signatures and clause 7.9 of the Central Bank Instruction dated September 14, 2006 No. 28-I.
And with the accountant who will perform the remaining duties of the chief accountant, you need to conclude an additional agreement to the employment contract, which establishes an additional payment for combining Articles 60, 60.2, 151 of the Labor Code of the Russian Federation. After this, an order must be issued granting him the responsibilities 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
Is it necessary to issue an order to transfer the powers of the general director during vacation if we have a bunch of employees who, by proxy, sign documents for the general director?
: Yes, it is necessary if your organization does not have the position of Deputy General Director.
Giving an employee the right to sign documents does not indicate that in the absence of the director he is exercising his powers to manage the organization.
Therefore, the general director must appoint one of the employees by order to fulfill his powers.
If the chief accountant performs the duties of a cashier, you need to register a combination
EAT. Radko, Krasnodar
The cashier is going on vacation. During this time, he will be replaced by the chief accountant, whose responsibilities do not include replacing the cashier. How to properly arrange a replacement in this case?
: During the cashier’s vacation, you need to:
- conclude with the chief accountant:
An additional agreement to the employment contract on the performance of the duties of a cashier, in which an additional payment should be established, and, if you consider it necessary, include a condition on full financial responsibility. Articles 60, 60.2, 151 of the Labor Code of the Russian Federation;
Agreement on full financial responsibility clause 2, part 1, art. 243, Art. 244 Labor Code of the Russian Federation;
- sign an order from the manager about the chief accountant combining the position of cashier.
Before transferring cases from the cashier to the chief accountant for the accounting department, you need to conduct an inventory of the cash register. clause 2 art. 12 of the Law of November 21, 1996 No. 129-FZ.
The deputy chief accountant may not be paid extra for combining
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. The employment contract itself and the company’s internal documents do not provide for any additional payment for this for the deputy. Can we not pay the deputy extra, given that the volume of his work during the chief accountant’s vacation increases significantly? Are we doing the right thing in not issuing orders to assign the duties of the chief accountant to his deputy during vacation?
: Temporary performance of the duties of the chief accountant is included in the job responsibilities of his deputy, which means it is already taken into account when setting his salary. Letter of the Ministry of Health and Social Development dated March 12, 2012 No. 22-2-897. Therefore, the deputy does not have to pay extra for the combination. Although if the volume of work during the chief accountant’s vacation increases significantly, then you can set additional payments from Art. 151 Labor Code of the Russian Federation.
You are doing the right thing in not issuing an order to the deputy chief accountant, because he automatically performs the duties of his boss during his vacation.
If, during the temporary absence of the chief accountant, the deputy has the right to sign financial and primary documents, invoices, etc., then the chief accountant must issue a power of attorney to his deputy for this Art. 185 Civil Code of the Russian Federation.
The boss can be paid extra for performing the duties of a subordinate
P.A. Grigorieva, Yaroslavl
Is it possible to make an additional payment to a boss who performs the duties of his subordinate while on vacation?
: The boss is a worker like everyone else. Therefore, the issue of establishing additional payment to the boss for performing the duties of a subordinate during vacation is resolved by agreement and Art. 151 Labor Code of the Russian Federation. In addition, this is not currently prohibited by law. subp. “a” clause 15 of the Resolution of the Council of Ministers of the USSR dated December 4, 1981 No. 1145 (repealed from March 10, 2009 due to the adoption of Government Resolution No. 216 dated March 10, 2009).
You can establish any procedure for determining the amount of additional payment for combination
L.B. Kobzeva, Bryansk
A piecework worker, along with his own work, also performed the work of a salaried employee who was on vacation. How to properly pay him for additional work?
: In the Labor Code of the Russian Federation there are no rules for determining the amount of additional payment for combination Art. 151 Labor Code of the Russian Federation. Therefore, by agreement with the pieceworker, you can establish the amount of additional payment taking into account the volume of work performed, for example, in a fixed amount or as a percentage of the salary of the replaced employee.
The amount of additional payment to a part-time worker is not limited by his salary
Yu.I. Chashkina, Ivanovo
Our organization employs an external part-time worker. According to the order, he replaced the absent main employee on a part-time basis for 10 working days in June. The salary of a part-time worker based on half the salary is 5,500 rubles. Salary for a combined position - 14,000 rubles. How to correctly calculate his additional payment: from the full salary or from half (since this is a part-time job), if the amount of the additional payment is set at 50% of the salary for the combined position?
: The fact that a part-time worker, taking into account the time worked, receives half the salary for his main job, has nothing to do with the amount of additional payment for the part-time job. Therefore, if the amount of the additional payment is set as a percentage of the salary for the combined position, then the additional payment must be calculated from the full salary of the absent employee.
STEP 1. Calculate the amount of additional payment per day: 14,000 rubles. x 50% / 20 days. (number of working days in June according to the production calendar) = 350 rubles.
STEP 2. Determine the amount of additional payment for 10 working days: 350 rubles. x 10 days = 3500 rub.
STEP 3. Determine the part-time salary for June, taking into account additional payments: 5,500 rubles. + 3500 rub. = 9000 rub.
Vacation substitution pay is an important aspect of the employee-employer relationship when it comes to substitution. There are many methods of substitution, and the amount of additional payment will depend on which one the employer chooses. In our article we will look at how vacationers are replaced and paid.
Performing the duties of a temporarily absent employee
There are several ways to replace vacationers:
- Combination. The employee combines his own work and the work of a vacationer (Article 60.2 of the Labor Code of the Russian Federation).
- Temporary transfer. The employee performs only the duties of a vacationer (Article 72.2 of the Labor Code of the Russian Federation).
- Part-time job. The employee spends time free from his main job on vacation work (Article 60.1 of the Labor Code of the Russian Federation).
- Hiring a temporary employee. An 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).
Expansion of responsibilities or combination
If one employee goes on vacation, another may be assigned to perform his duties without releasing him from his main job. This work may correspond to his position or not (Article 60.2 of the Labor Code of the Russian Federation).
If the additional work is similar to the employee’s work, this is an expansion of responsibilities; if not, it is a combination.
An employee cannot be forced to perform additional work. The employee must give written consent to this.
Additional payment for performing the duties of a temporarily absent employee is specified in an additional agreement and can be made for 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 indicate how the replacement is paid for during the vacation and the period for which it is issued.
Each party to the employment relationship may terminate it early. To do this, the initiator of termination must notify the opposite party in writing 3 working days in advance.
But it may happen that no one receives additional payment for an absent employee. This happens when an employee replaces a colleague with similar job functions and his job description clearly stipulates such substitutions. In this case, the employee’s written consent is also not required.
Example
LLC "Cuckoo" In January, the cashier goes on vacation for 14 calendar days (10 working days). During his vacation, a second accountant agreed to perform his duties.
An order is issued to combine positions. It states that the additional payment for combined work will be calculated in proportion to the time worked.
The accountant's salary 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) = 1000 rub.
The amount of additional payment for 10 working days was: 10 days. × 1000 rub. = 10,000 rub.
Total, in January the accountant will receive a salary of 20,000 rubles. + 10,000 rub. = 30,000 rub.
From this amount it is necessary to withhold personal income tax (13%) and pay contributions.
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 vacationer’s workplace. The transfer period corresponds to the vacation period of the absent employee (Article 72.2 of the Labor Code of the Russian Federation).
Transfer is possible only with the written consent of the employee. The additional agreement to the employment contract specifies the terms of the transfer. After this, a transfer order is issued.
You will learn what to pay attention to when drawing it up from the article “Order to transfer an employee to another position - sample”.
After the transfer is completed for the employee, this workplace becomes the main one, and, therefore, he must undergo all the training, like other employees.
The work book does not reflect the transfer and return to the main place of work.
Additional payment for performing the duties of a temporarily absent employee occurs in the amount specified in the additional agreement.
Upon return to work of the main employee, it is necessary to send a notice to the replacement employee about the end of the transfer period and draw up an order to terminate the duties of the temporarily absent employee .
If the transfer period has expired and the employee is not given the opportunity to return to his main job and he has not demanded his reinstatement to it, then the agreement on the temporary transfer becomes invalid. Temporary work becomes the main one.
How to register and pay for a part-time job
If expanding job responsibilities is impossible, the employer can arrange a part-time job (Article 60.1 of the Labor Code of the Russian Federation).
Part-time work is the performance of additional duties in your free time from your main job. But this time is standardized and should not exceed half of the monthly working time norm. It is the employer’s responsibility to ensure that this standard is not exceeded. All other functions remain unchanged (Articles 282, 284 of the Labor Code of the Russian Federation). Internal part-time work is formalized by concluding a separate employment contract.
Payment for part-time workers can be made in proportion to the time worked or for the amount of work actually completed. This must 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). During his vacation, a part-time worker was appointed to take 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) = 420 rubles.
The amount of payment for 10 working days was: 10 days. × 420 rub. = 4200 rub.
From this amount it is necessary to withhold personal income tax (13%) and pay taxes to the funds (30%).
Hiring a temporary employee
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 preferable for enterprises that have technically complex positions. And if you try to combine them, the entire labor process may suffer. For example, this could be a large manufacturing enterprise. The adjuster of technically complex equipment goes on vacation. The advantages of hiring a temporary employee are obvious: the manager gets a full-time employee, and the work process does not stop.
Payment, conditions and duration of work are negotiated and indicated when concluding a fixed-term employment contract.
Results
If an employee goes on vacation at an enterprise, then a replacement will most likely need to be selected to take his place. There are several options for such a replacement. Choose the one that is convenient for you. But no matter which one you choose, remember that the obligation to make additional payments for performing the duties of a temporarily absent employee cannot be neglected.
- What payments are made during vacation Work while an employee is on vacation Order for vacation Responsibilities during vacation Contract for maternity leave Accountant for vacation Application for maternity leave Position for maternity leave Fixed-term contract for vacation During the vacation of another employee Leave for a while vacation Temporarily during maternity leave Employee during maternity leave Vacation for the duration of the session Application for the duration of the employee's vacation Benefits during maternity leave Return to work during the vacation Employment contract for the duration of maternity leave Fixed-term employment contract for the duration of the vacation Employee works during maternity leave For vacation time of the main employee Application for dismissal during vacation Employment contract for the duration of the employee’s vacation Hire an employee during the vacation Work during the vacation of the main employee
- Please, who should look for a replacement cleaner during her vacation?
- The manager must look for a replacement during the holidays.
- Application for vacation
- Vacation agreement
- Employees on vacation
- Payment during vacation
- Employment contract during vacation
1. Please, who should look for a replacement for the cleaning lady during her vacation.
1.1. Any personnel issues must be dealt with by the employer. Leave is provided by employees according to a schedule, i.e. the employer knows in advance who should go on vacation and when, and therefore must take all measures to find a temporary worker. It is impossible to refuse to grant leave to an employee on the grounds that the employee has not found a replacement for the duration of the leave.
2. The manager must look for a replacement during the holidays.
2.1. This is the manager’s problem and not yours - who will perform your duties while you are on vacation.
and it’s better to write without capslock enabled - it’s extremely inconvenient to read - on many forums such a message is blocked or not answered at all.
2.2. It's not written down anywhere. Is not obliged to.
3. I work as the manager’s secretary, I’m going on a scheduled annual paid vacation for a couple of days, the HR department said to look for a replacement for the duration of the vacation. What should I do in this situation?
3.1. Dear Olga!
Let the HR department employee provide a link that states that the employee is obliged to look for a replacement during the next vacation.
You can write a memo addressed to the manager outlining your situation.
Good luck!
4. I have been working as a postman since August 21, 2018. I want to go on vacation, but I can’t. The boss says that she needs to find a replacement for herself during the holidays. Is this legal?
4.1. You can go on your legal vacation, but the boss’s demand is illegal that they should look for a replacement, not you.
5. Please, is it possible to defend the temporary teacher (who took the place of the main one during his maternity leave)
1st and 2nd grade there was one teacher O.Yu.. Due to O.Yu. going on maternity leave, the class was given to another teacher E.V.. teacher O.Yu. returns to work at school, put in our class. And the children are already accustomed to E.V.. graduation class. Is it possible to keep the substitute teacher in the class? If yes, what needs to be done for this?
5.1. Together, all parents can write a request to the school principal. You probably also have a parent committee. This is her prerogative. Also duplicate a similar petition to the education department.
6. I work alone as a cleaner at a company, there is no replacement. I'm going on vacation in a week. I work in another city and I don’t have any friends. Please tell me who should look for a replacement for me during the holidays.
6.1. The head of the organization in which you work should look for a replacement for you. It's not your problem.
6.2. Natalya, your leadership should deal with these problems.
6.3. Management must find a replacement.
7. I work as a driver in the village council, I’m currently on vacation. Does the Head of the Village Council have the right to hire his brother as a replacement driver during the main driver’s vacation?
7.1. In accordance with Article 59 of the Labor Code of the Russian Federation, the chairman can conclude a fixed-term employment contract for the period of your vacation.
But, since the employment contract is concluded with a relative, there is a conflict of interest.
If I were the chairman, I would not hire my brother if he would report directly to him.
Why does this bother you so much? You're on vacation. Your place of work is retained. After your vacation, you can calmly return to work and continue working under the same conditions.
8. During the vacation, the management of the enterprise requires you to look for a replacement with written consent. It is legal? There will be no combined fees. State enterprise.
8.1. You are not obligated to look for a replacement. The vacation schedule is mandatory for both the employee and the employer.
9. I work as a teacher of additional education and part-time as a senior educator. Can the manager leave me to replace herself during vacation?
9.1. The legislation itself is not against it. But this is an intra-organizational issue, and can be regulated by internal documents of the organization, as well as decisions of the owner.
10. An employee of the company went on maternity leave. We hired a new employee under a fixed-term employment contract. However, after some time (during the validity of her fixed-term employment contract) she went on maternity leave. They found a replacement for her (mother of 2 minor children). But the main employee decides to quit. Please tell me who to transfer to the place of the employee who is resigning and who has an indefinite contract. The one who is on maternity leave, or the one who was taken last? Thank you.
10.1. Transfer the last employee.
11. I am a teacher at a state university. Vacation is usually in the summer. The management forcibly included me on the selection committee in the summer. Therefore, I was sent on vacation in the winter. During my vacation, my classes were replaced by other department employees. They said that after the vacation I would work on these replacements, since the employees were overloaded. Please tell me which document to refer to - after all, this is illegal?! Thank you. Best regards, Dmitry.
11.1. Dmitry, refer to the Labor Code of the Russian Federation, you are not obliged to work for someone else the time when you were on vacation. The purpose of vacation is so that you don’t work, and not save up someone else’s hours.
12. Replacing the name of the profession when nothing changes. The only thing is that the profession “driver” is not on the list of harmful and dangerous professions. What about the question asked about calculating the time spent on vacation from the preferential length of service?
