When replacing an employee, how salary is considered. Is there an additional payment to an employee for performing the duties of a temporarily absent boss, if such an obligation is indicated in his job description? Early refusal to perform work temporarily absent

The Labor Code of the Russian Federation may include obligations of employees and the employer on the form, system and amount of remuneration in a collective agreement. Therefore, an additional payment for combining professions (positions), including when replacing a temporarily absent employee, when such an obligation is assigned by the employee's job description, must be established by agreement of the parties in each specific case. The absence of an agreement between the employee and the employer on determining the amount of additional payment for combining professions (positions) can be qualified as a violation of labor legislation by the employer. According to Art.

Surcharge for replacing a temporarily absent employee

What to pay attention to The question often arises: who can replace whom? The legislation does not contain an answer to it, therefore, in each case, you should proceed from the interests and specifics of your activities and the qualifications of your staff. For example, in a small company, during a vacation, the director may well replace staff - in this case, he should also be given an additional payment for combining.
And whether the secretary will be able to perform the duties of the head of the department depends on the qualifications of both the secretary and the head. In any case, in order to assign the duties of an absent employee to a person, it is necessary to written agreement.
The employer must issue an appropriate order, which indicates:

replacement period;
FULL NAME.

How is the supplement paid for vacation replacement?

From this amount, it is necessary to withhold personal income tax (13%) and pay contributions. Performing and paying for a 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 workplace vacationer. The term of the transfer corresponds to the period of vacation of the absent employee (art.

72.2 of the Labor Code of the Russian Federation). Transfer is possible only with the written consent of the employee. In an additional agreement to the employment contract, the conditions for the transfer are indicated.
After that, a transfer order is issued. What to look for when compiling it, you will learn from the article "Order to transfer an employee to another position - a sample." After the transfer is made for the employee, this workplace becomes the main one, and, therefore, he must undergo all the briefing, like the rest of the employees.

Combined payroll

Attention

The performance of the duties of a temporarily absent employee without release from his main job should be understood as the performance of the duties of another employee who is temporarily absent due to illness, vacation, business trip or for other reasons, when, in accordance with applicable law, he retains his job (position). At the same time, it should be noted that if an employee performs the duties of a temporarily absent employee and at the same time is released from the main job, then there is not a combination, but a temporary transfer to another job.

1 st. 72.2 of the Labor Code of the Russian Federation). In any case, the combination of professions (positions) is the performance by an employee additional work according to another staff unit available in the staffing table.

legally significant action (transfer, assignment of duties in the order of combination, etc.);
payment amount;
employee consent.

Such an order is necessary both for the correct calculation of payment and attributing it to the cost price, and for the possibility of holding the employee liable for improper performance of the assigned duties. Keep in mind that in all the above cases, the amount of the surcharge is not determined by law and is established by agreement of the parties.
In practice, the amount of additional payment for the performance of the duties of an absent employee is usually from 10 to 50 percent of his wages, but sometimes a substitute employee demands that he be paid almost 100%.

Replacement of a temporarily absent employee (2018)

Important

An employee of the company, in addition to his main job, can: - combine professions or positions, that is, perform work not only in his own, but also in another profession (position) (and the law does not limit the number of professions or positions in which an employee can work); - perform additional work in the same profession or position that he occupies (increase in the volume of work and expansion of service areas); - replace a temporarily absent employee (temporary replacement) and perform his work both in the same and in a different profession (position) than the one he occupies. In all these cases, the employee performs his work, stipulated by the employment contract with him, and works within the normal working hours.

What additional payment should an employer make for a temporarily absent employee

Example An institution has a five-day, 40-hour work week(8 hours a day) with two days off (Saturday and Sunday). The norm of working hours in August of the current year is 168 hours. The employee combines duties in another position. The norm of working time has been fully worked out by him. The written agreement establishes that for the performance of duties when combining, an additional payment of 50% of the tariff rate (salary) of the latter is charged. Situation 1 An employee has a salary of 15,000 rubles. For a combined position, a salary of 12,000 rubles is determined. The salary in this case will consist of: - official salary - 15,000 rubles; - surcharges for combination - 6,000 rubles. (12,000 rubles x 50%). The total amount of wages will be equal to 21,000 rubles. ((15,000 + 6,000) rubles). Situation 2 The employee has an hourly rate of 115 rubles per hour.
The norm of working time in February of the current year is 159 hours. An employee of the company Ivanov performs the duties of a temporarily absent employee in another position. The norm of working time has been fully worked out by Ivanov. A written agreement establishes that an additional payment in the amount of 50% of the tariff rate (salary) of the latter is charged for the performance of the duties of an absent employee.

Ivanov has an hourly rate of 225 rubles per hour. For a combined position, the tariff rate is set at 332 rubles per hour.

Ivanov's salary for February will be: The additional payment for performing the duties of a temporarily absent employee will be: The total amount of Ivanov's salary for February will be equal to: Ivanov's salary is 36,000 rubles. For a combined position, a salary of 42,000 rubles is set.

Ivanov's salary for February will be 36,000 rubles.
First of all, it should be remembered that on the basis of Art. 4 of the Labor Code of the Russian Federation, forced labor, including payment of wages not in full, is prohibited. Based on Art. 151 of the Labor Code of the Russian Federation, an employee acting as a temporarily absent employee without being released from his main job should have been paid an additional payment for combining professions (positions).
In accordance with Art. 22 of the Labor Code of the Russian Federation establishes that the employer is obliged, in particular, to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts; provide workers with equal pay for work of equal value; pay in full the wages due to employees within the time limits established by the Labor Code of the Russian Federation, the collective agreement, the rules of internal work schedule organizations, employment contracts.

Surcharge for replacing a temporarily absent employee from what salary

Add to favoritesSend to mail Vacation replacement pay is an important aspect of the employee-employer relationship when it comes to replacement. There are many ways to replace, and the amount of the copay will depend on which employer chooses.

In our article, we will look at how the replacement of vacationers occurs. Fulfillment of the duties of a temporarily absent employee Expansion of duties or combination Performing and paying for a temporary transfer How part-time employment is formalized and paid Reception of a temporary employee Results Fulfillment of the duties of a temporarily absent employee There are several ways to replace vacationers:

Combination.
The employee combines his 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).
Compatibility.

TC RF). And good reason not required. According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to pay wages in full in accordance with his qualifications, the complexity of the work, the quantity and quality of the work performed. By virtue of Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract on the basis of the remuneration systems in force for this employer. Remuneration systems, including tariff rates, salaries ( official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and allowances of a stimulating nature and bonus systems, are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts, containing labor law.

In the "Responsibilities" section job description the labor function is regulated in detail, the range of duties of the employee, the amount of work, the areas for which the employee is responsible, etc. are provided. If the employee is familiar with the job descriptions against receipt, they are an integral part of the employment contract.

The job descriptions of certain categories of employees may provide that during the absence of another employee with a similar job function, they perform the duties of the absent employee. In this situation additional labor do not pay. Since the job description operates within the framework of the employment contract and is an integral part of it, which means that it does not provide for additional payments (letters of the Ministry of Health and Social Development of the Russian Federation of March 12, 2012 N 22-2-897, Rostrud of May 24, 2011 N 1412-6-1).

A person spends most of his time at work. And often the fulfillment of assigned duties is directly related to the interaction between the entire team. Of course, being a part of it, everyone is engaged in their own specific affairs prescribed by the employment contract. However, it may happen that one of the employees for some reason cannot work.

Of course, this may be related to going on vacation. Only this does not negate the fact that the employee will not be in place, and his duties must be fulfilled. But what if the leader wants you to take the place in his absence? In our article, we will tell not only how the performance of the duties of a temporarily absent employee is legally formalized, but also what the payment for replacement can be.

Fulfillment of the duties of a temporarily absent employee under the Labor Code of the Russian Federation

Usually, when one of the employees goes on vacation and he does not have a deputy, one of his colleagues of a similar profile is appointed to his duties. However, such an appointment must be made in accordance with the law. Otherwise, there is a risk that the employee will not perform the relevant duties. On the other hand, and the manager for replacing the absent employee.

According to the Labor Code of the Russian Federation, there are two options for formalizing such a process:

Combination (Article 60.1 of the Labor Code of the Russian Federation);

The performance of duties can be both similar to the current position, and vary. However, in most cases, part-time employment is assigned when the employee has the appropriate education and work experience in this area. Or if during work this employee had the opportunity to get acquainted with the affairs of his colleague.

Separately, it is worth mentioning that Art. 60.1 implies the written consent of the employee. In no case should you allow your manager to assign you additional responsibilities that are not included in your assigned duties. This would be against the law.

Temporary transfer (Article 72.2 of the Labor Code of the Russian Federation).

At temporary transfer You will be fully transferred to the position of an employee who is temporarily absent. At the same time, your previous vacancy is preserved, that is, after the expiration of the term and as soon as the absent one returns, you will be transferred back. The appointment itself can be up to a year. If it happens that your previous position is not retained, the contract becomes permanent from temporary. That is, you will remain in the position of the employee you replaced.

It should also be taken into account that such a temporary transfer can be carried out without the consent of the employee. This is possible in exceptional cases, but for a period of not more than a month. Exceptional cases include various catastrophes, accidents, fires, epidemics, as well as events that endanger life. In less horrific events, a transfer to replace an absent worker can be made in the event of downtime, when the performance of this work would mean preventing damage or destruction of property.

In all other cases, the written consent of the employee is also required. In addition, when transferring, whether it is an exceptional case without consent, or a transfer under a written agreement, wages should not be lower than the average paid in the previous job.

Additional payment and registration when replacing an employee

The payment that is provided when combining, according to the law, can be completely different. The subtlety is that when receiving additional duties, the employer and employee must themselves determine its size. This is done by agreement of the parties in writing. In no case do not leave such a question for an oral decision, because everything should be clearly spelled out in the relevant document.

An additional agreement may be drawn up regarding the registration of the combination. It is attached to the employment contract and is drawn up in writing. Like other agreements, it has its own rules for filling. According to them, in the additional agreement for part-time employment should be:

Full name of the organization, indicating the responsible manager who draws up the agreement and has the authority to secure the document with his signature;
Name of the employee, his position, department in which it works, etc.;
The agreement itself regarding the combination acquiring new job responsibilities, and the cost of surcharge for it.

After an agreement on the performance of the duties of a temporarily absent employee is drawn up, an appropriate one is issued. As a standard, it indicates the replacement period, what position and duties are additionally assigned to the employee, as well as the amount of the additional payment.

Registration and payment for temporary transfer

For a temporary transfer to another position, an agreement must be drawn up in the same way. Its specificity is practically no different from the combination agreement. The difference is that the employee specified in the agreement is relieved of all duties that are not provided for by the specific position to which he is transferred. The transition to another position is carried out completely, regardless of the fact that this is a temporary measure.

Since the transfer will be made, it will no longer be a question of additional payment, but of a new position. Please note that according to Art. 72.2 of the Labor Code of the Russian Federation, it should not be lower than what you received in your previous position. However, even with a similar article of the Labor Code of the Russian Federation, payment can also be assigned by agreement. You should also not forget that personal income tax will be deducted from the amount that you indicate when talking with the manager.

Let's move on to the design of a temporary transfer. After you and the employer have drawn up an agreement attached to the employment contract, an order will be issued. It should indicate:

Company or firm name, indication of the responsible manager;
Employee information, which includes not only the full name, but also the previous position, department or other internal designations of the company;
What position is being appointed to?
The term of the temporary transfer;
Salary set by the company or agreement in this position with an appointed employee.

When drawing up an agreement, be sure to pay attention to its details. The new position may also oblige you to sign appropriate liability agreements. Whether it be a document on non-disclosure of company secrets, if they are provided for by a temporary position, they will need to be signed.

AT labor activity sometimes a situation may arise when the departure of an employee on vacation can harm the production process and the activities of the organization, and in order to minimize the losses associated with this, an employee can be replaced for the duration of the vacation. At the same time, the Labor Code of the Russian Federation contains various standards that allow replacing an absent employee with another employee. All parties to the employment contract should know how to apply them, how an employee is replaced during maternity leave or leave at their own expense, and in other situations.

Replacing an employee for vacation time - the main methods and features of the procedure

The current labor legislation provides for a fairly large number of ways, using which it is possible to replace an employee during a vacation under the Labor Code of the Russian Federation. At the same time, both the employer and employees, both those going on vacation and those replacing them, should be aware of them.

In general, there are five main methods and methods of substitution. Some involve the involvement of third-party employees, while others involve the use of internal human resources of the organization. The types and methods of replacing employees during vacations include:

Temporary transfer of one of the employees of the organization to the workplace of an absent employee. In this case, the legislation strictly regulates the aforementioned procedure, as well as the rights and obligations of the parties in accordance with the provisions of the Labor Code of the Russian Federation.
Combination of positions within the enterprise for one of the working employees. In such a situation, the employee combining positions simultaneously performs not only his direct official duties, but also the work of a person who has gone on vacation for an additional fee or in accordance with the terms of the contract or local regulations of the enterprise.
Hiring a new employee. Involving a part-time job allows you to minimize labor costs and simplify the formalization of labor relations.
Hiring a new employee. In this case, the employee is involved during the absence of the main employee, after which the employment contract is terminated.
Involvement of third-party specialists from and companies. In such a situation, the employer concludes a contract for outsourcing or outstaffing, and his relationship with the employee is governed by the provisions of not labor, but civil law.

Replacing an employee in a responsible position in some cases may be mandatory.

For example, if the absent employee was the only specialist responsible for labor protection with the appropriate qualifications, or in other cases when this is provided for by law. However, in most situations, the need to replace an employee for vacation is dictated only by economic feasibility to prevent financial losses of the enterprise due to the absence of an employee.

Each of the above methods of replacing an employee during a vacation will be considered in more detail, taking into account all the nuances and standards of the Labor Code of the Russian Federation. It should be noted that the employer has the ability to schedule vacations and initially can regulate the possible temporary loss of one of the employees. However, in the case of a decree that can last up to three years, or if there are grounds for extraordinary leave outside the schedule, the employer may be placed in an uncomfortable position and may need to replace the employee and urgently look for options to implement it.

Temporary transfer to replace the vacation of one of the employees

If one of the employees went on vacation due to him, the vacation can be replaced by transferring another employee at the enterprise to his workplace. At the same time, the legal regulation of such actions is disclosed in the provisions of Articles 72.1 and 72.2 of the Labor Code of the Russian Federation and provides for the provision of certain guarantees to the transferred employee.

It should be remembered that there are various ways to transfer an employee to the place of the absent one, and in some situations, the employer does not even have to ask the employee's consent to the transfer. So, without the consent of the employee, you can transfer him to replace the employee who went on vacation in the following cases:

In the event of a temporary transfer, if it was not stipulated by an employment contract, the replacement employee must retain the average salary at his main place of work, and if the job to which he is transferred provides for a higher level of earnings, then it must be provided to the replacement employee in full .

In other situations, for a temporary transfer to another job, it is necessary to obtain the consent of the replacement employee himself. At the same time, it is allowed to conclude an additional agreement to the employment contract, which may stipulate the conditions for calculating wages and providing other guarantees or benefits.

The advantages of such a replacement for an employee on vacation include the following features:

The possibility of transferring a specialist who knows exactly all the nuances of the enterprise.
Ease of finding a replacement with a large staff of workers.
The lowest costs in case of replacement by an employee with a similar salary.

The disadvantages can be called:

The need to provide a number of guarantees to the transferred employee.
The actual decrease in the labor resource of the enterprise, since as a result of it the place of the transferred employee will be free, and he will not fulfill his duties at the main place of work.

Fixed-term employment contract to replace an employee on vacation

The legal regulations of the Labor Code of the Russian Federation provide for the possibility of replacing an employee on vacation with an employee hired under a fixed-term employment contract. Legal regulation such employment is considered by the provisions of Article 59 of the Labor Code of the Russian Federation. At the same time, the employer does not need to look for grounds for concluding a fixed-term employment contract - the very need to replace an absent employee is a full-fledged justification for the urgency of labor relations.

A fixed-term employment contract is automatically effective when the main employee returns to work upon his return from vacation.

If the employee was on vacation and did not go to work for one reason or another for five years, then the contract with the deputy loses its urgent status and becomes indefinite, which should be taken into account in the case of maternity leave going one by one.

The advantages of a fixed-term employment contract include the following factors and features:

Effective registration of relationships only for the period of vacation.
The possibility of setting other working conditions than those of an employee who went on vacation, including a lower level of payment with a corresponding change in the job schedule.

However, a fixed-term employment contract also has a number of certain disadvantages. These include:

The need to provide a full package of labor guarantees to the hired employee.
Additional load on personnel department enterprises.
The presence of risks in case of untimely termination of the contract.
Difficulty in the selection of candidates, since not all applicants will agree with the temporary nature of the work.

Replacing an employee on vacation with a part-time worker

Article 60.1 of the Labor Code of the Russian Federation, as well as Chapter 44 of the Labor Code of the Russian Federation, establishes the possibility of part-time work - while it can be carried out both with one employer and with different ones. Part-time work involves working in a place other than the main one, in part-time mode. Often, a part-time job is enough to completely replace an absent employee, or at least neutralize the negative consequences of his absence. However, such employment also has its advantages and disadvantages.

The advantages of part-time work to replace an employee during a vacation include:

Simplicity in finding applicants. More applicants may agree to a part-time job than to a fixed-term contract.
Savings. Due to the fact that part-time work cannot exceed 50% of the main working time, the salary of a part-time worker decreases accordingly - so, it can be lower than the minimum wage in proportion to working time.
No need to issue a work book. When working part-time, the employer is not obliged to demand a work book from the employee, and an entry in it can only be made at the request of the part-time worker himself.

The disadvantages of such a replacement for an absent employee are the following factors:

Less work. Due to the inability to work part-time in full-time mode, it may be necessary to attract two part-time workers to perform the work of one person.
The need to provide certain guarantees to the part-time worker. In particular, providing him with leave at the same time as at the main place of work, regardless of the schedule.

Combining positions when replacing an employee on vacation

The legislation in the provisions of Article 60.2 of the Labor Code of the Russian Federation provides for the possibility of assigning additional job responsibilities for combining work and performing the work of other employees on employees of the enterprise. At the same time, such a combination can either be paid additionally or not require any additional payment - however, the key factor in combining positions is the voluntary consent of the employee.

If the employee is initially required by job duties and the employment contract to replace certain employees or certain positions, including without increasing wages, then no additional agreements are required to be concluded with him.

The advantages of such an approach include:

The ability to initially provide for the replacement of certain employees and positions by others.
Significant cost savings with little or no performance degradation.

The disadvantages of combining are:

Less motivation for replacement workers.
The need to pre-specify the obligation to replace employees.

Outsourcing and outstaffing to replace an employee on vacation

To replace an employee on vacation, the employer has the right to turn to organizations or private entrepreneurs that offer outsourcing and outstaffing services. In this case, in fact, it will not be the conclusion of an employment contract, but a civil law agreement on the provision of certain services, which may also be the direct duties of an employee. This approach has a number of pros and cons. In particular, its positive aspects include:

Quick selection of specialists in large cities.
Possibility of flexible assignment of duties.
No need to comply with labor guarantees and labor legislation in relation to the deputy.

The disadvantages of such methods of organizing labor are:

Higher cost compared to the labor of a permanent employee.
Lack of leverage on the contractor within the framework of labor legislation.
Impossibility or risks when trying to use such techniques when accessing confidential information in accordance with official duties.

Is it possible to legally not pay extra to employees for performing the duties of an absent employee (during vacation, illness, etc.). Will it be enough to just write down such a duty in job descriptions. And in general, is it possible not to pay extra.

Answer

Answer to the question:

The requirement for additional payment is directly indicated in Art. 60.2 and 151 of the Labor Code of the Russian Federation. Failure to comply with this requirement entails the risk of bringing the employer to administrative responsibility under clause 6 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - payment of wages not in full or under paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - formal failure to comply with the requirements of Art. 60.2 and 151 of the Labor Code of the Russian Federation

The current labor legislation does not allow situations where the imposition on the employee of additional. work would be possible without additional payment (Art. 60.2, 151 of the Labor Code of the Russian Federation)

Until March 2003, in accordance with paragraphs. "a" and para. 4 clause 1 of the Decree, Explanation of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions of December 29, 1965 No. 30/39 On the procedure for paying for temporary replacement, the right to receive the difference in salaries (between the actual salary of the absent employee and the salary of the replacement employee) did not have full-time deputies or assistants to the absent head, Chief Engineer(for cases of replacement of the absent head of the organization). After the Cassation Collegium of the Supreme Court of the Russian Federation issued the Ruling of the Cassation Collegium of the Supreme Court of the Russian Federation No. KAS03-25 dated March 11, 2003, the said employees were reinstated in the right to receive additional payments (the said provisions of the Clarification were declared invalid from the day the Ruling was issued).

Thus, employees who perform the duties of a temporarily absent head or other employee of the organization should be paid additional payments regardless of their positions.

The legitimacy of this approach is also confirmed by the courts: Ruling of the Arbitration Court Northwestern District dated 11/16/2016 No. F07-9908/2016, A44-658/2016

When determining the amount of additional payment for the performance of the duties of a temporarily absent employee, one should proceed from the fact that they depend on the conditions under which substitution is carried out. If an employee performs the duties of a temporarily absent employee without being released from his main job, then in accordance with Art. 151 of the Labor Code of the Russian Federation, an additional payment is made to him in the amount established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

If the performance of the duties of a temporarily absent employee is carried out on the terms of a transfer, then the work of a substitute employee is paid according to the work performed.

You can not enter in the job description actions that relate to another labor function in order not to pay for additional work (appeal ruling of the Samara Regional Court dated July 9, 2014 No. 33-6615 / 2014).

Performance of work within the main working hours of an employee, which is not included in his job duties, can be issued in one of two ways:

 as a combination of professions (positions) (Article 60.2 of the Labor Code of the Russian Federation);

 as an expansion of service areas or an increase in the volume of work performed (part 2 of article 60.2 of the Labor Code of the Russian Federation);

When combining professions, the employee is engaged in additional work in another position during his normal working day. At the same time, additional work is subject to payment and is possible only with the written consent of the employee. Such rules are established in part 1 of article 60.2 Labor Code RF.

Under expansion of service areas and increase in the volume of work performed understand the performance, along with their main work, stipulated by the employment contract, an additional amount of work in the same profession or position(part 2 of article 60.2 of the Labor Code of the Russian Federation).

Extra order. work is drawn up for a specific position provided for in the staffing table and exclusively with the written consent of the employee and with the establishment of an additional payment by agreement of the parties (Article 60.2.151 of the Labor Code of the Russian Federation) .

Experts from the Ministry of Labor come to similar conclusions. See Letters of the Ministry of Labor of Russia dated July 20, 2016 N 14-2 / V-688 and dated December 26, 2016 N 15-2 / OOG-4698.

The same position is held by the courts.

So, for example, the Judicial Collegium for Administrative Cases of the Rostov Regional Court in the appeal ruling dated March 26, 2015 in case No. 33-4792 / 2015 indicated that the performance of duties by an employee in accordance with the terms of the supplementary agreement cannot be attributed to the expansion of the service area, an increase in the volume of work, since the employer's staffing table provides for one staff unit for his position (see also the appeal ruling of the IC in civil cases of the Moscow City Court dated 07/12/2012 N 11-11218 / 2012).

In addition, the courts note that a prerequisite for an employee to perform additional work in another position is written agreement of the parties labor relations (determinations of the Voronezh Regional Court of June 10, 2014 No. 33-3117, Primorsky Regional Court of December 15, 2015 in case No. 33-11469 / 2015, etc.). Therefore, it is impossible to do without an agreement in which the conditions for combining will be prescribed.

Details in the materials of the System Personnel:

Situation:How to formalize the temporary performance of duties of an absent employee by another employee (temporary substitution)

Registration of temporary performance of duties of an absent employee

Documentation of temporary substitution

What documents need to be issued when establishing a temporary replacement for an employee

Before you issue a temporary substitution of professions (positions) to an employee, you need to obtain his written consent. To do this, conclude an additional agreement with the employee to the employment contract. Specify in it:

 work according to the position, its content and volume;

 the amount of additional payment for temporary replacement of professions (positions);

 the period during which the employee will perform additional work.

This conclusion can be drawn from part 2 of article 57, articles 60.2, 72, part 2 of article 151 of the Labor Code of the Russian Federation.

Advice: if the organization cannot determine the moment the absent employee enters work, then do not fix the specific date for the end of temporary replacement in the additional agreement. That is, when specifying the end date for the temporary performance of duties, indicate: "until the absent employee leaves for work."

On the basis of an additional agreement (temporary substitution). There is no standard form for such a document in the legislation. Therefore, compose it in any form.

Temporary replacement fee

What is the amount of the additional payment to the employee for temporary replacement

In case of temporary replacement of a position, an employee is entitled to an additional payment in addition to his earnings.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

Reference book: Administrative responsibility for violation of labor and migration legislation

Area of violations:

 publication of vacancies;

 labor legislation;

 labor protection;

 collective bargaining and execution of collective agreements;

 conciliation procedures;

 strikes;

 quotas for persons with disabilities;

 accident at work;

 organization of drivers' work;

 conducting a special assessment of working conditions on their own;

 work with foreigners;

 fulfillment of instructions of controlling bodies;

 reception of former civil servants.

About the statute of limitations

Type of violation	Punishment ,	Base	Area of violation
The organization, its officials or the entrepreneur violated labor legislation (unless otherwise provided for in parts 3, 4, 6 of article 5.27 or article 5.27.1 of the Code of Administrative Offenses of the Russian Federation)	For officials - a warning or a fine from 1000 to 5000 rubles.	Part 1 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation	Labor law
An official not authorized by the employer (for example, the head of a department) actually allowed the employee to work. At the same time, the employer or his authorized representative refused to recognize the relations that had arisen as labor relations and to conclude an employment contract.	For citizens (non-officials) - a fine of 3,000 to 5,000 rubles.	Part 3 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
An organization, its officials or an entrepreneur evade execution of an employment contract	For officials - a fine from 10,000 to 20,000 rubles.	Part 4 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
The organization, its officials or an entrepreneur improperly executed an employment contract, including replacing an employment contract with a civil law one	For officials - a fine from 10,000 to 20,000 rubles. For entrepreneurs - a fine of 5,000 to 10,000 rubles. For organizations - a fine from 50,000 to 100,000 rubles.	Part 4 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
An organization, officials or an entrepreneur did not pay a salary or did not pay it in full on time	For officials - a fine from 10,000 to 20,000 rubles. For entrepreneurs - a fine of 1000 to 5000 rubles. For organizations - a fine from 30,000 to 50,000 rubles.	Part 6 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
An organization, officials or an entrepreneur have set a salary in the amount less than that established by labor legislation	For officials - a fine from 10,000 to 20,000 rubles. For entrepreneurs - a fine of 1000 to 5000 rubles. For organizations - a fine from 30,000 to 50,000 rubles.	Part 6 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
The organization, its officials or the entrepreneur repeatedly violated labor laws. Previously, the violator has already been held liable for a similar violation under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation	For officials - a fine from 10,000 to 20,000 rubles. or disqualification for a period of one to three years For entrepreneurs - a fine of 10,000 to 20,000 rubles. For organizations - a fine from 50,000 to 70,000 rubles.	Part 2 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
The organization, its officials or the entrepreneur repeatedly violated labor laws. Previously, the violator has already been held liable for a similar violation under Parts 3 and 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation	For citizens - a fine of 5000 rubles. For officials - disqualification for a period of one to three years For entrepreneurs - a fine of 30,000 to 40,000 rubles. For organizations - a fine from 100,000 to 200,000 rubles.	Part 5 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation
The organization, officials or entrepreneur repeatedly violated labor laws. Previously, the violator has already been held liable for a similar violation under Part 6 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation	For officials - a fine of 20,000 to 30,000 rubles. or disqualification from one to three years. For entrepreneurs - a fine from 10,000 to 30,000 rubles. For organizations - a fine from 50,000 to 100,000 rubles.	Part 7 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation

The term for paying an administrative fine for violations of labor and migration laws is 60 days. The countdown begins from the day the decision on bringing to responsibility comes into force or from the date of expiration of the period of deferment (installment plan) for paying the fine (Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

For small and medium-sized enterprises and entrepreneurs, their employees, fines have been replaced with an administrative warning. This rule is valid even if the warning is not provided for by the article of the Code of the Russian Federation on Administrative Offenses.

In this case, instead of a fine, there will be a warning if:

 the violation was committed for the first time;

 no material damage;

 there is no threat of occurrence of natural or technogenic emergencies;

 no harm or threat:
– life and health of people;
- animals and vegetation, environment;
– monuments of history and culture;
- Russia's security.

The rule does not apply to offenses provided for by Articles 14.31–14.33, 19.3, 19.5, 19.5.1, 19.6, 19.8–19.8.2, 19.23, Parts 2 and 3 of Article 19.27, Articles 19.28, 19.29, 19.30, 19.33 of the Code of the Russian Federation on Administrative offenses.

This follows from part 3 of article 1.4, part 3 of article 3.4, part 3.5 of article 4.1, article 4.1.1 of the Code of Administrative Offenses of the Russian Federation.

Dissemination of information includes:

 publication in the press;

 broadcasting on radio and television;

 demonstration in film programs and other mass media;

 distribution on the Internet, as well as using other means of telecommunications;

 audiovisual announcements on boards, in public places;

 Distribution in the form of printed materials (leaflets, booklets, advertising materials).

Discriminatory restrictions in job postings include restricting the rights of applicants or establishing their benefits, depending on the following factors:

 gender, race, skin color, nationality, language;

 origin, property, family, social and official status;

 age;

 place of residence;

 attitudes towards religion, beliefs;

 belonging or not belonging to public associations or social groups;

 other circumstances not related to business qualities.

The specified measure of responsibility will actually be applied from June 1, 2017 (part 2.1 of article 3 of the Law of May 7, 2013 No. 92-FZ).

Personal protective equipment for the purpose of bringing to responsibility on this basis should be understood as personal protective equipment, which the technical regulation Customs Union“On the safety of personal protective equipment” refers to class 2, depending on the degree of risk of harm to the employee (note to Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

The statute of limitations for bringing to administrative responsibility for violation of labor or migration legislation is one year from the date of the commission of the relevant administrative offense (part 1 of article 4.5 of the Code of Administrative Offenses of the Russian Federation).

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

To most effectively ensure the fulfillment of the duties of absent employees by the forces of the remaining ones, three ways are most often used:

increase in the scope of work or expansion of the service area.

Let's consider how to issue each of the options, and how the replacement of a temporarily absent employee is paid, in more detail.

During a temporary transfer, an employee is transferred to work in another position or profession. At the same time, the person does not fulfill the obligations under his employment contract. For example, during the absence of the head of the garage, one of the mechanics is transferred to his position.

Temporary combination is the performance during the working day, along with one's duties defined by the employment contract, of additional work in another position or profession. For example, by sending a cashier on vacation, you can entrust the fulfillment of his duties in the order of combination to an accountant.

When the volume of work is increased or the service area is expanded, the employee is instructed to carry out additional activities in the same profession (position) during the working day along with his work. For example, if you have three adjusters, then during the absence of one of them, you can assign the execution of his duties to the remaining two.

How to pay

During a temporary transfer, the employee is entitled to an additional payment for an absent employee: according to, he must receive money for the work performed. Therefore, this method is usually used when replacing managers whose wages are higher than those of ordinary employees.

In the case of combining positions, a person is assigned another employee. A specific additional payment for replacing a temporarily absent employee () is established by agreement of the parties ( Art. 151 Labor Code of the Russian Federation).

When increasing the scope of work or expanding the service area, the amount of additional payment and the amount of additional work are also determined by agreement of the parties.

What to look out for

The question often arises: who can replace whom? The legislation does not contain an answer to it, therefore, in each case, you should proceed from the interests and specifics of your activities and the qualifications of your staff. For example, in a small company, during a vacation, the director may well replace staff - in this case, he should also be paid an additional fee for combining. And whether the secretary will be able to perform the duties of the head of the department depends on the qualifications of both the secretary and the head.

In any case, in order to assign the duties of an absent employee to a person, his written consent is required. The employer must issue an appropriate one, in which to indicate:

replacement period;
FULL NAME. and position of the employee;
legally significant action (transfer, assignment of duties in the order of combination, etc.);
payment when replacing a temporarily absent employee;
employee consent.