We replace an employee
In this case, the person who will replace the temporarily absent person fully delves into his responsibilities in the new position instead of the ill colleague. And his salary will be given specifically for this temporary part of the work.
Keep in mind: replacing a temporarily ill specialist is the right, and not the duty of a colleague.
Everything depends on his will; no one can force him. As a rule, this is formalized by an additional agreement to the employment contract. But the work book remains unchanged.
Translation
If the employer believes that it is more important for the company’s activities to fulfill the job duties of an employee who is temporarily absent, the solution may be to transfer another employee to take the place of the sick person. When transferring, there is a change in the responsibilities or even the place of work of the replacement. At the same time, he does not perform his usual labor functions.
A translation can only be completed with the consent of the person being translated, except in cases where such consent is not required:
- relocation of an employee while maintaining his job duties and in the same area to another workplace or structural unit;
- entrusting him with work on another unit or mechanism;
- to eliminate the circumstances of disasters, including replacement during such a period or in case of downtime for up to 1 month (Article 72.2).
You cannot transfer an employee if he has health contraindications.
We issue an order
Note that the company itself can draw up a standard sample order for substitution during sick leave . At the same time, you can use a form already approved by the state - T-5 or T-5a.
An order in form T-5 can be found on our website here.
This is an example of a sample order for replacement during sick leave :
Keep in mind: you may not need to make such an order. To do this, look at the main employment agreement with the employee. There may be a directly stated condition that he comes in as a substitute if his colleague takes sick leave (or for other reasons). As a rule, such a mechanism applies to persons who have the word “deputy” in their job title. An order for them, as a rule. They don't issue it. Everything goes without saying.
The execution of a replacement order may be preceded by two more documents: a memo for replacement during sick leave and/or an application for replacement during sick leave . The specified note addressed to senior management must come from the head/supervisor of the unit, whose task is to urgently find a replacement for the sick specialist.
The mandatory form of these two internal documents is not regulated by law, so you can trust the company’s business practices.
Assignment of responsibilities
Actors in the process of assigning responsibilities from one employee to another:
- the immediate superiors of the absent employee and the deputy (or one supervisor if the replacement occurs within the same department);
- substitute worker;
- CEO;
- personnel officer
Art. is responsible for assigning responsibilities.
In this case, a replacement order is also not issued. 151 of the Labor Code of the Russian Federation. It is short: Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract. When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code).
This is important to know: What documents are needed in the Social Insurance Fund to pay for sick leave?
Vacation is a planned thing. It is always known in advance on which days the employee will not be on site. Therefore, the immediate supervisor of an employee going on vacation needs to write a memo in advance addressed to management with a request for a replacement. Here is an example of the text of a memo (the picture is clickable): What you should pay attention to: The memo receives a positive resolution from the general director and is sent to the personnel department, which prepares the order.
The assignment of duties during a business trip is formalized in the same way. If an employee gets sick, the algorithm of actions is approximately the same.
There is only one difference: since it is unknown how long our colleague will be sick, only the date of his leave on sick leave is written in all documents. Example of the text of a memo (picture clickable):
In no case do we forget to familiarize employees with the orders!
Combination instead of replacement
As mentioned above, the second way is to find a part-time employee for this position from among the company employees who are closest in job function to the absent colleague.
When combined, a person is not freed from his main job and becomes a kind of multi-machine operator. For this, he is entitled to an addition to his basic income. Its value is specified in a separate agreement.
The registration is almost the same as the replacement: a separate additional agreement is made. But this does not affect the contents of the work book in any way.
An order to combine sick leave may look like this:
Also see “We hire an employee during the vacation of the main employee.”
Read also
02.09.2016
Transfer during sick leave: design features
Transfer within one enterprise means a change in job function or a change in structural unit while maintaining the job. During an employee's absence due to illness, his duties may be transferred to another employee appointed by transfer.
Transfer during sick leave, its procedure and features are regulated in Art.
72.2 of the Labor Code of the Russian Federation. Temporary transfer is based on production necessity.
The procedure is carried out with the consent of the employee, which the employer must obtain in writing. A person can be transferred for a period of up to 1 year or until the main employee leaves after the end of the sick leave. The legislation establishes exceptional cases in the event of which approval for transfer for a period of up to 1 month is not required: The need to eliminate an emergency or accident, a man-made disaster. The occurrence of natural disasters
Answer to the question: Yes, you can indicate the wording of the deadline as “Completion date - the main employee returns to work.” That is, without specifying specifically what is for the period of illness or vacation.
In this case, the period will end exactly when the main employee returns to work.
It doesn’t matter after illness or after vacation.
Please also note that registration of additional responsibilities is possible in any of the ways presented below.
1. An additional agreement can be drawn up with a temporary employee to perform additional work during the absence of the main employee. This opportunity is provided by Article 60.2 of the Labor Code.
In this case, he performs additional work simultaneously with his main one.
Every employee can get sick, which is a fairly common situation that is regulated at the legislative level.
The end date is the return to work of the main employee. In this case, an additional payment is established, the amount of which is determined by agreement of the parties, taking into account the content and (or) volume of additional work (Article. However, the enterprise cannot wait for the employee to recover, given that such an approach may negatively affect the progress of production activities, and therefore and temporary replacement is allowed, but only in the manner prescribed by law.Within the framework, the imposition of additional duties not provided for in the employee’s employment contract is unacceptable, but only in normal work situations.
If force majeure circumstances occur - in particular, the possibility of suspension of the production process due to the absence of one of the employees - it is allowed, as an exception, to be hired without taking into account the terms of the mutual cooperation agreement. Thus, in accordance with the procedure, a worker can be transferred to another position with release from duties for his previous vacancy in the order of replacement in the absence of the main employee due to his illness, but only with consent.
Going to work while on sick leave
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
» » » » The question of whether it is allowed to go to work during sick leave and whether such actions are legal is relevant for each of the parties to the labor relationship - this topic is equally of interest to both employers and ordinary workers.
In addition, the greatest number of controversial issues arise when considering how payment is made for work on sick leave. Therefore, both employees and employers should carefully familiarize themselves with all the features of the legal regulation of labor relations in such a situation. Contents: Russian legislation provides workers with a number of social guarantees, which include compensation for periods - after all, from the salary of each employee, contributions are made to the Social Insurance Fund for these purposes.
Salaries calculated arbitrarily by an accountant are not subject to insurance contributions. If the chief accountant regularly transferred to himself a salary in a larger amount than agreed upon in the employment contract, the amounts of such excess are not included in the contribution base.
At the same time, the issue of sick leave is regulated quite strictly - legal regulation in this case is provided by the provisions of both the Labor Code of the Russian Federation and other regulatory documents and, in general, it is influenced by the following legislative acts: Article 183 of the Labor Code of the Russian Federation.
Electronic demands for payment of taxes and contributions: new rules for referral Recently, tax authorities updated forms for requests for payment of debts to the budget, incl.
on insurance premiums. Now it’s time to adjust the procedure for sending such requirements through the TKS. It is not necessary to print payslips. Employers do not have to issue payslips on paper to employees. The Ministry of Labor does not prohibit sending them to employees by email. “Physicist” transferred payment for the goods by bank transfer - you need to issue a check In the case when an individual transferred payment for the goods to the seller (company or individual entrepreneur) by bank transfer through a bank, the seller is obliged to send a cashier’s check to the “physicist” buyer, the Ministry of Finance believes.
An example of determining the amount of payment
When replacing an employee during a period of sick leave, additional payment can be calculated in two ways:
- additional payment up to the salary for the position being replaced;
- making an additional payment expressed in a certain amount to the basic salary.
Let's look at an example of calculating surcharges:
- the head of the purchasing department was on sick leave from November 1 to November 30;
- during the absence of a person who holds the position of head of a department, all functions performed by him in accordance with the existing instructions for this position were assigned to the manager of the same department;
- the salary of the head of the department is 38 thousand rubles;
- The manager's salary is around 27 thousand rubles.
Due to the execution of the corresponding order from the employer, the replacement manager must make an additional charge in the amount of the difference between their salaries. Thus, the additional payment that the manager will receive will be: 38,000 – 27,000 = 11,000 rubles, and the total amount received will be equal to the boss’s salary.
