All employers, when hiring employees and putting forward requirements for the performance of work duties, count on a responsible attitude to work in their companies. But after the conclusion of employment contracts, the needs of companies may change, and then it is necessary to make changes to the list of employee responsibilities. Often, employees have to take on additional work, which is not always even related to their specialization. Let's figure out how additional responsibilities are assigned to an employee, whether it is necessary to first obtain consent from a subordinate, and how to draw up documents.
Remember about the power of attorney and additional payments
Unlike ordinary employees, the general director is a public person. It is the manager who represents the interests of the company in contacts with other business entities and regulatory authorities. Therefore, an order to temporarily perform the duties of a director during vacation is not the only thing needed in this case. In addition to the order, a power of attorney is required.
When registering a temporary replacement, you need to remember that the employee replacing an absent employee can perform duties not only for different positions (professions), but also for the same ones.
When combined, an employee can perform additional duties only in another position (profession).
In addition to the order to temporarily perform the duties of the general director, you need to remember about the additional payment for replacing an absent employee.
When making a replacement, first of all, you need to obtain the consent of the person who is supposed to be entrusted with the duties of the absent employee. Since consent must be written, it is drawn up in the form of an additional agreement to the employment contract with the employee.
Therefore, when preparing an order for the temporary performance of duties as a chief accountant (sample), you need to study the employment contract with the replacement employee and decide on additional payment for the replacement. For example, if the job responsibilities of the deputy chief accountant include temporarily replacing his immediate superior, then, according to officials, there is no need to make additional payment for the replacement.
According to this principle, they issue an order to temporarily perform the duties of a personnel officer, for example, and resolve the issue of additional payment.
Our specialists have prepared a sample order especially for our readers.
The temporary absence of an employee from his place can be due to various reasons, for example, a person goes on another vacation.
But there are often cases when this happens due to illness. In such situations, the employer has the right to replace the absent employee with another. This is discussed in detail in our article.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Content
The Labor Code of the Russian Federation specifies the conditions for imposing additional work on an employee:
- additional duties are performed within the work shift;
- the employee confirms in writing his consent to their implementation;
- the deadline for completing additional work is discussed in advance, that is, the combination is established for a strictly limited period of time, during the absence of the main employee;
- in Art. 151 of the Labor Code of the Russian Federation establishes that additional work is paid.
All these issues must be reflected in the administrative act. The order is issued as follows:
- The name of the organization is written first if the document is not drawn up on official letterhead.
- Then indicate the name of the document, number and date.
- The preamble should indicate the grounds, factual (going on vacation, etc.) and normative (norms of the Labor Code of the Russian Federation, availability of employee consent).
- Further, after the words “I order,” there follows the order itself about the assignment of duties, indicating the exact period, their list and the amount of additional payment.
- The document is signed by the manager and the employee, who certifies that they have familiarized themselves with it.
IMPORTANT!
Although in Art. 151 of the Labor Code of the Russian Federation establishes the obligation to pay for work combining professions; some courts recognize the employer’s right to assign the duties of an absent employee to another specialist without additional payment, subject to the following conditions: they have similar job functions and the possibility of combining them is pre-established in the job description, which is an appendix to the contract, or in the employment contract itself. But judicial practice on this issue is not completely uniform.
Sample order for the duration of vacation of the main employee
| Non-state fund for assistance to veterans Order No. 13-ok 09.11.2020 In connection with the departure of timekeeper A.A. Aleksandrov. from 11/10/2020 to 11/25/2020 on annual paid leave, on the basis of Art. 60.2 and 151 of the Labor Code of the Russian Federation, with the written consent of P.P. Petrov. I ORDER:
Director Ivanov I.I. Ivanov The order has been reviewed by: Petrov P.P. |
This is what an order to assign duties to an employee without additional payment looks like:
In what ways can you assign responsibilities to another person?
An employee’s illness can negatively affect the activities of the entire company as a whole. This is especially true in cases where a specialist involved in very important areas, for example, finance or production technology, is ill. In such situations, it is necessary to find a temporary replacement for the missing one.
In practice, two options for replacing an employee are used:
- Substitution. This method involves assigning the responsibilities of an absent specialist to another in full.
- Combination. In this case, the substitute performs only some of the functions of the absent person, combining them with his main activity.
Procedure for substitution (temporary transfer)
Replacement, like any other procedure related to labor relations, is implemented in several stages. First, you need to talk with the employee to whom the manager plans to assign the duties of the sick person.
Afterwards all necessary documents are prepared. Finally, the information is sent to the accounting department, which will charge the appropriate payment.
Is it always necessary to document an order?
According to the requirements of current legislation, an employee can be entrusted with performing the functions of an absent specialist. This will require the person's consent. If the parties have reached an agreement, then the manager issues an order of the appropriate nature, which will be the basis for the calculation of additional payment in the future.
But it is not always necessary to issue an order. In some cases, an order will not be required.
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
This applies to the category of employees who were initially appointed to the position with the condition of possible replacement of a temporarily absent employee, for example, deputy managers. Such a condition must be specified in the contract.
As compensation, the employee is given a cash bonus or additional days to the main vacation.
Preliminary discussion
The employee’s consent to replace a temporarily absent person is one of the conditions for the assignment of additional responsibilities. For this reason, the head of the company will need to discuss this issue with the person. During the conversation, the terms of compensation and the scope of additional responsibilities are discussed.
At the same time, Article 72.2 of the Labor Code of the Russian Federation somewhat expands the powers of the manager, granting the right to assign additional responsibilities to the employee without his consent. This is possible in the case of:
- disasters;
- industrial accidents;
- natural Disasters.
Required documents
The procedure for assigning the duties of a sick employee to another specialist involves the preparation of a number of documents.
- Report from the immediate superior of the absentee.
- Application for replacement.
- Leader's order.
Information about the temporary replacement of a sick person is not entered into the work book . Information is indicated only on the replacement employee’s registration card.
Service memo
The norms of the Labor Code of the Russian Federation do not directly indicate that it is necessary to draw up a memo in connection with an employee’s illness. But in practice, the local rules of most organizations provide for the preparation of such a document.
The note is drawn up in writing and sent to the head of the company. It should indicate the following:
- Manager details.
- Name of the structural unit.
- Information about the sick employee.
- The date from which he is missing.
- memo on assignment of duties during sick leave
- memo on assignment of duties during sick leave
Statement
Another document that can be issued during sick leave is an application for replacement. It is drawn up by an employee who will replace the person who has gone on sick leave and will officially confirm that he is not against performing the duties of a sick colleague.
Like a memo, the application is made in writing. It indicates the start time of sick leave, as well as information about the employee who will temporarily perform duties.
Order to assign duties to another employee
Almost always, an order to assign the duties of a sick specialist to another employee must be issued. The exception is cases when a person is initially a substitute specialist and such a rule is specified in his contract. The order is issued in writing.
The order assigning the duties of a sick specialist to another employee states:
- Name of company.
- Information about the absent and replacement employee.
- Replacement start date.
The order is signed by the head of the company. The document must be reviewed and signed by the replacement employee.
Additional agreement to the TD
An additional agreement to the employment contract may be required. It is issued if a person remains working in the company, but is completely relieved of the duties of his position for the duration of his replacement. The additional agreement, like the employment contract, is drawn up in writing, in two copies.
It indicates the period and name of the position for which the replacement will take place.
Payment Features
The procedure for paying specialists who replace sick people is established by Article 151 of the Labor Code of the Russian Federation. It states that additional payment for the assignment of additional duties must be made without fail. The amount of such payment is established by the parties to the labor relationship, taking into account the volume of workload and the deductions made.
Article 151 of the Labor Code of the Russian Federation. 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).
Additional labor duties - for an additional fee
V.P.
Zavalin, Krasnodar region, st.
Leningradskaya, st. Pushkina, d.
160 Indeed, according to the requirements of Art. 67 of the Federal Law of January 10, 2002 Guided by the above norm, the head of the enterprise is obliged to appoint a person responsible for conducting industrial environmental control and provide information about this person to the authorized body. So, according to Art. 2 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the basic principles of legal regulation of labor relations and other directly related relations include the following: Therefore, the employee is obliged to perform only such work that relates to his labor function, and the employer does not have the right to unilaterally require the employee to perform work not provided for by the terms of the concluded employment contract. The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than 3 working days in advance. 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. Thus, only one conclusion can be drawn: the head of the enterprise, trying to comply with the requirements of the Federal Law “On Environmental Protection,” grossly violated the above provisions of labor legislation.
Combination order
Combining professions or positions is one of the forms of temporarily replacing an absent employee. It is somewhat different from substitution. The features of this procedure are:
- Mandatory consent of the employee. It must be in writing.
- Clear deadlines for combining. They are established by the manager with the written consent of the employee.
- A person has the opportunity to cancel the combination unilaterally. But he will have to notify the manager about this in writing three working days in advance.
Order
The order for combination must be executed , since it is documentary evidence of the mutual agreement of the parties. It is drawn up in writing and delivered to the employee against signature.
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
In addition to general mandatory information, the order must also contain specific wording. The text must indicate that the specialist will perform the duties of the position in a combination manner.
Additional agreement to TD
An additional agreement to the employment contract will be required if the content of the latter undergoes changes. For example, a person worked for a company for some time, but then he was offered to combine positions.
In this case, you will need to draw up an additional agreement to the contract. It should indicate that the duties will be performed in a combination manner.
Payment nuances
Payment for combination is made according to the same rules as replacement. The amount is determined by agreement of the parties, taking into account the volume of workload and deductions from earnings. In practice, the combination is compensated in the form of a salary supplement.
How to register temporary performance of duties by another employee
Step 1.
Deciding on the method of temporary performance of duties Attention! An employee may refuse to perform additional work ahead of schedule by notifying the employer in writing no later than three working days in advance (part four of Article 60.2 of the Labor Code of the Russian Federation). It must be borne in mind that if the acting employee is released from his main job, then this is a temporary transfer to another job (part.
first st. 72.2 of the Labor Code of the Russian Federation). Step 2. We obtain the written consent of the employee Step 3. We conclude an additional agreement to the employment contract Attention!
If the manager does not formalize and pay for additional work in any way, he may be held administratively liable in the form of a fine of 1,000 to 5,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) Step 4. We issue an order for the temporary performance of additional duties Step 5.
We set an additional payment Remember the main thing Says: Larisa Gordeeva - head of the HR department of Personnel-Group T LLC (Tomsk): Ivan Uteshev - legal consultant of the Insurance Joint Stock Company (Moscow): Milana Dubrovskaya - head of the HR administration and settlements with personnel practice of Adolex LLC (Moscow):
Is it possible to hire a new employee during this period?
During a person’s illness, the manager has the right to hire another specialist to work. This is not about substitution or combination. In this case, you can conclude a new employment contract. Labor relations with this category of workers have distinctive features.
The basis for hiring a person to replace an absent specialist is the latter’s illness. It gives the manager the right to hire another employee for the position.
Such employment relationships will be temporary. They will be limited only to the illness of the primary specialist.
The applicant himself must meet general criteria - health status and special education, if required for appointment to the position.
How to apply?
The procedure for receiving a primary specialist during illness does not have any distinctive features:
- the applicant submits an application to the head of the company, who considers it;
- after this, an order for employment is issued and an employment contract is drawn up;
- Finally, a corresponding entry is made in the person’s work book.
In any case, the basis for starting the hiring procedure is the application of the applicant. It is drawn up in writing and sent to the head of the organization. It indicates the details of the organization, the employee, and also that the person wishes to enter into an employment contract for the duration of the treatment of the absent specialist.
In case of a positive result, a fixed-term employment contract is concluded with the person under Article 59 of the Labor Code of the Russian Federation. It is drawn up according to the general rules in writing, one copy for each of the parties.
In addition to the mandatory conditions, the contract must contain information about the validity period. In this case, they are conditioned by the occurrence of certain circumstances, namely, the departure of the main employee.
The contract term is not tied to a specific date.
After the conclusion of the contract, an order must be issued, signed by the manager. It indicates all the required details, as well as the fact that the person is hired only for the duration of the illness of the main employee.
The hiring procedure to replace a sick employee involves filling out some personnel documents:
- First of all, this is a work book. It must contain a record of employment for the period of illness of the main specialist.
- It is also necessary to fill out a personal card for the person.
How to fire?
The day of dismissal will be the date the sick leave ends. The rest of the procedure is standard.
On the day of dismissal, the employee is given a work book and final payment. Funds are transferred against signature or transferred to a bank account.
At the request of the person, other documents must be drawn up, for example, a certificate of salary or time worked.
Current legislation provides for several options for replacing a sick employee - combining, replacing and hiring another person. The manager can choose each of them at his own discretion. The employee himself can also initiate a temporary replacement.
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Fulfilling the duties of a temporarily absent employee is a fairly common practice in the labor sphere. To assign such an obligation to an employee, the employer must issue an appropriate order.
How is an order issued to perform the duties of a temporarily absent employee? How does the work of a subordinate change when he is assigned the responsibility of performing the duties of another employee? What other additional documents need to be prepared to issue an order? Read in this article.
What does the Law say?
The labor rights and obligations of the employee and the employer are regulated by the norms of the Labor Code of the Russian Federation. Thus, according to Article 60.2 of the Labor Code of the Russian Federation, an employer may assign one of the following forms of additional work to his subordinate :
- Combining several positions;
In this case, the employee performs duties for several job positions at once. An employer can assign such additional work to his subordinate if there is currently a vacant position in the organization from which the employee has been fired, but has not yet hired a new one.
So, for example, a journalist can combine the work of an editor until the employer finds a person for this position.
- Increasing the volume of work;
An increase in work means an increase in work responsibilities for the position of the employee in which he works. So, for example, a journalist must write at least twelve news stories a day, and after increasing the volume of work, the daily norm increased to fifteen news stories and one photo report.
When assigning additional work to an employee, the employer must “soberly” assess the employee’s capabilities and the likelihood of performing such a volume of work.
- Performing the duties of a temporarily absent employee;
Temporary performance of the duties of another employee differs from combining the duties of another employee in that the documented position is not vacant and belongs to an employee who, due to some circumstances, is temporarily absent (vacation, illness, maternity leave, etc.). In this case, the employee who is entrusted with performing the duties of a temporarily absent employee must perform not only his own work (his position), but also someone else’s (partially or completely).
Legislative regulation
When assigning additional responsibilities to an employee, one should rely on current legislative norms and internal documentation of the enterprise.
The list of responsibilities of each employee is determined by the terms of the employment contract, the elements of which must be reflected in the job description. When preparing documentation, you should take into account the range of responsibilities regulated by a particular profession and the qualification requirements for it.
If there is a production need to perform work that is not taken into account by the internal regulatory documentation drawn up for a specific employee position, it is necessary to make appropriate changes to it. To do this, it is necessary to adjust the documentation regulating labor relations.
Legal norms
The Labor Code defines the rights of each employee of a business entity to work in accordance with the requirements of a formalized agreement with the employer.
He is not authorized to assign additional duties to hired workers without obtaining their consent. To legally make changes to the documentation regulating changes in labor parameters, it is necessary to notify the employee in writing about the planned changes no later than 2 months before their implementation. Adjustments to duties can only be made after receiving the employee’s written consent after two months from the date of the event.
It is worth noting that if, when the list of works is changed, the employee’s functional responsibilities do not change, then the internal documentation of the enterprise can be changed without the consent of the employees. After the internal documentation has been completed and put into effect, employees must be familiarized with the list of obligations set out in the new edition.
How is the performance of the duties of an absent employee formalized?
Documentation of the performance of the duties of another employee depends on how long the employee will be absent . So:
- If the main employee is absent for a long time, then a fixed-term employment contract will be concluded with the employee who will perform his duties . It will indicate a list of duties for temporary performance, as well as the end date of their performance;
Read about the procedure for concluding an employment contract here.
- In addition, when duties are temporarily transferred to another employee, an order is issued to perform the duties of the temporarily absent employee . The employee who will perform the duties of the absentee must familiarize himself with the order. The employee can also document his consent;
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
The order must specify the details of the absent and replacement employees, their position, as well as the amount of additional payment for performing duties in another position.
Read about why you need to record the employee’s consent in the next section.
Why is it necessary to record the employee’s consent?
When drawing up an order to perform the duties of a temporarily absent employee, the employer must familiarize the employee with it, after which he must record his consent on the appropriate document. Such a document can be an application or other document drawn up in any form.
Such a statement will be considered a document confirming the employee’s consent to perform the duties of the absent employee. The validity period of such a document should not exceed one calendar month. If the employee performs duties longer, then, if necessary, the consent can be extended up to twelve months.
Read about the types of agreement here.
The agreement must include the following information:
- the name of the position for which you will need to perform duties;
- list of duties to be performed;
- amount of work;
- the time during which the work of the absent employee must be performed;
If at the time of conclusion of the agreement it is not known when the absent employee will return, it is marked “upon the return of the absent employee.”
The conclusion of an additional agreement is a mandatory procedure when temporarily transferring the duties of an absent employee.
Sample order for the appointment of responsible persons
With one order, the manager can assign responsibility for storing material assets to a group of people at once. It is important that according to Art. 245 of the Labor Code of the Russian Federation, without a written agreement on full collective financial responsibility, which is concluded between the employer and all members of the team, the document cannot have legal force. Let's give an example:
To appoint those responsible for office work (for example, for keeping track of working hours), a document can be issued that also affects a group of persons at once. Appointments that do not relate to financial responsibility do not provide for additional agreements with employees. An example of such an order:
Drawing up an order. Sample
After obtaining the employee’s consent and recording this consent in the agreement, a corresponding order is issued on the temporary transfer of the duties of the absent employee to another employee.
The order contains the following information:
- The nature of the duties that are temporarily transferred from one employee to another;
- The period of time during which they will be executed;
- Additional payment for additional work;
After the order is drawn up, it is handed over to the employee for review. After reviewing it, the employee signs it.
How to register an employee’s performance of additional duties
It is possible to assign additional responsibilities to the employee in the form of combination. This article discusses the features of using various options.
How does a combination differ from an internal part-time job? In addition, if the organization no longer needs an employee to perform additional functions for a fee, it is much easier to terminate the agreement with him with a combination job than with a part-time job. Part-time work requires less paperwork than part-time work - additional responsibilities and the period of time during which they must be performed; – make a note that the employee agrees to combine 2 or more professions (positions).
Important conditions When assigning additional work to an employee or assigning additional functions for another profession (position), consider the following important conditions: – additional work (additional functions) should not deteriorate the quality of the main work performed by the employee; – the assignment of additional work (assignment of additional functions) must be economically feasible; – performing additional work (functional responsibilities) in the relevant profession (position) requires the employee to have the appropriate qualifications. When combined there are no such restrictions.
Payment for the duties of an absent employee
The Labor Code does not say how the duties of a temporarily absent employee should be paid, or what the minimum and maximum amount of additional payment should be.
Since this issue is not regulated in any way by law, the responsibility for resolving it falls on the shoulders of the employer himself.
The amount of the additional payment may depend on the amount of additional work transferred to the employee.
Payment for the performance of additional labor duties can be made in the form of an amount or a percentage of the basic salary.
The employer has the right not to pay for the performance of additional duties only if the employee’s employment contract contains a clause according to which a specific position provides for additional work.
Conclusions: if one of the employees leaves a position for a certain/indefinite period (for example: goes on vacation, takes sick leave, goes on maternity leave), the employer can, during his absence, transfer the responsibility for performing his job duties to another employee for additional pay.
The transfer of duties is recorded in two documents - the corresponding agreement and the order on the performance of the duties of the temporarily absent employee. Without the preparation of these documents, the employee’s additional work will not be paid in any way.
Graduated from the Russian State University of Justice (RSUP). Postgraduate student at the Moscow Institute of Public Administration and Law (MGIUP). Since the beginning of 2007, judicial practice, specialization Labor law and labor disputes.
An order to replace an employee during sick leave is an organizational and administrative document that is drawn up to temporarily transfer the duties of an ill employee to another employee.
We formalize an increase in the employee’s job responsibilities
How to formalize the procedure for increasing the scope of job responsibilities? Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work not stipulated by an employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws. New responsibilities may become part of the employee’s job function, or may be formalized in the form of additional work performed along with the main one.
In the first case, it is necessary to make changes to the employment contract, and, if desired, change the job description. In the second case, only the written consent of the employee is required.
The job description is a local regulatory act. By virtue of Art. 8 of the Labor Code of the Russian Federation, employers have the right to independently, as necessary, adopt local regulations, as well as make changes to previously adopted acts, as well as approve new ones to replace the previous ones. Employees must be familiarized with local regulations that are related to their work activities (part two of Art.
22, part three art. 68 Labor Code of the Russian Federation). It is advisable to change the instructions only when the employer wants the relevant work to be performed by any employee holding the position of head of the administrative department of the organization.
From the date of signing the additional agreement, business procurement will become the responsibility of the head of the administrative department.
There is no need to pay extra for performing new duties.
If the instructions have not been changed, then the obligation to carry out business procurement is fixed directly in the text of the employment contract in addition to the reference to the job description.
The answer was prepared by: Expert of the Legal Consulting Service GARANT Olga Goryunova Answer checked by: Reviewer of the Legal Consulting Service GARANT Mikhailov Ivan The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service. For detailed information about the service, contact your service manager.
On the issue: when assigned additional duties, a civil servant is paid an allowance for combining positions
S. EMELYANOVA Document provided by ConsultantPlus on accounting and taxation Document provided by ConsultantPlus “Payment in a state (municipal) institution: accounting and taxation”, 2021, N 5 Answer: The bonus should be calculated only on the amount of salary at the main place of work, since For combining positions, the employee is paid an additional payment, which is recognized as an independent compensation payment and is part of his salary.
Article 129 of the Labor Code of the Russian Federation establishes that wages, in particular, include payments of a compensatory nature, including for work under conditions deviating from normal ones.
Who issues the order and when?
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
If the performance of the duties of an employee who has gone on sick leave does not tolerate downtime, then the employer involves another person to do this. For this purpose, a replacement is issued (Art.
72.2 of the Labor Code of the Russian Federation) or combination (Article 60.2.
Labor Code of the Russian Federation). In case of replacement, an authorized person (for example, a personnel inspector, secretary) draws up an order for replacement based on an official or memo from the immediate superior of the sick person and a written agreement of the parties.
In the second case, an order is drawn up on combining positions based on the signed consent of the part-time worker. In addition, during sick leave, the employer has the right to enter into a fixed-term employment contract with another employee (Art.
59 of the Labor Code of the Russian Federation), accepting him for this position both as a main position and part-time. In this case, a job application is issued.
Unified or accepted forms within the organization are used. The reason for issuing the order is indicated as justification.
Form of order to appoint a responsible person and rules for filling it out
The order to appoint a responsible person does not have an officially established form. It is compiled arbitrarily, but in compliance with the rules applicable to all primary documents. These rules are established by the Law of December 6, 2011, December 6, 2011 N 402-FZ. The form must contain:
- name of the organization, basic information about it, city of location;
- date and document number;
- Full name of the general director or the person authorized to issue orders;
- preamble, which indicates the brief purpose of issuing the order and contains a link to the legal norm on the basis of which it was issued (for example, a link to the Labor Code of the Russian Federation);
- the essence of the order;
- manager's signature;
- signatures of employees in respect of whom the order was drawn up, confirming their familiarization with the document.
The form is signed by the head of the organization - the general director.
How to write an order for a new main employee
If the main employee goes on sick leave for a deliberately long period, then during his absence the organization has the right to hire a new employee in his place under a fixed-term contract. It does not indicate a specific period, but an event on the occasion of which the contract ends - the departure of the main employee.
This condition is indicated in the order for hiring a deputy. The document is drawn up according to the standard T-1 form.
An approximate example of an order for employment under a fixed-term employment contract during sick leave:
How to draw up an order for an old employee on temporary transfer
To arrange a full replacement, i.e.
To assign the duties of an absent employee in full to another employee of the organization, you must first obtain his written consent. Based on this, a transfer is prepared in form T-5.
The temporary nature of the transfer and its reason are indicated. Before issuing a replacement order, an additional agreement to the employment contract is concluded.
The employee is relieved of his previous duties.
An approximate sample of an order for replacement during sick leave
Additional responsibilities within one position
No regulatory documents other than the recommendations of Rostrud say how to draw up job descriptions, so their preparation is voluntary for the employer, and the form is arbitrary. Almost everyone still prefers to draw them up, since this document:
- significantly simplifies the organization of work;
- resolves possible disagreements regarding the work being performed;
- delineates responsibility;
- eliminates duplication of similar functions;
- is compiled not subjectively “for the employee”, but “for the position”, no matter who occupies it.
REFERENCE! When determining the responsibilities of a particular position, the Unified Tariff and Qualification Directory of Works and Professions is taken as a basis. Many of its provisions are outdated, and employers often need new positions that are not reflected in it. In such cases, local executive authorities may adopt regulations on the requirements for a particular position.
Managers can determine the content of the job description themselves, therefore, within the same position, they can add additional responsibilities to it, if such are:
- fit into the qualification characteristics;
- due to technical reorganization of the enterprise;
- caused by changes in working conditions.
IMPORTANT INFORMATION! If the reason for the changes is changes in technical and/or organizational working conditions, the employee must learn about this 2 months in advance (Part 2, Article 74 of the Labor Code). The employee’s consent is not required, but it is his right to be informed in a timely manner.
In all other cases, it is necessary to draw up an additional agreement to the employment contract, providing for the mandatory consent of the employee.
How to draw up an order for an old part-time employee
If it is possible to assign to another employee only part of the functions of the person who went on sick leave or to divide them among several employees, then not a full replacement is formalized, but a combination of positions. In this case, the employee performs both his previous duties and the work of the sick person.
To do this, you must obtain his written consent. On its basis, an order and an additional agreement are drawn up.
There is no standard form for it, so it is drawn up in the free form accepted by the organization.
An approximate sample of an order on combining positions during sick leave:
Moscow June 11, 2021
About combining positions
In accordance with Art. 60.2 of the Labor Code of the Russian Federation and on the basis of the sick leave of sales manager Ivanova A.A. dated June 10, 2020, memo from the head of the sales department, A.A. Grinko. dated 06/11/2020 and an additional agreement to the employment contract of Petrova A.A. from 06/11/2020
An organization must carry out its activities in a certain mode in order to have a stable financial position in the market. But in accordance with the Labor Code of the Russian Federation, the company must periodically provide its employees with the vacation time they are entitled to.
The company's management can balance these requirements either by hiring new employees or by assigning some responsibilities to existing ones.
Assigning additional responsibilities to an employee without additional payment
The specialist gets acquainted with the job description, and therefore his responsibilities, against signature on the day of signing the employment contract.
If there is a need for an employee to perform any new functions not specified in the job description, especially if such a change is temporary, the following options are possible:
- The combination of positions is formalized in accordance with Art. 60.2 of the Labor Code of the Russian Federation, and an additional agreement to the current contract is signed.
- An employee is hired for another position as an internal part-time worker (Article 60.1 of the Labor Code of the Russian Federation). In this case, another employment contract is concluded with the worker.
Both of these options involve paying additional amounts to the employee. Is it possible to change the job functions performed by a worker without additional payments? We will answer this question below. The assignment of additional labor functions to an employee without payment is possible in 2 ways: Which option is more expedient to use is decided by the company management.
Thus, it is possible to assign additional duties to an employee without additional payment, but not in all cases.
A defined circle of responsibilities once and for all is, unfortunately, a utopia.
Life and production are complex and multifaceted; they constantly pose new challenges that need to be solved, including changing the responsibilities of employees. There is only one goal: increasing the efficiency of the enterprise, minimizing costs and increasing income.
Reasons that most often force an employer to reconsider the responsibilities of his subordinates: Logic dictates that these are the ones that will need to be amended when additional responsibilities are assigned. IMPORTANT! Managers try to secure the goodwill of subordinates when changing their responsibilities, otherwise cooperation is unlikely to be effective and last long.
There are 2 options for drawing up a list of responsibilities: No regulatory documents other than the recommendations of Rostrud say how to draw up job descriptions, so their preparation is voluntary for the employer, and the form is arbitrary. Almost everyone still prefers to draw them up, since this document:
- significantly simplifies the organization of work;
- resolves possible disagreements regarding the work being performed;
- delineates responsibility;
- eliminates duplication of similar functions;
- is compiled not subjectively “for the employee”, but “for the position”, no matter who occupies it.
Managers can determine the content of the job description themselves, therefore, within the same position, they can add additional responsibilities to it, if such are:
- fit into the qualification characteristics;
- due to technical reorganization of the enterprise;
- caused by changes in working conditions.
In all other cases, it is necessary to draw up an additional agreement to the employment contract, providing for the mandatory consent of the employee.
The characteristics and differences of these two methods are shown in the table.
In what cases are responsibilities assigned?
The assignment of certain duties represents the performance by an employee for a fee, in addition to his own labor functions, and additional ones for a temporarily absent employee.
The need for this may arise due to periods of illness of the company’s employees, their presence on business trips, vacations, and also if, within the specified time, the administration did not have time to select a candidate for the vacant position.
The possibility of establishing a combination is determined by labor law norms, and there are no restrictions on categories of workers. Only the level of education, if necessary, competence should be taken into account, and the employee involved in this task has all the necessary documentation (licenses, health records, etc.)
The duration of the assignment is established in each specific case, and is determined by the period of absence of the missing employee.
You can also submit a memorandum on your behalf to the head of the department where a temporarily vacant workplace has arisen and attach to it a statement from an employee who has expressed a desire to carry out such a combination.
In any case, if the HR department makes a positive decision, an additional agreement is concluded with this employee to his employment contract and an order is issued on the temporary assignment of duties.
According to current legislation, the order to perform duties must be communicated to the employee within three days. If it is impossible to determine the duration of the combination, it must be carried out until a special order from management about this.
Before issuing an order
Most often, the order implies the assignment of responsibility for labor protection. This is due to the fact that providing personnel with safe conditions when performing work duties is one of the first conditions for the legal functioning of an enterprise, especially those engaged in the manufacturing industry.
Before drawing up a document imposing such obligations on subordinates, they should be given a course of appropriate training.
In the future, certificates, certificates, etc. documents confirming the qualifications of employees must be attached to the order appointing responsible persons. It is important to remember that such documents are usually valid for no more than five years, so from time to time employees will have to undergo re-certification, and at the expense of the enterprise.
If responsibility is assigned to material assets, then before the employee signs such an order and assumes all risks, an inventory of the property must be completed, since in the future the person will be responsible for its safety.
How to correctly draw up an order assigning duties
Expert opinion
Mikhailov Vladislav Ivanovich
Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.
There is no single set form for creating this document. It can be made in any form on the company’s letterhead, or developed independently in the style of other personnel orders of the company.
At the top of the form you need to indicate the name of the organization, its tax identification number and checkpoint codes, and the address of the activity.
Then comes the word “Order”, next to which its date of compilation and serial number are indicated.
Below on a new line is the title of the document. Here you can write the general phrase “On temporary performance of duties,” or specifically indicate for what position he was created. The following is the reason why this document was issued.
Then comes the word “I order”, after which the steps that need to be taken to execute the order are outlined point by point:
- Which employee (his position and full name) is assigned new responsibilities, what functions and for what exact period of time;
- To what extent will it be necessary to perform these duties;
- The amount of remuneration for performing the above work;
- Who will control the implementation of this order?
Below, after the word “Bases”, you need to indicate on the basis of which the duties are assigned. This is usually an additional agreement to the employment contract.
The order is signed by the head of the company. After this, in the section “We have read the order,” the persons listed in the document leave their personal signatures.
Two ways to assign responsibilities to additional positions
There are various reasons when an employer or employee may need to change the terms of reference. For example, a position is being reduced, and another competent employee agrees to take on a new activity for additional pay. Or the employer wants the employee to perform additional functions for which he has enough working time (for example, a courier can receive calls while in the office).
The Labor Code of the Russian Federation sets out 2 options according to which an employee can be assigned new responsibilities: internal part-time work and combination work. When choosing the first or second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours.
The characteristics and differences of these two methods are shown in the table.
| COMBINATION | INTERNAL COLLABORATION |
| Additional duties are performed in parallel with the main job. | Additional duties involve completing the main job first. |
| Working hours do not increase. | Working hours are increased (up to a maximum of half a working day, but not more than 4 hours a day). |
| Payment as agreed with the employer. | Payment is proportional to time worked. |
| An additional agreement to the current employment contract and a change in the job description are required. | It is necessary to conclude another employment contract with this employee - for an additional position at part of the salary. |
| Additional duties can be removed at any time by order of management. | To remove additional responsibilities, you must terminate the relevant employment contract. |
It is up to the employer to decide which method is preferable in a particular situation.
