Step-by-step algorithm for replacing a temporarily absent employee during vacation under the Labor Code of the Russian Federation + sample documents

Application form for employee replacement

It is recommended to clarify this issue with your immediate supervisor or HR department. The application can be written on plain paper, A4 or A5 format, on a double notebook sheet or letterhead. In this case, everything also depends on the requirements of the company.

You don’t have to write the application manually, but type it on the computer. The main thing is to sign the document so that its authenticity is not in doubt . The application is drawn up in two copies.

One employee gives it to the employer, the other keeps it for himself, having previously certified it with the signature of the manager and the seal of the organization. This should be done so that in case of claims from the manager there is evidence that there was an agreement on the replacement.

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• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

Features of forming an application, general points

If you are faced with the task of drawing up an application to replace a colleague during his vacation, and you don’t know how to do it correctly, read the tips below and look at the example - based on it, you can easily create your own document

To begin with, general information that is relevant to all such papers.

1. Today there is no standard, unified sample application for replacement, so it is allowed to write it in free form. You can also make it according to the type of document template developed and approved within the company.
2. For the application, it will be suitable as a regular sheet of paper of any convenient format (preferably A4 or A5) or letterhead (usually, if such a requirement is established within the enterprise). The application can be typed on a computer, but with the obligatory subsequent printing, or written in your own hand - if it is necessary to prove its authenticity, this will play a role.
3. The form should be made in two identical copies , one of which must be given to the employer, the second must be kept with you, having previously secured a mark on it that a copy has been delivered to a representative of the organization.
4. The composition of the application must meet certain standards of office work, and the text must contain a number of certain information. The latter include:
5. position, full name of the manager;
6. Company name;
7. position and full name of the employee;
8. position and full name of the replaced employee;
9. the period for which this replacement occurs.

Other information can be entered depending on individual circumstances.

The form must be signed by the applicant - without his autograph it will not acquire legal status and be dated.

How to write correctly?

An application for filling a position during vacation, according to office work standards, must contain the following information:

• position of the chief director and his personal data;
• organization name;
• personal data of the employee and position held;
• personal data of the employee who needs to be replaced and the position held;
• exact dates when replacement of an employee is required.

At the bottom of the document is a signature and date of preparation.

On assigning duties to another employee

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If the head of a department wants to assign the responsibilities of an employee who has gone on vacation or issued sick leave, you can draw up a memo. This is a convenient document that is used within the company.

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• the name of the position of the manager to whom the document is sent and his personal data;
• document's name;
• reason for replacing the employee;
• who will be assigned the duties of the employee;
• what will be the payment for an employee taking on additional responsibilities;
• who exactly wrote the memo;
• date and signature.

The note is drawn up in free form or according to the model established at the enterprise. Example:

Service memo

I request accountant L.V. Sidorova for the vacation period from 08.20.2019 to 09.17.2019. assign the fulfillment of her official duties to the cashier Petrova E.A. without release from the main job with an additional payment of 50% of the salary of the absent employee for the duration of the replacement.

Chief accountant Nikolaeva V.O.

On the consent of the substitute

An employee's duties during vacation can be assigned to another employee only with his or her consent. It is formalized in writing.

The document must contain the following information:

• the position of the manager to whom the paper is sent and his personal data;
• Title of the document;
• the essence of the paper;
• personal data of the employee and position held;
• signature and date of preparation.

Statement

I request accountant L.V. Sidorova for the vacation period from 08.20.2019 to 09.17.2019. entrust the performance of her official duties to me in order to combine positions.

We transfer additional responsibilities to an employee of the organization

If for some reason the manager is not satisfied with the first option and does not want to accept a newcomer, he can involve employees who have been working in his organization for a long time. Let's look at how this can be done.

Substitution

This is a temporary transfer of an enterprise employee to the place of an employee who went on vacation (Article 72.2 of the Labor Code of the Russian Federation). During his vacation, the transferred person will perform only the official duties of a vacationer. He will have to forget about his duties for a while. He will receive a salary in accordance with the work he performs.

The replacement is formalized by an additional agreement between the employee and the employer. It should indicate the amount of salary for the period of substitution, as well as information that during this time the employee only performs the work of a vacationing colleague.

An order should also be drawn up. Form No. T-5 or form No. T-5a (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1) is quite suitable for this. It is not prohibited to use a form developed by the enterprise independently.

An entry in the work book of the deputy is made without indicating the fixed-term nature of the employment contract.

Combination

You can entrust the duties of a temporarily absent person to a specialist with a similar position or with a completely different one. In this case, the employee will have to perform not only his own duties during the day, but also the work of his vacationing colleague (Article 60.2 of the Labor Code of the Russian Federation). Combination is allowed only with the written consent of the employee (for example, his application). The registration procedure also involves issuing an order for combination. It specifies the time period for performing duties and the payment procedure. The order must be signed by the employer and employee.

An additional agreement to the contract is also signed between the parties, which must contain all aspects of cooperation, starting with the validity period and ending with the amount of payment. Since the worker will have to work for two, the employer, in addition to the salary due, must pay him an additional payment for combining positions. Its size is established by agreement between the employee and the employer and depends on the volume, as well as the specifics of the work performed by him (Article 151 of the Labor Code of the Russian Federation). Information about combining positions is not included in the work book.

Part-time job

An option is possible when the director invites a subordinate to perform the functions of a temporarily absent person on an internal part-time basis (Article 282 of the Labor Code of the Russian Federation). That is, in your free time from your main job.

The peculiarity of this method is that the employee is already working at the enterprise and an employment contract has been concluded between him and the employer. However, Art. 282 of the Labor Code of the Russian Federation requires the drawing up of a separate contract. It must contain an indication that the assigned work is a part-time job. It should be noted that a fixed-term employment contract can be concluded with an internal part-time worker (Part 2 of Article 59 of the Labor Code of the Russian Federation).

When hiring an employee, the employer issues an order to hire the employee. It must contain the thesis that the person is hired on a part-time basis (Article 68 of the Labor Code of the Russian Federation). Considering the legal restrictions regarding the duration of part-time work, you can work in this mode for no more than four hours a day. It is important to note that in relation to an internal part-time worker, it is necessary to keep separate records of working time (from the main job). An entry in the work book is made at the initiative of the worker (Part 5 of Article 66 of the Labor Code of the Russian Federation).

Writing examples

A sample application to perform duties during vacation looks like this:

Director of LLC "Standard"

Statement

In connection with the next annual leave of the chief accountant Ivanova I.A. from 07/19/2019 to 08/16/2019, I ask you to assign me the duties of the position of chief accountant from 07/19/2019 to 08/16/2019.

I have read and agree to the working conditions.

Accountant Smirnova E.N.

After drawing up the application, the employee gives the document to the manager, on the basis of which an order is issued.

How to formalize the temporary performance of duties of the General Director?

The formation of an order for the appointment of an acting director occurs in the case when the head of the organization, for some reason, is not able to be at his workplace for a certain period of time. FILESDownload a blank form for the order on the appointment of an interim director .doc order on the appointment of an interim director .doc Reasons for drawing up the order Every organization must have a manager who is appointed in accordance with the constituent documents of the company (including the charter) and is responsible for management activities. But sometimes circumstances arise when the director needs to transfer his functions to another employee - and there are plenty of them in the daily practice of any enterprise.

What is substitution

Substitution during vacation means temporary performance by an employee of the functions of another employee. In this case, replacement is possible in two options:

A temporary transfer means that the employee is relieved from performing his job functions and fully focuses on the responsibilities of the absent colleague. When combined, this is not the case: a person performs the work of a vacationing colleague as an additional burden to his duties.

This is important to know: minimum wage when calculating vacation pay in 2021

Learning to write notes: reports, official, explanatory notes

The article from the magazine “MAIN BOOK” is current as of October 5, 2012 E.V.

Orlova, Director of the Internal Audit Department of Komo LLC A formality that takes time and effort - this is how many people treat reports, official and explanatory notes and often do not see the difference between them. It is generally accepted that reports and explanatory notes are associated with the application of disciplinary sanctions.

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In fact, they are used not only for this. We will tell you in what situation it is appropriate to draw up a particular note and how to do it correctly. First of all, all notes are information and reference documents for operational management.

With their help, information is exchanged within the company (for example, between different departments or between branches, representative offices and the head office). The information in the notes does not contain orders, but can become the basis for making some kind of management decision, or can only be taken into account.

Who can be replaced, conditions for replacement

You can replace any employee of the enterprise, even the director. An important condition is the compliance of the employee’s qualifications, level of education, and experience with the position he is applying to fill.

For example, if we are talking about the main person of the company, then only an employee who is part of the management team (chief accountant, chief engineer, HR director, general affairs director, etc.) can replace him.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The same rule applies to other employees: a marketer can be replaced by a marketing department specialist with appropriate professional training, an accountant can be replaced by an employee of the accounting department, an electrician can be replaced by another electrician, etc.

During the period of substitution, the employee is provided with appropriate wages and all other conditions accompanying the position in which he temporarily finds himself.

At the same time, there are no instructions in the legislation regarding additional payments - everything is left to the parties to the agreement.

In what cases is a deputy needed?

There are a number of circumstances in which an organization may need a new specialist.

Admission to a position for a temporary period is provided if the person holding it permanently:

• is on maternity leave;
• disabled for a long time;
• went on a business trip abroad.

In addition, temporary employment is also carried out for seasonal activities, work for a period of up to 2 months, to fulfill a specific labor purpose, or for work of a public nature.

Most often, hiring is carried out during the maternity leave of the main employee and hiring during the absence of the main employee. Hiring while on sick leave is practiced only in cases of long-term illness and incapacity of the employee.

Why do you need to write an application?

The desire to perform the functions of a person who is absent from the workplace is quite understandable - it provides the opportunity to earn additional income. In addition, by temporarily performing the duties of his colleague, the employee has the opportunity to demonstrate to his superiors some new skills and abilities and earn additional bonuses.

However, you cannot just start performing the work tasks of another person - the first thing you need to do is write a corresponding statement. It will serve as evidence that the employee is replacing his colleague voluntarily. Oral agreements, which are sometimes found in organizations, are illegal.

Oral agreements, which are sometimes found in organizations, are illegal.

In the event of disagreements and controversial situations between the employer and the subordinate, it is the statement that will serve as proof that the replacement took place within the framework of the law.

In the event of disagreements and controversial situations between the employer and the subordinate, it is the statement that will serve as proof that the replacement took place within the framework of the law.

Application for refusal to combine positions - sample

Management's proposal to fill a temporarily vacant position may be rejected by the employee. This is his right and it cannot be limited due to production difficulties. In this case, the official expression of refusal is the specified document. With a written proposal from the employer, such paper is mandatory. After all, it is she who expresses the will of the employee.

Can management force an employee to replace him during vacation?

In accordance with the Labor Code of the Russian Federation, the management of an organization does not have the right to force a subordinate to perform the duties of his colleague during vacation.

By law, employees must perform only those functions that are specified in their employment contracts. They can carry out all other actions that entail an increase in the volume of work responsibilities only with a separate personal consent to this, recorded in writing.

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Useful video

How to formalize the replacement of a temporarily absent employee under the Labor Code of the Russian Federation, how to transfer the performance of duties to another employee - watch the video:

When an employee goes on vacation, it is necessary to select a replacement to perform duties during the absence. Management chooses a convenient replacement method at its discretion. The main thing is to prepare the documents correctly and obtain the consent of the replacement person in writing.

Additional work is subject to additional payment, the amount of which is determined by the company’s internal regulations.

The article describes typical situations. To solve your problem , write to our consultant or call for free:

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Features of writing a memo for all occasions: sample

A fairly large percentage of the population is associated with work in organizations of various sizes and types of activities.

In the process of performing their duties, employees regularly need to communicate with their superiors to resolve certain issues.

Since everyone can encounter this type of business correspondence, let’s take a closer look at the main questions: when and how is a memo drawn up, what are the differences in drawing up an official paper for management? In what cases is a memo written? An official memo is one of the elements of internal document flow.

With its help, company employees can resolve production issues and situations as quickly and efficiently as possible.

A memo is drawn up to solve business problems and issues related to the work of a specific employee or an entire department. In this case, the solution to the issue may depend both on another employee of the company, and on a completely different structural unit.

Is it possible to change my mind

If substitution or combination involves a long period of time for a part-time worker or deputy to perform someone else’s duties, it is quite possible that at some point, due to personal or other reasons, the employee will change his mind about continuing to work for the absent colleague. In addition, the employer himself may change his mind and, for example, decide that it is quite possible to do without a part-time worker or deputy for this position.

The law does not prohibit the parties from changing their decision. In this case, the employee or employer will need to notify the other party no later than 3 days before the planned refusal that the intentions have changed. There are no sanctions for this. The warning is issued in writing.