Additional payment for performing the duties of a deputy school director. director for water management

Who can be assigned the duties of director during vacation?

The responsibilities of the company manager include organizing the work process, monitoring production activities in general, signing documentation, etc. All these functions during the vacation period must be delegated to another employee, in whose competence the director must be confident. The appointment of an acting manager during his absence is mandatory, regardless of the size of the organization.

Most often, the company has a deputy or assistant manager on staff. It is on him that he entrusts his powers, but the director can also grant rights to another person from the staff, securing them by order.

You should also take into account the requirements of the enterprise charter regarding the procedure for assigning duties to a manager during his vacation. If it stipulates that coordination with a higher organization, board of directors or founders is necessary, then the following procedure is observed:

The manager submits an application for the next vacation, indicating the duration of the vacation and its start date.
The board of directors (founders) agrees on the time of absence of the director and determines his replacement.

If the company does not have a higher structure, the manager independently decides when he will go on vacation and delegates authority to any employee during his absence.

Dismissal of a manager due to liquidation of an organization

How to fire a director if the owners of the LLC decided to liquidate the company and appointed a liquidation commission to which all the powers of the director were transferred?

If the company’s participants decided to voluntarily liquidate the organization and appointed a liquidation commission, then the powers of the director to manage the current activities of the organization are terminated (clause 3 of article 2 of the Civil Code of the Russian Federation and clause 3 of article of the Federal Law of 02/08/98 No. 14-FZ “On limited liability companies"; hereinafter referred to as Law No. 14-FZ).

In this case, the owners have the right to simultaneously dismiss the head of the organization. Such dismissal is possible on the basis of clause 2 of part 1 of Article 278 of the Labor Code of the Russian Federation by decision of the authorized body (general meeting, board of directors, sole participant, etc.). Also, the decision of the LLC owners to liquidate the organization and appoint a liquidation commission can be recorded in the employment contract with the manager as an independent basis for his dismissal (clause 2, part 2, article 278 of the Labor Code of the Russian Federation). In such a situation, a decision from the authorized body to dismiss the director will not be required.

However, in both cases, dismissal occurs on the basis of Article 278 of the Labor Code of the Russian Federation. This means that the former director must receive compensation provided for in Article 279 of the Labor Code of the Russian Federation (clause 9 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/02/15 No. 21 “On some issues that the courts have encountered when applying the legislation regulating the work of the head of the organization and members of the collegial executive body organization"). But what if the company being liquidated does not have the money to make such a payment?

It is possible that in such a situation it is more profitable to treat the manager as an ordinary employee, that is, to warn him two months in advance about the upcoming dismissal due to the liquidation of the organization (Part 2 of Article 180 of the Labor Code of the Russian Federation). And since during these two months the director will no longer perform his functions, declare this period as downtime due to the fault of the employer with payment in the amount of at least two-thirds of the average salary (part 3 of article 72.2 of the Labor Code of the Russian Federation, part 1 of article 157 of the Labor Code RF).

Let us clarify that in the case under consideration, the reason for the director’s failure to fulfill his official duties cannot be attributed to reasons that do not depend on the employee and the employer. After all, the basis for downtime will be the decision to liquidate the organization made by the employer. And independent reasons, according to the courts, include only those circumstances that are extraordinary or unforeseen in nature, for example, natural disasters, accidents, other emergency situations (see the determinations of the Chelyabinsk Regional Court dated 01.08.11 No. 33-8248/2011, Omsk regional court dated 01.09.10 No. 33-5378/10).

Who draws up the order?

The replacement of a manager must be formalized in writing. For this purpose, an order is drawn up, which is a local administrative document for the organization.

The order is drawn up by the person responsible for personnel records, based on the vacation schedule, personal order of the director and the decision of the general meeting, if approval is necessary with the board of directors or founders. An order can be made by:

secretary;
accounting worker,
HR employee;
another employee of the organization whose job responsibilities include working with personnel.

Orders on the organization are signed with the personal signature of the director or his deputy. The manager signs the order in connection with the vacation personally before it occurs, then it is agreed upon with the person to whom the authority is entrusted.

Dismissal of a manager on his own initiative

The head of the organization filed a letter of resignation in the manner prescribed by Article 280 of the Labor Code of the Russian Federation. In this case, is a decision of the general meeting of LLC participants required to approve the termination of the employment contract with the director?

According to subparagraph 4 of paragraph 2 of Article of Law No. 14-FZ, the formation of the executive bodies of the company and the early termination of their powers falls within the competence of the general meeting of LLC participants. This means that the general meeting can dismiss the manager at any time. This conclusion is confirmed by the rules of Article 278 of the Labor Code of the Russian Federation, which provides for the possibility of dismissing a manager by decision of the authorized body of the LLC without explaining any reasons.

At the same time, according to Article 280 of the Labor Code of the Russian Federation, the manager has the right, on his own initiative, to initiate the procedure for terminating an employment contract. At the same time, the legislation does not contain a direct indication that the manager’s decision to dismiss must be approved by society. Accordingly, if the dismissal occurs on the initiative of the manager (and not the LLC), then the authorized body of the organization does not need to make any approving decisions.

Note that the courts take a similar approach. Thus, the decision of the Twelfth Arbitration Court of Appeal dated November 12, 2014 No. A12-31975/2013 directly states that in order to dismiss “at his own request,” the manager is only obliged to notify the employer in writing no later than one month in advance. This obligation is of a notification nature and is not related to the adoption of any decisions by the LLC participants - the owners of the organization.

Rules for drawing up an order

The legislation does not establish a unified form of the order. When compiling it, you should be guided by the rules of record keeping. The document must contain the following details:

full name of the organization in accordance with the statutory documents;
place, date of preparation and serial number of orders for personnel;
Title of the document;
the period the director is on vacation (start date and duration in calendar days);
information about the replacement person (position, full name);
the amount of additional payment for performing the manager’s job duties during the period of his absence;
date of signing and personal signature of the director;
agreement with the substitute person (date of familiarization with the order and personal signature).

Additionally, the order may indicate the basis for granting the next vacation, for example, a vacation schedule.

Notification of the Federal Tax Service about a change of director

Is it necessary to separately notify the tax inspectorate about the termination of the powers of the director (without entering information about the new director into the Unified State Register of Legal Entities)?

A legal entity, within three days from the date of change in information about the executive body (director) contained in the Unified State Register of Legal Entities, is obliged to notify the registration authority at its location about such change. This follows from the provisions of subparagraph “l” of paragraph 1 and paragraph 5 of article Federal Law dated 08.08.01 No. 129-FZ “On state registration of legal entities and individual entrepreneurs” (hereinafter referred to as Law No. 129-FZ). Notification of the registration authority is carried out according to the rules established in articles of Law No. 129-FZ. To provide the specified information, you need to submit an application in form No. P14001 (approved by order of the Federal Tax Service of Russia dated January 25, 2012 No. MMV-7-6 / [email protected] ). This statement contains information about the person who has the right to act on behalf of the organization without a power of attorney.

Submit documents for registering an LLC/IP or making changes to the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs via the Internet

At the same time, the legislation does not oblige legal entities to report to the registration authority information about the termination of the powers of the sole executive body of the company without simultaneously entering into the Unified State Register of Legal Entities information about the person newly appointed to this position.

Taking into account the above, in the situation under consideration, the organization must, within three days from the date of appointment of a new head, submit to the registration authority an application in form No. P14001, signed by the new head (letter of the Ministry of Finance of Russia dated 07/07/06 No. 03-01-11/3-64). There is no need to separately notify the registration authority of the dismissal of the previous director.

Writing examples

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

Director of LLC "Standard"

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.

In any organization, people go on vacation, sick leave, go on business trips or for training. Therefore, there is often a need to replace one specialist with another.

Which replacement method should the employer choose: combining positions, increasing the volume of work or temporary replacement? How to formalize the completion of such work and establish additional payment for it? Is it possible not to pay for it at all?

Step 1. Decide on the method of temporary performance of duties

The Labor Code provides for three ways for an employee to perform additional work without being released from the main one: combining positions (professions), increasing the volume of work (expanding service areas), and also performing the duties of a temporarily absent employee (Article 60.2 of the Labor Code of the Russian Federation).

The named methods are united by the fact that additional duties are carried out without interruption from the main job and during the established duration of working hours (shift) (part one of Art.

60.2 of the Labor Code of the Russian Federation). If such work is performed outside the working day, then it will be an internal part-time job (Art.

60.1, part one, art.

282 of the Labor Code of the Russian Federation). The employer’s choice of the form of performance of additional duties depends on the nature of the work.

In this case, it is necessary to take into account the features of each method.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Combining positions (professions) is the performance by an employee of additional work in another position (profession) (part two of Art.

60.2 of the Labor Code of the Russian Federation). An employee cannot combine positions of the same name.

Most often, combination is established when a staff position in an organization is not filled (vacant) for some reason. For example, a secretary, along with his work, can temporarily perform the labor function of a resigned personnel officer on a part-time basis until a new employee is hired for this position.

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)

An increase in the volume of work (expansion of service areas) is the performance by an employee of additional work in the same profession, but in an amount exceeding that established by the employment contract (part two of Art.

60.2 of the Labor Code of the Russian Federation). For example, if a cleaner, working at one rate, must clean 80 sq.

m of space, then, as part of an increase in the volume of work, she can be instructed to clean an additional 20 square meters. m during her main working hours.

Of course, if she is able to cope with such a volume.

Fulfilling the duties of a temporarily absent employee is the performance by an employee of additional work in the same profession or in another (part two of Art.

60.2 of the Labor Code of the Russian Federation). In this case, it is assumed that the replaced employee continues to be registered in the organization, but for some reason is not able to fulfill his duties.

In other words, temporary replacement is allowed only for occupied positions and is not allowed for vacant ones. So, an engineer can temporarily perform the duties of a supply manager while he is on sick leave.

Attention! If the position that the employee will temporarily fill involves direct servicing of material assets, enter into an agreement with him on full financial responsibility (Article 244 of the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85)

It must be borne in mind that if an acting employee is released from his main job, then this is a temporary transfer to another job (part one of Article 72.2 of the Labor Code of the Russian Federation).

Step 2. Obtain written consent from the employee

Additional work on the terms of combining, fulfilling the duties of a temporarily absent employee or increasing the volume of work can be assigned to the employee only with his written consent (part one of Art.

60.2 of the Labor Code of the Russian Federation). It can be expressed in an employee’s statement or formalized in a proposal for combination (increasing the volume of work, temporary replacement).

Step 3. We conclude an additional agreement to the employment contract

After receiving the employee’s consent, you need to draw up an additional agreement to his employment contract (part three of Art.

60.2 of the Labor Code of the Russian Federation). It must indicate: the name of the position for which additional work will be performed, its content and volume; the amount of additional payment for combining positions (increasing the volume of work, temporary replacement); the period during which the employee will perform additional work.

If the combination of professions is due to the presence of a vacant position in the organization, then the term of work in the additional agreement can be formulated as follows: “The employee is entrusted with performing the duties of an accountant in the order of combining positions with an additional payment of 40 percent of the salary for the combined position from April 7, 2014 until the closure vacant position."

When performing the duties of a temporarily absent employee, when it is impossible to accurately determine the moment of his return to work, the additional agreement with the replacement employee can indicate: “The employee is entrusted with performing the duties of an accountant in the order of combining positions with an additional payment of 40 percent of the salary for the combined position from April 7, 2014 until the absent employee returns to work.”

Attention! If the manager does not formalize or 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

Based on the concluded agreement, issue an order for the temporary performance of additional duties (sample below). The document must indicate the work being assigned, the deadline for its completion and the terms of payment. Familiarize yourself with the employee’s order against signature (paragraph 10, part two, article 22 of the Labor Code of the Russian Federation).

Step 5. Set the surcharge

Despite the fact that labor legislation does not establish minimum and maximum amounts of additional payment for the temporary performance of additional duties, the employee must be paid for this work. The amount of additional payment is determined by agreement of the parties and depends on the volume and content of additional work (Part.

second st. 151 Labor Code of the Russian Federation).

At the same time, the employer must remember his obligation to provide equal pay for work of equal value (paragraph 6 of Part.

second st. 22 Labor Code of the Russian Federation).

The surcharge can be set either as a fixed monetary amount or as a percentage of the tariff rate (salary) or the employee’s salary.

Remember the main thing

Says: Larisa Gordeeva – head of the personnel department of LLC “Personal-Group T” (Tomsk):

– Temporary performance of additional duties without release from the main job is possible in three forms: combining positions (professions), increasing the volume of work (expanding service areas), as well as performing the duties of a temporarily absent employee. When combining positions, the employee performs additional work in another position; in case of temporary replacement, both in the same profession and in another.

An increase in the volume of work involves working in the same position, but on a larger scale.

Ivan Uteshev – legal consultant of the Energogarant Insurance Joint Stock Company (Moscow):

– The employer must properly formalize and pay the employee for additional work. To do this, it is necessary to obtain the written consent of the employee, draw up an additional agreement to the employment contract and issue an order in any form.

There is no need to make an entry in the work book about the temporary performance of additional duties, but this information can be entered into your personal card.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Milana Dubrovskaya – head of HR administration and personnel settlements practice at Adolex LLC (Moscow):

– The additional agreement to the employment contract must contain the following mandatory conditions: the method of assigning responsibilities to the employee to perform additional work (combining or expanding the service area, increasing the volume of work), a list of assigned work. And also the period during which the employee will perform it, the amount of additional payment.

The departure of a key employee on vacation always has a negative impact on the activities of the enterprise. To eliminate or minimize costs, the company can hire another person to perform his duties during the absence of the main employee.

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To do this, you need to conclude an employment contract. It must specify all the conditions and work, the execution of which is mandatory.

Labor Relations

The Labor Inspectorate takes the position that the powers of the director, as the sole executive body, remain with him at all times, regardless of his actual presence at the workplace.

The director can sign orders, instructions, contracts both during vacation and during illness. Including orders on hiring and dismissal of an employee at his own request, on transfer, on awarding bonuses, etc.

The director has the right to sign any personnel documents without being at the workplace, if these documents do not entail negative consequences.

But, a signed order, for example, imposing a disciplinary sanction, which the director, while on vacation, could not know about, the employee will be able to appeal in court.