How to register an employee during maternity leave of the main employee?

Often, employers are not very positive about hiring employees who are able to go on maternity leave. This is due to the fact that the organization does not want to be affected by the absence of an employee. It is possible to avoid problems by hiring only certain categories of people, but this is not always effective, since current labor legislation allows not only mothers, but also fathers and grandparents to take long-term parental leave.

Therefore, the employer should still solve problems in a different way. For example, by distributing responsibilities among remaining employees or hiring a new employee to fill a temporarily vacated position. This article will tell you about the features of documenting the latter option.

EMPLOYMENT OF A NEW EMPLOYEE IN THE PLACE OF AN EMPLOYEE WHO WENT ON MATERNITY

When a person goes on maternity leave, organizations often resort to hiring a temporary worker to fill his position. In this case, a fixed-term employment contract is drawn up with the new employee. This allows you to avoid problems in the future when working with a temporary employee, as well as during his subsequent dismissal.

Note! Some employers, when hiring a temporary employee, try to conclude with him not an employment contract, but a civil law contract. This is fundamentally wrong, since in this case labor legislation does not apply.

Order on maternity leave

An order for maternity leave, a sample of which can be downloaded from the link below (hereinafter referred to as the order for maternity leave), is an internal document of the enterprise that confirms the employee’s legal absence from the workplace due to:

The main and main purpose of its preparation is to record the fact that the employee is in the subsidiary. The unauthorized departure of an employee to a subsidiary in the absence of an appropriate order may be considered a failure to fulfill labor duties and serve as grounds for his dismissal.

FEATURES OF WRITING AND COMPOSITION OF AN APPLICATION WHEN EMPLOYING DURING MATERNITY LEAVE

The personnel officer applying for a job must ensure that all documents are provided and that the employment application is filled out correctly under these conditions.

When writing an application, the following basic structure is traditionally used:

• The header of the document, containing information about the organization, its management and information about the potential employee;
• The main text is a request for employment;
• Date and signature of the person applying for this position.

The HR department employee must also take into account that when writing this type of document, the potential employee must indicate the full name of the desired position and the details of the employee who has gone on maternity leave, whose position you are going to occupy. It also makes sense to indicate the period of time of the concluded employment relationship, but it is not recommended to indicate the exact date of return of the main employee.

How to write correctly?

You can write the application by hand. To do this, you need to use a ballpoint pen with blue or purple ink. You can also type the text on a computer and then print it using special technology. It is important not to forget to sign. In any case, the application is drawn up on a white A4 sheet.

The document structure traditionally contains the following elements:

• a cap . This part provides information about to whom and from whom the application is addressed. The position, surname and initials of the head of the enterprise, as well as the name of the company. This data should be written in the dative case. Position, structural unit, last name, first name and patronymic, residential address of the candidate for temporary work. This information must be written in the genitive case. It is also recommended to provide a contact phone number;
• Title of the document . Indicated in the center of the sheet with a capital letter. There is no need to put a period at the end of a word;
• main text . This is a person’s request to be accepted into a company on maternity leave. A list of documents attached to the application is provided. It is important to write the full name of the position that the candidate wants to get. The details of the employee who went on maternity leave are also indicated. It is recommended to indicate the period of time for which the person wants to hold the position. At the same time, you should not indicate the exact date of the main employee’s return from maternity leave;
• final part . The document submission date is written on the left. The compiler's signature is placed in the center on the same line. On the right is a transcript: the initials and surname of the candidate are indicated.

When preparing an application for employment for a maternity position, it is recommended to adhere to the following rules:

• write competently and concisely;
• don't make any cuts. It is recommended to avoid using abbreviations;
• don't make mistakes;
• do not correct the text with a proofreader or by crossing out;
• If you compile an application manually, try to write legibly and clearly.

Expert opinion

Irina Vasilyeva

Civil law expert

It is recommended to fill out an application immediately before applying for a job, preferably simultaneously with the conclusion of a fixed-term employment contract.

EXAMPLE OF APPLICATION FOR EMPLOYMENT DURING MATERNITY LEAVE

In principle , an application for employment during maternity leave is usually presented in free form and is not much different from a regular application .
Next, you will be offered an approximate option for filling out an application, which can be used as a sample or template.

How to properly arrange for an employee to be hired on maternity leave

An employee going on maternity leave is not a surprise - as a rule, the expectant mother warns management in advance about her temporary disability. The enterprise where such an employee works must promptly find a replacement for the maternity leave worker and correctly draw up all the documents related to the registration of a temporary employee.

• for most middle and junior level employees – no more than three months;
• for employees hired for a period from 2 to 6 months. – no more than two weeks;
• for deputy heads, chief accountant and his deputy, as well as heads of structural divisions - no more than six months.

COMPLEX SITUATIONS WHEN WORKING WITH A TEMPORARY EMPLOYEE

Despite the correctness of the formalization of labor relations with the employee replacing the position of a person who has gone on maternity leave. Difficult situations may arise that the HR employee must resolve.

Let’s assume that an employee with a third group of disability has been hired for a temporary position. When hired, he did not provide any documents or information indicating his status. Now, when the main employee leaves, he threatens to appeal to the prosecutor's office in connection with the dismissal of a disabled employee.

Of course, based on Russian legislation, the organization could not hire such an employee under a fixed-term contract. But in this situation, the employer should not be afraid of the prosecutor’s inspection and can dismiss the disabled person according to general standards. After all, the disabled person independently refused to provide information about the need for his rehabilitation program. This does not entail any consequences for the organization.

A rather interesting situation can also arise. The permanent employee went on maternity leave, after which the employer hired a new temporary replacement in her place. The temporary employee also decided to have children before the expiration of the contract and went on maternity leave, after which she plans to go on maternity leave. In this case, the HR department should take care of temporarily replacing these women by hiring a new employee. How to do it?

First of all, it is worth noting that the employer does not have the right to fire an employee after learning about her pregnancy. Also, dismissing an employee without her desire is illegal while she is on maternity leave. To solve this problem, other measures are used. In this case, the optimal wording in the job application is to indicate the vacation period of the employee who is expected to be the first to return from vacation. This will exclude the situation when two employees apply for one position.

We prepare a temporary employee for work: application, order, entry in the labor committee, sample documents

• concluding an employment contract (Note to the candidate: make sure that the contract that is offered to you is an employment contract and not a civil law one. You can often hear the excuse that an employment contract is concluded only with those who get a permanent job. This not so. Remember that the norms of the labor code do not apply to cooperation sealed by a civil law agreement);
• application from the candidate and its subsequent registration in incoming correspondence;
• order for hiring a temporary worker (a single form or developed by the director himself, taking into account company policy);
• familiarization of the applicant with the rules, conditions and instructions under personal signature;
• entry in the work book.

• employee maternity leave; (hiring during maternity leave of the main employee)
• seasonal work;
• temporary work (up to two months);
• during the illness of the main employee; (during sick leave)
• when sent to work abroad;
• if a person is hired for a specific job with or without clear deadlines;
• internship or vocational training;
• activities of the elected body;
• alternative civil service;
• public Works.

QUESTIONS AND ANSWERS TO THEM

Question No. 1: What to do if an employee who is on maternity leave unexpectedly decides to interrupt it, and the company hires a temporary worker?

Answer: As mentioned above, in order to avoid such a situation, it should be stated in the employment contract with a temporary employee that the date of termination of his work activity will be considered the date the permanent employee starts working. In this situation, the day of dismissal of the temporary employee will be the previous day.

Question No. 2: Is it necessary to write a new application for a temporary employee hired for the position of a woman who has gone on maternity leave for the period of such leave if she goes on her next leave?

Answer: If a fixed-term contract was concluded only while the employee was on maternity leave, then after she goes on her next maternity leave, it is not necessary to write a new application and draw up a new contract.
In this case, it is enough to draw up an additional agreement to the fixed-term employment contract. Rate the quality of the article. Your opinion is important to us:

How to hire a temporary worker while the main one is on vacation

• Additional income is offered either on a temporary or permanent basis.
• The agreement is fixed by adding a new agreement to the employment contract.
• The additional fee is set either as a percentage or in rubles.

• name of the legal entity or full name of the private employer;
• registration number and registration date;
• Employee's full name. If the contract mentions a division of the company, then it is also indicated;
• type of employment. They write about temporary employment;
• type of temporary work;
• wage level;
• duration of the probationary period;
• details of the employment contract.

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How to replace an absent employee

By agreement of the parties, concluded in writing, the employee may be temporarily transferred to another job with the same employer for a period of up to one year. And in the case when such a transfer is carried out to replace a temporarily absent employee, whose place of work is retained in accordance with the law - until such an employee returns to work (Art.

72.2 of the Labor Code of the Russian Federation). So, if the parties agree to the transfer, changes should be made to the employment contract by signing an additional agreement. To complete the transfer, use Form N T-5 or Form N T-5a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1

“On approval of unified forms of primary accounting documentation for labor accounting and payment”

(hereinafter referred to as Resolution No. 1). Next, on the basis of the transfer order, information is made in the employee’s personal card (form N T-2 or N T-2GS (MS)) and personal account (form N T-54 or N T-54a).

How is an employment contract drawn up when the main employee is on maternity leave?

In the process of registering an applicant, it is necessary to correctly formulate the provisions on which the contract is concluded, and set a day for termination of the employment relationship. To help personnel workers - Art. 59 Labor Code of the Russian Federation.

A woman who has gone on maternity leave usually goes back to work after her child is three years old. When applying for a temporary employee, be sure to take this nuance into account. And it is necessary to fix in the contract a provision that he leaves his place of work if the maternity leave takes place. It is important to determine the last day of work of a temporary worker. A letter issued by Rostrud N443 dated 2007 provides an explanation on this matter.

In the letter, Rostrud indicates that the last day of an employee on maternity leave is the last day when he actually works. If he does not work for any reason (for example, sick leave), then the last day is the date on which his place of employment was retained.

When a temporary employee leaves, he is given a work book against signature. With it, the employer makes a full calculation of the money earned, taking into account the time worked and vacations not taken.

Typically, women on maternity leave an application to the employer with the date of leaving maternity leave. Therefore he knows about it in advance. There is enough time to terminate a fixed-term employment contract.

The contract is terminated

According to Art. 79 of the Labor Code of the Russian Federation, the employer warns the employee about the termination of the working relationship. This must be done no later than 3 days before the maternity leave leave.

What to do if an employee hired for a maternity position also goes on maternity leave? Here it is appropriate to talk about the development of two situations:

1. An employee hired is pregnant until her maternity leave. Dismissal can occur with the expiration of the contract, if it is issued on a temporary basis, it reflects that the position held is retained until the day the main employee leaves. Based on Art. 261 of the Labor Code of the Russian Federation, an employee (temporary) refuses another position offered to her by the employer. Or there are simply no jobs for her at the enterprise.
2. If the contract was signed temporarily, for a fixed-term period, there is no need to warn about dismissal. Art. speaks about this. 59 Labor Code of the Russian Federation.

The position offered to the employee replacing the maternity leave must correspond to her qualifications. At the same time, her position should be taken into account and the question of whether she can perform labor duties at a new place of work should be analyzed. The place of work must be in the same region where the temporary position was. If a woman was employed under a fixed-term contract, and this circumstance was not related to the fact that she was replacing a person on maternity leave, the employer must extend the agreement with her. And this is done until the end of pregnancy.

The employer has the right to verify the presence of pregnancy. A certificate serves as evidence. It is taken at a medical facility.

Entry in the work book

We should not forget that it is necessary to make a record of employment in the work book in any case, regardless of whether the employment is permanent or temporary.

In case of official, albeit temporary, employment, a prerequisite for legality is making an entry in the work book.

The following entries are made in the work record:

1. serial number.
2. start date of cooperation.
3. job title.
4. order number.

It is not necessary to specify what type of contract is used; this will be clear upon dismissal, where, according to Article 77, paragraph 2 of the Labor Code of the Russian Federation , it is intended to indicate that the contract has expired.

If the job applicant does not have this document, the employer must issue it.

Samples of labor records

Below are examples of entries in the work book when applying for a job in the place of a person on maternity leave:

Sample order on assigning duties to a director during vacation

The document is drawn up in the same way as in the previous case. Minor changes are present in its main part. As a basis for registration, it is permissible to indicate a link to administrative documentation - a vacation schedule or a vacation order.

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, acting on the basis of the Charter, on the one hand, and Ksenia Borisovna Filippova, holding the position of accountant, hereinafter referred to as “Employee”, on the other hand, collectively referred to as the “Parties”, have entered into this additional agreement to the employment contract dated March 12, 2021 . N 31-TD about the following: 1.

Application for replacement during vacation

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. 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.

Application for temporary transfer

Since a temporary transfer during the absence of the main employee is carried out at the initiative of the employee, wages will correspond to the new position.

As with complications. Miscarriage or subsequent death of the child. The vacation lasts 76 days before childbirth and 86 after it. Abortion before 21 weeks. Leave is given for the entire period of rehabilitation.

Regardless of whether the salary for the new position has become higher or lower than the salary for the old one. An application for the temporary transfer of an employee to a vacant position due to the absence of the main employee is drawn up in any form. It indicates the full name. and the position of the employee, the basis for the transfer (due to the temporary absence of the main employee), the name of the position to which the employee wants to be transferred, the period of such transfer.

The deadline can be indicated in the application either by indicating a specific date or by providing general wording -

“until a temporarily absent employee returns to work”

.

Please note that an employee’s application for transfer is only his wish. Accordingly, the employer can either agree with the employee’s transfer or refuse it.