The basic principles for working with employees in most cases are spelled out in the Labor Code. Failure to comply with the established rules threatens the owner or director of the enterprise with serious fines. To avoid unwanted complications during inspections, you should know and apply the terms of labor law.
One of the most controversial concepts in the shopping center is production necessity. This phrase is quite often found in personnel or accounting documents, but what it means literally - an ordinary employee will not understand right away. This gives rise to the administration of the enterprise to abuse the wording, forcing them to work overtime or to perform work that is not provided for by the labor code. Let's see that this is a production necessity, and in what cases it should appear in official documents.
Definition of a concept
The Labor Code is the main document of the personnel officer and accountant. All the basic concepts relating to wage labor are laid down in this document. There is also a definition of the concept of production necessity. This, in the opinion of the founders of the Labor Code, is an urgent need for an employee to perform work that was not provided for in the employment contract. This need arises as a result of the onset of certain circumstances that may interfere with the normal functioning of the enterprise as a whole.
The onset of production need (software) fixes the administration of a separate document - an order. When the software is announced, urgent measures are organized aimed at the smooth functioning of production and technological processes, which ultimately lead to the preservation of the financial result.
Administration Actions
It should be understood that production necessity is not the standard state of the enterprise, but the exception associated with the onset of any independent circumstances. It is these circumstances that force the administration to issue an appropriate order, due to the production need to transfer employees to a different (overtime) mode of work; give employees additional responsibilities.
A different schedule for employees to fulfill their duties may be extended for a period not exceeding 30 calendar days from the date of the stipulated case. The regulation on the application of this concept is determined by Art. 72 Labor Code of the Russian Federation.
What the law says
The provisions of Art. 72 of the Labor Code of the Russian Federation determine the production need as a result of the onset of a man-made or natural disaster, an emergency at work, a natural disaster. However, it should be clarified that the concept of production necessity does not include unscheduled or ongoing inspections, inspections of regulatory bodies or the reorganization of production processes. Recall of production necessity in these cases will be unlawful.
What is software work
In connection with the production need, an employee of the enterprise can be transferred to another job with the same employer on the following conditions:
- the term of the transfer must not exceed 30 calendar days;
- the employee's salary should not be less than his average salary at the enterprise;
- the occurrence of the production need of the employee must be notified by appropriate order;
- recall in connection with the production need can be performed only with the consent of the employee.
What should be considered when translating?
If the employer manages a large network of branches and divisions, the transfer of an employee can be carried out within enterprises operating under one legal entity. However, the transfer of an employee to another company, but within the same holding is prohibited.
The second point that should be taken into account is giving the employee additional duties that he must fulfill due to dismissal or absence due to illness of another employee. In this case, the employee may take on additional work for a period not exceeding one month for a period of one calendar year. If the employee agrees to do additional work and is ready to give written consent to it, such a substitution may last even longer.
An employee can take on additional work only if his health allows it. If there are medical contraindications, they should be reflected in the personal file.
If an employee is required to be transferred to low-skilled work, his consent is required.
How to make an order?
The order to call an employee from vacation or to temporarily transfer him to another job should indicate the reason for the production need with the introduction of appropriate changes to the vacation schedule and time sheet. An order for production necessity must be presented to the employee personally. In this case, the employee does not have the right to refuse to perform additional work. Refusal to perform such work can be regarded by the administration as a violation of labor discipline, and failure to appear at work - as a truant.
Simple on production need
Sometimes a production need is not a greater, but lesser amount of work than usual. Downtime and a decrease in the volume of work may force the employer to send the employee on vacation due to production needs.
The employee should take into account that this vacation will be paid in the same way as planned, but with several amendments:
- if an employee becomes ill during a forced vacation, the sick leave will not be paid to him;
- time of forced leave is not included in the length of service calculated for a pension.