For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, it is provided that the duties of the temporarily absent employee be assigned to another person. How to arrange it?
In this situation, there are subtleties that both the personnel officer and the manager must know. Yes, and employees to improve the educational level will benefit. Let's look at how the assignment of duties of a temporarily absent employee is made, on which each of the parties to the process should concentrate.
Options for solving the problem
It should be noted that the assignment of duties of a temporarily absent employee is carried out only in accordance with the law. In TC proposed two options for solving the problem. The administration can offer the employee a combination, that is, he will work for a while for two. Another way is to translate. In this case, the employee is released from the main duties.
For example, if the boss’s secretary went on vacation or fell ill, a courier could be put in his place. In this case, the administration should consider whether this person will be able to fulfill his previous duties. If he manages to meet his working hours, then apply part-time, otherwise - transfer.
The assignment of duties of a temporarily absent employee must be properly formalized, take into account the surcharge. It is also necessary to keep in mind that in post-Soviet countries, the legislation of which in the field of labor relations is based on the previous code, changes have occurred. Therefore, personnel officers should seek a solution based on the national regulatory framework.
Matter of principle
The procedure for assigning the duties of a temporarily absent employee is set forth in the articles of the relevant national legislation. The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must secure the document in which it is expressed. Lawyers recommend signing an additional agreement. It indicates the following data:
- Parties to the contract.
- List of duties or posts.
- Scope of work.
- Surcharge.
- Terms of validity.
The signing of such an agreement will mean the written consent of the employee. On its basis, an order is drawn up to impose the duties of a temporarily absent employee. In such a document, the above data shall be indicated.
Assignment of duties of a temporarily absent employee (RB)
The legislation of Belarus also provides for two options. It is about substitution and combination. The first is the release from basic duties and the assignment of what the absent employee did. The second option involves a double load. Substitution may be made with the consent of the worker.
There are exceptions. In the case when there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually, translation (combination) is by agreement. That is, the employee is offered to do other work for a while. He signs the corresponding paper, which indicates the timing and amount of payment. It is forbidden to establish wages, the amount of which is less than the amount that a person received earlier.
Documenting
Any changes in the work schedule should be made out with appropriate papers, including the assignment of duties of a temporarily absent employee (RB). The order on this topic is no different from other similar documents. It indicates all the details, as expected. Still need a link to the corresponding article of the TC. An order or other document characterizing the reason for the absence of an official and a memorandum from the head of the unit shall be indicated as the basis. Here is an example:
“Based on Art. 67 of the Customs Code of the Republic of Belarus and due to the absence of the secretary of the head, S. Ivashchenko, at the workplace:
- The execution of the duties of the secretary of the leader is assigned to the HR specialist Ischenko R. T. with her written consent for the period (indicate) with the responsibility for carrying out the main work.
- Accountants make surcharge Ishchenko R.T. in the amount of 50% of the secretary’s salary during the specified period. ”
You can familiarize yourself with such an order in more detail below.
Subtleties of legislation
Back to the Labor Code of the Russian Federation. Fundamentally, the regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an assignment order, you should think carefully about the reason for the lack of a worker. Vacation or sick leave options are common. They do not require explanation.
But if the employee went on a walk, then you must first publish a document on the beginning of the investigation (act), only then transfer his duties to others. That is, the absence must be explained. The regulation of surcharges is also different in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amount. They are charged on a contractual basis. But in Belarus it is also true only for private enterprises. Part-time bonuses to state employees are regulated by the government.
Assignment of duties of a temporarily absent employee without consent
Such a measure is practiced in special conditions. Disasters, accidents, natural disasters and other events that threaten the population (its parts) are equated to them. With such a development of events for a period of up to a month, a person can be assigned another job. Such a norm exists in the legislation of both the Russian Federation and Belarusian.
Naturally, the personnel officer will still have to issue all this by order. Labor Code of the Russian Federation allows the transfer without consent in other cases. These include, for example, downtime or liquidation of an accident. However, it is prohibited to transfer an employee to a position with a lower qualification without written consent. This should be taken into account in the work.
Simpler Substitution Method
In order to prevent the production process from slowing down due to illness or specialist leave, another person can be hired in its place. Sometimes this method is more optimal than reallocation of duties. However, the leaders go to him extremely reluctantly. It's all about finances. A newly hired employee will have to pay the entire salary, while a full-time employee and half are enough. It turns out a serious saving of funds.
There is still such a nuance as an introduction to the course of affairs. The new man is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down. Temporary assignment of duties can be carried out for up to one year or until the main employee leaves. In the case of a transfer, the place of service is retained by the person. That is, when the main employee returns, his "deputy" should be given the same place.