Performing work during the absence of the main employee. Basic provisions of the maternity period

Maternity leave is granted to female employees on the basis of a certificate of incapacity for work. During the period of maternity leave, the employer has the right to hire another employee. When hiring an employee, the temporary nature of the employment is taken into account.

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The period of maternity leave is determined strictly according to the certificate of incapacity for work. The period contains the prenatal and postpartum periods, indivisible and indicated in full in one sick leave.

The start and end dates of the vacation are determined by the pediatric consultation doctor. At the end of prenatal and postnatal leave, a period of child care is issued.

Basic provisions of the maternity period:

• the period is 140 days and can be extended with a new certificate of incapacity for work in case of complicated childbirth;
• in case of successful childbirth, the employee is given the right to take maternity leave;
• child care time does not apply to the period of maternity leave, it is provided on the basis of the person’s application and by order of the employer.

During the period of temporary absence of the employee, it is allowed to hire another employee under a fixed-term contract. At the legislative level, the right is granted in the Labor Code of the Russian Federation.

During the hiring of a temporary person, the main employee is assigned a place of employment. After absence, the employee returns to the place he occupied before maternity leave.

If a temporary worker is hired only for the duration of the main employee’s certificate of incapacity for work, the period of his employment is limited to the end date sick leave.

Despite urgent nature contract, the employer must not warn the person about the end of the agreement (Labor Code of the Russian Federation).

Possible employment options:

1. Hiring an employee to the main place of employment under a fixed-term employment contract.
2. Hiring a part-time employee who has his main place of work. Upon registration, an employment contract is concluded. The duties of a person on maternity leave are fulfilled by working out working hours.
3. Registration of combining the duties of an employee of the enterprise for the period of absence. The performance of the duties of a temporarily absent person is entrusted to an employee of the enterprise during the period of performance of the main work. Any employees have the right to combine positions, except those with positions special conditions work with increased harmfulness or related to transport management.

Temporary employment for the period of sick leave for prenatal and postnatal leave is allowed for enterprises of all forms of ownership.

Payments for sick leave are fully compensated by the Social Insurance Fund. Remuneration to the replaced employee does not lead to exceeding the approved fund wages, which is especially important for accounting for budgetary organizations.

How to draw up an order for employment during maternity leave and its sample

An administrative document (order) on employment is drawn up for persons hired under an employment contract. The employer independently has the right to choose the wording in the contract that determines the period of validity of the substitution.

Possible forms include:

• definition in the contract of a limited period of validity. The end date is the day the certificate of incapacity expires;
• hiring for the period of temporary absence of an employee (specify data), whose place of employment is retained.

In case of employment before the actual return to work of the main employee, the temporary agreement will also be valid for the period of parental leave.

There is no need to renew the contract. If the main employee is dismissed at the end of maternity leave (for example, due to moving to another location), the agreement becomes an open-ended contract.

If the contract is urgent in nature and limited to the day the sick leave ends, an extension is possible by drawing up an additional agreement.

For example, you can formulate: “Extend the validity of contract No. 1 dated January 10, 2015. Ivanova A.A., concluded for the period of prenatal and postnatal leave by Petrova M.T., until the date of departure of the main employee.”

The employment order must reflect prerequisites hiring:

• information about the enterprise;
• document numbering assigned in accordance with the registration log;
• information about the hired employee;
• information about the position or specialty being filled;
• conditions and nature of work;
• remuneration and allowances;
• probation;
• the basis for issuing the order is an employment contract indicating the numbering of the document.

The form is signed by the manager or a person with similar rights - his deputy. The person being hired must be familiarized with the order within 3 days from the date of employment.

If the enterprise formalizes a combination of positions to perform duties, the order is drawn up in free form. In document flow when registering a combination important role plays a statement.

An employee can be entrusted with combining positions only with his voluntary consent. Before the order is issued personnel body the enterprise draws up an additional agreement to the main contract of the employee who formalized the combination.

An approximate wording of the text of the order: “To formalize the combination of the position of manager for economist A.A. Petrova. for the period of maternity leave Serova K.K. (or until the main employee K.K. Serova leaves) from November 25, 2019. Establish an additional payment for combining duties in the amount of 30% of the salary of economist A.A. Petrova.”

The order is signed by the manager and then reviewed by the employee. The document serves as the basis for calculating wages.

No time records are kept for combination work. The employee's salary is calculated in the amount established in the order - a fixed amount or percentage in relation to the basic salary. An entry about combining positions is not made in the work book.

With probationary period

The procedure for determining the probationary period is defined in the Labor Code of the Russian Federation. The period is provided to determine the employee’s suitability for the position held. The test is administered once during employment.

Features of the probationary period for replaced persons:

1. When compiling fixed-term contracts for a period of validity from 2 to 6 months, the test time should not exceed 14 days.
2. For contracts with a validity period of less than 2 months, the trial period does not apply.
3. If a combination of positions is arranged for a temporary employee, a probationary period is not established. When combining, only an additional agreement to the existing employment contract is not concluded, which cannot contain a probationary condition. There is no condition of initial employment.

The calculation of the end of the trial period is determined without taking into account the time of absence due to illness, vacation or other reasons permitted by law and subject to the consent of the employer.

If a person has begun performing temporary duties by way of transfer, a probationary period is not assigned.

In order of translation

The transfer of an employee is carried out either within the enterprise or from one permanent employer to another. The place of employment during the employee's maternity leave is not vacant.

Translation to permanent place employment between enterprises is not carried out, except in cases of fixed-term contracts at both places of employment, which does not lead to a deterioration in conditions.

Translation is understood as a change in the terms of the contract, executed by agreement of the parties and on the basis of a written agreement.

The fact of transfer is not reflected in work book due to the temporary nature of the work. Sample text: “Transferred to the position of economist.”

The additional agreement and order must indicate that the transfer is carried out for the period of temporary absence of a specific person. The employer must reflect information about the transfer in the employee’s personal card.

After the employee returns from maternity leave, the replacement employee is transferred to the previous place of employment. The temporary employee must be notified of the transfer 3 days in advance.

At the same time

A part-time worker may be hired while the employee is on maternity leave. The contract is of a fixed-term nature until the end of the sick leave or establishes a period until the departure of the main employee, taking into account the prospect of taking parental leave. The employee is employed at extra bed in the presence of a main agreement.

Hello! In this article we will talk about temporary workers and formalizing legal relations with them.

Today you will learn:

1. Who are temporary workers?
2. How to make up with them;
3. How to properly fire a temporary employee.

Any company may need temporary workers. Sometimes specific types of work are required, or a key employee is still being sought, but the work needs to be done urgently. Let's figure out how to hire them, fire them and provide leave.

Peculiarities

Temporary workers are people who are hired for a specific period of time or to do a specific job. It is concluded with such employees.
Find temporary employees – great option when you need to hold, for example, a one-time event: a tasting, a sale, a presentation of something. They are also often involved in seasonal work: as sellers, operators on children's attractions, and so on.

Who can be considered a temporary employee?

• Conscripts. Citizens hired with a temporary certificate employment contract;
• Substituting. Hired when the main employee is on vacation, sick, and so on;
• Seasonal. Accepted to perform work characteristic of a specific time of year;
• Part-timers. They can be hired on a permanent basis, but fired when the main employee is hired.

Important nuances

1. Temporary workers are assigned a probationary period not exceeding fourteen days. Therefore, their selection must be careful.
2. A temporary worker can be invited to work on days off, but only if he himself agrees to it.
3. An employee hired temporarily has the right to leave, which must be paid. But it amounts to 2 working days per month worked.

Temporary workers under 18 years of age

School holidays - great time For . The most important thing is that this is not prohibited by law. The main thing for the employer is to follow certain rules.

They are as follows:

• The child's age is 14 years or more;
• Working hours – no more than 12 hours per week;
• Parents must provide written consent.

Pros of hiring temporary employees

• Reducing labor costs;
• Opportunity to attract a specialist high level to perform a serious task (without registering it as a staff member);
• Significant cost optimization.

Hiring a temporary worker

When an employer hires a temporary employee, he has two options: to enter into a civil law contract with him or a fixed-term employment contract.

The first option is more suitable when strict execution is required certain work. But when concluding such an agreement, there is a risk: when checked by specialists from the Social Insurance Fund, such agreements will be carefully checked and it is possible that they will be recognized as labor agreements and fines will be imposed on the company.

Concluding an employment contract is safer in this regard. In particular, it is better to conclude it if the scope of work is difficult to calculate and it is difficult to say when this work will be completed. type of promotions.

The details of concluding a contract with an employee hired for temporary work are as follows:

• Term of the work. It is better to record it, and the exact date of termination of work is usually not indicated. If a person is hired to temporarily replace another employee, it can be formulated as follows: “This agreement was concluded for the period that manager N. is on sick leave.” Then this agreement will terminate from the date N. leaves sick leave;
• An employee hired for a temporary job must be notified of his dismissal., and in in writing and no later than 3 calendar days before this date. This applies to a situation where a specific date for termination of the contract is specified. If it is initially impossible to determine a specific date, no warning is required;
• If the contract period has expired, but both parties do not require termination and the temporary employee continues to operate, the contract becomes indefinite;
• Clarification of information about the probationary period. If the contract is concluded for no more than 2 months, a trial period is not assigned at all, and if it is for more than 2 months, then the trial period should not exceed 2 weeks.

Reflection of temporary work in documentation

The work book must reflect the fact of such activity. As usual, upon hiring, an order from the manager is issued, and the employee signs to familiarize himself with it. If the contract becomes permanent, then an entry is made about the transfer to permanent job.

At the same time, if the employee was hired for no more than 5 days, it is not necessary to make an appointment.

Temporary replacement order

To apply for a temporary replacement, you need to take the following steps:

• Obtain the consent of the substitute;
• Sign an additional agreement on temporary replacement;
• Based on these documents, draw up an order.

The order should contain the following points:

1. Information about the employee who will replace the absentee;
2. The reason why the replacement is being issued;
3. Date from which replacement begins;
4. A specific end date for the replacement or another way of indicating the period;
5. Payment amount;
6. The basis on which the order is issued.

In general, the form of the document can be called free. If the absent person is financially responsible, then a MO agreement must be drawn up with the replacement employee.

Methods for extending the contract

For example, a person has a fixed-term employment contract for the period of absence of the main employee. This employee returns to his place of work, and the manager still needs the services of a conscript. How to legally extend a contract? This can be done without violating the law. For example, by concluding an additional agreement.

However, it is better to indicate in it that the previously agreed period is changing, rather than being extended. Also, in order to avoid disagreements, such a change is discussed with the temporary employee 3 days before the end of the contract.

What rights does an employee working temporarily have?

This category of employees has the same rights and responsibilities as other employees. Hiring takes place in a standard manner; the list of documents for hiring does not differ from the usual. A temporary employee can also leave at will, informing the employer.

The only difference: severance pay temporary employees are not paid.

Vacation for a temporary worker

The procedure for granting leave is as follows: temporary or seasonal employees are entitled to paid leave in the amount of 2 working days for each month worked.

Maternity leave for a temporary worker

If the term of the concluded employment contract expires during the pregnancy of a temporary employee, she should do the following: write an application addressed to the employer, to which attach a certificate from medical institution, which confirms the presence of pregnancy. In this case, the term of the employment contract will be extended until the end of the pregnancy.

Once every three months, the employee must provide such a certificate to the employer.

It is possible to dismiss a temporary employee who is pregnant, but only if she performed the duties of an absent employee who is ready to return to her place. The employer, in turn, is obliged to offer the temporary employee all vacancies that are available and correspond to her skills and state of health.

If the contract is not terminated before the decree, the obligation to make all payments falls on the employer.

How to fire a temporary worker

The Labor Code of the Russian Federation clearly regulates this issue. The basis for dismissal is the end of the employment contract. The employee is aware of the fact that his employment contract will be terminated as soon as the agreed period expires.

Regarding the general procedure:

• A dismissal order is issued;
• An entry is made in the employee’s personal card and work book;
• The employee signs for familiarization with these materials;
• On the last day of work he receives his due payments. The fact that the calculation has been made is recorded by filling out a note - calculation.

Work temporary workers registration is quite simple. The main thing is to follow all the rules and regulations in order to avoid not only disputes and conflicts, but also to preserve your business reputation.

EMPLOYMENT AGREEMENT N 10 08/01/2011 Minsk 1. Limited Liability Company "Klyuch" represented by director Alexander Ivanovich Shumelkin (hereinafter referred to as the Employer), acting on the basis of the Charter, on the one hand, and Andrey Sergeevich Kopeiko (hereinafter referred to as the Employee), on the other hand (hereinafter referred to as the Parties), have entered into this employment agreement as follows. 2. The employer hires Andrey Sergeevich Kopeiko to the position of legal consultant of category II in the legal department of Klyuch LLC. 3. This employment contract is an employment contract for the main job. 4. An employment contract is concluded for the period of absence of the main employee (parental leave until the child reaches 3 years of age), who, in accordance with the law, is retained workplace. 5. The employment contract begins on 08/01/2011 and ends on the day preceding the day the main employee goes to work. 6. The employee undertakes: 6.1. perform work conscientiously in accordance with job description; 6.2. comply with internal rules labor regulations, other documents regulating labor discipline issues; 6.3. carry out written and oral orders (instructions) of the Employer that do not contradict the laws and local regulations; 6.4. not allow actions that prevent other employees from performing their job duties; 6.5. comply with labor protection requirements established by regulatory legal acts (documents); 6.6. treat the Tenant's property with care, use this property to perform the work provided for in this employment contract, and (or) in accordance with written or oral orders (instructions) of the Tenant that do not contradict the law. Take measures to prevent damage; 6.7. take measures to immediately eliminate the causes and conditions that impede the normal performance of work (accident, downtime, etc.), and immediately report the incident to the Employer; 6.8. maintain your workplace, equipment and fixtures in good condition, order and cleanliness; 6.9. observe established order storage of documents, material and monetary assets; 6.10. keep official secrets, do not disclose the Employer’s trade secrets without appropriate permission; 6.11. perform other duties arising from legislation and local regulations. 7. The employee has the right to: 7.1. work as the most worthy way of human self-affirmation, as well as for healthy and safe conditions labor; 7.2. protection of economic and social rights and interests, including the right to form trade unions, conclude collective bargaining agreements, and the right to strike; 7.3. participation in meetings; 7.4. a guaranteed fair share of remuneration for work in accordance with its quantity, quality and social significance, but not lower than the level that ensures a free and decent existence for workers and their families; 7.5. daily and weekly rest, including days off during public holidays and holidays, and vacation duration not less than established by the Labor Code of the Republic of Belarus; 7.6. social insurance, pensions and guarantees in case of occupational disease, work injury, disability and loss of work; 7.7. non-interference in privacy and respect for personal dignity; 7.8. judicial and other protection of labor rights. 8. The employer has the right: 8.1. terminate this employment contract in the manner and on the grounds established by the Labor Code of the Republic of Belarus and other legislative acts; 8.2. encourage the Employee; 8.3. require the Employee to comply with the terms of the employment contract and internal labor regulations; 8.4. bring the Employee to disciplinary and financial liability in accordance with the law; 8.5. go to court to protect your rights. 9. The employer is obliged: 9.1. organize the Employee’s work; 9.2. rational use of the Employee’s labor; 9.3. ensure labor and production discipline; 9.4. keep records of the time actually worked by the Employee; 9.5. issue wages to the Employee within the terms and amounts established by law, collective agreement, agreement or this employment contract; 9.6. ensure labor protection of the Employee; 9.7. in cases provided for by law and local regulations, promptly provide the Employee with guarantees and compensation in connection with harmful and (or) dangerous working conditions (shortened working hours, additional leaves, therapeutic and preventive nutrition, etc.), comply with labor protection standards for women , youth and disabled people; 9.8. ensure compliance with labor legislation, conditions established by the collective agreement, agreement, other local regulatory legal acts and this employment contract; 9.9. timely formalize changes in the Employee’s job responsibilities and familiarize him with them; 9.10. create the necessary conditions to combine work with training in accordance with the Labor Code of the Republic of Belarus; 9.11. formalize changes in conditions and termination of the employment contract with the Employee by order (instruction); 9.12. suspend the Employee from work in cases provided for by the Labor Code of the Republic of Belarus and other acts of legislation. 10. The following conditions of remuneration are established for the employee: 10.1. the Employee’s salary on the day of signing the employment contract is 500,000 (five hundred thousand) Belarusian rubles, which is formed on the basis of the tariff coefficient of 2.65, corresponding to the 11th category of the Unified tariff schedule for employees of the Republic of Belarus, and the first category tariff rate in force for the Employer. 10.2. salary increase: - by 50% for the complexity and responsibility of the work performed; - by 20% for qualification category II. 10.3. the salary provided for in subclause 10.1 of this clause is summed up with the increases established in subclause 10.2 of this clause and forms a final salary in the amount of 850,000 (eight hundred fifty thousand) Belarusian rubles. on the day of signing the contract. Subsequently, the final salary changes in accordance with labor legislation, collective agreement, agreement or by agreement of the parties; 10.4. the bonus is paid in accordance with the Regulations on bonuses in force for the Employer. 11. The wages provided for in this employment contract are paid by the Employer to the Employee regularly on the 15th and 25th of each month by transfer Money to the Employee's card account. 12. Salaries are paid in monetary units The Republic of Belarus. 13. The Employer establishes for the Employee a schedule of working hours and rest time in accordance with the Internal Labor Regulations in force for the Employer. 14. The employee is entitled to a labor leave of 26 calendar days in accordance with the law. Including: basic leave lasting 24 calendar days; additional leave for an irregular working day lasting 2 calendar days. 15. Average earnings during labor leave is paid by the Employer no later than two days before the start of the leave. 16. This employment contract is terminated on the grounds provided for by the Labor Code. 17. Upon termination of the employment contract, the Employer pays the Employee severance pay in cases and in the amount determined by the Labor Code and other acts of legislation, collective agreement, agreement. 18. This employment contract may be changed by agreement of the Parties. 19. Issues not covered by this employment contract are regulated labor legislation The Republic of Belarus. 20. This employment contract is drawn up in two copies, one is kept by the Employee, the other by the Employer. Employer Employee Signature A.I. Shumelkin Signature A.S. Kopeiko M.P.

In any organization, a situation may arise when an employee long time absent - sick, on vacation or a long business trip, studying outside of work, etc. However, the work must be done. Today we’ll talk about options for assigning the duties of a temporarily absent employee to another employee: we’ll tell you how to formalize such performance of duties, whether it is necessary to make an entry in the work book, and answer questions that arise along the way.

The Labor Code offers more than one option for fulfilling the duties of a temporarily absent employee:
- without release from work specified in the employment contract;
— temporary transfer;
— movement;
- part-time job;
- fixed-term employment contract.
Let's take a closer look at each of these options.

We use the internal resources of the organization

Combination or expansion of service areas. Based on Art. 60.2 of the Labor Code of the Russian Federation, an employee may be assigned to perform, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay. If additional work is carried out in another profession (position), this will be a combination, and if in the same profession (position) - an expansion of service areas, an increase in the volume of work.

At the same time, Art. 60.2 of the Labor Code of the Russian Federation makes a reservation that in order to fulfill the duties of a temporarily absent employee without release from the work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).

The period during which the employee will perform additional work, its content and volume are determined by the employer with the written consent of the employee and formalized in an agreement. The same agreement also approves the amount of additional payment for additional work (Article 151 of the Labor Code of the Russian Federation) - either in a fixed amount or as a percentage of the salary (both for the main position and for the position being replaced).

I would like to focus your attention on paying for additional work. The Ministry of Health and Social Development in Letter dated March 12, 2012 N 22-2-897 explained that sometimes the performance of duties of an absent specialist may not be paid. This is possible when the job descriptions of certain categories of employees provide for cases of performing the duties of an absent specialist with a similar job function. In this case, the combination is part of the labor function and is not subject to payment.

Note. If the assigned work in another profession requires additional skills or education, assess whether the employee can perform it without compromising his work, otherwise it is better to use another replacement option.

However, the author does not agree with this position, and here's why. Involvement of an absent employee in the temporary performance of duties at a position must in any case be carried out by the employer issuing an appropriate order (instruction), as required by Explanation of the State Committee for Labor of the USSR No. 30, All-Russian Central Council of Trade Unions No. 39 of December 29, 1965 “On the procedure for paying temporary substitution,” regardless of whether whether the possibility of such involvement is indicated in the employment contract or job description of the employee. In addition, Art. 151 of the Labor Code of the Russian Federation, the establishment of additional payment for performing additional work is also not made dependent on the presence or absence in the employment contract (job description) of an indication of the performance of the duties of the absent employee. Therefore, we believe that the employee for performing additional work is in any case entitled to an additional payment in the amount determined by the parties to the labor relationship.

Based on the agreement, an order is issued. It might look like this, for example:

Limited Liability Company "Vesna"

Order No. 41
On the assignment of additional work in order to combine positions

Due to the absence of a payroll accountant, Anokhina V.L. due to advanced training with separation from production on the basis of Art. 60.2 and 151 Labor Code RF

I order:
1. Instruct the senior accountant Volkova A.S. performing, during the established working hours, along with the work specified in the employment contract, additional work as a payroll accountant for additional payment.
2. Install Volkova A.S. monthly additional payment for performing additional work in order to combine positions in the amount of 12,000 rubles.
3. Determine the period of combination of Volkova A.S. as a payroll accountant from 05/15/2013 to 07/19/2013.

Reason: additional agreement dated May 14, 2013 to the employment contract dated August 5, 2009 N 9-08.

Director Medvedev /Medvedev A.D./

The following have been familiarized with the order:
accrual accountant
wages Anokhin, 05/14/2013 /Anokhina V.L./
senior accountant Volkova, 05.14.2013 /Volkova A.S./

Remember that the employee has the right to refuse to perform additional work ahead of schedule by notifying the employer about this writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). The employer can also cancel the order to complete it ahead of schedule by notifying the employee of this within the same time frame.

Temporary transfer. A transfer is considered a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer (Article 72.1 of the Labor Code of the Russian Federation).

More specifically, the procedure for temporary transfers is defined in Art. 72.2 Labor Code of the Russian Federation. In particular, according to this rule, an employee can be temporarily transferred to another job with the same employer for a period of up to one year. If a temporary transfer is carried out to replace a temporarily absent employee, whose job remains in accordance with the law, the period of such transfer may be more than a year (for example, for the period of parental leave for a child under 1.5 years of age).

In any case, a temporary transfer for the period of replacement of an absent employee is permitted only by agreement of the parties, concluded in writing.

Conditions temporary transfer and its duration are stipulated by the parties in an additional agreement to the employment contract. Based on such an agreement, a transfer order is issued. Let us remind you that unified forms orders established by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1, are not mandatory for use since 2013, therefore a transfer order can be issued in a form approved by the organization. In this case, it is important to indicate in the order the nature of the transfer - temporary and, as a basis, provide the details of the transfer agreement - its date and number. The employee must be familiarized with such an order against signature.

Note. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

Question: Is the employee’s signature on the temporary transfer order sufficient for the transfer agreement to be considered reached?

No, not enough. A separate document is required - an agreement, in which the parties on an equal basis will determine the conditions of the temporary transfer. It is this agreement, signed by both parties to the labor relationship, that is the basis for issuing a transfer order.

Remember that if an employee’s responsibilities change during a transfer, he must be familiarized with the new job description. The same applies to safety regulations (Part 2 of Article 225 of the Labor Code of the Russian Federation).
Regarding making an entry in the work book, we will say the following. Neither the Rules for maintaining and storing work books*(1) nor the Instructions for filling out work books*(2) provide for making entries in the work book about temporary transfers. In addition, Art. 66 of the Labor Code of the Russian Federation establishes that information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee are entered into the work book. Accordingly, there is no need to record a temporary transfer.

The question often arises whether it is necessary to formalize the return of an employee to a permanent place. The Labor Code does not answer this question. However, in order to avoid controversial situations, we recommend sending the employee a notification about the return to work of the main employee, which is drawn up in any form. You can also issue an order to terminate temporary duties and return to your old position. It is compiled in any form.

Moving. To replace a temporarily absent employee, you can use relocation. It, unlike a transfer, does not require the consent of the employee, provided that it is carried out to another workplace, to another structural unit located in the same area, and this does not entail a change determined by the parties terms of the employment contract (Part 3 of Article 72.1 of the Labor Code of the Russian Federation). Without consent, an employee can be moved to work on another mechanism or unit, but subject to the above conditions.

In order to find out whether an employee can be moved, you need to check the employment contract with him. Quite often, employers indicate as the place of work the name of the structural unit in which the employee will work, but meanwhile, in accordance with Art. 57 of the Labor Code of the Russian Federation, it is necessary to name a structural unit only if the employee is accepted into a branch, representative office or other separate division located in another area.

For your information. Under another locality, by virtue of clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code of the Russian Federation" refers to an area outside the administrative-territorial boundaries of the corresponding locality.

Thus, if a structural unit is specified in an employee’s employment contract, then it will not be possible to move him to another structural unit to replace a temporarily absent employee even without changing the position or job function - this will be a change in the terms of the employment contract determined by the parties and will require the consent of the employee.

We attract labor from the outside

If the responsibilities of the absent employee are extensive, and other company employees are heavily loaded with work, so as not to disrupt production process, the employer may decide to hire outside workers to replace a temporarily absent employee.

Part-time job. This option for fulfilling the duties of an absent employee is suitable not only for an external employee, but also for employees already working in the company.

So, Art. 60.1 of the Labor Code of the Russian Federation allows you to replace an absent employee for a certain time by registering a part-time job. Article 282 of the Labor Code of the Russian Federation defines part-time work as the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. Moreover, such an employment contract can be concluded both with the same employer (internal part-time job) and with another employer (external part-time job).

An important nuance of part-time work is not only the presence of a separate employment contract, but also the length of working hours. So, by virtue of Art. 284 of the Labor Code of the Russian Federation, the duration of working time for such work should not exceed four hours a day. On days when the employee is free from work at his main place of work labor responsibilities, he can work part-time full time (shift).

Based on Art. 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract. When establishing that persons working part-time with time-based payment labor, standardized tasks, remuneration is made based on the final results for the amount of work actually completed.

To register a part-time job, the employee submits the documents specified in Art. 65 of the Labor Code of the Russian Federation, and a certificate about the nature and working conditions at the main place of work (Article 283 of the Labor Code of the Russian Federation) - upon admission to hard work, work with harmful and (or) dangerous working conditions. One caveat: the part-time worker does not present a work book, since all entries in it are made by the employer at the main place of work. Therefore, if an employee wants to see an entry in the work book about part-time work, then he needs to submit a document confirming part-time work at the main place of work (Article 66 of the Labor Code of the Russian Federation).

Then an employment contract is concluded, which must indicate that the job is a part-time job. And, of course, other actions are taken to formalize the hiring process: an employment order is issued, a personal card is created (even for an internal part-time worker).

Fixed-term employment contract. If other options for replacing an absent employee are not suitable, you can use another one - concluding a fixed-term employment contract with a new employee. However, in in this case it is necessary to take into account the requirements of Art. 58 of the Labor Code of the Russian Federation, on the basis of which a fixed-term employment contract is concluded when labor Relations cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its implementation, namely in the cases provided for in Part 1 of Art. 59 Labor Code of the Russian Federation. For our situation, the basis specified in paragraph. 2 part 1 of this article: for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations, the employment contract preserves the place of work.

Note! Based on Art. 57 of the Labor Code of the Russian Federation, when concluding a fixed-term employment contract, it is necessary to indicate the start date of work, as well as the period of its validity and the circumstances (reasons) that served as the basis for its conclusion. If this is not done, the contract will be considered concluded for an indefinite period.

When formulating a condition on the duration of an employment contract, it is advisable to indicate not only the duration of the contract, but also its expiration date, since in the future this will help to avoid disputes when terminating the contract due to the end of its term. For example, the wording may be as follows: “This agreement was concluded for the period of training of accountant R.Z. Sorokina. from 03/04/2013 to 06/04/2013.”

But what to do when the end date of work, and even the duration of the contract term itself, is problematic to determine, for example, when replacing an employee during the period of parental leave? In this case, the wording may be as follows: “This agreement was concluded for the duration of Kalmykova I.D.’s vacation. for the care of a child under three years of age.”

When replacing an absentee in this way, the same documents are drawn up as when hiring a regular employee: an employment contract, a hiring order, a personal card. In addition, you need to make an entry about the hiring in the work book, without indicating that the employee was hired for a certain period. This is confirmed by the explanations of Rostrud in Letter dated 04/06/2010 N 937-6-1.

Let us note that an employment contract concluded for the duration of the duties of an absent employee is terminated when he returns to work (Article 79 of the Labor Code of the Russian Federation).

Finally

When the head of an organization is temporarily absent, quite often a person is appointed to perform his duties. And in documents you can often see a signature marked “acting.” Let’s say right away that the position of “acting” does not exist. However, for some time, appoint an “acting” It's still possible.

If the duties will be performed by a person whose job description or employment contract contains a clause on the performance of the duties of a manager or another employee, an appropriate order must be issued for this clause to take effect (the replacement clause in the employment contract means that the employee is obliged to fulfill it only if when another employee will be absent).

If there is no obligation to replace, it turns out that the employee agreed, along with his job responsibilities perform additional work in the position of the absent employee, that is, Art. 60.2 of the Labor Code of the Russian Federation and arrange the combination.

In any of these cases, the employee replacing the absent employee must be paid additionally.

A fixed-term employment contract provides for a certain period of validity. It can only be concluded in certain cases.

Temporary worker

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When an employee leaves, the employer needs to find a replacement.

The following options are possible here:

• hire a temporary employee with whom a fixed-term employment contract is drawn up for the duration of maternity leave and pregnancy of the main employee;
• transfer an existing employee to her position, while he will not perform the functions of his position;
• internal part-time work, when an employee is not relieved of the functions of his position.

All these methods are enshrined in the current Labor Code of the Russian Federation. They are recognized as legal and can be used by the employer at his own discretion.

In practice, most convenient option is the acceptance of a new employee under a fixed-term employment contract.

This type of agreement is concluded only when it is permissible by law.

Normative base

Issues of registration and validity of fixed-term contracts are defined in the Labor Code of the Russian Federation. These provisions are enshrined in. A fixed-term agreement is concluded for a period of up to 5 years.

In Part 1 of Art. 59 of the Labor Code of the Russian Federation defines a complete list of reasons for drawing up this type of agreement.

The same codified act establishes the procedure for formalizing such relations and the process for their termination.

Fixed-term employment contract during maternity leave

To avoid problems with new and previous employees, it is necessary to draw up a contract. Otherwise, the employer will have both employees working at the same workplace for some time.

It is very difficult to predict in advance when a previous employee will return from maternity leave. His leave may be extended.

Also, the law does not prohibit such an employee from leaving maternity leave early, interrupting it at any time.

That is why in a fixed-term agreement it is necessary to indicate not a specific date, but the wording that the duration of the contract will be equal to the period of absence of the main employee from the workplace.

What it is?

A fixed-term employment contract for the duration of maternity leave generally does not differ from a regular agreement concluded between an employee and an employer.

The rights and obligations of the employee are identical to those that arise under normal circumstances.

The only exception is the duration of such a relationship. Under standard conditions, it is indefinite. The process of terminating an employment relationship is also different.

The urgent agreement must indicate the reason for its conclusion.

Conditions

Conditions for urgent labor agreement can be classified into 2 groups:

• circumstances that are explained by the temporary nature of future activities;
• circumstances that are not related to the temporary nature of future activities.

The Supreme Court of the Russian Federation explained that Article 59 of the Labor Code of the Russian Federation defines a list of grounds for registration urgent agreement. Almost all of them are related to the temporary nature of the work, as in the case of replacing a temporarily absent employee who cannot be fired during the day.

When setting the validity period of an employment agreement, an employer can do this in several ways:

• for a certain period (month, year, 5 years, etc.);
• for a certain season;
• for a time interval, which is calculated based on any circumstances, for example, the period of absence of the main employee.

Sample

In the sample fixed-term employment agreement, you should highlight the provisions that relate to the duration of its validity. We have already mentioned earlier that the most optimal way is to indicate the duration of its validity not as an end date, but as the period of absence of the main employee.

Also, the contract must indicate the reasons for its execution for a limited period. This rule is enshrined in Article 57 of the Labor Code of the Russian Federation. If this is not done, the contract may be reclassified as unlimited.

When drawing up such an agreement, keep in mind that the probationary period is approved for the employee for a shorter period. Thus, it cannot exceed 2 weeks if the duration of the contract is no more than 6 months.

Remember that the employment agreement is not concluded a certain form. However, it must contain mandatory information approved by labor legislation.

Dismissal

Dismissal occurs at any time during the functioning of the employment agreement if a permanent employee returns to work.

In this case, the temporary employee is notified of this circumstance 3 calendar days in advance.

The reason for termination of the employment agreement is indicated in his work book as dismissal due to the expiration of the contract.

Termination

Termination of the contract at the initiative of the employee is carried out in general procedure. The employee submits the application two weeks before the expected date of dismissal. On the last working day, he receives his work book and payment.

Also, the relationship between an employee and an employer can be terminated by agreement of the parties. In such a situation, there is no need to wait for the 2-week period to expire.

The relationship ends at the moment when it is determined by the parties themselves.

Translation processing

It is not necessary to hire a new employee; you can transfer an existing employee to new position. Temporary change of activity is allowed for a period of up to 12 months. The employee does not perform his functions during this period.

If an employee goes on maternity leave, she may be absent from work for more than 1 year.

The period of temporary transfer is fixed in an additional agreement according to the same principles as the period of validity of the employment agreement with a temporary employee. The transferred employee does not need to make any entries in the work book.

If a situation arises when an employee who is on maternity leave is dismissed and her place is permanently appointed this employee, then a mark is made in this document.

However, this is done only at the request of the employer. A temporarily transferred employee does not have a preferential right to occupy this position.

Pregnancy of an employee who was taken on maternity leave

If a temporary worker is also preparing for the birth of a child, then her dismissal is permitted if two conditions are met:

• an employment contract has been drawn up with her for the period of absence of the employee on maternity leave;
• not in your company suitable vacancy, which could have been offered to this employee or she refused it.

If a suitable job is found and the pregnant woman gives her written consent to the transfer, then the agreement is extended until the end of the pregnancy, that is, the dismissal is formalized on the date of the birth of the child.

If, on the date of departure of the main employee, the temporary employee is already on maternity leave, then the employment relationship with her is terminated at the moment when the first one begins her work duties.

Benefit payment

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