In the labor process, it is not uncommon for one employee to leave and the need for another employee to perform his job function. A typical case is the temporary retirement of an employee while retaining his place of work. For example, when a woman is granted maternity leave, and then leave to care for a child up to 3 years old; involvement of an employee in the performance of state or public duties; advanced training by the employee and other cases provided for by law and the collective agreement). There is a need to replace a retired employee in order to continuously perform his job function.
Instructions
Step 1
If we are talking about the absence of an employee for a long time, it is widely used to attract a new employee on the basis of a fixed-term employment contract. The documents are drawn up the same as for the usual hiring, however, the labor contract specifically stipulates the condition that the employee is hired before the temporarily retired employee leaves for work (Article 59 of the Labor Code of the Russian Federation).
Step 2
When a full-time employee is involved in the place of a temporarily retired employee, then an agreement between the employer and the employee on the temporary transfer must be attached to the order. The employee's consent to a temporary transfer is not required only if the transfer is made for a period of less than 1 month (Article 72.2 of the Labor Code of the Russian Federation).
Step 3
If a full-time employee who continues to perform his labor function is additionally assigned responsibilities for performing the labor function of a temporarily absent employee, then an order is drawn up about this, the form of which is not regulated by law. However, such an order must reflect the surname, name, patronymic of the absent employee, his position, as well as the amount of additional payment for performing additional work duties. The amount of the additional payment is established by agreement between the employer and the employee. In relation to employees holding rank-and-file positions, the following wording is used: "To impose on (position name, surname, patronymic name) the performance of duties (position name) during absence (vacation, business trip, etc.) (surname, name, patronymic of the absent employee) ". This order may also be contained directly in the order for vacation or business trip; in this case, both employees must be familiar with such an order, a copy of the order is placed in the personal file of the retiring employee, and an extract from the order is placed in the personal file of the employee who will perform his function for the duration of his absence. (name, position, surname, name, patronymic) temporarily acting (name of the position) ". The order indicates the reason for the temporary retirement of the employee and stipulates the amount of the additional payment, regardless of whether the employee is the deputy head of the state.
Step 4
Appointment of an acting employee to a vacant position is not allowed; in this case, either a temporary transfer must be made - for the period of searching for a suitable employee to work on a permanent basis, or a permanent transfer with the appropriate amendments to the employment contract. It should be borne in mind that in the event of a temporary transfer, the employee may qualify for the position on a permanent basis.
