In accordance with Article 72.2 part 1 of the Labor Code of the Russian Federation, a temporarily absent employee retains a workplace and an acting person can be appointed or accepted for his position. The performance of duties is formalized in the regulations of Article 59 of the Labor Code of the Russian Federation in the form of urgent labor relations or in accordance with Article 60 of the Labor Code of the Russian Federation in the form of temporary assignment of additional duties to another employee. These articles do not apply to filling a vacant position that is held in an elective manner, for example, to the general director of an enterprise and other equally responsible persons. This is regulated by changes in the clarifications of the Letter of the State Committee for Labor dated March 11, 2003.
Necessary
- -statement
- -fixed-term employment contract
- -order
- -written agreement
- -order
- - an employment contract with an indication of the procedure for fulfilling obligations during absence
- -order
- -power of attorney
Instructions
Step 1
To formalize the performance of duties in the form of urgent labor relations, employment takes place in the usual way under a fixed-term contract. An application for temporary employment, a work record book, educational documents and others that are required taking into account the specifics of the job must be received from the applicant.
Step 2
A fixed-term employment contract is drawn up indicating all working conditions, pay and the period of employment. The contract is signed by the employee and the employer, an order is issued on the registration of temporary labor relations, an entry is made in the work book and personal card. The hired employee is introduced to the job description, and he begins to temporarily replace the employee who is absent for a good reason.
Step 3
If the performance of duties is formalized in accordance with Article 60 of the Labor Code of the Russian Federation and an employee working under an employment contract in another position is assigned the duties of a temporarily absent employee, this is performed as additional functions.
Step 4
This registration can be carried out only with the written consent of the employee himself, issuing an order indicating additional duties, the period of their execution and the form of payment for additional work.
Step 5
All of these rules do not apply to vacant positions and senior management, whose positions are elective or competitive.
Step 6
All senior managers in the employment contract must have a clause on their replacement during the period of absence and a deputy must be indicated. At some enterprises, the contract indicates two or three deputies for the period of absence of responsible managers.
Step 7
All deputies in the employment contract must have a clause on the performance of duties during the absence of the manager and the terms of remuneration for the period of replacement.
Step 8
Additionally, this is indicated in the internal regulations of the enterprise. If everything is formalized properly, then neither an order nor a general power of attorney will be required during the absence of leadership.
Step 9
If in the employment contract and in internal legal acts the procedure for replacing the top management is not formalized, then an acting person is appointed for the period of absence. A replacement order is issued, it indicates the period of performance of duties, the procedure for payment.
Step 10
Additionally, you will need to issue a power of attorney in the regulations of Article 185 of the Civil Code of the Russian Federation. It will be required to sign important papers and possible legal relationships with third parties, for example, during important negotiations when concluding a contract.
