How to register a combination of jobs for a temporarily absent employee. How to register: an employee has been hired for the duration of the duties of an absentee? Procedure for terminating a fixed-term employment contract

Life circumstances and the Labor Code often provide for the possibility of an employee being legally absent from work for a long time. For example, an employee is on vacation, undergoing scheduled training, is ill for a long time, or goes on a long business trip - all this time he cannot perform his main duties. However, it is not always possible to simply leave work for a designated period of time; more often than not, stopping it is unprofitable, and then the employee needs a temporary replacement.

  • How to register temporary performance of duties of a legally absent employee?
  • How are such activities paid for?
  • What points should not be overlooked?

Let us consider all these issues below and also help in drawing up the appropriate order.

Acting Acting Person according to the Labor Code of the Russian Federation

Labor Code Russian Federation in Art. 60.2 talks about combining professions, increasing the number of assigned labor functions, expanding the zone of influence, and also separately notes issues related to the performance of the duties of an employee who is temporarily absent, but not released from work under an employment contract. This article was introduced into the Labor Code on the basis Federal Law dated June 30, 2006 No. 90-FZ.

Art. 151 of the Labor Code of the Russian Federation allows employees to agree to additional work offered to them in addition to their main responsibilities for an increase in pay.

Personnel officers usually mean Acting performance of additional labor functions along with the main responsibilities in accordance with the signed employment contract both for the same and for another position, providing additional remuneration.

Reasons for introducing an employee as an interim employee

An employee's absence from work when a temporary replacement is required can be caused by various reasons:

  • any leave (annual, maternity, at your own expense, for training, etc.);
  • business trip;
  • sick leave;
  • assignment of public or government duties (election commission, employment as a jury, etc.);
  • any other circumstances of absence from work, including those that have not been clarified.

Three things without which VRIO is impossible

In order for the replacement of an employee to be legal, three conditions must be met simultaneously.

  1. Written agreement of the parties. Without the written consent of the employee (additional agreement), the employer cannot involve him in replacing another employee.
  2. Organizational order. Any replacement option must be formalized by order of the head of the institution, carried out in the usual manner.
  3. Assignment of additional payment for additional work. The temporary replacement must be paid in addition to the regular remuneration of the employed employee. The amount is not specified by law; it can be calculated in any way convenient for the employer and to which the employee agrees.

NOTE! The employee’s signature confirming familiarization with the order does not constitute a legal basis for issuing a replacement. An additional document is also required that specifically formalizes the consent of both parties, that is, both clauses 1 and 2 must be available, without excluding or replacing each other.

Temporary replacement options

The Labor Code of the Russian Federation provides the employer with a choice of several possible ways to attract an employee to temporarily perform additional duties.

  1. On your own. Using the company's own resources, it is possible to assign additional labor functions to a willing and suitable permanent employee. An important nuance should be taken into account:
    • If an employee has been assigned to perform exactly the same but additional duties in addition to his position, such replacement will be carried out within the framework of expanding the service area or increasing the volume of work;
    • if an employee takes on responsibilities associated with another position, we will talk about internal alignment.
  2. IMPORTANT! The employer should soberly assess the employee’s ability to perform additional work outside of his main position.

  3. Translation on time. An employer can temporarily or even permanently change the job function of an employee called to replace an absent one (Article 72 of the Labor Code of the Russian Federation). You can change your position and/or structural unit to the one in which the employee in need of replacement worked.
  4. PLEASE NOTE! In normal situations, the period for such a transfer within one organization usually does not exceed a year. But in cases specified by law, for example, when transferring to maternity leave, this period may be extended.

  5. Moving. It can be applied if, as a result, the terms of the employment contract previously signed by the employee do not change (in this case, even his consent is not required). Thus, you cannot transfer to another location, to a different salary, etc., but you can, for example, transfer an employee to another machine, to another workshop, etc.
  6. CHECK! If the employment contract clearly states the structural unit where the employee must work, then it is no longer possible to transfer him to another, even to an identical position, without his consent, since the terms of the contract change.

  7. Help from outside. If you cannot additionally load “your” employee, you can invite new personnel to temporarily replace them. Part-time job(internal or external) can be applied if a new employment contract is concluded, but in this case we are not really talking about temporary employment contract. A more universal way would be to conclude fixed-term employment contract(Article 58 of the Labor Code of the Russian Federation).

IMPORTANT TO REMEMBER! The validity period of such a clause cannot be indefinite; it will have to indicate either a specific date or the circumstances of its termination (usually indicate “until the departure of the main employee”).

Acting is not a part-time job!

Confusion may arise, since temporary replacement of an employee and part-time work have a common feature - both of these types of additional workload are performed by the employee, who at the same time must provide mandatory implementation and his main job.

Differences are as follows:

  • The Labor Code regulates these types of additional employment in different articles: part-time work is considered in Art. 44 of the Labor Code of the Russian Federation, and VRIO - Art. 60;
  • with part-time work, additional duties must be performed during times not occupied by the main work, and with temporary work, this occurs in parallel within the same working day or shift;
  • for part-time work, a new employment contract is required; for temporary employment, written consent is sufficient;
  • termination of a part-time job occurs only with the termination of the corresponding contract or the expiration of its term, and for temporary employment, cancellation is possible at any time (with a 3-day warning), both from the employer and the employed employee.

How to draw up an order for an interim

The specifics of the wording in the order depend on the chosen method of substitution. In general, an order for an enterprise must contain the following data:

  • the names of the main position and the one accepted as part of the replacement;
  • deadlines extra work;
  • the reason for the absence of the replaced employee, if established;
  • basis for registration of replacement (number of the concluded additional agreement);
  • the amount of the assigned additional payment;
  • signatures of the parties on familiarization and agreement with the order.

An example of an order for the temporary replacement of an absent employee

Society with limited liability"Crossroads"

ORDER No. 14-7

On the assignment of additional responsibilities in order to combine positions

Due to the absence of senior economist Zarubina E.L. due to undergoing additional training outside of work on the basis of Art. 60.2 and 151 Labor Code of the Russian Federation

I ORDER:

  1. Instruct economist O.D. Rubinshtein to performing, during the established working day, along with his main duties determined by the pood contract, additional labor functions at the site of Zarubina E.L. as part of expanding the service area.
  2. Set for Rubinshtein O.D. additional monthly remuneration for performing duties beyond the basic ones in the order of combination in the amount of 75% of the salary of E.L. Zarubina.
  3. Determine the period for increasing the volume of work by Rubinshtein O.D. from 02/13/2017 to 03/25/2017

A person spends most of his time at work. And often the fulfillment of assigned duties is directly related to the interaction between the entire team. Of course, being part of it, everyone is engaged in their own specific affairs prescribed by the employment contract. However, it may happen that one of the employees is unable to work for some reason.

Of course, this may be due to going on vacation. But this does not negate the fact that the employee will not be there, but his duties must be performed. But what to do if the manager wants you to take the place in his absence? In our article we will tell you not only how the duties of a temporarily absent employee are legally formalized, but also what the payment for replacement may be.

Usually, when one of the employees goes on vacation and there is no substitute for him, one of his colleagues of a similar profile is assigned to his duties. However, such an appointment must be made in accordance with the law. Otherwise, there is a risk that the employee will not perform the relevant duties. On the other hand, the manager is also in favor of replacing the absent employee.

According to the Labor Code of the Russian Federation, there are two options for registering such a process:

Combination (Article 60.1 of the Labor Code of the Russian Federation);

The duties performed may be similar to the current position or may differ. However, in most cases, part-time work is assigned when the employee has appropriate education and experience in this field. Or if during work this employee had the opportunity to familiarize himself with the affairs of his colleague.

It is also worth mentioning that Art. 60.1 implies the written consent of the employee. Under no circumstances should you allow your manager to assign you additional responsibilities that are not included in your assigned responsibilities. This would be a violation of the law.

Temporary transfer (Article 72.2 of the Labor Code of the Russian Federation).

During a temporary transfer, you will be completely transferred to the position of an employee who is temporarily absent. In this case, your previous vacancy is preserved, that is, after the expiration of the term and as soon as the absentee returns, you will be transferred back. The term of appointment itself can reach up to a year. If something happens that your previous position is not retained, then the contract changes from temporary to permanent. That is, you will remain in the position of the employee you replaced.

It is also worth considering that such a temporary transfer can be carried out without the employee’s consent. This is possible in exceptional cases, but for a period of no more than a month. Exceptional cases include various disasters, accidents, fires, epidemics, as well as events that put life at risk. If we talk about less terrible events, then a transfer to replace an absent employee can be carried out in the event of downtime, when the performance of this work will mean preventing damage or destruction of property.

In all other cases, the employee’s written consent is also required. In addition, when transferring, whether it is an exceptional case without consent, or a transfer under a written agreement, the salary should not be lower than the average paid in the previous job.

Additional payment and registration when replacing an employee

The payment that is provided when combining, by law, can be completely different. The subtlety is that when receiving additional responsibilities, the employer and employee must determine its size themselves. This is done by agreement of the parties in writing. Under no circumstances should such a question be left to an oral decision. after all, everything must be clearly stated in the relevant document.

An additional agreement may be drawn up regarding the registration of the combination. It is attached to the employment contract and is drawn up in writing. Like other agreements, it has its own rules for filling out. According to them, the additional agreement for part-time work must contain:

  • Full name of the organization, indicating the responsible manager who draws up the agreement and has the authority to secure the document with his signature;
  • Full name of the employee, his position, department, in which he works, etc.;
  • The agreement itself regarding the combination, purchasing new job responsibilities, and the cost of additional payment for this.

After an agreement to perform the duties of a temporarily absent employee has been drawn up, the appropriate agreement is issued. As a standard, it indicates the replacement period, what position and responsibilities are additionally assigned to the employee, as well as the amount of additional payment.

Registration and payment for temporary transfer

For a temporary transfer to another position, an agreement must be drawn up in the same way. Its specifics are practically no different from a combination agreement. The difference is that the employee specified in the agreement is exempt from all duties that are not provided for specific position, to which he is transferred. The transition to another position is carried out completely, regardless of the fact that this is a temporary measure.

Since the transfer will be made, it will no longer be a question of additional payment, but of a new position. Please note that according to Art. 72.2 of the Labor Code of the Russian Federation, it should not be lower than what you received in your previous position. However, even with such an article of the Labor Code of the Russian Federation, payment can be assigned by agreement. You should also not forget that personal income tax will be deducted from the amount that you indicate when talking with your manager.

Let's move on to arranging a temporary transfer. After you and your employer have drawn up an agreement attached to the employment contract, an order will be issued. It must indicate:

  • Company or firm name, indication of the responsible manager;
  • Employee information, which includes not only the full name, but also the previous position, department or other internal designations of the company;
  • What position is the appointment to?
  • Temporary transfer period;
  • The size established by the company or agreement wages in this position for the appointed employee.

When drawing up an agreement, you should definitely pay attention to its details. The new position may also require you to sign appropriate liability agreements. Whether this is a document on non-disclosure of company secrets, if they are provided for by a temporary position, they will need to be signed.

A.A. Susarova, lawyer, E.A. Darenina, leading lawyer, S.S. Ermolenko, senior lawyer, A.S. Ermolenko, partner, head of corporate practice at FBK Legal
Article from the magazine "Financial and Accounting Consultations", No. 4, 2014

In addition, indicating a specific date for termination of the contract may negatively affect the interests of a temporary employee if the period of absence of the replaced employee changes due to circumstances beyond his control (for example, temporary disability during vacation) or if this employee decides to return to work early. In such cases, the contract may be terminated earlier (or later) than the period specified in the fixed-term contract and order.

Thus, due to the inability to accurately determine the term of the contract at the time of its conclusion, a fixed-term employment contract for employment for the duration of the duties of an absent employee, as well as in the corresponding order, should not indicate a specific date for termination of the employment contract.

On the possibility of extending a fixed-term employment contract for a period exceeding five years

If neither party requires termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, there is a risk that the condition on the fixed-term nature of the employment contract will be declared invalid (Part 4 of Article 58 of the Labor Code of the Russian Federation) . As a consequence, in this case the employment contract can be considered as concluded for an indefinite period.

From the cumulative interpretation of these rules, it follows that if a fixed-term contract is concluded to perform the duties of an absent employee for a period exceeding five years (for example, as a result of an extension of the contract), the temporary employee may demand that such a contract be recognized as indefinite.

Thus, the five-year period indicated in Art. 58 of the Labor Code of the Russian Federation, can be considered as preemptive. In this case, after five years from the moment of concluding a fixed-term employment contract (for example, as a result of successive changes in the terms of the term of the employment contract, the total term of which ultimately exceeded five years), such an employment contract may be recognized as unlimited.

At the same time, it is necessary to note that Part 1 of Art. 58 of the Labor Code of the Russian Federation directly provides for exceptions to the rule of a five-year preventive period. Such exceptions include cases when the Labor Code of the Russian Federation or other federal laws establishes a different maximum term, for which a fixed-term employment contract may be concluded.

Neither regulations nor judicial practice contain an answer to the question of how the Labor Code of the Russian Federation or other federal law should establish a different period - in the form of a specific period of time or in an indefinite form, implying the possibility of continuing a fixed-term employment relationship after five years.

However, in our opinion, the systematic interpretation of Part 1 of Art. 58 and para. 2 hours 1 tbsp. 59 of the Labor Code of the Russian Federation allows us to conclude that a fixed-term employment contract can be concluded for a period exceeding five years if the replaced employee legally retains his place of work during this entire period.

In addition, when deciding whether a fixed-term employment contract can be recognized as a contract concluded for an indefinite period, it is necessary to take into account whether the employment relationship with the replacement employee continued after the absent employee returned to work. The courts note that the employer loses the right to terminate a fixed-term employment contract with an employee upon the occurrence of an event associated with the expiration of its term, only if he has not expressed his desire to terminate labor relations with the employee before the expiration of the employment contract, and the employee continues to work after the expiration of the contract.

Therefore, to terminate a fixed-term employment contract with an employee:

  1. the employer must express a desire to terminate the employment relationship in connection with the return to work of the absent employee;
  2. the employee should not continue labor activity upon expiration of the employment contract.

Subject to these conditions, as well as taking into account the provisions of Part 1 of Art. 58 and para. 2 hours 1 tbsp. 59 of the Labor Code of the Russian Federation, termination of a fixed-term employment contract can be carried out after five years from the date of its conclusion.

To minimize the risks of a labor dispute with a replacement employee, all documents (including an application for employment, contract, order, work book, additional agreements on extension of time and corresponding orders to them) should reflect the urgent nature of the work of the hired employee, as well as the basis ( reason) for concluding a fixed-term contract.

On the significance of Rostrud’s clarifications when considering a labor dispute in court

Citizens of the Russian Federation have the right to send individual and collective appeals to state bodies and local governments. The procedure for considering citizens' appeals and legal entities established by Federal Law No. 59-FZ of March 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”

The government body whose competence includes consideration of the issues specified in the appeal provides the applicant with a written response on the merits of the issues raised.

The body authorized to provide legal and individuals clarifications on issues related to labor legislation are provided by Rostrud (clause 6.2 of the Regulations on Federal service on labor and employment, approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 324).

An analysis of judicial practice shows that in some cases the courts use the explanations of Rostrud to substantiate certain positions in the reasoning part of the decisions made. However, in such cases, the position of Rostrud is applied as a supplement to the norms of the Labor Code of the Russian Federation and judicial practice.

At the same time, on the issue of regulatory powers of state executive authorities in Art. 5 of the Labor Code of the Russian Federation states that the regulation of labor relations and other directly related relations can be carried out by regulatory legal acts of federal executive authorities.

P>By virtue of clause 7 of the Regulations on the Federal Service for Labor and Employment, this executive body does not have the right to carry out regulatory and legal regulation in the established field of activity (state supervision and control over the implementation of labor legislation, information and advice on compliance with labor legislation, regulatory legal acts containing norms labor law, etc.).

Based on this, the explanations of Rostrud have exclusively recommendatory force and express only the opinion of the authorized body regarding the interpretation and application of labor law norms. This opinion can be critically assessed both by participants in labor relations and by the court when resolving a specific dispute on the merits, which is confirmed by judicial practice. In this regard, the courts are not obliged to consider Rostrud’s clarifications as documents subject to mandatory application.

Thus, in the event of a labor dispute, an explanation from Rostrud, issued to the employer upon a request related to the subject of the dispute, can be used by the court when resolving this dispute, however, taking into account the powers of Rostrud, the court is not obliged to be guided by such explanations and may, at its discretion, accept a decision that does not correspond to the position of Rostrud.

Or another period of time during which the absent employee retains his place of work.

This conclusion is confirmed by established judicial practice (see, for example, the Appeal ruling of the Oryol Regional Court dated April 25, 2012 in case No. 33-682, Cassation ruling of the Supreme Court of the Republic of Kalmykia dated April 8, 2010 in case No. 33-285/2010 , Cassation ruling of the court of the Jewish Autonomous Region dated February 13, 2009 No. 33-52/2009).

This conclusion is also confirmed by judicial practice and explanations of Rostrud (see, for example, the Cassation ruling of the St. Petersburg City Court dated September 20, 2010 No. 33-12886/10, letter of Rostrud dated December 28, 2006 No. 2264-6-1) .

This conclusion indirectly follows from the Ruling of the Supreme Court of the Komi Republic dated March 22, 2012 in case No. 33-1067/2012.

Appeal ruling of the Volgograd Regional Court dated March 14, 2012 in case No. 33-2012/2012.

Article 33 of the Constitution of the Russian Federation.

Article 10 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”

Decision of the Leningrad Regional Court dated March 12, 2013 No. 7-89/2013, Appeal ruling of the Belgorod Regional Court dated November 27, 2012 in case No. 33-3830, Appeal ruling of the Moscow City Court dated November 2, 2012 in case No. 11 -24842, Appeal ruling of the Supreme Court of the Republic of Buryatia dated September 26, 2012 in case No. 33-2338, Resolution of the Eighteenth AAC dated October 29, 2010 No. 18AP-6693/2010, Resolution of the Twelfth AAC dated June 17, 2010 in case No. A57-912/2010.

See, for example, the Decision of the Moscow City Court dated December 14, 2010 in case No. 33-38876.

Dear colleagues Question: how to correctly make an entry in an employment contract, in an employment order, if an employee is hired for the duration of the duties of an absent employee? Clause 1 of part one of Article 59 of the Labor Code of the Russian Federation or we write only part one of Article 59 of the Labor Code of the Russian Federation, maybe there are some then how to write samples correctly? Thank you,

Answer

Answer to the question:

According to para. 2 hours 1 tbsp. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, the employment contract preserves the place of work.

In this case, when hiring a temporary worker, a fixed-term employment contract is concluded with him, and an order for employment is issued for the duration of the duties of the absent employee. The content of this order must comply with the terms of the concluded employment contract (Part 1 of Article 68 of the Labor Code of the Russian Federation).

The current labor legislation does not contain direct explanations of exactly what wording in the contract and order the employer must use when hiring a temporary employee.

According to Part 2 of Art. 57 Labor Code of the Russian Federation prerequisite of an employment contract is the date of commencement of work, and in the case where a fixed-term employment contract is concluded, also its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law.

In this case, the following formulation is possible: “This employment contract is fixed-term and is concluded in accordance with paragraph 2 of part 1 of Article 59 of the Labor Code of the Russian Federation for the duration of the duties of an absent employee, who, in accordance with labor legislation and other regulations containing labor law norms, retains his place of work, namely before the main employee A.A. returns to work. Petrova".

The order must indicate:

Unified form No. T-1
approved by resolution of the State Statistics Committee of Russia
dated January 5, 2004 No. 1

Codes
OKUD form 0301001
"Alpha" according to OKPO 00000000
name of organization
Number
document
Date
drawing up
I
ORDER 8-k 16.02.2015
(order)
about hiring an employee
Date
Hire With 16.02.2015
By Release date for the work of the main employee A.A. Petrova
Personnel number
Ivanova Elena Vasilievna 18
last name, first name, patronymic
V administrative department
structural unit
Secretary
position (specialty, profession), rank, class (category) of qualifications
to replace temporarily absent employee A.A. Petrova
conditions of employment, nature of work
with tariff rate (salary) 12 000 rub. 00 cop.
in numbers
bonus - rub. - cop.
in numbers
with time trial - month(s)
Base:
Employment contract from « 16 » February 20 15 year 16-TD
Head of the organization Director A.V. Lviv
job title personal signature full name
The employee is familiar with the order (instruction) « 16 » February 20 15 G.
personal signature

Note: IN work book employee, the “urgency” of the contract is not reflected in any way (letter of Rostrud dated April 6, 2010 No. 937-6-1). Application for employment must be made in general procedure in accordance with paragraph 3.1 of the Instructions, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

When terminating a fixed-term employment contract, make an entry in the work book: “Dismissed due to the expiration of the employment contract, clause 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.” An exception to this rule will be cases where the employment relationship actually continues and neither party has demanded its termination

Details in the materials of the Personnel System:

1. Question from practice: What wording to use when concluding a fixed-term employment contract during the absence of the main employee: general “Until the main employee leaves” or detailed, indicating the full name of the absent employee, the reason for his absence, etc.

You can use different wording options. However, without the need to specify the deadline, it is not worth it. This will avoid unnecessary paperwork.

A fixed-term employment contract can be concluded for the duration of the duties of an absent employee, for whom the employer legally retains his place of work. For example, during the absence of a vacationer or a sick employee. In this case, the term of the contract is usually indicated not by a specific date, but by an event. This follows from Article 59 of the Labor Code of the Russian Federation.

Since the law does not establish the level of detail to indicate an event, you can use either the general wording “Before the main employee returns to work” or a more detailed one. For example, “Before accountant N.V. went to work. Zaitseva from administrative leave..." indicating documents confirming the reason and timing of the absence of the main employee.

However, unless clearly necessary, the deadline should not be specified. This will avoid unnecessary paperwork and eliminate situations with untimely termination of fixed-term contracts. For example, when concluding a fixed-term employment contract for the duration of the absence of an employee who is in or without a clear need, there is no need to specify the period and use the wording “Until the end of maternity leave” or “Until the end of parental leave.”

If we formulate the period as: “Until the end of maternity leave,” then after its expiration, issue a new one fixed-term contract already during the main employee's maternity leave. Otherwise, an untimely terminated contract will be considered unlimited. should not, since the inspection may also recognize contracts as unlimited.

Avoid the wording “Until the end of parental leave.” The fact is that the main employee can go to work on conditions and at the same time continue to be registered in. Under such conditions, the contract will not work. Since this wording connects the termination of the contract with the end of parental leave. And if the vacation actually continues, then there is no reason for dismissal.

Another situation is also possible. The main employee immediately after maternity leave decided to use or. In order to extend the work of a temporary employee for a new period, you will again have to terminate the previously executed fixed-term contract on the day the main employee’s vacation ends. And then conclude a new employment contract for new term. The same actions will have to be taken if the main employee gets sick and cannot go to work immediately after the end of maternity leave.

Thus, we recommend not to specify the term of the employment contract unless clearly necessary. Use the general wording: “Before the main employee returns to work.” If there are several employees working in a position, then in the wording of the term add the name of the main employee who will be replaced by a temporary one. For example, “Before the main employee A.M. Barankina goes to work.”

Nina Kovyazina,

Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert


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  • An employee going on vacation should not affect the work of the organization. Therefore, when it is not possible to distribute the responsibilities of a vacationer among the remaining employees without increasing the workload on them, a combination or replacement is formalized.

    Combination while on vacation

    The combination means that the employee chosen by the employer simultaneously performs both his own work and the work of a colleague who has gone on vacation (Article 60.2 of the Labor Code of the Russian Federation).

    Combination during vacation is possible only with the consent of the employee who is planned to be entrusted with performing the work duties of the vacationer.

    Payment for combined holidays

    An employee who combines his own work and the work of a vacationer, in addition to his own salary, is entitled to an additional payment for the combination. The amount of this additional payment is determined based on the volume and specifics of the additional work performed. The additional payment is established by agreement between the substitute employee and the employer (Article 155 of the Labor Code of the Russian Federation). It can be set either as a fixed amount or, for example, as a percentage of the salary of an employee who went on vacation.

    Combination agreement

    An additional agreement to an employment contract when combining positions during an employee’s vacation can be drawn up as follows:

    Additional agreementto the employment contract dated December 22, 2011 No. 21-TD

    Moscow 05/10/2016

    Limited Liability Company "Silk Road", hereinafter referred to as the "Employer", represented by the General Director Shelkopryadov G.S., acting on the basis of the Charter, on the one hand, and Smetanina Lyudmila Konstantinovna, hereinafter referred to as the "Employee", on the other hand , collectively referred to as the “Parties,” have entered into this agreement as follows.

    1. Due to the fact that senior cashier E.M. Zolotareva is on annual paid leave. During the period from 05/16/2016 to 05/29/2016 inclusive, along with the work specified in the employment contract, the employee is entrusted with the performance of labor duties by E.M. Zolotareva. in accordance with her job description, which the Employee was familiar with before signing this agreement.

    2. The employee is given an additional payment for combining positions during the vacation of E.M. Zolotareva. in the amount of 10,000 rubles.

    3. The Employee has the right to refuse additional work ahead of schedule, and the Employer has the right to cancel the order to complete it ahead of schedule, notifying the other Party in writing no later than 3 (three) working days in advance.

    4. This agreement is an integral part of the employment contract.

    Signatures of the Parties

    Employer_________G.S. Silkworms

    Employee__________ L.K. Sour cream

    Order on combination during vacation

    The combination is formalized by an appropriate order, in which it is desirable to reflect:

    • the reason why the employee will combine his own and someone else’s work. In this case, the reason is the vacation of another employee;
    • the time for which the employee will have to combine his work and the work of a vacationer;
    • the duties that the employee will perform in connection with the combination;
    • amount of additional payment for combination.

    Order on combination during vacation: sample

    This order might look like this:

    Silk Road LLC Order on combining positions

    10.05.2016 № 33

    In accordance with Art. 60.2 of the Labor Code of the Russian Federation I order:

    1. In connection with the vacation of the senior cashier E.M. Zolotareva. from 05/16/2016 to 05/29/2016, assign the duties of a senior cashier in accordance with job description in order to combine positions with accountant Smetanina L.K.

    2. Install Smetanina L.K. for a given period of time an additional payment of 10,000 (Ten thousand) rubles.

    General manager G.S. Silkworms

    I have read the order:

    Accountant L.K. Sour cream

    Against combination

    I don’t mind positions L.K. Sour cream

    Additional payment for combination and personal income tax

    The amount of additional payment due to a part-time employee is subject to personal income tax, as well as insurance contributions in the generally established manner.

    Combination of positions and personnel documents

    Information that an employee combined his work and the work of an employee on vacation is not reflected either in his work book, or in his personal card, or in his work time sheet.

    Substitution during vacation

    Substitution during vacation is the transfer of an employee to the place of a vacationer (Article 72.2 of the Labor Code of the Russian Federation). Those. The employee does not perform his job duties while replacing the vacationer, but only performs the work of the employee who went on vacation.

    The temporary transfer of an employee is formalized by a written agreement between the employee and the employer. Such an agreement can be made by analogy with a part-time agreement, replacing the information in it with information suitable for a specific situation (for example, indicating the amount of salary for the period of substitution, as well as information that during the period of substitution the employee performs only the work of a vacationer).

    Replacing an employee during vacation: payment

    An employee who replaces a colleague during his vacation receives a salary in accordance with the work performed.

    Application for replacement during vacation: sample

    If there is a substitution, the application will not be processed. However, you need to draw up a replacement order. To compile it, you can use one of the unified forms (T-5 or T-5a, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). For example, a replacement order in form T-5 will look like this:

    Code
    OKUD form 0301004
    Silk Road LLC according to OKPO 45617843
    name of organization
    Document number Date of compilation
    Order
    (order)
    about transferring an employee to another job
    33 10.05.2016
    Date
    Transfer to another job With 16.05.2016
    By 29.05.2016
    Personnel number
    Smetanina Lyudmila Konstantinovna
    last name, first name, patronymic
    145
    temporarily
    type of transfer (permanent, temporary)
    Previous place of work Accounting
    structural unit
    Accountant
    annual basic paid leave for senior cashier E.M. Zolotareva
    reason for transfer
    New place of work Accounting
    structural unit
    Senior cashier
    position (specialty, profession), rank, class (category) of qualifications
    Tariff rate (salary) 45,000 rub. 00 kop.
    in numbers
    Surcharge --- rub. - cop.
    in numbers
    Base:
    amendment to the employment contract dated May 10, 2016 No. 21-TD; or other document _____________________________________________________________________
    document (application, medical report, etc.)
    Head of the organization General Director ______________ G.S. Silkworms
    position personal signature signature transcript
    With an order (instruction)
    the employee is familiarized with ___________________ May 10, 2016
    personal signature

    Payment upon replacement and personal income tax

    Just as with combinations, money received by an employee for replacing a vacationer is subject to personal income tax and insurance contributions in the usual manner.