If there is a full-time deputy director performing duties, he is entitled to additional payment

Therefore, the general director must appoint one of the employees by order to fulfill his powers. If the chief accountant performs the duties of a cashier, you need to formalize the combination of E.M.

Radko, Krasnodar Cashier goes on vacation. During this time, he will be replaced by the chief accountant, whose responsibilities do not include replacing the cashier. How to properly arrange a replacement in this case? : During the cashier’s vacation, you need to:

conclude with the chief accountant:

- an additional agreement to the employment contract on the performance of the duties of a cashier, in which an additional payment should be established, and, if you consider it necessary, include in it a condition on full financial responsibility of Articles 60, 60.2, 151 of the Labor Code of the Russian Federation; - agreement on full financial responsibility.

2 hours 1 tbsp. 243, art.

In your case, you must be guided by Art.

151 of the Labor Code of the Russian Federation - an employee who performs for the same employer, along with his main work stipulated by an employment contract, additional work in another profession (position) or acting as a temporarily absent employee without being released from his main job, must be paid additionally for combining professions (positions) or performing the duties of a temporarily absent employee.

Taking this into account, the amount of additional payment is established by agreement of the parties to the employment contract.

It is also necessary to be guided by Art. 60.2. Labor Code of the Russian Federation - Combination of professions (positions). Expanding service areas, increasing the volume of work.

Additional payment for performing the duties of a director

Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

With the written consent of the employee, he may be entrusted with performing, 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 (Article 151 of this Code).

Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions).

Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work.

To perform the duties of a temporarily absent employee without release from 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 established by the employer with the written consent of the employee.

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.

/ Documents / Publications / Is it necessary to pay a full-time deputy to perform duties for a temporarily absent boss?

Do I need to pay a full-time deputy to cover a temporarily absent boss?

Recently, this question has become very relevant - is it necessary to pay a full-time deputy for performing the duties of a temporarily absent boss and how much?

In accordance with the provisions of Art. 15 of the Labor Code of the Russian Federation, labor relations are relations based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function...

The employee’s labor function consists of performing work in a relevant position in accordance with the staffing table or in a specific profession or specialty indicating qualifications, or in performing a specific type of work entrusted to the employee.

A position is an established set of responsibilities and corresponding rights that determine the place and role of an employee in a particular organization.

The main labor function of the employee is defined in the employment contract. In turn, the job description, as a rule, is an integral and necessary part of the employment agreement, which complements and clarifies it.

By putting his signature on the job description sheet, the employee, in essence, agrees with the rights and responsibilities that are specified in it.

A legitimate question arises: is it necessary to pay a full-time deputy or other employee for performing the duties of a temporarily absent boss, if this is written down in his job description, and if so, how much?

There are clarifications from the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 N 30/39 “On the procedure for paying for temporary substitution” (as amended on December 11, 1986), which today are in force insofar as they do not contradict the Labor Code of the Russian Federation,

Previously, in accordance with sub.

Is the deputy obliged to perform the duties of a temporarily absent manager?

“a” clause 1 of the above Explanation, the replacement employee was paid the difference between his actual salary and the official salary of the replaced employee only if the replacement employee is not a full-time deputy or assistant to the absent employee.

However, by the Decree of the Cassation Board of the Supreme Court of the Russian Federation dated March 11, 2003 N CAS 03-25, this subparagraph was declared invalid in the part prohibiting the payment of the difference between the official salaries of an absent employee and his replacement full-time deputy or assistant, as well as the chief engineer of an enterprise, institution or organizations.

In turn, on the issue of the amount of additional payment, one should be guided by Art. 151 of the Labor Code of the Russian Federation, which establishes that the amount of additional payments for combining professions (positions) or performing the duties of a temporarily absent employee is established by agreement of the parties to the employment contract.

Thus, at the moment, a full-time deputy has the right to receive additional payment for combining positions in the amounts established by agreement of the parties.

The replacement must be completed as follows:

Temporary performance of duties in the position of an absent employee, as well as combining professions (positions), is assigned to another employee by order (instruction) of the manager. The order specifies the position for which the employee will perform the work, the volume, timing of the work performed and, necessarily, the amount of additional payment.

In accordance with Article 4 of the Labor Code of the Russian Federation, performing work to replace a temporarily absent employee without pay is equated to forced labor.

If you believe that your rights to wages have been violated, seek advice and protection from the trade union committee of the Electric Trade Union at the enterprise or in the regional Electric Trade Union.

Chairman of the regional committee "Electrotrade Union"

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On the merits of the question asked, we report the following.

In accordance with Art. 20 of the Labor Code of the Russian Federation, an employer is an individual or legal entity (organization) that has entered into an employment relationship with an employee. In cases provided for by federal laws, another entity entitled to enter into employment contracts may act as an employer.

The rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them, other persons authorized to do so in accordance with federal law, in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulatory acts.

Based on practice, the employer is represented by the head of the organization.

The manager has the right to transfer the right to conclude an employment contract with employees to other persons of his organization only if this is enshrined in the constituent documents of the organization or in the order of the manager.

In addition to issuing an order to delegate powers to another person, it is necessary to conclude an additional agreement that specifies all the basic rights and obligations.

Thus, the acting director can exercise the rights and obligations to hire and dismiss employees only if his powers are properly formalized, namely: 1) issuing an order appointing him to the position 2) concluding an additional agreement to the employment contract, which will spell out the right for the hiring and dismissal of employees.

The manager may be absent from work

The head of the organization, like all other employees of the company, has the right to annual paid leave (Article 274 of the Labor Code of the Russian Federation). The duration of vacation must be at least 28 calendar days.

The sequence of staff vacations is established by the vacation schedule.

This document is approved by the head of the organization, taking into account the opinion of the trade union organization, and is mandatory for both the employer and the employees (Parts 1, 2 of Article 123 of the Labor Code of the Russian Federation).

For more information, see “Vacation Schedule 2020: Smart Form in Excel.”

The manager can also go on sick leave. After all, all norms of current labor legislation apply to him. In such situations, the question arises about additional payment to the deputy director for the period of the director’s vacation.

Vacation is granted specifically for the working year, which, in general, is an annual period starting from the moment of employment.

Obviously, the length of service for the purposes of calculating vacation depends specifically on the employee’s working year, and not the calendar year.

The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year when calculating the length of service that gives the right to leave.

For more information, see “Granting leave: calendar or working year.”

In most cases, the substitute is the deputy director or one of his deputies, if the director has several assistants. Is additional payment made to the deputy director for administrative and economic work if he takes on the functions of the chief?

Studying local acts

It is clear that fulfilling the duties of a manager is, whatever one may say, additional work.

Therefore, current legislation, in general, provides for additional payment for such substitution (combination of duties). This procedure is provided for in Article 151 of the Labor Code of the Russian Federation.

But is the deputy director for academic affairs entitled to additional payment, for example, if such functionality is specified in the employment contract with him?

The head of the organization may be absent from his workplace for one reason or another. Since the director is a key figure in the company, someone must perform his duties in his absence.

In general, the responsibilities of the general director, which is quite logical, are assigned to his deputy. However, if the position of deputy director on staff is not provided, then the duties of a manager can be delegated to any employee of the company (clause 1 of the Procedure, approved by clarification dated December 29, 1965 of the USSR State Committee for Labor No. 30 and the Secretariat of the All-Union Central Council of Trade Unions No. 39).

The answer to the question about payment to a deputy director for performing the duties of a director depends on the wording of the employment contract concluded with him. If replacing a manager is the employee’s normal job responsibilities provided for by his employment contract or job description, then he is not entitled to any additional payments (Article 60.2 of the Labor Code of the Russian Federation).

Source: https://filicheta2.ru/grazhdanskoe-pravo/esli-est-shtatnyj-zamestitel-direktora-za-ispolnenii-obyazannostej-emu-polozhena-doplata.html

One worker on two chairs

This is exactly what our regular reader did, responsibly and professionally, when she came across a sample of one document in a publication on personnel topics. This is what she wrote to us. Dear Colleagues! I am an experienced personnel officer; I have been heading the personnel service of a metallurgical plant for more than ten years. During this time, I was firmly convinced that there are no trifles when working with personnel documents.

That’s why it’s so annoying to sometimes come across unprofessional, erroneous recommendations and advice in the literature for personnel officers.

If you accept his organization in this form, you won't have any trouble. I am sending you a photocopy of it; I think your experts will be interested in getting to know it. Sincerely, Natalya Loschilina, We thank our reader for her vigilance.

A sample document truly deserves to be presented in our section. Why, you ask? Let's get a look. First, a few words about the situation that served as the basis for the adoption of the order. This is the need to replace a temporarily absent manager.

In practice, this situation occurs quite often. Let's say the director got sick, went on vacation or went on a long business trip.

If such a position is not provided, by order of the director another employee may be appointed as the temporary acting head of the company.

The replacement employee will have to be solely responsible for the company’s activities, work more, rest less.

And it doesn’t matter at all whether we are talking about a deputy director, who is obliged to replace the boss in his absence, or about another employee of the organization - an engineer, accountant, financier, whose job responsibilities do not include such activities.

In any case, the general principle applies. This is one of the basic principles of labor law.

An article of the Labor Code states that additional payments are required for the performance of the duties of a temporarily absent employee, the amount of which is established by agreement of the parties.

How so? Responsibility increases, but the salary remains the same? This is wrong and illegal. Look at Article 3 of the Labor Code of the Russian Federation. Because it's a limitation. CAS The employment contract of an employee acting as a manager must be supplemented with information about temporary substitution and the terms of its payment.

The procedure for temporarily replacing a manager is often provided for in the organization’s charter. If the entire procedure is spelled out in detail in the constituent document, then the issuance of a separate order is not required.

The day on which the replacement employee begins his duties will be the first day of vacation, business trip, illness of the director, and the end of the work mission will be determined by the day the director returns to work.

The most dangerous thing in this situation is that the powers to manage the organization were transferred on the basis of a legally untenable order. And this can lead to quite unpleasant consequences.

Imagine that a former employee of an organization has filed a lawsuit for reinstatement at work. The judge, checking the legality of the administration’s actions, drew attention to the fact that the dismissal order was signed by...

He asked whether the substitute had the right to act on behalf of the director.

Can you guess what the judge's reaction was to the legally unsound delegation of authority document? That's right, he decided to reinstate the employee in his previous position and pay for forced absence. And this despite the fact that the dismissal procedure itself was carried out impeccably.

Or here's another example. During the director's absence, the acting employee signed a large contract.

This contract was subsequently challenged by the disgruntled partner. And what? The main argument on the basis of which the court declared the contract invalid.

The company suffered heavy financial losses.

An employee who performs for the same employer, along with his main job stipulated by an employment contract, additional work in another profession or position or performing the duties of a temporarily absent employee without being released from his main job, is paid additionally for combining professions and positions or performing the duties of a temporarily absent employee .

The amount of additional payments for combining professions and positions or performing the duties of a temporarily absent employee is established by agreement of the parties to the employment contract. Svetlana Andreeva Source: “Personnel Business” magazine.

We came to this conclusion by reading your letters. We are pleased that we were able to convince you to treat various pieces of advice with caution and apply them in practice only after first checking with the law. Sometimes an order is not needed. The procedure for temporarily replacing a manager is often provided for in the organization’s charter.

From the Labor Code of the Russian Federation An employee who performs for the same employer, along with his main work stipulated by an employment contract, additional work in another profession of a position or acting as a temporarily absent employee without being released from his main job, is subject to additional payment for combining professions of positions or performing duties of a temporarily absent employee.

Article Kemerovo We thank our reader for her vigilance. When the director leaves First, a few words about the situation that served as the basis for the adoption of the order.

The employment contract of an employee acting as a manager must be supplemented with information about temporary substitution and the terms of its payment. Sometimes an order is not needed. The procedure for temporary substitution of a manager is often provided for by the organization's charter. The cost of a mistake The most dangerous thing in the situation considered is that the powers to manage the organization were transferred on the basis of a legally untenable order.

So our reader is absolutely right in asserting that there are no trifles in personnel matters.

The procedure for dismissal for a disciplinary offense is provided for in the article of the Labor Code of the Russian Federation From the Labor Code of the Russian Federation For an employee who performs for the same employer, along with his main work stipulated by the employment contract, additional work in another profession, position or acting as a temporarily absent employee without being released from his main job , additional payment is made for combining professions and positions or performing the duties of a temporarily absent employee.

If the director goes on vacation

Once, at one of the seminars conducted by the author of this article, a lawyer for an organization told me about the following dispute with a personnel officer. The head of the organization had two deputies.

One of them had it written in his employment contract that he would act as director during his absence due to illness, vacation, etc.

It seemed to the lawyer that it was enough to issue the appropriate order so that the deputy could carry out the internal management of the organization, but each time the personnel officer made an additional agreement to the employment contract on combining the position of deputy with the position of a manager, and then, when the director returned, she made another additional agreement to cancel the original one. Personally, the lawyer’s position seemed logical to me: why spell out in the contract a second time what is already there?

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Closing personnel “holes” (about deputies and acting ones) part 1

This position is unique. The person who occupies it is essentially responsible for all the activities of the company. And naturally, when the General needs to leave, a small cataclysm occurs at the company.

There can be many reasons for absence: regular vacation or long-term illness, business trip, performance of state or public duties, training and advanced training, and much more. However, in all these cases there is a need to support the work of the organization.

In this article we will show how to formalize the transfer of managerial powers in the most complete manner and with the least damage to the work of the organization. The sole executive body of the individual executive organization carries out the current management of the organization.

It would seem a simple definition, but when it comes to the actual transfer of these powers, a lot of problems and questions arise.

Their root is that the powers of the general director are formulated by the current legislation on a residual principle, that is, he is assigned all other responsibilities not assigned by law or constituent documents, whenever possible to the general meeting or board of directors. In contrast, the delegated powers must be specified and clearly defined.

TRANSFER OF POWERS OF THE DIRECTOR AND CHIEF ACCOUNTANT DURING THEIR VACATION

The holiday season is approaching, and care must be taken to ensure that employees going on vacation does not lead to disruptions in the organization’s activities. Let's consider how to distribute the responsibilities of a temporarily absent employee. You can entrust the duties of a temporarily absent employee to another employee of the organization in the following order: These options are very similar.

Login Registration. Link to message. Re: additional payment for combining positions. Question: The organization provides for the presence of a manager and his deputy.

Is a “full-time” deputy entitled to additional payment for performing the duties of a temporarily absent head of an organization? Can the head of a structural unit, during his absence on vacation, business trip, or illness, assign his duties to an employee of the department without additional pay, and not to his deputy?

Is additional payment required for temporarily replacing a boss?

Source: https://ekaterina-monastir.ru/finansovoe-pravo/esli-est-shtatniy-zamestitel-direktora-za-ispolnenii-obyazannostey-emu-polozhena-doplata.php

We arrange and pay for replacement during vacation

To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either another or the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.