How to assign the duties of an absent employee to several employees
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Temporary performance of other duties by an employee is formalized depending on who will be involved in such work.
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.
Documentation Any changes in the work schedule should be documented with appropriate papers, including the assignment of responsibilities to a temporarily absent employee (RB). An order on this topic is no different from other similar documents.
We transfer powers to the deputy
How to formalize the assignment of duties to a temporarily absent employee?
For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, it is envisaged that the duties of a temporarily absent employee will be assigned to another person. How to arrange this correctly?
In this situation, there are subtleties that both the personnel officer and the manager must know. And employees will also benefit from raising their educational level. Let's look at how the duties of a temporarily absent employee are assigned, and what each party to the process should focus on.
Options for solving the problem
It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposes two options for solving the problem. The administration may offer the employee a part-time job, that is, he will work for two people for some time. Another way is translation. In this case, the employee is relieved of his main duties.
For example, if the boss’s secretary goes on vacation or gets sick, a courier can be hired in his place. At the same time, the administration should consider whether this person will be able to perform his previous duties. If he manages to fit into working hours, then a part-time job is used, otherwise a transfer is used.
The assignment of duties to a temporarily absent employee must be properly formalized and additional payments must be taken into account. It is also necessary to keep in mind that in post-Soviet countries, whose legislation in the field of labor relations is based on the previous code, changes have occurred. This means that personnel officers should look for a solution based on the national regulatory framework.
Fundamental question
The procedure for assigning responsibilities to a temporarily absent employee is set out in the relevant national legislation.
The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must obtain a document in which it is expressed.
Lawyers recommend signing an additional agreement. It contains the following data:
- Parties to the contract.
- List of duties or positions.
- Scope of work.
- Surcharge.
- Validity periods.
Signing such an agreement will mean the written consent of the employee. On its basis, an order is drawn up to assign duties to a temporarily absent employee. Such a document contains the information listed above.
Assignment of responsibilities to a temporarily absent employee (RB)
The legislation of Belarus also provides for two options. We are talking about substitution and combination. The first is release from main duties and assignment of what the absent employee was doing. The second option involves double load. Substitution can be made with the consent of the worker.
There are exceptions. In cases where there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually the transfer (combination) occurs by agreement.
That is, the employee is offered to take up other work for a while. He signs the appropriate paper, which indicates the terms and amount of payment.
It is prohibited to set a salary that is less than what the person previously received.
Documenting
Any changes in the work schedule should be documented with the appropriate papers, including the assignment of duties to a temporarily absent employee (RB). An order on this topic is no different from other similar documents.
It contains all the details as required. A link to the relevant article of the Labor Code is also required.
The basis is an order or other document describing the reason for the absence of the official and a memorandum from the head of the unit. Here's an example:
“Based on Art. 67 of the Labor Code of the Republic of Belarus and in connection with the absence of the secretary of the head Ivashchenko S.N. from the workplace:
- The duties of the manager's secretary shall be assigned to HR specialist Ishchenko R.T. with her written consent for a period of (specify) while maintaining responsibility for the performance of the main work.
- The accounting department will make an additional payment to Ishchenko R.T. in the amount of 50% of the secretary’s salary during the specified period.”
You can read this order in more detail below.
Subtleties of legislation
Let's return to the Labor Code of the Russian Federation. Fundamentally, the legal and regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an order on assignment, you should think carefully about the reason for the worker’s absence. Vacation or sick leave options are common. They are self-explanatory.
But if an employee goes on a spree, then it is necessary to first issue a document on the beginning of an investigation (act), only then shift his responsibilities to others. That is, the absence must be explained.
The regulation of surcharges also differs in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amounts. They are charged on a contractual basis. But in the Republic of Belarus this is also true only for private enterprises.
Additional payments for part-time jobs for public sector employees are regulated by the government.
Assigning duties to a temporarily absent employee without consent
This measure is practiced in special conditions. These include catastrophes, accidents, natural disasters and other events that pose a threat to the population (part of it). In such a scenario, the person may be assigned another job for up to a month. Such a norm exists in the legislation of both the Russian Federation and Belarus.
Naturally, the personnel officer will still have to formalize all this with an order. The Labor Code of the Russian Federation allows translation without consent in other cases. These include, for example, downtime or liquidation of an accident. However, transferring an employee to a position with lower qualifications without written consent is prohibited. This should be taken into account in your work.
Easier replacement method
To ensure that the production process is not slowed down due to illness or vacation of a specialist, you can hire another person to take his place. Sometimes this method is more optimal than redistributing responsibilities.
However, leaders are extremely reluctant to agree to it. It's all about finances. A newly hired employee will have to pay the entire salary, while for a full-time employee even half is enough.
This results in serious savings in funds.
There is also such a nuance as an introduction to the matter. A new person is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down.
Temporary assignment of duties can be carried out for a period of up to one year or until the main employee leaves. In case of transfer, the person retains his place of service.
That is, when the main employee returns, his “deputy” should be given the same place.
Source: https://FB.ru/article/278767/kak-oformit-vozlojenie-obyazannostey-vremenno-otsutstvuyuschego-rabotnika
Is it possible to assign responsibilities without additional payment: paperwork
Labor legislation does not imply serious restrictions when assigning additional work responsibilities to employees. But if the employer makes a mistake when preparing documents, then questions and sanctions from the authorities exercising control are possible. Often an employer has a question about whether it is possible to assign duties to an employee without additional payment.
Assigning additional responsibilities to employees
Additional responsibilities: how to assign an employee
Here it is worth referring to Article 60 of the Labor Code. According to this rule, employees cannot be required to fulfill obligations that are not contained in the original agreement between them and their employers.
Each enterprise draws up special job descriptions that describe in detail the range of responsibilities. Often it is wide enough without additional loads.
The employee must familiarize himself with this document, as well as with his responsibilities, on the day he signs the agreement with the other party.
The following options are available if additional work is required:
- Standard registration of combined positions. In this case, it is recommended to rely on the provisions of Article 60.2 of the Labor Code of the Russian Federation. This means that an additional agreement is signed to the current contract.
- The employee is hired as an internal part-time worker for another position. Here the main support is Article 60.1 of the Labor Code of the Russian Federation. Then another Labor Agreement is drawn up.
In any case, it is impossible to do without paying the employee additional remuneration.
The Labor Code does not regulate the issue of payment in any way. That’s why the manager himself and his subordinates do this. It is important to come to a compromise that suits everyone.
New responsibilities without extra pay: is it possible?
Is it possible to assign duties without additional payment?
And here you can find a solution, but it is permissible to use only two methods.
Indication of relevant information in the employment contract. It should be written that during the absence of an employee with similar functions, his work can be performed by other team members. It is separately reported that there is no additional charge for such situations.
But this method is relevant only in the temporary absence of an employee. And in the case when the functions are really similar. This option cannot be used if the relevant information is initially missing from the Employment Contract.
Making changes to job descriptions. In this case, a change in the citizen’s labor function is assumed. This means that the employment contract itself changes, for which an additional agreement is drawn up.
The main thing is to indicate exactly which document and in which edition now becomes the main one. It is impossible to use such a solution without the consent of the worker.
The company's management must decide for itself which option would be more appropriate.
Temporary transfer and combination: features
This translation is one of the most convenient design options in such situations. The timing of temporary transfers usually depends on the reason.
For example, you can establish that the performance of new duties ends when the main employee returns from vacation. In some cases, this does not even require consent from the employee. For example, when there is a general production need.
Combinations are usually formalized if key employees go on maternity leave or long vacations. This is where Article 60.2 of the Labor Code comes to the rescue.
It is assumed that the part-time worker performs both his main job and additional work. This period is usually also associated with the following concepts and phenomena:
- Recalculation of wages, upward.
- Significant expansion of the service area.
- Increasing the direct volume of work.
In case of oral agreements
Verbal agreement to assign responsibilities to an employee
An oral agreement allows you to avoid many formalities. The manager will not have to spend a lot of time on documentation.
But such agreements protect the employee least of all from a legal point of view. After all, the job description is not adjusted, and the salary is not recalculated.
That is, an employee has two staff units at once. And he has no additional remuneration.
An employee has every right to refuse to take over the duties of someone who is currently on leave. But it often happens that after a refusal, the employer threatens to fire you.
But in such a situation, the law is on the side of the subordinates. If dismissal does occur, then you have every right to go to court in order to protect your rights. If the outcome of the case is positive, the citizen is reinstated to his position without any problems.
Replacement of managers: some features
Any manager is the most important person on whom the further successful activities of the enterprise depend. Therefore, the replacement procedure requires a responsible approach.
An experienced director always agrees in advance with who will replace him. For this purpose, all documents are drawn up and specifics are specified.
The peculiarity is the need to issue a so-called power of attorney to replace and perform duties. It should be separately said that the deputy has the right to sign documents, use company stamps and seals if necessary.
Correct drafting of an order
Order on assignment of duties
Proper documentation will allow all participants in the process to be confident that their rights are protected. In addition, it guarantees safety when it comes to government inspections.
The first stage is to obtain consent from the employee in writing. For example, you can make an offer to combine positions.
At the second stage, they begin to draw up the order itself. Here they write about the validity period of the document, describe the responsibilities themselves that you will have to face. It is impossible to do without determining the amount of remuneration.
The order is registered using a special journal, where the document is assigned a separate number. The employee must be familiarized with the document against personal signature.
Additional responsibilities within one position
The regulatory documents do not contain clear recommendations for drawing up job descriptions. There are only special recommendations from Rostrud.
Therefore, paperwork remains an entirely voluntary matter for employers. The form of such documentation remains arbitrary. Managers prefer to draw up instructions because they perform several functions at once:
- drafting specifically for each employee depending on the situation;
- eliminating duplication of similar work tasks;
- division of responsibility;
- resolving possible disagreements;
- significant simplification of work organization.
You can take the Unified Tariff and Qualification Handbook for Works and Responsibilities as a basis. But many of its provisions are considered outdated and do not reflect the current needs of managers. Local authorities have the right to make their own amendments to this provision.
The job description is determined directly by the manager. Additional responsibilities are included if they meet the specified conditions:
- Associated with current changes in working conditions.
- Their reason was the technical reorganization of the enterprise.
- It is mandatory to include them in the qualification characteristics.
In other situations, an additional agreement must be drawn up.
Combining professions: on introducing conditions or changing them
Documentation of combination
Typically, this scheme is used for personnel who belong to approximately the same category. For example, employees belonging to the same department can replace each other. After all, then the citizen is better familiar with the specifics of the work ahead and will cope with his responsibilities more effectively.
The main thing is that any decision on combination is accompanied by a corresponding order, drawn up in accordance with all the rules. The document must contain all important points:
- description of the full scope of additional labor;
- the amount of the amount planned for additional payment;
- the exact period during which you will need to combine two positions.
The employee is required to send additional notifications if the corresponding surcharge is reduced or adjusted in any way. The document must arrive several months before the changes take effect.
Except for cases where the innovation assumed a limited validity period. Such obligations are written in Article 72 of the Labor Code of the Russian Federation.
Several employees can simultaneously hold positions for which additional vacancies become available. Additional payment for such work and its current amount are discussed separately with each applicant.
The main rule is that the joint amount of additional payment should not be more than the single salary for the combined position. Otherwise, the very fact of combination will lose its attractiveness from an economic point of view.
The specific amount itself is established personally, between the manager and his subordinates. Additional payments are usually made only for hours actually worked. This happens when the shift is not combined in full.
Case studies
The employee holds the position of accountant, and therefore receives a salary of 6,200 rubles. He has a junior colleague with a salary of 5,500 rubles. And for a certain period of time he loses his ability to work.
https://youtu.be/G0k6AIkVUPs
Replacing a sick employee by agreement with the employer requires an additional payment of 60% of the absent employee’s salary. Thanks to this, the salary for one month will be up to 9920 rubles.
With such remuneration, the employer does not face serious additional expenses. After all, the Social Insurance Fund is responsible for the transfer. Substitution is associated with temporary disability.
But going on a long business trip is a different case; here it is the manager who pays.
According to Labor Law, any work, both primary and additional, must be performed only for a fee. This provision was created to fully protect the civil rights of any category of the population.
Job descriptions often state that temporarily absent employees can be replaced free of charge. But such provisions completely violate existing laws. Therefore, it is worth contacting higher authorities to resolve the controversial situation.
Watch the video about job descriptions:
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Source: https://naimtruda.com/otnoshen/mozhno-li-vozlozhit-obyazannosti-bez-doplaty.html
Do you need a job description?
The Labor Code of the Russian Federation does not regulate the operation of a job description, but nevertheless, a job description (for specialists and managers) or professional instructions (for workers) is an important document, the content of which is not only the labor function of the employee, the qualification requirements for the position held, but also the range of job responsibilities, the limits of responsibility.
