Order on assignment of duties in connection with sick leave sample

Reasons for substitution

A variety of circumstances may serve as a reason for replacing any of the personnel. The most common:

• one of the employees going on sick leave;
• going on maternity or planned regular leave;
• going on a business trip, etc.

It should be noted that in such cases a temporary deputy is not always appointed.

This is usually required when the absence lasts more than three working days or when the employee’s duties are so significant that without them the normal day-to-day activities of the company are impossible.

Replacement during sick leave: options for replacing an employee

The employee receives a certificate of temporary incapacity for work:

• contracting an illness that may last several days or weeks;
• for pregnancy and childbirth;
• due to the need to care for a sick child or parents.

After the end of sick leave, the employee has every right to return to his workplace, which is retained by him.

While he is absent, the manager makes a decision about who will do the work of the sick person. The provisions of the Labor Code provide for the design of your choice:

1. Substitution.
2. Sharing work with another employee.

When the manager chooses the first option, this means that the replacement employee completely performs the work of his colleague and receives appropriate payment.

Who can be appointed

In order to start the process of replacing a temporarily absent employee, you must first select the right candidate for a replacement.

This must be a person with sufficient qualifications, education and experience.

He can work in any position within the company (in this case, you will also need to obtain his written consent) or hired “from the outside” on a part-time basis.

In some situations, to replace a valuable “personnel” who has been absent for a long time, a new specialist is hired - then a separate fixed-term employment contract must be concluded with him, indicating a specific limited period of validity.

Documenting

Substitution is associated with the need to have one of the following documents:

• replacement order;
• an agreement signed with the replacement employee;
• employment contract when engaging a third party;
• application for temporary transfer.

A sample replacement order can be downloaded here.

When placing an order, it includes the following items:

• Full name of the member of the workforce who is temporarily absent from work and the reason for the need to replace him;
• Full name of the employee who will replace the absentee;
• replacement start date;
• the date of termination of such action or other information about the moment of termination of duties;
• the amount of payment for replacement;
• indication of the document on the basis of which this order was drawn up.

What to take as a basis for an order

All developed orders must be based on something. In particular, each such order must have a documentary basis and justification.

The basis may be either an article of law directly related to the essence of the order, or an internal document of the company (for example, some act, Accounting Policy Regulations, an official or memorandum). With justification, everything is simpler - this is the real reason for which the order is issued.

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.

FOR YOUR INFORMATION! 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.

Who must sign an order to replace a temporarily absent employee

The order refers to those documents that always come from the top management of the enterprise.

Therefore, this document must be signed either by the director of the organization personally or by an employee who temporarily performs his duties. Also, all persons in respect of whom it was issued and those responsible for its execution must sign the order.

Thus, all the above-mentioned employees will testify that they are familiar with the order and are ready to carry it out.

Transfer during sick leave: design features

Transfer within one enterprise means a change in job function or a change in structural unit while maintaining the job. During an employee's absence due to illness, his duties may be transferred to another employee appointed by transfer.

Transfer during sick leave, its procedure and features are regulated in Art.

72.2 of the Labor Code of the Russian Federation. Temporary transfer is based on production necessity.

The procedure is carried out with the consent of the employee, which the employer must obtain in writing. A person can be transferred for a period of up to 1 year or until the main employee leaves after the end of the sick leave. The legislation establishes exceptional cases in the event of which approval for transfer for a period of up to 1 month is not required: The need to eliminate an emergency or accident, a man-made disaster. The occurrence of natural disasters

Answer to the question: Yes, you can indicate the wording of the deadline as “Completion date - the main employee returns to work.” That is, without specifying specifically what is for the period of illness or vacation.

In this case, the period will end exactly when the main employee returns to work.

It doesn’t matter after illness or after vacation.

Please also note that registration of additional responsibilities is possible in any of the ways presented below.

1. An additional agreement can be drawn up with a temporary employee to perform additional work during the absence of the main employee. This opportunity is provided by Article 60.2 of the Labor Code.

In this case, he performs additional work simultaneously with his main one.

151 Labor Code of the Russian Federation).

Every employee can get sick, which is a fairly common situation that is regulated at the legislative level.

The end date is the return to work of the main employee. In this case, an additional payment is established, the amount of which is determined by agreement of the parties, taking into account the content and (or) volume of additional work (Article. However, the enterprise cannot wait for the employee to recover, given that such an approach may negatively affect the progress of production activities, and therefore and temporary replacement is allowed, but only in the manner prescribed by law.Within the framework, the imposition of additional duties not provided for in the employee’s employment contract is unacceptable, but only in normal work situations.

If force majeure circumstances occur - in particular, the possibility of suspension of the production process due to the absence of one of the employees - it is allowed, as an exception, to be hired without taking into account the terms of the mutual cooperation agreement. Thus, in accordance with the procedure, a worker can be transferred to another position with release from duties for his previous vacancy in the order of replacement in the absence of the main employee due to his illness, but only with consent.

Combination order

Combining professions or positions is one of the forms of temporarily replacing an absent employee. It is somewhat different from substitution. The features of this procedure are:

1. Mandatory consent of the employee. It must be in writing.

Clear deadlines for combining. They are established by the manager with the written consent of the employee.

2. A person has the opportunity to cancel the combination unilaterally. But he will have to notify the manager about this in writing three working days in advance.

Reference. The rules of combination are reflected in Article 60.2 of the Labor Code of the Russian Federation.

Order

The combination order must be executed because it is documentary evidence of the mutual agreement of the parties. It is drawn up in writing and delivered to the employee against signature. In addition to general mandatory information, the order must also contain specific wording. The text must indicate that the specialist will perform the duties of the position in a combination manner.

Working for another employee - a right or an obligation?

By virtue of Article 72.2 of the Labor Code of the Russian Federation, substitution in certain circumstances can be both a right and an obligation.

So, if a major accident occurs at an enterprise, the consequences of which threaten the normal life of the population, the employee can be transferred to a completely different position even without his consent, but only within one month, and to a vacancy that is not lower in qualifications than the one previously occupied.

If we are talking about a simple replacement of a sick employee whose duties there is no one to entrust, and at the same time his absence threatens only with a violation of the deadlines for submitting reports, another employee can be transferred to a temporarily vacated position, but only with his written consent or a statement indicating his personal initiative to perform other duties.

The concept of combining positions (professions)

One of the types of additional work entrusted to an employee is combination regulated by Art.
60.2 Labor Code of the Russian Federation. Combination is the performance by an employee, in parallel with the main job, of an additional one in another profession (position), as well as the performance of the duties of a temporarily absent employee for additional pay (Article 151 of the Labor Code of the Russian Federation). It is carried out without exemption from the main work within the normal working hours.

The concept of “combining professions” refers to blue-collar professions, and “combining positions” refers to employees and specialists.

For combination you need:

• mandatory consent of the employee to this;
• additional agreement to the employment contract on additional work;
• issuance of an employer's order on combining positions (professions).

Combining positions (professions) must be distinguished from internal part-time work, in which an employee works under an independent employment contract outside of working hours under the main employment contract.

Since these are completely different labor regimes, mixing them leads to unacceptable errors in the timesheets, calculations of workers’ wages, their average earnings, vacation pay, temporary disability payments, etc.

Assign responsibilities during the period of sick leave

Contents An order for substitution during sick leave - a sample of it is available on our website - is necessary if the mechanism for such substitution is not specified in the deputy’s employment contract.

Let's study how this order can be drawn up. If an employee holding a responsible position in a company goes on sick leave, the employer can temporarily, by way of replacement, hire another person. The mechanism of such replacement is regulated by the provisions of Art.

72.2 Labor Code of the Russian Federation. You can learn more about the features of using unified forms in enterprises in the article

“Unified forms of primary documents (list)”

On our website you can download a completed sample order for the assignment of duties during sick leave. There are a number of nuances that characterize the employment of another company employee (for the position he or she holds) while on sick leave. The replacement is formalized by drawing up an additional agreement to the current employment contract with the deputy.

However, he has the right to refuse to sign this agreement. If initially the employee’s employment contract states that he replaces someone in case of illness, the mechanism using the order is not implemented, and the replacement is carried out under the validity of the employment contract. If a new employee is hired, a fixed-term contract is concluded with him, which will expire after the main employee returns from sick leave.

You can learn more about the specifics of legal relations related to the issuance of sick leave in the articles: Be the first to know about important tax changes

Features of the document

The algorithm of actions is similar for most enterprises. It is not always necessary to replace a sick employee. Replacement during sick leave is carried out when:

• employee is absent for more than three days
• the work of the organization will be disrupted after just one day of his absence

An order can be issued only when a candidate has been selected who can replace the absent employee. This person must have the same knowledge and abilities as the employee he is replacing. In most cases, the enterprise uses people who are on the working staff. Less often, specialists are hired. But the second option involves concluding a temporary employment contract, on the basis of which it will be possible to draw up an order.

Substitution can be a temporary transfer of an employee to another position, or the distribution of tasks performed by a sick employee among his colleagues. Substitution is voluntary and requires consent.

Assignment of responsibilities

Combination instead of replacement As mentioned above, the second way is to find a part-time employee for this position from among the company employees who are closest in job function to the absent colleague. When combined, a person is not freed from his main job and becomes a kind of multi-machine operator. For this, he is entitled to an addition to his basic income. Its value is specified in a separate agreement.

This is important to know: How to go on sick leave during early pregnancy: who gives and how to take it

The registration is almost the same as the replacement: a separate additional agreement is made. But this does not affect the contents of the work book in any way. An order to combine work during sick leave may look like this: Also see “We accept an employee during the vacation of the main 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 for completing additional 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.

Limited Liability Company "Perekrestok"

Tula

ORDER No. 14-7

dated February 12, 2020

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

BASIS: additional agreement to the employment contract dated February 11, 2017 with O.D. Rubinshtein. from 05/10/2015

General Director of Perekrestok LLC /Gumilenko/ Gumilenko N.P.

The following have read and agreed with the order:

Senior economist /Zarubina/ Zarubina E.L. 02/12/2017

Economist /Rubinshtein/ Rubinshtein O.D. 02/12/2017

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