Procedure for terminating the contract
You should approach the dismissal of a replacement employee carefully - if you miss the termination deadline, the contract will last indefinitely. The legislator does not oblige the company to notify the employee about the end of the period, so each day may be the last.
►Temporary transfer for a fixed-term contract: how not to make a mistake
On the day before the departure of the main employee, the dismissal procedure is carried out with the replacement. An order is drawn up in form T-8. It is also necessary to calculate compensation for unused vacation and wages for the period worked. Transfer of funds is made on the day of dismissal.
An entry is also made into the work book (if this place was the main place for the person). The labor document provides a reference to clause 2 of Art. 77 Labor Code of the Russian Federation.
Please note that if the contract specifies a specific date of dismissal, then the replacement must be notified 3 days in advance of the date of termination of the contract. For this purpose, a special document is drawn up - a notification. It indicates the date of dismissal and its reason. It must be drawn up in writing in 2 copies. On the company copy, the employee puts a note that he received his.
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| katenka [email hidden] Belarus Wrote 865 messages Write a private message Reputation: | #101[549655] April 23, 2020, 11:39 |
Katrinka wrote:
katenka wrote:
I have a similar question, an employee is on sick leave, I need to hire someone else temporarily, is it possible to arrange a contract? worker fires the furnace
In your situation, it is worth concluding a fixed-term employment contract for the duration of the duties of a temporarily absent employee. A work contract will not be suitable, since it must reflect the start and end dates of the work, and it is unknown how long the main employee will be on sick leave. thanks for the help!
I want to draw the moderator's attention to this message because:Notification is being sent...
| Snow [email hidden] Wrote 25 messages Write a private message Reputation: | #102[549662] April 23, 2020, 12:12 |
Katrinka wrote:
Snow wrote:
Hello. How to properly draw up an employment contract during the absence of the main employee on leave? the main employee leaves in the period from 06/01 to 06/30. Another employee must be hired from 06/01 to 06/12/2019. How to indicate the validity period of an employment contract, because if we indicate 06/12/2019, we will not be able to use Art. 38 Labor Code of the Republic of Belarus in case of interruption of vacation of the main employee? And if we indicate the end date “until the departure of the main employee located .....” we will not be able to fire 06/12/2019.
Formalize the relationship using a contract agreement. Our organization does not conclude a contract. Maybe there are still options?
I want to draw the moderator's attention to this message because:Notification is being sent...
| m1958-8 [email hidden] Belarus, Minsk Wrote 10051 messages Write a private message Reputation: 1192 | #103[549664] April 23, 2020, 12:44 |
Quote:
Article 17. Employment contracts may be concluded for: 1) an indefinite period; 2) a certain period of not more than five years (fixed-term employment contract); 3) time for performing a certain job (fixed-term employment contract); 4) the time of performance of the duties of a temporarily absent employee, whose place of work is retained in accordance with this Code (fixed-term employment contract); 5) time for performing seasonal work (fixed-term employment contract).
so you need to decide - either for a certain period or for the duration of the employee’s absence.
I want to draw the moderator's attention to this message because:Notification is being sent...
| Big_Repa" [email hidden] Belarus, Soligorsk Wrote 27803 messages Write a private message Reputation: 2222 | #104[549671] April 23, 2020, 1:32 pm |
Katrinka wrote:
Snow wrote:
Hello. How to properly draw up an employment contract during the absence of the main employee on leave? the main employee leaves in the period from 06/01 to 06/30. Another employee must be hired from 06/01 to 06/12/2019. How to indicate the validity period of an employment contract, because if we indicate 06/12/2019, we will not be able to use Art. 38 Labor Code of the Republic of Belarus in case of interruption of vacation of the main employee? And if we indicate the end date “until the departure of the main employee located .....” we will not be able to fire 06/12/2019.
Formalize the relationship using a contract agreement. I wonder how?
I want to draw the moderator's attention to this message because:Notification is being sent...
Silence is gold. And all the evil comes from him. Sex is also a form of movement.| Katrinka [email hidden] Belarus, Minsk Wrote 21 messages Write a private message Reputation: | #105[549672] April 23, 2020, 1:36 pm |
Snow wrote:
Katrinka wrote:
Snow wrote:
Hello. How to properly draw up an employment contract during the absence of the main employee on leave? the main employee leaves in the period from 06/01 to 06/30. Another employee must be hired from 06/01 to 06/12/2019. How to indicate the validity period of an employment contract, because if we indicate 06/12/2019, we will not be able to use Art. 38 Labor Code of the Republic of Belarus in case of interruption of vacation of the main employee? And if we indicate the end date “until the departure of the main employee located .....” we will not be able to fire 06/12/2019.
Formalize the relationship using a contract agreement. Our organization does not conclude a contract. Maybe there are still options? you can try to formalize an employment relationship as with a temporary employee for the period from 06/01 to 06/12
I want to draw the moderator's attention to this message because:Notification is being sent...
| volk-natasha7 [email hidden] Belarus, Lida Wrote 26 messages Write a private message Reputation: | #106[550248] May 20, 2020, 13:43 |
Notification is being sent...
| Sergey [email protected] Belarus, Grodno Wrote 16546 messages Write a private message Reputation: 1771 | #107[550251] May 20, 2020, 1:47 pm |
Notification is being sent...
Pereat mundus et fiat justitia.| vie_8688 [email hidden] Wrote 8 messages Write a private message Reputation: | #108[551678] July 22, 2020, 12:55 |
Notification is being sent...
| Sergey [email protected] Belarus, Grodno Wrote 16546 messages Write a private message Reputation: 1771 | #109[551680] July 22, 2020, 13:00 |
Notification is being sent...
Pereat mundus et fiat justitia.| Big_Repa" [email hidden] Belarus, Soligorsk Wrote 27803 messages Write a private message Reputation: 2222 | #110[551684] July 22, 2020, 1:30 pm |
Notification is being sent...
Silence is gold. And all the evil comes from him. Sex is also a form of movement.« First ← Prev. 11 Next → Last (12) »
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Hiring a temporary worker
When an employer hires a temporary employee, he has two options: to enter into a civil law contract with him or a fixed-term employment contract.
The first option is more suitable when strictly defined work is required. But when concluding such an agreement, there is a risk: when checked by specialists from the Social Insurance Fund, such agreements will be carefully checked and it is possible that they will be recognized as labor agreements and fines will be imposed on the company.
Concluding an employment contract is safer in this regard. In particular, it is better to conclude it if the scope of work is difficult to calculate and it is difficult to say when this work will be completed. It is also convenient for seasonal and one-time work such as promotions.
The details of concluding a contract with an employee hired for temporary work are as follows:
- Term of the work. It is better to record it, and the exact date of termination of work is usually not indicated. If a person is hired to temporarily replace another employee, it can be formulated as follows: “This agreement was concluded for the period that manager N. is on sick leave.” Then this agreement will terminate from the date N. leaves sick leave;
- An employee hired for a temporary job must be notified of his dismissal, in writing and no later than 3 calendar days before this date. This applies to a situation where a specific date for termination of the contract is specified. If it is initially impossible to determine a specific date, no warning is required;
- If the contract term has expired, but both parties do not require termination and the temporary employee continues to operate, the contract becomes indefinite;
- Clarification of information about the probationary period. If the contract is concluded for no more than 2 months, a trial period is not assigned at all, and if it is for more than 2 months, then the trial period should not exceed 2 weeks.
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Features of replacing a manager during sick leave
The process of replacing a member of the workforce who holds the position of manager or chief accountant has certain features. When it becomes necessary to replace the head of a legal entity or government organization, all current responsibilities are automatically assumed by the person holding the position of deputy.
If a temporary replacement of the chief accountant is required, this action can be performed by an employee holding the position of deputy or other financial employee. A prerequisite for such action without issuing an additional order is that the mechanism will be specified in a pre-concluded agreement or DI.
https://youtu.be/KD1eXxLJzbU
In what cases is a temporary employee needed?
Hiring a temporary employee during the absence of the main one may be necessary if:
- on maternity leave;
- on parental leave;
- for the period of sick leave;
- on a long business trip.
At the same time, the main employee retains his place.
Hiring a temporary employee is possible:
- For the purpose of performing seasonal work, when, due to natural and climatic conditions or the characteristics of the enterprise, they are carried out during a certain season.
- With persons sent on a business trip abroad.
- To perform certain work that goes beyond the normal activities of the enterprise or is of a short-term nature. Such as minor repairs, holding an advertising campaign, filing and submitting documents to the archive, etc.
- With citizens who are sent to the organization to perform alternative civilian service.
- With persons referred by the employment service for temporary or public work.
Read more Payments in foreign currency on the territory of the Russian Federation
