Sample and rules for drawing up an act of transfer of affairs upon dismissal
However, despite the absence of rules for the acceptance and transfer of cases in the legislative norms, the organization can independently establish them in local regulations, taking into account the specifics of the activity, the number of employees, their duties, responsibilities, as well as other factors influencing the need for the acceptance and transfer of cases and documents to avoid their loss and loss. In this case, compliance with the procedure for receiving and transferring cases will be mandatory for all employees who are familiar with this local regulatory act in the prescribed manner with a personal signature. Provisions for the reception and transfer of cases and documents may include:
- in the office work instructions:
- personnel regulations;
- internal labor regulations;
- regulations on a specific structural unit, etc.
Nuance! The current legislation of the Russian Federation does not establish a mandatory list of papers and actions that must be taken during the transfer; this is decided by the head of the enterprise. The general procedure for reassigning a case to a new subordinate:
- Register the transfer order.
- Check strict reporting forms, equipment, and so on.
- Conduct an analysis of funds accounting (if the person held the position of accountant).
- Send documentation to successor.
- The boss and the new employee sign the transfer of affairs upon dismissal.
- This document is sent for storage to the office or personnel department.
The redirection of all papers and equipment must be made on the day the employment contract is concluded with the new subordinate.
At the same time, delaying the payment of the remaining amounts due or issuing a work book is prohibited by law. One more point: you cannot force a future employee to participate in the process if an employment contract has not yet been concluded with him. If possible, you can accept a person temporarily for a vacant position (must be related to the position that he will later occupy), while clarifying that he is required to participate in the hiring and transfer process.
What to do if an employee quits but did not transfer anything? Since such a procedure is not provided for by law, there can be no sanctions against the quitter. Therefore, one option is to make an inventory of existing papers and valuables when a new employee arrives.
- Basically, the need to transfer cases directly or indirectly arises in the following situations, common for most workers:
- going on vacation (including maternity leave, parental leave, etc.);
- long business trip;
- temporary disability;
- transfer to another job;
- dismissal (for various reasons);
- in other cases, when the employee will be absent for a long time or leave the organization altogether.
- Let us note that it is quite rare to witness a complete transfer of files and documents by a departing employee. Even if this happens in some cases, it is almost never formalized properly.
Sample manager's order
It is important that the employee issuing orders has an idea of how to correctly draw up and execute a document, knows the basics of labor and civil legislation, as well as the internal regulations of the organization - these are the documents that should be referred to when drawing up the document. Orders issued on behalf of the head of a structural unit or department are usually a consequence of the strategic policy of the director and administration of the company pursued in the company - self-will in drawing up this kind of paperwork is unacceptable for middle managers. Therefore, in most cases there is no need to coordinate the order with the director.
An order, just like an order, must be justified. If possible, you should indicate the rule of law, the implementation of which served as the basis for writing the order, or enter an objective reason for creating the document (in the form of “In connection with ....”).
What is the first order
This document is called Order No. 1 because it is on its basis that all other orders are written; here a person is appointed who has the right to sign documents.
The order on assuming the position of the General Director and Chief Accountant simultaneously contains:
- full and abbreviated company name. In this case, it is the legal name that is indicated, and not what is painted on the store sign;
- date of compilation and originating number;
- the city in which the company is registered;
- preamble, that is, a brief description of what this order is about;
- text of the order, indicating its entry into force;
- signature and seal.
In some cases, a separate annex with paintings is published for the information of interested parties, but in this case this is not required.
This example provides a sample order from the director to assign the duties of the chief accountant to himself from the very beginning of the activity.
LIMITED LIABILITY COMPANY "Account Book" (LLC "Account Book") ORDER No. 1 - DE G. Novosibirsk November 25, 2018
On the appointment of the General Director and Chief Accountant
- According to the Minutes of the meeting of the founders of Accounting Book LLC No. 23 dated November 10, 2020, I assume the position of General Director of the company on November 25, 2020.
- Due to the fact that the staffing table of Uchetnaya Kniga LLC does not include the position of chief accountant, I assign the responsibility for fulfilling these duties to myself.
- The order comes into force on December 25, 2020.
- I leave control over execution to myself.
General Director of Accounting Book LLC Folder G.Z. M.P.
But even if the company had a chief accountant when the company was opened, there is no guarantee that he will not have to leave his position, at least for a while. Vacation, sick leave, and unforeseen circumstances can make adjustments to the staffing table. Therefore, the director needs to appoint a person responsible for this area of work.
In this case, the sample order assigning the duties of chief accountant to the director also includes an indication of the validity period of the order. Moreover, it is not necessary to indicate the end date; the order can be canceled by a certain event, for example, the chief accountant’s return from maternity leave or sick leave.
LIMITED LIABILITY COMPANY "OFFICE SUFFERER" (LLC "Office Sufferer") ORDER No. 485-DA January 10, 2020 Moscow
On the temporary performance of duties of the chief accountant
Due to the departure of Chief Accountant N.N. Shustroy from February 1, 2020. on maternity leave, I order that the duties of chief accountant be assigned to myself, General Director Nikolai Nikolaevich Sinkov, until N.N. Shustroy returns from maternity leave.
The order comes into force on February 1, 2020.
Sinkov N.N. ___________
The transfer of powers does not end here. It is necessary to change the bank account card, now there will only be one signature.
When preparing tax documents, the signature of the chief accountant is not required; only the head of the company signs here, unless a power of attorney has been issued to another person.
We combine departments: how to register
The second method is less cumbersome, since in this case only the text of the changes themselves is attached to the order, and not the entire “staff” of the company. Also, changes in the staffing table can be stated in the text of the order itself, and not in a separate appendix to it.
Please take into account an important nuance: changes in the company’s organizational structure can be put into effect no earlier than 2 months after the publication of the mentioned order. If only because when departments are enlarged, some employees may have to be transferred to other jobs or laid off. These include heads of departments, because in the new department there will be no positions of head of the transport department and head of the economic department, but there will be a new position of head of the transport and economic department.
Also, if each of the previous departments had secretarial positions, the employer can reduce one secretarial position and leave only one secretary in the new enlarged department.
Is it possible to assign additional duties to an employee during the absence of the main employee?
The manager has the right to assign to the employee types of work not specified in the contract, provided that he agrees to perform them, has the necessary professional training for this and receives the appropriate additional payment. The options for how replacement occurs during vacations and sick leave have already been discussed above.
But there are other reasons for key workers leaving during working hours: taking retraining courses, participating in events that are significant for the company, etc. Such situations also need to be provided for in regulations.
So, a receptionist or a lawyer can accept requests if a HR specialist is not available at that time. There are various options for replacement in accounting. Such actions are formalized by order of the manager and can be carried out by agreement of the parties without payment or with additional payment.
Order form
The document displays:
- date of issue of the order, number, name of the institution or business entity;
- the reason for issuing the act;
- base;
- Full name of the main employee and his replacement;
- content of additional responsibilities;
- payment;
- manager's signature, seal;
- signature from the employee confirming familiarization with the document.
Order on the transfer of powers of the General Director during absence
How to issue an order to transfer certain functions of full-time employees, for example, accounting, personnel or judicial work, to outsourcing. A sample order for the transfer of functions, when needed, and advice on drafting. Outsourcing traditionally refers to the transfer by one organization of certain business processes or production functions to another organization that specializes in the relevant field. That is, in essence, one company provides certain services to another on the basis of an ordinary civil law contract. The transferred functions are generally non-core for the organization. For example, for a manufacturing company this could include legal services, marketing research, call center services, cleaning buildings, preparing and delivering lunches to the office, providing transportation services, maintaining the operation of a computer network and information infrastructure, providing advertising services, providing security, search, selection and training of personnel, etc. Thus, an outsourcing agreement is a regular civil contract between two organizations for the provision of services or performance of work, which in general are non-core for the customer organization. All activities within the framework of such an agreement are regulated by the norms of the Civil Code of the Russian Federation, and such agreements can be concluded without restrictions. The legal department in the company consisted of three employees; there was no division of powers between employees. All rights reserved.
Order on transfer of functionality to other employees
Rules, entries made in the employee’s work record book during his time working for a given employer must be certified by the signature of the employer or the person responsible for maintaining work records, the employer’s seal and the signature of the employee himself.
At the employee’s request, the employer is obliged to provide him with a duly certified copy of the employer’s order (instruction) on dismissal. The employer must issue a work book on the day of dismissal (part four of Article 84.1 of the Labor Code of the Russian Federation).
If, on the day of termination of the employment contract, it is impossible to issue a work book to an employee due to his absence, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail.
From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.
Order on delegation of powers
Important In other words, the employee will work for two (Article 60.2 of the Labor Code of the Russian Federation)
Of course, an increased workload should include additional payment. The amount of additional payment is established by agreement of the parties to the employment contract and depends on the content and volume of additional work (Article 151 of the Labor Code of the Russian Federation).
Despite the fact that combining professions or positions is not free for an employee, in order to assign additional responsibilities to him, written consent must be obtained from him.
The parties must first agree not only on the content and scope of the delegated powers, but also on the period during which the employee will perform additional work.
It must be borne in mind that 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 complete it ahead of schedule. To do this, it is enough just to notify the other party in writing no later than three working days in advance (Part 4 of Art.
Doverus.ru
If the hiring for the specified reason does not take place, the employee will have the right to demand in court that the dismissal be declared illegal and reinstated at work (determination of the Vladimir Regional Court dated 05/07/2013 N 33-1399/2013).
The employer formalizes the termination of the employment contract according to the general rules established by Art. 84.1 Labor Code of the Russian Federation.
According to part three of this article, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) was retained. In accordance with part one of Art. 84.1 of the Labor Code of the Russian Federation, termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with this order against signature.
Order on the transfer of powers of the General Director
That is, by delegating his powers, the manager provides employees with some freedom of action in resolving issues of managing a subordinate department or the organization as a whole.
As a rule, in practice, certain powers of a manager are delegated to employees belonging to the administration of the enterprise: these are deputy managers on various issues, lower-ranking managers, heads of departments, etc.
In some cases, the possibility of delegating the responsibilities of a manager may be stated in the employment contract with him or in the constituent documents of the organization.
Read more about the order on the delegation of powers here: Since the list of rights and responsibilities of a manager is voluminous, and his decisions have significant consequences for the company’s activities, the delegation of powers of a manager must be carefully thought out and formalized properly
Attention A situation may arise in an organization when a new person from outside is not hired to replace a temporarily absent employee, but in this case it is required that someone perform the duties of a sick or vacationing employee. In this case, the personnel shortage is filled at the expense of existing employees by transferring to them all or part of the responsibilities of the absent employee
To formalize the transfer of responsibilities, the employer usually draws up an order or instruction. We provide an approximate form of such an order and a sample of how to fill it out in our material. How can responsibilities be delegated? The redistribution of responsibilities of a temporarily absent employee is usually carried out through internal combinations. Combination provides that the employee performs the duties of a temporarily absent employee, but is not released from his main job.
How are cases transferred?
It is quite rare for a full transfer of cases to take place.
The initiator of this procedure is the head of the department or the receiving party (new employee).
In practice, there are cases of conflict-based termination of a contract; in this regard, the resigning specialist refuses to transfer the cases.
In such a situation, it is necessary to record this fact using an act of acceptance and transfer. An employee hired for a vacant position, in order to avoid liability for the mistakes of others, unilaterally draws up an inventory of the accepted documentation.
It is risky for a successor to take over a job before going to work; the applicant for the position may not show up for work.
It is more correct to carry out the transfer on the day of dismissal.
Responsible specialists break this process into stages and carry it out in advance, within several days.
It is better to transfer matters not to a new employee, but to the head of the department.
When dismissing the chief accountant, it is more correct to transfer it to the head of the enterprise, because he is responsible for the correct maintenance of accounting records.
Do I need to make an order?
The employer requires the transfer of affairs and material assets to another specialist, if this is provided for in their job descriptions.
Positions that require this procedure:
- director;
- Chief Accountant;
- HR specialist - the procedure for receiving and transferring HR officer’s cases;
- financially responsible employee (cashier, manager).
If an employee performs functions with a high level of responsibility, his dismissal is always accompanied by a procedure for accepting and transferring cases.
At the legislative level, regulations have not been developed to regulate the process of termination of employment relations. Sometimes a clause on the obligation to transfer affairs is written into the employment contract.
When the chief accountant leaves
Before dismissal, the chief accountant must transfer affairs in accordance with the algorithm:
- drawing up an order indicating the deadlines and specific actions of the accountant and the person receiving the cases;
- carrying out inventory;
- meeting between the accountant and the successor;
- drawing up a transfer act with a detailed list of to-dos.
A successful inventory allows the next stage of transfer to proceed.
If shortcomings and errors are identified, then the accountant needs to put things in proper form.
The order to transfer the affairs of the chief accountant consists of several blocks:
- regulatory: name of the enterprise, title of the document, its number and date, signature of the director of the organization;
- individually personalized: surnames and initials of the receiving and transmitting parties, their positions;
- additional (listing of cases related to the transfer): deadline for transfer of cases, implementation of reconciliation acts, inventory, registration of requests and inventories of documentation.
The introductory signature is placed on the order by the chief accountant.
order on the transfer of files and documents upon dismissal of the chief accountant - word.
On the transfer of material assets and inventory upon termination of the contract with MOL
The order must contain all the necessary blocks, similar to those for the dismissal of an accountant. In the additional part, the fact of acceptance and transfer of inventory items is stated, and the necessary act is drawn up.
All employees mentioned in it are signed in the order.
The order serves as the basis for an audit, which consists of a number of activities:
- re-accounting of material assets entrusted to the employee;
- checking the condition and wear of objects, determining their value taking into account depreciation;
- drawing up an act of transferring property to a new specialist.
This is important to know: A serviceman’s report on dismissal at the end of a contract: sample 2020
The act must refer to completed reports on the inventory of liabilities and assets.
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
It should be noted that the transfer of valuables upon dismissal of a financially responsible person can only be carried out to a new specialist who is included in the list of persons approved by the head of the organization.
Example
order on the transfer of material assets upon dismissal of the financially responsible person – word.
How to correctly prepare an Order on assignment of duties
Let's consider how to assign responsibilities during an employee's next vacation. This is possible provided that the specialist replacing him has the appropriate professional training and agrees to replace the vacationer.
Let us examine in more detail an example of how to correctly prepare orders assigning the duties of a chief accountant. First, the official writes a memo about his going on vacation, indicates its time frame and offers to assign his duties to a salary accountant (full name) with payment (the estimated amount is indicated). The latter signs his consent.
When an employee goes on vacation, the responsibilities of an employee are assigned to other employees.
There is no established form of order for the assignment of job responsibilities. The personnel officer develops his own version of the form, acceptable for a specific business entity. The following information is required for this type of document:
- date, company name, place;
- Full name of the employee going on vacation and the time frame of the vacation;
- the basis for writing a normative act (application, memo);
- Full name of the employee who is assigned to perform the duties;
- additional payment (amount rub.);
- consent of the appointed employee;
- manager's signature.
- signature confirming familiarization with the order of the employee to whom it concerns and the person controlling
- execution of the document.
An example of a regulatory act in this case may look like this.
Approximately the same standard is used to prepare a regulatory act on the replacement of sick leave.
In practice, it is also used to replace an employee by writing an application with a colleague at work to assume responsibilities, subject to additional payment or without it. The application is written in any form, addressed to the employer and is the basis for writing a regulatory act.
During the vacation period, the director is replaced by a deputy, and the chief accountant or chief engineer also has the right to do so. The order must contain permission for the acting official to carry out legal procedures, work with finances, and perform representative functions. This is written down in the order as a separate paragraph and a power of attorney certified by a notary is attached.
Combining positions as a replacement option is used when an employee goes on maternity leave. For example, a cashier. It is impossible to predict how circumstances will develop after the birth of a child or the duration of postpartum leave. And the period of maternity leave is impressive - about four months.
Therefore, it is advisable to decide on a temporary combination for this period by an accounting employee of his position and the position of cashier. Salaries are being recalculated due to an increase in the workload of the specialist.
The application is drawn up in any form
The amount of the surcharge is set by the administration and an agreement is drawn up.
By the way, several people can perform the functions of an absent colleague. Only all these changes must be reflected in the order.
After leaving maternity leave, parental leave is issued. Then the option of hiring a freelancer for this position is possible.
Another method of replacement is the temporary transfer of a specialist to the workplace of a vacationer, releasing him from his official duties. This most often happens when the company's structural divisions are located in different regions. Then an employee of the main enterprise is sent as a replacement.
Here three mandatory points must be strictly observed:
- the transfer must be carried out with the consent of the employee;
- the performer should not incur material costs;
- when transferring, an additional Agreement to the employment contract is drawn up;
- You can transfer an employee without his consent for one month in case of an emergency situation.
These factors must be taken into account when preparing the transfer order. In the event of conflict situations - transfer without consent or loss of wages, threat of dismissal - the law is always on the side of the employee. The HR specialist should remember this and resolve issues according to the law.
The procedure for registering the transfer of an employee to another workplace
When transferring to an existing contract with an employee, an additional agreement is drawn up, which defines the essential conditions of the activity. The transfer procedure may require the employee to have special skills; when moving an employee, there are no such requirements. Important! Any movement must be justified for production reasons.
Without them, movement in a number of situations may be considered illegal, especially if there are personal motives of the organization’s management. The procedure provides for several options for moving: To another workplace. The employee continues to perform his job duties without changes, but in another office or in another building of the organization.
We recommend reading: Kirov Department of Bailiffs of Saratov
To another division of the company.
Such structural units (management, branch, sector) cannot always be located at a single address, but must always be located within the same locality (city, town, village).
Why is transfer of cases necessary?
Transferring cases under the act to a successor is a good way to distinguish between time periods when responsibility for the correct completion of documentation and safety of assets lies with the person being dismissed, and when with the newly hired person.
Before drawing up the act, the commission carries out an inspection and inventory. Their results are reflected in the final document, which makes it possible to accurately identify the amount of work performed by the employee.
To start the process of transferring job functions from a dismissed employee to his successor, the head of the enterprise issues an order on the transfer of affairs upon dismissal. This document confirms the fact that the leaving specialist transferred documentation and material assets; the company has no claims against him. We list the essential elements of the order:
- Date of preparation;
- place of publication;
- registration number of the form;
- listing of positions and full names. responsible persons;
- the essence of the order, the motives for initiating the inspection;
- director's signature and company seal.
The procedure for transferring cases allows you to solve the following problems:
- ensuring continuity of work in all segments;
- checking for the presence of all necessary documentation;
- analysis of the quality of work activity of the dismissed employee;
- assessment of the volume of upcoming work of a newly hired specialist.
We transfer cases
The handover process involves not only a report on the status of work, but also verbal recommendations on how to perform job responsibilities. The order is created to convey the boundaries of responsibility and job responsibilities as accurately as possible. It is compiled by the head of the company in any form.
Information contained in the order:
- Information about the organization.
- Number and date of compilation.
- Full name and position of the receiving and transferring parties.
- The reason and timing of the acceptance and transfer.
- List of cases that will be transferred.
- Composition of the commission and information about its chairman.
- Effective date.
- Additional instructions: conduct an inventory, audit, etc.
- The person responsible for the procedure.
- order on the acceptance and transfer of cases in connection with dismissal
- order on the acceptance and transfer of cases in connection with dismissal
The order to accept cases in connection with dismissal is signed by the general director. The persons mentioned in the order must also sign.
This is important to know: How to resign of your own free will for a working pensioner
document
Download as .doc/.pdf Save this document in a convenient format. It's free.
Limited Liability Company "Luch" (LLC "Luch")
Order
05/20/2009 N 90 On the appointment of a commission for verification and acceptance and transfer of personnel documentation
In connection with the introduction of the position of HR specialist into the staffing table and the need to transfer responsibilities for maintaining, registering, and storing personnel documentation to HR specialist P.P. Petrova, hired on May 19, 2009,
I order:
1. Appoint a working commission for checking and receiving and transferring personnel documentation of Luch LLC, consisting of:
- Chairman - Director Ivanov I.I.
— Members of the commission:
Chief accountant Ignatova A.P. Legal adviser Somov S.O. Secretary Filina O.S. Accountant Smirnova S.S. HR specialist Petrova P.P.
2. The personnel documentation available as of May 20, 2009 at Luch LLC is subject to verification.
3. Verification period: from 05/20/2009 to 05/30/2009.
4. Based on the results of the inspection, formalize the acceptance and transfer of personnel documentation of Luch LLC to HR specialist P.P. Petrova. relevant acts.
5. I reserve control over the execution of the order.
Director Ivanov I.I. Ivanov The order has been reviewed by: Chief Accountant Ignatova A.P. Ignatova Legal Advisor Somov S.O. Somov Secretary Filina O.S. Filina Accountant Smirnova S.S. Smirnova HR specialist Petrova P.P. Petrova
Download as .doc/.pdfSave this document now. It will come in handy.
You found what you were looking for?
* By clicking on one of these buttons, you help form a rating of the usefulness of documents. Thank you!
Related documents
- Order: samples (Full list of documents)
- Search for the phrase “Order” throughout the site
- “Order on the appointment of a commission for verification and acceptance and transfer of personnel documentation (example).”doc
Documents that may also interest you:
- Order appointing a person responsible for maintaining, storing, recording and issuing work books (example)
- Order on the appointment of a customs officer to a new position while maintaining the salary for the previously held position and on the recalculation of the monthly salary bonus for the current position
- Order on the appointment of a customs officer to a new position while maintaining the salary for the previously held position, as well as retaining the right to calculate a pension for long service based on the salary for the previously held position
- Order on the appointment, amount and timing of payment of unemployment benefits
- Order on the appointment, amount and terms of payment of scholarships paid to citizens during the period of professional training, retraining and advanced training in the direction of the employment service authorities
- Order on the appointment, amount and timing of payment of financial assistance to unemployed citizens who have lost the right to unemployment benefits, as well as citizens during the period of professional training, retraining and advanced training in the direction of the employment service authorities
- Order on the appointment of a person responsible for handling work books of enterprise employees
- Order on the appointment of an inventory commission to carry out an inventory (example)
- Order on the appointment of those responsible for electrical equipment in the electrical installations of the organization
- Order on appointment as acting
Act of acceptance and transfer of cases
Using this link you can download for free the “Sample Certificate of Acceptance and Transfer of Cases” in doc format, 18.5 KB in size. More useful files can be found at the bottom of the page.
Procedures for receiving and transmitting documents within an organization occur regularly, but this process is, as a rule, not regulated by internal regulations.
Problems associated with the transfer of cases from one employee to another arise constantly, so it seems strange that there is no attention to this issue in labor legislation. We will consider the main points of transfer of cases in accordance with the documents regulating this procedure.
A document can be considered recorded information with identifying details. A case, in accordance with archival terminology, is a document or a set of documents on one issue. From these documents, placed in a separate folder (cover), a case is formed. Therefore, “document” and “case” are different things, although when it comes to transferring cases, they also mean documents.
Cases are transferred and accepted for:
- continuity of the work process;
- proper performance of the duties of the absent employee;
- assessing the amount of work to be performed by the employee who accepts cases;
- division of areas of responsibility.
The need to transfer documents arises when:
- dismissal of an employee;
- vacation, especially when there is maternity leave and child care;
- long business trips;
- long-term disability;
- transfer to another job.
In all cases where the responsibilities of one employee are assigned to another, the transfer of documents must be formalized. In reality, it is quite rare for a full transfer of affairs to occur and even less often for a correctly completed transfer.
Nuances that should not be forgotten
The main difference is that when moving, the worker’s labor function does not change, that is, he continues to do the same work, only to do it at a different workplace, in a different office or on a different machine.
When the head of the company leaves. A director is a person who has the right of first signature. He has in his hands the information on which the work of the organization depends, the press.
In accordance with the recommendations of GOST R 6.30-2003 “Unified documentation systems. System of organizational and administrative documentation. Requirements for the preparation of documents”, as well as the practice of drawing up acts in organizations, for the act of acceptance and transfer of documents, they usually use a form with the following characteristics:
The acts are approved by the heads of the recipient organization and the donating organization and are drawn up in at least two copies.
Assignment of responsibilities for a vacant position sample order
An employee’s performance of duties for himself and “for that guy” can be formalized in three ways: If we are talking about replacing a person who is temporarily absent from the workplace for one reason or another, it is correct to use the latter. How is it different from the rest? At the same time, the deputy continues to perform his main duties in full.
If the “boss’s chair” requires the employee to be taken away from his own affairs, then this is no longer an IO, but a full-fledged, albeit temporary, transfer to another position. To formalize temporary performance of duties, a certain procedure is provided: Based on the annex to the employment contract signed with the employee, it is necessary to draw up an order for temporary employment.
A sample order for temporary performance of duties must contain: Otherwise, the form of the document is free. The text may contain other necessary information. For example, an order to temporarily perform the duties of a chief accountant should give the replacement the right to sign financial documents.
Data that the employee was temporarily an independent worker without leaving his position is not entered in the work book, but can be recorded in the T-2 personal card.
Order on assignment of duties
Update: April 25, 2020
Sample order on assignment of duties Very often, the duties of an absent employee are formalized according to the rules of Art.
60.2 Labor Code of the Russian Federation.
- additional work is performed during working hours;
- drawn up by an additional agreement to the employment contract;
- additional payment is determined by agreement;
- no entry is made in the work book.
order on the assignment of duties Internal part-time work is regulated by the provisions of Chapter.
44 of the Labor Code of the Russian Federation and can also be issued in the case when an employee needs to perform other people’s duties in addition to his main job. Common to all cases of registration of replacement is the need for the employee’s consent, determination of the amount of work and the amount of remuneration for performing additional duties.
How to register temporary performance of duties by another employee
Step 1.
Deciding on the method of temporary performance of duties Attention! An employee may refuse to perform additional work ahead of schedule by notifying the employer in writing no later than three working days in advance (h. We obtain the employee’s written consent
We obtain the written consent of the employee
Step 3. 5.27 Code of Administrative Offenses of the Russian Federation) Step 4. We issue an order for the temporary performance of additional duties
Step 5.
Tomsk): Ivan Uteshev - legal consultant of the Energogarant Insurance Joint Stock Company (Moscow): Milana Dubrovskaya - head of the HR administration and personnel settlements practice of Adolex LLC (Moscow):
How to formalize the assignment of responsibilities for a vacant civil service position?
To do this, the employer enters into a separate employment contract with the employee (Art.
60.1 Labor Code of the Russian Federation). By expanding service areas and increasing the volume of work performed, we mean performing, along with one’s main work stipulated by an employment contract, an additional volume of work in the same profession or position (Part.
For more information about this agreement, see
Sample order to replace an absent employee
- Name and date of preparation of the document.
- Name of the organization.
- fact of economic life.
- Last name, first name, patronymic, position of the replaced employee.
- Last name, first name, patronymic of the deputy.
- The replacement period (if it can be determined) or wording like “until employee Ivanov goes to work.”
- Amount of additional payment for increasing the volume of work.
- Manager's signature.
- Confirmation of familiarization with the order of the temporary employee.
Limited Liability Company "Sarafan" On replacing a temporarily absent employee By virtue of Art.
How to delegate the authority of a manager?
There are two most common options for transferring the authority of a manager to his subordinates. In the first option, the management of the company is transferred to a full-time deputy. In the second, the manager’s powers are transferred to one of the organization’s employees.
The first option is much simpler. The manager issues an order that his functions are transferred to the deputy for a certain period. Managing a company in the absence of a manager is one of the job functions of his deputy, therefore, in this case, concluding a special agreement on the delegation of powers is not required.
The second option is a little more complicated. Delegation of powers is possible only with the consent of the employee, and the fact of transfer of labor functions and their scope must be properly documented. First, you need to conclude an additional agreement with the employee to the employment contract, in which you need to indicate his new responsibilities and changes in remuneration. Next, it is necessary to issue an order that appoints the employee as a person authorized to perform the functions of a manager, and also determines the range of his rights and responsibilities.
In practice, when transferring powers, it is customary to also draw up a power of attorney. In reality this is not always necessary. According to Article 185 of the Civil Code of the Russian Federation, a power of attorney is issued by one person to another person for the purpose of representation before third parties. That is, execution of a power of attorney is necessary only in cases where the duties of a manager are assigned to a person who is not an employee of the organization, or when an employee is given the authority to perform actions outside the organization (for example, must represent the interests of the company in court).
www.kdelo.ru