Formation of additional payment for combining positions during the vacation of the main employee

Performing the duties of a temporarily absent employee

There are several ways to replace vacationers:

• Combination. The employee combines his own work and the work of a vacationer (Article 60.2 of the Labor Code of the Russian Federation).
• Temporary transfer. The employee performs only the duties of a vacationer (Article 72.2 of the Labor Code of the Russian Federation).
• Part-time job. The employee spends time free from his main job on vacation work (Article 60.1 of the Labor Code of the Russian Federation).
• Hiring a temporary employee. An employee is hired with the conclusion of a fixed-term contract for a period corresponding to the vacation period of the replaced employee (Article 59 of the Labor Code of the Russian Federation).

Leave from part-time work and main place of work

The worker's workplace is located at the main place of work.
There can only be one main job. If a person is employed in several organizations, and the specifics of his activity are such that there is no need for a permanent workplace, and approximately the same amount of labor time is spent on each employer, then the main work can be considered the work that this employee himself determines, or the one at the place where the employment contract was first concluded and where the work book is kept. If a person has one job, then all the organizational issues associated with it, especially the issues of working time and rest time, are simple and understandable.

Expansion of responsibilities or combination

If one employee goes on vacation, another may be assigned to perform his duties without releasing him from his main job. This work may correspond to his position or not (Article 60.2 of the Labor Code of the Russian Federation).

If the additional work is similar to the employee’s work, this is an expansion of responsibilities; if not, it is a combination.

Is a full-time deputy manager entitled to additional payment if the manager goes on vacation and his responsibilities are assigned to the full-time deputy? The answer to the question is debatable, because according to the official duties of the deputy. must “pick up” the manager’s affairs during his absence. Find out the authoritative opinion of a ConsultantPlus expert by getting free trial access to the system.

An employee cannot be forced to perform additional work. The employee must give written consent to this.

Additional payment for performing the duties of a temporarily absent employee is specified in an additional agreement and can be made for actual work performed or calculated in proportion to the time worked (Article 151 of the Labor Code of the Russian Federation). The combination order must indicate how the replacement is paid for during the vacation and the period for which it is issued.

Each party to the employment relationship may terminate it early. To do this, the initiator of termination must notify the opposite party in writing 3 working days in advance.

How to correctly draw up an order for combining positions, read the article “Order for combining positions - sample for 2019-2020.”

But it may happen that no one receives additional payment for an absent employee. This happens when an employee replaces a colleague with similar job functions and his job description clearly stipulates such substitutions. In this case, the employee’s written consent is also not required.

What you need to pay attention to when attracting part-time employees of your organization, read the article “Registration of combining positions in one organization.”

Example

LLC "Cuckoo" In January, the cashier goes on vacation for 14 calendar days (10 working days). During his vacation, a second accountant agreed to perform his duties.

An order is issued to combine positions. It states that the additional payment for combined work will be calculated in proportion to the time worked.

The accountant's salary is 20,000 rubles.

The cashier's salary is 17,000 rubles.

We calculate the amount of payment for one working day: 17,000 rubles. / 17 days (number of working days in January) = 1000 rub.

The amount of additional payment for 10 working days was: 10 days. × 1000 rub. = 10,000 rub.

Total, in January the accountant will receive a salary of 20,000 rubles. + 10,000 rub. = 30,000 rub.

From this amount it is necessary to withhold personal income tax (13%) and pay contributions.

Duration of leave when combining positions

There can be only one vacation when combining positions in one organization, since the employee has a main position and a stipulated additional payment for combining positions (Article 286 of the Labor Code of the Russian Federation). Annual paid leave is 28 calendar days. Vacation pay is calculated based on wages, taking into account additional payments received. The calculation of the average daily earnings for vacation pay is made taking into account the payment of two positions. As a result, the employee receives a larger amount of vacation pay.

To find out more about additional pay or leave when combining positions, ask questions in the comments to the article

Execution and payment of temporary transfer

It happens that the combination cannot be performed. In this situation, the employer has the right to release the employee from his current duties and transfer him to the vacationer’s workplace. The transfer period corresponds to the vacation period of the absent employee (Article 72.2 of the Labor Code of the Russian Federation).

Transfer is possible only with the written consent of the employee. The additional agreement to the employment contract specifies the terms of the transfer. After this, a transfer order is issued.

You will learn what to pay attention to when drafting it from the article “Order to transfer an employee to another position - sample.”

After the transfer is completed for the employee, this workplace becomes the main one, and, therefore, he must undergo all the training, like other employees.

The work book does not reflect the transfer and return to the main place of work.

Additional payment for performing the duties of a temporarily absent employee occurs in the amount specified in the additional agreement.

Upon return to work of the main employee, it is necessary to send a notice to the replacement employee about the end of the transfer period and draw up an order to terminate the duties of the temporarily absent employee.

If the transfer period has expired and the employee is not given the opportunity to return to his main job and he has not demanded his reinstatement to it, then the agreement on the temporary transfer becomes invalid. Temporary work becomes the main one.

Decor

This type of combination is possible only with the written consent of the employee who must replace the vacationer. In accordance with the law, management does not have the right to force a person to perform the duties of another specialist. After receiving consent, an additional agreement is drawn up, which specifies the date of registration, the term and the signatures of the parties (Article 155 of the Labor Code of the Russian Federation).

Next, an order on job combination is issued. The document specifies the following points:

• the reason is the need to combine work (employee leave);
• replacement period;
• list of transferred responsibilities;
• amount of surcharge.

Data on combining positions is not entered into personnel documentation such as a time sheet, personal certificate or work book.

It is possible to reduce or terminate the additional payment if the combination entails a decrease in the quality of the duties performed and the services provided. If conditions change, the employee is notified in writing.

As soon as the vacationer returns to work and begins to perform his direct duties, the combination of positions automatically ends. No additional order will be issued. For more information on how to register a combination of positions at one enterprise, read the article https://otdelkadrov.online/6512-opisanie-poryadka-oformleniya-rabotnika-na-vnutrenee-sovmeshhenie.

How to register and pay for a part-time job

If expanding job responsibilities is impossible, the employer can arrange a part-time job (Article 60.1 of the Labor Code of the Russian Federation).

Part-time work is the performance of additional duties in your free time from your main job. But this time is standardized and should not exceed half of the monthly working time norm. It is the employer’s responsibility to ensure that this standard is not exceeded. All other functions remain unchanged (Articles 282, 284 of the Labor Code of the Russian Federation). Internal part-time work is formalized by concluding a separate employment contract.

Read more about external part-time work in the article “How to properly arrange external part-time work?” .

Payment for part-time workers can be made in proportion to the time worked or for the amount of work actually completed. This must be reflected in the employment contract.

Example

At the Lukoshko store in February, the cashier went on vacation for 14 calendar days (10 working days). During his vacation, a part-time worker was appointed to take his place.

The salary for a combined position is 15,120 rubles.

We calculate the amount of payment for one working day: 15,120 rubles. × 50% / 18 days (number of working days in February) = 420 rubles.

The amount of payment for 10 working days was: 10 days. × 420 rub. = 4200 rub.

From this amount it is necessary to withhold personal income tax (13%) and pay taxes to the funds (30%).

ConsultantPlus experts provide separate explanations on combination issues.

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How to correctly arrange a combination of positions?

In the event that the responsibilities of a temporarily absent employee cannot be proportionally distributed among other employees, legislative norms offer two options for the optimal solution to this problem:

1. Drawing up a special agreement with the employee on combining positions. With the help of such a document, the employee will be assigned additional professional responsibilities to another subordinate. The time for assigning such duties should be equal to the period of absence of the main employee from his workplace.
2. Signing a special agreement on filling positions with the employee. Such a document will have the main feature, namely: in accordance with this agreement, the employee will be engaged in the fulfillment of professional obligations exclusively of the absent employee.

If we focus on modern practice, we can note that combining positions is much more common. When working in this mode, one employee performs two types of duties at once. The first are his direct obligations, which were assigned by the job description, as well as other provisions. The second obligations are temporary in nature and are performed for the absent employee.

Regardless of the specific choice, any manager should pay special attention to the most competent design of this mode of operation. The main aspect in this case will be the prior consent of the employee himself. In order to protect the interests of the employee, the current regulations have established special rules. They are as follows: additional obligations cannot be assigned to a subordinate by a unilateral decision of superiors. Moreover, for the employee’s refusal to accept additional obligations, the employer will not have any right to dismiss such an employee or to establish other measures of liability in relation to him.

Another important aspect of the procedure for combining positions will be the correct calculation of additional payments. Naturally, no employee should perform additional functions for free. To do this, the employer must establish appropriate remuneration for him. It can be expressed in the following forms:

• in the form of a specific monetary amount. For example, for combining jobs, the employer gave the employee a monthly bonus of 25,000 rubles. This amount is constant and unchangeable. It does not depend on the size of the subordinate’s basic salary, as well as on other additional factors;
• as a percentage of the performer’s salary. For example, the employer decided to establish a regular bonus for combinations, the amount of which is 20% of the subordinate’s salary. Consequently, the employee’s salary for a certain period of time will be increased by exactly this value.

Hiring a temporary employee

Another way to replace an employee who has gone on vacation is to hire a new employee in his place by concluding a fixed-term contract with him (Article 59 of the Labor Code of the Russian Federation).

This replacement method will be preferable for enterprises that have technically complex positions. And if you try to combine them, the entire labor process may suffer. For example, this could be a large manufacturing enterprise. The adjuster of technically complex equipment goes on vacation. The advantages of hiring a temporary employee are obvious: the manager gets a full-time employee, and the work process does not stop.

Payment, conditions and duration of work are negotiated and indicated when concluding a fixed-term employment contract.

Replacement of director

Additionally

If for any reason the duties of an employee who went on vacation cannot be performed by employees of this enterprise, then it will be impossible to arrange a combination. In this case, the solution will be a fixed-term employment contract with a third party, the execution of which has a number of advantages: the work will be performed by a qualified specialist, the staffing table will remain the same, and the employment relationship will terminate upon expiration of the employment contract.

The director of the organization exercises full control of the work process. He also has the right to full leave. If there is a substitute, this greatly simplifies the situation. In its absence, an order for temporary combination is issued, which indicates:

1. Reason for replacement;
2. Full name of the part-time employee who receives the duties of director;
3. Term;
4. Payment amount.

The position of director during vacation can be occupied by:

• financial director;
• Chief Engineer;
• HR department manager.

The responsibilities of the temporary manager are specified in the job description. The document indicates the right to sign the documentation. In this case, the substitute person bears full responsibility for the decisions made.

Results

If an employee goes on vacation at an enterprise, then a replacement will most likely need to be selected to take his place. There are several options for such a replacement. Choose the one that is convenient for you. But no matter which one you choose, remember that the obligation to make additional payments for performing the duties of a temporarily absent employee cannot be neglected.

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

How to register a replacement for an employee?

If an employee goes on vacation for several days, there is usually no need to look for a replacement from the employer. But if the leave is long, for example, maternity leave, then you should find a new employee or assign someone else to perform these duties.

The employer can do the following:

Additional information on replacing employees ⇓

Documents for replacing a temporarily absent employee in 2020

Replacing an employee during sick leave in 2020

Assignment of duties during vacation (sample order)

Sooner or later, vacation time comes for all employees. According to their positions and rates, each employee has his own range of responsibilities. When an employee goes on vacation, the boss selects a temporary deputy for this workplace with the corresponding responsibilities.

According to the order for an employee to go on maternity leave, she ceases to perform her direct labor duties during the period before and after the birth period. The order is drawn up on the basis of the employee’s sick leave. Such certificates of incapacity for work are usually certified by maternity hospitals or antenatal clinics. Typically this period covers about 4 months - 140 days. In some cases, due to certain birth complications, it is prolonged. If another worker is hired to replace this woman, an employment contract is drawn up setting out all the necessary conditions.

Actions when registering a replacement

The Labor Code of the Russian Federation provides for the following options for replacing a temporarily absent employee:

1. Temporary transfer of one of the enterprise’s employees to the place of an employee who has gone on vacation, who retains his job, in accordance with the current legislation of Russia (Article 72.2 of the labor legislation). In this case, the transfer ends when the absent employee returns to work. There is also a certain nuance of this replacement: if, after the transfer is completed, the replacement employee is not provided with his previous job, but he continues to work in the replacement position, then the temporary transfer loses its validity and is reclassified as permanent. If this option is chosen, the replacement is formalized by drawing up a written additional agreement between the parties to the labor relationship (Article 72.2).
2. Acceptance of a temporary employee on the basis of drawing up a fixed-term contract . Article 59 of the Labor Code of Russia allows the conclusion of a fixed-term employment contract for a certain period to perform the duties of an employee on vacation, who retains his job. In this case, registration occurs by signing a fixed-term contract with a replacement employee. Moreover, its validity period ends at the moment the main employee enters the workplace.
3. Combination of main and substitute positions . This option is regulated by Article 60.2 of the Labor Code of the Russian Federation. Part-time work is performed along with the job duties of the main position during the working day. In the case of additional responsibilities for the same position as at the place of main work, replacement can be carried out by increasing the volume of work or expanding service areas. At the same time, according to paragraph 2, the replacement person may be offered a job either in the same profession or in a different one. Registration of replacement by combining positions is determined in the letter of the Ministry of Health and Social Development of the Russian Federation No. 22-2-897 dated March 12, 2012. Thus, according to the information provided, combination can be determined both when drawing up an employment contract as a condition on labor functions, and when drawing up an additional agreement to an existing employment contract.
4. Carrying out the work duties of an absent employee part-time, that is, performing other regular job duties in his free time from his main place of work . This provision is regulated by Article 60.1 of the Labor Code of Russia. According to current legislation, an employee has the right to work part-time both at his own enterprise (internal part-time job), replacing his colleague, and in another organization (external part-time job). At the same time, Article 282 of the Labor Code of the Russian Federation prohibits underage workers from working part-time, as well as in enterprises with dangerous or harmful working conditions, if the main place of work has the same working conditions. Paragraph 2 of this article regulates the replacement of an absent employee by drawing up an employment contract.

After choosing one of the substitution options, it must be documented.

In case of temporary transfer or combination, written consent must be obtained from the employee, on the basis of which an additional agreement is drawn up. In the case of a fixed-term relationship or part-time employment, an employment contract must be drawn up.

Based on these documents, the enterprise must issue an appropriate order to replace the main employee. It should reflect the following information:

1. Full name of the company.
2. Document number and date of its preparation.
3. Document's name.
4. Replacement start and end date.
5. Data of the employee replacing the absent employee.
6. Reason for substitution and details of the missing person.
7. Position and structural unit to be replaced.
8. Terms of remuneration (salary and benefits).
9. Grounds for issuing the order (for example, data from an additional agreement or employment contract).
10. Signature with transcript of the head of the enterprise.
11. Conditions for the employee to familiarize himself with the order and his personal signature.

A sample order for the temporary transfer of an employee to another job can be viewed here.

Basics

The regular number of employees performing their duties is calculated based on the required number of people for the efficient operation of production, including when some employees are absent on regular vacations. But situations are possible when, due to unforeseen circumstances, several employees leave their jobs, which jeopardizes the ability of the company to fully operate. To prevent production downtime and possible losses for the company, the Labor Code provided for the possibility of temporarily filling positions with third parties.

The assignment of responsibilities during vacation to a third party occurs on the initiative of the director, but with the mandatory consent of the involved entity. Confirmation of free will is a written statement from the employee, drawn up according to the template established by law. At the same time, the application does not indicate the maximum period of work for a vacationer, but, according to the general rule, in the absence of the employee’s consent, this period cannot exceed one calendar month.

The legislator also defines a limited list of grounds that allow substitution during vacation without the consent of the person involved. These include:

• natural disasters and man-made accidents, the elimination of which is directly related to the performance of official duties;
• accidents and incidents at work;
• fire and floods that caused damage to the enterprise;
• epidemics and epizootics.

This is a limited list in which the boss is given discretion in moving workers between positions. In this case, additional payment for the performance of duties is carried out on a general basis. Any violations of labor legislation in this area may result in administrative liability for managers .

Registration for work during maternity leave of the main employee

For the duration of the maternity leave, his place is retained. And the employer is forced to look for a specialist to replace the main employee. In this case, you can transfer to this position an employee who is already employed in the organization and can perform the duties of another during his maternity leave. Or you can hire a new employee for the main maternity period.

1. The applicant for the position provides all the necessary documents and their copies (passport, TIN, education diploma, SNILS and others).
2. A person being hired writes an application for temporary employment.
3. An order for employment is drawn up from a specific date until the day when the person being replaced returns from maternity leave.
4. A fixed-term employment contract is drawn up and signed. It also indicates the time of its end - the replacement employee’s exit from parental leave.
5. Registration of a personal file and personal card of a temporary employee.
6. Entry in the work book about admission to the organization.

We recommend that you read: What Changes Will Be In 2020 Under Article 228

Features of granting leave to part-time workers

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Ukrainian legislation does not limit citizens in the number of places of work. Working during free time from the main job under the terms of an employment contract at another or the same enterprise is considered part-time work.

How to properly arrange a temporary part-time job (during vacation) for a forwarder as a driver?

Good afternoon. Is it necessary to do the following: 1. an additional agreement to the employment contract on part-time work; 2. write a proposal to the employee on behalf of the employer about combination 3. write a statement to the employee about consent to combine? Is it enough to just make an order for the organization on the amount of the combination and an order for the combination for a specific employee? And also what is the minimum amount that can be set for combining (specific amounts, for example, at least 100 rubles), and what regulatory documents should specify the combination and the amount of additional payment for combining (can the combination be specified only in the job description)?

We recommend reading: How to register an apartment in your name

Issues of registration of part-time work for employees are currently regulated by Article 60.

Order for replacement during vacation - form and sample

IMPORTANT! The Labor Code provides a working person with the opportunity to take advantage of various types of leave: main (Articles 114–115), additional (Articles 116–119), educational (Articles 173–176 of the Labor Code of the Russian Federation), maternity leave (Article 255), care leave child (Article 256), administrative (Article 128).

Not every “vacation” absence of an employee from the workplace requires the automatic issuance of an order to replace his duties. process engineer, whose responsibilities include the development of technological production processes, for 3-5 days on vacation without pay , will not necessitate his replacement within the specified period.

Substitution during maternity leave

what do you mean why? For example, a person worked as a purchasing manager - and then bam - and the opportunity arose to work as the head of the purchasing department. there is a difference. and then this is confirmation of experience. If he goes to look for another job, then at least the record will remain. and with these extras - you never know. will lose. and then what?

1. About the time of military service, about the time of service in the internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, institutions and bodies of the penal system, tax police bodies, control bodies turnover of narcotic drugs and psychotropic substances and customs authorities.

An employee who was hired on maternity leave also goes on maternity leave.

Everything becomes more complicated if the employee, who was hired while the main employee is on maternity leave, is also preparing to become a mother. Questions arise about whether she can be fired, how to formalize this correctly, and whether you should pay her benefits.

There are two possible situations here.

SITUATION 1. At the time of expiration of the employment contract (that is, at the time the main employee returns from vacation), the temporary worker is pregnant.

A pregnant temporary worker, both before going on maternity leave and during this leave, can be dismissed due to the expiration of the employment contract only if both conditions are met simultaneously. 261 Labor Code of the Russian Federation:

• a fixed-term employment contract was concluded with her for the period of absence of the main employee in connection with the birth of a child and caring for him, and not just a fixed-term employment contract;
• your organization does not have a suitable vacant position or job to which she can be transferred before the end of her pregnancy, or she has refused the position or job offered to her.

The situation under consideration must be distinguished from the situation when a regular fixed-term employment contract was concluded with the employee (not for the duration of maternity leave), but at the time of its expiration it turned out that she was pregnant. In such a situation, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, it is necessary to extend the term of the employment contract until the end of pregnancy. 261 Labor Code of the Russian Federation.

If you have a suitable job and the woman has given written consent to the transfer, then the fixed-term employment contract with the temporary worker should be extended until the end of the pregnancy. 261 Labor Code of the Russian Federation. What can be considered the end of pregnancy?

Until the temporary worker goes on maternity leave, you have the right to request a certificate from her confirming her pregnancy status. If the certificate does not confirm pregnancy, then you can safely terminate the fixed-term employment contract with her. If you do not do this, then the employment contract with the employee will be considered concluded for an indefinite period, Articles 58, 261 of the Labor Code of the Russian Federation.

After going on maternity leave, a temporary worker can be fired based on the date of birth of the child, regardless of when you learned about this. 261 Labor Code of the Russian Federation.

SITUATION 2. At the time the main employee returns to work, the temporary employee is on maternity leave.

You can fire her due to the expiration of the employment contract. After all, it is impossible to fire a woman who has a child under 3 years of age on the initiative of the employer, only in certain cases. 261 Labor Code of the Russian Federation. Termination of an employment contract due to the expiration of its term (in this case, due to the return to work of the main employee) p. 2 hours 1 tbsp. 77, art. 79 of the Labor Code of the Russian Federation is not dismissal at the initiative of the employer. 81 Labor Code of the Russian Federation.

In both cases, you need to pay her benefits for the entire period of maternity leave. 1 tbsp. 10 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” (hereinafter referred to as Law No. 255-FZ); Part. 1 tbsp. 7 of Law No. 81-FZ. After all, at the time she went on vacation, she worked in your organization. And the fact that you then fire her based on the date of birth of the child does not matter.

If, during the validity of a fixed-term employment contract concluded during the absence of the main employee in connection with the birth of a child and caring for him, the temporary employee managed to go not only on maternity leave, but also on parental leave, then the benefit for caring for a child under the age of one and a half years, you are obliged to pay her only until the moment of dismissal. After all, from that moment on, her maternity leave ceases. 11.1 of Law No. 255-FZ; Part 1 Art. 14 of Law No. 81-FZ.