Tip 1: How to execute the duties
For registration of execution responsibilities in the form of fixed-term employment relationship, employment is done in the usual way on a fixed term contract. The applicant must be received application for admission for temporary work, employment history, educational documents and other required taking into account the specifics of work.
Drawn up a contract specifying all conditions of work, pay and period of employment relationships. The contract is signed by the employee and the employer issued the order about the design of the temporary employment relationship, the employment records and personal card. Hired employee familiar with the job responsibilities, and it proceeds to the temporary replacement of missing for valid reason the employee.
If the performance responsibilities issued in accordance with Article 60 of the labor code and an employee working under an employment contract in another position, will be responsible for a temporarily absent employee, this is done as an additional function.
This design can be made only with the written consent of the employee, the order indicating the additional responsibilities, period of execution and forms of payment for extra work.
All these rules do not apply for the vacant positions senior management, whose positions were elected or on a competitive basis.
All senior executives in the employment contract shall be an item on their replacement during the period of absence specified by the Deputy. Some enterprises in the contract specify two or three of the substituents on the absence of responsible leaders.
All deputies in the employment contract must contain a paragraph about the performance responsibilities during the absence of the Director and terms of remuneration at the time of substitution.
Additionally it is stated in the internal regulations of the company. If everything executed properly, neither the order nor the General power of attorney during the absence of leadership is not required.
If the employment contract and in internal legal acts order of replacement senior management, for the period of absence is appointed the acting as. Issued the order for substitution, it shall specify the period of performance responsibilities. the order of payment.
You will also need to issue a power of attorney in the regulations of Article 185 of the civil code. You will need it for signing important papers and possible legal relations with third parties, such as during important negotiations at the conclusion of the contract.
In the labour process can occur in a variety of change management needs to be prepared. One of them is temporarily absent from the worker in the labour process (for example, vacation and maternity leave, training, etc.). Temporarily retired employee needs to be replaced. But the question is – how to apply for the acting for the post.
According to article 72.2 of the Labour code of the Russian Federation, if it is assumed that the vacant vacant position will be temporarily replaced by one of the employees of the organization, that employee can temporarily take on this position and for this time free from his main work.
In this case, you will need the written consent of the employee to transfer, mandatory. In addition, you will need to issue the appropriate order, and to amend the employment contract. The duration of such period up to one year.
In addition, it is possible to combine this position with the employee without a release from his primary duties. Of course, the combination is entitled to a fee (article 60.2 of the labor code). In this case, you must also issue the order and to amend the employment contract changes accordingly. However, be aware that the combination of positions is possible only within the established duration of the working day.
The order reflects name and position of the absent employee and the Supplement. The copayment amount in this case is consistent with the employee who will assume other people's responsibilities and the employer. In the case of workers who occupy different positions, use the wording: "to Hold (name of the position, full name) the duties of (name of the shared positions) at the time of absence (reason for absence, name of absent employee)". This formulation can be contained in the order on business trip or on vacation. In this case, both employees are required to familiarize yourself with that order. The copy is placed in case the retiring employee, a statement – in a personal matter, who's going to replace it.
If the employee retires from the leadership position, uses a different wording: "Appoint (the name of the position, full name) acting (name of post)".
If management requires you to temporarily draw to a vacant position an employee who does not work in this organization, in this case, it is necessary to consider the clarification of the USSR state Committee No. 30, and the Secretariat of the all No. 39 of 29.12.1965, according to which the appointment of the employee to the position of acting on a vacant post is not allowed. This is possible only for the position to which appointed by the parent administrative body.