Tip 1: How to complete the discharge of duties
For execution executionduties in the form of urgent labor relations, employment takes place in the usual way under a fixed-term contract. From the applicant must be obtained an application for admission for temporary work, a work book, education documents and others, which are required taking into account the specifics of the work.
A fixed-term employment contract is drawn up, indicating all the conditions of work, payment and the period of the employment relationship. The contract is signed by the employee and the employer, an order is issued for the registration of temporary labor relations, an entry is made in the work book and a personal card. The adopted employee is introduced to job duties, and he begins to temporarily replace the absent employee for good cause.
If the performanceduties is formalized in accordance with Article 60 of the Labor Code of the Russian Federation and an employee who works under an employment contract in another position is assigned the duties of a temporarily absent employee, this is done as additional functions.
This registration can be made only with the written consent of the employee, the execution of the order with an indication of additional responsibilities, the period of their execution and the form of payment for additional work.
All these rules do not apply to vacant positions and top management, whose positions are elected or on a competitive basis.
All senior managers in the employment contract should have a clause about their replacement during the absence period and a deputy is indicated. At some enterprises, two or three deputies are indicated in the contract for the time of the absence of responsible managers.
All deputies in the employment contract must have a clause on executionduties in the absence of the manager and the terms of payment for the period of replacement.
In addition, this is indicated in the internal regulations of the enterprise. If everything is properly designed, then no order, no general power of attorney, at the time of the lack of leadership will not be required.
If in the employment contract and in internal legal acts the procedure for the replacement of the senior management is not formalized, then for the time being the acting officer is appointed. The order on replacement is issued, in it the period of executionduties. payment order.
In addition, it will be necessary to issue a power of attorney in the procedure of Article 185 of the Civil Code of the Russian Federation. It will be required to sign important papers and possible legal relations with third parties, for example during important negotiations when concluding a contract.
In the labor process, various changes can occur, to which management needs to be prepared. One such change is a temporary non-participation of the worker in the labor process (for example, maternity leave, training, etc.). Temporarily outgoing employee must be replaced. But here is the question - how to arrange the acting person for the position.
According to Article 72.2 of the Labor 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, this employee can be temporarily transferred to this position and at this time released from his main job.
In this case, you will need the written consent of the employee for translation, without fail. In addition, you will need to issue an appropriate order, as well as make appropriate changes to the employment contract. The duration of such a period is up to one year.
In addition, it is possible to combine this position with an employee without getting rid of his basic duties. Of course, for the combination is supposed to supplement (article 60.2 of the LC RF). In this case, it is also necessary to issue an order and amend the employment contract accordingly. However, it must be taken into account that the combination of positions is possible only within the established working day.
The order reflects the name and the position of the absent employee and an additional payment. The amount of surcharge in this case is agreed by the employee, who will assume other people's responsibilities, and the employer. At the same time, with respect to employees who hold ordinary posts, the following wording is used: "To assign (the name of the post, name) to the performance of duties (the name of the combined position) for the period of absence (reason for absence, the absent employee ) ". Such wording can be contained in the order on a business trip or leave. In this case, both employees must be familiarized with such an order in a timely manner. His copy is placed in the case of a retiring employee, and an extract is in the personal file of the person who will replace it.
If the employee leaves the managerial position, another wording is used: "To appoint (the name of the post, FIO) temporarily acting (the title of the post)."
If management requires a temporary vacancy for an employee who does not work for this organization, then the clarification of the State USSR Goskomtrud No. 30 and the Secretariat of the AUCCTU No. 39 of 29.12.1965, according to which the appointment of an employee to the post of acting for the vacant position not allowed. This is possible only by the position to which the higher-level administrative body appoints.