Tip 1: How to issue duties
For executionresponsibilities in the form of fixed-term labor relations, employment takes place in the usual way under a fixed-term contract. An application for a temporary job, employment record, education documents and other documents that are required taking into account the specifics of the work must be received from the applicant.
A fixed-term employment contract is drawn up indicating all the working conditions, remuneration and period of the employment relationship. The contract is signed by the employee and the employer, an order is issued on the registration of temporary labor relations, an entry is made in the workbook and personal card. The accepted employee is familiarized with official duties, and he proceeds to the temporary replacement of the absent employee for a good reason.
If executionresponsibilities executed in accordance with Article 60 of the Labor Code of the Russian Federation and an employee working under an employment contract for 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 himself, the execution of the order indicating the additional duties, the period of their execution and the form of payment for the additional work.
All these rules do not apply to vacant positions and senior management whose positions are elective or on a competitive basis.
All senior managers in the employment contract must have a clause about replacing them during their absence and a deputy is indicated. In some enterprises in the contract indicate two or three deputies for the time of the absence of responsible managers.
All deputies in the employment contract must be present item on the executionresponsibilities in the period of absence of the head and the wage conditions at the time of replacement.
Additionally, this is indicated in the internal regulations of the enterprise. If everything is arranged properly, then neither the order nor the general power of attorney will be required for the period of the absence of the manual.
If in the labor contract and in the internal legal acts the procedure for replacing the top management is not executed, then the acting officer is appointed for the time of absence. A replacement order is issued, indicating the period of execution.responsibilities. payment order.
Additionally, you will need to issue a power of attorney in the regulations of Article 185 of the Civil Code of the Russian Federation. It will be required for the signing of important papers and possible legal relations with third parties, for example, during important negotiations when concluding a contract.
In the labor process, there may be various changes for which management must be prepared. One of such changes is temporary non-participation of an employee in the labor process (for example, maternity leave, advanced training, etc.). The temporarily retired employee must be replaced. But the question is how to get an acting 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 for this time can be relieved from his main job.
In this case, you will need the employee’s written consent for the translation, without fail. In addition, you will need to issue a corresponding 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 for an employee to combine this position without relieving him of his basic duties. Of course, a surcharge is charged for combining (article 60.2 of the Labor Code of the Russian Federation). In this case, it is also necessary to issue an order and amend the employment contract accordingly. However, it is necessary to take into account that the combination of posts is possible only within the established working hours.
The order reflects F. I. O. and the position of the absent employee and surcharge. The amount of surcharge in this case is agreed by the employee, who will assume other people's duties, and the employer. At the same time, in relation to employees who occupy ordinary positions, the following wording is used: “Assign (duties of title, F. I. O.) to perform duties (name of combined position) for the time of absence (reason for absence, F. I. O. of an absent employee ) ". Such wording may be contained in the order on a business trip or vacation. In this case, both employees must be familiar with such an order in a timely manner. His copy is placed in the case of the outgoing employee, and the extract is in the private file of the person who will replace him.
If an employee leaves a management position, another wording is used: “Assign (title of the position, F. I. O.) temporary acting (title of the position)”.
If the management requires temporary registration for a vacant position of an employee who does not work in this organization, in this case it is necessary to take into account the explanation of Goskomtrud of the USSR No. 30, as well as the Secretariat of the All-Union Central Council of Trade Unions №39 dated 12.29.1965, according to which the appointment of an employee to the position of acting vacant not allowed. This is possible only by the position to which the superior management body is appointed.