For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, it is envisaged that the absent employee will be assigned to another person. How to arrange this correctly?

In this situation, there are subtleties that both the personnel officer and the manager must know. And employees will also benefit from raising their educational level. Let's look at how the duties of a temporarily absent employee are assigned, and what each party to the process should focus on.

Options for solving the problem

It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposes two options for solving the problem. The administration may offer the employee a part-time job, that is, he will work for two people for some time. Another way is translation. In this case, the employee is relieved of his main duties.

For example, if the boss’s secretary goes on vacation or gets sick, a courier can be hired in his place. At the same time, the administration should consider whether this person will be able to perform his previous duties. If he manages to fit into working hours, then a part-time job is used, otherwise - a transfer.

The assignment of duties to a temporarily absent employee must be properly formalized and additional payments must be taken into account. It is also necessary to keep in mind that in post-Soviet countries, whose legislation in the field of labor relations is based on the previous code, changes have occurred. This means that personnel officers should look for a solution based on the national regulatory framework.

Fundamental question

The procedure for replacing an absent employee is set out in the relevant national legislation. The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must obtain a document in which it is expressed. Lawyers recommend signing an additional agreement. It contains the following data:

• Parties to the contract.
• List of duties or positions.
• Scope of work.
• Surcharge.
• Validity periods.

Signing such an agreement will mean the written consent of the employee. On its basis, a temporary absent employee is compiled. Such a document contains the information listed above.

Assignment of responsibilities to a temporarily absent employee (RB)

The legislation of Belarus also provides for two options. We are talking about substitution and combination. The first is release from main duties and assignment of what the absent employee was doing. The second option involves double load. Substitution can be made with the consent of the worker.

There are exceptions. In cases where there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually the transfer (combination) occurs by agreement. That is, the employee is offered to take up other work for a while. He signs the appropriate paper, which indicates the terms and amount of payment. It is prohibited to set a salary that is less than what the person previously received.

Documenting

Any changes in the work schedule should be documented with the appropriate papers, including the assignment of duties to a temporarily absent employee (RB). An order on this topic is no different from other similar documents. It contains all the details as required. A link to the relevant article of the Labor Code is also required. An order or other document characterizing the reason for the absence of the official and the head of the unit is indicated as the basis. Here's an example:

“Based on Art. 67 of the Labor Code of the Republic of Belarus and in connection with the absence of the secretary of the head Ivashchenko S.N. from the workplace:

1. The duties of the manager's secretary shall be assigned to HR specialist T. with her written consent for a period of (specify) while maintaining responsibility for the performance of the main work.
2. The accounting department will make an additional payment to Ishchenko R.T. in the amount of 50% of the secretary’s salary during the specified period.”

You can read this order in more detail below.

Subtleties of legislation

Let's return to the Labor Code of the Russian Federation. Fundamentally, the legal and regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an order on assignment, you should think carefully about the reason for the worker’s absence. Vacation or sick leave options are common. They are self-explanatory.

But if an employee goes on a spree, then it is necessary to first issue a document on the beginning of an investigation (act), only then shift his responsibilities to others. That is, the absence must be explained. The regulation of surcharges also differs in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amounts. They are charged on a contractual basis. But in the Republic of Belarus this is also true only for private enterprises. Additional payments for part-time jobs for public sector employees are regulated by the government.

Assigning duties to a temporarily absent employee without consent

This measure is practiced in special conditions. These include catastrophes, accidents, natural disasters and other events that pose a threat to the population (part of it). In such a scenario, the person may be assigned another job for up to a month. Such a norm exists in the legislation of both the Russian Federation and Belarus.

Naturally, the personnel officer will still have to formalize all this with an order. The Labor Code of the Russian Federation allows translation without consent in other cases. These include, for example, downtime or liquidation of an accident. However, transferring an employee to a position with lower qualifications without written consent is prohibited. This should be taken into account in your work.

Easier replacement method

To ensure that the production process is not slowed down due to illness or vacation of a specialist, you can hire another person to take his place. Sometimes this method is more optimal than redistributing responsibilities. However, leaders are extremely reluctant to agree to it. It's all about finances. A newly hired employee will have to pay the entire salary, while for a full-time employee even half is enough. This results in serious savings in funds.

There is also such a nuance as an introduction to the matter. A new person is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down. Temporary assignment of duties can be carried out for a period of up to one year or until the main employee leaves. In case of transfer, the person retains his place of service. That is, when the main employee returns, his “deputy” should be given the same place.

An employee is sick or has gone on vacation, but work is urgent? Find out how to entrust it to another specialist without breaking the law or attracting the attention of the State Tax Inspectorate. A sample order with instructions for drawing up can be found in the article.

In the article:

A package of documents that will help you formalize the assignment of responsibilities:

When to issue an order to assign additional duties to an employee

Even a short-term absence of an employee holding a key position can be a serious test for the company. Fortunately, there are completely legal ways to solve this problem, provided for in Article 60.2 of the Labor Code of the Russian Federation: combining professions or positions, expanding service areas, or fulfilling the official duties of a temporarily absent colleague without exemption from the work stipulated by the employment contract.

If an employee is assigned to work in another profession or position, a combination is formalized; if in a similar position, the service area is expanded or the volume of work is increased. The duties of a temporarily absent colleague can be entrusted to the same position held by the employee, or to any other. At the same time, he is not released from his main labor function.

For example, a HR specialist can be temporarily assigned the responsibilities of both a HR officer who has gone on vacation and holding a similar position in the same department, as well as a clerk or secretary. But it’s important here it is important to obtain the consent of the employee himself for additional work. The employer does not have the right to expand the range of responsibilities unilaterally. Essentially, the employee does someone else's work along with his own, setting priorities differently and tightening his schedule a little.

Performing duties as a temporary replacement:

• requires additional payment;
• not reflected in the work book;
• does not go beyond the previously established standard working hours;
• always documented (written notice or application, order, additional agreement to the employment contract, etc.).

Cheat sheet: We arrange temporary additional work

★ If the volume of transferred responsibilities is so large that it makes combination difficult, or the absence of the employee who usually performed them may be very long, arrange an internal part-time job or temporary transfer. This option is often used when it is necessary to replace an employee who has gone on maternity leave or been sent on a long business trip of many months. An expert from Sistema Personnel will explain what Features of part-time work, in what cases it is prohibited by law and how long a part-time worker’s working day can last.

The job responsibilities of each employee are specified in the job description. The employer has no right to demand the performance of additional functions not provided for by either the job description or the employment contract without sufficient grounds. Therefore, the assignment of any tasks that go beyond the scope of the employee’s labor function is formalized by a separate order. But before issuing an order to assign the duties of a temporarily absent employee to his colleague, you should agree with him on the deadlines, volume and payment for additional work.

If an employee does not agree with the employer’s proposal, he cannot be forced to work both for himself and for “that guy”: the decision must be voluntary, made without coercion or threats. Moreover, even if an employee first agreed and took on additional work, and then for some reason changed his mind, he has the right to refuse to complete it, notifying management about this no later than three days in advance.

Memo from the experts of the magazine “Personnel Business”. We transfer the responsibilities of a temporarily absent employee

How to issue an order for temporary performance of duties: sample

The ideal situation, when the entire staff goes to work every day, is rare in real life. Therefore, every personnel officer should know how an order to perform the duties of a temporarily absent employee is drawn up and what is needed for this.

Step-by-step algorithm. We issue an order to perform the duties of a temporarily absent employee

Step 1: Make sure alignment is possible. If to perform additional duties an employee requires a medical record, license or other document confirming the level of qualifications, or possession of a special right, check its availability.

Step 2: Formally ask the employee to temporarily fill the duties of an absent colleague. Send a written proposal, drawn up in free form and supplemented with a field for the employee’s signature in case of his consent. The presence of a signature confirms that the decision to perform additional work was made voluntarily and in compliance with all formalities.

Step 3. Conclude an additional agreement to the employment contract. Indicate what specific functions the employee will perform, the period for performing additional duties and the amount of additional payment, and give him one certified copy of the agreement.

Step 4. Issue an order for temporary performance of duties: the sample is drawn up in free form, there is no unified form. The document must contain the details of the organization - name, tax identification number, checkpoint, legal address.

Below, under the name, number, place and date of execution of the order, briefly describe the reason for its issuance. For example, if this is an order for replacement during vacation, the sample may contain the wording “due to the temporary absence of the main employee.”

Sample order for temporary performance of duties

In the administrative part of the document, indicate:

• to whom the order applies;
• the position being filled or specific responsibilities assigned to the employee;
• the period during which he will carry them out (if it is not known in advance when it expires, you can simply write “until he returns to work”, indicating the surname and initials of the absent specialist);
• basis document (additional agreement to the employment contract);
• who is assigned the responsibilities (full name, personnel number, position held) and to what extent;
• amount of additional payment based on the order;
• who is entrusted with monitoring the execution of orders.

Other significant conditions are also prescribed here. Indicate that the functions of a temporarily absent colleague will be performed without release from work specified in the employment contract, and the standard working hours will remain the same. Then certify the document with the signature of the person responsible for its preparation and send it to the head of the organization for approval.

The order, certified by all the necessary signatures and seals, comes into force immediately or from the date specified in it. But in any case, the employee who is assigned additional work should be familiarized with it within three days.

Please note! You cannot fire an employee, threaten him with dismissal, or apply other disciplinary measures for refusing to sign an order. From the point of view of labor law, such a refusal does not have any negative consequences. And wrongful dismissal can be appealed in court, which in such situations, as a rule, takes the plaintiff’s side and reinstates him in his position.

★ If an employee is temporarily assigned the duties of the head of a company or a separate structural unit, in addition to the order, a power of attorney for the transfer of powers should be issued. Based on this document, the employee will have the right to sign important documents and certify them with the employer’s seal. Find out how to correctly draw up a power of attorney, who can replace the general director during vacation and where to prescribe the procedure for replacing him, from the HR System expert.

To ensure that the production process does not suffer, during the absence of a key specialist, assign his duties to another employee. But first, obtain preliminary consent, agree on the scope and nature of the work assigned, and enter into an additional agreement to the employment contract. If all formalities have been completed, issue an order and familiarize the employee with it against his signature within three days.

It is possible to assign additional responsibilities to the employee in the form of combination. This article discusses the features of using various options.

Now, when organizations are saving on personnel, many functions that were hired by a new employee before the crisis are distributed among the old ones.

When concluding an employment agreement (contract) in accordance with Art. 19 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), between the employer and the employee, the labor function of the employee is determined (work in one or more professions, specialties, positions, indicating qualifications in accordance with the employer’s staffing table, functional responsibilities, job description).

The range of functional duties that each employee must perform in his profession, specialty, qualification or position is determined by the Unified Tariff and Qualification Directory of Work and Professions of Workers, the Unified Qualification Directory of Employee Positions, job (work) instructions, regulations, technical rules, regulations.

In this case, the functional responsibilities of the employee relate to the essential terms of the employment agreement (contract). A complete listing of the employee’s functional responsibilities is, as a rule, set out in the job description (work) description, and the employment agreement (contract) provides a direct reference to these instructions.

When hiring, the employer is obliged to acquaint the employee with signature with the assigned work, conditions and remuneration and explain his rights and obligations (clause 2 of article 54 of the Labor Code). The employer does not have the right to require the employee to perform work not stipulated by the employment contract, except for cases provided for by legislative acts (Article 20 of the Labor Code).

The employer is obliged to organize the work of employees in such a way that everyone performs work in their specialty and qualifications in accordance with the position or profession defined in the concluded employment contract, during working hours. In the Labor Code there are 2 similar ways to assign additional responsibilities to an employee: internal part-time work and combination of professions (positions). Let's figure out which option is more suitable in your situation.

How does combination differ from internal combination?

Both combination of professions (positions) and internal part-time work means that in addition to the main one, the employee has some additional work in the organization. Moreover, it does not have to be related to the main position (for example, it is not forbidden to combine the work of a telephone operator and, for example, a courier). The difference between combination and part-time work is subtle, but fundamental for document flow. Combination means that an employee has additional responsibilities in addition to his main job in the organization.

The legislation establishes that combination is the performance by the same employer, along with one’s main job stipulated by an employment contract, of additional work in another profession (position) or the duties of a temporarily absent employee without release from his main job during the working day established by law ( work shift) (part one of Article 67 of the Labor Code).

IT IS IMPORTANT! When combining both work - both primary and additional - the employee performs during working hours. But internal part-time work assumes that the employee, having completed the main job, begins additional work. Thus, he performs part-time work in his free time from his main job. At the same time, he occupies the corresponding vacancy part-time.

The legislation establishes that part-time job - this is the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract (part one of Article 343 of the Labor Code). The length of working time established by the employer for part-time workers cannot exceed half of the normal working time established by Art. 111-114 TK (Article 345 TK).

In accordance with the provisions of Art. 346 of the Labor Code, remuneration for part-time workers is made in proportion to the time worked. When standard tasks are established for part-time workers with time-based wages, payment is made based on the final results for the amount of work actually completed. Work performed by part-time workers for the same employer while performing another function, as well as for another employer in excess of the main work time, is not recognized as overtime (clause 3 of part two of Article 119 of the Labor Code).

It is clear that at what time the employee is engaged in the main work and at what additional time, most often it is not tracked in any way, and this is impossible. Therefore, as a rule, you can arrange both an internal part-time job and a combination of your choice. The exception is situations when it is obvious that it is more correct to use one or another option. For example, the courier is assigned the duties of a telephone operator specifically in the evening hours.

It is clear that in this case it is more correct to arrange an internal part-time job. But if you do not specify exactly what hours the courier also works as a telephone operator, you can arrange both a part-time job and a part-time job. Meanwhile, it is easier to arrange a combination: there will not be as many documents as with a part-time job, and the accountant will be able to avoid conflicts with inspectors, who often find fault with the calculation of individual payments to part-time workers.

In addition, if the organization no longer needs the employee to perform additional functions for a fee, it is much easier to terminate the agreement with him with a combination of jobs than with a part-time job.

Combination requires less documents than part-time

If the employee will combine responsibilities, there is no need to draw up a second employment contract, as with a part-time job. It is enough to conclude an additional agreement with the employee to the current employment contract. In the agreement The following conditions must be specified:

Additional duties and the period of time during which they must be performed;

Amount of additional payment for work;

Make a note that the employee agrees to combine 2 or more professions (positions).

When establishing an employee in accordance with Art. 32 and 67 of the Labor Code of Combination, it is necessary, in connection with justified production, organizational or economic reasons, to notify the employee in writing no later than 1 month in advance of a change in significant working conditions (establishment of combination).

If the employee agrees, issue an order (instruction) to establish the combination. If an employee refuses to continue working due to a change in significant working conditions, it is necessary to issue an order for his dismissal in accordance with clause 5 of Art. 35 of the Labor Code, make the final payment, make an entry in the work book and issue it to the employee on the day of dismissal.

Additionally, it should be noted that in order to assign additional responsibilities (additional functions) to an employee in another profession (position), there must be justified production, organizational or economic reasons. Otherwise, the dismissal of an employee due to refusal to continue work with changed significant working conditions under clause 5 of Art. 35 of the Labor Code may be regarded as illegal.

Important Terms

When assigning additional work to an employee or assigning additional functions in another profession (position), consider the following important conditions:

Additional work (additional functions) should not deteriorate the quality of the main work performed by the employee;

The assignment of additional work (assignment of additional functions) must be economically feasible;

Performing additional work (functional responsibilities) in the relevant profession (position) requires the employee to have the appropriate qualifications.

Thus, additional work (functional responsibilities) can only be assigned in writing and subject to the above conditions. Please note that when combining, it does not matter how many hours the employee needs to complete the additional work. But part-time work cannot take more than 4 hours a day, except for cases provided for by law (50% of the monthly norm).

When combined there are no such restrictions. This means that the amount of additional payment can be any - not necessarily half the salary.

The work is also simplified by the fact that the time that the employee spent on additional duties does not need to be reflected in the time sheet. In addition, an entry about part-time work in the employee’s work book is made at the request of the employee at the place of his main job (clause 6 of the Instructions on the procedure for maintaining work books of employees, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated 03/09/1998 No. 30).

The basis for the entry is a document confirming part-time work (an order from the employer, if the part-time job is established within one employer, or a copy of the order of another employer for whom the employee works part-time). The entry is made according to the general rules established by the said Instructions, with an additional indication that the employee is being hired on a part-time basis. In case of combination, additional information, as a rule, is not entered into the work book.

It is easier to remove additional responsibilities when combining them than when working part-time.

When combining, it is assumed that the employee performs additional work temporarily. The organization has the right to stop engaging an employee in additional work at any time; all you need to do is issue an order from the director. To terminate an employment contract for part-time work, you must follow other rules.

If management decides to hire a new employee, then the internal part-time employee should be warned about this. His consent is not needed in such a situation. But if there is no need for a part-time worker for other reasons (for example, due to a reduction in the amount of work), then the general rules apply. That is, it will be possible to terminate a part-time contract only for the reasons listed in the Labor Code (for example, by agreement of the parties).

Alexey Parkhimovich, leading labor economist

In the process of industrial relations, non-standard situations often arise that require work to be performed without complying with the parameters of working conditions and payment, approved by the internal labor documentation of the business entity. Assigning additional responsibilities to an employee is possible only after obtaining the employee’s consent and completing the appropriate documentation. It does not take into account whether the additional work qualifies as the main job or not.

Adding additional responsibilities to the main job

Legislative regulation

When assigning additional responsibilities to an employee, one should rely on current legislative norms and internal documentation of the enterprise.

The list of responsibilities of each employee is determined by the terms of the employment contract, the elements of which must be reflected in the job description. When preparing documentation, you should take into account the range of responsibilities regulated by a particular profession and the qualification requirements for it.

If there is a production need to perform work that is not taken into account by the internal regulatory documentation drawn up for a specific employee position, it is necessary to make appropriate changes to it. To do this, it is necessary to adjust the documentation regulating labor relations.

Legal norms

The Labor Code defines the rights of each employee of a business entity to work in accordance with the requirements of a formalized agreement with the employer. He is not authorized to assign additional duties to hired workers without obtaining their consent. To legally make changes to the documentation regulating changes in labor parameters, it is necessary to notify the employee in writing about the planned changes no later than 2 months before their implementation. Adjustments to duties can only be made after receiving the employee’s written consent after two months from the date of the event.

It is worth noting that if, when the list of works is changed, the employee’s functional responsibilities do not change, then the internal documentation of the enterprise can be changed without the consent of the employees. After the internal documentation has been completed and put into effect, employees must be familiarized with the list of obligations set out in the new edition.

When additional responsibilities are necessary

Non-standard production situations that require additional obligations to be imposed on employees may be due to the absence of an employee from the workplace, whose responsibilities are transferred to the shoulders of other persons. The reasons for the event may be illness, vacation or medical examination. If the solution to a production problem is within the competence of a specialist who has a specific qualification, a specialty for which is not included in the staffing table, then such obligations can be assigned to an employee who has the appropriate education and skills.

Dependence of labor parameters and remuneration on the applied method of assigning additional responsibilities

An increase in the volume of product output, as well as changes in production regulations, may require additional work not previously provided for by the business entity. New responsibilities may be assigned to an employee within the limits of his competence. It is important to correctly formalize additional responsibilities for the employee in order to eliminate later disputes regarding remuneration and incompetent performance of duties, which the employee may not be aware of.

An order to assign duties to an employee is drawn up when the enterprise needs to replace an employee who is temporarily absent for a good reason (i.e., while maintaining his job) with someone else.

Download a sample order on assignment of duties

The method of finding a temporary replacement depends on the period of absence of the employee (replacement during vacation, advanced training or illness, etc.), the nature and complexity of his work duties, and others.
Therefore, the employer can:

• find a replacement among your employees by temporarily transferring someone to the position of the absentee;
• add absentee duties to one of your employees without exemption from the main work activity;
• temporarily take the place of an absent new employee by concluding an appropriate agreement with him (for example, a contract agreement, or an agreement for the provision of services, etc.);

Rules for drawing up an order to assign duties

Before assigning additional responsibilities to an employee, it is necessary to obtain his consent. After this, an additional agreement is concluded, which specifies the terms and responsibilities for the new job.

Then an order is issued by which the employee (or a new employee) officially assumes the duties of the temporarily absent employee.
The order is drawn up on the organization’s letterhead and specifies:

• city ​​and date of compilation,
• Full name of the absent person and his/her replacement,
• position (responsibilities and powers) assigned to the replacement person,
• replacement dates,
• replacement fee,
• the employee’s agreement with the mentioned conditions (a link to this and his signature confirming that the employee has read the order)
• link to additional agreement,
• signature and seal of the head of the organization.

The order is registered in the relevant documents of the organization. One copy of it remains in the HR department, a copy is transferred to the accounting department for calculating payment.