Order for replacement during sick leave (sample). Sample order to replace a temporarily absent employee Order to replace a security guard for the vacation period

In every organization there are situations when it is necessary to replace a temporarily absent employee - vacation, illness, business trip. In this case, an order is issued to assign duties to another employee who will perform the work of a colleague during his absence.

How to apply

Very often, the duties of an absent employee are formalized according to the rules of Art. 60.2 Labor Code of the Russian Federation.

In this case:

• additional work is performed during working hours;
• drawn up by an additional agreement to the employment contract;
• additional payment is determined by agreement;
• no entry is made in the work book.

It is not legal to issue an order and demand that additional work be performed, especially without payment. In this case, both the deadline and the amount of additional work must be agreed upon with the employee. But the employee has the right to refuse early at any time, giving three days’ notice. The employer can also cancel the order. A mandatory requirement is the consent of the employee. The article provides a sample order on the assignment of duties, which also needs to be drawn up.

Sample order on assignment of duties

And since situations with the absence of one of the employees necessarily happen, the procedure for replacing duties in some cases can be immediately indicated in the job description. In this case, the employee will be immediately notified of the need to replace a specific employee, and the range of duties that will need to be performed in his absence can be determined in advance.

This option practically does not require additional administrative and organizational changes from the manager, because the employee performs someone else’s work along with his own, tightening the schedule and setting priorities. But depending on the employee’s workload, the volume of transferred responsibilities, the period of absence (for example, more than a year, if it is maternity leave), other options can be used - internal part-time work or temporary transfer.

Part-time or translation

Internal part-time work is regulated by the provisions of Chapter. 44 of the Labor Code of the Russian Federation and can also be issued in the case when an employee needs to perform other people’s duties in addition to his main job.

What are the features? It is necessary to conclude a separate employment contract, which will indicate all the conditions. And the work will be paid based on the position being filled in proportion to the time, volume or other conditions specified in the contract. The fundamental difference from the above option is that the work will be performed beyond the main time, but no more than 4 hours a day, that is, this option will be convenient if the functions can be clearly delineated, and the employee, having completed his main work, begins the work of the absent employee. However, the employer will need to keep records of working hours or other necessary indicators and, if the employee wishes, make an entry in the work book.

Temporary transfer regulated by Art. 72.2 of the Labor Code of the Russian Federation is the most drastic option in this situation. The employee will only perform the work of the absent employee, that is, this is possible in the case when the work of the absent employee cannot be combined with the main job, when the main work can be transferred to another employee, or the termination of this work will cause less damage to the employer than failure to perform the work of the absent employee . And in the event that the employee’s absence is obviously for a long period of time - a long business trip, parental leave and other reasons.

Such a transfer is formalized by an additional agreement to the employment contract, payment is made according to the salary due in the new position. At the same time, for early termination of a temporary transfer, an agreement of the parties is required; it cannot be canceled unilaterally.

Common to all cases of registration of replacement is the need for the employee’s consent, determination of the amount of work and the amount of remuneration for performing additional duties.

How to draw up an order for the appointment of an acting director? The head of an organization often travels: business trips take up a considerable part of his working time. In addition, like other employees of the organization, the general director has the right to annual paid leave and can take sick leave. An acting director is needed for these periods. A sample order prepared by our specialists will help the personnel officer save time on developing his own document.

Need replacement

Indeed, the head of an organization may be absent from his workplace for one reason or another. However, the director is a key figure in the company and in his absence someone must perform his duties. This is why we need an order for the acting director. Thus, it is necessary to arrange a replacement if the company’s charter does not stipulate that the functions of the general director of the organization are performed by several employees (clause 3 of Article 65.3 of the Civil Code of the Russian Federation).

In general, the responsibilities of the general director, which is quite logical, are assigned to his deputy. In this case, an order is issued regarding the acting director.

A similar procedure is followed if the head of the company does not have a deputy whose functionality includes temporarily performing the functions of a manager. In this case, the duties of the general director are delegated to any other employee of the company. They also do this by issuing an order on the appointment of an interim director (clause 1 of the Procedure, approved by clarification dated December 29, 1965 of the USSR State Committee for Labor No. 30 and the Secretariat of the All-Union Central Council of Trade Unions No. 39).

The issued order must indicate the specific responsibilities of the employee who has assumed the functions of a director, for example, the right to sign invoices (clause 6 of Article 169 of the Tax Code of the Russian Federation). All temporary functionality of an employee replacing a manager must be included in the order for the temporary appointment of an acting director.

Can't do without an order

It is important to understand that in any case it is necessary to issue an order to the acting general director. This should be done even if the job description of the replacement employee provides for the obligation to temporarily perform the duties of the head of the organization during his absence.

Moreover, an order for temporary replacement must be issued in each case of absence of a director requiring replacement. It will not be possible to issue one order that will be valid for, for example, a year.

In addition to the order, a power of attorney must be issued for the deputy. Its task is to confirm the authority of the deputy. Therefore, the head of the organization must sign the power of attorney (clause 4 of Article 185.1 of the Civil Code of the Russian Federation). The maximum validity period of such a power of attorney is 1 year from the date of issue (clause 1 of Article 186 of the Civil Code of the Russian Federation).

Let us add that for the performance of the duties of the general director, the employee replacing him is entitled to an additional payment (Article 151 of the Labor Code of the Russian Federation).

Especially for readers, our specialists have prepared an order for the appointment of an acting director: sample 2018, which can be downloaded for free on the website.

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Order on the appointment of an interim director

The formation of an order for the appointment of an acting director occurs in the case when the head of the organization, for some reason, is not able to be at his workplace for a certain period of time.

Reasons for drawing up an order

Each organization must have a manager who is appointed in accordance with the constituent documents of the company (including the charter) and is responsible for management activities.

But sometimes circumstances arise when the director needs to transfer his functions to another employee - and there are plenty of them in the daily practice of any enterprise. Most often this is:

• vacation (both planned and unscheduled);
• sick leave;
• business trip;
• There may also be some personal reasons.

To whom should the duties be delegated?

Each manager, of course, makes the decision on who to temporarily shift the responsibilities of the director on an individual basis. The main condition is that the selected employee has a certain level of education and work experience, and also enjoys the full trust of the management and administration of the company. This is due to the fact that from the moment the order on the appointment of an acting director is signed, all responsibility for the current activities of the enterprise passes to the employee in respect of whom the document was written.

It should be noted that either one of the company’s employees or a person, as they say, “from the outside,” can be appointed as an acting director.

In the second case, you first need to conclude an employment contract indicating the period of its validity, and only after that write an order on the transfer of powers.

Who writes the order

Since the order is always written on behalf of the director of the organization, the direct task of drafting it usually falls on the secretary, legal adviser or other employee close to the director. The main condition is that after formation the order must be certified by the director himself.

An order must be written every time a relatively long absence of a manager from the workplace is planned.

General information about the document

Today, there are no strict rules for drawing up administrative documents, so representatives of enterprises and organizations can write any such paper in any form, or, if the company has a developed order form, based on its sample.

When creating orders, it is important to comply with several conditions:

1. Each order must be justified in some way. The justification is always written at the beginning of the document, after the words “In connection with...” and indicates the real reason for the formation of the order. In this case, the justification may be the manager’s vacation, business trip, sick leave, etc.
2. The basis is also included in the order - i.e. a rule of law that gives the right to draw up this document.
3. The order can be written on a regular sheet of any convenient format (standard A4 is usually used) or on the organization’s letterhead (as a rule, in cases where such a requirement is specified in the company’s local regulations). It is possible to write an order by hand or type it on a computer - this does not matter in determining the legality of the document.
4. The document is drawn up in one copy, which is signed by the manager (or another employee authorized to act on his behalf), as well as all other persons mentioned in it.

Signatures must be “live” only; no facsimile (i.e. printed) autographs on the form are allowed.

It is necessary to put a stamp on an order only when the rule for using stamps to endorse papers is enshrined in the company’s accounting policy.

Sample order for the appointment of an acting director

In the header of the document it is written:

• its name (with a short indication of the meaning) and number;
• name of company;
• date and place of drawing up the order.

Then below comes the main part. Here you need:

• give justification, i.e. in connection with what circumstances it was necessary to formulate this order;
• say who exactly will act as director (position, last name, first name and patronymic of the employee);
• indicate the period and number of full calendar days during which this role is to be performed;
• enter the functions that the employee replacing the director will perform (including the right to sign documentation);
• write down his salary for this period (one important point must be taken into account here - if the director’s salary is higher than the salary of the acting director, the difference should be compensated);
• Finally, the person responsible for executing the order should be entered (this could be the director himself or any of his deputy, the head of the department).

Document storage

After the order is written and executed properly, and all interested parties are familiar with it, it must be transferred for storage to the secretary of the organization or another employee responsible for the safety of administrative documentation.

During the validity period, the order must be kept in a separate folder along with other similar documents, in a room where access to unauthorized people is limited.

After the expiration of the storage period, the document can be transferred to the archive and subsequently destroyed in the manner prescribed by law.

We write correctly in the documents: acting director

Instead of the head of the organization, his duties are temporarily performed by the acting director. How to write his position correctly in documents, for example, in contracts and acceptance certificates? This is the first time a personnel officer has encountered such a situation. I would like to formalize everything without errors, especially since the procedure adopted in the organization for placing the designation “ACTIVE” in front of a position inspires doubts in the HR specialist. In the article we will demonstrate a sample of how to write “acting director” in documents.

The boss is not there

In practice, a situation may arise when the head of an organization is absent from his workplace for one reason or another. Since the director is a key figure in the company, someone must perform his duties in his absence. To do this, an order is issued to the acting director. The replacement is formalized if the company's charter does not stipulate that the functions of the general director of the organization are performed by several employees (clause 3 of article 65.3 of the Civil Code of the Russian Federation).

In general, the responsibilities of the general director, which is quite logical, are assigned to his deputy. However, if the position of deputy director is not provided for on staff, then the duties of the manager can be delegated to any employee of the company. When transferring powers, the question arises of how to abbreviate “acting director.”

In addition to the order, you must issue a power of attorney for the acting director with the right to sign. This is explained as follows. A power of attorney for the acting director confirms the powers of the employee to whom the functions of the director have been transferred for contractors. That is, this document is intended to serve as proof that the deputy director can represent the interests of the company in relations with third parties. For example, signing contracts with counterparties. Therefore, you need to thoroughly understand the question of how to write “acting director”.

The procedure in which the temporary replacement of the head of the organization will take place can be provided for in the company’s statutory documents. For example, in the event of a long absence of a director, it is possible to provide an algorithm for appointing a new head of the company to the position (Clause 2, Article 12 of Federal Law No. 14-FZ dated 02/08/1998, Article 11 of Federal Law No. 208-FZ dated 12/26/1995).

We do not put an I.O, since the employee’s position does not change

So, how to abbreviate “acting director” in documents? It’s simple, you don’t need to put such a designation at all. This is explained as follows. Due to the fact that the employee is entrusted with the duties of a director, his position indicated in the staffing table does not change. Therefore, when concluding contracts, the replacement director employee indicates his position. There is no need to indicate any “I.O”, “Acting”, or “Acting” when signing the contract.

Thus, the popular question: how to write in documents if the acting director is a woman does not make sense.

The current legislation does not contain any restrictions on the temporary performance of the functions of the head of an organization by any suitable employee (clause 1 of the Procedure, approved by clarification dated December 29, 1965 of the USSR State Committee for Labor No. 30 and the Secretariat of the All-Union Central Council of Trade Unions No. 39). In this case, an order is issued regarding the acting director.

Especially for readers, our specialists have prepared an example of how to write “acting director” in documents in the header:

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Order on temporary performance of duties of a manager

The basis for drawing up an order for the temporary performance of duties of a manager

According to Art. 273 of the Labor Code of the Russian Federation, the head of an organization (general director, director, president, chairman, etc.) is an individual who, in accordance with the Labor Code of the Russian Federation and other regulations, constituent documents, local acts, manages this organization, including performs the functions of its sole executive body.

In the absence of the head of the organization at the workplace (for example: due to vacation, business trip, illness, internship, etc.), an employee must be appointed temporarily acting as the head of the organization. AND ABOUT. The head of the organization is responsible for the management of the entire organization.

When appointing a temporary acting manager, one should rely on the provisions of Art. 60.2 of the Labor Code of the Russian Federation, from which it follows that the manager needs:

• obtain the employee’s written consent;
• establish the amount of payment for temporary performance of additional work;
• establish the period during which the employee will perform duties, their content and scope.

Only the head of the organization or management bodies (for example: a general meeting of participants or shareholders, etc.) has the right to assign an employee to temporarily perform the duties of the head of the organization.

Grounds for appointing an employee as temporary performer will be the order.

Contents of the order on the temporary performance of duties of a director (manager)

The order on the temporary performance of duties of a director does not have a unified form and is drawn up arbitrarily.

The presented sample order, in addition to the main details, contains the following data:

• the reason for the director's absence from the workplace;
• period of absence;
• information about the director (full name, personnel number, position, structural unit);
• information about the employee who is responsible for temporarily acting as director (full name, personnel number, position, structural unit);
• term of temporary performance of duties of the director;
• amount of surcharge;
• and other data.

The order on the temporary performance of duties of the director is signed by the head of the organization.

WITH the order must be familiarized to the employee against signature— at the bottom of the order, the employee must sign and date the review.

The order on the temporary performance of duties of the director is registered in the journal for registering orders and instructions for personnel, and stored in the organization for 75 years.

Does the CEO have the right to appoint an interim CEO?

Situation. The general director of the company, going on vacation, signs an order appointing an interim general director. Based on the order of the general director, the acting director actually becomes the executive body of the organization for a certain period, signs contracts, orders, statements of claim and carries out other actions on behalf of the organization.

Question. Does the general director have the right to appoint an interim general director with the transfer of the powers of the executive body of the organization to him?

Considering this issue, we note that in accordance with paragraph 1 of Art. 53 of the Civil Code of the Russian Federation, the procedure for the formation and competence of the bodies of a legal entity are determined by law and the constituent document of the organization. It follows from this that the management body that is authorized to do so by law and the constituent document of the organization has the right to appoint an acting sole executive body.

Thus, if the law and the constituent document of the organization do not provide for the procedure for appointing an acting general director, then the person acting as such performs the functions of a manager unlawfully and all legally significant actions carried out by the acting director cannot be regarded as performed on behalf of the organization.

Currently, the current legislation does not provide for the procedure for appointing an interim general director.

To resolve this issue in a situation of legislative uncertainty, let us turn to judicial practice. There are two positions of courts.

Position 1. A person performing the functions of the sole executive body of a company does not have the right to appoint a temporary acting body.

Ruling of the Supreme Arbitration Court of the Russian Federation dated July 28, 2011 No. VAS-9232/11 in case No. A40-163238/09-125-802 on the refusal to transfer the case to the Presidium of the Supreme Arbitration Court of the Russian Federation

“...The Court of Appeal stated that the contested order to Veselov A.Yu. all the powers of the general director provided for in Article 40 of the Federal Law “On Limited Liability Companies” were presented, and he began, in fact, to exercise the powers of the sole executive body.

In satisfying the claim, the courts of appeal and cassation proceeded from the fact that the contested decision, formalized by order dated 03/05/2008, was made by A.Yu. Veselov. in the absence of such powers, in violation of the norms of the Federal Law “On Limited Liability Companies”, according to which a decision on this issue must be made by the general meeting of the company’s participants...”

Determination of the Leningrad Regional Court dated October 29, 2014 No. 33-5130/2014

“...The presence of the general director of the company on vacation provides for the appointment of an interim general director of the company for the corresponding period.

The acting general director of the company for the relevant period was not appointed by the general meeting of the company's participants.

By virtue of the provisions of Art. Art. 33, 40 of the Federal Law “On Limited Liability Companies”, the decision on the appointment of an acting general director of the company falls exclusively within the competence of the general meeting of the company’s participants.

A person acting as the general director of a company does not have the right to appoint an acting general director of the company, as well as issue an order for the provision of leave in relation to himself, without its approval by the company's participants and without the general meeting of the company's participants making a decision on the appointment of an acting general director for the corresponding period. general director of the company..."

Resolution of the Ninth Arbitration Court of Appeal dated January 20, 2011 No. 09AP-31253/2010-GK in case No. A40-163238/09-125-802 (Resolution of the Federal Antimonopoly Service of the Moscow District dated April 13, 2011 No. KG-A40/2428-11-P this resolution left unchanged)

«… The Court of Appeal comes to the conclusion that the appointment of an executive body by issuing an order by another executive body actually deprives participants of the opportunity to exercise their rights to manage the company.

Considering the above, the court of appeal considers the plaintiff’s demands to be legitimate, and in accordance with Art. 53 Civil Code of the Russian Federation, art. Art. 33, 40 of the Federal Law “On Limited Liability Companies” recognizes the order dated 03/05/2008 on the appointment of A.Yu. Veselov. temporary acting head of LLC "Trading and Research Company "Interoptika" is invalid..."

Position 2. The person performing the functions of the sole executive body of the company has the right to appoint a temporary acting body.

Resolution of the Arbitration Court of the Ural District dated November 26, 2014 No. F09-7730/14 in case No. A76-5959/2013

“...The procedure for appointing an interim director of a company is not defined by law. At the same time, the director of the company, by virtue of clause 3 of Art. 40 of the Federal Law “On Limited Liability Companies” has the right to appoint employees to positions and empower them to represent the interests of society.

Since the executive body of a legal entity, acting within the powers granted to it, has, by administrative order, temporarily assigned the performance of its duties to another official, this order is a sufficient basis for transferring to the person specified in it the powers of the sole executive body, including the right to conclude an agreement, which does not contrary to the law and the charter of the company.

In this regard, the courts came to the conclusion that there was no reason to believe that the supply agreement dated May 18, 2011 No. 040/2011 was signed by an unauthorized person...”

Resolution of the Arbitration Court of the West Siberian District dated June 25, 2015 No. F04-20941/2015 in case No. A45-15825/2014

“...the applicant’s reference to the lack of approval of the transaction by the general meeting of founders is rejected, since the executive body of the company, acting within the powers granted to it by the charter, by administrative order temporarily assigned the performance of its duties to another official; this order is a sufficient basis for the transfer to the person specified in it person has the powers of a sole executive body, including the right to conclude a disputed agreement, which does not contradict the charter of the company and the law...”

To summarize, I would like to note the following.

From the above practice it follows that courts have different views on resolving the issue. Thus, a person performing the functions of the sole executive body of a company, when appointing an acting body, bears the risk of having the order to appoint an acting body invalid.

The legislation provides for three ways to perform additional functions:

1. Combination of work.
2. Its increase.
3. Performing functions at the workplace of a temporarily absent employee.

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All these functions are performed together with the main work activity, inseparably with it at a certain time of work. If they go beyond the working day, we are talking about internal part-time work.

Which option to choose is decided by the employer in each specific case:

1. When combining positions, an employee performs additional work in another position. An employee cannot work in two identical positions at the same time. As a rule, this happens when there is a vacant staff position. That is, the secretary simultaneously works for a personnel employee before hiring a person for the specified position. At the same time, the person retains the right to refuse the assigned functions before the deadline. To do this, he warns the employer three days in advance.
2. With an increased volume of work, the employee performs additional work in his main profession, but in excess of its quantity. For example, an employment contract was concluded with a cleaner to clean eighty square meters of premises. With the increase, she was assigned an additional twenty meters. In this case, one should take into account whether a person can really cope with the increased load.
3. When the duties of an absent employee are performed by another person, the latter performs additional work functions in his own profession or in another. The former employee is registered with the institution, but for various reasons is temporarily unable to work. That is, filling a vacant position is impossible. For example, an engineer takes over the functions of a warehouse manager during his illness. If the position being filled is financially responsible, then for the period of replacement the employee must sign an agreement on financial responsibility.

Necessary documents for registration of temporary performance of duties

In the event of a long-term absence of the main employee, the rule for concluding a fixed-term employment contract is applied, which specifically stipulates the conditions of work until the departure of the main employee.

If a full-time employee is hired for the required position, then an order is issued about this, which the specified person must familiarize himself with, thereby giving his consent to this. Or the consent is attached on a separate sheet. When transferring for a period of less than one month, consent is not required.

The same applies when assigning additional responsibilities to an employee. In this case, the order indicates information about the absent employee, his position and the amount of additional payment for replacement.

Written consent of the employee to perform duties

The above work duties can be assigned to an employee only after receiving his consent in writing. This may be a statement or proposal for a combination sent by the manager.

A statement of consent is a document confirming a person’s consent to perform the official duties of an absent employee. Consent may be given for a period of no more than one calendar month. If the replacement is expected to take longer than a month, then the period is specially stipulated. It can be extended up to one year.

Additional agreement to the employment contract

When the employee’s consent to temporarily perform duties is received, this is formalized in an additional agreement to the employment contract. It must necessarily contain an indication of the position for additional work, its content and volume. Also, how much additional payment will be made, the time required to complete the work.

If an employee has to combine a vacant position, then the agreement can indicate that the combination will take place until the vacancy is filled. If the time at which the main employee returns to work cannot be determined, then it is indicated “before the absent employee returns.”

The additional agreement is a mandatory document when filling positions. In its absence, the employer may be held administratively liable.

Order on temporary performance of additional duties

After an additional agreement on temporary performance of duties has been concluded with the employee, it is necessary to issue an order about this. The departmental normative act specifies the range and duration of duties and payment. The employee must be familiar with this order and sign for it.

The text of the order should be approximately as follows. After the details of the organization, the number and date of the order, it is indicated “Due to going on vacation, assign temporary performance of the duties of the secretary to the inspector of the personnel department from the first of May. Make an additional payment of forty percent of the salary.”

Surcharge

The legislation does not clearly establish the maximum, or vice versa, amount of additional payment for the performance of the duties of an absent employee. This is set differently at each enterprise. But such functions must be paid for.

The specific amounts of the surcharge are determined in an additional agreement concluded between the employee and the employer. They are mostly determined by the volume of future work duties, the timing of their implementation, and content. At the same time, the employer pays equally for work of equal value. Also, the procedure for additional payment is not defined by law. This may be expressed in a specific monetary amount. Or they can be paid as a percentage of the employee’s salary or salary.

If the employment contract initially provides for the opportunity or obligation of the employee to combine any position, then such activity is not additionally paid. Since it is believed that these are just work duties.

Thus, if an employee of an organization goes on vacation, gets sick, or goes on a business trip, then his colleague takes over the functions of the departed person for additional pay. Such actions must be properly formalized in the form of an additional agreement signed by both parties and an order issued at the enterprise.

Without the specified documents, additional payment to the employee performing the duties of the absentee will not be made. Also, substitution is not possible indefinitely. It has its own period, and not a very long one. After all, this is a big burden on the employee. That is, when taking on additional responsibilities, each employee wants to see them adequately paid.

No organization is immune from the fact that its employees may become ill and lose their ability to work for a long time. In such a situation, the employer will have to ensure that the work process does not stop during this time. One of the best options would be to replace a temporarily absent employee during illness with another employee. At the same time, do not forget about the correct documentation of such a replacement.

What can an employer do if one of the employees goes on sick leave?

• Temporarily transfer his colleague to this position (based on Article 72.2 of the Labor Code of the Russian Federation). In this case, it is necessary to draw up an additional agreement to the contract and an order for replacement during sick leave, a sample of which will be presented below.
• To additionally assign the functions of the absent employee to his colleague, having drawn up an additional agreement to the employment contract and an order to combine positions (based on Article 60.2 of the Labor Code of the Russian Federation).
• Hire a new person during the absence of the main employee.

Combination will be effective only if the amount of work is relatively small. Otherwise, substitution will be the best alternative.

The concept of substitution

Replacement of a position is the transfer of a company employee to another position by issuing an appropriate order. The translation can be carried out both on a temporary and permanent basis. The replacement employee will be indicated in the documents as an EO or an ACT. Substitution may be needed in the following cases: if the main employee is on sick leave, on vacation, on maternity leave, retired or was fired.

The replacement mechanism is regulated by Art. 72.2 Labor Code of the Russian Federation. During the transfer, the functional responsibilities of the substitute change. The employee only performs the duties of his colleague in full; his salary is calculated in accordance with the work performed, but as a rule, not lower than his basic average earnings. Entries about the period of replacement are not made in the work book; it is enough to draw up an additional agreement to the employment contract.

The employer has no right to force hired personnel to fill other positions against his will. This is possible only with the consent of the employee, and in case of refusal he does not bear any responsibility. The exception is situations when the replacement of a temporarily absent employee is due to emergency circumstances (Parts 2, 3, Article 72.2 of the Labor Code of the Russian Federation). It is unacceptable to transfer a person to a new position if he has contraindications for health reasons.

The Labor Code of the Russian Federation establishes the duration of the maximum replacement period - 1 year, and when replacing an ill employee or one on vacation - until he returns to work. The specific period is set by the head of the organization in agreement with the replacement person.

Registration of replacement during sick leave

Temporary filling of a vacant position occurs in several stages:

• The head of the company identifies a potential deputy and receives written consent from him.
• The parties draw up an additional agreement to the employment contract. The document indicates the terms, amount of payment, position, and amount of work performed. If the exact date of departure of the sick employee is not known, indicate that the replacement is carried out until the main employee returns from sick leave.
• A replacement order is issued on behalf of the manager. The employee who agreed to the replacement must familiarize himself with it against signature.

Is there an additional payment for replacement?

For persons who have taken over the performance of someone else’s official duties, the relevant question is whether they are entitled to additional payment for replacing a temporarily absent employee. Here it is necessary to distinguish between additional payment when combining and remuneration when filling another position.

Remuneration for combined work is regulated by Art. 151 of the Labor Code of the Russian Federation: the employee is paid additionally because the volume of his work increases - during working hours he performs his own volume of work and work for an absent colleague. The amount of the additional payment is established by agreement of the parties in the additional agreement to the employment contract. The amount of the surcharge can be any, since this point is not regulated by law.

When replacing, the employee leaves his duties in the main position and performs work only for the absent employee. In this case, additional payment is possible if the new job is more complex or involves a greater volume of responsibilities than the main job of the replacement. In any case, the payment procedure is fixed in the additional replacement agreement attached to the employment contract.

Order for replacement during sick leave

Organizations have the right to draw up this document according to an independently developed sample or according to the unified T-5 form, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1.

An order to replace a temporarily absent employee, a sample of which can be taken as a basis, must contain the following information:

• name of the legal entity;
• date of compilation;
• FULL NAME. a person who is transferred to a new position;
• information about the previous position and the one being replaced;
• reason for transfer;
• amount of payment;
• a link to the document that became the basis for the translation;
• the date on which the replacement takes effect;
• replacement end date (or other indication);
• signature of the head of the company;
• signature of the employee taking up the new position confirming familiarization.

This information must be reflected in the order without fail. Other information is recorded if necessary. The person in respect of whom it was drawn up must familiarize himself with the order.

The preparation of the order is preceded by the writing of a memo to replace the employee with the head of the structural unit where the absent employee works. The memo is submitted to the head of the organization for consideration. An employee who agrees to replace an absent person confirms his consent in writing and also submits it to the manager. Only after this is a corresponding order issued.

Order for replacement during vacation

An order for replacement during vacation, the sample of which is similar to an order for replacement of a sick employee, is issued in connection with the departure of the main employee on vacation. This order relates to internal local acts; a special form for it is not established by law. The text of the document must indicate:

• organization details;
• for what reason there was a need for replacement;
• data of employees: those who went on vacation and those replacing them;
• replacement timing;
• list of labor functions to be performed;
• name and number of the document that became the basis for drawing up the order.

In all organizations, situations sometimes arise when it is necessary to temporarily replace one of the employees. To carry out this procedure according to the established rules, there is a certain developed algorithm of actions, the beginning of which is given by the order to replace the absent employee.

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Reasons for substitution

A variety of circumstances may serve as a reason for replacing any of the personnel. The most common:

• one of the employees going on sick leave;
• going on maternity or planned regular leave;
• going on a business trip, etc.

It should be noted that in such cases a temporary deputy is not always appointed.

This is usually required when the absence lasts more than three working days or when the employee’s duties are so significant that without them the normal day-to-day activities of the company are impossible.

Who can be appointed

In order to start the process of replacing a temporarily absent employee, you must first select the right candidate for a replacement.

This must be a person with sufficient qualifications, education and experience.

He can work in any position within the company (in this case, you will also need to obtain his written consent) or hired “from the outside” on a part-time basis.

In some situations, to replace a valuable “personnel” who has been absent for a long time, a new specialist is hired - then a separate fixed-term employment contract must be concluded with him, indicating a specific limited period of validity.

Substitution procedure

After a temporary replacement is found, management issues an order indicating the need for replacement, as well as the conditions under which it will occur.

Then an additional agreement to the current employment contract (if it is one of the company’s specialists) or an employment contract is concluded with the employee, and after that the person can begin his new functions.

Who creates the order

Company directors are almost never personally involved in the creation of administrative documentation. Most often, this is done by heads of structural units, legal advisers or secretaries - depending on what kind of order needs to be prepared.

An order to replace a temporarily absent employee is usually written at the initiative of the personnel department and is drawn up either in the department itself or by the secretary.

What to take as a basis for an order

All developed orders must be based on something. In particular, each such order must have a documentary basis and justification.

The basis may be either an article of law directly related to the essence of the order, or an internal document of the company (for example, some act, Accounting Policy Regulations, an official or memorandum). With justification, everything is simpler - this is the real reason for which the order is issued.

Who must sign an order to replace a temporarily absent employee

The order refers to those documents that always come from the top management of the enterprise.

Therefore, this document must be signed either by the director of the organization personally or by an employee who temporarily performs his duties. Also, all persons in respect of whom it was issued and those responsible for its execution must sign the order.

Thus, all the above-mentioned employees will testify that they are familiar with the order and are ready to carry it out.

Making an order

This order can be written in free form - its unified form is not established by law (with the exception of government institutions - they have their own standards for all administrative acts).

However, some business managers develop their own order template - if the company has one, it is necessary to focus on it when drawing up orders.

Document Format

Like the execution of an order, its format is arbitrary - this means that it can be done in printed form or in handwritten form, this does not matter to determine the legal status of the document. Only one nuance needs to be taken into account - the electronic form must be printed out so that the director and all interested employees can sign on it.

As for the seal, it is not required (unless the management requires it).

Registration of an order

All administrative forms, prepared and signed, should be registered in a special accounting document - a journal, which is usually kept by the secretary or other employee responsible for recording management orders. It is enough to enter the name of the order, the date of its preparation and number in the journal.

How to store

The issued order must be preserved for a certain period of time - it is determined either by current legislation or internal regulations.

After the storage period has passed, the form can be transferred to the archive or disposed of (in compliance with the procedure also prescribed by law).

Sample order for replacing a temporarily absent employee

If you are tasked with creating an order to replace a temporarily absent employee, look at the example below - on its basis you can easily issue the order you need.

At the beginning of the document, indicate:

• Company name;
• name of the order;
• its number, place and date of compilation.

Then, below, give the basis and rationale for its formation. Next, after the word “I order”, write:

• position and full name of the employee who is assigned replacement responsibilities;
• the period during which these functions must be performed;
• conditions for replacement (the list of responsibilities and conditions can be specified in a separate appendix);
• the employee responsible for implementing this order.

If necessary, supplement the order with all other necessary information that is relevant in your case.

At the end, collect signatures from all interested parties.