Who has the right to replace the teacher. Order on the replacement of a teacher's watch. When you do not need to make an order for substitution

At each enterprise, such a trouble happens when the responsible employee fell ill and requires it replacement for hospital. Tell how to act.

Options

When an employee is discovered by a disability sheet, and the whole or part of the production process may be able to get up, it is advisable to find a replacement. Based on the provisions of the Labor Code, the design can go on two ways:

1. substitution (time translation);
2. combining another employee of the work.

We replace employees

In this case, a person who will replace temporarily absent is completely deliberately in his duties on a new position instead of a pleasant colleague. And the salary will be issued for this temporary area of \u200b\u200bwork.

Keep in mind: To replace the temporarily ill specialist is the right, and by no means the duty of the colleague. It all depends on his will, no one can force. As a rule, this is drawn up to the employment contract. And the labor book remains unchanged.

Register order

Note that the company itself can make a standard for itself sample order for replacement for the time of hospital. At the same time, it is possible to apply the form approved by the state - T-5 or T-5A.

Download the order form in the form T-5 on our site you can.

So the example looks like sample order for replacement for hospital:

Keep in mind: It is possible to make such an order will not need. To do this, look into the main labor agreement with the employee. There may be directly spelled out such a condition that he goes to replace if his colleague takes hospital (or for other reasons). As a rule, such a mechanism acts against persons who, in the title of position, there is a word "substituent". The order on them is usually. Do not form. It all goes without saying.

Read also It is impossible to cut the employee due to renaming position

Two more documents can be preceded by registration of the order for replacement: service note for replacement for the time of hospital and / or application for replacement for the time of hospital. The specified note on the name of the highest bosses should come from the head / curator of the unit, whose task is to urgently find the substitution of a sick specialist.

The mandatory form of these two internal documents by law is not regulated, so you can trust the business practices adopted in the company.

Combining instead of substitution

As mentioned above, the second way is to find a partner to this position from the company's employees closest to the absence of a missing colleague.

In combination, a person is not freed from his main work and becomes a kind of multi-axle. For this to the main earnings, it is added additive. Its magnitude is prescribed in a separate agreement.

Registration is almost similar to replacement: make a separate addition. And on the content of the workbook it does not affect.

The disposal of combination at the time of the hospital may look like this:

— <Письмо> The Ministry of Education and Science of the Russian Federation of August 15, 2011 No. 03-515 / 59 "Explanations for the application of the procedure for certification of pedagogical workers of state and municipal educational institutions" In order to address issues related to the replacement and payment of lessons of missing teachers, the following options can be used.
The lessons of temporarily absent teachers, as a rule, should be replaced by teachers of the same specialty, which for an additional number of hours of classes on the same subject should be made hourly payment.
In exceptional cases, when this replacement is impossible, there may be a replacement of missing teachers teachers who teach other items that, in temporarily free hours, can pass the program in their subject a little forward, so that the absence of the missing teacher can come into account on the subject of a replaced teacher The program is already on your subject.
According to the established practice, the remuneration of teachers in such a substitution will be as follows.
The teacher, who replaced the missing teacher and conducted classes in his subject, an additional fee during this period does not receive, because when he transmits the teacher to the teacher who returned his studies, the wage established during the tarifications will be saved.
The absent teacher, who, upon return, will hold training classes on its schedule and on the schedule of a teacher who replaced it during the absence period, in addition to wages, established when tarificizing, the hourly payment should be made for occupation hours, data excess of its training load installed when tarificizing .
Such a substitution procedure allows you to fill the missing program, not allowing learning overloads.
However, I especially pay attention to the way that the hourly remuneration of teachers, teachers and other educational institutions is applied when paying for hours, made in replacement by the absentia or other reasons for teachers, teachers and other pedagogical workers continued by not over two months.
Labor payment for replacing the missing teacher if it was carried out over two months, It is made from the date of the beginning of replacement for all the hours of actual teaching work on the general basis with an appropriate increase in its weekly (monthly) learning load by making changes to tariffing. (Foundation: sectoral agreement on organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation, for 2012-2014).

Employee disease is an ordinary phenomenon. So that the absence of an employee did not affect the normal course of the manufacturing process, his duties are temporarily assigned to another person. How to make a replacement for the time of the hospital and make payment, is described below.

Replacement for the time of the hospital: employee replacement options

An employee receives a leaflet of temporary disability:

• picked up a disease that can last several days or weeks;
• on pregnancy and childbirth;
• due to the need to care for a sick child or parents.

After the hospital, the hospital employee has the full right to return to his workplace, which is preserved.

While it is absent, the head decides on who will perform the work of the disease. The provisions of the TC provide for the design to choose from:

1. Replacement.
2. Combining work by another employee.

To replace the sick employee can:

• other officials of the same enterprise. At the same time, they continue to perform their main work;
• colleagues who were temporarily transferred to the workplace of the diseased;
• persons additionally taken to work. With them, the head concludes an urgent labor agreement.

Important! The colleague is not obliged to replace the diseased. If he does not agree to perform such functions, it does not bear any consequences. Exception - the replacement is written in its job description.

Registration of replacement for the time of the hospital: Step-by-step instructions

Important is the correct decisive design. It consists of several steps (stages):

Application of an employee about the consent to replace the sick colleague

The Labor Code provides that it is possible only with the parties to translate employees to another job.

The work of colleagues is simultaneously with its, not limited in time.

Whatever no replacement, an employee who receives a temporarily new workplace or additional work, writes a statement confirming its consent.

Registration of the order for replacement for the time of illness

When all the nuances are already saturated with an employee, and an additional agreement on the replacement of the colleague is signed, the head is an order in which:

• The name of a temporarily absent employee, his position and the reason, due to which substitution is carried out (illness);
• FULL NAME, Deputy employee, his position;
• date when replacement begins;
• the number of the end of this period or some other instructions;
• payment amount for replacement;
• the reference to the documents that became the basis for the publication of the order (the statement of the employee, suppression).

To prepare an order, you can use a typical form.

Features of replacement for the time of hospital for pregnancy and childbirth

Hospital for pregnancy and childbirth in most cases assumes that the employee after the baby appears for a few more months, and even years, will not return to its place of work. Therefore, without a new employee can not do.

The head of the enterprise can:

1. Translate to her post colleague by issuing a temporary substitution.
2. Accept a new employee, while there is no main, issuing an urgent labor agreement.
3. Make an internal combination by placing the execution of decontripties on a colleague.

The first two options are most acceptable, although the partification is effective if the scope of work is not so great.

In an urgent work agreement should clearly indicate the conditions regarding the deadline for its end and the moment of termination. This will protect the manager from problems that may arise when the employee is released from the hospital. If she won't take care of the child's care, it turns out that one workplace should be pretended at once.

Important! In a contract with a replacing employee, you need to register information about the period like this: for the period of absence of an employee in connection with hospital on pregnancy and childbirth, as well as leave for child care.

Substitution for the time of hospital care for children or adult relatives

The company's employee has the right to receive a sheet of temporary disability when a child is sick or another family member.

Sick children can be on an outpatient or inpatient treatment. The total number of days of temporary disability should not exceed 30.

During the supervision of an adult member of the family, which is on home treatment, the hospital sheet is issued to an employee for seven days.

Such an right to use employees who have:

• elderly relatives;
• family members with disabilities;
• seriously sick parents.

Features of registration of replacement of the Chief Accountant and the Head

The head of the enterprise and the chief accountant are serious, since they mean full responsibility for the activities of the company and maintain financial and accounting work.

The head replaces his deputy. And this is his direct responsibility, most often fixed in the job description.

The chief accountant replaces the senior accountant or other financial worker of the enterprise.

The order is not issued if in the work agreement the moment of substitution is provided. This document may have an item that the employee replaces the head (chief accountant), if it is absent, including because of the disease.

The magnitude of the surcharge for filling leaders is not regulated in TC. In practice, when performing his duties or functions of the Chief Accountant, the order for substitution indicates the amount of surcharge, which corresponds to the difference in the salary.

When other employees are assigned to perform functions behind these positions, then it is necessary to place:

• office note for replacement for a period of a hospital or application;
• order for substitution.

The form of the latter is similar to the one that is mentioned above.

To replace the chronicle, it is necessary:

1. Prepare a power of attorney employee who certifies its powers to act on behalf of the chief of chubuch in relation to other persons and instances.
2. Documents confirming the right of signature in the bank.

The latter is necessary in the case when the visas of the head on the cash documents are not enough.

Important! In the order for temporary replacement of the chief, the clause is necessarily a clause on the endowment of the replacement employee to sign financial documents.

Combining and replacing a sick colleague

In the form of a replacement, a temporary transfer is made to the post of a sick employee or alignment.

When combined, an employee in parallel with its main work should carry out the functions of the missing colleague. For this, he is charged. Its size is determined as a percentage of earning the rooting and fixed in a separate agreement.

Combination is issued by order. An employee who is entrusted with the responsibilities of the ill, should familiarize himself with it. Most likely, it should be written under the text "I do not object to the combination of posts."

The table briefly presents the essence of substitution and alignment:

Shavrina Irina Vladimirovna,
Deputy Director for Educational Work,
primary school teacher,
MBOU NOSH No. 2, Yuzhno-Sakhalinsk,
Sakhalin Oblast

Does the teacher obliged at the request of the School's director to replace the colleague absent person?

Many teachers face such a problem as a replacement replacement instead of a sick teacher. And on this occasion, there are a lot of labor disputes, as a result of which the teacher comes against their consent to replace, and some attempts to resolve this dispute lead to pre-trial and legal proceedings. So here in the TK RF Art. 24 KZOTS RF prohibits to require an employee of the fulfillment of work, not caused by the employment contract. In addition, paragraph 56 of the Model Regulations on the general education institution approved by Decree of the Government of the Russian Federation of August 31, 1994, it provides that the administration may change the volume of training load (its standard is 18 o'clock per week) only with the written consent of pedagogical workers. The change in the established volume of training load is allowed only by agreement of the parties to the employment contract, except for cases of reduction related to the reduction in the number of classes or the number of hours on the curriculum.
Increased teacher training load, including in connection with the substitution of a temporarily absent employee, according to Part 1 of Art. 72.2 Of the Labor Code of the Russian Federation of December 30, 2001 No. 197-ФЗ (hereinafter referred to as the TK RF) is actually a temporary transfer to the work of the same employer who is not affected by the employment contract. Such a translation requires obtaining the consent of the employee and is issued by a written agreement of the parties to the employment contract.
Earlier in the Labor Code of the Russian Federation operated the situation in accordance with which the employer was eligible without the consent of the employee for the period up to one month "for the production need to" attract an employee to replace the temporarily absent employee. Currently, this right is limited only by cases caused by emergency circumstances, an exhaustive list of which (a catastrophe of a natural or man-made character, fire, flooding, earthquake, epidemic, etc.) is listed in part 2 of Art. 72.2 TK RF.
/ Article 72.2. Temporary transfer to another job
By agreement of the parties concluded in writing, the employee may be temporarily transferred to another work at the same employer for up to one year, and in the case when such a translation is carried out for replacing the temporarily absent employee, which in accordance with the law is maintained. - Before the release of this employee to work. If, at the end of the translation date, the employee is not provided, and he did not require it to provide and continues to work, the condition of the agreement on the temporary nature of translation loses strength and translation is considered constant.
In the case of a catastrophe of a natural or technogenic nature, a production accident, an accident at production, fire, flooding, hunger, earthquake, epidemic or epizooty and in any exceptional cases that threaten the life or normal life conditions of the entire population or its part, the employee may be Translated without its consent for a period of one month to the work of the same employer not caused by the employment contract to prevent these cases or eliminate their consequences.
Employee's transfer without its consent for a period of up to one month to the work of the same employer is also allowed in cases of downtime (temporary suspension of work for the reasons for economic, technological, technical or organizational nature), the need to prevent the destruction or damage to the property or subtraction There is a missing employee, if the simple or need to prevent the destruction or damage to the property or the substitution of the temporarily absent employee is caused by the extraordinary circumstances specified in the part of this article. In this case, the translation to work that requires lower qualifications is allowed only with the written consent of the employee.
When translates carried out in cases provided by the units of the second and third of this article, the employee's payment is made at the work performed, but not lower than the average earnings for the same work.
Thus, the teacher is not obliged at the request of the School's director to replace the colleague absent disease. If he agreed, the substitution should be carried out in accordance with the procedure and conditions established by Art. 60.2.
/ Article 60.2. Combining professions (posts). Expansion of service zones, increase in work. Performance of the responsibilities of the temporarily absent employee without liberation from work defined by the employment contract
With the written consent of the employee, he may be entrusted with fulfillment during the established duration of the working day (shift) along with the work defined by the employment contract, additional work on another or the same profession (position) for an additional charge (Article 151 of this Code). Additional work charged by the employee for another profession (positions) can be carried out by combining professions (posts). Additional work assigned to the employee for the same profession (positions) can be carried out by expanding the service zones, an increase in the scope of work. To fulfill the duties of a temporarily absent employee without liberation from work defined by the employment contract, an additional work may be charged both on the other and at the same profession (position).
The term during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The worker has the right to abandon the fulfillment of additional work, and the employer - ahead of schedule to cancel the instruction on its implementation, warning about it the other party in writing no later than three working days /, and 151 of the Labor Code of the Russian Federation
/ Article 151. Wage of Labor When combining professions (posts), expanding areas of service, an increase in the amount of work or the performance of the duties of a temporarily absent employee without liberation from work defined by the employment contract
When combining professions (posts), expanding service areas, an increase in the amount of work or the performance of the duties of a temporarily absent employee without liberation from work, a certain employment contract, an employee is completed.
The amount of surcharge is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code) /, as well as taking into account the peculiarities of the working time of pedagogical workers and the peculiarities of their labor.
However, such problems are unknown to employers from other industries. His worker got sick, should it be replaced? Please have part 2 of Article 25 of the KZOT RF: "Does not require the consent of the employee moving it in the same enterprise, in the institution, organization to another workplace, to another structural unit in the same area, instructional work on another mechanism or unit in limits of specialty, qualifications or position due to the employment contract (contract). If not enough and this, then another article - Art. 26 KZOT RF - permits the administration "to translate workers for up to one month to a non-labor contract (contract) work in the same enterprise, institution, organization or at another enterprise, in the institution, organization, but in the same area" in a number Cases including to replace the missing employee.
But the Supreme Court of the Russian Federation treats the concept of "translating" completely different: "For the transfer of an employee to another job ... You should consider the commission of work that does not meet the specialty, qualifications, positions, or work, when performing salary, benefits, benefits and other essential working conditions caused by the conclusion of an employment contract (contract). From this we can conclude: the translation to another job means exemption from the main one. That is, the school principal has the right for a period of one month to free employee from work in those classes where it leads lessons, and translate it to other classes. But it can not just add it a few more hours a week.
Such problems arise in educational institutions periodically, just not all teachers know about their rights and few people decide to appeal the actions of employers in court.
In the meantime, the situation is as follows: to force an employee to replace without his consent. And if you try to do this, for example, referring to Art. 26 Kzotka of the Russian Federation, the teacher may require pay for the replacement of lessons in any amount! After all, art. 87 KZOTS RF provides that for the fulfillment of the duties of a temporarily absent employee without liberation from the main work, an employee is supposed to be a surcharge in the amount determined by "by agreement of the parties" of the employment contract. And with the current rates on the payment of the current lessons, the teacher can not easily agree.
However, it can be said that there is a space in the legislation. The provisions of Articles 25, 26, 54, 55 and 87 of the KZOT RF are in relation to teachers inactive.
The Ministry of Education, it is believed that the replacement of missing is the production necessity (Art. 26 of the KZOT RF), and therefore the teacher is obliged to unintently replace his colleague. But after all, the translation is the liberation from the main work, and transfer to another position with the preservation of the average salary, if its size suddenly turns out to be less than in the previous position. What is the teachers offered? Along with your 18 o'clock a week a few more extra hours. Moreover, if the replacement lasts less than two months, the payment is not on charge, but an hourly, which is always less. If more than two months (and it is necessary that the replacement days are in a row, they are not interrupted), wages are being recalculated. Hence the conclusion: for the teachers of the replacement is not a production need, but performing additional work. If in a number of industries established additional payment for the performance of the duties of the missing employee by agreement between the employee and the administration, in accordance with Art. 87 KZOTS RF, and these duties are performed during working hours, then teachers make it work with excess of its duration.
Is it possible in such cases to apply the articles of the KZOT of the Russian Federation on overtime work? There is no overtime in education - with the exception of working in two shifts of kindergartens, where there is an opportunity to work out the clock for a suddenly who did not appear to the work of a changer officer. The teacher is permitted with his consent to work with a higher burden, but this is not considered overtime. And if there is no overtime, then without the consent of the teacher, it is impossible to oblige him to replace it.
To solve the problem, it is possible to provide in collective agreements the norm in which the payment of the replaceable lessons is carried out on a more favorable scheme - for tariffing, and not clockwise. In the callers there should also be a section that regulates the substitution procedure, or an instruction that is an application to the Cold Put. Then the employee will have to perform a local regulatory act that has the force of law, and the replacement will be required. And such a requirement will be quite legal: after all, the administration through the Coldaging provides employee additional holiday days, a certain set of benefits and advantages. Consequently, in return, it has the right to demand from employees of certain concessions. The administration must approach the teacher not from the standpoint of force, but from the position of the mind.

Sources:
1. Labor Code of the Russian Federation (adopted by the State Duma on December 21, 2001, approved by the Federation Council on December 26, 2001)
2. Reference system "Education".

If an employee fell ill, and his work does not tolerate idle, then the employer makes sense to attract another employee to this work. Then it can be issued (Art. 60.2, 72.2 of the Labor Code of the Russian Federation):

Or substitution (temporary translation);

Substitution of a fallen employee

In this case, the employee who replaces the patient, for a while forgets his labor duties and fulfills the work of the sick colleague. The salary "deputy" is paid in accordance with the work performed.

It is important to know that it is impossible to force an employee to work for someone if he does not want. Those. Replacement is issued only with the consent of the employee. This is an additional agreement for the employment contract.

No entries in the employment record are not made.

Order on the replacement for the time of the hospital: sample

You have the right to develop your own form of an order of replacement, but you can use already existing unified forms: T-5 or T-5A (approved. By the decision of the State Statistics Committee of the Russian Federation of January 05, 2004 No. 1).

Sample filling the unified form T-5 when replacing at the time of hospital, you can see here.

When you do not need to make an order for substitution

This is not necessary if the employee's employment contract is directly spelled out that during the lack of another employee (for example, due to illness) he replaces it. For example, if the manager has a deputy, then with the disease of the first order about the entrusal of the responsibilities of the head, it is not issued.

Choose compatibility instead of substitution

Combining suggests that an employee in addition to his work during the working day performs the responsibility of the employee who is on the hospital. For combining the employee to its main salary, the amount of which is determined on the basis of an agreement between the employee and the employer is being determined.

Just as when replacing, the employee is a supplies to the employment contract, and nothing is noted in the employment record.

Compensation order for the time of the hospital: sample

Combination Order may look like this:

How to make a replacement for the time of the hospital

At each enterprise, such a trouble happens when the responsible employee fell ill and requires it replacement for hospital. Tell how to act.

When an employee is discovered by a disability sheet, and the whole or part of the production process may be able to get up, it is advisable to find a replacement. Based on the provisions of the Labor Code, the design can go on two ways:

1. substitution (time translation);
2. combining another employee of the work.

We replace employees

In this case, a person who will replace temporarily absent is completely deliberately in his duties on a new position instead of a pleasant colleague. And the salary will be issued for this temporary area of \u200b\u200bwork.

Keep in mind: To replace the temporarily ill specialist is the right, and by no means the duty of the colleague. It all depends on his will, no one can force. As a rule, this is drawn up to the employment contract. And the labor book remains unchanged.

Register order

Note that the company itself can make a standard for itself sample order for replacement for the time of hospital. At the same time, it is possible to apply the form approved by the state - T-5 or T-5A.

Download the order form in the form T-5 on our site can be here.

So the example looks like sample order for replacement for hospital:

Keep in mind: It is possible to make such an order will not need. To do this, look into the main labor agreement with the employee. There may be directly spelled out such a condition that he goes to replace if his colleague takes hospital (or for other reasons). As a rule, such a mechanism acts against persons who, in the title of position, there is a word "substituent". The order on them is usually. Do not form. It all goes without saying.

Two more documents can be preceded by registration of the order for replacement: service note for replacement for the time of hospital and / or application for replacement for the time of hospital. The specified note on the name of the highest bosses should come from the head / curator of the unit, whose task is to urgently find the substitution of a sick specialist.

The mandatory form of these two internal documents by law is not regulated, so you can trust the business practices adopted in the company.

Combining instead of substitution

As mentioned above, the second way is to find a partner to this position from the company's employees closest to the absence of a missing colleague.

In combination, a person is not freed from his main work and becomes a kind of multi-axle. For this to the main earnings, it is added additive. Its magnitude is prescribed in a separate agreement.

Registration is almost similar to replacement: make a separate addition. And on the content of the workbook it does not affect.

The disposal of combination at the time of the hospital may look like this:

Replacement of the employee at the time of hospital

Every employee can get sick, which is a fairly ordinary situation, which is regulated and at the legislative level.

However, the company cannot wait for the recovery of the employee, given that such an approach may adversely affect the course of production activities, and therefore, temporary substitution is allowed, but only in the manner determined by law.

Norms of labor legislation

Within the framework of Article 60 of the Labor Code of the Russian Federation, the advent of the additional responsibilities not provided for by the employee's employment contract is unacceptable, but only in ordinary working situations.

If force majeure circumstances occur - in particular, the probability of suspension of the production process due to the absence of one of the employees - is allowed in the form of an exception and attraction to work without taking into account the conditions of the agreement on mutual cooperation.

So, in accordance with the order of Article.72.2 of the Labor Code of the Russian Federation, the worker can be transferred to another position with the exemption from duties in its former vacancy in order of substitution in the absence of a major employee due to its illness, but only in the presence of consent.

At the same time, within part 3 of Article.72.2 of the Labor Code of the Russian Federation, the substitution can be carried out and without consent for a period not exceeding 30 days if an employee's disease and, as a result, the impossibility of performing the established circle of responsibilities will give a person or damage to the company's property.

Replacement - what is it?

The substitution is the temporary fulfillment of the duties of the missing employee in full, ranging from the circle of responsibilities and ending the work regime, that is, a complete translation, but on a temporary basis, and with exemption from its own duties.

Work for another employee - right or duty?

By virtue of Article 72.2 of the Labor Code of the Russian Federation, substitution in certain circumstances may be both right and duty.

So, if a large accident occurred at the enterprise, the consequences of which threaten the normal life of the population, the employee can be translated into a completely different position even without his consent, but only within one month, and for a vacancy, which is not lower than previously occupied.

If we are talking about a simple replacement of a sick employee, whose duties have a certain entrust, and at the same time its absence threatens only a violation of reports of reports, another employee can be transferred to a temporarily released position, but only in the presence of his written consent or a statement testifying to personal The initiative to execute other duties.

How to arrange an order for replacing the hospital?

Considering that it is impossible to entrust the employee to fulfill the execution of other duties that are not in the range of his everyday affairs without its consent, and also due to the fact that every work even for another position should be paid, the substitution involves documentary design.

The order will be the basis for the performance of duties at all other positions, and even quite with other duties.

At the same time, it is simply so the specified document is not published, the grounds are needed.

They may be the same report or a service note that the main worker in view of the disease is absent in the workplace, and therefore, to prevent the same downtime and on the production necessity, the attraction of another employee is required.

In what cases is required?

The order for the transfer of an employee to any post even on a temporary basis is required in all cases, and despite the causes of translation and initiative side, since only on the basis of the administrative document, an employee can fulfill certain responsibilities or endowed certain powers.

When you do not need to do?

Execution of duties not caused by the employment contract, in the mode of Article 6 of the Labor Code of the Russian Federation are not allowed.

Therefore, if the employee is attracted to the works that are not included in the circle of his duties, even for a couple of hours, the order must be published.

At the same time, if initially, during the employment of the workforce, it is indicated that it will replace a certain employee in the case of its absence, which is relevant for deputy heads, the order is made anyway, since in the administrative act you need to specify the time of lack and order of payment.

For registration of legal relations of this species, the standard form of the T-5 order is used, approved by the Resolution of the State Statistics Committee No. 1.

However, given that the order form is presented in the form of a recommended typical form, one or another company may also use an order formulated by one's own understanding, but taking into account the rules applied in the design of the documentation of this kind.

Structure and content

The order must have a certain structure that is expressed as follows:

• input partwhich consists of the name of the enterprise and the document itself, as well as its numbers and the dates of compilation;
• main partwhich indicates the name, employee, his position and a structural unit, as well as a vacancy for which it is translated with the obligatory reference to the privacy period and the deadline for the task;
• justite part, implies an indication of the document, which acted as the basis for temporary substitution, that is, the same official note on the disease of the main employee or the statement of the employee himself;
• final partwhich consists of signatures of the parties, that is, leadership and worker, who signing the order, thereby expresses its consent to the replacement.

Sample document



Blank can download here: T-5 form order form

Does the statement required?

As a rule, the statement is required only if the position is assumed at the request of the employee himself.

With a model of a request for a temporary translation can be found below:



Does the issuance of an employment contract or supply?

Considering that the worker is translated only for a period that will presumably be absenting the main employee, a new treaty on mutual cooperation is not.

However, in view of the fact that the worker will perform a completely different circle of responsibilities, the design of the add-building is necessary, since the worker should be aware of the limits of its competence and new tasks that he has to be executed.

Application example:



But if, when taking a condition for temporary substitution, and the authority has already been agreed in the labor contract initially, in the design of an additional agreement there is no need.

Reflection in other personnel documents

Almost all personnel movements are drawn up not only by means of orders, but also fixed in some documents - in the same personal card, as well as in the journal registration of dops, which is also conducted.

But the record in the labor book is not made, considering that the worker is translated in the order of substitution temporarily, and not constantly.

However, if after a certain period, the fellow employee does not start to their duties, which is possible with the subsequent design of disability, which replaced his employee can be translated already and constantly, that of course will require appropriate reflection and in the workbook.

About how to pay for leave by an urgent employment contract, you can find out here.

How to calculate payment?

By virtue of Article 72.2 of the Labor Code of the Russian Federation in the temporary movement to another position in connection with the production need for labor payment is made according to actually performed volume, but not lower than the average wage for the previous position.

This provision is introduced in order to provide an employee for the previous level of income, regardless of the enterprise's economic problems, as well as the position.

That is, if, due to the need for workers, they will transfer to a position with lower qualifications, for example, to prevent the consequences of the accident, its salary will be lower, which actually leads to a deterioration of working conditions.

That is why in order to avoid discrimination, work will be paid at no lower than the average tariff of former income.

What does the size depend on?

However, if the post on the substitution is identical, moreover, the level of payment will be the same or higher, the final calculation will be made according to the results of the actual tasks performed, as well as taking into account the wage system for a specific vacancy, that is, using the same allowances and compensation for Worked clock.

Taxes and fees

Salary even as a result of labor activities are subject to taxation, given that the remuneration for labor is income.

That is, the payment of labor in a new position will be taxed by the NDFL by virtue of Article 208 of the Tax Code of the Russian Federation and the insurance premiums, the size of which is defined by Article 425 of the Tax Code of the Russian Federation.

The salary of the employee to the substitution was 15,000 thousand rubles, which was attached a quarterly bonus in the amount of 50% of the salary. The position as a result of substitution salary is 13,500 rubles with the same premium size.

And since, by virtue of Article 72.2 of the Labor Code of the Russian Federation, its average earnings remained for the worker, payment will be made in the following amount:

• 15000 x 12 \u003d 180000
• 15000 x 50% x 4 \u003d 30000
• 180000 + 30000 \u003d 210000: 12 \u003d 17500 rubles.

That is, in the amount of average wages, considering that as a result of replacing the salary of the main worker is a smaller amount.



The replacement of the employee at the time of his vacation or hospital is common practice, many regard the departure of colleagues on vacation, as the need to take additional work. But not all the leaders consider it necessary to do extra charge for replacing a temporarily absent employee, and many employees will lay down with such infringement of their rights.

Replacement temporarily absent employee

Substitution for the time of vacation or hospital other employee in many companies is carried out with violation of the rights of employees of the company. So that this does not happen, it is necessary to know the procedure for conducting such a procedure and not be afraid to defend your rights, if necessary, in court. The employer must be responsible for violation of the Labor Code.

• Replacement of a temporarily absent employee can be made by combining posts, increasing the volume of work, expanding the circle of responsibilities. Additional work can be charged by a similar or other position.
• The employer is obliged to obtain the consent of the employee for the temporary replacement of the colleague. Just order to work for another person, no boss has the right. The employee has the right to refuse to replace colleagues for a period of vacation, hospital or other absence by a good reason.
• The marginal deadlines for posts may be said in the Charter of the Organization (if it is a municipal enterprise) or in agreement to the employment contract. That is, the consent of the employee for the temporary performance of the duties of another employee cannot be oral, the conclusion of a written agreement is required. It stipulates the amount of additional work, its character, as well as the timing and size of payment for replacement.

How is the replacement of a temporary missing employee?

The issue of payment for replacing another employee worries many, so he should pay more attention. It is necessary to distinguish the replacement of the employee with liberation from its duties and the combination of two posts. In the first case, the grounds for surcharge may not be - if the work performed for another employee is not a more complex or replaceable position similar to the permanent position of the employee.

In case of combining two posts during the absence of another employee, the surcharge must be necessary. The refusal of the employer to pay extra for the combination of posts will be a direct violation of labor legislation.

Temporary combination of posts should be issued by order of the head. The order must specify the combined position, the period on which combined is introduced (fixed deadlines are possible, it is possible to combine posts without specifying specific terms), the amount of additional work and payment for replacing the post of another employee. Supplement can be established by a fixed amount, but the parties may agree on a percentage of the salary (tariff rate).

Reducing the size of the surcharge for the combination of two posts or its complete cancellation must issue an order by the organization. An employee about changing the conditions for replacement of a temporarily absent employee must be warned in advance. At the same time, the warning must be written. In addition, with an indefinite combination of posts, the employee must be warned about changing payment conditions for 2 months.

Let us summarize: the position of the post of temporarily absent employee can only be carried out with the written consent of the employee; When combining posts, payment must be made.

How to make a replacement for the time of hospital



whether an additional agreement is needed
yes. Only not additional, but simply an agreement, since the main employment contract does not change and is not complemented.

do I need to register somewhere, which duties should be carried out by the deputy
if the duties are not spelled out in the official instructions for a replaced position - then you will have to rewrite them into an agreement.
if they are spelled out in di - to familiarize themselves under the painting.

enough only an order for the replacement and consent of the employee
will not be enough.

Is it possible on the second employee to impose a combination of the responsibilities of the first?
perhaps with his consent.

and how to make this alignment correctly.
see above.

order on combining or distribution of responsibilities (about increasing the volume of work performed.).) Between the remaining three worships
and what, the guard will perform the duties of the missing guard to their main, scheduled, working time?
or is it beyond it?
if the second (which is more likely) - separate urgent employment contracts conclude "during the absence of an employee", make up a job at work on the joint ventilation, do not forget about the restriction of working time at the accounting period - no more than half of the norm.

And how to pay.
in accordance with the terms of the employment contract part-time.

well, when they have four wigs in their work schedule through three, and now three per capita day after two. That is, "" an increase in the volume of work performed. "
did not guess. Make up compile.

by the way: after three days, the work time does not correspond to the law, the working time rate is not respected even at the head of the account.
you have at least a summable accounting, handsome?

The month performed the duties of another tutor not at its working time.
this is either overtime work (the first 2 hours - in one and a half size, the rest - in double), or a partition (established in the labor contract of the salary).
you have no alignment here.

Accrued salary for combination Although I completely replaced it. What is the difference between the substitution and combination?
it depends on what is issued - it may well be the same.

Anonymous user writes:
——————————————————-
\u003e Hello.
\u003e Situation is this. There is a post secretary to
\u003e Reception. duties, opening the entrance door, and
\u003e Adoption and subsequent distribution of incoming
\u003e Calls.
\u003e From January 2012, the secretary on the hospital,
\u003e Sample exit from the hospital May 2012, and in
\u003e June her regular vacation.
\u003e Necessarily, without written consent,
\u003e I replace the secretary, instead of doing my
\u003e work, most likely I will replace further on
\u003e His vacation time. those. almost 6 months i
\u003e forcibly performing not his direct responsibilities,
\u003e And I fully replace another position, which
\u003e Below my, and on which they deteriorate significantly
\u003e working conditions (it is not possible to leave the worker
\u003e Places for 5 minutes, no lunch break).
\u003e How competently I can refuse it, what
\u003e Consequences can be. How to do I need
\u003e Clear wages.
\u003e I am waiting for a speedy answer, the situation is already moving
\u003e Frames of healthy labor relations.
\u003e Thank you.

contact your leader with a conversation that the temporary translation can occur only with the written consent of the employee who did not give you. Therefore, illegally oblige you to perform labor functions that are not caused by the employment contract and the job description (GIT will be on your side). What you wouldn't like to resort to the appeal to Git with a statement and ask peacefully settling the situation.
The salary should be cleared on the basis of actually spent time according to your work mode for the functions performed according to your work. The tariff set by the work. Signor with all changes to it

The director of our school is located on a hospital 3 months, I fulfill his duties. I do not pay for this work, they say that I must replace because. I will be a deputy.
it is obliged to pay extra all the same.

But what is the responsibility of the legal I solve many organizational issues actually not being the director of the school?
actually - You just have them.

Anh, if she "actually he was", then when leaving the director did not have any work))))

i recently read a gift about the surcharge for combination. Letter of the Ministry of Health and Social Development of the Russian Federation of 03/12/2012 No. 22-2-897
The agency clarifies that the issue with a surcharge for combination must be solved using the job instruction. After all, when combining professions (posts), expanding areas of service, an increase in the amount of work or the performance of the responsibilities of a temporarily absent specialist, an employee must be completed. Its size is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Art. 151 of the Labor Code of the Russian Federation).
Those. If there are cases in the period of the absence of a similar functional in the working place of another specialist with similar functionality, then the surcharge will not be. But if there is no such thing, then you need to pay extra.

It seems to me that I have my own duties.

Those. If there are cases in the period of the absence of a similar functional in the working place of another specialist with similar functionality, then the surcharge will not be.
i'm afraid you have Soviet ideas about paying down.
currently, weight is a little different.

Regulatory legal acts of the former SSR Union surcharge for execution of duties without liberation from the main work it was forbidden in relation to the heads of structural divisions of organizations and standard substituents (clause 1 clarification of the State Protection of the USSR and the CCSPC secretariat of 29.12.1965 N 30/39 "On the procedure for payment of temporary substitution", sub. "A" of paragraph 15 of the Resolution of the USSR Council of Ministers from 04.12.1981 N 1145 "On the procedure and conditions for combining Professions (posts) ").
However, the relevant provisions of these regulatory legal acts were recognized invalid Supreme Court of the Russian Federation (definition of 11.03.2003 N CAS 03-25, decision of the Supreme Court of the Russian Federation of 20.10.2003 N GKPI03-1072). Now there is no reason for refusing in surcharge.

> What is the order of bringing me to her time
\u003e Hospital?
with your written consent with the order and agreement

\u003e Are there any payments for such
\u003e "Substitution"?
remote for the combination of posts, professions without separation from the main work with payment under the concluded agreement