Assignment of responsibilities during the director's vacation period


03.08.2019

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4 min.

Every officially employed employee has the right to certain types of leave - annual, educational, maternity leave. However, the activities of the enterprise are not suspended for this period, which means there is a need to assign responsibilities during the vacation to another employee of the organization. To formalize this process, the legislator provides a certain procedure. Violation of aspects entails the initiation of administrative proceedings and the imposition of appropriate sanctions on officials.

The manager and his competence

In Article 273 of the Labor Code of the Russian Federation, the head of an organization is characterized as an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity ( organization) and local regulations manages this organization, including performing the functions of its sole executive body.
The manager is the sole executive body of the company (director, general director, president, etc.), who is elected by the general meeting of the company's participants for a period determined by its charter, unless the charter refers to the resolution of these issues within the competence of the board of directors (supervisory board) of the company. The sole executive body of the company may not be elected from among its participants.

The head of the institution (hereinafter referred to as the director) as an employee is subject to labor legislation, and as an executive body - to civil law. The effect of labor legislation, in particular Ch. 43 of the Labor Code of the Russian Federation , applies to the heads of all organizations, regardless of their organizational and legal forms and forms of ownership, except for those cases when:

  • the head of the organization is the only participant (founder), member of the organization, owner of its property;
  • The management of an organization is carried out under an agreement with another organization (management organization) or an individual entrepreneur (manager) ( Part 2 of Article 273 of the Labor Code of the Russian Federation ).

In addition, the activities of the director are regulated by the provisions of other laws and regulations applicable to the heads of a particular type of organization. The most common forms of commercial organizations are limited liability companies and joint stock companies. Accordingly, we can highlight federal laws dated 02/08/1998 No.14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law ) and dated 12/26/1995 No.208-FZ “On Joint-Stock Companies” .
Individual entrepreneurs in matters of labor activity are guided by the Labor Code.

In accordance with paragraph 4 of Art. 32 and art. 40 of the LLC Law, the competence of the director includes all current issues of managing the company’s activities, if, according to the law or the company’s charter, their decision is not within the competence of the general meeting of LLC participants, the board of directors (supervisory board) and the collegial executive body of the company. Director, in particular:

  • acts on behalf of the company without a power of attorney, including representing its interests and making transactions;
  • issues powers of attorney for the right of representation on behalf of the company, including powers of attorney with the right of substitution;
  • issues orders on the appointment of company employees to positions, on their transfer and dismissal, applies incentive measures and imposes disciplinary sanctions;
  • exercises other powers that are not within the competence of the general meeting of the company's participants, the board of directors (supervisory board) of the company and the collegial executive body of the company.

The procedure for the director's activities and decision-making is regulated by the company's charter, internal documents of the company, as well as an agreement concluded between the company and the director.

Registration of director's leave

First of all, let us remind you that the right to use vacation for the first year of work arises for the director after six months of his continuous work with this employer. By agreement of the parties, paid leave can be provided before the expiration of six months ( Article 122 of the Labor Code of the Russian Federation ).
The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations ( Article 123 of the Labor Code of the Russian Federation ).

The director must be notified of the start time of the vacation against signature no later than two weeks before its start.

And here the question immediately arises: what document is used to document the director’s leave and who signs this document? It all depends on whose competence it is to grant leave to the director. If it is within the competence of the founders of the company, then the granting of leave is formalized by the minutes of the general meeting of the company's participants (a decision of one participant) and an order drawn up in any form and signed by a person authorized by the founders. Why in any form? Because an order drawn up according to the unified T-6 form can only be signed by the head of the organization or the person performing his duties.

If granting leave to a director is within the competence of the founders of the company, it seems that initially, before drawing up the vacation schedule, the director must agree with the founders on the estimated date of his leave.

For your information

By virtue of Art. 33 of the LLC Law , the competence of the general meeting of the company’s participants includes, in particular, the formation of the executive bodies of the company and the early termination of their powers, if the company’s charter does not include the resolution of these issues within the competence of the board of directors (supervisory board) of the company. As for the powers to resolve other issues related to the activities of the manager, including the provision of leave, they can be determined by the charter of the company.

If the provision of leave is within the competence of the director himself, then everything is much simpler. The director issues an order granting leave and signs it himself.

If, due to production needs, it is necessary to recall the director from leave, then (again, depending on whose competence it is to grant leave to this employee), the recall is carried out by the founders of the company on the basis of a protocol (decision) and order, or by the director himself, who himself draws up and signs an order for early departure from vacation.

For your information

The director's recall from vacation is permitted only with his consent. The part of the vacation not used in this regard must be provided at the director’s choice at a time convenient for him during the current working year or added to the vacation for the next working year ( Article 125 of the Labor Code of the Russian Federation ).

Sample order on assigning duties to a director during a business trip – Lawyer

Sample order on assigning duties to a director during vacation5 (100%) 1 vote

The director's competence includes many responsibilities that at first glance seem quite abstract.

But running even a small business is not so easy.

After all, it is worth considering not only the human factor and job functions of employees, but also correlating them with production activities, as well as daily business processes.

If the boss goes on vacation, his powers, based on the order, are transferred to another person or even several, because without proper leadership the organization cannot function.

Why do you need an order assigning duties to the director during vacation?

Even at the employment stage, the director is vested with certain powers and not only on the basis of the employment order, but also other acts. So, in particular, the responsibilities of the head of the company are stated in:

  • An employment agreement or contract;
  • Job description;
  • In working agreements with each full-time employee, since the boss acts as the employer on behalf of the company;
  • In a number of local acts, for example, the Charter.

Also, the director, as the sole management body of the enterprise, has the right of first signature on all financial documents and other documentation, from personnel to administrative.

And of course, he is personally responsible for all the processes that occur in the institution entrusted to him, from safety precautions and the issuance of personal protective equipment, to compliance with labor laws and other acts regulating economic activities.

At the same time, despite the leadership position and great responsibility, the boss, from the point of view of the law, is the same as a full-time employee, therefore he is subject to the norms of the Labor Code of the Russian Federation, including the right to rest.

That is, in the vacation schedule, the director’s data, as well as his rest period, are approved along with other employees.

Moreover, the procedure for registering annual leave for the director is the same as for other employees, namely, an order is issued to perform the duties of a temporarily absent employee.

However, due to the fact that the company cannot remain without a manager during the period of his vacation, the administrative act for the boss who went on vacation is not drawn up in a standard form, but with the inclusion of additional data. So, in addition to the rest period, as well as the start date of the vacation, the order must contain:

  1. Sub-clause on assigning managerial responsibilities to another person;
  2. Specification of the powers of the person replacing the director;
  3. Form of payment and amount of additional payment for performing additional duties.

Moreover, each of the above conditions also has its own characteristics, which directly depend on the specifics of the company, the number of full-time employees and their job descriptions.

Selection of an authorized person

In most cases, the staff of almost all institutions provides for the position of a deputy, who, along with his duties, has the right to replace the head in the event of his absence. In some fairly large organizations there may be several deputies, and each of them has their own area of ​​service, for example, financial or technical.

Moreover, even if there are several deputies, the obligation to carry out general management is assigned to only one of them, but the responsibilities of other deputies during the month of the director’s absence can be expanded. For example, the CFO has the opportunity to gain the right to sign all financial documents, and not just some of them.

It should be remembered that the director cannot assign the performance of his duties during his absence to any person from the company. After all, even being the sole management body, he is responsible to the founders for the validity of his decisions and the proper management of the company entrusted to him.

Powers of the person acting as director

As a general rule, the director provides general management and controls all processes, while line managers are responsible only for a separate segment of the company’s economic activities.

If a manager is granted leave, he has the right to redistribute his responsibilities to several employees at the same time.

However, due to the fact that only one person should have the last word, in order to avoid disputes, the order must reflect which of the so-called deputies “remains in charge.”

However, when creating an assignment order, it is important to consider one more factor.

When hiring deputies, each of them is assigned a certain amount of job responsibilities , which are prescribed in the instructions or employment contract.

Along with the main list of tasks, a separate paragraph may be included in the same instructions, namely the obligation to replace the manager during the period of his absence and a list of additional responsibilities.

Sample order for replacing a director during a business trip

Typically, an order to replace a director is drawn up in the name of his deputy or assistant. However, this point is not mandatory and the corresponding powers can be delegated to any person.

When drawing up a sample, the following points must be taken into account:

  • additional duties assigned to the employee must be paid in full;
  • if all duties are transferred, then the commissioner will be required to perform all the work of the superior in accordance with the prescribed position;
  • partial assignment of responsibilities must be indicated in the appropriate manner.

When drawing up the document, the documentary reason for the transfer of responsibilities must be indicated. The time period during which the person is vested with powers is also specified.

order to replace the director during a business trip

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week): (103,80

Transfer of powers of the director

So, before going on vacation, the director must transfer his powers to another employee, who will manage the organization instead: sign employment contracts with new employees, contracts with contractors, accounting and tax reporting documents, etc. In addition, it is possible , you will have to represent the organization in government bodies, courts, etc. First, the director must issue an order on the temporary performance of the duties of a manager by his replacement employee.
We provide a sample of such an order on page .

You should also issue a power of attorney to transfer part or all of the director’s powers. There can be one power of attorney for the transfer of both internal powers and external ones - for representing the interests of the organization before third parties (in other companies, government bodies and courts), or there can be several.

Limited Liability Company "Alliance"
Alliance LLC

ORDER

on assignment of responsibilities

Krasnodar March 25, 2015

Due to another vacation

I ORDER:

to assign the duties of director to Deputy Director V.P. Kornilov during my vacation - from March 30 to April 13, 2015.

Director Alexandrov V.P. Alexandrov

Some experts propose to delegate the powers of a director within the organization by means of an order listing all delegated powers, and to third parties - by a power of attorney. There is no fundamental difference here, and we believe that powers exercised within an organization can be formalized either by order or by power of attorney. Here is a sample order.

Limited Liability Company "Alliance"
Alliance LLC

ORDER

on the transfer of powers

Krasnodar March 25, 2015

Due to another vacation

I ORDER:

  1. To assign the duties of director to the deputy director of Alliance LLC, Viktor Pavlovich Kornilov, during my vacation - from March 30 to April 13, 2015.
  2. To transfer to the deputy director of Alliance LLC, Viktor Pavlovich Kornilov, the following powers of the director of Alliance LLC during his vacation:
  • conclusion and signing of sales and purchase agreements and provision of services on behalf of the Company;
  • signing employment contracts and additional agreements to employment contracts,
  • publication of personnel orders and orders on the general activities of the Company;
  • signing accounting and financial documents.

Director Alexandrov V.P. Alexandrov

As for representing interests in other organizations, a power of attorney is required.
In this case, it is not necessary to issue a notarized power of attorney. A power of attorney on behalf of a legal entity is issued signed by its director or another person authorized to do so in accordance with the law and constituent documents ( Part 4 of Article 185.1 of the Civil Code of the Russian Federation ). In this case, the organization’s seal may not be affixed. However, in some cases, for example, for participation in civil and arbitration proceedings, the signature of the principal must be certified by the seal of the organization ( clause 3 of article 53 of the Civil Procedure Code of the Russian Federation, clause 5 of article 61 of the Arbitration Procedure Code of the Russian Federation ).

The power of attorney is issued on the company's letterhead, which contains its basic details. The power of attorney should indicate the date of issue, the validity period of the power of attorney, the person issuing the power of attorney (director), the person to whom the power of attorney is issued (representative), the powers being transferred and the signature of the principal.

To represent the interests of the organization in other institutions, in order to avoid misunderstandings, we recommend that when formulating such authority not to use the phrase “to represent the interests of the Company in any enterprises, institutions, organizations, regardless of their form of ownership,” but to indicate specific government institutions, for example: “... to represent the interests of the Company in tax authorities, state extra-budgetary funds, internal affairs bodies and other institutions and organizations, regardless of their form of ownership, and perform all actions related to representing the interests of the Company in these bodies, institutions and organizations.”

Sample order for a business trip for a director – Center Pro

In large organizations, management often has to travel on official matters.

However, for this, a number of formalities must be taken into account, and also performed in accordance with the legislation of the Russian Federation and the Charter of this organization (as well as when registering even such a moment as temporary replacement of an employee, for which an appropriate order is issued).

Namely, to draw up and publish a document about sending superiors on a business trip. How to do this? What changes have the required documentation undergone in 2021?

Do I need a business trip order for the director?

The order to send the director on a business trip is used to confirm in writing the fact of the business trip, which is required by law.

And breaking the law entails liability, so it is important to comply with this requirement. Moreover, the order is mandatory even in case of departure lasting less than one day.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

Director's business trip order: example, goals, design rules, sample

The manager travels outside the locality to monitor the activities of branches remote from the main office and resolve production issues.

Reasons for a business trip for a manager

Decree of the Government of the Russian Federation No. 749 notes that the main purpose of business trips of the boss is the development of the enterprise he heads. According to the law, the director’s business trip must be properly documented and correspond to the assigned tasks.

During the period of work while away, the boss is compensated for all expenses and retains his position and salary.

The following categories of persons are prohibited by law from performing official duties away from the enterprise:

  • parents and guardians of disabled and minor children, disabled people;
  • pregnant women.

Employees raising children under three years of age go on a work trip only after expressing consent to this.

Example of a business trip purpose

Before leaving to carry out official assignments, the manager is given specific tasks. Example of a director's business trip purpose:

  • checking the quality of work of remote branches;
  • opening new branches of the company in the country and abroad, monitoring the opening process;
  • business and friendly meetings with partners for the development of the company.

These tasks are indicated in the company’s statutory documents, but they can change, so the purpose of a specific trip is indicated in travel documents.

How to register a director on a business trip

Before the start of the trip, it is documented in accordance with current legislation.

Compiled:

  • business trip order for the director (he can draw it up for himself);
  • advance report;
  • order to appoint a deputy, with his consent;
  • a list of work tasks that the director will perform on a business trip;
  • travel certificate (issued if the trip lasts more than 24 hours, contains the employee’s data, purpose of travel, time stamps of arrival and departure).

Upon return, within 3 days, the boss transfers to the accounting department the certificate issued to him, the expense report and documents confirming all cash expenses.

IMPORTANT! Work trips on weekends are paid double.

Sample order

The document form can be downloaded from the link.

It corresponds to the previously approved T-9 form, it must indicate:

  • in the “header” – the name of the employer;
  • number of the document issued and date of preparation;
  • details of the employee for whom the order is issued (position, personnel number);
  • destination (city, country, enterprise);
  • duration of the business trip;
  • reason for the business trip;
  • who pays the expenses;
  • basis for issuing an order (official assignment).

ATTENTION! The document must be affixed with the organization's seal and signature.

The order is stored in the archives from 5 to 75 years, depending on the duration of the trip.

Who signs the order

The statutory documentation includes persons who have the right to fill out and sign travel orders. In some companies this is done by the chief accountant or deputy director. Most often, this is done by the leader himself, even if he sends himself on the trip. The signature is supplemented with the current date.

How to delegate authority during a business trip

During the period of the manager’s business trip, the employee appointed for this time remains to perform his functions (with his consent). In this case, the organization operates as before.

According to Art. 185 of the Civil Code of the Russian Federation, during the absence of the manager, an order is issued to appoint a subordinate who will perform his functions. It necessarily records the amount of work assigned to it.

ATTENTION! For performing the duties of a director, the law provides for an additional payment to the basic salary.

In addition, the order includes:

  • duration of performance of managerial functions;
  • reasons for replacement;
  • amount of surcharge.

A power of attorney is drawn up for the right to conduct business and negotiate. The maximum validity period of such a document is up to 3 years. If necessary, the director indicates a shorter period.

A card with a sample signature of an employee acting as a manager is submitted to the bank that services the legal entity. This legalizes his right to sign financial papers.

Sample order on assignment of duties:

How and by whom is a director’s travel order drawn up?

Secondment of a company's executive is often an integral part of the work process. In this case, the question arises of how and by whom the relevant documentation is drawn up.

The legislation provides that the preparation of the necessary acts is carried out according to a standard procedure . That is, there are no fundamental differences in the secondment of an ordinary employee or manager.

The main aspects that need to be paid attention to are the transfer of authority for the duration of the trip and the identification of the person who arranges it.

How to issue an order to send a director on a business trip?

The CEO is subject to the same travel restrictions as ordinary employees. It is not permitted to go on a business trip:

  • a pregnant woman, even with her consent;
  • a single parent with a dependent child of preschool age or a disabled child.

The procedure for sending a general director on a business trip is based on the general procedure:

  • drawing up a memo indicating the reason and necessity of the trip;
  • registration of a business trip, the basis and duration of the trip are indicated, and a memo is attached to this document;
  • funds are issued for expenses and an advance report is drawn up.

The law prescribes that the general director does not have any advantages in calculating travel allowances. Their size must be consistent with the general established procedure.

Since 2015, the need to draw up a job assignment and travel certificate has been abolished. However, this does not exclude the possibility of filling them out. If, in this case, the local regulations on business trips indicate the need to draw up a document, then it must be present without fail.

The document is drawn up by the manager himself or by the person to whom the relevant powers are transferred. The basis for this order is usually indicated by a memo, which is also an appendix.

Sample order for a business trip for the general director

Sample order to cancel a director's business trip

Cancellation of a business trip of an executive person is also carried out according to the standard procedure. The main point in this situation is the appropriate basis:

  • business travel is no longer necessary;
  • the traveler cannot be sent due to illness;
  • There are extraordinary circumstances that prevent the task from being completed.

Based on the specified reason, a memo is drawn up addressed to the person who drew up the travel order. If it was the manager himself, then to him, if his deputy or authorized representative, then the record is transferred accordingly.

Methods for replacing a director

We have sorted out the transfer of powers.
However, in addition to this, the replacement of the director’s position should be documented. And depending on the replacement method, there are several design options. Let's look at them. 1. The director has a full-time deputy and the duties of the replacement are specified in his employment contract and job description. Some experts believe that in this case there is no need to issue an order and draw up a power of attorney. But we think differently: regardless of whether the duties for replacing the director are specified in the employment contract, job description, both the order and the power of attorney are needed. At the same time, it is enough to issue them once, and not every time when the director goes on vacation, because in addition to vacation, he may be on sick leave, on a business trip, etc. The order states that the performance of the duties of the director is assigned to the deputy director during his absence .

2. The duties of the director are performed by another employee of the organization in a combination of positions.

According to Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day, along with the work specified in the employment contract, additional work in a different or the same profession (position) for an additional fee.

The combination is formalized by concluding an additional agreement to the employment contract, which establishes the period during which the employee will perform additional work, its content and volume, as well as the amount of additional payment.

Thus, when combining the position of director, the following documents are required: the employee’s written consent to combine the position of director, an agreement to the employment contract, an order to perform the duties of a director in order to combine positions, a power of attorney for the transfer of powers.

In addition to part-time work, the Labor Code also provides for such a form of performing other work as part-time work - performing, in free time from the main job, another regular paid job for the same employer (internal part-time work) and (or) for another employer (external part-time job) ( Article 60.1 Labor Code of the Russian Federation ). However, we will not consider this method, since this form of filling the position of director is not used in practice.

3. The duties of the director are performed by another employee of the organization by way of temporary transfer.

By virtue of Art. 72.2 of the Labor Code of the Russian Federation , by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained until the employee returns to work. According to Part 1 of Art. 72.1 of the Labor Code of the Russian Federation, transfer is permitted only with the written consent of the employee, with the exception of certain cases established by Art. 72.2 Labor Code of the Russian Federation .

Thus, when transferring an employee to the position of director, the employee’s written consent, an additional agreement to the employment contract, an order for temporary transfer to the position of director during his absence, and a power of attorney are also required.

Let us remind you that according to Part 1 of Art. 72.2 , if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

4. The duties of the director’s position are performed by an external employee under a fixed-term employment contract. Let’s say right away that this method is usually used when the director goes on long leave, for example, for maternity or child care.

In this case, a fixed-term employment contract is concluded for the duration of the duties of the absent employee, who, in accordance with labor legislation and other acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract, retains his place of work ( Article 59 of the Labor Code of the Russian Federation ).

There is no need to draw up other documents in case of concluding a fixed-term employment contract, since the employee is already accepted to the position of director with all the relevant powers.

Features of substitution during vacation

Performing duties during vacation requires special skills and abilities that can fully ensure the quality and speed of work. Most often, employees are chosen with a similar nature of the position (for example, accountants of a department, but of different profiles; a personnel officer can replace the secretary on a temporary basis). The choice depends on the structure of the organization and the specifics of the responsibilities.

Substitution options

There are three main options for replacing an employee during an employee’s vacation, each of which has its own characteristics and registration rules:

  • transfer for some time;
  • officially registered combination;
  • part-time job

Substitution during vacation on a non-permanent basis means transferring an employee of a structural unit to the place of a vacationer. This point is reflected in the employment contract (using an additional agreement signed by both parties). The final period depends on the reason for the replacement. Start and end dates usually coincide with vacation time. The procedure is as follows:

  • drawing up and signing an addendum to the employment contract;
  • issuing an order, familiarizing the employee;
  • actual transfer and acceptance of new responsibilities.

Combination is used if an employee goes on vacation for a long period (for example, the maternity period can be up to three years). A regular transfer is not possible in this case - the employee still has his own responsibilities.

Attention! In accordance with the norms of the Labor Code of the Russian Federation, combining means performing job functions for two structural units of an enterprise at the same time. The length of the working day (shift) remains the same.

The main characteristics of such a translation:

  1. Increase in payment amount;
  2. Expanding the sphere of influence and service;
  3. Significant increase in the volume of work performed.

Some managers, in order to reduce paperwork, agree verbally. On the one hand, it is convenient for the enterprise. On the other hand, the employee remains unprotected from a legal point of view. If a conflict situation arises, you will have to prove the fact that you performed duties for the vacationing specialist. And the responsible person may be subject to administrative punishment.

The part-time option is divided into external and internal. The first means attracting an employee who is already working at this enterprise. The second involves hiring an additional specialist to assign responsibilities during the vacation to him.

It is important to know! The main difference between the external type of part-time work is that other work is performed at a different time. It is issued as it should be for this type of employee.

In accordance with the provisions of Part 5 of Art. 282 of the Labor Code of the Russian Federation, it is not allowed to attract the following categories of citizens from outside:

  • under 18 years of age;
  • those involved in hazardous and hazardous industries (main place);
  • each of the units is related to driving or traffic.

In addition, the law may provide for additional cases in which temporary performance of duties during the vacation period is impossible.

Salary for the position being filled

Due to the complexity of the work, increased responsibility and the amount of work performed by the deputy during the absence of the director, he must receive appropriate payment for his work.
Increased pay is provided for by the Labor Code. So, according to Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. In this case, the amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

When performing the duties of a director during a temporary transfer, remuneration is determined by agreement of the parties, but, as a rule, it is set in the amount of wages for the position held.

As for the full-time deputy, according to the Explanations on the procedure for paying temporary replacements dated December 29, 1965 No.30/39 , approved by the Decree of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions and in force to the present time (hereinafter referred to as the Explanations ), the employer must pay the employee temporarily performing the duties of an absentee, in including a full-time deputy, the difference in salaries.

Thus, no matter how the director is replaced, the salary of the employee replacing him must be no less than the director’s salary.

In this case, substituents according to paragraph. 6 clause 1 of the Explanations bonuses are awarded according to the conditions and in the amounts established by the position of the replaced employee. For the difference in salaries, a bonus is calculated in the same manner as for an additional payment for combining positions.

Procedure for assigning responsibilities

To transfer the duties of an absent employee, a certain procedure must be followed. The law clearly regulates this process, and any violation on the part of the employer may lead to administrative liability of officials and the enterprise (fines and other sanctions).

Documenting

Before issuing an order to assign duties for the vacation period, it is required to obtain the employee’s consent in writing. For these purposes, an addition to the employment contract is drawn up, which specifies the necessary actions, position, payment and other information. Only after signing the relevant agreement can you proceed to the second stage of registration - drawing up an order for replacement during vacation.


The procedure is regulated by the provisions of the following articles of the Labor Code of the Russian Federation: Part 2 of Art. 57, art. 60.2, art. 72, part 2 art. 151.

Attention! If it is impossible to indicate the end date of the specialist’s appearance (the end of the vacation or other period), you must make a note and write “until the absent employee returns to work.” The wording may be different, the main thing is to convey the meaning.

There is no form developed by law for an order to assign duties during vacation. Therefore, company employees can use others as a sample (for example, T1) or create their own document.

Calculation of surcharge

Replacing a temporarily absent employee involves an increased amount of responsibilities. The length of the working day (shift) remains at the same level. In accordance with Art. 151 of the Labor Code of the Russian Federation, an employee is entitled to monetary compensation for the efforts expended.

The calculation and form of additional payment is not regulated by law. Specific amounts and percentages depend on the situation, the complexity of the actions performed and other points. In most cases, an agreement is reached through oral negotiations. In large enterprises where the number of employees is significant, certain norms and standards already exist.

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