The fulfillment of the duties of a temporarily absent employee is provided for by the legislation of the Russian Federation and is a necessary measure so as not to suspend the labor process. Most often this happens when an employee goes on a long vacation, goes on a business trip, maternity leave, or leave to care for a sick relative. In this case, it becomes natural to provide the necessary certificates, which gives the right to other employees to perform his duties.
Appointment by order
Such a measure is forced and may arise at the level of management or staff. There are often cases when an employer neglects its direct functions and saves on staffing. The functions of the manager are transferred to the deputy.
Then you can see the addition of the letters “acting.” to the position of manager. However, the deputy manager is not entitled to additional payments for the work of a temporarily absent manager. In this case, it is formalized using an order.
This is due to the fact that the acting senior management has signatory authority and is responsible for actions or inactions. The additional agreement specifies the functions of the replacement employee, which may include hiring or dismissing employees.
If there is no additional agreement with the employee, he has the same powers as the head of the enterprise or organization.
It is mandatory to draw up an order to assign responsibilities and assign payment for additional work in cases where we are talking about a full-time employee and not a deputy. An additional agreement must be concluded with him.
In addition, the order must indicate the terms of performance of the functions of another employee. The main job responsibilities also remain within his competence.
Voluntary replacement
An employee replacing a colleague must not work overtime. This does not apply to the case when, after completing his shift, he continues to work in place of a colleague who did not come. Such hours are paid at double rate. This applies to both absenteeism and absence due to illness. However, according to the law, this condition is met taking into account the fact that the quality and volume of production of products, goods and services are provided in full during the established working day, that is, economic feasibility is observed. If the employee does not have time to complete his work during the allotted working time, he will remain on site overtime for an additional payment determined by the order.
The amount of additional payments for additional work is determined in accordance with the employment contract. If an employee is temporarily transferred to another position, his salary cannot be less. Fulfilling the duties of an absentee should not be confused with external or internal part-time work, because the latter involves performing additional duties on the territory of another employer. A temporarily absent employee is replaced during regular working hours in the same territory.
Position filling
The employee’s labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications, the specific type of work assigned to the employee) is named in the employment contract. Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Today we will consider the situation of combining work in one institution.
It is necessary to distinguish between the concepts of “combination” and “substitution”. So, combining means that you simultaneously perform both your job responsibilities and the responsibilities of an absent employee within a standard working day. Substitution provides for the performance only of the duties of the absent employee (hence the wording “acting”).
When combined, there is an additional payment to your basic salary.
N CAS 03-25, this subclause is declared invalid to the extent that it prohibits the payment of the difference between the official salaries of an absent employee and his full-time deputy or assistant, as well as the chief engineer of an enterprise, institution or organization.
Thus, at the moment, a full-time deputy has the right to receive additional payment for combining positions in the amounts established by agreement of the parties.
Temporary performance of duties in the position of an absent employee, as well as combining professions (positions), is assigned to another employee by order (instruction) of the manager.
The order specifies the position for which the employee will perform the work, the volume and timing of the work performed, and the amount of additional payment.
Labor Code of the Russian Federation). Moreover, a valid reason is not required. According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to payment of wages in full in accordance with his qualifications, complexity of work, quantity and quality of work performed. By virtue of Art.
135 of the Labor Code of the Russian Federation, an employee’s salary is established by an employment contract on the basis of the remuneration systems in force for a given employer.
Remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, agreements, local regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.
Filling a vacant position
This article describes in detail about filling a vacant position, and everything you need to know about it.
Some suggest that filling a vacant position is the fulfillment of the labor obligations of a temporarily absent specialist. But this is not true at all.
But what is filling a vacant position, why is it needed and the procedure for holding a competition. These questions have been relevant for a long time for those who want to get a job.
What is filling a vacant position?
Filling a vacant position is not taking the place of a temporarily absent employee, but concluding an employment contract between the employer and the prospective employee for the fulfillment of labor obligations. In other words, filling a vacant position involves hiring a new employee for a position that is vacant, for example, due to the dismissal of another employee.
The vacant position itself is the fulfillment of labor obligations, for which the employee will receive a good salary and have the opportunity to advance up the career ladder.
The difference between a vacant position and a simple one is the possibility of rapid career growth and high pay. In addition, in large cases, such a position is called specialization in government bodies.
Legislative regulation of filling a vacant position
In accordance with the Labor Code of the Russian Federation, a vacant position is filled on the basis of a competition, which may include:
Interview with the candidate;
Research of the candidate's documents;
Psychological testing of the candidate for stress resistance;
Testing the candidate for basic knowledge and skills in the specialty.
The employment of a specialist for a vacant position through competition occurs in accordance with the Labor Code of the Russian Federation, and in particular in accordance with Articles 16, 18.
In addition, the filling of vacant positions in government bodies is regulated by Presidential Decree No. 112, adopted in February 2005, which was amended in 20017.
Filling a vacant position in government agencies
In accordance with the decree of the President of the Russian Federation number 112, any citizen of the Russian Federation has the right to fill a vacant position. The introduction of a competition for filling a position is adopted by order of the head of the state unit. There is no need to hold a competition in the following cases:
- If the replacement occurs for a short period of time, during the absence of the main employee occupying this position;
- If the appointment of a manager occurred on the basis of a decree of the President of the Russian Federation;
- If a civil servant was appointed to a position in connection with a transfer from another place of work;
- If an employee who is in the state personnel reserve is appointed to the position;
- If the position is small, it does not require special knowledge and skills from the candidate.
All adult citizens of the Russian Federation who have the knowledge and skills that meet the requirements for the candidate have the opportunity to take part in the competition. The competition must be held in 2 stages:
- Posting information about a competition to fill a vacant position;
- Direct holding of the competition.
At the first stage, the employer accepts applications for participation in the competition, as well as relevant documents, which include:
- Application, questionnaire;
- A copy of an identity document;
- Diploma of secondary or higher education, copy of work book;
- A certificate from a medical organization confirming that the candidate has no dangerous diseases;
- Other documents established by law.
After submitting all documents, HR specialists examine them within a month and make a decision on the possibility of candidates participating in the competition. After which the candidate is required to be notified.
The second stage is the direct holding of the competition, on the basis of which one candidate is selected. He will subsequently occupy the vacant position. If this candidate refuses this position, then the participant in the competition who took second place is called in his place.
Competition for a vacant position is a good opportunity for a recently graduated specialist to get a good job.
If he successfully passes all stages of the competition and shows a high level of knowledge and skills, he is selected for the position, even if more experienced candidates participated in the competition. Experience is not always an indicator of performance.
Sometimes, a person who has not officially held a position knows the specifics of the work better than the head of the enterprise. And a person who has worked at an enterprise for many years simply forgets all the subtleties of fulfilling labor obligations.
In this article you learned about filling a vacant position. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.
Editor: Igor Reshetov
Performing duties to replace an employee
Employees who are assigned additional responsibilities should know and remember that such a measure is not mandatory. By law, they must provide written consent, meaning they can refuse to perform the work of the absentee. Written consent is attached to the order. However, as practice shows, in reality everything happens differently; management finds leverage on those under its control. The reason for this is their ignorance of labor rights, responsibilities, and the law.
The replacement of an absent employee who is temporarily absent is not covered by the conclusion of an additional agreement to the employment contract, and an entry in the work book is also not included.
Current legislation provides for the possibility of an employer transferring an employee to another position for a period of up to one month. In this case, he is relieved of his main duties. An employment contract is concluded with him. The employee should remember that his remuneration cannot be lower than the established one. The rights of the acting person are regulated by Article 151 of the Labor Code of the Russian Federation.
Fulfillment of duties and rights of employees
Fulfilling the duties of a part-time employee is not mandatory; you can refuse it. In this case, the same procedure is performed, a new order is created to assign duties, but with a different person.
Modern legislation offers many options for rewarding employees who agree to perform the duties of temporarily absent colleagues at work during the absence of the main employee. Any work must be rewarded and appreciated, otherwise you must contact the labor inspectorate, trade union or prosecutor's office. Refusal by an employee of imposed duties should not entail the imposition of sanctions on him, because this is illegal.
Today, judicial practice knows cases where dismissed employees went to court and won cases for illegal forced release from work. Modern employers are reluctant to enter into conflict with a person who is an employee of their organization. All workers are protected by labor legislation. Failure to do so can cost your superiors dearly, remember this. If you have doubts about the honesty of the employer, you should seek help from a lawyer, since often the problem lies not in the law, but in ignorance of it.
A lawyer will advise you and help you draw up all the necessary documents.
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| alla-gozha |
| At a state-owned enterprise, the director was fired. By order of the executive committee, the chief engineer was appointed acting director. He has not been released from the main position, the salary is calculated according to the position of chief engineer, in fact, the employee has been performing duties in two positions for the third month. Lawyers interpret the situation ambiguously—some consider this a temporary transfer, because the position is vacant, others believe that temporary replacement by a full-time deputy. I would like to hear the correct interpretation of this situation - transfer or substitution, and, accordingly, the correct calculation of salaries. |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| Sergey [email protected] Belarus Wrote 16797 messages Write a private message Reputation: 1799 | #2[523206] February 6, 2021, 11:47 |
alla-gozha wrote:
someone considers this a temporary transfer,...someone believes that temporary replacement by a full-time deputy
This is not a transfer, since the employee is not released from his work. The chief engineer is not a full-time deputy manager (although I was sure of the opposite until I carefully re-read his qualification description). This situation falls under Art. 67 TK.
I want to draw the moderator's attention to this message because:Quote:
Article 67. Remuneration for work when combining professions (positions) and performing the duties of a temporarily absent employee without release from the main job
To an employee who performs for the same employer, along with his main work stipulated by the employment contract, additional work in another profession (position)
or duties of a temporarily absent employee
without release from his main job during the duration of the working day
(work shift) established by law; additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee. The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee is established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equal in wages to employees budgetary organizations - the Government of the Republic of Belarus or an authorized body.
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Pereat mundus et fiat justitia.| Big_Repa" [email protected] Belarus, Soligorsk Wrote 28168 messages Write a private message Reputation: 2222 | #3[523226] February 6, 2021, 1:13 pm |
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Silence is gold. And all the evil comes from him. Sex is also a form of movement.| Sergey [email protected] Belarus Wrote 16797 messages Write a private message Reputation: 1799 | #4[523227] February 6, 2021, 1:18 pm |
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Pereat mundus et fiat justitia.| Big_Repa" [email protected] Belarus, Soligorsk Wrote 28168 messages Write a private message Reputation: 2222 | #5[523229] February 6, 2021, 13:20 |
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Silence is gold. And all the evil comes from him. Sex is also a form of movement.| Sergey [email protected] Belarus Wrote 16797 messages Write a private message Reputation: 1799 | #6[523230] February 6, 2021, 1:24 pm |
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CHIEF ENGINEER Job responsibilities. Determines the technical policy and directions of technical development of the organization in a market economy, ways of reconstruction and technical re-equipment of existing production, the level of specialization and diversification of production for the future. Ensures the necessary level of technical preparation of production and its constant growth, increasing production efficiency and labor productivity, reducing costs (material, financial, labor), rational use of production resources, high quality and competitiveness of manufactured products, works or services, compliance of manufactured products with current state standards , technical conditions and technical aesthetic requirements, as well as their reliability and durability. In accordance with the approved business plans of the organization for the medium and long term, he manages the development of measures to reconstruct and modernize the organization, prevent the harmful effects of production on the environment, carefully use natural resources, create safe working conditions and improve the technical culture of production. Organizes the development and implementation of plans for the introduction of new equipment and technology, carrying out organizational and technical activities, research and development work. Ensures the effectiveness of design solutions, timely and high-quality preparation of production, technical operation, repair and modernization of equipment, achievement of high quality products in the process of its development and production. Based on modern achievements of science and technology, the results of patent research, as well as best practices, taking into account market conditions, organizes work to improve the range and quality, improve and update manufactured products, work (services), equipment and technology, and create fundamentally new competitive types of products , on the design and implementation into production of means of complex mechanization and automation of technological processes, control and testing of high-performance specialized equipment, the development of standards for the labor intensity of products and standards for the consumption of materials for their production, the consistent implementation of savings and cost reduction. Monitors compliance with design, engineering and technological discipline, rules and regulations on labor protection, requirements of environmental, sanitary authorities, as well as bodies exercising technical supervision. Ensures timely preparation of technical documentation (drawings, specifications, technical conditions, technological maps). Concludes agreements with research, design (engineering and technological) organizations and higher educational institutions for the development of new equipment and production technology, projects for the reconstruction of the organization, its divisions, renovation and modernization of equipment, comprehensive mechanization and automation of production processes, automated production management systems, exercises control over their development, organizes the review and implementation of technical re-equipment projects developed by third-party organizations, and prepares applications for the purchase of equipment on leasing terms. Coordinates work on issues of patent and invention activity, unification, standardization and certification of products, certification and rationalization of jobs, metrological support, mechanical and energy maintenance of production. Takes measures to improve the organization of production, labor and management based on the introduction of the latest technical and telecommunication tools for performing engineering and management work. Organizes scientific research and experiments, testing of new equipment and technology, as well as work in the field of scientific and technical information, rationalization and invention, dissemination of advanced production experience. Carrying out work to protect the priority of implemented scientific and technical solutions, preparing materials for their patenting, obtaining licenses and intellectual property rights. Organizes training and advanced training for workers and engineers and ensures continuous improvement of personnel training. Manages the activities of the organization’s technical services, monitors the results of their work, the state of labor and production discipline in subordinate departments. Must know: legislative and regulatory legal acts regulating the production, economic and financial-economic activities of the organization, decisions of regional and local government authorities and management, defining priority directions for the development of the economy and the relevant industry; organizational and administrative documents and regulatory materials of other bodies relating to the activities of the organization; profile, specialization and features of the organization’s structure; prospects for technical, economic and social development of the industry and the business plan of the organization; production capacity of the organization; production technology of the organization's products; the procedure for drawing up and approving plans for the production and economic activities of the organization; market methods of managing and managing an organization; the procedure for concluding and executing economic and financial contracts; scientific and technical achievements in the relevant industry and the experience of leading organizations; economics and organization of production, labor and management; basics of environmental legislation; basics of labor legislation; rules and regulations of labor protection and fire safety. Qualification requirements. Higher professional (technical) education and work experience in the specialty in leadership positions in the relevant sector of the economy for at least 5 years. (Resolution of the Ministry of Labor of the Republic of Belarus dated December 30, 1999 No. 159 “On approval of issue 1 of the Unified Qualification Directory of Employee Positions (USSD) “Positions of employees for all types of activities”, issue 6 of ENSD “Positions of employees engaged in mechanical engineering and metalworking”, issue 33 ECSD “Positions of employees engaged in finance, credit and insurance” and issue 21 ECSD “Positions of employees engaged in geodesy and cartography”)
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Pereat mundus et fiat justitia.| Big_Repa" [email protected] Belarus, Soligorsk Wrote 28168 messages Write a private message Reputation: 2222 | #7[523232] February 6, 2021, 1:29 pm |
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Silence is gold. And all the evil comes from him. Sex is also a form of movement.| alla-gozha [email hidden] Wrote 3 messages Write a private message Reputation: | #8[523251] February 6, 2021, 15:27 |
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| Sergey [email protected] Belarus Wrote 16797 messages Write a private message Reputation: 1799 | #9[523254] February 6, 2021, 15:34 |
alla-gozha wrote:
Dear, previously, in the temporary absence of the director,
the chief engineer was a priori acting.
, and this was a temporary substitution
without any combinations or additional payments.
What was the legal basis for this? Are you not going to answer Alexander’s question (disguised as a statement)? Otherwise we won't move forward.
I want to draw the moderator's attention to this message because:Notification is being sent...
Pereat mundus et fiat justitia.| alla-gozha [email hidden] Wrote 3 messages Write a private message Reputation: | #10[523256] February 6, 2021, 15:38 |
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