Each employee in the enterprise fulfills his list of responsibilities. All employees have the right to rest, including annual leave. Absence on the spot can also be explained by illness or maternity leave. In this case, another person is appointed to his post. For this situation, you need to know how to fill out an order for a vacation. A sample will allow you to fill out this document correctly.
When is the reassignment of duties?
The main reason for the replacement is the absence of an employee at the workplace. According to the Labor Code of the Russian Federation, a person has the right to use different types of leave: basic, additional, educational, maternity, childcare, administrative. Each type of exemption from work has its own characteristics.
The replacement order must be executed simultaneously with the departure of the employee on vacation. Not always because of a lack, it is necessary to hire a new employee. For example, if there is no 3-5 days at the workplace of a process engineer who is engaged in the development of technological processes, then this does not require a replacement.
But if this employee goes on maternity leave, and then a 3-year period of child care is planned, then a replacement for another employee is usually issued. Moreover, it can be specifically adopted by labor agreement. A substitute worker may be transferred from another job or accepted on a combination basis.
Substitution Rules
With the departure of the employee on vacation, his duties are assigned to another person. According to the Labor Code of the Russian Federation, there are 4 ways to solve this issue:
- Transfer of another employee to the period when the second is absent.
- Registration of part-time work.
- Offer combining with surcharge.
- Hiring a new employee with the signing of a fixed-term contract.
A transfer means a change in the functions of an employee for the vacation period of another person. This nuance is established by Art. 71 of the Labor Code of the Russian Federation. To draw up a fixed-term contract, the provisions prescribed in Art. 59 of the Labor Code of the Russian Federation. In combination, some duties are performed during a time free from the main work, according to Art. 66 of the Labor Code of the Russian Federation.
In any situation, you need a sample order for substitution during the holidays, allowing you to correctly execute everything. The combination is carried out together with the main functions, taking into account the requirements of Art. 60 of the Labor Code of the Russian Federation. There are situations when the replacement of an employee who worked under a fixed-term contract is required. Then the employer needs to create a memo.
Deputy Chief Accountant and Director
Directors and chief accountants, like other employees, can take leave or sick leave. If these bosses have deputies, then they will carry out their duties. If there are several assistants, the order to replace the director on vacation should be issued to a specific person. Acting as a leader can be more than one; distribution of duties between people is allowed.
If the organization does not have a deputy position, then the substitution is executed for the period when the bosses are absent. For example, instead of a director, there may be a chief engineer, financial director, director of personnel. The chief accountant is usually replaced by the chief financial officer or accountant. With a long absence, it is allowed to accept a new employee who has such a profession.
Sometimes an order for the right to sign is required. This is usually needed for accountants, economists, freight forwarders, logisticians, branch employees. Even if the manager is on vacation, an order for the right to sign will allow working with the documentation.
What does the order include?
Each organization usually has a single order form. If it is necessary to issue a vacation, the documentation is drawn up on its basis. A sample order for a vacation replacement is in the article. Most enterprises work on its basis. The following information should be indicated in the document:
- Reasons for Substitution Required.
- Information about the employee who is absent and his replacement.
- Dates of substitution.
- Labor duties of a new employee.
- Order number, date, signature of the substitute.
- Signature of the person who goes on vacation.
Order forms are usually found in every organization. Only relevant data is entered in the document so that the design is official. At the same time, in each institution, the sample order for substitution for the period of vacation may vary slightly.
Application for Substitution
An employee replacing a colleague must provide consent. First comes an oral agreement on the timing and payment of this work. Then the deputy must write a statement requesting the fulfillment of duties. It usually indicates:
- To whom the statement is addressed, including the name of the head, position, name of the organization.
- From whom it was written, that is, F. I. O. and the position of deputy.
- Indication of the name of the document.
- Request for replacement.
- Dates and position.
- Date and signature.
When a statement is written and an order to fill a position is signed , the substitute may begin his work. This employee has all the statutory rights and obligations.
Renouncement
By law, an employee may refuse to accept the duties of a person on vacation. But in practice, there are situations when the employer threatens with dismissal. But the law is on the side of the subordinate, therefore, even when dismissed, he needs to go to court, which will reinstate.
On maternity leave
By order of the employee to go on maternity leave, she ceases to perform her work for a certain period before childbirth and after that. The order is executed on the basis of the sick leave of the employee. These sheets are certified by maternity hospitals or antenatal clinics. Usually this period is 4 months - 140 days. Sometimes, with health complications, an extension of the term occurs. If a woman takes another person in place, an employment contract is created, where the working conditions will be spelled out.
A woman on maternity leave knows only approximately when she can go to work. Various circumstances may arise when an earlier job or extension is required. Therefore, the contract can not be specified specific dates.
Fixed-term contract
Typically, a document indicates that it is executed “for the period of absence of the employee on maternity leave”. The substitute may have the main job, and then part-time is recorded. With his absence, an employment contract is drawn up.
According to Art. 59 p. 1 of the Labor Code of the Russian Federation, a fixed-term contract is signed with the consent of the employee or at the appointment of the head to replace the employee who has gone on maternity leave, which retains a place. Under this order, a person is accepted for a position temporarily. The agreement form is not important. Usually, an employment contract with a temporary period is applied, which preserves the place of the employee who is on maternity leave.
Thus, maternity leave is considered a good reason for a temporary absence from work. During this period, the duties will be performed by another person, drawn up by order and on the basis of applicable law.
Surcharge
With the execution of the replacement of the employee who will be absent, the first question will be the size of the surcharge. You need to know how this procedure is carried out. It all depends on whether a new employee is being released from a previous job or not. With non-payment of the additional amount, the calculation is carried out by agreement with the head.
If the substitute is executed by transfer and exempted from his work, then there is usually no surcharge. But the Labor Code of the Russian Federation says that the deputy’s salary should be no less than the one that worked before this event. Surcharge occurs with combination of posts. According to Art. 151 its amount is determined on the basis of an agreement; there are no calculation formulas.
Thus, when the employee is not at work due to vacation, he is replaced by another employee on a temporary basis. This substitution is made out by law, in some cases, the surcharge specified in the agreement is assumed.