The image of orders for the assignment of duties without payment. Fulfillment of the duties of a temporarily absent employee according to the Labor Code of the Russian Federation. Order on the assignment of duties during the sick leave

10.11.2020

The organization must carry out its activities in a certain mode in order to have a stable financial position in the market. But in accordance with the Labor Code of the Russian Federation, companies must periodically provide their employees with their vacation time. To balance these requirements, the management of the company can either at the expense of new employees, or by assigning some responsibilities to existing ones.

The assignment of certain duties is the performance by an employee for a fee, in addition to their own labor functions, also additional ones for a temporarily absent employee.

The need for this may arise due to periods of illness of the company's employees, their being on business trips, vacations, and also if the administration did not manage to select a candidate for the vacant position within the set time.

The possibility of establishing a combination is determined by the rules labor law, while there are no restrictions on categories of workers. Only the level of education, if necessary, competence should be taken into account, and the employee involved with this employee has all the necessary documentation (licenses, sanitary books, etc.)

The duration of the assignment is set in each case, and is determined by the period of absence of the missing worker.

Attention! Temporary performance of duties must be offered to the employee in writing, preferably in the form of a letter.

It is also possible to the head of the department where a temporarily free workplace, submit a memorandum on his own behalf and attach to it a statement from the employee who expressed a desire to carry out such a combination.

In any case, with a positive decision by the personnel department, an additional agreement is concluded with this employee to his labor contract and issued an order for the temporary assignment of duties.

According to the current legislation, the order to perform duties must be communicated to the employee within three days.
If it is impossible to establish the duration of the combination, it must be carried out until a special order from the management about this.

It is allowed for each of the parties to prematurely terminate the agreement establishing the temporary performance of duties. To do this, it is enough for one of them to send a written notice to the other. In this case, the Labor Code of the Russian Federation establishes a period of three days.

How to draw up an assignment order

There is no single set form for creating this document. It can be made in any form on the letterhead of the company, or developed independently in the style of the rest of the company's personnel orders.

At the top of the form, you must indicate the name of the organization, its TIN and KPP codes, and the address of the activity.

Then comes the word "Order", next to which its date of compilation and serial number.

Below on a new line is the name of the document. Here you can write a general phrase "On the temporary performance of duties", or specifically indicate for which position it was created. The following is the reason why this document was published.

Then comes the word “I order”, after which the steps that need to be taken to execute the order are written point by point:

Which employee (his position and full name) is assigned new duties, what functions and for what exact period;
To what extent will these responsibilities be performed?
The amount of remuneration for the performance of the above works;
Who will supervise the implementation of this order.

Below need after the words "foundation" indicate the basis on which the assignment of duties is made. Usually this is an additional agreement to the employment contract.

The order is signed by the head of the company. After that in section "Familiarized with the order" leave their personal signatures listed in the person's document.

Nuances

If there is a replacement of the head, then in addition to the order, you must also draw up a power of attorney, according to which the deputy will be given the right to sign important documents and stamp them.

The employee has the right not to take on new duties and not to sign the order. The employer in this case cannot fire him - numerous arbitrage practice on this issue, he usually takes the side of the employee, obliging him to be reinstated and to pay compensation.

Sample letter of assignment

Download a sample order on the assignment of duties in Word format.

An employee fell ill or went on vacation, and work is urgent? Find out how to assign it to another specialist without breaking the law or attracting the attention of the GIT. You will find a sample order with instructions for compiling in the article.

In the article:

A package of documents that will help to formalize the assignment of duties:

When to issue an order to assign additional duties to an employee

Even a short-term absence of an employee in a key position can be a serious test for a company. Fortunately, there are completely legal ways to solve this problem, provided for in Article 60.2 of the Labor Code of the Russian Federation: combining professions or positions, expanding service areas, or performing the duties of a temporarily absent colleague without exemption from work stipulated by the employment contract.

If an employee is entrusted with work in another profession or position, they draw up a combination, if in a similar one, they expand the service areas, or increase the amount of work. The duties of a temporarily absent colleague can be entrusted both to the same position occupied by the employee, and to any other. At the same time, he is not released from his main labor function.

For example, a human resources specialist can be temporarily assigned the duties of both a retired personnel officer occupying a similar position in the same department, and a clerk or secretary. But here it is essential it is important to obtain the consent of the employee himself for additional work. The employer is not entitled to expand the scope of duties unilaterally. In essence, the employee does someone else's work along with his own, prioritizing differently and tightening the schedule a bit.

Fulfillment of duties in the order of temporary substitution:

requires additional payment;
not reflected in the work book;
does not go beyond the previously established norm of working hours;
is always documented (written notice or application, order, supplementary agreement to the employment contract, etc.).

Cheat sheet: We make out temporary execution additional work

★ If the volume of transferred duties is so large that it makes it difficult to combine, or the absence of the employee who usually performed them can be very long, arrange internal combination or temporary transfer. This option is often used when you need to replace an employee who has gone on maternity leave or is sent on a long, multi-month business trip. The expert of Sistema Kadra will explain which part-time work has features, in which cases it is prohibited by laws and how long the working day of a part-time worker can last.

The duties of each employee are fixed by the job description. The employer has no right to demand the performance of additional functions that are not provided for either by the job description or the employment contract, without sufficient grounds. Therefore, the assignment of any tasks that go beyond the scope of the employee's labor function is drawn up in a separate order. But before issuing an order to assign the duties of a temporarily absent employee to his colleague, you should agree with him on the timing, volume and payment of additional work.

If an employee does not agree with the employer’s proposal, it is impossible to force him to work both for himself and “for that guy”: the decision must be voluntary, made without coercion and threats. Moreover, even if the employee initially agreed and took on additional work, and then for some reason changed his mind, he has the right to refuse to perform it, notifying management about this no later than three days.

Memo from the experts of the magazine "Personnel business". Transferring the duties of a temporarily absent employee

How to issue an order for temporary performance of duties: sample

The ideal situation, when all the staff goes to work every day in full force, is not often found in real life. Therefore, each personnel officer must know how an order is issued to perform the duties of a temporarily absent employee and what is needed for this.

step by step algorithm. We issue an order on the performance of duties of a temporarily absent employee

Step 1. Make sure the combination is possible. If an employee requires a medical book, license or other document confirming the level of qualification, or the possession of a special right to perform additional duties, check its availability.

Step 2: Formally invite the employee to temporarily fill in the duties of an absent colleague. Submit a free-form written proposal, complete with the employee's signature field, in case the employee agrees. The presence of a signature confirms that the decision to perform additional work was made voluntarily and in compliance with all formalities.

Step 3. Conclude an additional agreement to the employment contract. Specify what specific functions the employee will perform, the period of performance of additional duties and the amount of the additional payment, and give him one certified copy of the agreement.

Step 4: Issue an Interim Order: the sample is drawn up in free form, there is no unified form. The document must contain the details of the organization - name, TIN, KPP, legal address.

Below, under the name, number, place and date of issue of the order, briefly describe the reason for its issuance. For example, if this is a vacation substitution order, the sample may contain the wording "due to the temporary absence of the main employee."

Sample order for temporary performance of duties

In the administrative part of the document, indicate:

to whom the order applies;
the position to be occupied or the specific duties assigned to the employee;
the period during which he will fulfill them (if it is not known in advance when it expires, you can simply write “until returning to work”, indicating the last name and initials of the absent specialist);
base document (additional agreement to the employment contract);
who is assigned duties (full name, personnel number, position held) and to what extent;
the amount of the surcharge based on the order;
who is entrusted with the control over the execution of the order.

There are also other important terms and conditions. Indicate that the functions of a temporarily absent colleague will be performed without release from the work specified in the employment contract, and the working time rate will remain the same. Then certify the document with the signature of the person responsible for its preparation, and send it to the head of the organization for approval.

An order certified by all necessary signatures and seals shall enter into force immediately or from the date indicated therein. But in any case, the employee who is entrusted with additional work should be familiarized with it within three days.

Please note! You cannot fire an employee, threaten him with dismissal, or apply other disciplinary measures for refusing to sign an order. From the point of view of labor law, such a refusal does not bear any negative consequences. A wrongful dismissal can be challenged in court, which in such situations, as a rule, takes the side of the plaintiff and reinstates him in his position.

★ If an employee is temporarily assigned the duties of the head of the company or a separate structural unit, in addition to the order, a power of attorney for the transfer of authority should be issued. Based on this document, the employee will be entitled to sign important documents and certify them with the seal of the employer. Find out how to draw up a power of attorney, who can substitute for the general manager during vacation and where to prescribe the procedure for its replacement, from the expert of the Kadra System.

To manufacturing process was not injured, during the absence of a key specialist, entrust the performance of his duties to another employee. But first, get a preliminary consent, agree on the scope and nature of the work assigned, conclude an additional agreement to the employment contract. If all the formalities are met, issue an order and familiarize the employee with it under signature within three days.

In this case, a situation may arise when the main employee is already performing his duties, and the specialist to whom they were temporarily assigned has not yet been released from them. In order to avoid this conflict, it is recommended to supplement the indication of the term for the assignment of duties in the corresponding order with the note “but no further than until the main employee enters work.” So, in order to replace the main specialist, the employer can transfer another employee, assign duties to him without suspension from the main job, or, at his discretion, conclude labor contract with a different face. To assign responsibilities and temporary transfer as a general rule, the written consent of the employee is required. The admission of a new employee to a temporarily vacant position is carried out with particularities (an indication of the urgency of the contract, a shortened probationary period or its absence).

How to issue the assignment of duties of a temporarily absent employee?

In this case, the amount of payment is determined as a percentage of the salary for the new specialty. In both the first and second cases, an order is necessarily drawn up for the temporary assignment of duties (or transfer), which details the following information: the period for performing additional duties, the payment that is due for this job, and the reason for the absence of the main worker.

13.06.2015

Is it possible to assign duties without surcharge: the nuances of registration

Additional responsibilities are entered if they meet the specified conditions:

Associated with current changes in working conditions.
Their reason was the technical reorganization of the enterprise.
Be sure to include them in the qualification characteristics.

In other situations, an additional agreement must be drawn up. Combination of professions: on the introduction of conditions or their change Documenting combinations Typically, such a scheme is used for personnel who belong to approximately the same category.
For example, employees belonging to the same department can replace each other. After all, then the citizen is better acquainted with the specifics of the work ahead, and will more effectively cope with his duties.

How can an employee be given additional responsibilities?

Info

On this page:

Why assign duties to an employee?
Documents regulating duties
Additional responsibilities within the same position
Two Ways to Assign Responsibilities of Additional Positions
Step-by-step plan for imputing additional responsibilities
If the employee is against

Employers want their employees to perform their duties well. But the needs of the enterprise change, and it is necessary to adjust the functionality of employees.

Sometimes employees are forced to take on additional work, and not always in accordance with their specialization. Is the consent of the subordinate required for additional responsibilities? How to document this? We understand in this article.

Why assign duties to an employee? Once and for all, a certain range of duties is, unfortunately, a utopia.

Who can be entrusted with the temporary duties of an absent employee?

For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this.

In such cases, it is envisaged that the duties of a temporarily absent employee be assigned to another person. How to arrange it correctly? In this situation, there are subtleties that both the personnel officer and the manager are required to know.

Attention

Yes, and employees will benefit from an increase in the educational level. Let's look at how the duties of a temporarily absent employee are assigned, what each side of the process should focus on.

Options for solving the problem It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposed two options for solving the problem.

Is it possible to assign additional responsibilities to an employee and how to do it?

For example: RUSSIAN FEDERATION LIMITED LIABILITY COMPANY "VETER" ORDER "06" March 2015 No. 17-P City of Samara staffing enterprises of the position of chief mechanic I order:

Assign the duties of the chief mechanic to the chief engineer Timofeev A.V.
I reserve control over the execution of this order.

Director of OOO "Veter" Karpov I.

I. Acquainted with the order: Chief Engineer Timofeev A. V. Date Signature If a certain additional payment is established for the performance of duties, this fact is reflected in the order as a separate item.

Responsibilities of a cashier If there is no cashier unit in the state, then the order may look like this. But there are often situations when there is a vacant position, but the management is in no hurry to hire an individual employee for it.

Order on the assignment of duties: the subtleties of the issue

In some cases, this does not even require consent from the employee. For example, when there is a general production need.

It is assumed that the part-time worker performs both his main work and additional. This period is usually also associated with the following concepts and phenomena:

Recalculation wages, to the big side.
Significant expansion in the service area.
Increasing the direct amount of work.

In the case of formalizing verbal agreements Oral agreement on the assignment of duties to an employee Oral agreement allows you to avoid many formalities.
The manager does not have to spend a lot of time on paperwork.

Documentation of temporary substitution What documents need to be issued when establishing a temporary substitution for an employee Before you issue a temporary substitution of professions (positions) to an employee, you need to obtain his written consent. To do this, conclude an additional agreement with the employee to the employment contract.

Specify in it:

work by position, its content and volume;
the amount of additional payment for temporary replacement of professions (positions);
the period during which the employee will perform additional work.

This conclusion can be drawn from part 2 of article 57, articles 60.2, 72, part 2 of article 151 Labor Code RF. if the organization cannot determine the moment the absent employee enters work, then do not fix the specific date for the end of temporary replacement in the supplementary agreement.
For example, in connection with a vacation, illness, business trip, advanced training, etc. In addition, when combining, you can only perform additional work in a different profession or position. In case of temporary replacement, an employee can perform duties both in positions of the same name (professions) and in different ones. This follows from the provisions of Article 60.2 of the Labor Code of the Russian Federation. Work time with temporary substitution What is the duration of the employee's working hours with temporary substitution The temporary substitution regime assumes normal working hours. That is, the employee performs additional work along with the main work during the working day (shift) established for him. This is stated in part 1 of article 60.2 of the Labor Code of the Russian Federation.
Managers prefer to write instructions because they perform several functions at once:

drawing up specifically for each employee, depending on the situation;
elimination of duplication of similar work tasks;
division of responsibility;
removal of possible disagreements;
significant simplification of the organization of work.

As a basis, you can take the Unified Tariff and Qualification Guide for work and responsibilities. But many of its provisions are considered outdated and do not reflect the current needs of leaders.
Local authorities have the right to adopt their own amendments to this provision. The content of the job description is determined directly by the head.

Themes:
Vacation

Question Tell me, can the head of the structural unit officially, by order, while on vacation, come to work and sign various current documents and give orders. Please refer to documents. Thank you! Answer Answer to the question: Yes, it can, if you issue a review from the vacation.

According to the general rules, vacation is a time of rest, that is, the time during which the employee is free from performance job duties and which he can use at his own discretion (Articles 105, 106 of the Labor Code of the Russian Federation). The employer has the right to recall the employee from vacation, with his consent (http://budget.1kadry.ru/#/document/130/50191/).

It should be noted that the very fact of exercising powers by an employee during the vacation period is not prohibited (Articles 20-22 of the Labor Code of the Russian Federation).

Sometimes in organizations there may be such a situation when one employee needs to do not only his own work, but also the work of a temporarily absent colleague.

In this case, the employer needs to take care of the proper execution of the relevant documentation. It is important to know that this situation requires the mandatory issuance of an order imposing the relevant duties on the employee, and he must sign it.

Design nuances

Legislatively, the imposition of additional duties is considered in article 60.2 of the Labor Code of the Russian Federation, where it is noted that such work can be entrusted to only with the written consent of the employee and for an additional fee.

At the same time, in order to perform the functions of an absent employee without removing duties for the main activity, an employee can be entrusted with additional work both in his profession and in another.

An agreement on the assignment of additional work can be drawn up in the form of an additional agreement to an employment contract or in the form of a separate document. It must specify the list of sane duties and the amount of additional payment for their performance.

Such an agreement can either be valid until the expiration date, or terminate at the initiative of the employer or employee.

When to draw up

Such an order is required in several cases. Consider the most common of them:

The combination of two or more professions or positions. For example, due to the temporary absence of a personnel officer, this work can be assigned to an accountant. At the same time, the employee will be required to do his job and at the same time cope with new responsibilities.
Increase in service area or scope of work. For example, a dispatcher working in a taxi needs to receive calls from several areas of the city. In this case, the amount of the surcharge is often a controversial issue.
Performing the duties of an employee who is temporarily absent from the workplace. The most common reasons for this situation are regular vacations, illnesses, business trips, parental leave and other reasons.

Publication order

The employer needs to know that the employee must be familiar with the order, as evidenced by his signature. If he refuses to sign the document, the employer does not have the right to insist on the assignment of duties. It's against the rules labor law.

The order on the imposition of new duties can be issued in free form, the legislation does not provide for a strict framework for it. However, there are a number of important elements to note:

Cause imposing additional responsibilities. For example, it can be a vacation of an employee who performs this work, staff reduction, illness and other reasons.
Position. This item is indicated only when the assigned work relates to another position.
Term during which the employee is assigned duties. This may be a strictly defined period, a condition may also be indicated, upon the occurrence of which the need to perform duties ceases (exit from parental leave, exit from next vacation etc.)
New responsibilities- their list, content and volume. In this paragraph, it is necessary to list in as much detail as possible all the duties assigned to the employee. This will eliminate the occurrence of conflict situations and misunderstandings.
Surcharge amount. This item is at the discretion of the employer, but most often the amount of payments is discussed with the employee in advance.

It is important to take into account that when assigning additional work to an employee, it is necessary to conclude an additional or separate agreement concluded within the framework of labor legislation. The number and date of this document must be referred to in the first paragraph of the order.

The order drawn up in this way is first signed by the head of the company. After that, it is necessary to familiarize the employee with its text. In the event that the latter refuses to sign the document, it is necessary to draw up an act and select another candidate to assign the relevant duties.

All orders in accordance with the rules of document flow are registered in the journal of orders, where they are assigned a serial number, and the date of compilation is indicated.

In accordance with article 19 of the List of standard documents indicating the periods of storage, such documents must be stored for 75 years.

How to draw up an order on the assignment of duties and in what cases is it drawn up? What nuances to consider if the director of the enterprise goes on vacation? Read about everything in our article

Read our article:

How to write an assignment order

There is no statutory form for an order to perform the duties of a temporarily absent employee. It, like other orders, is printed on the company's letterhead or on a regular A-4 sheet. In the first case, all the details of the legal entity are already in the header of the form, in the second case, they need to be added additionally: name, address, TIN, KPP, etc.

Each company draws up an order for the assignment of duties in its own way, but the document must indicate:

name of the order, date of issue and number;
what position is being filled;
which of the employees will temporarily perform other people's functions;
whether the substitute is entitled to additional payment or not;
How long is a substitute appointed?
what exactly a person will have to perform in a position to be replaced;
the basis for assigning new functions is usually an additional agreement to an employment contract.

When it comes to replacing the leadership, the order is supplemented by a power of attorney, which will allow the deputy to sign documents that are usually signed by the head.

In what cases are responsibilities

It happens that one or another employee for some reason is absent from work. In this case, one of the solutions to the problem would be to assign the duties of the absent specialist to another person. Management must decide how to assign them to the employee:

to transfer someone to the place of an absent person, making the fulfillment of an empty position a priority - the transferred person will temporarily leave his job;
assign additional duties - the deputy will have to perform both his own and other people's functions;
accept a new person.

All these nuances must be included in the order on the performance of the duties of a temporarily absent employee.

The reasons why management is forced to entrust the employee with the performance of other functions may be different:

the main employee is absent from the workplace due to vacation, illness, business trip, etc.;
the previous specialist quit, but the new one has not yet been accepted;
in extraordinary cases, it is necessary to fulfill the duties inherent in a position that is not in the staff list of this company.

There are no restrictions on attracting any of the employees to replace, but you need to take into account the required level of education, competence and the availability of the necessary documents for the deputy: licenses, driver's licenses, etc.

note

Application for additional payment for a temporarily absent employee

Whether the replacement will be formalized as the assignment of duties without exemption from the main job with or without additional pay, the employer decides. If the company's management has determined that the replacement will be paid additionally, an employee who agrees to work for a colleague must write a statement. It fixes the list of duties that the deputy will need to perform, the period for the temporary performance of someone else's work and the request for payment, on which the employee and the manager agreed.

Is it possible to assign duties without additional payment with the consent of the employee

It is possible to charge an employee with duties to perform the work of a colleague for free during his absence, but with reservations. If a similar approach is practiced in a company, a standard employment contract should immediately include a condition that for the period of absence of one of the employees, his work is assigned to a colleague with similar functions. Separately, it is necessary to mention the free of charge of such a combination. But if initially there was no such condition in the employment agreement, this option cannot be used.

Another way is to change the job description. Then the employment contract will also change, since it must reflect the functions assigned to such a position. The additional agreement to the contract displays new conditions, but it must be borne in mind that the employee must agree to them by expressing his consent in writing.

Order on the assignment of duties during the sick leave

Substitution in case of illness of one of the employees is regulated by Art. 72.2 of the Labor Code of the Russian Federation. If you have to assign the execution of the functions of a sick employee to his colleague, you need to issue an order to assign duties for a while sick leave. You can develop your own template for such a document, or you can use the unified forms T-5 or T-5a. The basis for writing the order will be a report or a memo explaining the situation: the person fell ill and before he recovers, duties must be transferred to another employee.

When independently compiling an order on the assignment of duties to the time of the sick leave, one must adhere to the following structure:

name and details of the company and the document itself - PSRN, TIN and address
Name and position of the substitute employee;
the position and full name of the whitened employee, in whose place another specialist will work;
the main duties to be performed;
replacement period;
the basis document for issuing the order;
surcharge or lack thereof;
the signature of the head and the signature of the substitute employee on familiarization with the document.

Director on vacation: who signs the documents

The assignment of the duties of a director for the period of vacation to another employee is associated with the need to legally secure the right to sign financial and other business documents official who do not have such powers permanently. The rights and powers of a substitute employee and may be limited. As a rule, his duties include:

Control over production and economic activity organizations.
Signing of all financial, organizational documents.
Organization personnel management.
Organization and conduct of business negotiations.
Representation of the enterprise in administrative institutions.

In connection with being on vacation, the director can transfer his powers for any period, even for several days - after all, the need to make decisions, approve papers and other organizational issues may arise at any time.

Order on the assignment of duties of the director during the holidays

Enterprise order. The order does not have a legally approved unified form, it must contain the following details:

Full name of the organization.
Number, date of creation, place of creation.
The basis for issuing an order is an indication of the number and date of the order on the vacation of the head.
The period for which an employee is appointed as acting director.
Functions and powers assigned to the employee.
Reward for expanding responsibilities.

In addition, the order for the assignment of duties during the vacation should specify whether the employee retains his main official duties, or at the time of replacement, he transfers them to other employees. If a substitute employee is given the right to sign documents, this must be reflected in the order.

The order must be personally signed by the director of the enterprise. Using fax or electronic signature not allowed. The signatory may be a manager who gives the employee his powers in connection with going on vacation, or a person who has a power of attorney to sign such administrative documents. Stamping the order is not required.