Responsible for the execution of work sample order. Assign duties without releasing from the main job

You can issue the assignment of additional duties to the employee in the form of a combination. This article discusses the features of the application of various options.

Now, when organizations are saving on staff, many of the functions that a new employee was hired to perform before the crisis are being distributed among the old ones.

When concluding an employment contract (contract) in accordance with Art. 19 Labor Code RB (hereinafter referred to as the Labor Code), between the employer and the employee, the labor function of the employee is determined (work in one or more professions, specialties, positions, indicating qualifications in accordance with staffing employer, functional duties, job description).

The range of functional duties that each employee must perform in his profession, specialty, qualification or position is determined by the Uniform Tariff qualification handbook jobs and professions of workers, the Unified Qualification Directory of positions of employees, job (work) instructions, regulations, technical rules, regulations.

Wherein functional responsibilities employee are among the essential terms of the employment contract (contract). A complete listing of the employee's functional duties, as a rule, is set out in the job (work) instruction, and the employment contract (contract) provides a direct link to these instructions.

When hiring, the employer is obliged to familiarize the employee against signature with the assigned work, conditions and remuneration and explain his rights and obligations (clause 2 of article 54 of the Labor Code). The employer has no right to require the employee to perform work not stipulated by employment contract, with the exception of cases provided for by legislative acts (Article 20 of the Labor Code).

The employer is obliged to organize the work of employees in such a way that everyone performs work according to their specialty and qualifications in accordance with the position or profession specified in the concluded employment contract during working hours. In the Labor Code, there are 2 similar ways to assign additional duties to an employee: internal combination and combination of professions (positions). Let's figure out which option is more suitable for your situation.

How is combination different from internal combination

Both the combination of professions (positions) and internal part-time work means that the employee, in addition to the main one, has some additional work in the organization. Moreover, it does not have to be associated with the main position (for example, it is not forbidden to combine the work of a telephone operator and, for example, a courier). The difference between combination and part-time work is subtle, but fundamental for workflow. The combination means that the employee has additional responsibilities in addition to the main job in the organization.

The legislation establishes that combination is the performance by the same employer, along with his main job, stipulated by an employment contract, of additional work in another profession (position) or the duty of a temporarily absent employee without releasing his main job during the duration of the working day established by law ( work shift) (part one, article 67 of the Labor Code).

IT IS IMPORTANT! When combining both work - both main and additional - the employee performs in working time. But internal part-time work assumes that the employee, having completed the main job, proceeds to additional work. Thus, he performs part-time work in his spare time from his main job. At the same time, he occupies a part-time corresponding vacancy.

The legislation establishes that combination - this is the performance by an employee, in his spare time from his main job, of another permanently paid job for the same or for another employer on the terms of an employment contract (part one of article 343 of the Labor Code). The length of working time set by the employer for part-time workers may not exceed half normal duration working hours, established by Art. 111-114 of the Labor Code (Article 345 of the Labor Code).

In accordance with the provisions of Art. 346 of the Labor Code, remuneration for part-time workers is made in proportion to the time worked. When establishing part-time jobs with time wages of normalized tasks, payment is made according to the final results for the amount of work actually performed. Work performed by part-time employees with the same employer in the performance of another function, as well as with another employer in excess of the main work time, is not recognized as overtime (clause 3 of the second part of article 119 of the Labor Code).

It is clear that at what time the employee is engaged in the main work, and at what additional, most often it is not tracked in any way, and this is impossible. Therefore, as a rule, it is possible to issue both an internal part-time job and a combination - to choose from. The exception is situations where it is obvious that it is more correct to apply one or another option. For example, the courier is assigned the duties of an operator on the phone specifically in the evening hours.

It is clear that in this case it is more correct to issue an internal part-time job. But if you do not specify exactly what hours the courier also works as a telephone operator, you can arrange both a part-time job and a combination job. Meanwhile, it is easier to arrange a combination: there will not be as many documents as with a part-time job, and the accountant will be able to avoid conflicts with inspectors, who often find fault with the calculation of individual payments to part-time workers.

In addition, if the organization no longer needs the employee to perform additional functions for a fee, it is much easier to terminate the agreement with him when combining than with part-time employment.

Combination requires fewer documents than concurrency

If the employee combines duties, it is not necessary to draw up a second employment contract, as with part-time employment. It is enough to conclude an additional agreement with the employee to the current employment contract. In agreement the following conditions must be specified:

Additional responsibilities and the period of time during which they should be performed;

The amount of additional payment for work;

Make a record that the employee agrees to combine 2 or more professions (positions).

When establishing an employee in accordance with Art. 32 and 67 of the Labor Code of combination, it is necessary, due to justified production, organizational or economic reasons, to notify the employee in writing no later than 1 month in advance of a change in essential working conditions (establishment of a combination).

If the employee agrees, issue an order (instruction) to establish a combination. If the employee refuses to continue working due to a change in essential working conditions, it is necessary to issue an order for his dismissal in accordance with paragraph 5 of Art. 35 of the Labor Code, make the final settlement, make an entry in work book and give it to the employee on the day of dismissal.

In addition, it should be noted that in order to assign additional duties (additional functions) to an employee in another profession (position), there must be justified production, organizational or economic reasons. Otherwise, the dismissal of the employee in connection with the refusal to continue working with the changed essential conditions labor under paragraph 5 of Art. 35 of the Labor Code can be regarded as illegal.

Important conditions

When entrusting an employee with additional work or assigning additional functions in another profession (position), consider the following important conditions:

Additional work (additional functions) should not impair the quality of the main work performed by the employee;

The assignment of additional work (assignment of additional functions) should be economically feasible;

The performance of additional work (functional duties) in the relevant profession (position) requires the employee to have the appropriate qualifications.

Thus, additional work (functional duties) can only be entrusted in writing and subject to the above conditions. Please note that when combining, it does not matter how many hours the employee needs to complete additional work. But part-time work cannot take more than 4 hours a day, with the exception of cases provided for by law (50% of the monthly norm).

When combined, there are no such restrictions. This means that the amount of the additional payment can be any - not necessarily half the salary.

Simplifies the work and the fact that the time that the employee spent on additional duties does not need to be reflected in the time sheet. In addition, an entry about part-time work in the work book of the employee is made at the request of the employee at the place of his main job (clause 6 of the Instruction on the procedure for maintaining work books of employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 09.03.1998 No. 30).

The basis for the entry is a document confirming part-time work (the order of the employer, if the part-time job is established within the same employer, or a copy of the order of another employer for whom the employee works part-time). The entry is made according to the general rules established by the said Instruction, with an additional indication that the employee is hired part-time. In case of combination in the work book Additional Information usually not included.

It is easier to remove additional responsibilities when combining than when combining

When combined, it is assumed that the employee performs additional work temporarily. The organization has the right at any time to stop involving an employee in additional work, it is enough to issue an order from the director. To terminate an employment contract for part-time work, one must be guided by other rules.

If the management decided to hire a new employee, then the internal part-time worker should be warned about this. His consent is not required in such a situation. But if there is no need for a part-time worker for other reasons (for example, due to a reduction in the amount of work), then general rules apply. That is, it will be possible to terminate the contract in combination only for the reasons listed in the Labor Code (for example, by agreement of the parties).

Aleksey Parkhimovich, Leading Labor Economist

Fulfillment of the duties of a temporarily absent employee of the Labor Code of the Russian Federation allows you to draw up in several ways: with the help of a temporary transfer of another employee of the enterprise, by assigning duties to someone from the staff without being released from the main labor function, or by hiring a new employee. To avoid conflicts between employees and management, as well as problems with supervisory authorities It is important to understand the design features of each of these methods.

When a temporary transfer may be needed to replace an absent employee, assignment of his duties to another, etc.

In a number of cases, labor legislation provides employees with guarantees of exemption from labor with the preservation of their jobs. According to the Labor Code, the circumstances giving the right to do so include:

The presence of a medical certificate, according to which the employee is not allowed to perform the main labor function for up to 4 months. In this case, the specialist is transferred to another (available to him) job or is completely released from performing duties if the transfer is refused (Article 73).
Annual leave (art. 114).
A business trip to which an employee is sent by order of management (Article 167).
Passing intermediate and final certification when receiving education in correspondence, evening or part-time form of education (Article 174).
Birth of a child and caring for him: up to the age of 1.5 years - with payment, from 1.5 to 3 years - without it (Article 256).

There are other cases when an employee may not be present at the workplace with the preservation of the latter, including for a shorter period. These include the performance of the duties of a juror (as well as other public and public duties established by law), passing medical examinations, donating blood, additional vacations in the presence of a disabled child, etc.

In such situations, the duties of the absent worker must be performed by someone else. Substitutions can be made in a variety of ways:

temporary transfer of another employee to the place of the absent one (Article 72.2);
assigning the duties of an absent employee to one of his colleagues without transfer (Article 60.2);
conclusion of a fixed-term employment contract with another employee (Article 59).

The choice of a replacement method depends on the decision of the employer, which, in turn, is made taking into account a number of factors (we will discuss them in more detail below). It seems that it is advisable to do it based on the duration of the absence of the main employee and the conditions in which his labor function is performed.

Temporary transfer for the period of absence of the main employee to perform his duties

The provisions of Art. 72.2 of the Labor Code of the Russian Federation establish the possibility of transferring an employee, including for the performance of duties of an employee who is temporarily absent from the workplace, but at the same time has the right to return to work after the grounds for absence are exhausted. By general rule(in accordance with part 1 of the specified norm), such a temporary transfer is possible only in cases where the employee himself expresses consent to it (in this case, consent must be drawn up in writing).

However, part 3 defines a special condition when it is not necessary to obtain consent for a temporary transfer from an employee. This is permissible if the need for such a transfer is caused by circumstances of an emergency nature, the need to prevent them or eliminate their consequences. The term of such transfer cannot exceed a calendar month.

A temporary transfer within the framework of part 3 can only be made to a position, the replacement of which requires qualifications no lower than for the position occupied by the employee before the transfer. If the employee gives his consent, then he can be transferred to a less qualified job - however, in this case, the legislation guarantees such a specialist wages not below the average for the main place.

With the correct execution of such a transfer, the absenteeism of the transferred employee is the basis for bringing him to disciplinary responsibility, as evidenced, among other things, by the section of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004 No. 2, dedicated to changing the employment contract.

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Performing the functions of a temporarily absent employee by assigning his duties to another employee without interruption from the main job

Settlement of the issue of the performance of the function of the absentee certain time employee by another employee of the enterprise (organization) without exemption from the main work is carried out in accordance with Art. 60.2 TC. In this case, the procedure for assigning duties is formalized by an internal legal act, which determines the list and scope of assigned duties, the amount of additional payment for their performance and the period for which these duties are assigned to another specialist.

To implement such a procedure, it is required that the following conditions established by parts 1 and 2 of this article be met:

The management of the enterprise from the employee who is planned to assign duties should receive written agreement.
Additional work must be performed during the working day, the duration of which is determined in accordance with internal rules.
The increased amount of work must be carried out in the same organization where the main place of work of the employee is located.
Such work should be paid additionally (the amount of payment is established by mutual agreement of the parties).

An increase in the volume of work performed may be associated with the performance of the function of an absent employee, both in the same profession and in another. For example, when one of the accounting employees goes on vacation, his duties can be assigned to any other accountant (with his consent), due to which the latter actually simply increases the amount of work. Approximately the same situation arises, for example, when assigning the duties of a courier on vacation to a secretary. However, in this case, the increase in volume occurs already due to the fulfillment of the duties of an employee of a different profession.

Temporary replacement of an absent employee by a newly hired one

In the event of a prolonged absence of the main employee from the workplace, legal grounds it is advisable to resort to concluding a fixed-term employment contract with a new specialist. This procedure is allowed by law (part 1 of article 59 of the Labor Code) and is regulated general rules chapter 11 of the Labor Code on the procedure for registration labor relations.

The main feature of concluding an agreement with an employee, which is accepted for the period of impossibility of performance of labor duties by the main specialist, is the obligation to mention that it is concluded on certain period, indicating such a period. The period for which new employee accepted by the enterprise, depends on the duration of the absence of the main specialist, but according to the rules of Art. 58 of the Labor Code cannot exceed 5 years. If, for any reason, there is no condition on the duration of the contract, it is considered concluded for an indefinite period. As a result, when the main employee leaves, serious legal problems, since it is impossible to simply dismiss the substitute in this case. Thus, when concluding a contract in such a situation, one should be extremely careful about the clause on the term of its validity.

IMPORTANT! Instead of a specific end date of the employment contract, it is allowed to indicate that it is concluded before the main employee enters work (paragraph 1, part 1, article 59 of the Labor Code). In this case, there will be no difficulties with the dismissal of a substitute worker.

Another feature of the regulation of labor relations with such an employee is the possibility of establishing probationary period. So, if a person is accepted to perform work for a period of up to 2 months, a test cannot be established for him by virtue of paragraph 7 of part 4 of Art. 70 TK. If the term for performing the labor function is expected to be up to 2 to 6 months, then a test can be provided for in the contract, but its term will differ from the general one and cannot exceed 2 weeks, on the basis of part 6 of the same article.

Otherwise, the registration of labor relations is based on general principles and is regulated by general rules, regardless of the duration of the contract.

Calculation of the deadlines for the completion of the performance of duties of a temporarily absent employee

The most relevant issue of the specifics of calculating the expiration date of the contract is when performance of the duties of a temporarily absent employee hired by a new specialist. As a general rule, in this case, the employment contract does not indicate the exact date of its end, but the event that is the basis for the termination of the employment relationship.

In addition, according to part 1 of Art. 79, if the employment contract specifies the condition that new employee is accepted on a temporary basis until the main employee leaves, the employer is not obliged to warn about the termination of such an agreement. In this case, the day of completion of the performance of the labor function (and, accordingly, dismissal) is the day the main specialist enters work.

A similar situation develops when an employee temporarily transferred to perform the duties of an absent person returns to his former place. The dismissal of a substitute in such a situation is carried out on the day when the main employee began to fulfill his duties, which follows from Part 1 of Art. 72.2, and from the norm indicated above.

In the case of assigning the duties of an absent employee to another person, the administrative document often (legally this is in no way prohibited) indicates the exact period for the performance of such duties, which can be extended subsequently by mutual agreement of the parties. The employer has the right to release from the performance of duties ahead of schedule only by warning the other party 3 days in advance. 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, 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 an employment contract with another person. For the assignment of duties and temporary transfer, as a general rule, the written consent of the employee is required. Hiring a new employee on a temporary basis vacancy carried out with features (indication of the urgency of the contract, a shortened test period or its absence). The day of termination of the performance of duties is the day of the return of the main specialist to the performance of his labor function.

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 the replacement, but it is necessary to take into account the required level of education, competencies and the availability of required documents: 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 such a condition in labor agreement was not, this option will not work.

Another way is to amend 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 his recovery, 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 connected with the need to legally secure the right to sign financial and other business documents by an official who does 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 on the assignment of duties during the vacation should specify whether the employee retains his main job responsibilities, or transfers them to other employees during the replacement. If a substitute employee is granted 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.

14.12.2018

If you go on vacation while you are away, you may need to make a replacement. The duties of the person who went to rest will be performed by another employee.

Exist different ways substitutions: temporary, combination of positions, increase in the volume of tasks. The employer assigns the duties of a temporarily absent person to another employee.

How to assign the duties of a temporarily absent employee under the Labor Code of the Russian Federation?

The authorities can use any convenient way to replace vacationers.

Important! Available multiple replacement options employee, and each has its own characteristics. The employer can choose any method convenient for the company.

Substitution methods absent employee for a while:

Combination posts. In this case, the employee will combine the duties of a vacationer along with his usual work.
part-time. Man will spend his free time to the tasks of a vacationing employee. Suppose a part-time worker will stay after work or come on weekends.
Temporary transfer. An employee of the company will only perform the duties of a vacationer. He will not do his work during this period.
Hiring a temporary worker. Is fixed-term contract for the duration of the citizen's leave. An outsider is involved to perform the duties of a temporarily absent employee.

Regardless of the chosen replacement method, you will need formalization of changes In the organisation. For this, special documents are used, which will be discussed below.

Sample memo for the execution of the affairs of the main employee

Service note for the performance of the duties of the absent and their assignment to another person not used in all cases.

However, it is a convenient document that is used within the company.

No specific drafting requirements service, however, when writing, you should adhere to the sample presented below.

With its help, it will be easier to draw up a memo, which in the future will make it possible to record the decisions of managers.

In a memo on assigning the duties of one person to another for the period of vacation, it is necessary to clarify the following points:

To whom is sent document. For example, the general director (full name).
the date design.
Name document, for example, a memo on the assignment of duties during the holidays.
Cause employee replacement.
Who will act as a substitute.
From whom sent a note, position and signature this person.

The company may have its own established template for a memo. If not, then the document will be in free form, but the above data will need to be included in it.

Download Sample memo to replace an absent employee -:

Sample Declaration of Consent

Additional work on a combination basis for the period of absence of the main employee due to vacation is assigned only after obtaining the consent of the substitute.

Because the employee should not mind taking on more responsibilities for a while.

A person can himself send an application in which he asks to entrust himself holiday tasks.

In this case, you should specify the recipient, as well as the sender, specifying the positions and full name.

The text might look like this:“In view of the departure of Ivanov I. I., I ask for an additional payment to assign to me from 04.04.2018 to 04.15.2018 his duties as a secretary in the order of combining posts.”

Be sure to put the date of application and your signature.

Important!The employer himself can send an offer to the employee to combine positions for the period of replacement of the absent.

In this case, the person will be notified that it is possible to temporarily perform the duties of an employee. It will also tell you what the extra charge is. If the employee agrees to the proposal, he will need to put his signature.

Sample Application on consent to the combination of positions and the performance of duties of another person who is on vacation -:

sample order

Necessarily there must be an order about combining duties. It should indicate the reasons why the employee is being replaced.

You also need to write dates when another employee will perform duties vacationer.

It is indicated Will the person be paid extra? and additional terms and conditions are listed.

It is necessary to indicate on what grounds the order is being created: a memo, personal consent, an additional agreement to the employment contract.

The following is the data of the director and those people with whom the decision was agreed. They must sign their name for the order to take effect. Also, the employee himself is required to familiarize himself with this document.

Download Sample order on the imposition of duties on vacation -:

How to calculate the additional payment for combining positions?

The issue of additional payment for additional duties assigned to the employee is dealt with by the organization that needed to arrange a combination or part-time job.

You can pay depending on the volume of tasks actually completed or calculate the money according to the hours worked.

For convenience, we present possible variant wages.

Calculation example

Terms:

The store's cashier went on vacation for two weeks in February 2018.
This period will be 10 business days.
He has a salary of 15,120 rubles.
For the period of vacation, the duties of a cashier are assigned to another employee on a part-time basis.
For more work, he is entitled to an additional payment. For part-time work, the boss pays 50% of the salary.

Calculation:

To calculate the amount of the additional payment for replacing this person during the vacation, the following formula is used: 15,120 x 50% / 18 working days in February = 420 rubles.
For a day in February, a part-time worker will be paid 420 rubles. This means that in 10 working days it will be possible to receive 4,200 rubles.
Additionally, personal income tax of 13% should be deducted, as well as accrued insurance premiums at a general rate of 30% plus 0.2% in the FSS for injuries.

According to this principle, the authorities can calculate the monetary reward that will be due for combining positions. Specific the amount is written in advance in the documents, so the employee can first get acquainted with the amount of the surcharge.

If the director goes to rest

The director of the organization has the right to go on vacation, but before that he must delegate their authority to another employee.

You can choose any employee of the company who has enough knowledge to complete the tasks. Often the company has a deputy director, and it is he who is assigned duties.

Tasks include signing contracts, documents and reports. It may also be necessary to represent the company in government bodies and courts.

To shift the responsibilities the director will need to issue an order for temporary execution tasks of the head of the substitute employee.

The document specifies the date, as well as the reason why the director temporarily leaves. Next, you will need to order to assign the duties of a director to another employee. A specific period is indicated when replacement is required. If desired, you can specify exactly what powers are transferred to the deputy.

sample order on assignment of duties CEO while on vacation:

After the order comes into force, the director will be able to go on vacation. At this time, a replacement person will perform tasks instead of him.

It is best when he is a full-time deputy, because his duties for the period of the director's vacation will be spelled out in the employment contract. However, you can choose another suitable employee of the company.

Useful video

How to fill in the replacement of a temporarily absent employee according to the Labor Code of the Russian Federation, how to transfer the performance of duties to another employee - see in the video:

When an employee goes on vacation, it is necessary to select a replacement for him to perform duties during the period of absence. Management chooses a convenient method of substitution at its discretion. The main thing is to correctly draw up the documents and obtain the consent of the substitute person in writing.

For additional work, an additional payment is due, the amount of which is determined by the internal regulations of the company.

The courts quite clearly indicate that the imposition of additional duties on the employee, if they are not specified in his job description, is unacceptable.

When accepting a new employee, the employer concludes an employment contract with him. This document is fundamental in the relations of the parties to labor relations, since it is he who contains the labor function of the employee, which, in accordance with Art. 57 of the Labor Code of the Russian Federation is the performance of work according to the position in accordance with the staffing table, profession, specialty, indicating the qualifications or the specific type of work assigned to the employee.
In accordance with Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.
An employee can perform work not stipulated by an employment contract, for example, replacing an absent employee, but in any case, this must be justified from the point of view of labor legislation and properly executed.
But there are cases when an employee is instructed to perform work that he should not do, without formalizing a transfer or combination. What does the jurisprudence say in such cases?
The job responsibilities of the employee, prescribed in the employment contract or job description, must be clearly defined, understandable and correspond to the position occupied by the employee. Some employers, when compiling a job description, include in it such an item as the fulfillment of other instructions of the immediate supervisor. What kind of assignments in this case should the employee perform and can he refuse if he considers that the assignment does not correspond to his position?

Example. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Komi Republic dated June 14, 2012 in case No. 33-2195AP/2012.
The plaintiff filed a lawsuit against CJSC "XXX" to cancel the order from ... N ... on the obligation to provide work stipulated by the employment contract and job description, the obligation to provide necessary equipment and technical documentation to perform work, referring to the fact that the order from ... N ... imposed on him an obligation not provided for by the employment contract and job description.
At the hearing, the plaintiff supported the requirements.
The representative of the defendant at the hearing did not recognize the claims.
From the materials of the case, it appears that the plaintiff works at a branch of ZAO XXX.
Order N... employment contract with the plaintiff was terminated due to absenteeism without good reason. By the effective decision of the Vorkuta City Court, the plaintiff was reinstated at work.
By order of the supply director of FZAO "XXX" dated ... N ... in order to properly monitor compliance with storage conditions material assets the plaintiff is obliged to inspect the conditions of storage of goods and materials, equipment in the period from ... to ... in the structural divisions of the defendant and, based on the results of the inspection of each joint venture, submit a written report to the director of the DMTS on the last day of the inspection of the structural division.
Disagreeing with the order, the plaintiff filed a memorandum addressed to the procurement director, in which he indicated that the assignment of work on the order from ... N ... is work that is not provided for by his job description and job duties.
By order of the HR Director of FZAO "XXX", the plaintiff was reprimanded for failure to perform labor duties, expressed in failure to comply with an order from ... N ...
Having assessed the evidence collected in the case in their totality, the court of first instance concluded that the contested order was legal, based on the fact that the work assigned by the defendant - checking the conditions for storing inventory items and equipment - is included in the main duties of the position in which the plaintiff works, and by virtue of clause 2.1.2 of the employment contract, the plaintiff undertook to fulfill oral and / or written assignments, assignments, instructions and instructions from direct supervisors that were not provided for by the job description, but related to tasks and areas of activity.
Meanwhile, it is impossible to agree with the indicated conclusions of the court of first instance, since the circumstances relevant to the case are incorrectly identified.
In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor obligations assigned to him by the employment contract.
Articles 15, 57 of the Labor Code of the Russian Federation establish that the labor function is understood as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee.
The realization of the right to conclude an employment contract is directly related to the employee's right to perform work that corresponds to the labor function defined by the concluded employment contract.
The name of the position, specialty, profession, indicating qualifications is a mandatory condition of the employment contract. They define the responsibilities of the employee. The legislator prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).
In accordance with the employment contract concluded between the parties, the plaintiff assumed the performance of the duties of a specialist in accordance with the job description; undertook to carry out oral and / or written assignments, assignments, instructions and orders of immediate supervisors, other competent officials and authorized representatives of the employer, not provided for by the job description, but related to the tasks and areas of activity.
From the text of the job description, it is seen that the main purpose of the position ... is the timely approval in the SAP system and the high-quality execution of requests for the purchase of goods and materials with the performance of all the necessary operations for this. At the conclusion of the employment contract, direct duties and joint duties were determined. Joint responsibilities include conducting annual and selective inventories at UMTS warehouses.
Indeed, in accordance with the Regulations on the Directorate for Logistics of the branch of CJSC "XXX", the main activities of DMTS include monitoring compliance with the storage conditions of goods and materials and equipment in warehouses structural divisions JSC "ZZZ"
Taking into account the labor function of the plaintiff, related to the fulfillment of applications for the purchase of goods and materials, the judicial panel believes that imposing on the plaintiff the responsibility for checking the conditions of storage of material assets in the warehouses of the defendant's structural divisions is not included in the main duties of the employee established by the job description. The defendant's reference to clause 2.1.2 of the job description, in accordance with which the plaintiff undertook to comply with the instructions of the immediate supervisors, which are not provided for by the job description, but related to the tasks and areas of activity, in this case cannot be taken into account, since the assignment of duties to the employee for all types of activities, DMTS, not related to the labor function determined by the concluded labor contract, violates the principle of certainty of the labor function performed by the employee.
As seen from the case file, in violation of the requirements of labor legislation, the employer entrusted the plaintiff with the performance of work not stipulated by the employment contract, knowing that the plaintiff did not agree to comply with this order, he decided to bring the plaintiff to disciplinary liability.
Application disciplinary action for failure to perform duties not provided for by the employment contract is unreasonable, and therefore the contested orders are illegal.

The employer issues an order imposing additional duties on the employee. Should an employee be penalized for non-compliance?

Example. Determination of the Judicial Collegium for Civil Cases of the Tambov Regional Court dated July 11, 2012 in case No. 33-1536.
The enterprise issued an order to conduct timekeeping of the working time of the administrative and managerial apparatus in central office and in branches.
On September 29, 2011, a memorandum was addressed to the General Director about the plaintiff's failure to submit work time cards.
On 10/03/2011, the plaintiff reported the reasons for the absence of timekeeping cards, explaining that he does not belong to any category of subjects covered by this order. Order No. 21.10.2011 imposed a disciplinary sanction on him in the form of a reprimand for his failure to fulfill, through his fault, the labor duties assigned to him.
The plaintiff filed a lawsuit against JSC "XXX" to cancel the above penalty.
By the decision of the Oktyabrsky District Court of Tambov dated March 21, 2012, the plaintiff's claims were satisfied in full.
Satisfying the claim, the court indicated that the plaintiff was hired under an employment contract. The job description, with which the plaintiff was familiarized against signature, contains the job responsibilities listed in Sec. 2. The plaintiff's duties do not include timekeeping of working time. Imposing on an employee additional duties not stipulated by the employment contract and job description without his consent is not allowed. At the same time, the employer is not entitled to refer to the emergence of "momentary" tasks facing the enterprise. In any case, the organization (enterprise) must have the consent of the employee to perform other work, and in case of his refusal, the employer has no right to force the employee to perform work not stipulated by the employment contract.
The court rejected the arguments of the defendant's representatives that, according to the terms of the employment contract, the plaintiff is obliged to comply with the orders, instructions and other local regulations of the employer, and therefore was obliged to obey the order for timing. The employee is obliged to comply with the orders, instructions and other local regulations of the employer only to the extent that they relate to his function, and the performance of timekeeping does not apply to his labor function.
In its appeal, JSC "XXX" considers the court's decision unlawful, unfounded, and asks to cancel it. Indicates that the basis for imposing a disciplinary sanction on the plaintiff was the failure to comply with the order of JSC "XXX" "On the timing of working hours." The conclusions of the court that the plaintiff should not have executed it, since the instruction contained in it goes beyond the scope of the employment contract concluded between the defendant and the plaintiff, does not correspond to the circumstances of the case. The instruction prescribed by this order consisted in fixing by the employees of JSC "XXX" the operations (functions) performed by them during the working day, provided for by job descriptions, indicating the time spent and did not entail for them a change or increase in the range of their labor duties. The employees who took part in the self-timer did not perform any other work not stipulated by the employment contract, and accordingly, the court had no grounds to believe that they were performing an additional labor duty.
The panel of judges comes to the following.
According to clause 2.2 of the employment contract concluded between the plaintiff and JSC "XXX", the employee is obliged to conscientiously fulfill his labor duties assigned to him by this employment contract and job description, to execute orders, instructions and other local regulations of the employer and his immediate supervisor.
Thus, the plaintiff is obliged to execute orders, instructions and other local regulations of the employer.
At its core, timekeeping is a report on the work done in one's position during the working day, which is being photographed. Therefore, the plaintiff had to comply with the disputed order.
The decision of the Oktyabrsky District Court of Tambov dated March 21, 2012 was cancelled. A new decision has been made in the case.
There are two points to note in this example. Firstly, this is the decision of the court of first instance, in which the court pointed out the inadmissibility of imposing duties on the employee that are not directly provided for by the employment contract or job description. A similar opinion was held by the court from the first example. The decision was canceled due to a misinterpretation by the court of the essence of the order, in which he saw the imposition of duties not provided for by the labor function, although in fact the order did not affect the employee's labor function in any way. Secondly, the regional court, canceling the decision of the district court, indicated that if the order does not impose obligations that go beyond the official duties of the employee, it is subject to execution, and the employee’s refusal may result in a disciplinary sanction being applied to him.

The employer issues an order imposing additional duties on the employee, the employee does not agree with the order, but nevertheless fulfills the assigned duties. How does the court see it?

Example. Decision of the Livensky District Court of the Oryol Region dated June 24, 2015 in case No. 1/2-924/2015~M-799/2015.
The plaintiff filed a lawsuit against LLC "XXX", in support of which he indicated that the general director of LLC "XXX" issued an order imposing on her the performance of the duties of the general director of the factory for the period of his next vacation in line with her main job responsibilities.
He asks to cancel the order issued against her and to recover compensation for moral damage in her favor.
At the court session, the plaintiff supported the stated requirements, explaining that she did not give her consent to perform work not stipulated by the employment contract as an additional burden to her official duties. When the order was brought to her attention, she did not agree with it. Since the general director did not accept her objections, and in order not to suspend the work of the factory, she was forced to issue a number of orders for the management of the society.
The defendant's representative denied the claim. The Deputy for Economics and Marketing is one of the officials who can first of all apply for filling the position of the General Director during his temporary absence. Despite her objections, the plaintiff immediately began to fulfill the additional duties assigned to her, began to publish numerous personnel orders, orders relating to the release of products. According to the job description of the Deputy for Economics and Marketing, this official is obliged to perform the duties of the General Director in the event of his temporary absence without any additional consent.
The court comes to the following conclusions.
It follows from the order of the general director that, in connection with his being on vacation, he entrusts the temporary performance of his duties to the plaintiff along with the work determined by the employment contract.
This order was brought to the attention of the plaintiff, which she did not deny, but explained that she did not give her consent to combining duties for additional work not stipulated by her employment contract.
The order does not contain a note from the employee about her consent to an additional load in order to combine it with her main duties.
However, the argument of the defendant's representative that the plaintiff was obliged to perform the duties of the general director during his temporary absence in order to combine with his main labor functions without her consent, did not find its confirmation at the hearing.
The submitted documents do not establish such an obligation, in accordance with the testimony of witness B., executive director factory, the job description of the plaintiff did not provide for such an obligation, the assignment of the duties of the general director to none of the factory employees for official duties was provided, the general director always chose who would perform his duties during the period of temporary absence.
Evidence that the employee agreed to the additional workload was not presented by the defendant.
The argument of the defendant's representative that the plaintiff actually approved his order, starting to fulfill the duties assigned to her, does not indicate the consent of the employee with the actions of the employer, since the fulfillment of duties in this situation by the plaintiff could be dictated by the need to execute the issued order in order to observance of labor discipline. The consent of the employee, as provided for by labor legislation, must be expressed in writing, which may indicate the freedom of the agreement reached between the employee and the employer.
In the absence of this condition, the court believes that the actions of the general director of the company to assign to his deputy, in order to combine the duties of the general director with the main duties, violate the provisions of Art. 60.2 of the Labor Code of the Russian Federation, and, accordingly, the rights of the employee. In this regard, the court finds the claim of the plaintiff to recover compensation for non-pecuniary damage in her favor on this basis justified.
The claim is satisfied.

When considering this category of cases, the courts quite clearly indicate that the imposition of additional duties on an employee, if they are not indicated in his job description, is unacceptable.
Therefore, it is very important not only to properly formalize the assignment of additional duties, but also to ensure that the provisions relating to the official duties of the employee are as clearly spelled out as possible, do not contain vague wording and do not allow for several interpretations.