Sample order for replacing a temporarily absent employee

Reasons for substitution

A variety of circumstances may serve as a reason for replacing any of the personnel. The most common:

one of the employees going on sick leave;
going on maternity or planned regular leave;
going on a business trip, etc.

It should be noted that in such cases a temporary deputy is not always appointed.

This is usually required when the absence lasts more than three working days or when the employee’s duties are so significant that without them the normal day-to-day activities of the company are impossible.

Why do you need to write an application?

The desire to perform the functions of a person who is absent from the workplace is quite understandable - it provides the opportunity to earn additional income. In addition, by temporarily performing the duties of his colleague, the employee has the opportunity to demonstrate to his superiors some new skills and abilities and earn additional bonuses.

However, you cannot just start performing the work tasks of another person - the first thing you need to do is write a corresponding statement. It will serve as evidence that the employee is replacing his colleague voluntarily. Oral agreements, which are sometimes found in organizations, are illegal.

Oral agreements, which are sometimes found in organizations, are illegal.

In the event of disagreements and controversial situations between the employer and the subordinate, it is the statement that will serve as proof that the replacement took place within the framework of the law.

Who can be appointed

In order to start the process of replacing a temporarily absent employee, you must first select the right candidate for a replacement.

This must be a person with sufficient qualifications, education and experience.

He can work in any position within the company (in this case, you will also need to obtain his written consent) or hired “from the outside” on a part-time basis.

In some situations, to replace a valuable “personnel” who has been absent for a long time, a new specialist is hired - then a separate fixed-term employment contract must be concluded with him, indicating a specific limited period of validity.

Part-time job

When working part-time, the employee performs the duties of a vacationer in his free time from his main job. He can replace the absent one:

at the main place of work - internal part-time work;
with another employer - external part-time work.

You cannot work part-time for more than 4 hours a day. A part-time worker can work full-time only on those days when he is completely free at his main job. And during the month, the duration of a part-time worker’s working time should not exceed 50% of the monthly standard working time (284 Labor Code of the Russian Federation). Moreover, the employer is obliged to ensure that the norm is not exceeded.

Let's change the conditions of our example .

The accountant will perform the work of the absent HR officer on an internal part-time basis for 4 hours a day. He will receive additional payment in proportion to the time worked.

The amount of additional payment for one day will be:

33,000 rub. * 0.5 / 22 days = 750 rub.

The additional payment to the accountant for the entire replacement period will be:

750 rub. * 20 days = 15,000 rub.

Contributions must be calculated from the additional payment amount and personal income tax must be withheld.

Read more about who can be a part-time worker, the procedure for concluding an employment contract and work schedule in this article.

What to take as a basis for an order

All developed orders must be based on something. In particular, each such order must have a documentary basis and justification.

The basis may be either an article of law directly related to the essence of the order, or an internal document of the company (for example, some act, Accounting Policy Regulations, an official or memorandum). With justification, everything is simpler - this is the real reason for which the order is issued.

Storage order

First, the order must be registered in the company’s internal documentation journal. Then they are filed in a folder with similar documents and stored for the period prescribed by law.

In accordance with Rosarkhiv order No. 236 dated December 20, 2019, such administrative documents are stored for 50 or 75 years. The first digit is for documents whose paperwork was completed before 01/01/2013, the second digit is for documents issued after this date. Usually they are stored in the company’s archives, but if the company is liquidated before this period, the documents are transferred to the state archive.

Who must sign an order to replace a temporarily absent employee

The order refers to those documents that always come from the top management of the enterprise.

Therefore, this document must be signed either by the director of the organization personally or by an employee who temporarily performs his duties. Also, all persons in respect of whom it was issued and those responsible for its execution must sign the order.

Thus, all the above-mentioned employees will testify that they are familiar with the order and are ready to carry it out.

On what basis is it prepared?

Most often, positions combine or increase the scope of activities. If the workload is too heavy and it is impossible to combine work in two positions at the same time, then a temporary transfer is issued. This method is suitable when an employee goes on vacation after the birth of a baby or when replacing higher-ranking officials.

To avoid further difficulties during inspections by regulatory authorities, basic requirements must be observed before issuing an order on temporary performance of duties. First of all, you need to agree on working conditions with the person to whom you want to entrust the functions of a vacationer. You do not have the right to simply issue an order and force someone else to work for you.

IMPORTANT!

Don’t forget: in most cases, it is impossible to increase the workload or assign additional functions without the employee’s consent. Send the employee a written proposal to fulfill the new duties. Leave space for consent and signature.

In practice, such a notification is not always sent. Because after oral agreements, an additional agreement is concluded to the employment contract, which is signed by both parties. But for regulatory authorities and legal disputes, a separate written consent will become irrefutable evidence.

IMPORTANT!

Remember: even if a person first signed such a consent and later changed his mind, he has the right to refuse the additional burden. But he is obliged to notify about this three working days in advance.

Here is the registration procedure when delegating functions using the combination method:

First, obtain written consent from the employee.
Agree on the terms and establish them in an additional agreement to the main agreement.
If all issues are resolved, issue a combination order.
Introduce it to the person under his signature.

The procedure for transferring to another position is not much different. And here consent will be required, an additional agreement (in two copies) and only then the issuance of an order.

The law provides for exceptional situations when consent is not required: emergencies, natural or man-made disasters, industrial accidents, etc. (Parts 2, 3 of Article 72.2 of the Labor Code of the Russian Federation). In this case, it is only necessary to draw up an order assigning duties in connection with production needs, specifying in it all the necessary working conditions. These include new functions, transfer deadlines and additional wages. It is set as a fixed amount or a percentage of the salary (Article 151 of the Labor Code of the Russian Federation).

IMPORTANT!

Without consent, the employer has the right to transfer a person to another position for no more than one month. If the elimination of the consequences of the emergency takes longer, you will have to ask to write consent.

ConsultantPlus experts examined how to change the essential terms of an employment contract during temporary transfers to another job. Use these instructions for free.

Features of forming an application, general points

If you are faced with the task of drawing up an application to replace a colleague during his vacation, and you don’t know how to do it correctly, read the tips below and look at the example - based on it, you can easily create your own document

To begin with, general information that is relevant to all such papers.

Today there is no standard, unified sample application for replacement, so it is allowed to write it in free form. You can also make it according to the type of document template developed and approved within the company.
For the application, it will be suitable as a regular sheet of paper of any convenient format (preferably A4 or A5) or letterhead (usually, if such a requirement is established within the enterprise). The application can be typed on a computer, but with the obligatory subsequent printing, or written in your own hand - if it is necessary to prove its authenticity, this will play a role.
The form should be made in two identical copies , one of which must be given to the employer, the second must be kept with you, having previously secured a mark on it that a copy has been delivered to a representative of the organization.
The composition of the application must meet certain standards of office work, and the text must contain a number of certain information. The latter include:
Company name;
position and full name of the employee;
position and full name of the replaced employee;
the period for which this replacement occurs.

Other information can be entered depending on individual circumstances.

The form must be signed by the applicant - without his autograph it will not acquire legal status and be dated.

The CEO being on vacation is not a reason to extend the period for appeal

The general director of the company, as an official, was fined under Art.
15.19 of the Code of Administrative Offenses of the Russian Federation for violation of legal requirements relating to the presentation and disclosure of information on financial markets. From the date of delivery or receipt of a copy of the decision, he had 10 days to appeal (30.3 of the Code).

However, he missed this deadline and filed a complaint later. At the same time, his lawyer, who filed a complaint with the court, asked that the reason for missing the deadline be recognized as valid - the general director and the lawyer were on vacation.

The judges refused. They decided that being on vacation does not indicate the impossibility of timely exercise by a person brought to administrative responsibility of the right to appeal a decision in a case of an administrative offense.

There is no other evidence confirming the validity of the reasons for missing the deadline for appeal provided by law.

Thus, the general director had no objective obstacles to filing a complaint in a timely manner.

Resolution of the Supreme Court of the Russian Federation dated March 6, 2019 No. 78-AD19-3

Editor's note:

This is a typical position of judges. They do not recognize the CEO's vacation as a valid reason for missing a deadline. In particular, because such a position is set out in paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 (resolution of the Arbitration Courts of the Moscow District dated February 28, 2018 No. F05-2450/2018, Volga District dated September 23, 2015 No. F06- 580/2015, East Siberian District dated 08/31/2011 No. A78-7255/2010).

The transfer of powers is also formalized by a power of attorney

The general director of the OJSC issued another employee with a notarized power of attorney to exercise his powers, including the right to sign accounting and other reporting documents on behalf of the company as required by current legislation.
The shareholders filed a lawsuit to declare this power of attorney invalid. They referred to the fact that it, as a unilateral transaction made by the company, is invalid on the grounds specified in Art. 173, 174 of the Civil Code of the Russian Federation, since it was committed without the consent of the legal entity and to the detriment of the interests of society. There were also circumstances that indicated unfair joint actions of the representative and the general director to the detriment of the interests of society.

However, the court rejected the claim, deciding that the issuance of a power of attorney by an unauthorized person was not proven, as well as a violation of the rights of shareholders by issuing the controversial power of attorney.

Resolution of the Arbitration Court of the Central District dated January 15, 2018 No. F10-5609/2017

Editor's note:
To be fair, we note that the courts do not have a consensus on whether the general director has the right to issue a power of attorney to the acting person without receiving permission from the general meeting of participants or shareholders. Some judges still believe that such permission is necessary and without it the power of attorney is invalid (Resolution of the Arbitration Court of the Moscow District dated January 17, 2019 No. F05-22748/2018).

To avoid disagreements, it is necessary to specify in the company's charter who exactly has the authority to appoint an acting general director during his next vacation - the general director or the general meeting of participants (shareholders).

How to formalize the performance of duties

In labor legislation there are no concepts of “acting” or “temporarily performing duties” (acting, acting). This is clerk terminology. If a vacant position has arisen and there is an opportunity and desire to fill it, the Labor Code of the Russian Federation allows you to choose from four options:

Hire an outside worker.
Hire a person for a part-time job (both external and internal).
Conclude an agreement with the existing employee on combining, increasing the volume of work or expanding the service area.
Transfer another company employee to this position temporarily.

The Labor Code of the Russian Federation does not provide for other options for filling the vacancy. During the period of absence of the main employee (for example, due to vacation, illness), his duties must be performed and paid. A temporary replacement of the director is required to ensure the operation of the enterprise. The Labor Code of the Russian Federation allows you to arrange part-time work, combinations, transfers or hire a new employee, but only with the condition - for the period of temporary absence of the main employee.

The history of the emergence of abbreviations is associated with the formation of specific personnel terminology for civil servants. For example, in Presidential Decree No. 120 dated March 20, 2017 “On approval of the Regulations on the procedure for approving candidates...” there is paragraph 7:

Until the completion of the approval procedure, the appointment of a candidate to perform the designated functions (temporarily acting) for a position in the federal civil service is not permitted, with the exception of a one-time appointment for a period not exceeding six months...

Similar provisions on the assignment of powers for a certain period are in Presidential Decree No. 1237 dated September 16, 1999.

Results

If an employee goes on vacation at an enterprise, then a replacement will most likely need to be selected to take his place. There are several options for such a replacement. Choose the one that is convenient for you. But no matter which one you choose, remember that the obligation to make additional payments for performing the duties of a temporarily absent employee cannot be neglected.

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

The CEO being on vacation is not a reason not to allow inspectors into the office

Representatives of the Federal Accreditation Agency visited the company for an unscheduled on-site inspection.
The organization was a testing laboratory, and in relation to it this government agency was authorized to carry out control measures. However, the company’s employees refused to allow department officials to enter their territory, blocked their access to the premises and did not allow them to familiarize themselves with the required documents.

They motivated their actions by the fact that the general director was on vacation. In his absence, no one else is authorized to represent the interests of the organization during the audit.

The inspectors did not agree with this argument and drew up a protocol against the organization under Part 2 of Art. 19.4.1 Code of Administrative Offenses of the Russian Federation for obstructing an inspection. The judge imposed a fine of 30 thousand rubles.

The company challenged it, but to no avail.

The courts rejected the argument about the director’s leave, pointing out that in violation of the requirements of Part 5 of Art. 12 of Law No. 294-FZ, the company did not fulfill its obligations and did not provide officials of the regulatory body with the opportunity to conduct an inspection.

Resolution of the Moscow City Court dated March 11, 2019 No. 4a-363/2019

Editor's note:

The courts agree on this and emphasize that the main thing is that the company is promptly and properly notified of the date, time and place of the inspection. In this case, she is obliged to provide the opportunity for it to be carried out, including ensuring that either the manager or any other person authorized by him is present on site (decrees of the Samara Regional Court dated 06/05/2017 No. 4a-529/2017, Moscow City Court dated 19.09 .2016 No. 4a-4800/2016, court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated August 27, 2014 No. 4-a-409/2014).