Replacement of a temporarily absent employee

The replacement of an employee during his vacation or sick leave is common practice, many consider leaving a colleague on leave as a necessity to take on additional work. But not all managers consider it necessary to make an additional payment for the replacement of a temporarily absent employee, and many workers are tolerated with such an infringement of their rights.

Replacement of a temporarily absent employee

Replacement for a vacation or hospital other employee in many companies is carried out with violation of the rights of employees of the company. To prevent this, it is necessary to know the procedure for carrying out such a procedure and not be afraid to defend one's rights, if necessary, then in court. The employer must be responsible for the violation of the labor code.

1. The replacement of a temporarily absent employee can be made by combining posts, increasing the scope of work, expanding the range of responsibilities. Additional work can be entrusted for a similar or other position.
2. The employer must obtain the consent of the employee for temporary replacement of the colleague. Just ordering work for another person, no boss has a right. The employee has the right to refuse to replace a colleague for the period of leave, sick leave or other absence for a good reason.
3. The deadlines for the replacement of posts can be stated in the Charter of the organization (if this is a municipal enterprise) or in an agreement to an employment contract. That is, the employee's consent to the temporary performance of the duties of another employee can not be verbal, a written agreement is required. It specifies the amount of additional work, its nature, as well as the timing and amount of payment for replacement.

How to pay for the replacement of a temporarily absent employee?

The issue of paying for the replacement of another employee is of concern to many, so it should pay more attention. It is necessary to distinguish the substitution of an employee with the discharge from his duties and the combination of two posts. In the first case, there may not be grounds for additional payment - if the work performed for another employee is not more complicated or the replaced position is similar to the permanent position of the employee.

In the case of combining two posts for the time of the absence of another employee, an additional payment must be required. Refusal of the employer to pay for the combination of posts will be a direct violation of labor legislation.

The temporary combination of posts must be formalized by the order of the head. In the order it is necessary to specify a combined position, the period on which the combination is introduced (fixed deadlines are possible, it is possible to combine posts without specifying specific terms), the amount of additional work and payment for the replacement of the position of another employee. The surcharge may be fixed by a fixed amount, but the parties can agree on an additional payment as a percentage of the salary (the tariff rate).

Reducing the amount of co-payment for the combination of two positions or its complete abolition should be formalized by an order for the organization. The employee should be warned in advance about changing the conditions for the replacement of the temporarily absent employee. In this case, the warning must be written. In addition, in case of uninterrupted combination of positions, the employee should be warned about changing the terms of payment for 2 months.

Let's sum up: the replacement of the position of a temporarily absent employee can be made only with the written consent of the employee; At combination of posts payment should be made necessarily.