An employee on sick leave: how to write an order for temporary performance of duties

Combination for the period of sick leave

There are different ways to formalize the assignment (performance) of the duties of a temporarily absent employee.
If you entrust the duties of a sick employee to another employee as part of additional work or carry out a transfer, then draw up an additional agreement and the corresponding order.

And if you are hired under a fixed-term employment contract (including internal part-time work), then draw up an employment contract and a hiring order.

If the employee performed the duties of a sick person as part of additional work, then make him an additional payment, and if you specifically hired the employee or arranged a transfer, then pay for the work according to the staffing schedule.

You can assign the responsibilities of an employee absent due to illness in three ways:

entrust additional work to another employee (regardless of his position (profession)) to perform the duties of the absent employee. You can assign such additional work only with the written consent of the employee to whom you entrust it. At the same time, he will perform the duties of a sick employee without being released from his main job, within the limits of his working day (shift), and for this you need to make him an additional payment (Parts 1, 2, Article 60.2, Article 151 of the Labor Code of the Russian Federation). We will tell you more about the design of such work below;
arrange a temporary transfer to replace a temporarily absent employee. For such a transfer, you need to enter into a written agreement with the employee you want to transfer to the sick place. In this case, the replacement employee is completely released from his main job (part 1 of article 72.1, part 1 of article 72.2 of the Labor Code of the Russian Federation). We will tell you more about registering such a replacement for a temporarily absent employee below;
conclude a fixed-term employment contract (including part-time work) to perform the duties of an employee who is on sick leave. Typically, the basis for concluding such an employment contract is para. 2 hours 1 tbsp. 59 Labor Code of the Russian Federation. In this case, you can either hire a new employee or arrange an internal part-time job for an employee already working for you. When working part-time, the employee will perform the duties of a sick person in his free time from his main job (Part 1, Article 60.1 of the Labor Code of the Russian Federation).

Choose the option that is most convenient for you, taking into account the payment details.

Please note that you can transfer (temporarily or permanently) the sick employee himself, with his consent, to another position, and accept or transfer (temporarily or permanently) another employee to his place of work. For example, if an employee is on sick leave for a long time, then perhaps this method will be more convenient for you. More on this below.

How to transfer an employee to another position while on sick leave

To arrange the transfer of an employee during his sick leave, enter into a written agreement with him to accompany the employment contract on the transfer. To do this, you can invite him to the office.

Next, in particular, issue a transfer order (for example, in form T-5) and familiarize the employee with it against his signature. Record the transfer in your work book only if the transfer is permanent. This follows from Art. 72 Labor Code of the Russian Federation, p.

4, para. 1 clause 12 of the Rules for maintaining and storing work books.

Draw up such an agreement to the employment contract in two copies, each of which must be signed by you and the employee. Give one copy to the employee, keep the other one for yourself.

Have the employee sign your copy stating that they received theirs. This registration procedure is provided for drawing up an employment contract in Part 1 of Art.

67 of the Labor Code of the Russian Federation and is used in practice to draw up additional agreements to it, since they are an integral part of the employment contract.

To formalize the assignment of additional work, we recommend concluding an additional agreement with the employee to the employment contract (parts 1, 2 of Article 60.2 of the Labor Code of the Russian Federation, clause 5 of Appendix No. 3 of Rostrud Letter No. 1313-PR dated December 14, 2016).

Also in practice, an order is issued to assign the duties of an absent employee to another employee during the period of illness.

There is no need to enter information about additional work into the work book, since such a requirement is not established by law.

How to draw up an additional agreement to an employment contract on the performance of duties of a sick employee

Draw up an additional agreement to the employment contract on the performance of the duties of the absent employee in writing. Indicate in it, in particular:

content and scope of work. And if you have a job description and the employee will perform the duties of the sick person in full, then you just need to make a reference to it in the additional agreement. Familiarize yourself with the job description with the employee's signature. This follows from paragraph. 3 hours 2 tbsp. 57, part 3 art. 60.2 Labor Code of the Russian Federation;
condition on the performance of work during the employee’s working day (shift) (Part 1 of Article 60.2 of the Labor Code of the Russian Federation);
deadline for completing additional work (Part 3 of Article 60.2 of the Labor Code of the Russian Federation). You can specify any period during which the employee agrees to perform the duties of the absent employee;
the amount of additional payment for additional work to perform the duties of an absent employee.

We also recommend setting out a procedure for early termination of additional work. Just as you can cancel an order to perform such work ahead of schedule, the employee has the right to refuse to perform it ahead of schedule. To do this, you need to notify the other party in writing no later than three working days (Part 4, Article 60.2 of the Labor Code of the Russian Federation).

An example of the wording of a condition on additional work to fulfill the duties of an absent employee

The Employer assigns, and the Employee undertakes to perform, during the established duration of the working day, along with the work as an accountant stipulated by the employment contract dated October 17, 2016 N 81/16-TD, additional work as a cashier to perform the duties of the temporarily absent employee I.S. Grigorieva.

How to draw up an order to assign duties and in what cases is it issued? What nuances should be taken into account if the director of an enterprise goes on vacation? Read about everything in our article

There is no form prescribed by law 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 they need to be written down additionally: name, address, tax identification number, checkpoint, etc.

Each company draws up an order assigning responsibilities in its own way, but the document must indicate:

name of the order, date of preparation and number;
what position is being filled;
which of the employees will temporarily perform other people’s functions;
whether the deputy is entitled to additional payment or not;
for how long the deputy is appointed;
what exactly the person will have to do in the position being replaced;
the basis for assigning new functions - usually this is an additional agreement to the employment contract.

► Order on approval of job descriptions 2022: sample

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

Sick leave is the legal right of any employee. Enterprises often face the problem that the illness of some important part of the company leads to discord in the work of the entire organization. In cases where an employee’s workplace cannot be empty, he is replaced - his work functions are transferred to another employee. This is how substitution for sick leave appears.

It is important not only to find a replacement for a sick employee, but also to properly document the issue. After all, personnel documents must fully reflect such a process and regulate all relationships that arise in the course of work.

The norms of labor legislation of the Labor Code of the Russian Federation in Article 60 states that the transfer of duties from one employee to another has the following nuances:

Ability to perform work in different professional areas.

termination of the combination before the expiration of the period upon notification of the party;
indicating the timing of the combined exit of the main employee.

Data of the enterprise and the applicant;
name of the combined position;
the basis for the absence of the main employee;
period or date of commencement of additional work.

The application is endorsed by the manager and is the basis for concluding an additional agreement.

Schedule – 40-hour work week. The accounting department of Svetotekhnika LLC made the following calculations:

We determined M.'s average daily earnings in March: Av = 28,000 / 22 = 1272.73 rubles;
We calculated the amount of additional payment per day: SD = 1272.73 x 30% = 381.82 rubles;
The total payment amount was determined: C = 381.82 x 10 = 3818.2 rubles.

Conclusion: the amount of the additional payment was 3818.2, not exceeding the salary of the main employee for the corresponding period. The amount of payment is indicated in the additional agreement and order.

In the case of distribution of duties among several employees, the total amount of all additional payments is limited to the salary of the temporarily absent employee without taking into account allowances.

Combining the positions of manager and chief accountant The absence of management positions during employee illness requires the temporary appointment of another person to the position.

Important: A certificate of incapacity for work is provided not only when an employee becomes ill, but also when other reasons arise.

When registering another employee, it is necessary to determine the time period for the combination:

Options for replacing an employee during sick leave

When an employee has been issued a certificate of incapacity for work, and all or part of the production process may be interrupted because of this, it is advisable for the company to find a replacement for him. Based on the provisions of the Labor Code, registration can go in two ways:

substitution (temporary transfer);
combination of work by another employee.

In this case, the person who will replace the temporarily absent person fully delves into his responsibilities in the new position instead of the ill colleague. And his salary will be given specifically for this temporary part of the work.

Keep in mind: replacing a temporarily ill specialist is the right, and not the duty of a colleague. Everything depends on his will; no one can force him. As a rule, this is formalized by an additional agreement to the employment contract. But the work book remains unchanged.

The main points that relate to the procedure for replacing employees during their absence are regulated by Article 72 of the Labor Code of the Russian Federation. In particular, this article establishes that, depending on the situation, the replacement of an employee can be carried out either voluntarily or made obligatory.

For example, if the need for replacement is caused by any incidents, accidents, or other situations associated with large-scale consequences or damage, then such an action can be carried out voluntarily, and if it is a normal situation, then it is first necessary to obtain the consent of the person who will perform the actions additional nature.

The need for replacement may be caused by the following factors:

when an employee is ill, no matter how long it lasts;
in case of temporary disability, which may be associated with pregnancy and childbirth;
if there is a need to care for a sick family member.

Possible options for replacing an absent member of the workforce may include the following:

replacement (full performance of all existing job responsibilities of someone who is temporarily absent);
combination (partial performance of functions that are separately negotiated or prescribed).

During a person’s illness, the manager has the right to hire another specialist to work. This is not about substitution or combination. In this case, you can conclude a new employment contract. Labor relations with this category of workers have distinctive features.

The basis for hiring a person to replace an absent specialist is the latter’s illness. It gives the manager the right to hire another employee for the position. Such employment relationships will be temporary. They will be limited only to the illness of the primary specialist.

How to apply?

The procedure for receiving a primary specialist during illness does not have any distinctive features:

the applicant submits an application to the head of the company, who considers it;
after this, an order for employment is issued and an employment contract is drawn up;
Finally, a corresponding entry is made in the person’s work book.

In any case, the basis for starting the hiring procedure is the application of the applicant. It is drawn up in writing and sent to the head of the organization. It indicates the details of the organization, the employee, and also that the person wishes to enter into an employment contract for the duration of the treatment of the absent specialist.

In case of a positive result, a fixed-term employment contract is concluded with the person under Article 59 of the Labor Code of the Russian Federation. It is drawn up according to the general rules in writing, one copy for each of the parties. In addition to the mandatory conditions, the contract must contain information about the validity period. In this case, they are conditioned by the occurrence of certain circumstances, namely, the departure of the main employee. The contract term is not tied to a specific date.

After the conclusion of the contract, an order must be issued, signed by the manager. It indicates all the required details, as well as the fact that the person is hired only for the duration of the illness of the main employee.

The hiring procedure to replace a sick employee involves filling out some personnel documents:

First of all, this is a work book. It must contain a record of employment for the period of illness of the main specialist.
It is also necessary to fill out a personal card for the person.

How to fire?

The day of dismissal will be the date the sick leave ends. The rest of the procedure is standard. On the day of dismissal, the employee is given a work book and final payment. Funds are transferred against signature or transferred to a bank account. At the request of the person, other documents must be drawn up, for example, a certificate of salary or time worked.

Current legislation provides for several options for replacing a sick employee - combining, replacing and hiring another person. The manager can choose each of them at his own discretion. The employee himself can also initiate a temporary replacement.

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In this case, the employee replacing the sick person temporarily forgets about his work responsibilities and performs exclusively the work of the sick colleague. The “deputy” salary is paid in accordance with the work performed.

It is important to know that you cannot force an employee to work for someone if he does not want to. Those. replacement is made only with the consent of the employee. For this purpose, an additional agreement to the employment contract is concluded.

No entries are made in the work book.

The temporary absence of a member of the workforce from the workplace due to his disability is often associated with the need to perform a certain amount of work for him. To carry out such an action, the management of the organization must take a number of measures, the need for which is established by the Labor Code of the Russian Federation.

When going on vacation while you are away, a replacement may be required. The duties of the person who went on vacation will be performed by another employee.

There are different methods of replacement: temporary, combining positions, increasing the volume of tasks. The employer assigns the duties of the temporarily absent person to another employee.

Management can use any convenient method to replace vacationers.

Ways to replace an absent employee during annual leave:

Combination of positions. In this case, the employee will combine the duties of a vacationer with his regular work.
Part-time job. The person will spend his free time on the tasks of the resting employee. Let's say the part-time worker will stay after work or come on weekends.
Temporary transfer. The company employee will only perform vacation duties. He will not do his work during this period.
Hiring a temporary worker. A fixed-term contract is concluded for the duration of the citizen’s vacation. An outsider is hired to perform the duties of a temporarily absent employee.

Regardless of the chosen replacement method, formal registration of changes in the organization will be required. For this purpose, special documents are used, which will be discussed below.

A memo to perform the duties of an absent person and assign them to another person is not used in all cases.

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

There are no specific requirements for drawing up a service letter, however, when writing, you should adhere to the sample presented below.

Combination during sick leave: order, sample, procedure and features – Accounting

You must understand that an employer cannot simply assign additional responsibilities to any employee. After all, their circle is strictly regulated by the employment contract. Therefore, if such a need arises, you need to start with a proposal. It can be done either orally or in writing.

The legislation does not impose any requirements for the execution of such an offer. If the employee agrees to combine, then he must confirm his consent and all the conditions, including additional payment for combining professions. Agreement on combining positions during vacation Although part 1 of Article 60.

2 of the Labor Code of the Russian Federation directly provides for the written consent of the employee to combine professions; the method of obtaining it is not fixed by law.

At every enterprise, such a nuisance happens when a responsible employee falls ill and needs to be replaced during sick leave.

In this case, the person who will replace the temporarily absent person fully delves into his responsibilities in the new position instead of the ill colleague.

The mandatory form of these two internal documents is not regulated by law, so you can trust the company’s business practices.

Hiring an employee during illness under a fixed-term contract

Registration of a fixed-term contract for the period of absence of the main employee due to illness has a limited period of employment. The peculiarity of a fixed-term contract is the need to terminate it at the end of its validity period. If the employer does not notify the employee hired under a fixed-term contract about its termination, the employment becomes permanent.

With a fixed-term contract, the employee has all social guarantees along with the main full-time employees - the right to vacation, paid period of incapacity for work. If the validity period of the employment contract falls on days of absence, the employee is dismissed on days of vacation or illness.

When you do not need to issue a replacement order

Note that the company itself can draw up a standard sample of an order for substitution during sick leave. At the same time, you can use a form already approved by the state - T-5 or T-5a.

This does not need to be done if the employee’s employment contract directly states that during the absence of another employee (for example, due to illness), he will replace him. For example, if a manager has a deputy, then if the first one is ill, an order to assign managerial responsibilities to his deputy is not issued.

Temporary transfer

The employer may, with the written consent of the employee, temporarily transfer him to the place of a sick employee. Or the employee himself can take the initiative and contact the employer with a statement.

Sample application for replacement during sick leave

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In any case, the parties sign an additional agreement for replacement during the sick leave period. After the agreement is drawn up and signed, the employer issues a replacement order.

Sample order for replacement during sick leave

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The order is drawn up using the unified form T-5 or T-5a, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. It is permissible to use a form developed by the enterprise independently.

Form T-5 contains information about the temporary transfer of an employee. The order contains the following information:

the employee’s previous place of work and position, as well as the position to which he is transferred;
salary size;
basis for translation.

The order is signed by the employer. The worker also puts his signature on the order as a sign of acquaintance with it. This is not recorded in the work book.

An order is not drawn up if the specialist’s contract indicates that during the absence of another employee he is replacing him. Most often, such a clause can be found in contracts with managers.

Now let's talk about how sick leave replacement is paid. Since during the replacement the assigned employee performs only the professional functions of the sick colleague, his salary will be paid according to the work performed. He is not receiving any salary for his previous position.

Combination during sick leave: order, sample, procedure and features – Accounting

Transfer within one enterprise means a change in job function or a change in structural unit while maintaining the job. During an employee's absence due to illness, his duties may be transferred to another employee appointed by transfer.

Transfer during sick leave, its procedure and features are regulated in Art.

72.2 of the Labor Code of the Russian Federation. Temporary transfer is based on production necessity.

The procedure is carried out with the consent of the employee, which the employer must obtain in writing. A person can be transferred for a period of up to 1 year or until the main employee leaves after the end of the sick leave. The legislation establishes exceptional cases in the event of which approval for transfer for a period of up to 1 month is not required: The need to eliminate an emergency or accident, a man-made disaster. The occurrence of natural disasters

Answer to the question: Yes, you can indicate the wording of the deadline as “Completion date - the main employee returns to work.” That is, without specifying specifically what is for the period of illness or vacation.

In this case, the period will end exactly when the main employee returns to work.

It doesn’t matter after illness or after vacation.

Please also note that registration of additional responsibilities is possible in any of the ways presented below.

1. An additional agreement can be drawn up with a temporary employee to perform additional work during the absence of the main employee. This opportunity is provided by Article 60.2 of the Labor Code.

In this case, he performs additional work simultaneously with his main one.

Every employee can get sick, which is a fairly common situation that is regulated at the legislative level.

The end date is the return to work of the main employee. In this case, an additional payment is established, the amount of which is determined by agreement of the parties, taking into account the content and (or) volume of additional work (Article. However, the enterprise cannot wait for the employee to recover, given that such an approach may negatively affect the progress of production activities, and therefore and temporary replacement is allowed, but only in the manner prescribed by law.

If force majeure circumstances occur - in particular, the possibility of suspension of the production process due to the absence of one of the employees - it is allowed, as an exception, to be hired without taking into account the terms of the mutual cooperation agreement. Thus, in accordance with the procedure, a worker can be transferred to another position with release from duties for his previous vacancy in the order of replacement in the absence of the main employee due to his illness, but only with consent.

Replacement, like any other procedure related to labor relations, is implemented in several stages. First, you need to talk with the employee to whom the manager plans to assign the duties of the sick person. Afterwards all necessary documents are prepared. Finally, the information is sent to the accounting department, which will charge the appropriate payment.

According to the requirements of current legislation, an employee can be entrusted with performing the functions of an absent specialist. This will require the person's consent. If the parties have reached an agreement, then the manager issues an order of the appropriate nature, which will be the basis for the calculation of additional payment in the future.

But it is not always necessary to issue an order. In some cases, an order will not be required. This applies to the category of employees who were initially appointed to the position with the condition of possible replacement of a temporarily absent employee, for example, deputy managers. Such a condition must be specified in the contract. As compensation, the employee is given a cash bonus or additional days to the main vacation.

The employee’s consent to replace a temporarily absent person is one of the conditions for the assignment of additional responsibilities. For this reason, the head of the company will need to discuss this issue with the person. During the conversation, the terms of compensation and the scope of additional responsibilities are discussed.

At the same time, Article 72.2 of the Labor Code of the Russian Federation somewhat expands the powers of the manager, granting the right to assign additional responsibilities to the employee without his consent. This is possible in the case of:

disasters;
industrial accidents;
natural Disasters.

The procedure for assigning the duties of a sick employee to another specialist involves the preparation of a number of documents.

These include:

Report from the immediate superior of the absentee.
Application for replacement.
Leader's order.

Information about the temporary replacement of a sick person is not entered into the work book. Information is indicated only on the replacement employee’s registration card.

Combining professions or positions is one of the forms of temporarily replacing an absent employee. It is somewhat different from substitution. The features of this procedure are:

Mandatory consent of the employee. It must be in writing.
Clear deadlines for combining. They are established by the manager with the written consent of the employee.
A person has the opportunity to cancel the combination unilaterally. But he will have to notify the manager about this in writing three working days in advance.

Order

The combination order must be executed because it is documentary evidence of the mutual agreement of the parties. It is drawn up in writing and delivered to the employee against signature. In addition to general mandatory information, the order must also contain specific wording. The text must indicate that the specialist will perform the duties of the position in a combination manner.

Additional agreement to TD

An additional agreement to the employment contract will be required if the content of the latter undergoes changes. For example, a person worked for a company for some time, but then he was offered to combine positions. In this case, you will need to draw up an additional agreement to the contract. It should indicate that the duties will be performed in a combination manner.

Payment nuances

Payment for combination is made according to the same rules as replacement. The amount is determined by agreement of the parties, taking into account the volume of workload and deductions from earnings. In practice, the combination is compensated in the form of a salary supplement.

Combination instead of replacement

Combination assumes that, in addition to his work during the working day, the employee also performs the duties of an employee on sick leave. For part-time work, the employee is paid an additional amount to his basic salary, the amount of which is determined on the basis of an agreement between the employee and the employer.

Just as with replacement, an additional agreement to the employment contract is concluded with the employee, but nothing is noted in the work book.

As mentioned above, the second way is to find a part-time employee for this position from among the company employees who are closest in job function to the absent colleague.

When combined, a person is not freed from his main job and becomes a kind of multi-machine operator. For this, he is entitled to an addition to his basic income. Its value is specified in a separate agreement.

The registration is almost the same as the replacement: a separate additional agreement is made. But this does not affect the contents of the work book in any way.

Also see “We hire an employee during the vacation of the main employee.”

Going to work while on sick leave

The holiday season is approaching, and care must be taken to ensure that employees going on vacation does not lead to disruptions in the organization’s activities.

Let's consider how to distribute the responsibilities of a temporarily absent employee.

(or) in proportion to the time worked; (or) depending on the amount of work performed; (or) on the terms determined by the employment contract Salary (tariff rate) for the work performed Paid at the request of the employee We advise the manager Substitution is the most convenient way to assign the responsibilities of a temporarily absent employee to another employee.

After all, the employee performs additional duties along with his own during the working day. Positions of temporarily absent employees for which replacement is allowed Acting duties of a temporarily absent employee Senior accountant, accountant Senior HR inspector We warn the personnel officer An additional agreement must be concluded with an employee temporarily replacing another. One order is not enough. Additional agreement to the employment contract dated March 12, 2007

N 31-TD Step 3. We draw up an order for replacement. The employee must be familiarized with this order against signature. Limited Liability Company "Sezon" General Director of LLC "Sezon" ————— Smirnov A.A. ————— Ryabova I.N. May 20, 2011

May 20, 2011 Example. Calculation of additional payment upon replacement That is, at present, the establishment of additional payment to the management of the organization for the period of performance of the duties of a temporarily absent employee by position remains at the discretion of the employer.

» » » » The question of whether it is allowed to go to work during sick leave and whether such actions are legal is relevant for each of the parties to the labor relationship - this topic is equally of interest to both employers and ordinary workers.

Salaries calculated arbitrarily by an accountant are not subject to insurance contributions. If the chief accountant regularly transferred to himself a salary in a larger amount than agreed upon in the employment contract, the amounts of such excess are not included in the contribution base.

At the same time, the issue of sick leave is regulated quite strictly - legal regulation in this case is provided by the provisions of both the Labor Code of the Russian Federation and other regulatory documents and, in general, it is influenced by the following legislative acts: Article 183 of the Labor Code of the Russian Federation.

Electronic demands for payment of taxes and contributions: new rules for referral Recently, tax authorities updated forms for requests for payment of debts to the budget, incl.

on insurance premiums. Now it’s time to adjust the procedure for sending such requirements through the TKS. It is not necessary to print payslips. Employers do not have to issue payslips on paper to employees. The Ministry of Labor does not prohibit sending them to employees by email.

Order on the performance of duties of a temporarily absent employee

Sample order for replacing an absent employee 2021

Fulfilling the duties of a temporarily absent employee is a fairly common practice in the labor sphere. To assign such an obligation to an employee, the employer must issue an appropriate order.

How is an order issued to perform the duties of a temporarily absent employee? How does the work of a subordinate change when he is assigned the responsibility of performing the duties of another employee? What other additional documents need to be prepared to issue an order? Read in this article.

An example of determining the amount of payment

When replacing an employee during a period of sick leave, additional payment can be calculated in two ways:

additional payment up to the salary for the position being replaced;
making an additional payment expressed in a certain amount to the basic salary.

Let's look at an example of calculating surcharges:

the head of the purchasing department was on sick leave from November 1 to November 30;
during the absence of a person who holds the position of head of a department, all functions performed by him in accordance with the existing instructions for this position were assigned to the manager of the same department;
the salary of the head of the department is 38 thousand rubles;
The manager's salary is around 27 thousand rubles.

Due to the execution of the corresponding order from the employer, the replacement manager must make an additional charge in the amount of the difference between their salaries. Thus, the additional payment that the manager will receive will be: 38,000 – 27,000 = 11,000 rubles, and the total amount received will be equal to the boss’s salary.