How to properly register for employment during the vacation of the main employee?

Legislative framework

Employment rules, rights and obligations of the parties to an employment contract are regulated by the Labor Code of the Russian Federation.

Temporary workers are those employees who are hired for the period of absence of the main worker or to perform certain work.

The basic rules for hiring and hiring a temporary worker are the same as for main employees. The applicant provides the same package of documents. However, when concluding an employment contract with a temporary employee, there are some peculiarities. Additionally, the Labor Code establishes special benefits and guarantees for them.

What information should be contained in the order?

• Organization name or full name. individual entrepreneur.
• Date of compilation and assigned number.
• FULL NAME. hired employee.
• The name of the organization's division, if specified in the contract.
• Type of employment (temporary).
• Type of work performed.
• Salary amount.
• Duration of probationary period.
• Details of the concluded employment contract.
• Signature line for the CEO.
• Line for the employee to familiarize himself with the order.

Probation

A probationary period (Article 70 of the Labor Code of the Russian Federation) is a period of time established by an employment contract during which the employer evaluates the employee’s business qualities and has the right to dismiss him if the employee does not pass the test. According to Article 70 of the Labor Code of the Russian Federation :

• if the contract is concluded for a period of up to 2 months, a trial period is not established;
• when imprisoned for a period of 2 to 6 months, the probationary period cannot exceed two weeks.

Reception

Before hiring a new person for a temporary job, the head of the enterprise must make sure that his actions do not violate labor laws. That's the order. If the latter hires an employee to carry out seasonal work (for example, a gardener for the summer period or a cloakroom attendant at a clinic), then he has every right to sign a fixed-term employment contract with him.

In addition, the hiring of temporary workers is no different from the employment of those citizens who will serve in the organization on a permanent basis. Indeed, in cases specified by law, employees hired for a certain period of time must provide the employer with all the necessary documents (for example, a diploma, a certificate of no criminal record, etc.).

Termination of contract

In accordance with Art. 79 Labor Code of the Russian Federation :

• of its termination due to expiration, the employee must be notified in writing no later than 3 calendar days;
• if it is concluded for the performance of certain work, it is subject to termination upon its completion;
• The contract concluded for the period of absence of the main employee is terminated with the return to work of this employee.

If the contract period has expired and both parties do not require its termination, and the employee continues to work, the contract will be considered concluded for an indefinite period.

Completion of work and payment

In practice, the head of a company often faces a number of difficulties when dismissing a temporary employee. And in most cases, he seriously violates labor laws. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this three calendar days before the date of termination of the fixed-term contract.

Therefore, many subordinates often file complaints with the prosecutor’s office and the labor inspectorate. To prevent this from happening, the employer must follow the norms of the current law even when dismissing an employee who was temporarily performing the duties entrusted to him.

Therefore, on the last day of the employee’s work, the HR specialist must prepare the appropriate order and all other documents related to the latter’s work. In certain cases, the employee immediately asks to see a certificate of his latest income. This document is required for registration with the employment service.

On the last day of the subordinate’s work, the employer must pay him in full. This means that the latter must transfer wages and additional remuneration for unused vacation by the temporary employee.

In what cases is a temporary employee needed?

Hiring a temporary employee during the absence of the main one may be necessary if:

• on maternity leave;
• on parental leave;
• for the period of sick leave;
• on a long business trip.

At the same time, the main employee retains his place.

Hiring a temporary employee is possible:

1. For the purpose of performing seasonal work, when, due to natural and climatic conditions or the characteristics of the enterprise, they are carried out during a certain season.
2. With persons sent on a business trip abroad.
3. To perform certain work that goes beyond the normal activities of the enterprise or is of a short-term nature. Such as minor repairs, holding an advertising campaign, filing and submitting documents to the archive, etc.
4. With citizens who are sent to the organization to perform alternative civilian service.
5. With persons referred by the employment service for temporary or public work.

Entry of temporary work in the work book

An entry in the work book about temporary employment is not mandatory and, at the request of the employee, is made in the personnel department of the enterprise where the temporary employee began working. This procedure is carried out within five days from the moment of signing a civil legal or fixed-term cooperation agreement between the employer and the temporary employee.

The rules for filling out an entry for temporary work generally correspond to the rules for filling out work books established by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69. But it is necessary to pay attention to some nuances.

In the third column the following is written: “Hired to work in a department for a position (or specialty) temporarily until the absent employee returns from vacation.” The fourth column contains a reference to the order, which is the basis for making the entry. All information is certified by the seal of the enterprise.

Decor

When conducting an interview with an employer or HR employee, the applicant must be informed that he is being hired temporarily.

Registration is carried out in the same manner as for main employees:

• the employee writes an application for employment;
• provides a set of documents necessary for employment;
• an employment contract is concluded with him;
• a hiring order is issued.

Such an employee is subject to all local regulations in force in the organization. He must be familiarized with them under his signature.

During maternity leave

In an application for hiring an employee for the period of maternity leave, you must indicate:

1. that the employment is temporary;
2. for the period of an employee’s maternity leave or childcare leave;
3. Last name, first name, patronymic and position of the replaced employee.

Fixed-term contract

A temporary employment contract is concluded with a temporary employee.

This is an agreement between the parties, concluded for a certain period or to perform certain work. A special feature of such contracts is the provision for its termination after a certain period of time or the occurrence of events specified in it.

A complete list of grounds for concluding a fixed-term employment contract is contained in Art. 59 Labor Code of the Russian Federation.

Order for acceptance during illness or maternity leave

The order is issued on the basis of a concluded employment contract . It is drawn up according to a unified template or on a form developed by the organization.

In addition to general information about the last name, first name, patronymic, position or profession, remuneration must contain information:

1. about the start and end date of work;
2. instructions “for the period of absence of the main employee”;
3. information about the probationary period.

If an employee is registered for the period of maternity leave or illness of the main employee, the start date of work is determined by the day of its actual start. End date – the day the certificate of incapacity for work is closed.

As a general rule, the period of maternity leave is 140 days , and in case of complicated childbirth it is subject to increase. Therefore, in the order for employment for the period of absence of employees on maternity leave or absent due to illness, it should be stated: “for the duration of the duties of an employee who is on maternity leave / child care until he reaches the age of 1.5 or 3 years / for a period of temporary incapacity for work"

When a job order is being prepared

If an employee is hired and an employment contract is concluded, the employer has the right to issue an employment order.
Now the publication of this act is not mandatory, but at the discretion of the employer. Corresponding changes to the Labor Code of the Russian Federation were made by Federal Law No. 377 dated November 22, 2021. But if the management wishes, then it draws up an order in accordance with the conditions specified in the employment agreement (Part 1 of Article 68 of the Labor Code of the Russian Federation). A similar procedure applies when drawing up an agreement for a limited period. A fixed-term agreement and then an order for employment for a certain period are drawn up under certain conditions and the nature of the work. Most often this is due to the seasonal nature of work or until certain events occur, after which the employment relationship is terminated. The legislation provides for the following grounds under which an employee is employed under a fixed-term employment contract (Part 1 of Article 59 of the Labor Code of the Russian Federation):

• during the absence of the main employee (vacation, sick leave, maternity leave, business trip, etc.);
• to carry out work or services that are atypical for the company for a period of no more than 2 months (reconstruction, repairs, expansion of production, etc.);
• to perform seasonal activities;
• when sending an employee to work abroad;
• when creating a company for a certain period of time to perform specific tasks;
• during an internship or practical training;
• in alternative civil service, etc.

IMPORTANT!

Typically, in these cases, temporary employment requires a written application from the employee. But there are other situations when the urgent nature of work is established by agreement of the parties (Part 2 of Article 59 of the Labor Code).

By agreement, the employer has the right to issue under a fixed-term contract:

• old-age pensioners or those who are contraindicated for permanent work due to health reasons (based on a special certificate from a doctor);
• people of creative professions (actors, journalists);
• those who are involved in the period of elimination of emergency situations;
• part-time workers;
• company directors, their deputies and chief accountants;
• those who are sent to work on a rotational basis in the Far North;
• those who are hired to work in individual entrepreneurs or small enterprises with a staff of less than 35 people, etc.

Extension of a fixed-term employment contract for a new term

Repeated extension of a fixed-term employment contract for a new term may entail its reclassification into an open-ended employment contract, especially if the same job function is expected to be performed.

However, you need to take into account some features:

• Repeated extension of a fixed-term employment contract for a new term with the director of an LLC does not entail its recognition as an indefinite employment contract. This exception is explained by the fact that, according to Part 1 of Art. 275 of the Labor Code of the Russian Federation, the validity period of an employment contract with a director is determined by the company’s charter or agreement of the parties. The director is elected for the period established by the company's charter (Clause 1, Article 40 of the Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ). In this case, the provisions of Art. 58 of the Labor Code of the Russian Federation regarding the recognition of a fixed-term employment contract as open-ended does not apply to relations with the heads of companies. In this case, the director can be re-elected an unlimited number of times.
• It is allowed to extend a fixed-term employment contract with employees of the scientific and teaching staff who are elected by competition to fill a previously held position. In this case, an additional agreement can be concluded between the employee and the employer to extend the fixed-term employment contract (clause 8 of Article 332 of the Labor Code of the Russian Federation).
• If the term of a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged to extend it at the written request of the employee (Article 261 of the Labor Code of the Russian Federation). An order to extend a fixed-term employment contract, or rather a sample of it, can be downloaded from the link:

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Required documents for employment

So, the job application has been completed. What else is included in the standard package of documents for employment:

1. Passport or other document proving your identity.
2. It is obligatory to provide a work record book. The exception is primary employment or part-time employment. In the case of initial employment, the employer usually issues a work book independently.
3. Insurance Certificate of State Pension Personal Insurance. If you are applying for a job for the first time, it is advisable to inform the HR department that you do not have this document. The employer will handle the registration of SNILS on his own.
4. Document on military registration. Such a document must be provided to the organization by persons subject to conscription into the army or persons liable for military service.
5. Diplomas and certificates. Personal education documents will help the employer determine your level of training and select a suitable position.

If you want to apply for a specific position, please provide the employer with documents confirming that you have the appropriate level of qualifications.

Temporary replacement order

To apply for a temporary replacement, you need to take the following steps:

• Obtain the consent of the substitute;
• Sign an additional agreement on temporary replacement;
• Based on these documents, draw up an order.

The order should contain the following points:

1. Information about the employee who will replace the absent person;
2. The reason why the replacement is being issued;
3. Date from which replacement begins;
4. A specific end date for the replacement or another way of indicating the period;
5. Payment amount;
6. The basis on which the order is issued.

In general, the form of the document can be called free. If the absent person is financially responsible, then a MO agreement must be drawn up with the replacement employee.

Features of temporary employment of citizens

If you are interested in any vacancies and are ready to work as a landscaper, participate in promotions, or get a job as an auxiliary worker, temporary employment is unlikely to be a problem. But, if a citizen is a certified specialist and is not ready to waste money on trifles, keep in mind that the selection will be no less, and, most likely, even more strict than for regular employment. And you need to prepare for it no less carefully.

When signing an employment agreement, be careful not to sign the agreement without reading it. If something seems unclear, it is better to clarify it immediately. Find out whether tax deductions will be made from the specified amount of wages , and within what time frame the earnings will be issued. Carefully study what obligations the employer undertakes when hiring an employee temporarily and what obligations the employee undertakes. Only after this, having weighed all the pros and cons, can you sign.

By agreement

Here it is necessary to point out once again that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, the boss has the right to offer him temporary employment. By mutual agreement of the parties, a fixed-term contract can be concluded with full-time students and part-time students. Most often, the latter do not object to such a proposal from the head of the enterprise. After all, part-time workers are not the main employees, because they already have their main place of work. Entrepreneurs engaged in small businesses and employing less than thirty-five people can enter into fixed-term employment contracts with employees.