Experts named the rules for the replacement of temporarily absent employees

In a number of companies, employees may be involved in the duties of temporarily absent colleagues. The experts explained in which cases such additional work requires the consent of the employee, how the combination is arranged and what determines the amount of the additional payment, as well as what risks arise if these rules are violated. All the details are in the Izvestia article.

Conditions for additional work

Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, said that according to Article 60.2 of the Labor Code of the Russian Federation, additional work for a temporarily absent colleague is possible only with the written consent of the employee. According to him, an employer does not have the right to unilaterally assign such functions to an employee unless it is provided for in an employment contract or job description.

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However, there are exceptions for emergencies. In case of accidents, catastrophes or other disasters, the employer has the right to temporarily transfer an employee to another job without his consent for up to one month with mandatory additional payment.

Making an additional payment for the combination

The lawyer noted that the amount of the additional payment for the performance of other people's duties is determined by the agreement of the parties. Article 151 of the Labor Code of the Russian Federation does not set strict limits, so the amount can be fixed or amount to a percentage of the salary. In practice, a vacationer's workload is often paid from 20% to 50% of the salary.

Yulia Isakova, head of the Labor Relations and Human Resources Systems Group at Level Group, says that it is important for companies to clearly distinguish between the usual work function and the additional workload. If the obligation to replace a colleague is prescribed in advance in the job description, a separate surcharge may not be paid. It is safest to record the list of tasks, deadlines and the amount of payment in an additional agreement to the contract or a special order.

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At the same time, according to Yulia Isakova, there is a reverse boundary: if the performance of the duties of an absent colleague is already included in the employee's work function under a contract or job description, a separate additional payment may not be paid, as a general rule, unless otherwise expressly provided by the employment contract itself or internal documents of the company.

Actions in the absence of payment

Being forced to combine under duress or without proper registration carries legal risks for companies. Experts highlight the problems of "blurring" responsibilities and falling productivity due to high workload. An employee who has been assigned a job by a colleague without additional payment has the right to notify management in writing of his disagreement.

If the employer ignores the requirements, the employee can apply to the state Labor Inspectorate or file a lawsuit in court. In such cases, you can demand not only payment for the work actually performed, but also compensation for moral damage. To successfully resolve a dispute, it is important to record the completion of tasks through reports and correspondence.