An order to transfer an employee from temporary work to permanent work. How to transfer an employee from temporary to permanent work

Russian labor legislation defines the transfer of an employee to another job as a change in his job responsibilities or the department where he works. Such changes may be permanent or temporary. The employee himself can remain working with his previous employer or move to another. The transfer can be initiated by both the employee and his employer.

Types of employee transfers to another job

Transfers of employees to another place of work can be permanent or temporary. They differ in such indicators as:

• validity;
• documenting;
• the final result of this process.

Permanent transfer of an employee to another job

There are several options for permanently transferring employees to another job:

• to another area (joint move with the employer);
• to another position with the previous employer;
• change of employer.

Such a transfer requires the written consent of the employee. This could be an agreement, a statement, etc. Even if the procedure is carried out within the organization, it is recommended to conclude a new employment contract.

2 months before the employee is transferred to another location, the employer must notify him of this in writing. If an employee refuses to transfer, then the management of the enterprise has the right to dismiss him under Article 77, paragraph 9, part 1 of the Labor Code of the Russian Federation with payment of severance pay.

In order to transfer to another employer, it is necessary to obtain the consent of the previous management. The employment contract is terminated in accordance with Article 77 of the Labor Code, clause 5, part 1 of the Labor Code of the Russian Federation. If such consent has not been obtained, then dismissal at one's own request is permitted.

Temporary transfer of an employee to another job

Transfers of this type are carried out for a specific period. Its duration is influenced by the reasons for the transfer. In each specific case, the period is set by the parties to the employment contract. Management or the employee himself can initiate the procedure.

Temporary transfers are of the following types:

1. By agreement of the parties (up to 1 year);
2. At the initiative of the employee (up to 12 months);
3. In place of an employee who is temporarily absent (until his release). If the transfer period under the previous two points has expired, and the employee remains at work, then the transfer becomes permanent;
4. Caused by force majeure:

• accident;
• fires;
• all kinds of disasters;
• accident at work;
• epidemic, etc.

As for clause 3, it allows for the transfer of employees without their consent for a period of up to one month. However, such a transfer is prohibited if the employee has contraindications to a new job according to a medical report.

If an employee is transferred to another job with lower qualifications on the initiative of the manager or due to production necessity, then in this case the consent of the employee is required.

Transfer of an employee to another job due to health reasons

Such translations are individual in nature. The employee is given a new job after presenting a medical report. If an employee refuses to transfer, he will be temporarily suspended from work. In this case, the workplace is retained by the employee without payment of monetary compensation.

Hello! The employee was hired under a fixed-term employment contract for the period of parental leave of up to 3 years of the main employee. The main employee is on vacation until 2017 and has no intention of going back. At the moment, we have a vacancy and we would like to transfer a temporary worker to a permanent basis, since the worker is a good one. How to apply correctly? Will it be enough to conclude an additional agreement to the employment contract, where to stipulate that the employment contract is considered concluded for an indefinite period? Or through dismissal? Thank you!

Answer

Answer to the question:

In this case the following are possible: options.

1. First of all, it should be noted that labor legislation does not contain the concept of “rate”.

If in this situation by the term “bet” you mean the same position, and the terms of the employment contract do not change (except for the term of the employment contract), then we cannot talk about transfer, because transfer involves a change in labor function, structural unit (if it is specified in the employment contract), transfer to another location together with the employer (Article 72.1 of the Labor Code of the Russian Federation).

The term of the employment contract is a special condition of the contract. In fact if the deadline changes, then the fixed-term contract itself changes, that is there is not a change in the concluded contract, but a formalization new agreement.

Therefore, in this case, the fixed-term employment contract should be terminated at the initiative of the employee or by agreement of the parties, and then an employment contract should be concluded for an indefinite period.

At the same time, we must not forget that an employee who is on maternity leave retains her place of work (position) and, if you again hire an employee to replace her, a fixed-term employment contract will be concluded.

If by “bet” you mean another vacant job title, then a transfer will take place (Article 72.1 of the Labor Code of the Russian Federation).

In this case, it is necessary to conclude an additional agreement on changing the employee’s labor function and other terms of the employment contract (if such a change occurs) and issue a transfer order on its basis.

In the event of a permanent transfer to another job (position), the previously concluded condition on the temporary nature of the work loses force, since in relation to the new job the previous grounds for the urgent nature of the labor relationship no longer apply (Part 2 of Article 58, Part 1 of Article 72.1 of the Labor Code of the Russian Federation ). An exception is the case when there are also grounds for concluding a fixed-term employment contract for a new job (for example, the main employee is temporarily absent, etc.). Under these circumstances, the condition of urgency of the relationship may be maintained.

2 . If the term of the employment contract has expired (in the event of the main employee’s absence from work), but neither party has demanded its termination, then the urgency condition loses force, and the employment contract is considered concluded for an indefinite period (Part 4 of Article 58 of the Labor Code of the Russian Federation) . However, if you still want to record the fact of changing the term of the employment contract (since the term is a mandatory condition of the employment contract (Article 57 of the Labor Code of the Russian Federation)), then in this case it is possible. This follows from the provisions of the Labor Code of the Russian Federation and is confirmed.

In this situation there is a risk that your employee, who is on maternity leave, changes her mind about terminating her employment, and then, in connection with her return to work, you will have to terminate the employment contract with the temporary employee, if by this time it is not possible to transfer her to another position .

3. Also, if the decision to extend the relationship is made before the expiration of the employment contract, then it can be recommended to conclude an additional agreement recognizing the contract as indefinite, but indicate that this agreement comes into force on the day following the day of expiration of the term under the originally concluded contract. And then, upon the continuation of the employment relationship (i.e., on the date of entry into force of the additional agreement), issue an order stating that the employment contract in connection with the continuation of the employee’s work is of an indefinite nature. Here, too, there is a risk that the main employee will return to work, and the agreement on the open-ended nature of the employment contract will not be valid.

Details in the materials of the Personnel System:

1. Answer: Question from practice: is it possible to change the term of a concluded employment contract?

No.

The term of the employment contract is a special condition of the contract. In fact, if the term changes, then the fixed-term contract itself changes, that is, it is not a change in the concluded contract, but a new contract is drawn up. The legislation does not provide for the possibility of extending or shortening the term of an employment contract. The exception applies only to individual cases. For example, if, at the end of a fixed-term contract, none of the parties demanded its termination, and the employee continues to work, then the contract becomes indefinite and can be extended by. This follows from the provisions of the Labor Code of the Russian Federation and is confirmed.

If the decision to extend the relationship is made before the expiration of the employment contract, then it can be recommended to conclude an additional agreement recognizing the contract as indefinite, but indicate that this agreement comes into force on the day following the day of expiration of the term under the originally concluded contract. And then, upon the continuation of the employment relationship (i.e., on the date of entry into force of the additional agreement), issue an order stating that the employment contract in connection with the continuation of the employee’s work is of an indefinite nature.

A question from practice: is it possible to extend a fixed-term employment contract without terminating it, or do you need to fire an employee and then hire him again. The contract is coming to an end, but the work is not yet completed

The answer to this question depends on how long the employer wants to extend the contract with the employee.

If an organization intends to extend the employment relationship with an employee for a certain period, this can only be done through dismissal and hiring under a new fixed-term contract.

This is due to the fact that a fixed-term employment contract is concluded for a certain period, but not more than five years (Article , and Labor Code of the Russian Federation). There is no possibility or procedure for extending a fixed-term employment contract. Therefore, in general, the extension of the term of an employment contract is the basis for recognizing it as indefinite. The exception is situations when:

• The fixed-term employment contract expires during the woman’s pregnancy. Then the employer, upon a written application from the employee, can extend the term of the employment contract until the end of pregnancy (). In some cases, a fixed-term employment contract with a pregnant employee;
• An employee is elected through a competition to fill the position of a scientific and pedagogical worker previously held by him under a fixed-term employment contract ().

Thus, in the general case, an organization does not have the right to draw up an additional agreement to a fixed-term employment contract to change its validity period for a certain period. An organization can only conclude a new employment contract after dismissing an employee. The legitimacy of this position is confirmed by the Supreme Court of the Russian Federation.

If the employer, with the consent of the employee, intends to extend the employment relationship indefinitely, then this can be done without going through the dismissal procedure. To do this, at the end of the fixed-term contract, neither party should demand its termination; the employee must continue to work. Then the contract becomes indefinite and can be extended. This follows from the Labor Code of the Russian Federation and is confirmed.

An exception to this procedure applies to heads of organizations for which the validity period of the employment contract is established by the constituent documents of the organization and the norms of federal legislation (). In any case, they need to be fired and accepted for a new term, defined in the statutory documents.

Nina Kovyazina,

2. Answer: When does a fixed-term employment contract expire?

A fixed-term employment contract is terminated in connection with, that is, with the onset of a certain date or event specified in the contract. This is stated in the Labor Code of the Russian Federation.

Advice: Keep a log of the end of fixed-term employment contracts. This will give you the opportunity to fulfill the requirement of the Labor Code of the Russian Federation, that is, about the upcoming dismissal, if the employer does not plan to continue the employment relationship with him.

If the organization at the time or during the work process has available vacancies that are suitable for the employee, including vacancies of the same name, then the employer should offer them to the temporary employee.

Question from practice: is an employer obliged to offer an employee hired under a fixed-term employment contract during the absence of the main employee a position of the same name that was vacated by another main employee?

There is no obligation to offer a vacant seat. In this case, the employee himself can come up with such an initiative and send a resume to the open vacancy.

The conclusion of a fixed-term employment contract is possible only if there are provisions established by law. One of these grounds is the temporary absence of a key employee. This basis is specified when hiring and must be recorded in the text of the employment contract. This follows from the provisions of articles of the Labor Code of the Russian Federation.

A temporary employee can become a core employee only in two cases:

• if a fixed-term employment contract was made by mistake or intentionally when the main employee returned to work, during whose absence a temporary one was accepted ();
• if the employer, on its own initiative, invites the conscript employee to take any position as a main employee, including the one he occupies temporarily (). For example, if the main employee, in whose place a temporary conscript was hired, decides to leave the organization or is transferred to another position.

Thus, the legislation does not contain an obligation to offer a conscript employee hired during the absence of the main employee a position of the same name that was vacated by another main employee. Such an offer is possible only if the employer wishes.

At the same time, the employee has the right to come up with such an initiative and send a resume to an open vacancy. In this case, the employer will be obliged to either register the employee for the vacated position, or provide evidence confirming why the temporary employee cannot apply for the position of the same name as a main employee (). In the absence of a justified refusal to hire a vacant position, the employer may suffer.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

3. Legal framework:

LETTER ROSTRUD dated November 20, 2006 No. 1904-6-1

[About a fixed-term employment contract]

The Legal Department of the Federal Service for Labor and Employment reviewed the appeal.

Attention: if a fixed-term employment contract was not terminated in a timely manner and the employee continues to work, then such a contract will be considered unlimited-term by default, even if the employer does not draw up an additional agreement to the contract to change the term ().

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

5. Question from practice: what to do with a temporary employee who was hired during the absence of the main employee, if the latter plans to quit

The employer's actions will depend on whether he plans to continue the employment relationship with the temporary employee or not.

1. The employer is not interested in the work of a temporary employee.

In order for an organization to fire a temporary employee, the main employee must return to work for at least one day after the end of the period of absence. Including on this day, the main employee may have a vacation at his own expense if he is not able to work it for some reason. The fact is that, according to the law, a fixed-term contract concluded to fulfill the duties of a temporarily absent main employee is terminated when he returns to work (). See more about this). The legality of this approach is also confirmed by the courts (see).

In such a situation, the employer can:

• negotiate with the temporary employee about dismissal;
• and if such an agreement is not reached, fire him for, for example, in connection with.

2. The employer is interested in a temporary employee.

If the organization plans to continue the employment relationship with a temporary employee, then at the end of his contract:

• neither party should demand its termination;
• and the employee is obliged to continue to perform his job functions.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Natalya Nikonova,

HR System expert

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You have an employee on your staff who has a temporary contract. During the period of working with him, you took a closer look at him, recognized his qualities and work abilities, and decided to leave him in your organization for an indefinite period of work, that is, for a permanent position.

How to transfer an employee from a temporary job to a permanent one - tips

· To do this, you must enter into a permanent work agreement with the employee. And it is absolutely not necessary to carry out the procedure for dismissing an employee, and then again formalize his employment in this position. A regular translation should be made. To begin with, the employee needs to write a statement where he will state his request to transfer himself from temporary to permanent work.

· In this application, he indicates the period of his work and the position he holds. The employee must be transferred before the expiration of the temporary contract. If this is not done in time, the employee will have to be fired and rehired, which means that the length of service earned for vacation will be reset to zero.

· After receiving the application, an order for the transfer of the employee is issued, which also indicates the duration of work, the position of the employee, the contract number, the date of its conclusion, etc.

· What follows is the procedure for concluding an employee employment contract for an indefinite period. This agreement specifies the following data: the employee’s position, the salary assigned to him, the conditions in which he works and the conditions. Responsibilities and rights on the part of the employer and employee. This employment contract is drawn up in two copies, which are sealed with the signature of the manager and the seal of the enterprise. One copy of the agreement will be kept by the employee, the second copy will be given to the HR department.

· Notes are also made in the employee’s work book, recording the transfer by serial number and date.

· If an employee works part-time for you with another job, then you need to understand how to transfer the employee from a temporary job to a permanent one in this situation. The employee must either independently resign from another job in order for you to hire him to a permanent position, or the employee’s second employer must transfer him. But for this, it is advisable for the employee to provide a note about your desire to hire him for permanent work at a parallel place of work.

The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director. The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal. Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification. The dismissal-transfer order is drawn up with reference to Article 77 of the Labor Code of the Russian Federation. The document is certified by the seal and signature of the manager. In addition, the employee also signs it. Part of the procedure ends with an entry in the labor report about dismissal and transfer to another institution. After this, the fired person receives money against payment and his personal card is closed.

Registration of transfer from temporary to permanent work

This follows from the provisions of Article 58 of the Labor Code of the Russian Federation and is confirmed by letter of Rostrud dated November 20, 2006 No. 1904-6-1. If the decision to extend the relationship is made before the expiration of the employment contract, then it can be recommended to conclude an additional agreement recognizing the contract as indefinite, but indicate that this agreement comes into force on the day following the day of expiration of the term under the originally concluded contract. And then after the fact of continuation of the labor relationship (i.e.

e. on the date of entry into force of the additional agreement) issue an order stating that the employment contract in connection with the continuation of the employee’s work is of an indefinite nature. A question from practice: is it possible to extend a fixed-term employment contract without terminating it, or do you need to fire an employee and then hire him again.

How to transfer an employee from a temporary job to a permanent one

In the absence of a justified refusal to hire a vacant position, negative consequences may occur for the employer. Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia 3. Legal basis: LETTER ROSTRUD dated November 20, 2006 No. 1904-6-1 [On a fixed-term employment contract] The Legal Department of the Federal Service for Labor and Employment has considered the appeal.

How to transfer a temporary employee to a permanent job?

At the same time, the specialist continues to perform his functions after the contract has expired. After a fixed-term employment contract has expired, it automatically becomes concluded for an indefinite period. Additional agreement will be required. It will indicate that the contract is of unlimited duration, and the work changes in nature from temporary to permanent.

List of documents required to obtain permanent employment status within the organization: Application from a specialist with a request to apply for a permanent position. It should be written before the temporary contract expires. The document is drawn up in the name of the first person of the company. An order to transfer an employee from temporary to permanent work, issued on the basis of an application.

How is the transfer of an employee from a temporary job to a permanent one formalized?

If in this situation, by the term “rate” you mean the same position, and the terms of the employment contract do not change (except for the term of the employment contract), then we cannot talk about transfer, because transfer involves a change in labor function, structural unit (if it is specified in the employment contract), transfer to another location together with the employer (Article 72.1 of the Labor Code of the Russian Federation). Read more about the transition from temporary to permanent work here: The term of the employment contract is a special condition of the contract. In fact, if the term changes, then the fixed-term contract itself changes, that is, it is not a change in the concluded contract, but a new contract is drawn up.

Therefore, in this case, the fixed-term employment contract should be terminated at the initiative of the employee or by agreement of the parties, and then an employment contract should be concluded for an indefinite period.

Registration of transfer from temporary to permanent position

Important

If an employee is hired during the vacation of the main employee, then he must be dismissed in connection with the departure of the main employee. Dot. But, if the employer has a vacancy, then he can order to transfer the “temporary” employee to a permanent place of work. But all documents must be prepared before the end of the temporary work period.

Familiarize the employee with the order against signature. 5 After two months, make an entry in the employee’s work book about dismissal by transfer to another organization, issue funds against settlement, close the personal card for the employee.

How to transfer from a temporary job to a permanent one in the same position

In order for an organization to fire a temporary employee, the main employee must return to work for at least one day after the end of the period of absence. Including on this day, the main employee may have a vacation at his own expense if he is not able to work it for some reason. The fact is that, according to the law, a fixed-term contract concluded to fulfill the duties of a temporarily absent main employee is terminated when he returns to work (Part 3 of Article 79 of the Labor Code of the Russian Federation). For more information about this, see How to formalize dismissal due to the expiration of an employment contract. At the same time, the main employee may quit before his expected date of return to work. Since the law does not prohibit him from filing a resignation letter during his temporary absence.

Return to Employee TransferEmployees of institutions may receive temporary status for a number of reasons. One of them is replacing another specialist in a position if he went on administrative leave, maternity leave, etc. But the former employee may subsequently quit. In this case, the question will certainly arise of how to transfer a previously accepted person from a temporary position to a permanent job.

Attention

The procedure does not imply a complex scheme of actions. It is not necessary to draw up a statement asking to be fired, and then follow it with a demand to be hired again. However, there are some nuances that are worth considering. They are related to paperwork. Article 58 of the Labor Code of the Russian Federation presupposes the presence of certain requirements.

• When re-registering externally, the new employer draws up a written application using the full name of the head of the previous institution where the employee is employed. The invitation indicates the specialist’s initials, his position, as well as the date of planned admission to the new organization. The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director.
• The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal.
• Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification.
• The dismissal-transfer order is drawn up with reference to Article 77 of the Labor Code of the Russian Federation.

At the same time, we must not forget that an employee who is on maternity leave retains her place of work (position) and, if you again hire an employee to replace her, a fixed-term employment contract will be concluded. If by “rate” you mean another vacant position, then a transfer will take place (Article 72.1 of the Labor Code of the Russian Federation). In this case, it is necessary to conclude an additional agreement on changing the employee’s labor function and other terms of the employment contract (if such a change occurs) and issue a transfer order on its basis. In the event of a permanent transfer to another job (position), the previously concluded condition on the temporary nature of the work loses force, since in relation to the new job the previous grounds for the urgent nature of the labor relationship no longer apply (Part 2 of Article 58, Part 1 of Article 72.1 of the Labor Code of the Russian Federation ).
Attention: if a fixed-term employment contract was not terminated in a timely manner and the employee continues to work, then such a contract will be considered indefinite by default, even if the employer does not draw up an additional agreement to the contract to change the term (Part 4 of Article 58 of the Labor Code of the Russian Federation). Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia 5. Question from practice: what to do with a temporary employee who was hired during the absence of the main employee, if the latter plans to quit. The employer’s actions will depend on whether he plans to continue his employment relationship with a temporary employee or not. 1. The employer is not interested in the work of a temporary employee.

I’m writing it as it is because I’m confused. We hired a specialist while she was on maternity leave, and a few months later we transferred her temporarily to the position of head of the same department. Now we want to transfer this employee permanently to the position of specialist, and leave the temporary transfer to the position of manager. Is this option possible and how to do it? And one more thing: A specialist is hired for the duration of another specialist who is on maternity leave, after a while the maternity leave ends, but we have another place where the employee is on maternity leave at a later date. Is it possible to transfer this employee to that maternity leave by additional agreement? How can everything be documented correctly without violating the Labor Code?

Answer

Answer to 1 question: I’m writing it as it is because I’m confused. We hired a specialist while she was on maternity leave, and a few months later we transferred her temporarily to the position of head of the same department. Now we want to transfer this employee permanently to the position of specialist, and leave the temporary transfer to the position of manager. Is this option possible, and how to do it?

A fixed-term employment contract can be made indefinite, since the Labor Code of the Russian Federation provides for the possibility of such a change. To do this, conclude a contract in which you indicate the condition that the contract is concluded for an indefinite period, and then, based on the agreement, issue the corresponding document.

Since it is necessary to make a fixed-term contract indefinite for the first position for which the employee was hired - a specialist position, and now the employee is temporarily occupying another position, we believe that you should first stop the temporary transfer and provide the employee with his previous job, enter into an agreement with him that the contract becomes indefinite, and after that (you can even the next day) again arrange a temporary transfer to the position of manager.

Answer to question 2: A specialist is hired for the duration of another specialist who is on maternity leave, after some time the maternity leave ends, but we have another place where the employee is on maternity leave at a later date. Is it possible to transfer this employee to that maternity leave by additional agreement? How to document everything correctly without violating the Labor Code?

No you can not.

A fixed-term employment contract is concluded with a temporary employee for the duration of the duties of one absent employee, who retains his place of work. That is, the newly hired employee must perform job duties one specific employee during his absence. A fixed-term employment contract concluded with such a temporary employee is subject to termination when the absent employee returns to work. Consequently, it is impossible to immediately conclude one fixed-term contract with a temporary employee to replace several permanent employees who will alternately be on vacation.

This conclusion follows from the provisions of Part 1 of Article 59 and Article 79 of the Labor Code of the Russian Federation.

To formalize temporary work in such a situation, the employer should work with the temporary worker sequentially - first to replace one employee, then another. Moreover, after each permanent employee returns to work, the employer will need to work with a temporary employee and enter into a new one, on a new basis.

Details in the materials of the Personnel System:

1. Answer: What documents need to be drawn up if a fixed-term employment contract was not terminated at the end of its validity period and became indefinite?

Nina Kovyazina

If a fixed-term employment contract was not terminated in a timely manner - intentionally or due to oversight, then it is recognized as indefinite. That is, imprisoned for an indefinite period.*

Since the term is a mandatory condition of the contract, this fact can be documented. To do this, conclude a contract in which you indicate the condition that the contract is concluded for an indefinite period, and then, based on the agreement, issue the corresponding document. Rostrud also gives such recommendations.

Attention: if a fixed-term employment contract was not terminated in a timely manner and the employee continues to work, then such a contract will be considered unlimited-term by default, even if the employer does not draw up an additional agreement to the contract to change the term ().

Temporary transfer by written agreement

How to temporarily transfer an employee to another job by agreement of the parties

Record of temporary transfer

Is it necessary to make an entry in the work book about the temporary transfer of an employee to another job?

Do not make an entry about the temporary transfer in the work book, but it can be made in the employee (Rules, approved, instructions, approved).

If temporary work is of a special nature and is important for confirming the employee’s preferential length of service (for example, temporary work as a doctor), then such work experience can be confirmed by a certificate from the employer about the performance of the relevant work, an additional agreement to the employment contract on temporary transfer, etc.

The courts take a similar position. See, for example,.

Example of registration of temporary transfer of an employee to another job

A.V. Lampochkin works as an electrician for the organization. In November 2008, an accident occurred - the warehouse building collapsed.

During the period of liquidation of the consequences of the accident, Lampochkin was transferred to replace a temporarily absent employee for a less qualified job (appointed as a watchman). The duration of the temporary transfer is 14 calendar days (from November 13 to November 26 inclusive). The employee agrees with the transfer. The corresponding entry was made on the transfer. The manager issued a transfer notice.

Lampochkin’s days of work as a watchman were paid based on his average earnings from his previous job - 552.60 rubles/day. During the temporary transfer, the employee worked 10 working days. Therefore, Lampochkin was accrued:

RUB 552.60/day × 10 days = 5526 rub.

Termination of temporary transfer

How to formalize the termination of a temporary transfer

After the end of the transfer period, it is advisable to issue an order to provide the employee with the previous job, since if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (). Such an order does not have a unified form, so draw it up in .

If the condition of the agreement on the temporary nature of the transfer has lost force and the transfer is considered permanent, then to document this situation it is recommended to draw up a new agreement between the employee and the employer regarding the change in the nature of the transfer and issue a corresponding document. Among other things, you will need to make records of the permanent transfer to and employee (approved).

It should be taken into account that if, upon completion, it is impossible to provide him with his previous job, then he must be ().

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

3. Answer: Is it possible to hire an employee under a fixed-term employment contract at once to replace several employees who are alternately on vacation?

Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

No you can not.

A fixed-term employment contract is concluded with a temporary employee for the duration of the duties of one absent employee, who retains his place of work. That is, a newly hired employee must perform the job duties of one specific employee during his absence. A fixed-term employment contract concluded with such a temporary employee is subject to termination when the absent employee returns to work. Consequently, it is impossible to immediately conclude one fixed-term contract with a temporary employee to replace several permanent employees who will alternately be on vacation. with a temporary worker - as the relevant main workers go on vacation. Moreover, after each permanent employee returns to work, the employer will need a temporary employee.

From the answer ""

02.06.2015

With respect and wishes for comfortable work, Yulia Meskhia,

HR System expert

The most important changes this spring!

• 
  There have been important changes in the work of HR officers that must be taken into account in 2019. Check in the game format whether you have taken into account all the innovations. Solve all the problems and receive a useful gift from the editors of the “Personnel Business” magazine.
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Inspectors from GIT and Roskomnadzor told us what documents should now under no circumstances be required of newcomers when applying for employment. Surely you have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.
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  If you pay vacation pay a day late, the company will be fined 50,000 rubles. Reduce the notice period for layoffs by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.