I work temporarily during maternity leave. What does maternity rate mean - concept and features

When a woman informs her employer about her pregnancy, the employer can do the following: match the employee with a suitably qualified applicant for her position. Or invite one or more employees to take on the duties temporarily performed by her.

Restrictions for the employer

When hiring a specialist for a vacant position, every employer strives to find him permanent employee who will professionally cope with the responsibilities assigned to him. However, no one is immune from the fact that a person can become seriously ill, get work injury or simply wish to move to work for another company.

Another fairly common case is when an employee informs the employer about her own pregnancy. Each leader may take this news differently. After all, joy for expectant mother or disappointment due to the imminent need to find an employee who will need to be entrusted with completing it job responsibilities, are completely normal human reactions.

However, any employer is obliged to act in this situation strictly according to the law. One of the most optimal options – urgent employment contract for a while maternity leave .

So, article 255 Labor Code The Russian Federation states: when an employee shows the employer a doctor’s report about her pregnancy, he must mandatory invite her to go on maternity leave. It is usually called maternity leave. Wherein workplace the woman should retain it for this period.

Maternity period

If the birth was not complicated, then the woman can rest for 70 days after the birth of the baby. The same period is allotted for rest before childbirth. When during pregnancy the doctor assumes that the birth will be complicated, he writes out a sick leave. In this case, after the birth of the child, the employee may be on vacation for 110 days.

In total, maternity leave can therefore range from 140 to 194 days. This is approximately 4 – 6 months. An employee can use it regardless of the date of birth of the baby, since the law gives her a total number of days for rest.

Employers often prefer to hire an outsider to fill a temporarily vacant position. Including, they go to fixed-term employment contract during maternity leave. This is due to the fact that:

• It is not always possible to find an employee in a company who can fully cope with professional responsibilities a colleague who went on maternity leave;
• registration of substitution is always associated with certain difficult moments prescribed in the Labor Code of the Russian Federation.

Sign with such a person fixed-term employment contract during maternity leave. Its design has certain features.

Contract period

The signing of a fixed-term employment contract is described in Chapter 10 of the Labor Code. Thus, Article 58 contains information about the period for which the contract can be signed. And Article 59 of the Labor Code of the Russian Federation regulates the conditions under which an employment contract falls under the category of fixed-term:

• the organization accepts an employee into its ranks for the period of his internship at work;
• the company needs an employee who will be entrusted with the implementation specific types works (to avoid conflicts, their list should be in the signed employment agreement);
• a person gets a job in an organization to perform clearly defined seasonal work;
• the company operates until it fulfills specific obligations (it is possible that the organization operates only certain period, which is stated in the statutory document);
• labor contract for fixed term signed with a person sent to work abroad.

Let us note that the situation with imprisonment is not specified separately in the legislation.

Meanwhile, a new employee can be signed fixed-term contract, if he occupies the position of a woman on maternity or child care leave. At the same time, the latter retains her position.

Due to the fact that in regulatory documents all that is clearly stated is that the employment contract of the category in question must specify the period for which it is concluded, but there are no clear instructions on how exactly this should be done; experts disagree (see table).

№	Position	Explanation
1	The employer must duplicate the period taken from medical certificate women, in a contract concluded with the employee who came to her place	In this case, if it is necessary to extend a woman’s maternity period (for example, if she had a complicated birth), the employer and the replacement employee sign another agreement regulating the new terms
2	Take the wording of the urgency of the contract from the Labor Code	The head of an organization can save himself from the actions and paperwork described above simply by resorting to the norm of the Labor Code of the Russian Federation

We must not forget that according to Article 70 of the Labor Code of the Russian Federation, the employer and within the framework fixed-term employment contract during maternity leave may offer the applicant for the position to pass probation. However, this may not be the case in all cases. Yes, the absence trial period occurs in the following cases:

• a newly minted graduate of a higher or secondary specialized educational institution gets a job;
• the person was selected by the employer through a competition, the provisions of which are prescribed in legislative acts;
• the person is employed for a period of up to two months;
• transfer of employee to new position was previously agreed upon with his previous employer;
• a pregnant woman or the mother of a child under the age of one and a half years was hired for the vacant position;
• the hired employee is a minor.

Sometimes there are other cases of hiring an applicant without a probationary period.

Peculiarities fixed-term employment contract during maternity leave

After maternity leave, a woman may wish to take similar time off to look after her child. And in this case, the manager is obliged to provide it to her. In this case, the replacement employee must agree to the forced extension of the fixed-term contract with him. Then the manager agrees on the terms with the woman and the employee hired under a fixed-term contract. After this, an additional agreement is either signed with the latter or the contract is renegotiated new period time.

Termination of an employment contract (fixed-term) is regulated by Article 79 of the Labor Code of the Russian Federation. It occurs when (see table):

№	Base	Explanation
1	The contract has expired	Three days before the end date fixed-term contract the employer must notify temporary worker that the period of the agreement with him is coming to an end
2	The replaced employee returns to work	If there was maternity leave, the employer must inform the employee hired for this time that he has received an application from the woman to return to her position.

Note: the law does not oblige the employee to write such a statement (the second basis), but this moment It’s still better for the manager to discuss it with her first. This will enable the employer to begin preparing documents in advance for the temporary employee to terminate his contract.

One more thing to remember important point associated with fixed-term employment contract during maternity leave. Article 58 of the Labor Code of the Russian Federation provides for the possibility of transferring a fixed-term employment contract to the category of open-ended ones. This becomes possible if none of the parties involved has expressed a desire to end the working relationship.

In this case, it is better for the employer and employee to sign an agreement to transform a fixed-term employment contract into an open-ended one. Although this is not required by law, we strongly advise it.

Maternity after maternity leave

In a relationship fixed-term employment contract during maternity leave A situation is also possible when, during maternity leave, the head of the organization invites another employee to a temporarily vacated position, who after some time also informs him of her pregnancy and asks to issue maternity leave for her. What should the employer do according to the law in this case?

Chapter 41 of the Labor Code provides for a woman hired on a fixed-term basis labor contract, the same rights as for the employee she replaces. However, there are some nuances here.

The relationship between an employer and an employee hired under a fixed-term employment contract is regulated by Article 261 of the Labor Code of the Russian Federation. It assumes the following:

1. pregnant employee also brings out medical institution a certificate confirming her “interesting position”;
2. after this, the woman writes a statement asking for leave;
3. then, at the request of the employer, but no more than once every three months, she must bring from honey. institution certificate of pregnancy.

If these conditions are met, the woman replacing the employee will be extended contract of employment for the period of maternity leave. In the event that there were complications during childbirth, she has the right to extend the vacation and, along with it, the employment contract for defined by law amount of days.

One more nuance is important. Within a seven-day period after the birth is known to the woman employed by fixed-term employment contract during maternity leave, child, the employer must terminate the temporary agreement with her. If this is not done, the contract automatically becomes an open-ended contract.

How to interpret

Let us consider the very interpretation of the urgency of the agreement to hire an employee in the situation described above (see table).

№	Stage
1	The urgency of the agreement between the employer and the employee is based on what she occupied a certain position due to the absence of an employee whose workplace is assigned by labor legislation until his return
2	The employment contract with a pregnant replacement employee can be terminated
3	In this case, the employer is obliged to offer the woman vacancies in the company for which she can apply
4	If there are no suitable vacancies for the employee, you can terminate the employment agreement with her

So, based on everything stated above, we can draw conclusions. During fixed-term employment contract during maternity leave employee, the employer must retain her position. But at the same time, he can hire another person in her place under a fixed-term employment contract. Thus, the employer fills the existing temporary vacancy and ensures that his organization completes the same amount of work.

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CONSULTATION

temporary transfer to another job

to replace a temporarily absent employee

If the employee’s transfer is not permanent and is carried out only for the period of the employee’s future absence, while the employee’s previous position in staffing table remains, it is necessary to be guided by Art. 72.2 Labor Code of the Russian Federation. Moreover, the period of such transfer is determined by the time of absence of this employee, and not by a specific date.
To carry out a transfer, an “agreement of the parties, concluded in writing“, that is, you need to sign an additional agreement to the employment contract (see example 1).

Example 1.

Additional agreement
to the employment contract dated October 10, 2006 No. 26

JSC "Russian Railways" represented by the head of the Severobaikalsk station, Ivan Ivanovich Ivanov, acting on the basis of power of attorney No. __ from __, hereinafter referred to as the Employer, on the one hand, and Olga Petrovna Petrova (passport: 19 24 325413, issued on January 20, 2007 by the Severobaikalsk City Department of Internal Affairs, holding the position the acceptor, hereinafter referred to as the Employee, on the other hand, and together referred to as the Parties, have entered into this additional agreement to the employment contract dated October 10, 2006 No. 26 as follows:
1. The employee is temporarily transferred to the position of senior commodity cashier for the period of absence of Elena Ivanovna Sidorova in connection with the provision of maternity leave and child care leave.
The start date of the temporary transfer period is determined by the moment Elena Ivanovna Sidorova begins maternity leave. The end of the temporary transfer period is determined by the moment Elena Ivanovna Sidorova leaves for old place work.
2. For the period of temporary transfer, the employee is established official salary stipulated by the staffing table for the position of senior commodity cashier, and also bonuses, additional payments and bonuses are paid as provided for in the regulations on wages and bonuses, taking into account the performance official duties senior commodity cashier by position.
3. During the performance of the duties of a senior commodity cashier, the Employee is assigned an irregular working day in accordance with the internal labor regulations.
4. Other rights and obligations of the Employee are established in accordance with job description senior commodity cashier for the entire period of temporary transfer.

1. During the period of temporary transfer, Olga Petrovna Petrova retains her previous position.
   5. This agreement is drawn up in two copies, one for each Party, and comes into force from the moment of signing.

Employer Worker

M.P.
A copy of the present additional agreement received by the employee
signature “___” _______ 2010
After signing an additional agreement to the employment contract, it is necessary to issue an order for a temporary transfer and familiarize the employee with it against signature. Then you should reflect information about the transfer in the employee’s personal card (unified form T-2). The section “Hiring, transfers to another job” is intended for this purpose.
According to the explanations of the State Statistics Committee on filling out this unified form entries are made in this section on the basis of an order (instruction) on hiring (Form N T-1 or N T-1a) and on the basis of an order (instruction) on transfer to another job (Form N T-5). That is, the State Statistics Committee of Russia requires that any type of transfer be reflected in a personal card. The employee should be familiarized with the entry made about the temporary transfer and his signature should be removed in column 6 this section T-2 forms.
But in work book There is no need to make a record of such a transfer, despite its lengthy nature. According to clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, the work book contains information about the employee, the work he performs, and transfer to another permanent job and about the dismissal of the employee, as well as the grounds for termination of the employment contract and information about rewards for success in work. Temporary transfer not mentioned in this list.

In the company’s documents (vacation schedule, time sheet, etc.), the temporarily transferred employee will be listed in his previous position, because the transfer is not permanent, and the position of “maternity leaver” is not vacant so that another employee can begin to be registered in it . The “maternity leaver” herself will also be taken into account in the organization’s documentation for her previous position. For example, in the timesheet she will be given the codes “P” (maternity leave) and “OZH” (child care leave).
The temporarily transferred employee will sign the documents as “Acting Senior Commodity Cashier” or “I. O. senior merchandise cashier.
When the employee returns from maternity leave, the temporarily transferred employee is transferred by order of the employer to her previous position. Accordingly, an entry will be made again in Form T-2. An additional agreement to the employment contract on “reverse” transfer is not required.

Processing the transfer of an employee to his previous position can cause many difficulties. For example, issuing an order for a “reverse” transfer using the unified T-5 form is quite problematic. So, in the T-5 form it is necessary to fill in the details “former place of work”. What to write in this case - the position according to the concluded employment contract or the position to which the employee was temporarily transferred? Next, you need to determine a “new place of work,” but returning to your previous place of work is not such.

Of course, you can ignore these wordings; in this case, it would be appropriate to draw up an order in free form: “In connection with Elena Ivanovna Sidorova’s release from maternity leave, I order Olga Petrovna Petrova to be relieved of her temporary duties as a senior commodity cashier and transferred to her previous place of work as ____________ in accordance with the concluded employment contract. Reason: additional agreement dated February 27, 2010, w/n to the employment contract dated October 10, 2006 No. 26, statement by E.I. Sidorova about going to work."
Sometimes there is an opinion that the reverse transfer in this case should be carried out automatically, without issuing an order to return the employee to his previous job. However, in the T-2 card, the employer reflected a temporary transfer to the position of senior acceptance officer, so it is impossible not to reflect the reverse transfer, for which, in fact, an order is required.
If the absent employee, without leaving maternity leave, takes out another maternity leave in connection with a second pregnancy, the temporary transfer will continue for this period. There is no need to draw up a new additional agreement.

However, if immediately after maternity leave the employee decides to take annual paid leave, the temporary transfer agreement will be considered terminated, because it was concluded for the period of absence due to maternity leave and parental leave. In this case, if the employee agrees, the employer may offer him to conclude a new agreement, but only for the duration of the employee’s absence due to paid leave.

If the employer decides to transfer a temporarily transferred employee to his previous position without waiting for the woman on maternity leave (for example, it is planned to hire a more qualified employee under the terms of a fixed-term employment contract while replacing the absent employee), then in this case some questions may arise. For example, is it possible to transfer such an employee back without asking for his consent?

Let us remind you that the condition for temporary transfer is fixed in the additional agreement to the employment contract. If we were talking about a temporary transfer without the employee’s consent, then the employer would have every reason to “early” return the employee to his previous place. But in in this case this condition is agreed upon by the parties in writing, and its change in unilaterally is unlikely to be legal. In this case, the consent of the temporarily transferred employee is mandatory.
We believe that a way out of this situation would be to fix the corresponding condition in an additional agreement. For example: “A temporary transfer may be terminated due to the following circumstance: hiring by the Employer for the position of the temporarily absent Elena Ivanovna Sidorova of another person under the terms of a fixed-term employment contract..."

Let us assume that the employee has expressed a desire to return “early” to his previous position, since leadership position and work in conditions of irregular working hours do not meet his interests and negatively affect his family responsibilities. It is clear that he cannot do this unilaterally. Consequently, he must apply to the employer, but the employer has the right to refuse such a request, referring to the written agreement of the parties. Therefore, it is in the employee’s interests to include in the additional agreement the conditions under which the employer will be obliged to transfer him to his previous place.

Thus, a temporary transfer (Article 72.2) by agreement of the parties to replace a long-term absent employee must be formalized a separate document— an additional agreement to the employment contract. It is in this regard that such a translation and its staffing differs significantly from a “simple” temporary transfer carried out by the employer without the employee’s consent.

During the performance of the duties of an absent employee replacing a “maternity leaver,” another employee may be hired under a fixed-term employment contract. The fixed-term employment contract with this employee is terminated upon the return of the “maternity leave” and the return of the temporarily transferred employee to his position.

The relationship is of a different nature if the employee’s position is reduced, others vacant positions the company does not have one, or the employee refused the offered vacancies. The employee is offered a job related to replacing a temporarily absent person, and the employee has agreed to go to this job.

In this case, the employment contract with the employee is terminated according to the rules of clause 2 of Article 81 of the Labor Code (for layoffs), with the payment of compensation for layoffs (Article 178 of the Labor Code):

— wages for the last month worked;

- vacation pay for unused vacation(including additional);

— for loyalty to the company;

-payments according to clause 4.1.5. Collective agreement;

— severance pay in the amount of average monthly earnings.

We remind you that the dismissal of a trade union member under clause 2 of Article 81 is carried out according to motivated opinion trade union committee

At the same time, a fixed-term employment contract is concluded with the employee to perform the duties of a temporarily absent employee, which, upon expiration of the agreed period, is terminated according to the rules of Art. 80 Labor Code of the Russian Federation.

The text is based on materials from the magazine " Personnel department and enterprise personnel management."
S.Ya.Kapustin
Severobaikalsky Terkom, legal inspector.
05.02.2010

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Quite often, an employer hires an employee to replace an employee who is on maternity or child care leave.

This possibility falls under the basis for concluding a fixed-term employment contract, provided for in paragraph. 2 part 1 of article 59 of the Labor Code (LC), according to which “for the duration of the performance of the duties of an employee, for whom, in accordance with labor legislation and other regulatory legal acts, containing norms labor law, collective agreement, agreements, local regulations, the employment contract preserves the place of work.”

In some organizations, the expiration date similar agreement often associated with the onset of a specific date. In fact, fixed-term employment contracts are terminated upon the occurrence of a certain event, namely the return to work of the main employee (Part 3 of Article 79 of the Labor Code).

By writing such provisions into the contract, the employer thereby creates an extra headache for himself in the future. The temporary worker reasons as follows: “The contract says that it is valid until April 15, 2009. Therefore, if I was not fired after this date, then my contract has become unlimited.”

IN current legislation There is no such thing as maternity leave. As a result, it turns out that the employee can only understand maternity leave by it, and the employer can also understand it as parental leave.

As a result, a conflict may arise between the employer and the employee hired under a fixed-term employment contract.

Who is right?

According to the first point of view, with the end of the period specified in the fixed-term employment contract, its validity expires. Indeed, according to Article 58 of the Labor Code, in the case where neither party has demanded termination of a fixed-term employment contract due to the expiration of its validity period and the employee continues to work, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded at indefinite term. And if the period ends, the fixed-term employment contract also ends.

Let's consider the situation.

A fixed-term employment contract was concluded with the woman for the period of maternity leave of another employee. The employer and employee do not agree on what it is. The woman believed that after the main employee, without going to work after maternity leave, took parental leave, her employment contract was transformed into an open-ended one. When the main employee returned, her replacement employee was fired.

The court, examining the case and identifying whether there was a transformation of the employment contract, considered that it was necessary to establish what maternity leave is. Maternity leave is a name sometimes used in everyday life for maternity leave in Russia. The court recognized the fact of transformation of a fixed-term employment contract into an open-ended one.

This is not a completely correct solution to the issue.
Firstly, Part 3 of Article 79 of the Labor Code directly provides that the validity of an employment contract concluded for the duration of the duties of an absent employee terminates when this employee returns from vacation. The Labor Code itself connects the end of a fixed-term employment contract not with the end of the period specified in the employment contract, but with the departure of the main employee. Moreover, according to the Labor Code, it does not matter whether it came out earlier stipulated period or later.

Secondly, the current labor legislation By general rule does not provide for the extension of a fixed-term employment contract. Therefore, if one is of the opinion that his term expires with the end of the relevant period, then the employer must fire the temporary employee, and the next day hire him again for a new period. Moreover, such periods can last several days.

Thirdly, the purpose of concluding a fixed-term employment contract with a temporary employee is to replace the main employee; circumstances - absence of the main employee from work, retention of the main employee’s place of work. If the circumstances and purpose have not changed, then there is no need to talk about the expiration of the employment contract, even if it contains specific dates, which have long passed, or periods that smoothly flowed into new ones.

Consequently, the term of an employment contract with a temporary employee ends not with the end of the period specified in the contract, but with the return to work of the main employee.

What if a temporary worker also becomes pregnant?

If the main employee goes to work while her pregnant employee replacing her is still working, then some global problems should not arise. In this case, according to Article 261 of the Labor Code, at the request of the woman and upon presentation of the appropriate medical certificate, the employer must extend the validity of the employment contract until the end of pregnancy. However, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible to transfer the woman to another job available to the employer before the end of her pregnancy, then dismissal is permitted.

What if the main employee left not while another employee was pregnant, but already while she was on maternity leave?

Some experts believe that it is possible to fire a temporary replacement employee, despite the fact that she is on maternity leave. Firstly, a fact-event has occurred, and secondly, dismissing an employee during his temporary disability or while on vacation is prohibited only in the event of termination of the employment contract at the initiative of the employer. Accordingly, if the employer does not fire a temporary employee while she is on maternity leave, then her fixed-term employment contract is transformed into an open-ended one.

However, according to Part 4 of Article 256 of the Labor Code, during the period of parental leave, the employee retains his place of work, which has not yet been canceled. Moreover this article does not differentiate whether an employee on parental leave works under a fixed-term or open-ended employment contract.

A number of experts express the following point of view.

If the employee who replaced the “main” employee herself went on maternity leave - before the end of such leave for the “main”, then the employer, most likely, will not be able to terminate the fixed-term employment contract with this employee while she is on leave. this vacation(but he doesn’t carry additional expenses- the employee during this entire period is not within the scope of labor law, but within the scope of social security law).

You can, of course, negotiate the termination of an employment contract, for example, by agreement of the parties. But it will be possible to fire an employee on the first day of returning to work after vacation, because the “main” employee is already working in this place, due to the expiration of the employment contract (Article 79 of the Labor Code).

© Please note Special attention colleagues on the need to refer to "

Maternity leave is granted to female employees on the basis of a certificate of incapacity for work. During the period of maternity leave, the employer has the right to hire another employee. When hiring an employee, the temporary nature of the employment is taken into account.

Who publishes

The period of maternity leave is determined strictly according to the certificate of incapacity for work. The period contains the prenatal and postpartum periods, indivisible and indicated in full in one sick leave.

The start and end dates of the vacation are determined by the pediatric consultation doctor. At the end of prenatal and postnatal leave, a period of child care is issued.

Basic provisions maternity period:

• the period is 140 days and can be extended with a new certificate of incapacity for work in case of complicated childbirth;
• when successful birth the employee is given the right to take parental leave;
• child care time does not apply to the period of maternity leave, it is provided on the basis of the person’s application and by order of the employer.

During the period of temporary absence of the employee, it is allowed to hire another employee under a fixed-term contract. On legislative level the right is granted in the Labor Code of the Russian Federation.

During the hiring of a temporary person, the main employee is assigned a place of employment. After absence, the employee returns to the place he occupied before maternity leave.

If a temporary worker is hired only for the duration of the main employee’s certificate of incapacity for work, the period of his employment is limited to the end date sick leave.

Despite urgent nature contract, the employer must not warn the person about the end of the agreement (Labor Code of the Russian Federation).

Possible employment options:

1. Hiring an employee to the main place of employment under a fixed-term employment contract.
2. Hiring a part-time employee who has his main place of work. Upon registration, an employment contract is concluded. The duties of a person on maternity leave are fulfilled by working out working hours.
3. Registration of combining the duties of an employee of the enterprise for the period of absence. The performance of the duties of a temporarily absent person is entrusted to an employee of the enterprise during the period of performance of the main work. Any employees have the right to combine positions, except those with positions special conditions work with increased harmfulness or related to transport management.

Temporary employment for the period of sick leave for prenatal and postnatal leave is allowed for enterprises of all forms of ownership.

Sick leave payments in in full compensated by the Social Insurance Fund. Remuneration to the replaced employee does not lead to exceeding the approved wage fund, which is especially important for accounting for budgetary organizations.

How to draw up an order for employment during maternity leave and its sample

An administrative document (order) on employment is drawn up for persons hired under an employment contract. The employer independently has the right to choose the wording in the contract that determines the period of validity of the substitution.

TO possible forms relate:

• definition in the contract limited period actions. The end date is the day the certificate of incapacity expires;
• hiring for the period of temporary absence of an employee (specify data), whose place of employment is retained.

When hiring before the main employee actually goes to work temporary agreement will also apply during the period of parental leave.

There is no need to renew the contract. If the main employee is dismissed at the end of maternity leave (for example, due to moving to another location), the agreement becomes an open-ended contract.

If the contract is of a fixed-term nature and limited to the end date sick leave extension is possible by drawing up an additional agreement.

For example, you can formulate: “Extend the validity of contract No. 1 dated January 10, 2015. Ivanova A.A., concluded for the period of prenatal and postnatal leave by Petrova M.T., until the date of departure of the main employee.”

The employment order must reflect prerequisites hiring:

• information about the enterprise;
• document numbering assigned in accordance with the registration log;
• information about the hired employee;
• information about the position or specialty being filled;
• conditions and nature of work;
• remuneration and allowances;
• probation;
• the basis for issuing the order is an employment contract indicating the numbering of the document.

The form is signed by the manager or a person with similar rights - his deputy. The person being hired must be familiarized with the order within 3 days from the date of employment.

If the enterprise formalizes a combination of positions to perform duties, the order is drawn up in free form. In document flow when registering a combination important role plays a statement.

An employee can be entrusted with combining positions only with his voluntary consent. Before issuing the order, the personnel authority of the enterprise draws up an additional agreement to the main contract of the employee who formalized the combination.

An approximate wording of the text of the order: “To formalize the combination of the position of manager for economist A.A. Petrova. for the period of maternity leave Serova K.K. (or until the main employee K.K. Serova leaves) from November 25, 2015. Establish an additional payment for combining duties in the amount of 30% of the salary of economist A.A. Petrova.”

The order is signed by the manager and then reviewed by the employee. The document serves as the basis for calculating wages.

No time records are kept for combination work. Wage the employee is accrued in the amount established in the order - fixed amount or percentage in relation to basic earnings. An entry about combining positions is not made in the work book.

With probationary period

The procedure for determining the probationary period is defined in the Labor Code of the Russian Federation. The period is provided to determine the employee’s suitability for the position held. The test is administered once during employment.

Features of the probationary period for replaced persons:

1. When drawing up fixed-term contracts for a period of validity from 2 to 6 months, the trial period should not exceed 14 days.
2. For contracts with a validity period of less than 2 months, the trial period does not apply.
3. If a combination of positions is arranged for a temporary employee, a probationary period is not established. When combining, only an additional agreement to the existing employment contract is not concluded, which cannot contain a probationary condition. There is no condition of initial employment.

The calculation of the end of the trial period is determined without taking into account the time of absence due to illness, vacation or other reasons permitted by law and subject to the consent of the employer.

If a person has begun performing temporary duties by way of transfer, a probationary period is not assigned.

In order of translation

The transfer of an employee is carried out either within the enterprise or from one permanent employer to another. The place of employment during an employee’s maternity leave is not vacant.

Translation to permanent place employment between enterprises is not carried out, except in cases of fixed-term contracts at both places of employment, which does not lead to a deterioration in conditions.

Translation is understood as a change in the terms of the contract, executed by agreement of the parties and on the basis of a written agreement.

The fact of transfer is not reflected in the work book due to the temporary nature of the work. Sample text: “Transferred to the position of economist.”

The additional agreement and order must indicate that the transfer is carried out for a period of temporary absence specific person. The employer must reflect information about the transfer in the employee’s personal card.

After the employee returns from maternity leave, the replacement employee is transferred to the previous place of employment. The temporary employee must be notified of the transfer 3 days in advance.

At the same time

A part-time worker may be hired while the employee is on maternity leave. The contract is of a fixed-term nature until the end of the sick leave or establishes a period until the departure of the main employee, taking into account the prospect of taking parental leave. The employee is employed at extra bed in the presence of a main agreement.

The duties are performed:

• with time worked according to a schedule or by agreement with the employer;
• under an employment contract drawn up in a standard standard version indicating the conditions - part-time work and time limits.

Working hours are limited to half a standard working day. A part-time job can be arranged by an employee of an enterprise or another person from another employer.

Availability additional agreement reflected in the work book at the request of the employee and in the personal card of the main place of employment.

The hiring of an employee during maternity leave can be completed before the end of the certificate of incapacity for work or the departure of the main employee.

Substitution during the vacation period can be arranged in the form of a part-time or part-time job. Hiring or combination of jobs is formalized by orders.

Video: Hiring: basic documents and rules for their preparation

A maternity position is a temporarily vacated position due to an employee going on maternity leave. Although there is no official definition in the Labor Code of the Russian Federation for maternity pay, the HR department often encounters this aspect when arranging replacement procedures maternity position, transfer to a maternity position. Let's study this issue comprehensively.

When an employee registers at the enterprise, a vacant temporary workplace is created. The manager can appoint a new employee to the agreed place by concluding an employment agreement with him established deadlines cooperation. In this case, a change in salary may be provided.

When applying for a job in place of a maternity leaver, it is worth taking into account the fact that the previous employee is returning to the position he retained. That is, a temporarily hired employee cannot count on permanent employment. Even if the employee decides to extend her leave due to pregnancy, the manager can enter into an agreement with the next applicant.

One of the options for extending leave is going on maternity leave from a maternity position, which is the basis for the employee to extend her fixed-term contract until the end of the new pregnancy.

During the period of vacation of the main employee, the management of the organization can conclude not only an employment contract, but also fixed-term agreement with a temporary employee.

A fixed-term contract does not have a dated time limit. Moment of termination labor relations indicated by the main specialist returning from maternity leave. The absence of fixed dates is explained by the fact that the previous performer can return to his duties before the expiration of the designated period (No. 256 of the Labor Code of the Russian Federation).

For an employee who has entered into a fixed-term contract, there are positive nuances:

1. Gaining work experience;
2. Possibility of conclusion open-ended agreement(if the employee has proven himself properly);
3. Providing labor rights:
   • vacation period;
   • salary in full, according to the staffing table;
   • compensation;
   • privileges;
   • benefits, etc.

The disadvantages include:

1. Lack of stability;
2. During pregnancy:
   • loss of position (the working agreement is extended until the end of pregnancy and childbirth and the subsequent termination of the contract);
   • non-enrollment of experience;
   • loss defined benefits baby care.

Transfer to maternity position

Often companies with a well-established team avoid the influx of new work force. Then the manager can offer temporary job responsibilities a specialist with whom an employment agreement has already been concluded. With such a staffing change, the terms of the contract do not change, that is, the temporarily occupied position does not cancel the previous and corresponding salary. The employee is subject to certain period other job responsibilities.

Transfer to a maternity position can only be carried out by agreement of the parties. Consequently, an employee who agreed to temporarily occupy maternity place, is more protected by the Labor Code of the Russian Federation than a beginner.

Filling a maternity position

It is worth noting the practice of substitution within the enterprise. The essence of the process is for the employee to perform the duties of a maternity position without ceasing his main activity. This is possible when concluding an additional agreement indicating the amount of the surcharge. If the replacement took place without maintaining the main responsibilities, the salary amount will correspond to temporary position. All nuances are discussed and recorded in the additional agreement.

Filling a maternity position is accompanied by by appropriate order head of the organization and is displayed in personal file employee (marks are not included in the work book). The substitute employee is listed only in the main position in all documentation of the enterprise.

The disadvantages of substitution for an employee include:

• The experience in the new place is not credited.
• Risk of loss of qualifications corresponding to the main place of employment.

Reduction at the end of maternity leave

At the end of the maternity period, when returning to work, the returning employee may be laid off. If an employee, having closed the maternity leave period, went to work and began registering a leave period to care for a child, then the manager can take advantage of the day the woman was present at work and begin the process of dismissing her.

It is to begin the process of dismissal, and not to fire. The justification could be:

• Personal initiative of the employee (mandatory 14-day work).
• Staff reduction (mandatory notice of at least two months).
• Liquidation of the enterprise (notify the employee at least two months in advance of the liquidation of the organization).
• In accordance with the article of the Labor Code (the fact has been established gross violation work discipline).

It should be taken into account that the Labor Code of the Russian Federation, art. 261 especially protects:

• Employees who are raising a child no older than three years old.
• Single mothers raising:
  • a disabled child under 18 years of age;
  • children under 14 years of age.

These workers cannot be fired on the initiative of the head of the institution. In this case, the legislation of the Russian Federation provides for two options for terminating an employment agreement:

• personal desire of the employee;
• liquidation of the enterprise.

Reduction of maternity position

Is it possible to reduce a maternity position? This question causes concern among employees. A reduction in maternity position is possible, but worries about dismissal are in vain. The Labor Code of the Russian Federation guarantees the preservation of their jobs for employees on leave during pregnancy.

The only option that is possible is the liquidation of the employer's company. In this case, the manager is obliged to notify the employee of upcoming events at least two months in advance.

During the period of an employee's maternity leave, changes may be required in the company's staffing table, during which a fixed staff position may be reduced. In this case, it is also necessary to notify the employee in advance. The dismissal itself can be formalized only after the end of the employee’s vacation.