Temporary replacement should be understood as the replacement of an employee who is absent due to illness, vacation, business trip and for other reasons, when, in accordance with applicable law, he retains his job (position).
CONCLUSION OF AN EMPLOYMENT CONTRACT FOR THE PERIOD OF REPLACEMENT OF A TEMPORARILY ABSENT EMPLOYEE
This type of contract is mainly used in a situation where the employer needs an employee to replace an employee who has gone on maternity or parental leave. Such an agreement is valid only for the replacement period.
To replace a temporarily absent employee, you can involve both an employee from among those already working in the organization, and an outside specialist.
If the replacement occurs at the expense of an employee already working in the organization, another employment contract is concluded with him (for the duration of the absence of the main employee). On its basis, an appropriate order is issued.
note : if the employee who needs to be replaced is a materially responsible person, accordingly, the organization must conclude an agreement on full liability with the new employee. Otherwise (for example, shortage), the employer will not be able to recover the material damage caused.
Before concluding an agreement on full liability, it is necessary to determine the available property, and for this it is necessary to conduct an inventory of inventory items. After the inventory, it is necessary to draw up an appropriate act. Further, the property specified in the act is transferred to the temporary employee under the act of acceptance and transfer.
COMPENSATION FOR WORK PERFORMED BY A TEMPORARILY ABSENT EMPLOYEE
The amount of additional payments for performing the duties of a temporarily absent employee is established by the employer by agreement with the employee (paragraph 2 of Article 131 of the Labor Code of the Republic of Kazakhstan).
TERMINATION OF AN EMPLOYMENT CONTRACT CONCLUDED FOR THE PERIOD OF REPLACEMENT OF AN ABSENT EMPLOYEE
According to paragraph 4 of Article 53 of the Labor Code, the date of expiration of the employment contract concluded for the period of replacement of a temporarily absent employee is the day the employee returns to work, for whom the place of work (position) was retained.
Thus, on the day the replaced employee leaves, the Organization issues an order to terminate the employment contract with the employee hired for the time of replacing the absent employee with reference to paragraph 4 of Article 53 of the Labor Code of the Republic of Kazakhstan (paragraph 2 of Article 62 of the Labor Code of the Republic of Kazakhstan).