The basic principles of working with employees are in most cases spelled out in the Labor Code. Failure to comply with the established rules threatens the owner or manager of the enterprise with serious fines. To avoid unwanted complications during inspections, you should know and apply the terms of labor law exactly.
One of the most controversial concepts in TC is production necessity. This phrase is quite often found in personnel or accounting documents, but what it means literally - an ordinary employee will not figure it out right away. This gives the administration of the enterprise a reason to abuse the wording, forcing them to work overtime or perform work that is not provided for by the labor code. Let's see what this is - a production necessity, and in what cases it should appear in official documents.
Definitionconcepts
The Labor Code is the main document of the personnel officer and accountant. All the basic concepts related to hired labor are laid down in this document. There is also a definition of the concept of production necessity. This, according to the founders of the Labor Code, is the urgent need for the employee to perform work that was not provided for in the employment contract. This need arises as a result of the occurrence of certain circumstances that may interfere with the normal functioning of the enterprise as a whole.
The onset of production needs (PO) is fixed by the administration with a separate document - an order. When the software is announced, urgent measures are organized aimed at the smooth functioning of production, technological processes, which will eventually lead to the preservation of the financial result.
Administration actions
It should be understood that a production need is not a standard state of an enterprise, but an exception associated with the occurrence of any independent circumstances. It is these circumstances that force the administration to issue an appropriate order, due to the production need to transfer employees to a different (overtime) mode of work; give employees additional responsibilities.
Another schedule for the performance of their duties by employees can be extended for a period not exceeding 30 calendar days from the moment of the stipulated event. The regulation on the application of this concept is determined by Art. 72 of the Labor Code of the Russian Federation.
What the law says
Provisions of art. 72 of the Labor Code of the Russian Federation define the production need as a result of the onset of a man-made or natural disaster, an emergency at work, or a natural disaster. At the same time, it should be clarified that unscheduled or ongoing inspections, inspections by regulatory authorities or the reorganization of production processes do not fall under the concept of production necessity. Recall for operational reasons in these cases will be illegal.
What is software work
Due to production needs, an employee of the enterprise can be transferred to another job with the same employer on the following conditions:
- transfer term should not exceed 30 calendar days;
- an employee's salary should not be less than his average salary at the enterprise;
- about the occurrence of the production need of the employee must be notified by the appropriate order;
- Recall due to operational need can only be made with the consent of the employee.
What should be considered when transferring?
If the employer manages a large network of branches and divisions, the transfer of an employee can be carried out within enterprises operating under one legal entity. However, the transfer of an employee to another company, but within the same holding is prohibited.
The second point to consider is giving the employee additionalduties that he must perform due to the dismissal or absence, due to illness of another employee. In this case, the employee can take on additional work for a period not exceeding one month in a period of one calendar year. If the employee agrees to perform additional work and is ready to give written consent to this, such a substitution may last longer.
An employee may take on additional work only if his he alth allows it. If there are medical contraindications, they must be reflected in the personal file.
If an employee needs to be transferred to a low-skilled job, his consent is required.
How to make an order?
In the order to call an employee from vacation or to temporarily transfer him to another job, you should indicate the reason for the production need, making appropriate changes to the vacation schedule and time sheet. The order of production necessity must be handed over to the employee personally. In this case, the employee does not have the right to refuse to perform additional work. Refusal to perform such work may be regarded by the administration as a violation of labor discipline, and absence from work as absenteeism.
Downtime due to production needs
Sometimes, the need for production is not more, but less than usual, the amount of work. Downtime and reduced workload may force an employer to sendemployee on leave due to business needs.
The employee should take into account that this vacation will be paid in the same way as the planned one, but with several amendments:
- if an employee falls ill during forced leave, he will not be paid sick leave;
- time of forced leave is not included in the length of service calculated for pensions.
