Temporary replacement should be understood as replacing an employee who is absent due to illness, vacation, business trip, or other reasons, when, in accordance with current legislation, his job position (job title) is retained for him.
Conclusion of an employment contract for the period of replacement of a temporarily absent employee
This type of contract is mainly used in situations where the employer needs an employee to replace an employee who has gone on maternity leave or child care leave. Such a contract is valid only for the period of replacement.
To replace a temporarily absent employee, you can involve either an employee already working in the organization or an outside specialist.
If the replacement is made by an employee already working in the organization, another employment contract is concluded with him (for the period of absence of the main employee). On its basis, a corresponding order is issued.
Please note : if the employee who needs to be replaced is a financially responsible person, the organization must conclude a contract on full financial responsibility with the new employee. Otherwise (for example, a shortage), the employer will not be able to recover the material damage caused.
Before concluding a contract on full financial responsibility, you should decide on the property available, and for this it is necessary to conduct an inventory of inventory items. After conducting the inventory, it is necessary to draw up a corresponding act. Then, the property specified in the act is transferred to the temporary employee under the acceptance certificate.
Payment 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 (clause 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 expiration date of an employment contract concluded for the period of replacement of a temporarily absent employee is the day the employee returns to work for whom the job (position) was retained.
Thus, on the day of the replacement employee’s return, the Organization issues an order to terminate the employment contract with the employee hired for the period of replacement of 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).