Replacement employee – what is worth knowing?
A replacement worker turns out to be an indispensable support in many different professional situations. The most classic is, of course, maternity leave of a person employed under an employment contract, who, for obvious reasons, cannot perform his duties and a replacement is required
Substitute work is a more common phenomenon in Poland than it might seem. In many companies, the number of jobs is rather constant, and they are occupied by employees who have been with the company for a long time. There are situations in which one of them cannot perform his duties for some time. In the short term, they can be taken over by other employees, but when the absence drags on for months or even years, you should use a permanent solution.
It is a substitute employee. This form of employment is provided, among others, by the Labour Code, although in practice substitute work may take place on various terms. In addition to the employment contract, other forms of employment are also at stake, including civil law contracts. A very interesting solution is a substitute employee made available by a temporary employment agency as part of employee leasing. Contrary to appearances, the agency’s support does not only apply to seasonal work and lower-level positions. What should you know about substitute work?
Substitute work – a fairly common phenomenon
Substitute work is a form of employment for an employee that is very popular among both companies and those who are looking for a job. This replacement contract is done to replace an absent full-time employee and comes with a lot of benefits. It combines flexibility, variety of tasks and the possibility of development, which is crucial from the employee’s perspective. Concluding a contract guarantees employee rights and a certain amount of working time.
Employee replacement is useful in various situations. The most classic is, of course, the maternity leave of a person employed under an employment contract, who cannot perform his duties due to maternity leave. However, the replaced employee may also be absent due to annual leave, chronic illness or other excused absence. Thanks to the fact that the employee hired as a substitute takes over the duties of the employee on leave, it is possible to ensure continuity of work.
The Labour Code stipulates that such fixed-term work lasts until the return of the replaced employee. The content of the contract indicates the date of commencement of work, the place of work and data indicating the components of remuneration. Although the replacement expires automatically on the day of the return of the replaced employee, it is possible to terminate the contract early by agreement of the parties or by terminating the contract. The notice period in force depends on the period of employment with a given employer and is, for example, 2 weeks if the employment is shorter than 6 months.
Although the replacement solves the problem of the staffing gap when the replaced employee is away from the company, the replacement expires when the employee returns. Then the replaced employee returns, and for the person replacing him, this time is counted towards the length of service. Often, after the expiry of this form of employment, there is a chance to work corresponding to the type of work performed before or to sign a contract for an indefinite period.
Substitute employee – the possibility of employment on the basis of a replacement contract
A typical solution under which an employee appears in an enterprise to replace another is a replacement employment contract. This form of employment is provided for in the Labour Code and in practice does not differ much from other employment contracts. It is temporary, so it is signed for a definite period of time. A newly hired person does not have to take over all the responsibilities of the existing employee, but their scope of duties should not be extended either. The employer bears exactly the same costs under this contract as in the case of a standard employment contract. The obligations of both parties are also identical. A replacement contract may be terminated when, according to its content, the employment relationship expires, i.e. terminates, or on the day of the employee’s return to full-time. An important difference is that a substitute employee is not protected due to pregnancy, and during pregnancy, the contract with a pregnant employee may be terminated on the aforementioned terms.
In practice, when concluding such an agreement, it is particularly important to precisely define the position, scope of tasks and prerequisites for employing a new person. This allows to reduce the risk of organizational misunderstandings and facilitates the introduction of the employee to the duties temporarily entrusted to him. From the employer’s perspective, it is a solution that ensures the continuity of the team’s work and maintains the smoothness of task performance during the absence of a full-time employee. For a person hired as a substitute, this form of contract can also be a way to gain professional experience and learn about the specifics of the functioning of a given organization.
Replacement worker – other forms of employment are acceptable
An employee on a replacement basis on the basis of an employment contract does not pose a particular risk from the employer’s point of view. On the other hand, the employer bears the costs for this. If the substitute employee cannot perform the full range of duties of the replaced person for various reasons, for example due to lack of experience or insufficient qualifications, the situation is unfavourable for the employer. However, the issue of substitution can be resolved in another way, for example by means of a civil law contract, most often a mandate agreement. Formally, it does not have to do so in connection with the absence of a full-time employee, but it is a tool to at least partially fill the gap left by the person employed so far.
An equally popular solution is employment under a contract for specific work. In the case of a contract for specific work, we are talking about a specific project or report that must be carried out by the contractor. Concluding a contract for specific work reduces costs and lasts until the performance of the work specified in the contract. Freelancing is no less popular. The replaced employee is often a freelancer who is an independent contractor who can deliver a specific project or provide a service as part of a b2b order or cooperation.
We must not forget about a fixed-term employment contract. This is the most classic form of substitute employment, which is concluded only for the duration of the employee’s absence and ends on the day of the employee’s return. A fixed-term employment contract cannot last longer than 33 months. After this time, it automatically transforms into an employment contract for an indefinite period.
How to prepare an effective employee replacement? The importance of knowledge transfer
One of the most important and at the same time often underestimated elements of the organization of substitution is the proper transfer of operational knowledge. In practice, it is not only about the formal scope of duties or access to documentation, but also about knowing the context of the cases being conducted, decision-making schemes, team priorities and relations with clients and colleagues. It is this kind of knowledge that has the greatest impact on the smoothness of performing duties after a new person takes over the position. The better the information transfer process is planned, the lower the risk of errors, delays and disruptions in the daily functioning of the organization. Properly conducted knowledge transfer increases the chances of quick onboarding of an employee and reduces the risk of loss of operational continuity during the period of a person’s permanent absence.
Business dimension of hiring a replacement employee
Hiring a replacement employee should not be an automatic decision, but the result of an assessment of the real organizational and operational needs of the company. The key here is to analyze whether the absence of a given person may cause a decrease in the quality of work, overload of other team members, loss of continuity of processes or deterioration of customer service. In some cases, a temporary reorganization of tasks within the team may be more rational than launching an additional hiring process. From a managerial perspective, the most justified is therefore a replacement that actually reduces operational risk and allows to maintain the stability of the organization’s operations.
A replacement contract, is it worth it? Disadvantages of the contract and its advantages
For an employer, substitution by means of a fixed-term contract involves many aspects that must be seriously considered before making a decision to hire. Here are some of the advantages of such a solution:
- Continuity of work – A replacement contract allows you to maintain continuity at work by smoothly transferring duties. This is important, especially when a long-term absence of an employee is involved.
- No problem related to staff shortages – if a key employee takes a longer period of annual leave or maternity leave, hiring as a substitute prevents downtime in the company. In special cases, it is worth using the services of an employment agency, which will quickly find a replacement and give you a date for the start of cooperation.
- Flexibility – fixed-term contracts are very flexible. They can be concluded as quickly as they are terminated, which means that the notice period is not as long. Of course, there is a requirement to maintain a notice period, but its lower range is 2 weeks – if employed for less than 6 months and 3 months – when employment is at least 3 years.
- Using only the best specialists – by hiring employees as replacements, you can benefit from the knowledge and experience of the best specialists in the industry, who can bring fresh ideas and innovative solutions to the company. A temporary employment agency provides access to highly qualified staff.
- Possibility of testing employees – a replacement contract also gives the opportunity to assess the skills of the new employee and whether he or she feels comfortable in the team. In a situation where the new person fulfills his duties and shows great motivation, he can be employed permanently.
Are there any disadvantages to the replacement contract? Of course, but there are far fewer of them than advantages. A substituted employee has more employee rights than a person hired as a replacement. A new person may need time to adapt to their new workplace, which can be a little persistent. There may also be a need for training, which will be unavoidable in the case of more complex roles that a newly hired person will have to perform.
In some situations, hiring as a substitute may mean higher costs – if the employee has high expectations as to the amount of remuneration. There is also a risk of rotation, which can have a bad effect on the team in the long run.
An additional obstacle may be the limited motivation of the employee, who is aware of the temporary nature of employment from the beginning. This form of cooperation is also not always conducive to a strong connection with the organization and long-term involvement in its development. From the employer’s perspective, it can also be a challenge to maintain the continuity of the quality of work, especially when the replacement takes a position that requires good knowledge of internal procedures. In practice, the effectiveness of this solution depends to a large extent on the proper preparation of the implementation process and the efficient transfer of responsibilities.
A replacement worker from a temporary employment agency
Currently, employers looking for a replacement are willing to decide on one more solution. It is to use the support of a temporary employment agency. Agencies are wrongly associated only with the recruitment of lower-level seasonal workers. The agency has a database of employees with various qualifications, so it can also be a valuable support in the case of replacement. In addition, such a solution has a number of benefits for the employer.
It is also worth noting that the employment agency plays a very important role in the process of hiring the replaced employee. It is the employer who reports the need for a temporary worker, and the employment agency tries to respond to this need by finding the right people who will be able to meet the requirements of the temporary employer. By working with an agency, a company can respond faster to sudden staff shortages and reduce the risk of organizational disruptions. An important advantage of this solution is also the partial relief of the employer from the obligations related to the recruitment process and formal employment services. In practice, this allows for better management of the HR department’s time and resources, especially in situations that require urgent filling of a vacancy.
How to effectively introduce an employee as a replacement to the team?
Introducing an employee as a replacement to a new team is a key process in the entire project. Good onboarding has a positive effect on work efficiency and integration within the team. So how do you prepare for the onboarding of a new employee? Here are some tips:
- Prepare all the necessary documentation and develop a detailed onboarding plan (implementation plan), along with details of responsibilities, goals, training schedule and meetings.
- Get to know the employee with the team and assign him a so-called mentor who will support him and help him acclimatize to the new place.
- Explain the scope of responsibilities and expectations in detail. Also, conduct all the appropriate training that will allow the new employee to understand the procedures and processes taking place in the company.
- Communicate with the new person regularly to discuss progress and give them feedback on their work. Also, encourage new employees to ask frequent questions.
- Monitor the progress of work, evaluate effectiveness, but do not forget about emotional support and appropriate motivation. Set goals first, and then see how the employee is progressing. Remember to keep in mind that a new employee can work under a lot of stress. Be open to their needs and support them in difficult moments.
- Effective introduction of a replacement employee to the team requires proper preparation, transparency in communication and regular assessment of progress. Therefore, there is no denying that a well-organized onboarding process will not only make it easier for the employee to adapt, but also have a positive impact on the atmosphere in the team and the effectiveness of their work.
Limited employment costs and employer convenience
Employee leasing, as this is the name of the service, is very convenient from the point of view of an employer looking for an employee to replace them. Firstly, recruitment is quick and efficient. It is run by specialists, which reduces the risk that it ended up employing the wrong person.
The Agency has its own candidates for whom temporary work is not a problem, and so they have a sufficiently high motivation, even if they perform their duties as a substitute. The employer also reduces the costs associated with employment. HR and payroll services of the temporarily hired employee and other formalities remain the responsibility of the agency. At the same time, expenses are tax-deductible costs for the employer. That is why employee leasing is a service that is definitely worth considering when looking for a suitable replacement for an employee who has been absent for a long time.
An additional advantage of this solution is greater organizational flexibility, as the company can more easily adjust the level of employment to current needs. This is especially important in emergency situations or situations that are difficult to plan precisely, when it is necessary to ensure business continuity quickly. Employee leasing can also be beneficial when the replacement concerns a position that requires quick assumption of duties without a lengthy recruitment process. In practice, however, the effectiveness of this form of cooperation depends on the proper definition of expectations towards the employee and careful implementation of the employee in the specifics of a given workplace.
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