Can a CEO work part-time at their main job?

Can a CEO work part-time?

At the same time, in the employment contract the salary is indicated in full, that is, it does not need to be divided by half.

The payment is calculated in proportion to the time worked by the director. Those. in the employment contract you indicate the salary amount according to the staffing table, for example, 14,000 rubles. (full rate), rather than write 0.5 times the rate (RUB 7,000).

The condition on part-time pay (on the establishment of a part-time working regime) is reflected in the section of the employment contract on working hours.

It needs to specify the specific conditions of such a regime (establish a work schedule).

Info

For example, the work week is five days with two days off; reduction of the normal duration of daily work by four hours (when the employee is hired part-time); duration of the working week – 20 hours; opening hours – from 10-00 to 15-00; break for rest and food - from 12-00 to 13-00 hours.

In what cases is a part-time employment contract drawn up?

Most often, an agreement for half the rate is concluded for objective reasons. With a shortened day, a citizen performs job duties to a lesser extent.

The company is obliged to sign an employment contract on the terms of shortened working hours in the following cases:

• employee pregnancy;
• recognition of an employee as a single mother if she is raising a minor under 14 years of age or a disabled child under 18 years of age;
• the employee has a sick relative in need of care.

In other cases, reduced working hours are established by mutual agreement of the parties. The citizen submits an application. If the employer agrees, a contract is concluded with him for 0.5 rates.

How to register a general director for a half-time position?

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And what does “just a part-time worker” mean? The main place of work can only be one, and not full-time.

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Is it possible for the director of an LLC to switch to part-time work?

Question from a reader of Clerk.Ru. Svetlana (Orel) Please tell me whether it is possible for the director of an LLC to switch to working part-time, if he is also the only founder of this LLC. If yes, then how to formalize it correctly? As I understand it, the question is about the head of the company.

In this case, the director cannot switch to working part-time, however, as well as work under an employment contract at full time or any other part of the salary, since an employment contract is not concluded with the general director - the sole founder.

Attention

On this issue, I will cite below Letter of the Federal Service for Labor and Employment dated December 28, 2006 No. 2262-6-1 “On formalizing labor relations with the director.”

Here I would also like to answer frequently asked questions regarding maintaining a work book for the general director, who is also the sole founder of this organization.

Part-time work: how it is formalized and what rights the employee has

Workers in Russia have the right to work both full time and any part of it. Quite often people choose to work part-time.

The Labor Code of the Russian Federation explains that the tariff rate is a certain fixed amount of money with which an employee is paid for performing a full standard of work of a certain complexity (in other words, qualifications) per unit of time.

And this is done without taking into account additional compensation, incentives and social payments.

What does it mean to work part-time?

If the full time of the tariff rate for a five-day 40-hour work week is 8 hours, then half of it is 4 hours a day. An employee’s work and rest schedule involves alternating work time and respite between periods of activity.

A person working part-time can, together with the employer, choose a different working schedule. For example, three full working days a week (in the case where Saturday is a working day in this organization).

Or on a five-day week, every 3 working days - 4 hours a day, one day - 8 hours, and one day - non-working.

When drawing up an employee’s work report card, the main thing is that his working week will be equal to 20 hours (if the employer’s full rate implies 40 hours of work).

When choosing a part-time job, an employee has his own reasons. Quite often, people do this for additional income, in the case of part-time work.

Or, if this is his only work, then the employee chooses it for reasons of more free time, for example, for family and children. The downside of this job is most likely the pay.

Yes, a person works less time, but he also receives half the salary, as opposed to the full rate. So, when choosing this work mode, the employee proceeds from the ratio of pros and cons that is acceptable to him.

A part-time employee has all the same rights and responsibilities as a full-time employee.

1. He has the right to 28 days of vacation, like any other worker in Russia.
2. He may be sent on business trips. Of course, if the employee is not a pregnant woman, a minor, or on study leave.
3. If this is a woman, she can go on maternity leave - with all the rights as a full-time worker.

The pension will be calculated based on the person’s actual contributions to the Pension Fund of the Russian Federation. An employee’s insurance record takes into account the days, months and years of his work; it does not matter whether he worked for a full rate, a quarter or a half. If this is the employee’s main job, even part-time, then there are no questions at all.

External and internal part-time worker

This type of work is regulated by Chapter 44 of the Labor Code of the Russian Federation. By law, a part-time worker has the right to work no more than 4 hours a day. That is why this issue is interesting to us, because this is an employment contract for 0.5 wages.

According to the law, part-time work is internal, when a person, in addition to the main position at his place of work, works part-time in another position in the same organization. External part-time work – when he is employed, in addition to his main job, in another company.

Applying for a part-time job in your own organization does not differ in any particulars. An employment contract is simply drawn up: for half or any other smaller part of the rate, by agreement with the employer.

If you are an “external” part-time worker, then when applying for a job you must provide a copy of your work book, the original of which is kept at your main place of work.

The remaining documents required for registration under the employment contract are provided in originals, they are kept in the employee’s hands:

• passport;
• SNILS (green plastic pension insurance card);
• TIN (individual taxpayer number) is an optional document under the Labor Code when applying for a job, but very desirable, since the accounting department submits a lot of reports for the employee, with these numbers it is easier for them;
• military ID (if available);
• diploma or other documents on education and advanced training.

In some cases, certificates are required when applying for a job. For example, about the absence of a criminal record, if you get a job that involves servicing material and monetary assets. The necessary copies are also made of these documents and are stored in the personnel department of the enterprise.

If a person gets a part-time job, not part-time, but simply at his main place of work, the registration is no different from that of a full-time job.

The employer does not have the right to require this employee (or any other) to perform his duties outside the agreed working hours.

The fact that this employee’s work is carried out on a part-time basis must be mentioned in his employment contract.

There is no entry in the work book that the employee is enrolled part-time.

But a part-time job will only be recorded on the employee’s initiative. If he wants a mention of this in his work book, and he is an “internal” part-time worker, he simply makes this request verbally to the HR department.

But if he is an “external” part-time worker, and his work record is naturally kept at his main place of work, where they can only make an entry for him, then he must bring a certificate from the second place of work.

Based on it, his part-time job will be recorded in the work book.

The nuances of part-time transfer

Let's say your life circumstances change and you can no longer work full time.

At your request

Transfer to part-time at the employee's initiative is not prohibited by law. It is formatted like this. You write a free form statement about your transfer. For example, this.

General Director of Voskhod LLC P.I. Ivanov

from the economist of the financial department Veselova M.G.

STATEMENT

I ask you to transfer me from 09/01/2018 to 0.5 rates due to family circumstances (I took my elderly father to live with me).

Signature / Veselova M. G. 08/10/2018

The application as a necessary document is not mentioned anywhere in the Labor Code, but in practice it is in great demand.

In this case, if the employer is not against your decision, then everything happens as usual: a transfer order is issued; the timekeeper notes you for 4 hours every day instead of eight; wages, accordingly, fall by half. But you yourself decided so, and this state of affairs does not seem fatal to you.

At the request of the employer

How does a transfer to part-time work occur at the initiative of the employer? Is it allowed to transfer an employee by decision of management? What could be the reason for this?

For example, funding has changed, resulting in a transformation of the staffing table. And now your position is only for part-time, which is what the employer informs you about. What to do in such a situation?

1. You either decide to play by the rules - and write a statement (supposedly of your own free will) about the transfer, as in the example above.
2. Or you don’t agree, and... choose dismissal. There is no other way.

Legally, by decision, the employer cannot transfer you to part-time work, even in conditions of underfunding. Because discrimination in the world of work is prohibited, and the employer has no right to infringe on you.

In addition, wages must be mentioned in the employment contract. The employer cannot change it (halve it due to the transition to part-time work) by decision. So they cannot force you to agree to a transfer.

If something like this does happen, the employee can always go to court to protect his legal rights.

After which, most likely, on the basis of a court decision, the employee will be reinstated at the same place of work or with the same salary in a new position, if the old one is reduced by the new staffing table.

Calculation of wages, vacation pay and sick leave

People are afraid of unpleasant nuances in these matters, but they can be avoided if you know your rights. As for the salary, it is calculated in proportion to the time worked. That is, a part-time worker is paid half the full-time rate.

Payment for vacation and sick leave is calculated differently

If the average salary of a worker was below the minimum wage, then the minimum wage is used; from May 1, 2020 it is 11,163 rubles.

How to quit your part-time job

If an employee decides to sever his relationship with the employer, no one can prevent him from doing so. It doesn’t matter whether you work full time or any part of it. You simply write a free-form statement stating that you want to quit.

You are required by law to notify your employer two weeks before the expected date of dismissal.

This is done so that during this time the employer finds a replacement for you and makes the appropriate calculations to give you money upon dismissal.

If you worked under a fixed-term contract, the employer is required to notify you three days in advance that your contract is ending. This rate is also equal for all workers, regardless of the size of their wages.

Directly on the day of dismissal, the employee is given all amounts due to him: accrued wages and compensation for unused vacation. In addition, he is given his work record book and, at his request, copies are made of orders about his work activity at this enterprise.

Part-time work is a good solution if you want to have additional income and choose part-time work. This is also a good option if you, for example, are a full-time student and want to earn extra money. Or you have a small child and there is no way to work full time.

The law allows employees to choose the type of work schedule that is convenient for them, without depriving them of paid leave or compensation for temporary disability. The calculation of a pension in this case, as in any other case, depends on the direct contributions that the employer makes to the Pension Fund for the employee.

Source: https://znayzakon.com/trudovoe-pravo/trudovye-otnosheniya/rabota-na-polstavki-trudovoi-kodeks.html

Can the CEO of an LLC work part-time?

Where is this written? CrocodileFrom 200 and above...Reputation: 18 Registered: 12/14/2009 Messages: 250 02 Mar, Wednesday, 14:28, 2011 Message title: Explanations of Rostrud: Letter dated 12/28/2006 No. 2262-6-1 I offer the services of a lawyer! I solve all assigned tasks quickly and efficiently! Law firm GLOBUSglobus-law.ru AVT From 200 and above…

Reputation: 15 Registered: 06/26/2010 Messages: 299 From: Tambov Wednesday, March 02, 14:33, 2011 Message title: LETTER of the Federal Labor Service of the Russian Federation dated December 28, 2006 No. 2262-6-1 If the sole founder of a legal entity is also its director ( for example, the general director), then an employment contract with the general director as an employee is not concluded.

An employment contract is concluded between an employee and an employer.

In this situation, in relation to the general director, his employer is absent.

The organization has a small amount of work, is it possible to transfer the director to 0.5 rates?

Important

According to Art. 66 of the Labor Code of the Russian Federation, a work book is a document that, in the prescribed form, reflects information about the employee’s work activity and his length of service.

«

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with..." the Labor Code of the Russian Federation.

FEDERAL SERVICE FOR LABOR AND EMPLOYMENT LETTER dated December 28, 2006 No. 2262-6-1 On registration of labor relations with the director The Legal Department of the Federal Service for Labor and Employment considered the appeal dated December 2, 2006 No. 34-12.

Mikhail Dorokhov

Part-time director: how to prepare personnel records documents

Registration of a part-time general director requires the publication of the following registration documents and personnel records forms:

• minutes of the general meeting of founders (participants) on the appointment of a part-time general director, indicating the period (if necessary);
• employment contract;
• order;
• HR registration form T-2.

The procedure for filling out a personal card is given in the material “Unified Form No. T-2 - Form and Sample of Completion”.

In accordance with Art. 66 of the Labor Code of the Russian Federation, an entry about part-time work is made in the work book of the general director - part-time, if he has expressed a desire to do so.

For details on the design of work books, see the article “It is better to put a round stamp in work books.”

Questions on the topic: Can the CEO work part-time at his main place of work?

By Andrey Zvantsev / March 18th, 2020 / Family law / No Comments

But a special body may have the right to conduct such operations only if there are legal grounds for doing so. Dismissal of the general director of a company at his own request There are only three grounds for dismissal of the general director - the desire of the manager, the decision of the constituent body and the expiration of the employment contract. If a situation arises when a company loses its owners, for example, due to their death, the manager is sometimes forced to resolve the issue of his own dismissal. If the term of the employment contract is coming to an end, the next day after its completion the manager may simply not go to work. He has the right to issue not only an order to assume the position of the general director, but also an order to resign.

How to conclude an employment contract with the CEO

Thus, an organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract. In addition, an organization can introduce part-time work on its own initiative. Sometimes in our legislation, known for its versatility, it is very difficult to find a clear explanation. It happens that different regulatory authorities interpret the same provision differently and take directly opposite positions. Our question is no exception.

In particular, the provision that labor relations as a result of election to a position arise between an employee and an employer on the basis of an employment contract (paragraph 2, part 2, article 16 of the Labor Code of the Russian Federation).

Question: In what order is part-time working time (part-time work) established for the director of an LLC? If you want to renew your employment contract with your manager, you should first fire the person and then rehire him.

Attention: Draw up an order in free form on establishing part-time working hours for the director, which also reflects the conditions for changing the working hours and remuneration.

Before the 1C program, make a deposit to the empty reserve and additionally to the ESV reserve. for such postings: Dt 92 Kt 471 Allowances for the wholeDt 92 Kt 471 ESV for the whole When the outlet is installed, I do not touch the reserve section (471).

The tax office checks the turnover of company accounts and, if it sees that you have income, but you do not pay taxes on contributions from your salary, it will start asking questions.

Therefore, all documents related to the director’s labor relations are drawn up through the adoption of an appropriate decision by the meeting of LLC participants, including changes to the operating mode (establishment of part-time work), unless otherwise provided by the charter of the enterprise. Part-time work can be established:

• upon hiring or subsequently during the period of work by agreement between the employee and the employer (Article 56 of the Labor Code);
• at the initiative of the employee or employer (in this case, it is necessary to comply with the conditions of Article 32 of the Labor Code on warning the employee at least two months before changing the work schedule);
• for a specified period or for an unlimited period.

But at the same time, they are considered employees and are in an employment relationship with the employing company. Therefore, many questions arise about hiring such workers, issuing an order to assume the position of general director, and making entries in the manager’s work book.

Categories of employees An organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.

A clear example of establishing part-time work at the initiative of the employer will be the following situation. The company purchased a new automatic production line, which can be operated by half the number of workers. Accordingly, the rest of the team remained uninvolved.

The salary of the general director is a mandatory condition of the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation). Such conditions can be changed only by agreement of the parties to the contract (Art.

The solution to the issue of making entries in the work book will depend on the type of place of work for the employee - main or part-time.

The manager himself has the right to set part-time working hours for an employee in 2020, in consultation with his subordinates. Typically, these measures are used if significant changes occur at the enterprise, when they do not want to lose staff. This may be a temporary measure to introduce new production capacity.

Can he work one day a week, since there is practically no work volume at the enterprise? Is it necessary to involve a founder to resolve this issue?

Clause 4 of the agreement should be stated as follows: “The employee is given a monthly salary of 50,000 rubles.

This document can protect the employee from illegal dismissal, refusal to pay wages, etc. If a person works officially, he will have a large number of benefits that are provided for by the labor code. If the conditions are not specified, the citizen is deprived of vacation pay, sick leave is not paid, etc.

Along with the application, you must submit a copy of the new employee’s passport and the minutes of the founding meeting. Tax authorities have 10 days to make changes.

Configuration extensions. How to adapt application solutions during implementation. Development in the 1C:Enterprise system 8.3.

Can a CEO work part-time?

Registration of part-time work for the general director For managers, not only the registration of a part-time general director, but also part-time work is practiced.

Attention

If a person currently works in one company, and the founders of the organization want to see him in a leadership position in another company, it is necessary to carry out a number of operations.

Important

These changes will be reflected in the manager’s work book.

First, the manager resigns from the first company and is hired by the second, all this is done with the agreement of the founders. The final stage of registration for a part-time or full-time CEO is the conclusion of an agreement on the terms of external part-time work in the company from which he left.

The last operation is reflected in the work book only at the request of the manager himself.

Employment of a retired employee on a part-time basis

If a pensioner joins a new company, one of the following agreements will be concluded:

1. contractor;
2. urgent;
3. part-time agreement;
4. unlimited;
5. civil law.

The choice of type of agreement depends on the specifics of the work to be done and the agreement reached.

You can sign up for an employment contract for a pensioner here. Hiring a pensioner under a fixed-term employment contract Concluding a fixed-term contract only because of a person’s age is unacceptable. This ruling was made by the Constitutional Court in 2017.

How to register a general director for a half-time position?

According to one of the articles of the code, the employer is obliged to conclude an employment contract with the employee and accept his order to assume the position of general director in accordance with all the rules. And in this case, the person appointed to a managerial position is both an employer and an employee.

A bank card is opened in the general manner; registration at the tax office is carried out upon presentation of constituent documents.

Info

The manager's length of service is counted from the moment the order on assuming the position of the General Director is issued.

Dealing with external part-time workers

Sample order on assuming the position of the General Director. Practice shows that in relation to the manager, it is enough to issue only an order on assuming the position of the General Director, but this contradicts paragraph 2 of Art. 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”.

Working part-time gives many people the opportunity to get a second specialty without compromising their work. As a result, a person gains freedom of action. If in his youth he received a specialty for a good salary, then over the years there is a desire to devote himself to creative impulses. What can be successfully implemented at a part-time job. Or, if this is his only work, then the employee chooses it for reasons of more free time, for example, for family and children. The downside of this job is most likely the pay.

Many students studying at universities on an evening or part-time basis will prefer to work part-time. They use the freed hours to master educational material.

Taxes and law

To carry out financial transactions, the chief accountant must return from vacation. A chief accountant who has gone on vacation without pay does not have the right to make transfers of payments, nor to receive money by check. To carry out these operations, he must return from vacation. Will the company receive a fine for late payment during vacation at its own expense? If two employees of a company, represented by a manager and an accountant, went on vacation without pay during the period when the advance was issued, the company may receive a fine. After all, Article 136 of the Labor Code of the Russian Federation establishes that payments are made every half month, at least.

Part-time General Director at main place of work

Difficult aspects of labor relations with the general director Transfer of the general director and chief accountant to part-time work Often the manager and chief accountant of the company are the founders of the LLC, being registered in the company as the main place of business. A decrease in the volume of work may force the chief accountant and general director to move to part-time or part-time work. If workers want to avoid resorting to Article 74 of the Labor Code of the Russian Federation, they can resort to Article 93, which deals with part-time work.

At the same time, additional agreements to employment contracts are drawn up, which indicate whether working days or weeks will be part-time.

In this case, remuneration is made in proportion to the amount of work performed or time worked.

Payment for part-time work

There are more cases when an employee is hired for a permanent job. In order for you to become one of these people, your resume and previous work experience must impress the employer. Terminating such a contract may be a crime, and the organization that did it will suffer losses.

If you have been officially employed and the terms of cooperation have been agreed upon, you are guaranteed a place if you comply with all the requirements of the organization providing you with work.

Question: In what order is part-time working time (part-time work) established for the director of an LLC? Can he work one day a week, since there is practically no work volume at the enterprise? Is it necessary to involve a founder to resolve this issue?

According to the legislation, all employment contracts are divided into two types:

• One that was concluded for an indefinite period. In this case, the employer is interested in hiring you for a permanent job. The usual aspects of concluding such a contract are: determination of the place of work, the role of the employee, the amount of wages, which may not be specified. This type of contract represents the majority of all contracts;
• Second option: it is concluded for a set period, usually no more than 5 years. The details of the agreement, such as place of work, function, salary, are also discussed.

How to correctly transfer the general director to 0.2 rates of 8 hours of work per week. a new schedule has been drawn up. in the employment contract, in the remuneration section, the salary is at the full rate and there is more precisely “payment is made in proportion to the time worked.” What sections of the employment contract should be amended and what should be the wording?

Part-time general director - is it possible to formalize a manager like this?

At the same time, the chief accountant or part-time general director does not receive restrictions on the accrual of length of service, the duration of paid annual leave and other labor rights. It is impossible not to accrue wages to the manager and chief accountant. Companies that have two employees represented by the manager and the chief accountant often ask about the possibility of not accruing wages to their staff. And they see no point in the need to conclude an employment contract or issue an order to assume the position of the general director. However, all personnel documents and contracts must be properly executed, and wages accrued and paid. This can be explained simply - the founders are employees of the company who have an employment relationship with it.

How to write it in an employment contract

Sometimes employers do not stipulate that the employee is only employed half the time. However, this is considered a violation, as is the case when someone working 40 hours a week is registered as part-time. After all, the amounts of personal income tax and contributions to extra-budgetary funds are determined on the basis of an agreement.

If a part-time day is not specified in it, then the employer must make contributions in full. Otherwise, he will be fined during an on-site inspection, when the tax inspector gets acquainted with the orders.

Therefore, the paragraph regarding the work and rest regime must certainly reflect the following nuances:

• establishing part-time work;
• specific operating mode (hours or days per week, hours per day);
• break time.