Restrictions for directors
Combination is the performance of additional duties during the main job and within the framework of one contract. Additional work is carried out for the same position (increasing the volume of work) or related work (expanding the service area). The combination can be issued for vacant (vacant) or occupied positions during the temporary absence of the main employee:
- Due to illness confirmed by a certificate of incapacity for work. An option often used in the budget sector. Payment for days of absence due to illness is carried out at the expense of the Social Insurance Fund, which allows not to exceed the amount of the wage fund approved for the year. Several employees may be hired to fill the position of a temporarily absent person.
- While on maternity leave or child care.
- During the vacation of the main employee, registered without pay.
The ability to combine positions is prescribed in a collective agreement or other local act. The combination is not reflected in the time sheet.
https://www.youtube.com/watch{q}v=Bo4trwJI4nU
For certain categories of workers, current legislation establishes restrictions on part-time work or prohibits it altogether. For example, minors and officials cannot work part-time.
There are restrictions regarding part-time work for managers as well. In particular, managers cannot work part-time:
- unitary enterprises, except for teaching, scientific and other creative activities (clause 2 of article 21 of the Federal Law of November 14, 2002 No. 161-FZ);
- security companies, in terms of public service and work in public associations (Article 12 of the Federal Law of March 11, 1992 No. 2487-1).
All other managers can work part-time in another organization only with the permission of the authorized body of the legal entity or the owner of the organization or a person authorized by the owner (Part 1 of Article 276 of the Labor Code of the Russian Federation).
As can be seen from this legal norm, these restrictions do not apply to part-time work in one’s own organization.
If you find an error, please highlight a piece of text and press Ctrl Enter.
For certain categories of workers, current legislation establishes restrictions on part-time work or prohibits it altogether. For example, minors and officials cannot work part-time (for more details, see “We check applicants for the possibility of part-time work”).
Employment contract for a part-time worker
The conclusion of an employment contract is a mandatory provision for any rank of employees.
This document is the main document regulating the emergence of relations between the parties.
It includes a list of all important aspects in labor relations, his responsibilities, and the procedure for calculating earnings.
A separate item is a note about work performed on a part-time basis.
Two copies of the employment contract certified on both sides remain in the hands of the employee and in the employer’s personnel.
Can a director work part-time in another organization if there is interest from a professional or an opportunity arises to increase his financial level{q}
The rights of the director, like any other employee, are not limited, and he can combine his work process. There are nuances that require mandatory agreement with the owner of the company.
He has authorized bodies, they act to represent the interests of the owners and have the ability to permit or deny the participation of a given manager in the work of a third-party company.
To begin part-time responsibilities, you must draw up a correct contract, which includes the following information:
- Company name
- first name, patronymic, last name of the employee
- date of the agreement
- Job title
- salary in its amount and terms of payment
- work time
- possible preferential and compensation payments
- number of vacation days and time of provision
Hiring a director for a combined position follows general principles. Drawing up the contract and its conclusion includes the required information with a note that he will work in combination, the implementation of the remaining clauses of the contract takes place on the basis of legislation.
General provisions include:
- An appeal from the director to the authorized representative of the legal entity, which reflects a request to allow him to work part-time.
- At the main workplace, the submitted application is reviewed by a collective meeting. The protocol indicates the decision made, this verdict is noted on the application, and filed in his personal file.
- Based on the decisions made, a new official is appointed. Internal part-time work also requires an order from the general meeting (the company, the meeting and higher authorities decide whether the director can work part-time in his organization).
- Concluding contractual terms listing responsibilities and work schedule.
- When starting to fulfill combined obligations at the main place, the director issues an order for appointment to an additional position.
- For part-time employees, registration cards are issued on the basis of generally applicable rules, followed by registration in the accounting book. When performing duties in several types of activities, a separate card is issued for each of them.
They enter into a fixed-term contract when the need arises. An offer can come from both sides. The manager has the opportunity to exercise his powers and dismiss the part-time employee by terminating the contractual terms if a person with permanent employment has been hired for this position.
But it is his responsibility to notify the employee no later than two weeks of his dismissal.
The head of a company, whose position may be called differently (CEO, director, president, etc.), has a special status when compared with other employees. Therefore, a reasonable question would be: “Can the general director work part-time {q}.”
The Labor Code regulates the work of managers in a separate chapter. Among other articles there is Art. 276, which comments on the director’s ability to combine positions.
The most important limitation is external part-time work. That is, a director of a company cannot hold any position in another company unless there is special permission to do so, which can be given:
- authorized body;
- owner of the organization's property;
- an authorized person representing the owner.
Such a restriction is aimed at protecting the rights of the organization, since the owner of the company must be sure that the general director appointed by him will not harm the company itself or reduce the efficiency of its work by his actions.
As for internal combinations, in this case labor legislation does not establish any restrictions. The exception is the presence of the general director as part of the control and supervisory bodies. The purpose of this ban is clear - such a body must be independent in its decisions. But the director can be on the supervisory board or the board of directors, since this body is only responsible for the general management of the company and does not perform a control function.
It is important to remember that the above restrictions apply only when the manager is not the sole founder of the company.
It will not be difficult to register a part-time general director. This is a classic procedure, which is based on the rules prescribed in Chapter 44 of the Labor Code of the Russian Federation.
https://www.youtube.com/watch{q}v=jZeJ5B8bm3g
Article 283 prescribes a certain list of documents, which is collected by the general director part-time. Registration involves providing:
- Russian Federation passports;
- a document confirming education;
- certificates indicating the working conditions and nature of the work in the main position.
As can be seen from the list of documents, there is no certificate among them that will confirm that the applicant holds the position of general director. At the same time, the employer must remember that he does not have the right to demand from the applicant third-party documents upon admission that are not provided for by law. This means that there is a high probability of hiring a part-time CEO who does not have permission to do so.
To avoid incidents, you can correctly orally ask for a certificate from your main job about your position. But its absence should not be a basis for refusal to hire a part-time general director.
Part-time work involves performing additional responsibilities in your free time. Efforts should be concentrated on the main work paid according to the contract. The director of the company has the opportunity to perform additional duties. At the same time, it is important to correctly draw up all the clauses of the part-time contract, within the framework of which you can successfully develop professionally in different directions.
Sample employment contract for a part-time director
Such activities are represented in the following forms:
- Internal part-time work, in which an employee is employed by an employer in several positions.
- External part-time work, in which the employee works in several companies.
The performance of part-time job functions is regulated by law within the framework of Chapter 44 of the Labor Code of the Russian Federation. Part-time work is permitted by current legislation: a cooperation agreement can be concluded in accordance with Article 282 of the Labor Code of the Russian Federation. These paragraphs are drawn up taking into account the specifics of any position and job responsibilities, the position of the General Director in this regard is no exception.
Algorithm of actions | Detailed description |
1.Written notice | The general director must write an application addressed to the founder of the organization at the place of primary employment, with a request to convene a meeting and allow part-time work |
2.Shareholders meeting | This application is considered, and the decision made is formalized in a protocol and the result is written down on the document and attached to the employee’s personal file. |
3. Registration for a new position | An employment contract is concluded, in which it is necessary to clearly state the conditions and work schedule |
4.Internal alignment | If the general director combines two positions at his enterprise, then he issues an order to assume a part-time position |
5. Part-time job and its registration in a new place | Personnel documents are drawn up in the generally accepted manner, a personal card is created if this happens in one organization, regardless of this, two cards are filled out for each job. If desired, an entry about part-time work is made in the work book |
- Passport of a citizen of the Russian Federation with registration in this region
- Marriage or divorce certificate, in case of surname change
- Birth certificates of children, to provide deductions for personal income tax, for the first and second child in the amount of 1,400 rubles, for the third 3,000, for a disabled child 12,000
- Education document
- Certificate from the main place of work about working conditions
Permission to work part-time. Can a director of an LLC or municipal unitary enterprise work part-time?
The law does not contain a procedure for issuing permission to a director to work part-time. It seems that the most correct option would be to consolidate such a procedure in the charter and/or employment contract of the manager.
Owners of private companies can not only refuse to issue such permits, but also stipulate in the charter a complete ban on holding multiple positions as a manager. As a consequence of violating this prohibition, it is permissible to provide for disciplinary action, including in the form of dismissal under clause 10, part 1, art. 81 Labor Code of the Russian Federation.
In some cases, the charters provide for exceptions: for example, a director is allowed to join the management bodies of other organizations if this ensures the interests of his employer (for example, the management bodies of subsidiaries).
It is worth noting that for some organizational and legal forms the legislation already provides for some restrictions on the combination of managers:
- In municipal unitary enterprises, the manager is generally prohibited from engaging in any other paid activity (clause 2 of Article 21 of the Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 No. 161-FZ). This should also be regarded as a ban on part-time work (since it always involves payment). The exception is engaging in scientific, creative and pedagogical activities.
- In relation to joint stock companies (clause 3 of Article 69 of the Law “On Joint-Stock Companies” dated December 26, 1995 No. 208-FZ), the entity that issues permission to the manager to occupy positions in the management bodies of other companies is specified: it can only be the supervisory board (board of directors ).
There are no such rules in the legislation on LLCs, so their managers can engage in external part-time work if the requirements of Art. 276 Labor Code of the Russian Federation.
General concepts
Any employee can enter into additional employment contracts in addition to the main employment contract. Accordingly, the general director is not deprived of this right. In order for the general director to have the opportunity to find a part-time job, he needs the consent of the general meeting of the founders of the enterprise, namely, declared in the minutes, as well as a drawn up employment contract, which will indicate the hours of work, salary and that this work is a part-time job.
Do not confuse the two different concepts of part-time and combination. The first is characterized by the execution of an employment contract, which indicates that this is not the main place of employment. Combination, in turn, implies work without interruption from the main activity. It can only be with one employer.
According to the Labor Code, each employee has the right to work for several employers. In this case, one of the jobs is considered the main one, and the second one is considered additional, that is, part-time. It turns out that such an employee will have at least several employment agreements. The law does not limit the number of additional jobs, but the time of part-time work is limited: no more than 16 hours per week.
Part-time work happens:
- internal: an employee works for the same manager in several positions;
- external: the employee works for different employers.
Many people confuse part-time and combination. We sorted out the first one. Combination is understood as additional work activity for one employer, in addition to the main job. And if part-time work involves several hours a day for work, then the combination is carried out in parallel with the main function. Now let's find out whether the general director can work part-time{q}
What's the difference{q}
Characteristics | Part-time job | Combination |
Conclusion of an agreement | Yes | No (additional agreement) |
Issuance of an order for the enterprise | Yes, about the reception | Yes, about combination |
Assigning a personnel number | Yes | No |
Recording working hours in timesheets | Yes | No |
Registration of a new personal card | Yes | No |
Reflection in the work book | Yes | No |
Work time | Half the basic norm | Within a working day |
Reward | According to time worked or output | Fixed, in percentage or total terms |
Providing leave | Yes | No, but the amount is taken into account in average earnings |
Probation | Yes, but the condition is rarely applied | No |
Termination of work upon hiring (return to position) of a permanent employee | Yes | Yes |
Accounting for an employee when calculating the average number | Yes, proportional to the rates | No, only in single size |
Dismissal procedure | 2 weeks notice | 3 days notice |
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.”
Who is legally allowed to work part-time?
- The law prohibits workers under 18 years of age from performing the function of a part-time worker, as well as those employed under hazardous labor conditions, if the main work is also performed in hazardous conditions.
- If you are employed in driving vehicles at your main place, you cannot combine the same activities
- 3. Government employees are not allowed to combine two positions
- Combining the work of a director or general director is permitted with the consent of the general meeting of founders
- Teachers and doctors can combine two jobs, subject to the establishment of a shortened day at the main place of work
Part-time director: what the law says
Part-time work is divided into two types - internal and external.
If a vacant position is filled by an employee already working in the company, this is called an internal combination of positions. External combination involves hiring an employee who is not part of the organization’s staff for parallel work (Article 60.1 of the Labor Code of the Russian Federation). In principle, the law does not limit citizens in the number of positions they hold - this applies to both ordinary employees and big bosses. As for the external part-time work of the director of the organization, there are still some legislative obstacles.
In the case where a citizen also occupies the boss’s chair at his main place of work, he needs to obtain a permit from the owner of the property of his main company in order to take a part-time position (applicable to any job). If the boss himself owns the company’s property, then he does not need to obtain any relevant permits.
When a citizen also occupies the boss’s chair at his main place of work, he needs to obtain a permit from the owner of the property of his main company in order to take a part-time position.
There are also strict prohibitions on the combination of two positions by a superior, if one of them relates to state and municipal structures - such people have no right to combine two positions. Employees, including general directors of state corporations and companies, can work part-time only with the official consent of senior government management.
What is more profitable for the employee{q}
When comparing these forms of additional income, the material benefit of the remuneration is determined depending on the conditions of employment. When registering a part-time job, remuneration is made according to the time worked. The additional payment for combinations is set by the employer and reflected in the order. The amount is expressed as a percentage of the basic salary. An additional payment in the form of a fixed amount is allowed.
Positive aspects of combination:
- There is no need to waste additional time.
- The amount of remuneration is fixed and is established by agreement of the parties. The amount of the surcharge is taken into account when calculating vacation pay and sick leave.
- Early termination of obligations is allowed at the initiative of either party with a 3-day warning (Article 60.2 of the Labor Code of the Russian Federation).
Advantages of part-time work:
- Providing paid leave or compensation upon dismissal.
- Opportunity to receive bonuses for a combined position. Earnings are included when calculating sick leave for your main job (calculated separately).
- Manage remuneration by varying the number of shifts, output or part of the rate. The amount is limited to half the rate or salary specified in the staffing table for the vacant position. Payment for piecework earnings is made based on actual results.
If an employee is satisfied with additional shifts and the opportunity to influence the schedule and remuneration, it is necessary to choose a part-time job; for people who do not want to go beyond the working day, a part-time job is the most optimal form.
Who can't be styled this way?
There are differences in the document flow when registering such employees.
An employee is hired to work part-time with the conclusion of an employment contract. This agreement contains:
- The provisions, rights, obligations and guarantees of the employee are similar to the standard contract concluded for the main job.
- Indication of the performance of part-time duties.
- For time-based work, the salary or rate is indicated, for piece-work, output.
The agreement may be of a fixed-term or indefinite nature, the duration of which is determined by agreement of the parties. At the request of the employee, an entry about part-time work is made in the work book.
The legislation defines the circle of persons for whom part-time work is not formalized. Additional employment is not allowed:
- Minor citizens.
- Heads of enterprises. Only external part-time work is allowed with the consent of the founders.
- Persons whose main responsibilities involve harmful or dangerous working conditions, if part-time work involves similar work circumstances.
- Employees whose duties are related to transport management.
- State civil servants - police officers, prosecutors, judiciary and law firms.
Persons deprived of the right to register for part-time employment are not limited in their ability to engage in scientific or research activities.
Persons who do not have the right to work part-time
Remember! Certain groups of employees are prohibited from working part-time. These include:
- Minor workers;
- Employees of government agencies (Police, Investigative Committee, court or Prosecutor's Office);
- Workers employed in hazardous and hazardous industries;
- Workers involved in the transportation of passengers.
Such restrictions are established by articles 282.329 of the Labor Code of the Russian Federation. The above restrictions apply not only to ordinary employees, but also to senior management.
It is worth noting that employees holding senior positions in government agencies are prohibited from working part-time in commercial companies. Such restrictions are established not by the Labor Code, but by the federal laws “On Civil Service” and “On Municipal Service”. Similar restrictions apply to Central Bank employees.
In addition, each individual organization has the right to establish a ban on part-time work for its employees within the framework of an employment contract. This procedure should be enshrined in the organization's charter. Thanks to such rules, it is possible to limit the access of unauthorized persons to trade secrets.
What are the features of a part-time director’s job?
If an entry in the work book about part-time work is optional, then concluding an employment contract is one of the most important obligations. It must include the following points:
- Indicate that the work is performed part-time
- Work and rest schedule, with a mandatory number of hours
- On days when an employee is employed in a part-time position, he cannot be employed for more than four hours, but in case of a day off at his main place, he is allowed to work all day
- You can conclude an employment contract for either a fixed term or an unlimited term.
- Issuance of an order for part-time work is mandatory
- A part-time worker goes on vacation at the same time both at his main place and at his additional place
An employment contract (the form will be presented below) for a part-time job, in principle, is no different from a standard document signed with the main employee. The only condition that must be met is an indication that the work is performed part-time.
In addition, the agreement must include a work and rest schedule in accordance with Article 284 of the Labor Code of the Russian Federation. Eg:
- on days of part-time work, a citizen has no right to work at an additional job for more than four hours;
- If a part-time worker has a free day at his main job, he can devote it entirely to additional income.
An employment contract can be concluded for a specific period or for an indefinite period.
The issuance of an employment order is also considered a mandatory condition. The document must indicate that the work is performed part-time.
The following is an agreement with a part-time general director - a sample document (see photo below).
Among all the necessary documents that are drawn up when applying for a part-time job, the work book is not indicated. Consequently, it is the individual desire of each citizen whether to mark this document or not. In this case, the entry into the labor record is still made by an authorized employee at the main place of work. Therefore, the part-time general director is not only not required to make an entry, but also has no right.
If a citizen nevertheless wishes to make a record of part-time employment, a number of conditions must be met:
- indicate the corresponding desire to make an entry;
- confirm the presence of additional official income (for example, a copy of the order for employment).
The general director is registered for part-time employment at his main place of work based on all the documents provided.
- The stage at which the main points of the additional agreement to the employment contract are negotiated, the specifics and time of work are determined.
- Issuance of an order appointing a specialist to the appropriate part-time position.
The status of managers requires a special approach to organizing work activities. These issues are regulated by the Labor Code of the Russian Federation: a manager at any level can be an external or internal part-time worker. In this case, a special permit from the authorized body is required. A part-time director of an LLC is appointed on the basis of an order or special permission from an authorized body.
Documentation facilitates the process of delegation of authority and makes the procedure for introducing a new position legal. At the same time, the manager may occupy positions that require a low level of qualifications.
If the head of the organization and the founder of the company are the same person, obtaining permission is not required (paragraph 3 of Article 273 of the Labor Code of the Russian Federation). Such agreements are legal between an employee and the owner of the company - the employer.
Interaction between representatives of the administrative corps must be carried out legally. Such relationships will help avoid conflict situations and ensure high labor productivity (paragraph 9 of article 65 of the Labor Code of the Russian Federation). If a manager is employed in one company and part-time works in another company, his work is controlled in accordance with the basic provisions of the employment agreement.
Requirements for the contract
When drawing up a contract with the head of the company, the same rules are followed. The document does not differ from the standard forms of the organization.
Download the Employment Agreement with a part-time director (form) (46.0 KiB, 341 hits)
Sample employment contract with a part-time general director (27.8 KiB, 464 hits)
Mandatory details include:
- Details of the employing organization.
- Information about a specific individual hired for the position of manager (or other position).
- The subject of the agreement should mention the specifics of employment as a part-time worker.
- A probationary period is determined (unlike ordinary positions, the chief accountant and the head of the company undergo probation for a 6-month period).
- The rights and responsibilities determine the order of relationships between an employed part-time worker and a legal entity, establish a schedule, conditions of rest, remuneration and frequency of payments.
- Duration of the contract.
- The procedure for resolving controversial issues.
The document is signed on both sides and a date is set.
When determining the amount and procedure for remuneration for work in a part-time position, the general director must assume that the salary is determined at the discretion of the parties with the only limitation - in a part-time position, it is unacceptable to indicate a salary higher than half of the monthly remuneration for a similar position in the company (determined according to the staffing table and approved salaries), however, if the manager is the owner of the business, working without salary is allowed.
Such a restriction is based on the fact that working as a part-time manager of an organization does not imply the possibility of spending more than half of the working time without compromising the main job, and part-time work in conditions where the quality of work at the first employer suffers is unacceptable.
Nuances of part-time work
There is a time limit for additional work. Within a working day, a duration limit of no more than 4 hours is allowed. An employee can work additional hours after the end of the working day or on a day off established for the main position. Within a month, processing is allowed within half the monthly norm.
The occurrence of circumstances allowing the suspension of the main work in the event of a delay in payment of wages, described in Art. 142 of the Labor Code of the Russian Federation, allows you not to comply with the time limit.
Fulfilling the job duties of a part-time worker gives the right to paid leave. The number of vacation days does not depend on the percentage of the rate and is determined in the standard version (a year worked entitles you to receive 28 calendar days of vacation).
Vacation is paid based on average earnings and is provided simultaneously with vacation at the main place of employment. The excess number of vacation days for the main job is supplemented by days without pay for a part-time position.
Part-time and part-time employment at an enterprise is a legal option for increasing income. The amounts are included in the calculation of earnings for accrual of vacation, payment of sick leave and when determining contributions to the Pension Fund. Registration is carried out strictly taking into account the norms of the Labor Code of the Russian Federation.
General concept of part-time work
As we have already said, absolutely any employee can work part-time. However, certain restrictions apply to the manager. If any other employee does not need to ask the employer for permission for such additional work, then the manager can hold paid positions in other organizations only with the permission of the authorized body of the legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner. This is the requirement of Art. 276 Labor Code of the Russian Federation.
It should be noted that some federal laws establish the specifics of additional work for managers. For example, on the basis of Art. 69 of the Federal Law of December 26, 1995 N 208-FZ “On Joint-Stock Companies” the combination of positions in the management bodies of other organizations by a person performing the functions of the sole executive body of the company (director, general director) and members of the collegial executive body of the company (board, directorate) only with the consent of the board of directors (supervisory board) of the company.
Federal Law No. 14-FZ of 02/08/1998 “On Limited Liability Companies” does not contain such a requirement, but this does not mean that a person can independently go to work as a part-time manager in another organization.
In any case, the manager must obtain the consent of the authorized body of the legal entity. For example, in a limited liability company such a body is the general meeting of participants.
Note! The head of the organization, who is its only participant (member, founder), is subject to the provisions of Art. 276 of the Labor Code of the Russian Federation does not apply (Part 2 of Article 273 of the Labor Code of the Russian Federation), which means that it is not necessary to obtain permission from the authorized body for external part-time work.
We believe that the manager must contact the authorized body of the legal entity with a written request (application) for permission to work part-time. The decision of the meeting, documented in minutes, is transferred in a brief form to the statement of the head of the organization, after which it is filed in the personal file of the head.
To the general meeting of participants
Limited Liability Company “Zima”
At the general meeting of participants of the organization in which the manager is planned to work part-time, the issue of appointing a part-time director is also decided and the corresponding minutes are drawn up.
To conclude an employment contract for part-time work, the manager must present a passport or other identification document. If part-time work requires special knowledge, the employer has the right to demand the presentation of a diploma or other document on education or professional training or duly certified copies thereof, and if the work is difficult or harmful (or with dangerous conditions) - a certificate of the nature and working conditions of main place of work.
Is it necessary to submit a protocol on permission to work part-time in another organization from the main place of work{q} No, such a requirement is not established by labor legislation, since it is assumed that the manager is conscientious and is not trying to mislead the new employer.
Next, an employment contract is concluded with the manager, which reflects the conditions of part-time work and the corresponding working hours. On his first working day, the manager issues an order to take up a position at a new part-time job. After this, a personal card is created for him.
An entry in the work book about part-time work is made at the request of the employee at the main place of work on the basis of a certificate received from the place of part-time work (clause 20 of the Rules for maintaining and storing work books <1>). The certificate must include a reference to the document on the basis of which the employment was issued. Here is a sample entry in a work book about part-time work.
N entries | date | Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, paragraph of the law) | Name, date and number of the document on the basis of which the entry was made | ||
number | month | year | |||
1 | 2 | 3 | 4 | ||
Society with limited | |||||
responsibility "Winter" | |||||
(Zima LLC) | |||||
1 | 20 | 10 | 2011 | Elected to office | General protocol |
general director | meetings | ||||
participants from | |||||
10/20/2011 N 18 | |||||
2 | 01 | 02 | 2013 | Elected to office | General protocol |
director of the company with | meetings | ||||
limited | participants from | ||||
responsibility "Summer" | 30.01.2013 | ||||
at the same time | N 01-13 |
You may ask: what about the order on taking office{q} Don’t its details need to be indicated in column 4{q} Indeed, as a rule, the director issues an order on his assumption of office. In accordance with clause 3.1 of the Instructions for filling out work books <2> when hiring an employee, the date and number of the order (instruction) or other decision of the employer according to which the employee was hired are entered in column 4 of the work book. This formulation allows us to conclude that admission (appointment) to a position, in addition to the order, can be formalized by another decision.
According to Rostrud, given in Letter dated September 22, 2010 N 2894-6-1, when making entries in the work book about appointment as director (general director) in column 4, you can give a reference to the decision of the general meeting of participants (other decision of the employer) or to the order about taking office.
The transformation of labor relations from part-time work to the main job and vice versa always causes heated debate, since the Labor Code does not give a clear answer to the question of what to do in this case. We believe that there are two options for formalizing labor relations in a situation where a part-time job becomes the main place of work.
https://www.youtube.com/watch{q}v=z6SxuTfnRT4
First option. It is necessary to terminate the employment relationship with the part-time worker and enter into a new employment contract for work in the same position (director), but without indicating that the work is a part-time job.
Second option. It is necessary to make changes to the employment contract on part-time work by concluding an additional agreement in which the clause of the employment contract that stated that the work is part-time is invalidated, and new conditions on working hours and wages are agreed upon.
On the basis of such an additional agreement, an order is issued with approximately the following content: “Recognize Oleg Yuryevich Sokolov, who previously held the position of director on a part-time basis, as holding this position at his main place of work from such and such a date. Basis: additional agreement to the employment contract dated __________ N ___.”
Since, regardless of the option of registering a change of part-time job to the main place of work, work in the organization will now be the main one for the manager, he must provide the employer with a work book for its further maintenance and storage.
There is no uniform procedure for filling out a work book in such a situation, established by regulations. Based on the Instructions for filling out work books and the explanation of Rostrud given in Letter dated October 22, 2007 N 4299-6-1, we can recommend the following procedure.
After the previous employer records his dismissal from his main place of work, in column 3 of the “Work Information” section, the full name of the organization, as well as the abbreviated name (if any), should be indicated as a heading.
Further entries depend on whether a record of part-time work was made at the previous place of work.
- If a part-time job was not recorded.
N entries | date | Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, paragraph of the law) | Name, date and number of the document on the basis of which the entry was made | ||
number | month | year | |||
1 | 2 | 3 | 4 | ||
Society with limited | |||||
responsibility "Winter" | |||||
(Zima LLC) | |||||
1 | 20 | 10 | 2011 | Elected to office | General protocol |
general director | meetings | ||||
participants from | |||||
10/20/2011 N 18 | |||||
2 | 30 | 01 | 2013 | Employment contract | Order from |
terminated by | 01/30/2013 N 7-u | ||||
employee initiative, | |||||
paragraph 3 of part one | |||||
Article 77 of the Labor Code | |||||
Russian Code | |||||
Federation. | |||||
Inspector OK Bumazhkina | |||||
Acquainted | |||||
Society with limited | |||||
responsibility "Summer" | |||||
(LLC "Leto") | |||||
3 | 10 | 09 | 2012 | Elected to office | General protocol |
General Director | meetings | ||||
From 10.09.2012 to | participants from | ||||
01/30/2013 worked in | 09.09.2012 N 7 | ||||
as a part-time worker. | Order from | ||||
Operating from 02/01/2013 | 02/01/2013 N 15 | ||||
at the main place | |||||
work |
- If information about part-time employment was entered while working at the main place.
N entries | date | Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, paragraph of the law) | Name, date and number of the document on the basis of which the entry was made | ||
number | month | year | |||
1 | 2 | 3 | 4 | ||
Society with limited | |||||
responsibility "Winter" | |||||
(Zima LLC) | |||||
1 | 20 | 10 | 2011 | Elected to office | General protocol |
general director | meetings | ||||
participants from | |||||
10/20/2011 N 18 | |||||
2 | 10 | 09 | 2012 | Elected to office | General protocol |
director of the company with | meetings | ||||
limited | participants from | ||||
responsibility "Summer" | 09.09.2012 N 7 | ||||
at the same time | |||||
3 | 30 | 01 | 2013 | Employment contract | Order from |
terminated by | 01/30/2013 N 7-u | ||||
employee initiative, | |||||
paragraph 3 of part one | |||||
Article 77 of the Labor Code | |||||
Russian Code | |||||
Federation. | |||||
Inspector OK Bumazhkina | |||||
Acquainted | |||||
Society with limited | |||||
responsibility "Summer" | |||||
(LLC "Leto") | |||||
4 | 01 | 02 | 2013 | Appointed to position | Order from |
directors | 02/01/2013 N 11 |
Vacation when working part-time
Entry no. | date | Job details | The document on the basis of which the entry is made | ||
number | month | year | |||
Limited Liability Company "Polyus" (LLC "Polyus" | Order dated July 10, 2019 No. 52 | ||||
10 | 06 | 2017 | Hired as General Director | Order dated June 10, 2017 No. 52 | |
01 | 06 | 2019 | Accepted as a part-time director at Lepestok LLC | Order dated June 1, 2019 No. 2 |
Procedure for hiring an external part-time director
Employment of a director as an external part-time employee is subject to mandatory registration. Generally accepted norms are applied: an employment agreement and an order are drawn up (for the director, a protocol with the decision of the participants is also drawn up). An entry in the work book is made at the request of the candidate applying for a job.
Sequence of actions when registering a part-time director | Details of the procedure |
Writing a statement by the director addressed to the company's participants | Required to obtain permission to work part-time in a third-party structure. Custom format is used Example of a director's application for permission to work part-time After the meeting makes a decision, a mark is placed on the application allowing part-time work. A link to the protocol is provided nearby. |
Preparation of a package of documents for employment | The standard minimum of documents includes (Article 65 of the Labor Code of the Russian Federation): · written permission from the main job for part-time employment (based on the decision of the board of directors, meeting of participants); · personal passport of a citizen of the Russian Federation; · SNILS; · diploma, certificate (other educational documents); · medical certificate (on request) |
Making a decision by the participants of the second company to appoint a candidate to the position of part-time director | Documented by protocol |
Issuing an order to assume the position of director | An independent, free form of document is used; general requirements for documentation are taken into account when publishing |
Issuing an order on hiring a part-time worker | When preparing this type of order, the standard T-1 format or a self-developed identical form is used |
Compilation of the employment agreement | The contract can be fixed-term or indefinite. The text part of the document is compiled on the basis of the standard form of a regular employment contract and taking into account the documented information in the order. For external part-time work, the type of work is prescribed - part-time (Article 282 of the Labor Code of the Russian Federation) |
Enrollment in the labor force is done on the initiative of the part-time worker who has been hired. The necessary information is entered at the main job. To do this, the owner of the work must provide supporting documents to the responsible personnel officer.
The process can be shown schematically as follows:
- Column “1”: serial number of the entry.
- Column “2”: date of entry (day, month, year).
- Column “3”: wording (about appointment to the position of part-time director in a specific organization - indicate its name).
- Column “4”: justification for making an entry (link to the number and date of the minutes of the meeting).
A personal card (T-2 format) is also properly filled out and a personal file is drawn up.
Answers to common questions
Can a general director combine two positions at different enterprises{q}
The legislation of the Russian Federation does not prohibit working part-time for almost all categories of citizens, with the exception of civil servants, employees whose main job is working in difficult and dangerous conditions, as well as drivers. Based on this, the general director does not risk anything if he works additionally, with the permission of the general meeting of founders and the establishment of a work schedule for him of no more than four hours a day, or in the absence of a full-time part-time job at his main place. It is also necessary to conclude an employment contract with the director and agree on a salary schedule in accordance with the staffing table.
How is an employee who is an external part-time worker paid?{q}
https://www.youtube.com/watch{q}v=OfbIVGnxNQw
The salary when combined will, of course, be lower than when a person is employed full time. Accordingly, when working 4 hours daily, the salary amount will be half lower than the salary of a full-time employee. However, no one canceled all bonuses, incentives and benefits.
Can the CEO work part-time for another company?
The director, like any other employee, after official employment receives the right to all social guarantees and payments. These include timely payment of wages, deduction of insurance amounts to special funds, payment of sick leave and vacation days.
But part-time work leaves its mark on work activity.
According to Article 284 of the Labor Code, additional labor activity is carried out during free time from main duties, and its duration cannot exceed four hours a day.
On days free from main work, the director can be at an additional workplace all day and receive a full salary for this.
Additional work activity on weekdays always involves remuneration calculated on the basis of a proportional ratio to the basic official salary. At an additional workplace, an employee is employed no more than half the working day, which means he can only count on half the rate.
The full rate is accrued if the employee is temporarily unable to perform duties at his main place of work (for example, he was suspended) and he has a legal basis for working full time. Typically this is 8 hours daily and 40 hours per week.
It should be noted that the additional fee may be fixed, that is, established by local documents.
Other options
Calculation of length of service
Calculating wages for a part-time worker is no different from the main employee. As a rule, the salary includes a bonus and allowance. According to the law, part-time work is limited to the time that an employee can be employed in addition to his main job; based on this, his salary cannot be more than 50% of that of the main employees.
The salary is set according to the staffing table and in proportion to the time worked, and if benefits are provided in your region, they are also taken into account.
Employee Petrov I.M. works part-time as a director, the full salary is 40,000 rubles. Since he is only half employed, his salary is 20,000 rubles. Personal income tax will be 2600 rubles.
Tax | Calculation |
Pension provision | 20000*22%=4400 |
Health insurance | 20000*5,1%=1020 |
Social insurance | 20000*2,9%=580 |
Accident | 20000*0,2%=40 |
Petrov will receive 20,000-2600 = 17,400 rubles.
The employer will pay 6,040 rubles for it.
Transfer of taxes from wages to the combined place does not relieve non-payment to the main place. Personal income tax is paid on all income.