Fedotov Alexander, independent expert, Moscow

Staffing allowance. Current work.

What you need to know, what to do and how to develop.

Ch. 1. Entry and development personnel work.

1.1. Tasks of the CS specialist.

1.2. Introduction to HR.

1.3. Mastering the duties of a personnel officer.

1.4. Content work.

Chapter 2. Professionalization of personnel.

The manual is aimed at both the novice and the already accustomed worker. personnel service(CS). At the same time, current work is considered, including hiring and dismissal, tasks of a CS specialist, necessary knowledge personnel records management (KDP), nomenclature of cases, staffing, time sheet, labor law, employment contracts, local regulations and the practice of mass selection of personnel. The issue of individual selection remains separate. The goal is to reach a professional level of work.

The work of a CS specialist consists in knowing their tasks and being able to competently conduct daily work, which is very diverse. In the current conditions of minimizing the number of CSs, due to the appointment of young and "not fired" personnel officers are usually overloaded. HRM departments and courses are dominated by academicism rather than practice. Proceeding from this, a kind of “compass” is proposed for developing your own direct course towards professionalism.

Ch. 1. Entry and development of personnel work.

1.1. Tasks of the CS specialist.

• Security necessary personnel. Planning of personnel needs (quantity, quality, timing) that meets the business objectives today and in the future.
• Development and implementation of a personnel search and selection system: sources of recruitment, content of applications for vacancies, mass recruitment technology.
• Registration of employment, dismissal, transfer, etc.
• Storage tr. books and their accounting, personal sheets, maintaining personnel documentation in accordance with the nomenclature of cases.
• Filling tr. books, personal sheets, issuance of certificates to employees.
• Knowledge of labor legislation (Labor Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation and instructions) and advice on these issues.
• Development and maintenance of local regulatory documents: Staffing, Regulations: On personnel, On salary, On holding a competition, etc., Rules for internal work schedule(PVTR), etc.
• Acquaintance and establishment of business relations with heads of departments.

1.2. Introduction to HR.

First steps.

From the very beginning, normal business relationship with department heads. Make it a rule to visit them at a location. Don't wait for someone to come to you. At the same time, have some questions for them, and they always are. It is useful to consult on some things, as well as tactfully raise questions about the unit. Then they will perceive you as a normal personnel officer, and not office worker, and you will gradually move on to friendly relations. Knowing people and units is no less important than competently performing technical work. smart work ( HR performance indicators) this is the result of not only professionalism, but also effective interaction with managers at all levels. Often, difficult relationships develop with the accounting department, which has “pulled the blanket” over itself.

It is important to remember that you are at the main entrance to the enterprise. And here your organization, impartiality, the ability to tactfully build a conversation, place the candidate’s confidence in you, tell him about the main responsibilities, agree on further actions and end the meeting in a businesslike and respectful manner are important. In advance, you need to “in your head” have a conversation scheme about the enterprise, official duties and personnel matters.

To get started, you need the following:

• write out the wording from the Labor Code of the Russian Federation for cases of admission and dismissal. Thus, it will be easier to master the main articles of the Labor Code of the Russian Federation and the adopted wording. Issues of layoffs are described in Articles 77 - 84 of the Labor Code of the Russian Federation.
• familiarize yourself with the recruitment and dismissal procedures;
• registration of Orders and Personal sheet T2 in the 1C program;
• have “at hand” the Staffing table for tracking vacancies, forms of Labor and other contracts, Applications (for work, dismissal, transfer, vacation), Applications for a vacancy, Reminders to the candidate on the provision of documents, “Runner” for dismissal, Certificate of work, forms for registration of a bank card, information for accounting. (There may be other documents.)

Upon receipt of the Application, be sure to study it and to clarify the features of the position and unclear issues, talk to its author. This is important in principle for the knowledge of the main tasks of vacancies and the establishment of business contacts.

When dismissing, a respectful and tactful attitude towards a person is required, especially if the dismissal is not on his initiative. After all, "how it comes around, it will respond."

On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him, Art. 140 TK.

If it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for work book or agree to send it by mail, art. 84 TK. Unreceived Tr. books are stored in the COP along with Orders.

Suspension from work is regulated by Art. 76 TK.

The order for employment must be announced to the employee within three days from the date of the actual start of work with his signature. Within 2 weeks, an entry is made in Tr. a book or a new one is started in its absence. Employment issues are described in Art. 67 - 71 TC. emergence labor relations dealt with in Art. 16 - 20 TK.

According to Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract is allowed by agreement of the parties by drawing up an additional agreement to the employment contract.

The expediency of concluding civil law contracts (GPA) instead of labor contracts can be found in " HR package". A common form of cooperation based on the GPA in the form of an Agreement on paid services(about the work).

When making additional work(combination, performance of the duties of a temporarily absent employee without exemption from work specified in the employment contract, expansion of service areas, increase in the volume of work) must be documented for combination or part-time work, see " HR package ».

According to Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. unified form, approved by the resolution of the State Statistics Committee of January 5, 2004 No. No. 1: Time sheet and payroll calculation (form N T-12), Time sheet (form N T-13).

If shift work is organized in the company, then shift schedules approved by the heads of departments and signed by employees are required.

Transfers to other positions and divisions are made on the basis of the employee's application in agreement with the heads of both divisions and the relevant order.

1.3. Mastering the duties of a personnel officer.

This stage is connected with bringing the procedures for registration and maintenance of the KDP to automatism, gaining a free style of working with candidates and establishing business contacts with managers.

• Master the 1C program - hiring, dismissal, filling out a Personal sheet, making changes to the Sheet. When applying for the issuance of the Order on admission / dismissal, you must immediately “hammer” the data in 1C for printing. At the same time, the candidate studies and signs Tr. contract in 2 copies. (one - for him, and the other - in the Personal file, along with copies of documents). Make the necessary entry in the Journal of Accounts tr. books. All documents must be signed by the defendant. Journal of accounting tr. books can be combined taking into account briefings (TB, Primary briefing, etc.)
• Master filling Tr. books, paying attention to the accuracy of the entries under the Labor Code of the Russian Federation, tk. an inaccuracy may affect the calculation of a pension or the receipt of benefits by profession in the future. On this issue and the introduction of corrections in Tr. see the book. " HR package ».

You'll have to:

• issue certificates of work at the request of the employee, which indicates the number of the Order on admission, position and salary.
• collect timesheets from all departments to enter the necessary information into personal sheets (about vacation, illness, business trip ...) and transfer them to the accounting department for payroll.
• advise department heads and employees. This is an important part of the work of a CS specialist.

Staffing needs planning should provide both current production tasks, and promising. When securing long-term tasks, it is useful to create a qualitative reserve. In order for it to be real and already focused on the upcoming work, it is necessary that these persons already work at the enterprise in close positions.

1.4. Content work.

This work is primarily related to local regulations.

• The staffing table is the main document that reflects the entire organizational structure enterprises, a complete list of positions in departments, their number and salaries. The staff is approved by the director of the enterprise. Changes are made either by the adoption of a new Shtatka, or by the publication of an addition to the Staff List (this is for large structures).
• The internal labor regulations (PWTR) are developed, as a rule, in the Constitutional Court, agreed with the heads of the enterprise and approved by the director. The ERP establishes the relationship between the employer and employees and labor regime. The content of PWTR at different enterprises can vary significantly. The internal labor regulations must comply with: current legislation, constituent documents, staffing.
• Various Regulations that regulate various aspects of the activity. But they are usually focused on the employees of the enterprise. Therefore, the CS is engaged in their development and implementation. Among them may be the Regulations: On Personnel, On Salary, On Performance Evaluation, On Holding a Competition, etc.

Ch. 2. Professionalization of the personnel officer.

Having passed and mastered the previous stages of work and self-training, you will have no problems in maintaining the current personnel work. And you will be able to resolve issues with the heads of departments and develop the above local regulatory documents, incl. Shtatki and PVTR. Thus, your circle of interests will go beyond the "turnover" and will be close to the tasks of the CS, which are much wider than the tasks of a specialist.

For professional development, it is necessary to sum up for oneself the results on specific issues resolved, comprehending under what circumstances it was possible or what caused the failure. Professionalism grows when comprehending what has been done and expressing what is meaningful in writing. Indeed, it is important not only to do, but also to see what is behind it. It often happens that a person has been working for years, but he has nothing to say about it - only specific actions in the absence of a common vision.

At this stage, it's time to work with various publications that are well represented on the Internet. We can recommend the following sites: Elitarium, e-xecutive, ITeam, HR-portal, Business world. This will be enough by subscribing there.

Get yourself a flash drive, select folders in it for topics that interest you and fill them out, studying each article. Initially, the following folders are required: Legal. consultations, KDP, Human Resource Management (HRM), Corporate Governance, The work of the COP, The work of managers, Local regulatory documents, Description of professional competencies, Psychology of personality, Socio-psychological practice, Corporate changes, Personnel selection, Personnel assessment, Stimulation of employees and teams, My developments, etc. As materials accumulate, other headings will appear .

In a few years, you yourself will be able to conduct some thematic development. In the meantime, write down any of your thoughts, save up and their time will come.

The main materials for the current work are: personnel office work"Package of personnel officer", where there are answers to various questions; Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. For other questions, incl. recruitment - Internet sites SuperJob, HeadHunter, Job, Rabota.ru, Rabotamail.ru, as well as personnel magazines, of which there are many.

In conclusion, it is worth noting that practice and the objectively present differences in people indicate that not everyone can be a generalist personnel officer. Indeed, most gravitate towards a certain range of tasks.

Personnel issues

No. 72. Optimal paydays are as follows: dates in the period from the 20th to the 27th day of the month - for payment for the first half of the current month, from the 5th to the 14th day of the month - for payment for the second half of the previous month. Setting the 15th and last day of the current month is not worth it. After all, the accounting department needs time to calculate salaries.

No. 73. Issue a pay slip exclusively to the employee for whom it is intended. To avoid violating the Personal Data Act, you may only pass on a payslip through another employee if articles 88, 89 of the Labor Code of the Russian Federation:

• <или>he has a power of attorney to receive a sheet from the employee for whom he takes a sheet;
• <или>LNA of the company provides for the procedure for transferring pay slips, for example, through the heads of departments, who, against signature, were notified of the ban on disclosing personal data of employees.

No. 74. If an employee went to work between decrees, average earnings calculate based on the salary received for the period of work between the first leave of absence and the second decree, if the month of returning to work from parental leave and the month of leaving on the next decree do not coincide. If the return to work from parental leave and the next decree fall on the same month, then calculate the average earnings based on earnings for the 12 months preceding the first decree ; ; .

No. 75. When calculating the average earnings immediately after continuous long maternity leave, the calculation should take earnings for the 12 months preceding the month in which maternity leave began a clause 6 of the Regulations, approved. Decree of the Government of December 24, 2007 No. 922; Letter of the Ministry of Labor of November 25, 2015 No. 14-1 / B-972; Appeal ruling of the Chelyabinsk Regional Court of March 2, 2015 No. 11-1664/2015. The average earnings are also calculated if the break between decrees falls only on weekends.

No. 76. Employees under the age of 30 who have lived in the regions of the Far North or in areas equated to these regions for at least 1 year, the wage bonus is accrued on an expedited basis. Such workers earn the maximum allowance after 2.5 years: in the regions of the Far North it is 80%, in areas equated to such regions - 50% Letter of the Ministry of Health and Social Development of January 20, 2005 No. 97-Pr (p. 1).

No. 77. It is not necessary to pay for holidays during the holidays only to salaries. All other employees (in particular, pieceworkers) must be paid in the amount established by the LNA, collective or labor agreements and Art. 112 Labor Code of the Russian Federation.

No. 78. Northerners can combine annual holidays, but not more than 2 years. If, when combining vacations, the total duration of the vacation is more than 6 months, then part of the vacation over 6 months is added to the next annual vacation for the next year Art. 322 of the Labor Code of the Russian Federation. That is, such workers can go on vacation not every year, but once every 2 years.

No. 79. If the main and northern holidays are provided at the same time, then we calculate the average earnings once, for 12 calendar months preceding the date of commencement of such leave. If a additional leave the employee does not take at the same time as the main one, then the average earnings must be recalculated with a new billing period Art. 139 of the Labor Code of the Russian Federation; clause 4 of the Regulations, approved. Decree of the Government of December 24, 2007 No. 922.

№ 80. Annual leave a shift worker can be provided only after using the days of rest between shifts. Therefore, if, according to the vacation schedule, the start date of the vacation fell on an inter-shift vacation, then it must be rescheduled. To do this, make changes to the vacation schedule. This can be done at the request of the employee after the approval of the shift work schedule, which is brought to the attention of the employees no later than 2 months before its entry into force. Decision of the Supreme Court of 09.02.2011 No. GKPI10-1462; Art. 301 of the Labor Code of the Russian Federation.

No. 81. It is better for salary workers to calculate the payment of days between shifts based on the average monthly number of working days per year. This will avoid uneven payment of such days. When calculating the daily part of the salary, you need to multiply the employee's salary by 12 months and divide by the norm of working days according to production calendar for a specific calendar year.

No. 82. Engaging an employee to work for a long time without providing days off will be regarded as a violation of labor laws. After all, all employees are guaranteed the provision of days off (weekly uninterrupted rest). Thus, for this violation, the labor inspectorate may issue a warning or fine the organization in the amount of 30,000 to 50,000 rubles, and its head (entrepreneur) - in the amount of 1,000 to 5,000 rubles. Art. 111 of the Labor Code of the Russian Federation; Part 1 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation

No. 83. Calendar days of study leave, including non-working days holidays must be paid on the basis of average earnings. After all, non-working holidays do not extend study leave employee, since such leave is granted to the employee not for rest, but Art. 173 of the Labor Code of the Russian Federation; clause 14 of the Regulations, approved. Decree of the Government of December 24, 2007 No. 922.

No. 84. Calculate the duration of the leave "for harmfulness" in calendar days in proportion to the number of full calendar months worked in harmful or dangerous conditions for the working year. To determine the last indicator, the number of calendar days worked during harmful conditions in a working year, divide by 29.3 (the average monthly number of calendar days, the calculation of which takes into account non-working holidays). Vacation “for harmfulness” of at least 7 calendar days per working year is granted to employees if, according to the results of a special assessment, working conditions are classified as harmful (2nd, 3rd or 4th degree) or hazardous conditions labor a Art. 117 Labor Code of the Russian Federation.

No. 85. Please note that a driver deprived of a license during the term of punishment is not entitled to drive not only a car, but also self-propelled vehicles and paragraph 3 of the Resolution of the Plenum of the Supreme Court of October 24, 2006 No. 18. Therefore, it is not worthwhile to transfer a “disenfranchised” employee at this time to drive a tractor or loader, even if they are operated on the internal territory of the organization.

If this fact is discovered by the police, then the company or entrepreneur can be fined 100,000 rubles, and executive responsible for technical condition and operation of transport, - by 20,000 rubles. Art. 12.32, part 1 of Art. 23.3 of the Code of Administrative Offenses of the Russian Federation

No. 86. If the leave was granted to the employee the very next day immediately after he wrote the application, ask the employee to indicate that he is ready to receive vacation pay at a later date. In the case of a labor inspectorate check, this will help to avoid a fine for not paying the employee vacation pay 3 calendar days before the start of the vacation. But compensation for late payment of vacation pay in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation will have to be paid in any case articles 136, 236 of the Labor Code of the Russian Federation.

No. 87. If a quarantine has been announced at the school, then the employee may not go to work, only after agreeing this with the employer. After all, in this case, the employee is not entitled to quarantine sick leave. p. 3 h. 1 art. 5 of the Law of December 29, 2006 No. 255-FZ. If the employer has met the employee halfway, then absenteeism can be issued at his request either as a vacation at his own expense, or as an annual paid vacation outside the schedule, or as work at home based on the specifics of your company.

No. 88. After conducting a special assessment of jobs, it is advisable to send its results to the labor inspectorate at the location of the employer. This will protect you in case the assessor does not enter data into the Federal Government information system taking into account the results of the special assessment. Then the labor inspectorate will enter the data Part 4 Art. 18 of the Law of December 28, 2013 No. 426-FZ.

No. 89. When determining the date an employee leaves for work from a vacation that falls on non-working holidays, consider how the employee formulated the vacation application. If an employee has applied for a certain amount of days, the holidays will extend the vacation. If the employee wrote an application for specific dates (from such and such a date to such and such), then the holidays will not be included in the number of vacation days, but the employee will have less vacation days.

Even with a full-fledged staff service, in order to save time and money, maintain security and confidentiality, some issues can be entrusted to third parties. These issues include: the search and selection of personnel, their training, certification, research on the labor market. If your organization does not have a HR department, let's get acquainted with those who help to solve personnel issues professionally. It can be:

• Recruitment agencies (services paid by the employer)
• Employment agencies (paid by both the employer and the job seeker)
• Agencies specializing in the selection and employment of workers in certain professions

What are the advantages of contacting recruitment agencies over self-selection?

1. They have extensive databases of applicants for various professions (which significantly reduces the time for filling vacancies)
2. Have experience in recruiting rare specialists (know where to look)
3. Receive hundreds of candidate calls and select according to customer requirements
4. Provide full resumes specialists corresponding to the needs of the customer
5. Preliminary screening of applicants' references
6. They will take over the organization of the interview, as well as all the necessary procedures, up to the refusal of candidates.

In the process of fulfilling the application, several people will work for you for one to three weeks, 8 hours a day! Lists of specialists from the database will be selected. Ads are placed in the best and trusted sources (media, Internet). Individual funds developed by each agency will be used. Spent about .... hours of telephone time for one application. Conducted preliminary interviews with a large number of candidates. Through the “sieve” of recruitment agencies, people who abuse alcohol or use narcotic substances; previously brought to criminal responsibility, whose criminal record has not been expunged; not passed the usual visual inspection for compliance corporate standards customer, etc. etc., not counting just unskilled workers. Applicants are checked for many parameters before they are admitted to the employer.

What does a customer need to do to use the services of recruitment agencies? To begin with, the secretary can collect information by phone:

• Recruitment conditions
• Selection terms
• Guarantees

In addition to objective information expressed in numbers, days and rubles, pay attention to how they talk to you on the phone, whether consultants are ready to go to your organization, and whether they inspire confidence in you. You can also ask for recommendations former clients agencies. Be sure to read the contract and discuss the key points.

Now you can talk about who you need. The consultant will help to draw up an application with the requirements for a specialist, as well as formulate all the parameters that should not be. The employer has the right to maintain complete confidentiality in the selection of personnel. Applicants are provided with all information about the vacancy, except for the name of the customer company. After a specified period of time, you study the received resumes and decide which of the candidates you are ready to meet and set a time. It is convenient to come to the agency for an interview, where applicants will be invited to you at certain intervals. For a better choice, the interview may include the head of the department in which candidates are considered, and other significant specialists. The result of the interview, as a rule, is reported to the agency after a short period of time, 1-2 days. Guaranteed period of free replacement of a specialist by an agency from 2 to 6 months. Various forms of payment. Comfortable. Try it!

05.04.2016 05:03

Can a manager be fired while on parental leave? Do I need to pay sick leave while an employee is studying? How to draw a genera correctly? How to correct a mistake in the sick leave? SKB Kontur experts analyze the most complex cases from daily work personnel officers and give informed recommendations.

1. Can a supervisor be fired during parental leave?

The head whose term of office has ended is on parental leave. Can he be fired?

Expert Olga Kubakh answers:

The dismissal of the head in this case is permissible and will not be a violation Labor Code Russian Federation, since the reason for termination of labor relations is the expiration of the term of the employment contract, and not the initiative of the employer (part 6 of article 81 of the Labor Code of the Russian Federation). Moreover, the employer must dismiss the employee if he does not plan to continue the employment relationship with him in the future.

If the head is not fired at the end of the contract, the principle of the urgency of the contract will lose its force (part 4 of article 58 of the Labor Code of the Russian Federation). In this case, the contract will be considered concluded for an indefinite period.

2. How to calculate daily expenses if the business trip falls on a weekend?

The employee's business trip starts on Sunday and will last for two weeks. How to calculate daily expenses without errors? Does the calculation depend on weekends and working days?

Expert Sergey Tokarsky answers:

Regulatory documents for calculating travel allowances - tax code(Article 217) and the Labor Code (Articles 166, 167 and 168). The maximum daily allowance in 2016 within Russia is 700 rubles, abroad - 2500 rubles.

In this case, per diems must be paid starting from Sunday until the day the employee returns from a business trip.

Daily allowance is paid for each day of stay on a business trip, including weekends and non-working holidays, days on the road (including forced delays on the way). The employer independently calculates the size of the daily allowance, taking into account the volume, complexity and other nuances of the assignment. The duration of the business trip also includes the time spent by the employee on the road, taking into account the type of transport.

The start of the business trip is the date of departure of the train, plane, etc., the end is the date the vehicle arrives at the place permanent job. If the departure time of the vehicle is before 24 hours, the day of departure is considered the current day, after 24 hours - the next day. Similarly, the date of arrival of the employee to the place of permanent work is determined.

Payment for days of business trips according to the average when calculating wages for the month is made according to the time sheet, the position of the enterprise. In the absence of confirmation of the fact that an employee worked on weekends at a business trip (a separate time sheet, for example), days off are not paid on average. If an employee is forced to leave on a day off, and the company does not mind paying, then this should be indicated in the order for a business trip.

3. Do I need to pay sick leave while an employee is studying?

The company entered into an off-duty apprenticeship contract with the worker, but he fell ill during the training. Should in this case both sick leave and a scholarship for this period be paid at the same time?

In this case, the organization is obliged to pay only sick leave. The employee sent for training is an employee of the organization, therefore, he is insured against temporary disability (Article 183 of the Labor Code of the Russian Federation). The company does not have to pay a scholarship, since it is accrued only during the period of study (Article 201 of the Labor Code of the Russian Federation).

4. What should I do with an employee who is on parental leave under 3 years of age?

Since November 20, 2015, an employee working in a state organization has been on parental leave to care for a child up to 3 years old (for her grandson) and works a shortened working week. Every month she writes an application for an individual schedule for a month.

On March 1, 2016, the application was not written, since the employee planned to go on parental leave completely in order not to work, the employer gave oral consent to this. On March 2, 2016, she asked for another day of vacation, since March 3, 2016 she has a sick leave.

Can an employee, while on sick leave, write a notice that from the first day she leaves the sick leave she asks to go on parental leave? Is it possible to do this by mail with notification? How to write such a statement? Do I need to attach any documents? On March 3, 2016, the employer reprimanded the employee and wants to fire her.

Natalia Mamykina, an expert of the legal reference service Normative, answers:

In Art. 193 of the Labor Code of the Russian Federation states that only one disciplinary sanction can be applied for each disciplinary offense.

An employee did not come to work on March 1, on March 2 she took a day off, and on March 3 she fell ill. Walking out on March 1 is one disciplinary action, and you applied two to it disciplinary actions, which is already a violation, while you want to apply a third penalty.

If the employee is already on parental leave for a child under 3 years old and has provided all the documents, it is not necessary to write a re-application for leave. But we need her refusal to work on a part-time basis. The application may be sent by mail.

5. How to register a general director?

The director is registered as an LLC and included in the staff list. He is the sole founder. An order was issued to appoint a director. It has been issued since June 29, 2015 and taxes are deducted to the budget to this day.

The staffing table and the order for the appointment of the director were provided to the Federal Tax Service, upon their request for information on the VAT ND.

The Ministry of Labor in its Letter No. 2262-6-1 dated December 28, 2006 says that in relation to the general director, who is the sole founder (participant, shareholder) of the organization, there is no employer, and the signing of the contract by the same person on behalf of the employee and on behalf of the name of the employer is not allowed. Is such a mistake rude?

Svetlana Pyatovol, an expert of the reference and legal service Normative, answers:

This is not an error. If the only member of the company is a manager who performs the duties of managing the company, he can receive remuneration for his work only on the basis of an employment contract. Therefore, it is necessary to conclude with the director labor contract.

In general, there is a lot of conflicting information on the issue of concluding an employment contract with the director, who is the sole founder of the organization. Letter of the Ministry of Health and Social Development of Russia No. 22-2-3199 dated August 18, 2009: the only member of the company, assuming by its decision the functions of the sole executive body (director, CEO, president, etc.), carries out managerial activities without concluding any contract, including labor. This conclusion is justified by the fact that, according to Art. 273 of the Labor Code of the Russian Federation, provisions of Ch. 43 "Peculiarities of labor regulation of the head of the organization and members of the collegial executive body of the organization" of the Labor Code of the Russian Federation apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, except in cases where the head of the organization is the sole participant (founder), member of the organization, owner her property.

In its Letter No. 177-6-1 dated March 6, 2013, Rostrud concludes that in this case an employment contract is not concluded. The conclusions are drawn on the basis of the interpretation of Art. 273 of the Labor Code of the Russian Federation. The basis of this norm is the impossibility of concluding an agreement with oneself, since the signing of an employment contract by the same person on behalf of the employee and on behalf of the employer is not allowed. An employment contract is an agreement between an employer and an employee, that is, a bilateral act. In the absence of one of the parties to the employment contract, it cannot be concluded. This gives Rostrud grounds to conclude that labor legislation does not apply to the relations of the sole participant of the company with the company established by him. The only member of the society must, by his decision, assume the functions of a leader, and managerial activity in this case, it should be carried out without the conclusion of any contract, including labor.

Letter of the Ministry of Finance of Russia dated 10/17/2014 No. 03-11-11 / 52558 says that since the employment contract involves the presence of two parties - the employee and the employer, in the absence of one party - the employer, it cannot be concluded. The head of the organization, being its sole founder and member of the organization, cannot accrue and pay to himself wages. Therefore, payments in favor of the head cannot be taken into account as expenses when determining the object of taxation for the unified agricultural tax and do not form an object of taxation of insurance contributions to off-budget funds.

6. Do I need to terminate an employment contract with a foreigner?

A foreign employee has expired his work permit in the Russian Federation, but he has already applied to the Federal Migration Service for a new one. Do I need to terminate the employment contract with him?

Expert Olga Kubakh answers:

As noted in Part 1 of Art. 77 of the Labor Code of the Russian Federation, an employment contract may be terminated due to circumstances beyond the control of the parties. One of these circumstances is the expiration of a special right - a work permit in Russia (clause 9, part 1, article 83 of the Labor Code of the Russian Federation). Rostrud speaks similarly in its letter (letter dated 10/23/2013 No. PG / 9509-6-1).

Do not forget that the legislation does not establish the obligation to conclude an agreement with a foreigner only for the duration of the work permit. Initially, an employment contract may be concluded for an indefinite period of time. But a foreign employee can work labor activity in Russia only with permission. Therefore, upon expiration of its validity, the organization must terminate the employment contract with him. Suspension from work until a new permit is issued in this case is not possible.

The grounds for removal can only be the temporary suspension of a special right (for up to two months), and not its cancellation. This follows from the provisions of par. 6 h. 1 tbsp. 76 of the Labor Code of the Russian Federation. However, the temporary suspension of work permits in Russia is not provided for in paragraph 11 of Art. eighteen federal law dated July 25, 2002 No. 115-FZ. The FMS of Russia can only revoke such permits.

7. How to correct an error in the sick leave?

An error was made in the sick leave - the insurance period was incorrectly entered. What to do?

Svetlana Romanova, an expert of the reference and legal service Normative, answers:

The erroneous entry must be carefully crossed out, the correct entry must be entered instead of the erroneous one. reverse side sick leave form, confirming with the entry “verify corrected”, the signature and seal of the employer (clause 65 of the Procedure for issuing sick leave certificates, approved by the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n). If the employer is an individual, then the seal is affixed, if any. It is unacceptable to correct errors using a corrective or other similar means.

8. Does an employee who is on sick leave for a long time have the right to leave?

The employee was hired in August, but two months later he fell ill and was on sick leave until the end of November. At the end of November, he underwent surgery. Until mid-February, he has a sick leave. FROM hospital worker discharged for light labor. Is he entitled to another vacation?

Alla Greshkina, an expert of the legal reference service Normative, answers:

In Art. 121 of the Labor Code of the Russian Federation states that the length of service, which gives the right to an annual basic paid leave, includes: actual work; the time when the employee did not actually work, but the place of work (position) was retained for him, including the time of annual paid leave, non-working holidays, weekends and other days of rest.

The time the employee was on sick leave is the period when the employee did not actually work, but the place of work was retained for him.

In this case, the employee has the right to the next paid leave - from February, six months after employment.

9. How to calculate the annual norm of hours with a rotational method and a 12-hour shift?

At shift method The work shift is 12 hours long. He planned his vacation in 2016 according to the schedule - from September 18 to October 17 (40 calendar days). The annual norm for summed accounting is 1974 hours. How many hours on an employee's vacation days should be subtracted from annual rate hours to determine an employee's annual rate of hours in 2016?

Alla Greshkina, expert of reference and legal service Normative:

With the rotational method of work and the summarized accounting of working time, the time excluded from the annual norm of hours in connection with vacation is determined as the number of hours of absence falling on working time in accordance with the shift schedule of the employee (Letter of the Federal Labor Service of the Russian Federation dated March 1, 2010 No. 550-6-1).

Determine the number of shifts that fall on vacation (so if the employee did not go on vacation), and multiply by the duration of one shift.

10. What article should be indicated in the labor in connection with the retirement of the employee?

Expert Olga Kubakh answers:

Reaching the retirement age is not grounds for terminating an employment relationship with an employee. If he retired, but continues to work, the general grounds specified in Art. 77 of the Labor Code of the Russian Federation. One of them is the employee's own desire. In this case, the following entry must be made in the labor record, regardless of whether he is retired or not: “Dismissed due to own will, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation.

According to part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee must notify the employer in writing about the desire to quit, two weeks in advance. However, part 3 of the same article contains a clause: if the termination of the employment relationship between the employer and the employee is associated with the latter's retirement, then the employer is obliged to terminate the employment contract within the period specified in the employee's application, that is, not to require compliance with the two-week period. Therefore, in labor record will be as follows: “Dismissed of his own free will in connection with retirement, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation.”

Copying and any processing of materials from the site site is prohibited