Order for the CEO part-time. Can the CEO work part time? Dismissal of the CEO of the company at his own request

12.12.2019

Can the CEO and Chief Accountant work part-time at a part-time job? Or how to correctly reflect the irregular working hours of both, if they receive a fixed salary, regardless of whether they were at work for an hour or four hours, that is, the time worked depends on the work performed.

for chief accountants, the Labor Code of the Russian Federation does not establish any restrictions or special requirements for part-time work. Therefore, the chief accountant can work part-time part-time.

The head of the organization can work part-time for another employer only with the permission of the authorized body legal entity or the owner of the property of the organization, or a person (body) authorized by the owner. The head of an organization cannot be a member of the bodies exercising the functions of supervision and control in this organization.

If the CEO is the sole founder (participant, shareholder) commercial organization, then an employment contract cannot be concluded with him, therefore, he cannot be a part-time worker.

Also, the director of a municipal unitary enterprise cannot be accepted concurrently, since the heads of unitary enterprises are not entitled to engage in other paid work, both in commercial and in budget organizations, except for teaching, scientific and other creative activities.

Thus, if a citizen is not a director of a municipal unitary enterprise, is not the only founder (participant, shareholder) of a commercial organization, and also does not belong to the categories of citizens who cannot be accepted as part-time employees (minors; citizens who are hired with harmful and ( or) hazardous conditions labor, if their main job is related to the same conditions; prosecutors; citizens who are hired to work related to driving vehicles or traffic control, if they perform the same tasks at their main place of work labor obligations; judge) he can work part-time part-time with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.

The total working time for part-time workers cannot exceed four hours a day, but if the employee is free from the main job (on any day), then he can work part-time at this time full time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours per month (another accounting period) established for the corresponding category of employees.

When hiring, in the order in the form No. T-1, indicate that the employee was hired on a part-time basis, write down the actual amount of the salary that you will accrue to the employee, next (in brackets) indicate that this is 0.5 rates.

At the same time, it is better to prescribe the full salary of a full-time employee in the staffing table, since if in the future the organization hires a full-time employee, there will be no need to make changes.

In addition, employees can set hourly pay labor. Wherein wage calculated based on the number of hours actually worked in the billing period.

Irregular working hours - a special mode of work, in accordance with which individual employees can be involved in the performance of their labor functions outside the working hours established for them, subject to a number of conditions.

Since the working hours of a part-time worker are limited by law, an irregular working day cannot be established for him, regardless of how many hours a part-time worker works per day.

The rationale for this position is given below in the materials of the Glavbukh System and the Personnel System

In case of part-time work, the employee, in his spare time from his main job, performs other work under a separate employment contract ( h. 1 st. 282 TK RF). Part-time work can be done both at the place of the main job (internal part-time worker), and in other organizations (external part-time worker) ( h. 3 art. 282 TK RF).

The legislation does not limit the number of part-time jobs. That is, an employee is allowed to conclude employment contracts for part-time employment with any number of organizations. This is stated in part 2 Article 282 of the Labor Code of the Russian Federation.*

Who cannot be accepted concurrently

Part-time work cannot be accepted by citizens belonging to the following categories:

minors ( h. 5 st. 282 TK RF);
citizens who are hired with harmful and (or) dangerous working conditions, if their main job is related to the same conditions ( h. 5 st. 282 TK RF);
prosecutors (except for teaching, scientific and creative activities) ( P. 5 st. 4 Laws of 17 January 1992 No. 2202-1 );
citizens who are hired to work related to driving or driving vehicles, if they perform the same labor duties at their main place of work ( h. 1 st. 329 TK RF). Scroll positions and professions to which this restriction applies, approved resolutionGovernments RF from 19 January 2008 No. 16 ;
judges (except for teaching, scientific and creative activities) ( P. 3 art. 3 Laws of 26 June 1992 No. 3132-1 ).*

If the organization mistakenly hires an employee who is prohibited from working part-time, he will have to be fired paragraph 11 Article 77 of the Labor Code of the Russian Federation (as a violation of the rules of imprisonment employment contract, excluding the continuation of work).

Situation: is it possible to hire a part-time job who is the director of a municipal unitary enterprise

As a rule, you can't.

The fact is that the heads of unitary enterprises are not entitled to engage in other paid work in both commercial and budgetary organizations, except for teaching, scientific and other creative activities. This is stated in paragraph 2 article 21 of the Law of November 14, 2002 No. 161-FZ.

Situation: can the same person be the chief accountant in two organizations at the same time (in one - according to the work book, in the other - part-time) *

Yes maybe.*

No restrictions or special requirements for part-time work for chief accountants Labor Code RF does not install.

A part-time job is the performance by an employee of another paid job in his spare time from his main job. This concept is spelled out in article 282 Labor Code of the Russian Federation. At the same time, an employment contract is necessarily concluded with a part-time job, which indicates that the work is a part-time job. *

Situation: can the general director - the sole founder (participant, shareholder) of a commercial organization - work part-time

No, he can not.*

An employment contract is not concluded with the General Director - the sole founder ( letterMinistry of Health and Social DevelopmentRussia from 18 August 2009 No. 22-2-3199 ). Therefore, such a person is not in an employment relationship with the organization in the generally accepted sense.*

Thus, the CEO, who is also the sole founder of the organization, can get a job in another organization. At the same time, such work will not be considered an external part-time job, but will be the main job for him. *

Working hours

The total working time for part-time workers cannot exceed four hours a day ( Art. 284 TK RF). But if the employee is free from the main job (on any day), then he can work part-time at this time full time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours per month (another accounting period) established for the corresponding category of employees. Such restrictions are set part 1 Article 284 of the Labor Code of the Russian Federation.*

Part-time working time restrictions do not need to be observed if the employee at the main place of work:

suspended work due to delayed payment of his salary ( h. 2 tbsp. 142 TK RF);
Suspended from work for health reasons with retention of position for a period of up to four months in cases provided for part 2 articles 73 of the Labor Code of the Russian Federation;
is the head, his deputy, chief accountant of the organization ( separate subdivision) and dismissed for health reasons with the retention of the position in the case provided for part 4 article 73 of the Labor Code of the Russian Federation.

On those days when the employee is busy at the main place of work, the daily duration of his part-time work cannot exceed four hours a day. For more than four hours, a part-time worker can work only on those days when he is not busy at his main place of work. For example, if an employee is not busy on any day at the main place of work, he can work part-time full-time (eight hours). Then overtime will be considered the hours of work that the part-time worker worked in excess of the prescribed eight hours. At the same time, the duration of part-time working hours for a month (another accounting period) should not exceed half the norm of working hours of the same category of employees working on a permanent basis (i.e., not part-time) for the same accounting period.

After the employment contract is concluded, draw up The order of acceptance to work, and at the end of the procedure personal card .

An example of hiring an external part-time worker

E.V. Ivanova was accepted into the organization as a secretary on the terms of an external part-time job ( labor contract).

The head of the organization issued an order for hiring Form No. T-1 and at the request of the employee issued certificate confirming acceptance for a part-time job. Based on this certificate, the employee of the organization responsible for maintaining personnel records at the main place of work, made an entry about part-time work in work book Ivanova.

Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

2. Article-by-article commentary to the Labor Code of the Russian Federation.

“Article 276. The work of the head of the organization in combination

The head of the organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner. The head of the organization cannot be a member of the bodies exercising the functions of supervision and control in this organization. *

Comment:

The norms of Article 282 of the Labor Code of the Russian Federation contain the possibility of restrictions on part-time work for certain categories workers, in particular heads of organizations. Federal laws establish restrictions on the right of managers to work part-time. Reasons for this:

the possibility of abuse by managers of their powers contrary to the property interests of the owners of organizations;
a limited resource of the manager's working time, which he is obliged to use productively in the interests of the employer. There are often situations when work in other organizations is necessary from the point of view of ensuring the interests of the employer, for example, in subsidiaries, dependent legal entities. Therefore, the Labor Code of the Russian Federation (in Article 276) does not prohibit part-time employment, but conditions it by obtaining permission from the authorized body, the owner of the property of the organization, or a person (body) authorized by the owner.

Managers may be expressly prohibited from performing certain paid jobs. For example, the head of a unitary enterprise cannot be a founder (participant) of a legal entity, hold positions or engage in other paid activities in government bodies, organs local government, commercial and non-profit organizations, except for teaching, scientific and other creative activities. He is forbidden to practice entrepreneurial activity, be the sole executive body or a member of the collegial executive body of a commercial organization, except when it is included in official duties this leader. Supervisor credit institution, its branch does not have the right to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or affiliated persons in relation to the credit institution in which its head, chief accountant work , head of its branch.

Legislation on companies with limited liability contains no such restrictions. In this case, the norms of the Labor Code of the Russian Federation on the need for permission from the owners of property (participants) of the company to occupy the head of paid positions in other organizations are applied.*

The head of the organization also cannot be a member of the bodies exercising control functions. This is due to the need for separation of powers between management and supervisory bodies. The head, by virtue of his powers, constantly monitors the functioning of the organization. Owners are also interested in conducting periodic objective audits of activities managed by the head of the organization to assess the effectiveness of decisions made by him and the effectiveness of the head. Likewise, members audit commission(auditor) of the company cannot be members of the board of directors (supervisory board) at the same time. They cannot hold other positions in the management bodies of the company.

Assignment of staffing

Nina Kovyazina,

deputy director of the department

education and human resources of the Ministry of Health of Russia

4. Article: Solutions for five problem situations with payroll documents

Situation 4. An employee is hired on a part-time basis

We take an employee for 0.4 rates - 2000 rubles. per month (full salary - 5000 rubles). How do we properly issue an order for employment and staffing? Previously, this position was not in the staff.

Irregular working hours - a special mode of work, according to which individual employees can be involved in the performance of their labor functions outside the working hours established for them, subject to a number of conditions (Article 101 of the Labor Code of the Russian Federation).

Since the working time of a part-time worker is limited by law, he cannot be set an irregular working day, regardless of how many hours a day the part-time worker works. *

Ivan Shklovets, Deputy Head Federal Service for work and employment

Sincerely,

Lyudmila Nosova, expert of BSS "System Glavbukh".

Answer approved by Varvara Abramova,

leading expert of BSS "System Glavbukh".

The need to amend the employment contract arises when the information or conditions contained in it change. The initiator of changes can be both an employee and an employer (Chapter 12 of the Labor Code of the Russian Federation). When making changes to the employment contract, draw up a written agreement between the employee and the employer. standard form there is no such document in the legislation. Therefore, an organization can compile it in free form in the form of an additional agreement to the employment contract. The 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. At CEO organizations have a dual status. He is both an employee in labor relations with the organization and the sole executive body of the organization (Article 40 of the Law of February 8, 1998 No. 14-FZ). As a leader, he decides all economic and managerial issues of the organization. As an employee, he is obliged to act within the framework of the employment contract and comply with the Rules work schedule(Article 275 of the Labor Code of the Russian Federation). The working hours of the General Director is a mandatory condition of the employment contract. Such conditions can be changed only by agreement of the parties to the contract (Article 72 of the Labor Code of the Russian Federation). In an LLC, an employment contract on behalf of the organization must be signed by the one who chaired the general meeting of participants, where the general director was elected, or a member of the company who is authorized by the decision of the general meeting.

The rationale for this position is given in the materials of the BSS Chief Accountant for commercial organizations:

Reasons for change

The need to amend the employment contract arises when the information or conditions contained in it change. At the same time, both mandatory and additional terms of the employment contract may change.

Amendments to an employment contract are possible only with the mutual consent of its parties (Article 72 of the Labor Code of the Russian Federation). At the same time, both the employee and the employer can initiate changes (Chapter 12 of the Labor Code of the Russian Federation). *

Registration of changes

When making changes to the employment contract, draw up a written agreement between the employee and the employer. The standard form of such a document is not established in the legislation. Therefore, the organization can draw it up in any form in the form of an additional agreement to the employment contract.*

This conclusion follows from Article 72 of the Labor Code of the Russian Federation and is confirmed by the letter of Rostrud dated November 20, 2006 No. 1904-6-1.

The supplementary agreement is an integral part of the employment contract. Therefore, make it in duplicate - one for each side. The fact that the employee received his copy of the supplementary agreement will confirm his signature on the copy of the employer. This conclusion allows us to draw part 1 of Article 67 of the Labor Code of the Russian Federation.

If the organization maintains a register of employment contracts, then record in it the issue to the employee of his copy of the additional agreement.

Ivan Shklovets,

Deputy Head

Federal Service for Labor and Employment

Normal working hours

The normal duration of the working week should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). In a week working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week (weekends - Saturday, Sunday).

The current working hours in the organization must be enshrined in the Labor Regulations and labor (collective) agreements (Article 91 of the Labor Code of the Russian Federation). *

Partial schedule at the request of the employee

The 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 some cases, the organization is obliged to establish such a regime for an employee. This must be done as requested:

pregnant woman;
one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
an employee who cares for a sick family member in accordance with a medical report.

This procedure is provided for in Article 93 of the Labor Code of the Russian Federation.

Nina Kovyazina,

Deputy director of the department

Education and human resources of the Ministry of Health of Russia

3. Situation: Can the general director of an LLC, appointed by the general meeting of participants, increase his salary by his own order

No, he can not.

The CEO of an organization has a dual status. He is both an employee in labor relations with the organization and the sole executive body of the organization (Article 40 of the Law of February 8, 1998 No. 14-FZ). As a leader, he decides all economic and managerial issues of the organization. As an employee, he is obliged to act within the framework of an employment contract and comply with the Labor Regulations (Article 275 of the Labor Code of the Russian Federation).*

The salary of the general director is a prerequisite 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 (Article 72 of the Labor Code of the Russian Federation). *

In an LLC, an employment contract on behalf of the organization must be signed by the one who chaired the general meeting of participants, where the general director was elected, or a member of the company who is authorized by the decision of the general meeting. Therefore, there are only two ways to increase the salary of the CEO:

At the general meeting of the members of the society. In this case, the protocol of the general meeting of participants will be the supporting document;
decision of an authorized member of the company. He can prescribe new conditions for the remuneration of the general director in an additional agreement to the employment contract. *

Nina Kovyazina,

Deputy Director of the Department of Education

and human resources of the Ministry of Health of Russia

The chief accountant and the head of the company are, first of all, status persons, thanks to which important decisions are made that ensure the normal functioning of the organization.

But at the same time, they are considered employees and are in an employment relationship with the employing company. Therefore, there are many questions about hiring such employees, issuing an order to take office as a general director, making entries in the manager's work book. Often there are questions related to the ability of the main persons of the company to work while on vacation, with the registration of the general director on a part-time basis, as well as with the setting of part-time work for the chief accountant

Who has the right to sign an agreement with the director

Very often, the founder of an LLC is not the head of the company, appointing another person to this place. The employment contract with the director of the company is signed by different persons, depending on the specific situation. If there is only one founder, then he himself is engaged in signing the contract and issuing an order on taking office as the general director. In the event that there are several founders, the issue of signing the document is decided collectively. The choice of a candidate for concluding an agreement is carried out at a meeting of members of the board of the company or founders. The company delegates the right to sign the contract to the selected person.

Employment contract with the general director of LLC - sample

According to Chapter 43 of the Labor Code of the Russian Federation, which regulates the activities of the main persons of the organization, the norms specified in it do not apply to the head, who is the sole founder of the company. From this it follows that the norms of the remaining chapters of the Labor Code of the Russian Federation apply in full to this person. 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 the leading position is both an employer and an employee. Because of this, a slightly absurd situation develops, when in theory the signing of a document is required, but in practice the conclusion of an agreement becomes impossible.

Opening a bank card is carried out in general order, registration in the tax office is carried out upon submission of constituent documents. For these operations, a part-time or full-time employment contract with the CEO is not required. The length of service of the head is considered from the moment of issuing the order on taking office of the general director.

According to Article 276 of the Labor Code of the Russian Federation, the head of the company does not have the right to be part of the bodies whose functions include control and supervision in this organization.

The first order of the head

Entering into his rights, the head first of all issues an order to assume the position of general director, a sample of which can be seen below.

Sample letter of intent to become CEO

Practice shows that in relation to the head, it is enough to issue only an order to take office as the general director, but this contradicts clause 2 of Art. 9 federal law dated November 21, 1996 No. 129-FZ “On Accounting”. The document states that all primary documents that serve as the basis for the production of accruals must have a unified form. Therefore, it is not superfluous to issue an order on unified form No. T-1, according to personnel. This document is designed to show the working conditions of the manager, it includes such items as the amount of salary and allowances, the nature of the work, its mode, and so on.

Sample entry in the work book of the general director

What should be written in the work book of the General Director

Organizations often enter into an employment contract with the head, which is accompanied by the signing of an order to assume the position of general director, for only 1 year. After this period, the question of further actions arises. If they want to renew an employment contract with the manager, you should first fire the person, and then hire him again. The new contract is urgent, a protocol with data on the decision of the meeting of founders must be submitted. On the basis of this protocol, an order is issued for the dismissal and hiring of the head. All these actions are reflected both in the personal card and in the work book of the general director on a part-time or full-time basis.

Sometimes a fixed-term contract with the manager expires, and the person continues to perform his job duties with the tacit consent of the founders. In such a situation, it is considered that the contract with him is concluded for an indefinite time, this is regulated by Part 4 of Art. 58 of the Labor Code of the Russian Federation. But at the same time, the company must take into account that the figure of the leader in this case becomes quite vulnerable, which may be in the hands of business partners. If they wish, they can say that the concluded transactions are signed by an unauthorized person, challenging them.

Difficult moments of labor relations with the CEO

Transfer of the General Director and Chief Accountant to a part-time job

Often, the head and chief accountant of the company are the founders of the LLC, being registered in the company as the main place of business. Reducing the volume of work may force the chief accountant and CEO to go part-time or part-time. If employees have a desire to avoid referring 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, which indicate whether there will be part-time days or weeks. In this case, remuneration is made in proportion to the amount of work performed or hours worked. At the same time, the chief accountant or general director part-time does not receive restrictions on the accrual of seniority, the duration of the paid annual leave and other labor rights.

It is impossible not to accrue wages to the head and chief accountant

Companies that have two employees, represented by a manager and a chief accountant, often ask about the possibility of not charging wages to their staff. And they do not see the point in the need to conclude an employment contract, issue an order to assume the position of general director. However, everything personnel documents and contracts must be properly executed, and wages accrued and paid. This is explained simply - the founders are employees of the company, who are in labor relations with it.

Registration of part-time general director

With regard to managers, not only the registration of the general director part-time, but also part-time work is practiced. If a person is on this moment 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 perform a number of operations. These changes will be reflected in the manager's work book. First, the head is fired from the first company and hired by the second, all this is done with the approval of the founders. The final stage of registration of a part-time general director part-time or full-time is the conclusion of an agreement on the terms of an external part-time job in the company from which he resigned. The last operation is reflected in the work book only at the request of the manager himself. According to Article 276 of the Labor Code of the Russian Federation, the head of the company can work part-time for another employer only with the permission of a person authorized by the owner, the owner of the property of the company or the authorized body of the legal entity.

The head can work remotely if it suits the founders

Sometimes the founders, who have the responsibilities of the company's leaders, carry out their work from another city, via the Internet. If all the founders are satisfied with this way of managing the organization, then the part-time or full-time CEO can work in this form legally. But in the statutory documents of the company or in its local acts for the head, this moment should be displayed, the possibility of working remotely is indicated.

To carry out financial transactions, the chief accountant must return from vacation

The chief accountant, who went on vacation without pay, has no right to transfer payments, as well as receive money by check. To carry out these operations, he must come out of vacation. Will the company receive a penalty for delaying wages during vacation at its own expense? If the company has two employees, represented by the manager and the accountant, went on vacation without saving pay during the period when the advance was issued, then the company may receive a fine. Since the day on which the advance is issued falls on a vacation, there is an automatic delay in wages. Indeed, article 136 of the Labor Code of the Russian Federation establishes that payments are made every half a month, at least. Violation of this entails liability under Article 5.27 of the Code of the Russian Federation on administrative offenses. Legal entities face a fine of up to 50 thousand rubles. But such a situation is possible only if the vacation is issued by an accountant or general director on a part-time or full-time basis for an incomplete calendar month, for example, from June 10 to 30, and an advance payment is made, for example, on June 25. If the leave at their own expense is issued for a full calendar month, from June 1 to June 30, then employees simply cannot claim any payments, and therefore there is no delay in wages.

Only the founding body can reduce the remuneration of a director

Only a body that concludes an employment contract with a person on behalf of the founders can reduce the wages of a part-time CEO or a full-time manager. The manager himself cannot do this. But a special body may also have the right to conduct such operations only if there are legal grounds for this.

Dismissal of the CEO of the company at his own request

There are only three reasons for the dismissal of the general director - the desire of the manager, the decision of the founding body and the expiration of the employment contract. When a situation arises when a company loses its owners, for example, due to their death, the manager is sometimes forced to resolve the issue with own dismissal. In the event that the term of the employment contract comes 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 take office of the General Director, but also an order to resign. In a situation where the term of the contract has not expired, and the person no longer wants to take a leadership position in the company, he should postpone his departure. He will be able to leave only after accepting the inheritance, determining the new composition of shareholders, the appearance of a person in whose name it will be possible to send a letter of resignation.

Question

Good afternoon.

Tell me, is it possible to hire the CEO (he is the only founder) part-time (part-time), if he does not currently have an official main place of work.

Thanks in advance

Answer

In accordance with Part 1 of Art. 276 of the Labor Code of the Russian Federation, the head of an organization may work part-time for another employer after obtaining permission from the authorized body of the legal entity, or the owner of the property of the organization at the main place of work of the head, or a person (body) authorized by the owner. But since in this case, the founder is the only one and he is also the general director, then he does not need permission.

Labor legislation also does not prohibit hiring the CEO for a part-time job at the main place of work.