Employment contract with part-time director. We register a part-time general director - details of concluding a contract, necessary documents

A person who is the general director of another organization is applying for the position of head of the commercial department. This candidate wants to fill a vacant part-time position. Him great experience work, so this applicant is interesting to the company’s management. However, a personnel specialist doubts whether the director can work part-time. Our experts have prepared a special answer to this question for readers of the portal.

Part-time work involves time restrictions

Part-time work is the performance of job duties under a separate employment contract in free time from the main job (Part 1 of Article 282 of the Labor Code of the Russian Federation). There are external and internal part-time jobs. In the first case, the employee works for different employers, and in the second, he combines work under separate employment contracts in one organization (with one individual entrepreneur) (Part 3 of Article 282 of the Labor Code of the Russian Federation).

The number of part-time jobs is not limited by current legislation. In fact, an employee can enter into employment contracts with an unlimited number of organizations (Part 2 of Article 282 of the Labor Code of the Russian Federation). The main thing is that general rule, the working hours for a part-time worker did not exceed 4 hours a day (Article 284 of the Labor Code of the Russian Federation).

Restrictions for directors

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 activities creative activity(clause 2 of article 21 Federal Law dated November 14, 2002 No. 161-FZ);
• security companies, in part civil 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 permission authorized body 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.

Several types of work activity may be different: lack of finances, a large number of free time, “staff shortage” of the organization. Not only ordinary employees have the right to combine various works. Sometimes, due to certain circumstances, even the CEO of a company must combine two positions. Is this legal and can a director work part-time – read below.

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 it, 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 for a manager to combine two positions, if one of them relates to state and municipal structures, such people do not have the 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.

How to transfer a director from his main job to a part-time job?

To transfer a director from his main job to a part-time job, you must proceed as follows:

• Carry out the procedure for dismissal from your main job.
• Make an appropriate entry in the work book.
• Hire a director for the same position that was previously in the main job.
• Draw up an order to assume the position of the head of the organization (sample).
• Hire a director for a part-time position, make an entry in the Labor Code about hiring a part-time position.

A director is not a simple hired employee, but a responsible person on whom many aspects of the organization’s activities depend. In this regard, there are some nuances of concluding an employment contract with a part-time director. Employment contract Must contain the following information on its pages:

• The date from which the part-time worker begins to fulfill his duties as a boss, and the period of validity of the employment contract.
• The amount of the director's salary and the time frame of his working day (must be indicated taking into account the main job).
• The degree of responsibility of the director to the organization, which is prescribed in a separate clause of the contract.
• Description of the work and rest schedule of the manager, which differs from the schedule of other employees.

A sample of the correct execution of an employment contract can be downloaded from this link.

In some cases, the general director is hired probation lasting up to six months. Important nuance: if he received his position through competition or as a result of elections, then a probationary period is not established.

or vice versa - He worked at his main job, and part-time at his company as a general director.

Here's what's on the Internet:

Work of the General Director in an organization on an external part-time basis

The head of the organization, like other employees, can work part-time. However, in accordance with Article 276 of the Labor Code of the Russian Federation, he can hold paid positions in other organizations only with the permission of the authorized body a legal entity, the owner of the organization’s property or a person (body) authorized by the owner. Therefore, in order to comply with the procedure, the head of the organization should submit a written request (application) to the authorized body of the legal entity with a request for permission to work part-time.

i.e. I ask you to allow me to work in the position general director part-time in the company Beta LLC.

signature and seal general LLC"alpha" (employee's main place of work)

Thus, a person who is the General Director of his company (he is also the founder) can work part-time in another company, including as a director.

Law on part-time work
According to the Labor Code of the Russian Federation, there are no restrictions on the number of jobs for citizens, therefore, if we have the desire and strength, any of us can work in at least 10 positions.
- If an employee carries out activities within the framework of several employment contracts, then one of them must be regulated by the norms as for the main place of work, while the remaining contracts must stipulate that the work is part-time (Article 282 of the Labor Code of the Russian Federation). In addition, the order for admission to service (form No. T-1) also necessarily indicates the nature of the upcoming “part-time” activity (post. State Statistics Committee of Russia dated January 5, 2004 No. 1).

Thus, the Labor Code prohibits working only as a part-time worker, as well as having several main jobs. First of all, this is due to the fact that an employee must have only one work book, and part-time employment can be indicated in it as a separate line. The entry is made by the main employer, according to supporting documents from another place of work regarding part-time employment (Article 66 of the Labor Code of the Russian Federation).

Traditionally, a distinction is made between internal part-time work (when an employee works under two or more employment contracts in one organization) and external (when an employee works in several organizations at once). In the first case, everything Required documents are already with the employer. Additionally, you may only need a diploma (copy) or other document on education or professional training confirming the employee’s competence in another profession.

If an employee gets a job at a new enterprise, then it is enough for him to have a passport or other identification document - a work book is not needed here. The employer also has the right to demand an education document or a certified copy thereof. And also, when hiring part-time work, as well as when applying for employment at the main place of duty, a certificate of state pension insurance is required.

There are certain restrictions on part-time work. For example, it is prohibited to work in several organizations at once if the working conditions in both are dangerous or harmful. Therefore, in accordance with Article 283 of the Labor Code of the Russian Federation, when hiring for heavy work, a part-time worker is required to present a certificate about the nature and conditions of work at the main place of duty. It is also prohibited to combine positions related to driving. Vehicle or control of their movement (Article 329 of the Labor Code of the Russian Federation).

Tax issue

When concluding an employment contract with a part-time worker, it is necessary to take into account that he is the same employee as the others and is subject to the norms of all local acts of the organization, including a probationary period (Article 70 of the Labor Code of the Russian Federation) and internal labor regulations, provisions on bonuses, disciplinary or full financial liability.

A part-time worker’s working hours should not exceed half working day main employee for the same period. The restrictions do not apply if the part-time worker at the “main” place of work has suspended labor activity, including due to delays in wages or suspended from service in accordance with a medical report (Articles 284, 142, 73 of the Labor Code of the Russian Federation).

Accordingly, a part-time worker can receive no more than half of the main employee’s payment for his work. Usually this is 40% of the main salary. At the same time, the employment contract indicates full salary with the proviso that the employee is hired on a part-time basis with payment in proportion to the time worked (Article 285 of the Labor Code of the Russian Federation). The order is issued in the same way.

But it should be noted that there are circumstances that make it possible to pay a part-time worker more than the established salary. The fact is that the Labor Code provides for the possibility of remunerating such an employee depending on output (Article 285 of the Labor Code of the Russian Federation). Thus, when establishing standardized tasks, it is possible to pay the full salary if the part-time worker completes the amount of work corresponding to the standard of the main employee. In this case, the amount of time spent on completing the work does not matter.

In the Question of taxation in in this case there are some nuances. Thus, a part-time worker can use the personal income tax benefit only at one of the enterprises. And if an employee writes an application for a benefit, it is quite legitimate to ask him to bring a certificate from his main place of work that he does not use this privilege there. And for internal part-time workers the object personal income tax taxes is formed from all POs.

Sick leave benefits are provided both at the main place of work and at a part-time job. Accordingly, the employee is issued several certificates of incapacity for work according to the number of places of work. The amount of temporary disability benefits cannot exceed a certain limit for each place of work. All employers also pay maternity benefits.

A part-time employee has the right to annual leave By the way, it is provided simultaneously with “vacations” from the main job. In this case, the employee must be released from work, even if 6 months have not passed. If the duration of rest at the main place of duty exceeds the leave in a part-time job, at an additional job the difference in days is provided with days off at one’s own expense. The part-time worker also has the right to receive compensation for unused “vacations”. And here study leave it is not provided for part-time workers, but if this is provided at the main job, in another organization the employee is allowed to take unpaid days off.

The term of the employment contract for part-time work is established by agreement of the parties. Article 59 of the Labor Code of the Russian Federation provides for the right of the parties to enter into trade agreements with part-time workers for a period of no more than 5 years.

Dismissal or transfer?

The transfer of an external part-time worker to the ranks of the main employees can be done in two ways. The first way involves registration through dismissal. In this case, the termination of the TD for part-time work is accompanied by the mandatory payment of compensation for unused vacations.

When concluding a new employment contract, it becomes possible to set a probationary period for the employee. Meanwhile, the employee is interrupted seniority, which means that the right to the next annual leave will appear only after 6 months continuous operation in company.

There is a second way. According to Rostrud specialists, if an employer transfers a part-time worker to full time, then it is not at all necessary to fire him first (letter from Rostrud dated October 22, 2007. No. 4299-6-1). You can simply make changes (indicate that the job is the main one, fix a new work schedule and other conditions) to the employment contract for part-time work.

At the same time, the wording introduced into work book The entry will depend on whether a note about part-time work has already been made in it or not. If yes, then following the record of dismissal from the previous main place of work, you should enter information about the new place of duty, specifying from what date the work in this position became the main one for this employee.

If a record of the period of part-time work was not made, then a note is made about the employment, indicating the time during which he worked as a part-time employee. At the same time, in column 2, the first day of part-time work is indicated as the date of admission to a new place, and in column 4, reference is made to 2 orders - about admission and that the activity in this company has become the main one.

Other options

In addition to part-time work, labor legislation also provides for the combination of positions. Along with the main duties, an employee may be assigned to perform additional work during the working day. For example it could be:

Combination of professions (positions). Classic examples- secretary-typist and plumber;

Expanding the service area or increasing the volume of work for the same profession (position). A more experienced employee can perform more work. For example, instead of one machine, service two;

Fulfilling the duties of a temporarily absent employee (work in both a different and the same profession).

In such cases, the employee combines the duties of two positions within the framework of the main working time and must receive an appropriate additional payment for this. The period during which the employee will perform the duties assigned to him, their content and scope is established by the employer with the written consent of the employee (Article 60.2 of the Labor Code of the Russian Federation).

But you need to understand that not all positions can be combined, and if a mechanic wants to work as a watchman in his free time, then he will have to conclude a separate employment contract and hire him as a part-time worker.

Calculation of length of service

Personnel officers calculate length of service according to entries in the work book: hired - fired. If during a given period a person still works part-time somewhere, then this period still falls within the same time frame. Thus, when calculating length of service, either one or another period of work is taken into account. It is impossible to take them into account together. According to Article 282 of the Labor Code of the Russian Federation, part-time work is additional income.

sources:

http://www.delo-press.ru/articles.php?n=7048

The article explains the intricacies of registering a part-time general director, tells how to issue a work book and personnel documents.

There are no restrictions in the law for registering a part-time general director. The manager can also hold other positions in the company - for example, be a founder.

Art. 276 of the Labor Code allows part-time work provided that the business owner has no objections.

Algorithm for hiring a part-time manager

First you need to accept documents from a specialist. Then a contract is drawn up job description. The documents are given to the part-time worker for signature, and the information is entered into the work book.

Important! You won’t have to decide how to draw up a contract when the director is sole founder at the enterprise. The manager himself carries out his appointment to the position.

If there are other managers at the enterprise, then you need to draw up a contract. The agreement is signed by a specialist and an authorized participant of the company.

When one year has passed, the contract must be terminated. Dismissal is made on the basis of Art. 77 Labor Code. Then the position is hired again. For this purpose, a protocol is drawn up, which indicates that the other founders have no objections.

If the contract with the hired employee is not renewed, then the extension labor relations carried out on indefinite term. The rule was approved by Part 4 of Art. 58 Labor Code of the Russian Federation. The question arises whether the CEO can work part-time and sign documents on behalf of the company if the procedure is not carried out properly. It is necessary to maintain order in order to minimize the risk of challenging transactions.

How to make a record in the workbook

The decision on whether to fill out the work book of the general director part-time depends on the decision of the manager. If he asks, the HR specialist must enter the information on the form.

Difficulties often arise with entering information because the sequence of filling out is disrupted.

The 4 subtleties of filling out a work book for a part-time general are as follows.

1. Data is entered only if there is an employee’s request expressed in writing.
2. The HR inspector at the main job has the right to fill out the form.
3. An order is issued for each entry.
4. It is required to fill out the form, even if the person first began performing duties and then asked to fill out the book.

Read also Correct design part-time employee work

Certification of records occurs at the main job. To complete the form, you need certificates from your second job.

The filling algorithm is regulated by Art. 66 of the Labor Code of the Russian Federation and the Instructions for filling out work books approved by Resolution of the Ministry of Labor No. 69.

How to place an order correctly

When the general director is hired part-time, the execution of the order has one nuance. The document is certified by a signature when the director is not the founder.

When an enterprise has several participants, it is accepted common decision about the appointment. Consent is documented in a protocol. The manager does not need to write a statement. The order serves as the basis for filling out the form.

Based on the order, information is entered into the form. Personnel records management is carried out in accordance with the requirements established by law.

Sometimes a director is appointed who assumes the responsibilities of the chief accountant. Managers can perform several functions - the law does not contain prohibitions in this regard. This combination must be indicated in accounting policy companies. It is also necessary to draw up a contract correctly and expand the manager’s responsibilities.

To draw up an order, form No. T-1 is used. The order and contract are signed by an authorized person. Additionally, one more order can be issued. The document confirms the fact that the manager took office.

How to make an additional payment when combining responsibilities within the company

The boss can combine several functions in the company. When duties are performed in free time, the duties are regulated by Chapter 44 of the Labor Code. If a person works in two companies, this is an external part-time job. Such work is regulated by Art. 60.1 of the Labor Code.

If a person performs several duties during the working day, this is a combination of positions. Such relations are regulated by Art. 60.2 Labor Code of the Russian Federation. You need to sign a contract agreeing on the working hours and payment procedure. You can also draw up an additional agreement and discuss important points.

When can you hire a part-time manager?

It is not always possible to appoint a part-time boss. For example, restrictions are set for government employees. Also, some directors sign a contract prohibiting work in leadership positions in other organizations.

So, the boss can perform additional job responsibilities, if the owner of the main place of employment agrees. Moreover, written permission will be required.

The rest of the registration procedure is carried out similarly with other employees.

The choice of part-time work may be associated both with the need for a higher level of income and with the desire to find an attractive field of activity. Many people, constantly searching for profitable employment options, choose extra work. Part-time work is a good option for gradual development new position or directions. It allows you to increase the level of professional training. This type of employment is available to almost all categories of persons (with rare exceptions, which are given in the article). Part-time work as a general director is also acceptable. Labor Code The Russian Federation (hereinafter referred to in the article as the Code) regulates the relationship between part-time workers and employers.

What you need to know about part-time work?

Carrying out regular paid work in your free time from your main activity is called part-time work. It comes in two types. External involves employment in a third-party organization. Internal – activities at the place of main work (appointment to an additional position with the conclusion of a separate contract). Part-time work is regarded by law as full-time employment (with reduced working hours), therefore the rights and compensations approved by labor law apply to this category of employees.

For part-time workers, the law establishes a working day of four hours. Exceeding this limit is only permitted in certain cases. For example, this is permissible if an employee is temporarily suspended from his main place of work or has suspended the performance of his duties (these points are regulated by parts 4 and 5 of Article 73, part 2 of Article 142 of the Code). But in addition to the daily limit, there is also a limit on the total amount of time worked for a certain period. So, in a month (or six months) part-time activities (in hours) should not exceed half the time spent at the main job.

At the employee’s request, a note about part-time work may be included in the work book. Right to indicate this information only the employer at the main job has. A mark made on additional work will be considered illegal. If an employee loses his main place of business and no entry was made, then only the next employer can make it.

How to register part-time workers?

The conclusion of an employment contract is mandatory. It is the main document regulating relations with the employee. All important aspects of labor relations are included in the contract: from the list of responsibilities to the procedure for calculating wages. It is also necessary to put a mark that the work performed is part-time. The employment contract must be drawn up in 2 copies. The employee and employer certify it with their signatures.

The general director can work part-time for another employer only if he has permission from the owner of the organization or the authorized body of the legal entity in accordance with Article 276 of the Code. To work, you also need to draw up a contract. At the same time, the manager does not have the right to exercise control and supervision functions. Article 57 of the Code sets out the basic information, the presence of which is mandatory in an employment contract. This includes:

• Full name of the employee and name of the organization;
• information about documents that identify the employee and the employer;
• place and date of conclusion of the contract;
• the position for which the employee is being hired;
• size and procedure for payment of wages;
• operating mode;
• possible compensations, bonuses, etc.;
• procedure for granting leave.

Additional data can be added to the employment contract that will reflect the specifics of the work performed. Registration of a part-time general director is carried out according to general principle. As stated above, an employment contract is concluded with all required information entered. Be sure to make a note that the employee is a part-time employee. Calculation of wages (various types of compensation or allowances) and vacation is carried out on the basis of a contract. At internal part-time job it is possible to conclude fixed-term contract. Both the employer and the employee have the right to initiate its registration.

The manager has the right to terminate a part-time contract that was concluded for an indefinite period. This can be done if a full-time (full-time) employee is hired for a part-time position. The employer must give the employee being dismissed two weeks' notice in writing.

Who does not have the right to combine different types of activities?

Despite the relative simplicity and clarity of registering an employee as a part-time worker, there are still some not fully disclosed aspects. One of them is the question: “Are there persons who are prohibited from performing part-time work?” Yes, the law clearly establishes the categories for which additional work is not permissible. These include:

• members of the Government (according to Article 11 of Law No. 2FKZ of December 17, 1997);
• members of the Board of Directors of the Central Bank of the Russian Federation (they are subject to a ban on holding positions as deputies of the State Duma or local self-government, including representative and legislative bodies of constituent entities; members of the Government or the Federation Council, civil servants - in accordance with Article 19 of Law No. 86-FZ of July 10, 2002) ;
• judges of various instances (Article 3 of Law No. 3132-1 of June 26, 1992);
• employees of the prosecutor's office (Article 4 of Law No. 2202-1 of January 17, 1992);
• civil servants (Article 17 of Law No. 79-FZ of July 27, 2004);
• minor citizens - persons under eighteen years of age;
• workers who carry out their activities in difficult and dangerous conditions, in hazardous industries (combining primary and additional activities in such conditions is not allowed).

Restrictions on carrying out additional activities apply only to the persons indicated above. This is due to the specific nature of the work they perform (except for minors). Other citizens have the right to get additional work. By law, the number of employers is not limited. Fixed time limits are established, which should not exceed four hours. The law provides quite broad opportunities for part-time workers. By and large, their rights and those of ordinary full-time employees are equal.

What do you need to know about leave for part-time workers?

Chapter 19 of the Code contains basic information on the provision and rules for calculating leave for employees performing work under employment contracts. And the effect of these articles also applies to part-time workers. First of all, they are provided with vacation, the duration of which cannot be less than 28 calendar days. The preservation of average earnings and jobs is guaranteed.

Provided at the same time as your main place of work. This is evidenced by Article 286 of the Code. If a situation arises when the duration of the main vacation exceeds the vacation from a part-time job by several days, it is possible to extend the latter. An employee has the right to request an increase in leave for the required period. Wage The added days are not saved. In addition to extending leave at an additional place of work, it is possible for employees who have held a position for less than six months to receive leave in advance.

Special conditions for regulating rest time apply to some categories. For medical and teaching workers, as well as persons performing dangerous or harmful activities, the law establishes a procedure for calculating vacations and their duration that differs from the general one. Let's look at the main options for these groups. If the activity medical workers is associated with the diagnosis and treatment of HIV-infected people, then in accordance with paragraph 4 of Decree No. 391 of April 3, 1996, they can take advantage of the right to extended leave. This opportunity is also provided for teaching staff (Article 334 of the Code).

Paid additional leave employees who perform their duties in the Far North have the right to receive. Its duration is 24 calendar days. In areas that are equivalent to the conditions of the Far North, it is equal to 16 calendar days. Employees who work in industries with dangerous, harmful or difficult conditions are also entitled to receive additional paid leave.

The activities of the general director on a part-time basis are regulated by Article 276 of the Code and Law No. 208-FZ of December 26, 1995. More precisely, they indicate that such work is acceptable for managers. As a rule, when registering a director, it is used general order which implies the conclusion of a contract. For all part-time workers, the law specifies uniform requirements that must be observed. The execution of the contract provides the employee with the guarantees provided for by labor law. He is important tool protecting the interests of the employee.