Good afternoon The situation is as follows: the director wants to remain at his main place of work, but work 2 hours a day for 2-3 months. As I understand it, this can be done part-time. Should he write in his application to transfer him to part-time work the reason why he wants to do this? There are no children or sick relatives.

Thank you in advance!

Answer

Well, why is this piece of paper needed?

Really, what's the catch? What a decent director. Well, who cares what the catch is... he needs it.
The question was different - is it necessary to describe the basis in the statement why he wants it this way or not? Maybe he should just write that he asks to do him part-time work for 2 hours for 3 months? ukka, don't be offended. It’s just that at many enterprises the director is his own boss - he comes when he wants, so to speak, he works “in free flight.” I wonder who he asks to transfer him to part-time work? Whose name will the application be in? Article 93 says that by agreement between the employee and the employer, a part-time working day can be established. From him a statement with a request, from you - an additional agreement. I don't see any obstacles. ukka, of course he can set himself a part-time slave. Just don’t forget that Gene is not his own boss. I don’t know the form of your legal entity, but let’s say you have a Board of Directors. So, in order to establish part-time work, the Chairman of the Board of Directors must sign (i.e., also agree on) the DS on changing the work schedule.
And the gene goes on vacation when he is released. So let them decide for themselves. Thanks for the answers. I think that since there are no children or sick relatives, there is no need to write the reason. We indicate the reason if the employer does not have the right to refuse to set working hours in the presence of certain circumstances.
A statement like “I ask you to set me a part-time working day from... to... hour” indicating the date of establishment of working hours in the name of the person who signed the employment contract with him. I looked on the Internet - your company LLC. In accordance with Art. 40 Federal Law "On Limited Liability Companies" - either the chairman of the general meeting of the company's participants, or another participant authorized by the decision of the meeting, or, if the resolution of these issues falls within the competence of the board of directors (supervisory board) of the company, the chairman of the board of directors (supervisory board) of the company or a person authorized by a decision of the board of directors (supervisory board) of the company. The employer or you must also explain to the director the possibility of refusing to establish part-time work. Because the employer’s obligation arises in the presence of certain confirmed circumstances. n-gorska, thank you!
You can play split personality with the director, because... he is also the founder... the only one one person wants, the other refuses Based on discussion materials from site visitors

Today, the institution (library in a rural settlement) does not have a volume of work that could be offered to an employee working as a director full-time (the population of the rural settlement is small, the library is rarely visited). In addition, the institution is not sufficiently funded to pay this employee. It is currently unknown whether the employee agrees to the part-time transfer.

Is it possible to transfer the library director to 0.5 rates?

Having considered the issue, we came to the following conclusion:

By agreement between the employee and the employer, the employee (director) may be assigned a part-time working schedule. If an employee objects to the establishment of part-time working hours, and the grounds for introducing part-time work without his consent, provided for in Art. 74 of the Labor Code of the Russian Federation, no, then the employer does not have the right to change the terms of his employment contract by reducing the working hours of this employee.

Rationale for the conclusion:

First of all, we note that labor legislation does not define such a concept as a rate. Based on the meaning usually given to the term, working in a position during normal working hours is considered full-time work. Accordingly, if an employee works part-time, then it is assumed that he must work half of the normal working time, that is, work in this position part-time or part-time. Our opinion is indirectly confirmed in the letter of the Ministry of Labor of the Russian Federation and the Ministry of Science of the Russian Federation dated August 23, 1994 N 1623-RB “On the establishment of additional payments for the academic degrees of Doctor of Science and Candidate of Science.” Based on this, “transfer to 0.5 rates” means establishing part-time work for the employee.

From the point of view of labor legislation, the head - the sole executive body of an organization (legal entity) is an employee of this organization, who is subject to the norms of the Labor Code of the Russian Federation, including the norms of Chapter 16 of the Labor Code of the Russian Federation. According to part six of Art. 11 of the Labor Code of the Russian Federation, heads of organizations are considered as a separate category of workers, the features of the legal regulation of labor of which are established by Chapter 43 of the Labor Code of the Russian Federation. Yes, Art. 274 of the Labor Code of the Russian Federation provides that the rights and obligations of the head of an organization in the field of labor relations are determined by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of the organization, local regulations, employment contract. At the same time, neither the Labor Code of the Russian Federation, including the norms of Chapter 16 of the Labor Code of the Russian Federation, nor other federal laws and regulations contain any special provisions regulating the issue of establishing a part-time regime for the director of an institution.

Within the meaning of Art. 100, art. 57 of the Labor Code of the Russian Federation, working hours are a condition of the employment contract. Article 72 of the Labor Code of the Russian Federation provides that changes to the terms of an employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.

Article 93 of the Labor Code of the Russian Federation allows the establishment of a part-time working day (shift) or a part-time working week by agreement between the employee and the employer, both upon hiring and subsequently. Consequently, if the employee agrees to transfer to part-time work, the establishment of such a regime is possible. The corresponding changes must be formalized by a written agreement of the parties to amend (Article 72 of the Labor Code of the Russian Federation).

It is not necessary to issue an order establishing part-time work. However, on the basis of this agreement, in accordance with the office work rules adopted by the institution, it is possible to issue a corresponding order in free form. The fact of establishing part-time work is not reflected in the work book.

Regarding the unilateral establishment of a part-time working regime for the director of an institution, we note the following.

Article 74 of the Labor Code of the Russian Federation allows for the possibility of changing the terms of an employment contract (with the exception of the labor function) at the initiative of the employer in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved. At the same time, in accordance with part five of Art. 74 of the Labor Code of the Russian Federation, in the case where the reasons specified in part one of this article may lead to a massive massacre of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, introduce a part-time working day (shift) and (or) part-time working week for a period of up to six months.

In our opinion, this norm should be considered as special in relation to the norm of part one of Art. 74 of the Labor Code of the Russian Federation not only in terms of the procedure for changing the working hours, but also in terms of the relevant grounds. The given structure of Art. 74 of the Labor Code of the Russian Federation allows us to conclude that, in general, the legislator does not allow the possibility of reducing working hours even in the presence of organizational or technological working conditions. A corresponding change in working hours is possible only if the conditions specified in part five of Art. 74 of the Labor Code of the Russian Federation and only in the order given. This limitation of the employer’s right to change the terms of the employment contract in question also correlates with the established part of the second article. 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with work stipulated by the employment contract. It seems logical that in this regard, additional restrictions are established for the employer on his ability to change the terms of the employment contract on the nature and volume of work assigned to the employee (that is, the labor function and duration of working hours) in comparison with cases in which it is possible to change other conditions at the initiative of the employer employment contract.

Thus, we believe that a reduction in an employee’s working hours is possible only if two circumstances are simultaneously present:

Changes in organizational or technological working conditions (changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production);

Possible consequences as a result of changes carried out by the employer, such as mass layoffs of workers.

Similar criteria for assessing the possibility of establishing a part-time work schedule for an employee at the employer’s initiative are also proposed by the courts (appeal ruling of the Saratov Regional Court dated August 16, 2012 N 33-4570, decision of the Oktyabrsky District Court of Tomsk dated December 29, 2012 N 2-2133/2012).

This conclusion is indirectly confirmed by part six of Art. 74 of the Labor Code of the Russian Federation, according to which, if an employee refuses to continue working part-time (shift) and (or) part-time work week, the employment contract is terminated in accordance with clause 2 of part one of Art. 81 of the Labor Code of the Russian Federation with the provision of appropriate guarantees and compensation. Thus, although the above rule does not contain any reservations regarding the order in which the employee was offered to continue working part-time, if he refuses such work, the employee is subject to dismissal due to reduction. This also allows us to conclude that the legislator does not envisage any other possibility of introducing a part-time working regime, except to prevent mass layoffs of workers, that is, under part five of Art. 74 Labor Code of the Russian Federation.

The foregoing allows us to conclude that the employer can unilaterally change the terms of the employment contract on the duration of working hours only in the presence of the above-mentioned circumstances and only in the manner provided for in part five of Art. 74 Labor Code of the Russian Federation * (1).

If part-time work is planned to be permanent, the employer’s actions in such a situation do not meet the described criteria. In our opinion, in this case, changing the terms of the employment contract with the employee regarding the duration of working hours at the initiative of the employer is impossible. The employer has the right to change the employee’s working hours (transfer it from full time to 0.5) only with his consent.

So, if an employee objects to the establishment of part-time working hours, and the grounds for introducing part-time work without his consent, provided for in Art. 74 of the Labor Code of the Russian Federation, no, then the employer does not have the right to change the terms of his employment contract by reducing the working hours of this employee.

However, we draw your attention to the fact that this position is our expert opinion.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Tsezareva Tatyana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Sutulin Pavel

March 18, 2016

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.
*(1) According to paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation”, when introducing a part-time working day (shift) and (or) part-time working week, as well as when production is suspended, the employer is obliged to inform in writing about this to employment service authorities within three working days after making a decision to carry out the relevant activities. Within the meaning of this norm, the employer must notify the employment authority about the introduction of a part-time working regime when it is introduced at the initiative of the employer, that is, in accordance with Art. 74 Labor Code of the Russian Federation. If the part-time working regime is established by agreement between the employee and the employer in accordance with Art. 72 of the Labor Code of the Russian Federation, then it is not required to notify the employment service authorities (see letter of the Federal Service for Labor and Employment dated May 17, 2011 N 1329-6-1).

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. Consequently, the chief accountant can work part-time.

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

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

Also, a part-time director of a municipal unitary enterprise cannot be hired, since the heads of unitary enterprises do not have the right to engage in other paid work, both in commercial and budgetary 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 categories of citizens who cannot be hired part-time (minors; citizens who are hired to work with harmful and ( or) dangerous working conditions, if their main job involves the same conditions; prosecutors who are hired for work related to driving vehicles or controlling the movement of vehicles, if at their main place of work they perform the same job duties as judges; ) he can work part-time part-time with the permission of the authorized body of the legal entity or the owner of the organization’s property, or a person (body) authorized by the owner.

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

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

At the same time, it is better to indicate 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 be paid hourly. In this case, wages are calculated based on the number of hours actually worked in the pay period.

Irregular working hours are a special work regime, according to which individual employees may be involved in performing their work functions outside the established working hours, subject to a number of conditions.

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

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

When working part-time, the employee, in his free time from his main job, performs other work under a separate employment contract ( h. 1 tbsp. 282 TK RF). Part-time work can be done both at the place of your main job (internal part-time job) and in other organizations (external part-time job) ( h. 3 tbsp. 282 TK RF).

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

Who cannot be accepted part-time

Citizens belonging to the following categories cannot be hired for part-time work:

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

If an 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 for concluding an employment contract, excluding continuation of work).

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

As a rule, you can't.

The fact is that the heads of unitary enterprises do not have the right 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 one and the same person be the chief accountant in two organizations at the same time (in one - according to a 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.

Part-time work is when an employee performs other paid work in his free time from his main job. This concept is spelled out in Article 282 Labor Code of the Russian Federation. In this case, an employment contract must be concluded with the part-time worker, which indicates that the work is a part-time job.*

Situation: can the general director - the only founder (participant, shareholder) of a commercial organization - work externally?

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 city no. 22-2-3199 ). Consequently, such a person does not have an employment relationship with the organization in the generally accepted sense.*

Thus, the general director, who is also the sole founder of the organization, can get a job in another organization. Moreover, such work will not be considered an external part-time job, but will be his main job.*

Working hours

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

Restrictions on the duration of part-time working hours do not need to be observed if, at the employee’s main place of work:

suspended work due to delay in 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 Article 73 of the Labor Code of the Russian Federation;
is the head, his deputy, the chief accountant of the organization (separate division) and was removed for health reasons with retention of position in the case provided for part 4 Article 73 of the Labor Code of the Russian Federation.

On those days when an employee is busy at his main place of work, the daily duration of his part-time work cannot exceed four hours a day. A part-time worker can work more than four hours only on those days when he is not busy at his main place of work. For example, if an employee’s main place of work is not busy on any day, 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 required eight hours. In this case, the duration of part-time working hours for a month (another accounting period) should not exceed half of the standard working time 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 has been concluded, draw up The order of acceptance to work, and at the end of the procedure - personal card .

Example of registration for hiring an external part-time worker

E.V. Ivanova was accepted into the organization as a secretary on an external part-time basis ( employment contract).

The head of the organization issued an order to hire form no. T-1 and at the request of the employee issued certificate, confirming admission to part-time work. 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 Russian Ministry of Health

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

“Article 276. Part-time work of the head of an organization

A comment:

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

the possibility of managers abusing their powers contrary to the property interests of the owners of organizations;
the limited resource of a 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 and dependent legal entities. Therefore, the Labor Code of the Russian Federation (in Article 276) does not prohibit part-time work, but requires obtaining permission from the authorized body, the owner of the organization’s property, or a person (body) authorized by the owner.

Managers may be expressly prohibited from performing certain paid work. 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 state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities. He is prohibited from engaging in entrepreneurial activities, being a sole executive body or a member of a collegial executive body of a commercial organization, except in cases where this is part of the official duties of this manager. The head of a credit organization or 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 that are affiliated with the credit organization in which its head works , chief accountant, head of its branch.

The legislation on limited liability companies does not contain such restrictions. In this case, the norms of the Labor Code of the Russian Federation on the need for permission from property owners (participants) of the company to occupy paid positions in other organizations by the manager are applied.*

The head of the organization also cannot be a member of the bodies performing control functions. This is due to the need to separate powers between management and supervisory bodies. The manager, by virtue of his powers, exercises constant control over the functioning of the organization. The owners are interested in conducting periodic objective audits of the activities managed by the head of the organization to assess the effectiveness of the decisions he makes and the effectiveness of the manager’s activities. Likewise, members of the audit commission (auditor) of a company cannot simultaneously be members of the board of directors (supervisory board). 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 Russian Ministry of Health

4. Article: Solutions for five problematic situations with salary documents

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

We hire an employee for 0.4 rates - 2000 rubles. per month (full salary - 5000 rubles). How can we correctly draw up an employment order and staffing schedule? Previously, this position was not on staff.

Irregular working hours are a special work regime, according to which individual employees may be involved in performing their labor functions outside the established working hours, subject to a number of conditions (Article 101 of the Labor Code of the Russian Federation).

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

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

Sincerely,

Lyudmila Nosova, expert of the BSS "System Glavbukh".

Answer approved by Varvara Abramova,

leading expert of the BSS "System Glavbukh".

The chief accountant and the head of the company are, first of all, persons of status, thanks to whom 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, many questions arise about hiring such workers, issuing an order to assume the position of general director, and making entries in the manager’s work book. Questions often arise 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 establishment 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 position. An employment contract with a company director is signed by different persons, depending on the specific situation. If there is only one founder, then he himself is responsible for signing the agreement and issuing an order to assume the position of general director. In the case where there are several founders, the issue of signing the document is decided collectively. The selection of a candidate for concluding an agreement is carried out at a meeting of members of the board of directors of the company or founders. The company delegates the rights 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 manager who is the sole founder of the company. It follows from this 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 a managerial position is both an employer and an employee. Because of this, a slightly absurd situation arises when, in theory, signing a document is required, but in practice, concluding an agreement becomes impossible.

A bank card is opened in the general manner; registration at the tax office is carried out upon presentation of constituent documents. An employment contract with a part-time or full-time CEO is not required to conduct these operations. The manager's length of service is counted from the moment the order on assuming the position of the General Director is issued.

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

The leader's first order

Upon assuming his rights, the manager first of all issues an order to assume the position of the General Director, a sample of which can be seen below.

Sample order for assuming the position of General Director

Practice shows that in relation to the manager, it is enough to issue only an order to assume the position of the general director, but this contradicts paragraph 2 of Art. 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”. The document states that all primary documents serving as the basis for making accruals must have a unified form. Therefore, it is useful to issue an order in a unified form No. T-1 for personnel. This document is intended 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

Often, organizations enter into an employment contract with the manager, which is accompanied by the signing of an order to assume the position of the general director, for only 1 year. After this period, the question arises about further actions. If you want to renew your employment contract with your manager, you should first fire the person and then rehire him. The new agreement is urgent; a protocol must be submitted with data on the decision of the meeting of founders. Based on this protocol, an order is issued to dismiss and hire a manager. All these actions are reflected both in the personal card and in the work book of the general director, whether part-time or full-time.

Sometimes a fixed-term contract with a manager expires, and the person continues to perform his work 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 period of time; this is regulated by Part 4 of Art. 58 Labor Code of the Russian Federation. But the company must take into account that the figure of the leader in this case becomes quite vulnerable, which may be to the advantage of business partners. If they wish, they can say that the transactions concluded were signed by an unauthorized person, challenging them.

Difficult aspects of labor relations with the general director

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

Often the management and chief accountant of the company are the founders of the LLC, being registered in the company as the main place of business. A decrease in the volume of work may force the chief accountant and general director to move to part-time or part-time work. If workers want to avoid resorting to Article 74 of the Labor Code of the Russian Federation, they can resort to Article 93, which deals with part-time work. At the same time, additional agreements to employment contracts are drawn up, which indicate whether working days or weeks will be part-time. In this case, remuneration is made in proportion to the amount of work performed or time worked. At the same time, the chief accountant or part-time general director does not receive restrictions on the accrual of length of service, the duration of paid annual leave and other labor rights.

It is impossible not to pay wages to the manager 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 see no point in the need to conclude an employment contract or issue an order to assume the position of general director. However, all personnel documents and contracts must be properly executed, and wages accrued and paid. This can be explained simply - the founders are employees of the company who have an employment relationship with it.

Registration of part-time employment for the General Director

In relation to managers, the practice is not only to appoint a part-time general director, but also to work part-time. If a person currently works in one company, and the founders of the organization want to see him in a leadership position in another company, it is necessary to carry out a number of operations. These changes will be reflected in the manager’s work book. First, the manager resigns from the first company and is hired by the second, all this is done with the agreement of the founders. The final stage of registration for a part-time or full-time CEO is the conclusion of an agreement on the terms of external part-time work in the company from which he left. The last operation is reflected in the work book only at the request of the manager himself. According to Article 276 of the Labor Code of the Russian Federation, the head of a company can work part-time for another employer only with the permission of a person authorized by the owner, the owner of the company’s property or an authorized body of a legal entity.

The manager can work remotely if this suits the founders

Sometimes the founders, who have the responsibilities of company managers, 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 general director, part-time or full-time, can work in this form legally. But in the company’s statutory documents or in its local regulations, this point must be displayed for the manager, and the possibility of working remotely must be indicated.

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

A chief accountant who is on leave without pay does not have the right to transfer payments or receive money by check. To carry out these operations, he must return from vacation. Will the company receive a fine for late payment during vacation at its own expense? If two employees of a company, represented by a manager and an accountant, went on vacation without pay during the period when the advance was issued, the company may receive a fine. Since the day on which the advance is issued falls on vacation, there is an automatic delay in payment. After all, Article 136 of the Labor Code of the Russian Federation establishes that payments are made every half month, at least. Violation of this entails liability under Article 5.27 of the Code of the Russian Federation on Administrative Offences. Legal entities face a fine of up to 50 thousand rubles. But this situation is only possible 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 the advance is issued, for example, on June 25. If leave at your own expense is taken 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 payment.

Only the constituent body can reduce the director’s pay

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

Dismissal of the company's CEO at his own request

There are only three grounds for dismissing the general director - the desire of the manager, the decision of the constituent body and the expiration of the employment contract. If a situation arises when a company loses its owners, for example, due to their death, the manager is sometimes forced to resolve the issue of his own dismissal. If the term of the employment contract is coming to an end, the next day after its completion the manager may simply not go to work. He has the right to issue not only an order to assume the position of the general director, but also an order to resign. In a situation where the contract has not expired and the person no longer wants to occupy a leadership position in the company, he should postpone his departure. He will be able to leave only after accepting the inheritance, determining a new composition of shareholders, and the appearance of a person to whose name a letter of resignation can be sent.

The need to amend an employment contract arises in cases where the information or conditions contained in it change. The initiator of changes can be either an employee or 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. There is no standard form for such a document in the legislation. Therefore, the organization can draw it up in any form in the form of an additional agreement to the employment contract. An organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract. The CEO of an organization has a dual status. He is both an employee who has a labor relationship 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 resolves all economic and management issues of the organization. As an employee, he is obliged to act within the framework of the employment contract and comply with the Labor Regulations (Article 275 of the Labor Code of the Russian Federation). The general director's working hours are a mandatory condition of the employment contract. Such conditions can be changed only by agreement of the parties to the agreement (Article 72 of the Labor Code of the Russian Federation). In an LLC, the employment contract on behalf of the organization must be signed by the person who chaired the general meeting of participants, where the general director was elected, or by the company participant who is authorized by the decision of the general meeting.

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

Reasons for change

The need to amend an employment contract arises in cases where 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). In this case, the initiator of changes can be either an employee or an employer (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. There is no standard form for such a document 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 additional agreement is an integral part of the employment contract. Therefore, make it in two copies - one for each of the parties. The fact that the employee received his copy of the additional agreement will be confirmed by his signature on the employer’s copy. This conclusion allows us to draw part 1 of Article 67 of the Labor Code of the Russian Federation.

If the organization keeps a log of employment contracts, then record in it the issuance of a copy of the additional agreement to the employee.

Ivan Shklovets,

Deputy Head

Federal Service for Labor and Employment

Normal working hours

The normal length of the working week should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). During the 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 are Saturday and Sunday).

The working time regime in force 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

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

In 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) with a child under the age of 14 years (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 Russian Ministry of Health

3. Situation: Can the general director of an LLC, appointed to the position 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 who has a labor relationship 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 resolves all economic and management issues of the organization. As an employee, he is obliged to act within the framework of the 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 mandatory condition of the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation). Such conditions can be changed only by agreement of the parties to the agreement (Article 72 of the Labor Code of the Russian Federation).*

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

At the general meeting of society participants. The supporting document in this case will be the minutes of the general meeting of participants;
by decision of an authorized participant of the company. He can stipulate new conditions for remuneration of the general director in an additional agreement to the employment contract.*