Can a CEO work part-time at their main job?

Can a CEO work part-time?

At the same time, in the employment contract the salary is indicated in full, that is, it does not need to be divided by half.

The payment is calculated in proportion to the time worked by the director. Those. in the employment contract you indicate the salary amount according to the staffing table, for example, 14,000 rubles. (full rate), rather than write 0.5 times the rate (RUB 7,000).

The condition on part-time pay (on the establishment of a part-time working regime) is reflected in the section of the employment contract on working hours.

It needs to specify the specific conditions of such a regime (establish a work schedule).

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For example, the work week is five days with two days off; reduction of the normal duration of daily work by four hours (when the employee is hired part-time); duration of the working week – 20 hours; opening hours – from 10-00 to 15-00; break for rest and food - from 12-00 to 13-00 hours.

Changing the work schedule at the initiative of the employee

Any person may have circumstances that do not allow him to devote 8 hours a day to work. If simply dismissal is too radical a decision, the Labor Code suggests a softer option: the opportunity to work part-time (Article 93 of the Labor Code of the Russian Federation). The transition to such a regime must occur by agreement of the parties. The employee must take the initiative by writing a statement. A sample application for a transfer of 0.5 wages at the employee’s initiative is given below.

Despite the fact that in standard cases it is necessary to obtain the consent of the employer in this matter, there are categories of workers whose request for part-time work cannot be refused. This:

pregnant women;
parents or guardians of children under 14 years of age;
caring for a sick relative (a medical report is intended to confirm this fact, in accordance with Order of the Ministry of Health and Social Development dated May 2, 2012 No. 441n).

How to register a general director for a half-time position?

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And what does “just a part-time worker” mean? The main place of work can only be one, and not full-time.

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Contents and terms of the employment contract for part-time employment

Attention

They also have the right to take paid sick leave and vacation at the established times;

legal time frame (that is, after six months worked;
the possibility of registering maternity and other citizens who, due to various circumstances, cannot work a full work week.

Dismissal and termination of the contract Termination follows the same rules as for full-time work.

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It is also necessary to remember that there are some situations in which you can leave quietly without working out: studying at an institute, illness of you or your relatives, moving to another city. In these cases, you must be released without any problems. The law stipulates that when writing a letter of resignation of his own free will, the employee must work for two weeks.

Is it possible for the director of an LLC to switch to part-time work?

Question from a reader of Clerk.Ru. Svetlana (Orel) Please tell me whether it is possible for the director of an LLC to switch to working part-time, if he is also the only founder of this LLC. If yes, then how to formalize it correctly? As I understand it, the question is about the head of the company.

In this case, the director cannot switch to working part-time, however, as well as work under an employment contract at full time or any other part of the salary, since an employment contract is not concluded with the general director - the sole founder.

Attention

On this issue, I will cite below Letter of the Federal Service for Labor and Employment dated December 28, 2006 No. 2262-6-1 “On formalizing labor relations with the director.”

Here I would also like to answer frequently asked questions regarding maintaining a work book for the general director, who is also the sole founder of this organization.

Part-time employment contract with the General Director

The main nuance is to write that it is signed with a part-time employee. It is not necessary to state that the work is performed part-time, because the agreement already provides for this feature, based on the name. Payment is made on the basis of time worked, regardless of the fact that the amount for the full rate is stated in the document.

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Registration of a part-time employment agreement is a rather complex issue for the HR department. However, there is nothing critical about this. Such an agreement is drawn up similarly to a regular contract and has a free form. However, this agreement specifies the number of working hours and days per week.

Can the CEO of an LLC work part-time?

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Reputation: 15 Registered: 06/26/2010 Messages: 299 From: Tambov Wednesday, March 02, 14:33, 2011 Message title: LETTER of the Federal Labor Service of the Russian Federation dated December 28, 2006 No. 2262-6-1 If the sole founder of a legal entity is also its director ( for example, the general director), then an employment contract with the general director as an employee is not concluded.

An employment contract is concluded between an employee and an employer.

In this situation, in relation to the general director, his employer is absent.

Order for part-time employment

An application can be drawn up if the employer has such a need, in other words, if the organization, due to some needs, has such a rule, then it is necessary to write an application. This document expresses a person’s personal desire to work part-time in an organization and serves as a convenient form for collecting visas. document. In the order, all available fields should be filled in, in particular, in the T-1 form the following must be entered: details of the organization; the date on which the person is hired, if the contract is fixed-term, then also indicate the date of termination of the employment contract; information about the person who is hired organization; place of work and part-time position; conditions

The organization has a small amount of work, is it possible to transfer the director to 0.5 rates?

Important

According to Art. 66 of the Labor Code of the Russian Federation, a work book is a document that, in the prescribed form, reflects information about the employee’s work activity and his length of service.

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with..." the Labor Code of the Russian Federation.

FEDERAL SERVICE FOR LABOR AND EMPLOYMENT LETTER dated December 28, 2006 No. 2262-6-1 On registration of labor relations with the director The Legal Department of the Federal Service for Labor and Employment considered the appeal dated December 2, 2006 No. 34-12.

Mikhail Dorokhov

In what cases is it issued?

Part-time work involves performing the duties assigned to the employee during fewer hours.

Here it is important not to confuse part-time work (part-time work) and shortened working hours, since in the first case the transfer is made according to the free will of both parties, and in the second, the employee is obliged to submit to the will of the manager.

Most often this is caused by objective circumstances (introduction of new software, financial difficulties, changes in the specifics of work, and so on).

A part-time contract can be drawn up in the following cases:

At the request of the employee and the consent of the employer.
In the event of pregnancy of an employee, who in this case enjoys the rights according to Art. 93 part 1 of the Labor Code of Russia.
If the employee, as a single mother, is raising a child under 14 years of age or has a disabled child under 18 years of age.
When an employee is officially caring for a sick relative, which is confirmed by a medical report from a medical institution.

Questions on the topic: Can the CEO work part-time at his main place of work?

By Andrey Zvantsev / March 18th, 2021 / Family law / No Comments

But a special body may have the right to conduct such operations only if there are legal grounds for doing so. Dismissal of the general director of a company at his own request There are only three grounds for dismissal of 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.

We issue an order for employment

It doesn’t matter whether you are making an order for the chief accountant, general director or a simple mechanic, the filling procedure will be the same. All information is recorded exclusively in the wording specified in the employment contract.

Each organization has its own document registration system: some automatically register in electronic programs, others do it manually on paper.

Regardless of the registration method, we recommend that you adhere to the following rules:

details of employment orders and details of employment contracts must be the same, this will avoid confusion and unnecessary bureaucracy. In addition, this does not contradict current legislation;
After assigning the necessary details, we sign the order (hiring) with the head of the organization.

The employee must be familiarized with the document confirming the start of his employment with this employer within the first three calendar days.

Can a CEO work part-time?

Registration of part-time work for the general director For managers, not only the registration of a part-time general director, but also part-time work is practiced.

Attention

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.

Important

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.

Reduced working hours upon hiring

Already at the hiring stage, when drawing up a contract, reduced working hours may be stipulated.

Shortened working hours are mandatory for employees:

no older than sixteen - they are entitled to no more than 24 hours a week;
from sixteen to eighteen - maximum 35 hours per week;
disabled people of group I or II - no more than 35 hours per week;
whose conditions are classified as hazardous conditions or harmful conditions of 3 or 4 degrees - a maximum of 36 hours per week.

How to register a general director for a half-time position?

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.

A bank card is opened in the general manner; registration at the tax office is carried out upon presentation of constituent documents.

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The manager's length of service is counted from the moment the order on assuming the position of the General Director is issued.

Dealing with external part-time workers

Sample order on assuming the position of the General Director. Practice shows that in relation to the manager, it is enough to issue only an order on assuming 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”.

Working part-time gives many people the opportunity to get a second specialty without compromising their work. As a result, a person gains freedom of action. If in his youth he received a specialty for a good salary, then over the years there is a desire to devote himself to creative impulses. What can be successfully implemented at a part-time job. Or, if this is his only work, then the employee chooses it for reasons of more free time, for example, for family and children. The downside of this job is most likely the pay.

Many students studying at universities on an evening or part-time basis will prefer to work part-time. They use the freed hours to master educational material.

Taxes and law

To carry out financial transactions, the chief accountant must return from vacation. A chief accountant who has gone on vacation without pay does not have the right to make transfers of payments, nor to 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. After all, Article 136 of the Labor Code of the Russian Federation establishes that payments are made every half month, at least.

Arikaz about employment using form T-1

In this case, the document must be signed by the manager.

When filling out the order, you must indicate the following information: the full name of the organization.

This paragraph indicates the name in which the organization is registered.

The use of abbreviations is prohibited. Also, this paragraph does not indicate the details of the official who is involved in drawing up the document; about the position for which the person is being hired. Its name must fully correspond to what is indicated in the staffing table and work book of the hired employee.

Abbreviations are not allowed; about the full name of the department in which the person will work; on the date of termination of the employment contract.

If a fixed-term contract was signed with a person or during the absence of the main employee, then the exact date when the dismissal will take place is indicated.

In other situations, it is necessary to rely on specific circumstances, for example, an employment contract can be terminated after a particular person returns to work; about the employee's full name.

Part-time General Director at main place of work

Difficult aspects of labor relations with the general director Transfer of the general director and chief accountant to part-time work Often the manager 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.

Part-time order: sample

If conditions for reducing working hours are introduced after hiring, such a change must be reflected in the agreement between the parties to the employment relationship. Based on such an agreement, the manager must issue an order.

There is no standard form for such an order. Therefore, the employer develops it independently.

The text of this order must contain:

name of the organization (in accordance with the company charter);
name and number of the order;
date of the order;
legal basis (based on which article of the Labor Code);
the essence of the order (exactly what length of the day is established, time for rest and food, etc.).

The employee whose working hours change must be familiarized with the order against signature.

order establishing part-time work

Part-time general director - is it possible to formalize a manager like this?

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 accrue wages to the manager and chief accountant. Companies that have two employees represented by the manager and the chief accountant often ask about the possibility of not accruing 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 the 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.

From the Labor Code of the Russian Federation

The head of an organization cannot be a member of the bodies performing the functions of supervision and control in this organization.

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.

Article 276

Working day – 2 hours; start of work at 13.00, end of work at 15.00, break for food and rest from 13.30 to 14.00." Also, the additional agreement must reflect new conditions for remuneration. At the same time, indicate the employee’s salary in the additional agreement in full (for a full rate), and it must be indicated that the salary is calculated for the time actually worked (for example, Clause 4 of the agreement should be stated as follows: “The employee has a monthly salary of 50,000 rub.

Salaries are calculated depending on the amount of time worked." For a sample additional agreement, see

below in the text. On behalf of the employer, such an additional agreement is signed by the chairman of such a general meeting or a representative authorized by such a meeting. 3. Draw up an order in free form to establish part-time working hours for the director, which also reflects the conditions for changing the work schedule and remuneration.

The most common option is an eight-hour working day with a five-day working week with days off on Saturday and Sunday.

The working time regime in force in the organization must be enshrined in and or contracts (). In addition to the normal working hours, labor legislation provides for a regime. Part-time means that an employee works part-time, either during the week or during the work day or shift.

For example, not five working days, but four, or not eight hours per shift, but six. Part-time work should be distinguished from. The latter is established for individuals and is counted as a full labor standard ().

It is essentially no lower - the minimum is 12 thousand rubles, for the general.

Salary taxes will also be calculated from the same amount.

Information about part-time work is included in the terms of the employment contract, and is also recorded in the employment order. 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.

Info

The entry must contain:

LLC name;
date of assumption of position and its full name;
information about the document that served as the basis for hiring a new employee.

Notification of the tax service Notification of the tax service is carried out by submitting an application for amendments to the Unified State Register of Legal Entities. The document is signed by the director. Note! The tax authority must be notified no later than 3 days from the moment the new manager is hired.

Important

For example, not five working days, but four, or not eight hours a day (per shift), but six. Part-time working hours should be distinguished from short-time working hours.

The latter is established for certain categories of employees and is counted as a full labor standard (Article 92 of the Labor Code of the Russian Federation). If we are talking about a part-time working week, all non-working days in this case are reflected as days off (Art.

We suggest you read: Vacation days fall on holidays: are they transferred{q}

93 Labor Code of the Russian Federation). Categories of employees 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. Moreover, in some cases, the administration is obliged to establish such a regime for an employee. This must be done upon request: This procedure is provided for in Article 93 of the Labor Code of the Russian Federation. In addition, an organization can introduce part-time work on its own initiative.

Then the condition about this must be specified in the employment contract with him (Article 57 of the Labor Code of the Russian Federation). In addition, the duration of part-time work must be indicated in the order for hiring the employee;

to a long-time employee by drawing up an additional agreement to his employment contract.

Let us note that for some categories of employees, at their request, the employer is obliged to establish a part-time working schedule, for example, pregnant women. And for those who are not included in special categories, such a regime is established by agreement between the employee and the employer.

This document contains information about the terms of reference of the employee, his rights and obligations, the amount of salary and liability that may arise in the event of failure to fulfill the obligations stipulated by the agreement, as well as the internal rules. The rule also applies to cases of appointment of a director.

Important! According to the Labor Code of the Russian Federation, the duration of the trial period cannot be more than 6 months. The exception is cases when the registration of the general director occurs by transfer.

A probationary period is not established for such employees. When calculating the test period, the following periods are not taken into account:

period of illness;
being registered with the military;
implementation of public events;
absence of an employee from the workplace for other reasons.

Important! In accordance with the law, work performed by a candidate for a position during the probationary period is subject to payment on a general basis.

How to register a part-time director Employment of a manager for part-time work is possible if the new employer agrees to this. Question: How to correctly transfer the general director to 0.2 rates of 8 hours of work per week. a new schedule has been drawn up. in the employment contract, in the remuneration section, the salary is at the full rate and it is more precise that “payment is made in proportion to the time worked.”

Which sections of the employment contract should be amended and what should be the wording? Answer Answer to question: As we understand from your question, you want to transfer the director to part-time work. In addition to normal working hours, labor legislation provides for part-time working hours.

Part-time work means part-time employment of an employee either during the week or during the working day (shift). Federal Law “On Limited Liability Companies” - either the chairman of the general meeting of participants of the company, or another participant authorized by the decision of the meeting, or, if the resolution of these issues is 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.

And the employer or you must 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...Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia 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 hours regime in force in the organization must be enshrined in the Labor Regulations and labor (collective) agreements (Art.