Sample employment contract for part-time employment with the founding director

Is it necessary to conclude if he is the only participant in the LLC?

You can often notice a phenomenon in which the CEO of a company is its sole founder. This situation is considered standard and should not raise unnecessary questions.

First of all, it should be noted that the general director, who simultaneously acts as the sole founder of the company, is a full participant in labor relations. He is subject to the same rules that apply to ordinary specialists.

It is quite difficult to find a clear answer to the question regarding the need to draw up an employment contract with the director. After analyzing the regulatory documentation, we can conclude that it is still necessary to conclude an agreement.

If a labor inspector, when checking the activities of a company, reveals that there is no contract with the general director, who is the sole founder, he can bring the manager to administrative liability.

This rule is regulated by Art. 5.27 Code of Administrative Offenses of the Russian Federation.

At the same time, specialists from Rostrud and the Ministry of Finance believe that it is not necessary to conclude an agreement.

Who signs?

The topic of regulating the activities of the head of an organization is covered in detail in the Labor Code of the Russian Federation. An entire chapter is dedicated to this issue, number 43.

With all of the above, it is important to take into account that, according to Article 273 of the Labor Code of the Russian Federation, Chapter 43 of the Labor Code of the Russian Federation contains points that do not apply to employers who simultaneously act as the sole founders of the company.

In the legislative acts in force on the territory of the Russian Federation you can find information according to which an agreement concluded with oneself is invalid. In the case of a general director who is also the founder of the company, this rule does not apply.

The employment agreement must be formalized accordingly. It must contain the signatures of both parties - both the employer and the employee. In a situation where the employer and employee are the same person, the document is signed only by him.

In other words, the sole founder, when applying for the position of general director, enters into an employment contract with himself.

If the manager is one of the founders

If the general director of an enterprise is one of its founders, an employment agreement must be concluded with him. The need of this nature is reflected in Article 16 of the Labor Code of the Russian Federation.

In a situation where the company has several founders, the contract with the general director must be concluded for a certain period. A certain period of time is indicated directly in the agreement itself, and is also reflected in the constituent documentation, for example, in the Charter of the company.

The execution of an employment contract with the general director is preceded by a mandatory procedure. This is the adoption of an appropriate decision. Its features depend on the legal form of the company.

If the company has LLC status, the decision to appoint the founder to the position of general director is made at a meeting of the founders. In the case of a joint stock company, such a decision is made at a meeting of shareholders.

The General Director is appointed to the position in accordance with a decision, which is documented as a corresponding protocol.

The employment contract must make reference to this document. The rest of the information in the agreement is entered according to the standard scheme.

Signing procedure

The employment agreement must be signed by two parties - the employee and the employer. Who acts as the employer if one of the owners of the company is appointed general director?

The labor legislation of the Russian Federation defines a list of persons whose signature in an employment contract can act as the signature of the employer. This list includes:

• head of the founders' meeting;
• a person appointed by the authorized meeting of founders.

It should be noted that the head of the meeting of owners may be the founder himself, appointed to the position of chief director. This action is not prohibited by regulatory documentation, therefore it is considered completely legal.

If the company has several founders, the rules of Chapter 43 of the Labor Code of the Russian Federation apply to the agreement drawn up with the general director, who is also one of the owners. In cases where the director is the sole owner, this rule does not apply.

Can the director of an LLC work part-time in another company?

To prepare documents for LLC registration, you can use the free online service directly on our website. With its help, you can create a package of documents that meets all requirements for completion and legislation of the Russian Federation.

The CEO is the most important person in an LLC. It is he who manages the current activities and conducts transactions on behalf of the company. Of course, a manager must act only in the interests of his company. In this regard, the question arises: “Can the CEO work part-time?”

What is part-time work

But before you figure out whether the general director has the right to act part-time, you need to understand the very essence of this personnel term. Because it is often confused with another similar concept - “combination”. We have collected the main differences between part-time and combination jobs in the table.

Part-time Part-time Part-time

As can be seen from the table, combination does not involve working for another employer. For example, the general director can combine his position with responsibilities for accounting or personnel registration. In this case, he receives an additional certain amount to his basic salary.

Working part-time is a completely different matter. How it is formalized depends on the type of part-time job: internal or external.

In the first case, the general director enters into an employment relationship with only one employer, holding an additional position.

In the second, after finishing the working day at his main job, he begins to perform work duties for another employer.

In both cases, the time of additional part-time work should not exceed 4 hours a day. For example, if the working time at the main job is 8 hours, then the total temporary workload should not exceed 12 hours per day.

In addition, it is allowed to involve a part-time worker in overtime work. But even here there are restrictions established by the Labor Code. The overtime work rate should not exceed 4 hours for two consecutive days, but not more than 120 hours per year.

Possible conflict of interest

Whether the CEO can work part-time depends on the consent of his employer. This norm is contained in Article 276 of the Labor Code of the Russian Federation.

“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.”

As follows from this article, the employer’s consent is required only for external part-time work. The reason for this requirement is clear. If the CEO works in several companies at once, a conflict of interest may arise between them.

In judicial practice, there are many cases in which the head of an LLC acted in the interests of another organization where he worked part-time. For example, he entered into a lease agreement at obviously inflated rates. Or he sent employees of the first organization to expensive training at the company where he managed an educational center.

In addition, the LLC director must make the most of his skills and knowledge to ensure the successful operation of the organization he leads. And part-time activities as an employee, who spend additional time and resources, reduce his effectiveness.

On the other hand, part-time work of the general director in friendly organizations (for example, subsidiaries, affiliates, affiliates) may be required precisely in the interests of the main employer. That is why the law does not prohibit dual management, but leaves this issue to the discretion of business owners.

But if necessary, LLC participants can introduce into the charter a complete ban on concurrent directors. To a certain extent, this infringes on the manager’s labor rights, but the law does not prohibit this possibility.

If the head of the organization is the only participant in the company, then the requirement to obtain consent for part-time work does not apply to him (Article 273 of the Labor Code of the Russian Federation).

Employment contract with part-time director

So, we have figured out the situation when an employee is already the head of an LLC. In order to occupy any position (not necessarily a managerial one) in another organization on an external part-time basis, he must obtain the consent of the first employer. There is no official form for such consent, so it is drawn up in free form.

But often another situation arises - a person works in an organization in a non-managerial position and receives an offer to become a director in another company. In this case, the law does not make an exception for obtaining the employer’s consent.

That is, if the future CEO wants to continue working in his previous job, he must obtain consent from his new employer to do so. If consent is not given, you will have to quit your first job.

How to properly draw up an employment contract with a part-time general director? In principle, such an agreement differs little from a regular agreement with a manager. You just need to make a reservation that this work is part-time.

Employment contract with part-time general director ()

Source: https://www.malyi-biznes.ru/oformlenie-kadrov/mozhet-li-generalniy-direktor-rabotat-po-sovmestitelstvu/

Terms and contents

When concluding an employment contract with the general director, you do not need to adhere to any generally accepted form. It is important to consider that the main conditions for document execution are the availability of relevant information and signatures of the responsible parties.

The agreement must necessarily reflect the following points:

• full name of the company;
• date and place of conclusion of the agreement;
• type and type of agreement, its name;
• details of the parties to the employment contract;
• employee's initials;
• date of the first working day;
• document on the basis of which the founder is appointed to the position of general director;
• subject of the contract;
• rights and responsibilities of the chief executive;
• rights and obligations of the employer;
• terms of payment for the employee’s work;
• work schedule and rest schedule of the manager;
• features of work activity;
• period of validity of this document;
• technology of financial responsibility;
• benefits, privileges and compensation provided to the general director;
• rules for the use of company property;
• other conditions relating to labor relations and features of the production process;
• signatures of responsible persons.

Extract from the employment contract with the director: what to pay attention to

In the section “Subject of the employment contract”, as a rule, the duration of the agreement is indicated, as well as the rationale for concluding a fixed-term contract.

“Based on Art. 59 of the Labor Code of the Russian Federation, by agreement of the parties, this agreement was concluded for 3 years. The contract period is from 03/17/2017 to 03/17/2020.”

The relevant part of the employment contract with the director of the LLC should not include a period exceeding 5 years. The fact is that the sole executive body of an LLC cannot function indefinitely, while the maximum duration of a fixed-term contract is 5 years (clause 2 of Article 58 of the Labor Code of the Russian Federation).

1. After concluding a contract, the employee undergoes a test in order to confirm the level of qualifications necessary to perform the duties of the position held.

2. The employee's probationary period is 120 days.

3. Upon expiration of the employee’s probationary period, as well as in the absence of intentions on the part of the employer or employee to carry out the actions provided for in Art. 71 of the Labor Code of the Russian Federation, the test is considered passed.

In the “Other Conditions” section, it is advisable to include language establishing the director’s obligations to ensure the confidentiality of the information that he receives in the course of his official activities.

They may sound like this: The employee is obliged to prevent the disclosure of confidential information and secrets protected by law, to which he acquires access in the course of his employment.

conclusions

The CEO of a company is a leadership position that can be held by either an ordinary employee or the founder of the company. The situation in which the manager is also the sole owner of the enterprise is no exception.

The legislative documentation does not contain clear information regarding the need to draw up an employment agreement with the director, who is the sole founder of the company. Despite this, experts recommend drawing up an agreement in all cases, because having a document will help avoid a number of issues.

If the general director is the owner of the enterprise, he signs the agreement for both the employee and the employer. If there are several founders, the chairman of their meeting puts his signature as the employer in the agreement.

The article describes typical situations. To solve your problem , write to our consultant or call for free:

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Salary

The legislation states that payment for work in the situation under consideration is made according to how much time the citizen has worked. At the same time, there is a time limit, no more than 4 hours per day.

The amount of payment is drawn up according to the principle of equality; no restrictions or superiorities are established. This indicates that directors have the right to receive additional payments and preferences, which are prescribed by law.

Due to the fact that working time cannot be more than half of the standard developed by the legislator, the salary amount is set in proportion. It cannot be more than half of what it is at the main place of work. In a situation where the company applies bonus provisions, they apply to the part-time worker in full.

The need to draw up an employment agreement can be determined depending on what position a citizen has, depending on the company and place of work. These provisions apply to additional work.

It is necessary to take into account who the person is, an employee or an owner. If a citizen does not act as an owner and works for earnings, it is better for him to demand an employment contract.

Legal regulation of part-time work for heads of organizations

Part-time work as a type of relationship arising as a result of signing an employment contract is regulated by the Labor Code of the Russian Federation. Art. 60.1 of the Labor Code of the Russian Federation declares the right of an employee, in addition to his main position, to perform additional job duties, but outside the main working day. This type of employment is called part-time employment.

The specifics of performing part-time job duties are regulated by Ch. 44 Labor Code of the Russian Federation. At the same time, the current labor legislation does not prohibit part-time work: any employee can draw up employment contracts with an unlimited number of employers (Article 282 of the Labor Code of the Russian Federation). Consequently, the general director, like any other employee, may have additional job responsibilities while working part-time.

However, the legal status of the organization's leaders is regulated by the Labor Code in a special manner. Art. 276 of the Labor Code of the Russian Federation confirms the possibility for the general director to have more than one place of work, but introduces the following condition - part-time work for the director is possible only with the permission of the general meeting of the founders (participants) of the organization. The minutes of the meeting, containing the decision to hire a part-time director, implements the licensing procedure described in Art. 276 Labor Code of the Russian Federation.

Part-time work: general provisions. Difference from combination

Art. 60.1 of the Labor Code of the Russian Federation establishes a general rule: any employee can work simultaneously for several employers, while one job will be considered the main one, and the other (in which the employee is in the period of time free from his main employment) will be considered a part-time job.

Such an employee will have at least 2 employment contracts, but there may be more - there is no limit on their number.

There are 2 types of part-time jobs:

• internal (when an employee holds 2 or more positions with 1 employer);
• external (when an employee works for 2 or more employers).

Combination should be distinguished from part-time work (Article 60.2 of the Labor Code of the Russian Federation). Part-time work is also the performance of other work (along with the main one), for which the employee receives payment. However, when combined:

• we are always talking about performing a labor function for only 1 employer;
• a separate employment contract is not concluded (an additional agreement to the current one is concluded or an order is simply issued to assign additional responsibilities to the employee);
• the employee is not released from work (i.e., performs it in parallel with the main one).

General Director - can he work part-time or not?

The head of the organization with whom an employment contract has been concluded (his position can be called differently - director, general director, president, etc.) has a special status compared to other employees. Can general directors work part-time ?

A separate chapter of the Labor Code of the Russian Federation is devoted to the regulation of the labor of managers, which contains exceptions to the general rules. It also stipulates rules limiting the ability of a manager - including the general director - to work part-time (Article 176 of the Labor Code of the Russian Federation).

The first restriction concerns external part-time work: the manager is prohibited from engaging in it unless there is special permission from one of the following entities:

• authorized body of the organization;
• owner of the company's property;
• person authorized by such owner.

Expert opinion

Volkov Georgy Tarasovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

This restriction is aimed at protecting the interests of the company, because its owners must have confidence that the director’s “outside” work will not cause damage to the company or reduce the efficiency of its management.

Part-time internal director job

The second limitation concerns the part-time work of the general director of an internal nature. Thus, he is prohibited from being a member of the bodies that perform control and supervisory functions in the company.

The purpose of such a ban is quite obvious - to ensure the independence of these bodies, the possibility of them establishing facts of dishonest performance by the director of his duties.

IMPORTANT! Both restrictions do not apply to managers who are at the same time the only participant in the organization (Part 3 of Article 173 of the Labor Code of the Russian Federation).

The Labor Code does not contain any restrictions on combining positions with respect to managers.

Permission to work part-time. Can a director of an LLC or municipal unitary enterprise work part-time?

The law does not contain a procedure for issuing permission to a director to work part-time. It seems that the most correct option would be to consolidate such a procedure in the charter and/or employment contract of the manager.

Owners of private companies can not only refuse to issue such permits, but also stipulate in the charter a complete ban on holding multiple positions as a manager. As a consequence of violating this prohibition, it is permissible to provide for disciplinary action, including in the form of dismissal under clause 10, part 1, art. 81 Labor Code of the Russian Federation.

In some cases, the charters provide for exceptions: for example, a director is allowed to join the management bodies of other organizations if this ensures the interests of his employer (for example, the management bodies of subsidiaries).

It is worth noting that for some organizational and legal forms the legislation already provides for some restrictions on the combination of managers:

1. In municipal unitary enterprises, the manager is generally prohibited from engaging in any other paid activity (clause 2 of Article 21 of the Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 No. 161-FZ). This should also be regarded as a ban on part-time work (since it always involves payment). The exception is engaging in scientific, creative and pedagogical activities.
2. In relation to joint stock companies (clause 3 of Article 69 of the Law “On Joint-Stock Companies” dated December 26, 1995 No. 208-FZ), the entity that issues permission to the manager to occupy positions in the management bodies of other companies is specified: it can only be the supervisory board (board of directors ).

There are no such rules in the legislation on LLCs, so their managers can engage in external part-time work if the requirements of Art. 276 Labor Code of the Russian Federation.

How to register a part-time general director? Composition of required documents

Expert opinion

Volkov Georgy Tarasovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Registration of a person holding the post of head of an organization for part-time work is a standard procedure. It is necessary to follow the rules established by Chapter. 44 Labor Code of the Russian Federation.

Art. 283 of the Code establishes a shortened list of documents required for obtaining a part-time job:

• identification document;
• a document confirming receipt of education (if the work requires special knowledge, it is also possible to submit certified copies);
• a certificate indicating the conditions and nature of work at the main job (but only in cases where part-time work involves dangerous or harmful working conditions).

As you can see, among these documents there are no certificates from the main job containing information about the applicant’s position. At the same time, the employer should remember that it is prohibited to require documents from a potential employee that are not provided for by labor legislation (Part.

3 tbsp. 65 Labor Code of the Russian Federation).

This means the risk of hiring a person who does not have the right to engage in part-time work (including a director who does not have special permission to do so).

To avoid such situations, it is still recommended to ask (for example, orally) the applicant to bring the appropriate document confirming his position at his main job. Failure to provide it, however, cannot be used as a basis for refusing employment.

Concluding an employment contract with a part-time worker

All rules for concluding an employment contract established by the Labor Code for main employees also apply to part-time workers. There is one mandatory condition that must be included in the contract with such an employee: an indication that the work is performed part-time (Part 4 of Article 282 of the Labor Code of the Russian Federation).

In addition, according to paragraph. 6 hours 2 tbsp. 57, labor contracts must stipulate the work and rest regime. And in relation to part-time workers, this is done taking into account the provisions of Art. 284 codes. For example:

• on days when the employee also works at his main job, he can only work at his additional job for 4 hours.
• on days free from main work, a part-time worker can work full time.

An employment relationship with a part-time worker can be formalized either for a specific period or without specifying one.

Issuing an order when applying for a part-time job is mandatory, but does not have any significant features. The employer can use both standard form No. T-1 (Decree of the State Statistics Committee “On approval of unified forms ..." dated January 5, 2004 No. 1), or independently developed.

In this case, in the column dedicated to the nature of the work, an indication of part-time work should be made.

Filling out a part-time worker’s work book

The work book is not listed among the documents required to get a part-time job. However, additional work may be recorded. However, this is done by the employer at the main place of work. An employer in an additional job is not only not obliged, but also does not have the right to make entries in the work record of a part-time employee.

To make such an entry, a set of conditions is required (Part 5 of Article 66 of the Labor Code of the Russian Federation):

• expression of the corresponding desire by the employee;
• confirmation of additional work (this could be, for example, a certified copy of the order for employment or a certificate from a second employer).

Information about part-time work is entered into the employee’s work book at the place of main work (Part 5, Article 66 of the Labor Code of the Russian Federation).

Let's summarize. The answer to the question “ Can CEOs work part-time ?” - can be found in the Labor Code: the law does not prohibit managers from being part-time workers - both external and internal.

In both cases, the conditions and restrictions established by Art. 276 of the Labor Code and certain laws (the need to obtain permission for external part-time work, restrictions on the nature of internal part-time work, a complete ban on the heads of municipal unitary enterprises combining several jobs, etc.)

d.).

• General concept of part-time work
• Who is legally allowed to work part-time?
• Combination procedure for the General Director
• Preparation of part-time documents for the General Director
• Employment contract and its features
• Payroll calculation for part-time worker
• Answers to common questions

The working day schedule is regulated by the Labor Code of the Russian Federation. Every employee has the right to work both in the main position and part-time; the law does not prohibit this. However, different positions have their own nuances and features regarding the preparation of documents.

Employment contract with a part-time director - sample

The process and features of drawing up an employment contract with the head of the organization are regulated by Art. 275 Labor Code of the Russian Federation. In the described case, the document must indicate the job function - part-time work.

A sample employment contract with a part-time general director can be downloaded on our website.

General concept of part-time work

Any employee can enter into additional employment contracts in addition to the main employment contract. Accordingly, the general director is not deprived of this right.

In order for the general director to have the opportunity to find a part-time job, he needs the consent of the general meeting of the founders of the enterprise, namely, declared in the minutes, as well as a drawn up employment contract, which will indicate the hours of work, salary and that this work is a part-time job.

Important! Part-time work can be external and internal. External part-time work involves employment in different organizations, and internal part-time work within one organization.

Do not confuse the two different concepts of part-time and combination. The first is characterized by the execution of an employment contract, which indicates that this is not the main place of employment. Combination, in turn, implies work without interruption from the main activity. It can only be with one employer.

Part-time director: how to prepare personnel records documents

Registration of a part-time general director requires the publication of the following registration documents and personnel records forms:

• minutes of the general meeting of founders (participants) on the appointment of a part-time general director, indicating the period (if necessary);
• employment contract;
• order;
• HR registration form T-2.

The procedure for filling out a personal card is given in the material “Unified Form No. T-2 - Form and Sample of Completion”.

In accordance with Art. 66 of the Labor Code of the Russian Federation, an entry about part-time work is made in the work book of the general director - part-time, if he has expressed a desire to do so.

For details on the design of work books, see the article “It is better to put a round stamp in work books.”

Combination procedure for the General Director

Legal regulation

The law states that any employee can enter into contracts with more than one employer. There is an indication of this in Art. 282 Labor Code of the Russian Federation. Therefore, the first person of the enterprise, like any other employee, has the right to get an additional job and fulfill his duties.

However, according to Art. 276 of the Labor Code of the Russian Federation, for this the director must obtain permission from the general meeting of the organization’s founders. It must be documented and drawn up in the form of a protocol (Article 276 of the Labor Code of the Russian Federation).

Requirements for the contract

When drawing up a contract with the head of the company, the same rules are followed. The document does not differ from the standard forms of the organization.

Download the Employment Agreement with a part-time director (form) (46.0 KiB, 491 hits)

Sample employment contract with a part-time general director (27.8 KiB, 645 hits)

Mandatory details include:

1. Details of the employing organization.
2. Information about a specific individual hired for the position of manager (or other position).
3. The subject of the agreement should mention the specifics of employment as a part-time worker.
4. A probationary period is determined (unlike ordinary positions, the chief accountant and the head of the company undergo probation for a 6-month period).
5. The rights and responsibilities determine the order of relationships between an employed part-time worker and a legal entity, establish a schedule, conditions of rest, remuneration and frequency of payments.
6. Duration of the contract.
7. The procedure for resolving controversial issues.

The document is signed on both sides and a date is set.

When determining the amount and procedure for remuneration for work in a part-time position, the general director must assume that the salary is determined at the discretion of the parties with the only limitation - in a part-time position, it is unacceptable to indicate a salary higher than half of the monthly remuneration for a similar position in the company (determined according to the staffing table and approved salaries), however, if the manager is the owner of the business, working without salary is allowed.

Such a restriction is based on the fact that working as a part-time manager of an organization does not imply the possibility of spending more than half of the working time without compromising the main job, and part-time work in conditions where the quality of work at the first employer suffers is unacceptable.

Rules for drawing up TD with the first person of the company

You can find them in Art. 275 Labor Code of the Russian Federation. The TD must indicate that the manager is employed part-time.

A director is not just an employee. He is also the person who is responsible for the activities of the enterprise. He makes important decisions, signs contracts, issues orders. Therefore, the TD concluded with him has some peculiarities.

It must contain the following information:

the date from which the manager begins his duties;

validity period of the TD, if it is urgent;

information about the probationary period (usually it lasts no more than 6 months);

terms of remuneration;

work and rest time;

an indication that the work is not the main one;

liability of the company director to the LLC;

other working conditions.

The document we are considering is drawn up in two copies and signed by the parties.

Order to take office

From a legal point of view, the official in question begins to perform his duties in accordance with the developed order. At the same time, this act reflects the wording that the citizen begins to fulfill the duties of the general director. In addition, it will be necessary to reflect the essential provisions of this act, which are:

• date when work began;
• period of performance of duties;
• amount of remuneration;
• mandatory indication that the person works part-time.

The order reflects that the conditions for fulfilling such an obligation are the protocol developed at the general meeting. In a situation where an employment agreement has been drawn up at the main place of work, the implementation of part-time employment is carried out in the general manner. It is necessary to take into account the rules specified in the provisions of Art. 44 labor legislation.

Article 238 of the Labor Code of the Russian Federation indicates that citizens who work part-time must provide a shortened list of documentation. This includes:

• the act by which identity is verified;
• a diploma indicating that the citizen has an education;
• a certificate reflecting the type of work performed at the main place of work.

In this case, there is no need to take a certificate indicating the position that the citizen is engaged in. The management of the organization does not have the opportunity to demand the provision of acts that are not prescribed by law.

In order to avoid getting into a situation where a citizen is hired for a part-time job, provided that he is not endowed with such authority, the company management verbally asks to bring a certificate indicating the position held in the main job.

It is also worth understanding that a certain responsibility is imposed on the director if he works in the position in question. The legislation does not provide for certain provisions that affect directors who work part-time.

The management team is responsible to the employer, the same as when the place of work is the main one. If there is material damage to the company, which was the result of the activities of a citizen or his inaction, then appropriate liability is imposed on him.

How to apply for a job correctly

To get hired, a manager should prepare:

At his request, information about employment can be entered into the employee’s work book. The recording is made by an employee of the HR department at the main place of work. The first person of the company begins to perform his duties after signing the order to take office. You can read more about this document in the article “Order on the appointment of the General Director”.

Deputies insist that by the end of 2021, provisions on legally significant communications made in the form of electronic documents or using modern technical means will be introduced in the labor sphere. In fact, this will allow employers and employees to exchange any important information in e-format.

July 17, 2021 at 03:05 pm

A civil contract, or a work contract with an individual, is an agreement between a company and a citizen to perform any work or provide services. It is not a labor law, it is regulated by the Civil Code of the Russian Federation, therefore it has a number of features and significant differences.

June 25, 2021 at 09:13

A sample fixed-term contract with an employee is an example of a document that must be signed by the parties if the employment relationship between them is temporary due to seasonality or for some other reason. This agreement has its own characteristics.

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Sometimes we find ourselves in situations that, on the one hand, are not prohibited by the Labor Code, and on the other hand, are not directly regulated by it. For example, what to do with an employee hired under a fixed-term employment contract if there is a need to transfer him to another position.

May 21, 2021 at 03:04 pm

Recently, more and more people prefer to work remotely, communicating with their employer via the Internet. For an employee, the advantages of such work are obvious - there is no need to get up early in the morning, stand in traffic jams, observe the office dress code, and the work duties themselves can be performed anywhere: at home on the sofa, in the country, or even on the beach in another country, as long as there is a Internet access. For the employer, the advantages of remote work are also obvious - this is, first of all, a reduction in the costs of providing an employee’s workplace. But many managers and HR officers have a lot of questions about formalizing relationships with remote employees, which we will try to answer in this article.

Transfer from another place of work

The transition of a manager from one organization to another is carried out as follows:

• the HR department employee must submit a written application requesting to dismiss the employee at his previous place of employment;
• the employee provides this request and his own letter of resignation to the former employer;
• at the previous place of work, a dismissal order is issued with a corresponding entry made in the employee’s work book;
• the employee is registered as a general director at the new place of work according to the appropriate scheme.

When the general director is transferred to a position from another organization, he retains the right to continuous work experience, which allows him to go on vacation after the allotted time since the last rest, and not from the date of admission to the new workplace.

Employment contract with the general director: features of signing

Last modified: July 2019

An employment contract with the general director is concluded on the general basis provided for by the Labor Code of the Russian Federation, taking into account some legal features. The results of the enterprise's activities and success in the development of the company largely depend on a competent manager brought in to regulate the entire work of the organization. Giving great powers to the general director, it is important for the founders to properly formalize the employment, since every action of the head of the company entails far-reaching consequences, and the scope of responsibility of such an employee must be clearly defined.

Can the owner of the company do both?

In practice, a situation often arises when it is necessary to register the sole founder of an organization as a part-time general director. In this case, documentary evidence of employment has nuances:

• permission for hiring a position is not required , the general director applies for the job himself (Article 273 of the Labor Code of the Russian Federation);

• drawing up and signing an employment contract is not necessary , since the contract is concluded by two parties, which is impossible in the case of the owner of the organization - the general director (Rostrud Letter No. 177-6-1 dated March 6, 2013).

Other non-standard situations that arise when hiring a part-time worker for a management position are resolved within the framework of the labor legislation of the Russian Federation on the basis of current documents.
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Special status of the employee

The main difference from other employment options for other positions (for example, when hiring a commercial director or sales director) is due to the fact that the general director is not accountable to any specialist hired on staff. The circle of people to whom the general director reports is limited to business owners, i.e. founders. Since the founder and the director are often the same person, difficulties arise in correctly registering hired labor with the founding general director.

In addition to the general provisions of federal legislation regarding employment, special regulations are applied to such an employee concerning the specifics of the activity and the peculiarities of the legal status of the manager, as well as clauses from the constituent documents that define the range of duties, powers and responsibilities of the manager.

The specificity of accepting a position is that it is elected. The head of the company is accepted based on the results of a competition or upon successful election in elections organized by the founders.

Other differences include the impossibility of drawing up an open-ended contract if the statutory documentation defines a specific period of employment and no other option other than a fixed-term employment contract with the general director is provided. Although the law does not prohibit dual employment for general directors, the special nature of the powers and responsibilities prescribes that each case of dual employment must be coordinated with the persons to whom the director is accountable, i.e. with the founders.

Part-time work of top managers from the point of view of legislation

The general norm of the Labor Code of the Russian Federation does not give grounds to consider the situation of a general director working part-time in another position or outside the organization as impossible. In the absence of contradictions and reasons for refusal, each person heading the company, like other employees, has the right to apply for additional employment without prejudice to the main job within the framework of internal or external part-time work.

The basis for considering a new job legal is the presence of permission from the authorized body of the employer or from the owner of the company for employment as an external part-time worker.

Thus, the first person to decide whether the general director can work part-time will be the organization itself, where the person works as the main employee. This provision is confirmed by the norms of Law No. 197-FZ, paragraph 1 of Art. 276 Labor Code of the Russian Federation.

Without limiting the number of combinations, the law requires that each additional employment be coordinated with the responsible body of the company that has the authority to resolve such issues (or the owner of the legal entity).

The head of an organization works part-time not only in the position of a top manager. If desired or the need arises, the general director has the right to apply for an internal part-time job as an accountant or other employee in his organization, or apply for any position outside the company he heads.

If the owner of the company’s property or the sole founder acts as a part-time general director, additional approvals are eliminated. The very procedure for obtaining permission to work somewhere else is connected with the desire to eliminate possible conflicts at the main place of employment. For this reason, consent from the first company is not a mandatory requirement when hiring for another legal entity. This provision is reflected in labor legislation (paragraph 9 of article 65).

Based on the established judicial practice (see the ruling of the Moscow City Court in case No. 33-5930/2016), only the first employer, where the general director of the LLC officially worked, has the right to file a claim against a part-time worker who was employed without approval.

Restrictions

In addition to obtaining permission from the main place of work, there are a number of important restrictions under which part-time work cannot be allowed at all. According to Art. 282 of the Labor Code of the Russian Federation, some managers and other employees holding responsible positions do not have the right to apply for additional employment.

The list of situations in which the question of whether there can be a part-time general director is decided negatively is presented below:

1. According to Law No. 79-FZ “On Civil Service”, civil servants do not have the right to register a second job if the second employer is a commercial structure (see paragraph 3, paragraph 1, article 17). A similar ban applies to municipal employees (clause 3, clause 1, article 14 of law No. 25-FZ of March 2, 2007).
2. It is impossible to hire a part-time worker under 18 years of age.
3. Combination in commercial structures is unacceptable for law enforcement officials, prosecutors, courts, and lawyers.
4. Labor legislation restricts the right to a second and further employment if the work involves hazardous work or is characterized by difficult working conditions.
5. The working conditions of employees of the Central Bank of the Russian Federation provide for a ban on holding multiple jobs for persons on the board of directors of the Central Bank.
6. In addition to federal prohibitions, any organization has the right to establish internal procedures regarding the combination of both general directors and employees with other positions.

To find out about the presence or absence of the right to become a part-time worker, it is worth checking the Charter of the legal entity and internal regulations.

Often, when it is necessary to protect a company’s trade secret, the authorized body introduces a restrictive provision into the statutory documentation.

If the company's activities are subject to licensing, obtaining special approvals, because when working in government agencies, working in the status of general director part-time in a commercial structure will be a direct violation of the law.

Employment contract with the general director and sole founder

One of the most controversial issues remains the employment of the founder in the role of general director. Many believe that since the founder and manager are the same person, he does not have the right to sign a bilateral document. However, this situation limits the rights of the general director of the LLC to exercise the rights and responsibilities as an employee.

If you need to become a director in your own company, the business owner draws up a protocol of the decision of the sole participant of the LLC. This document must contain the following provisions:

1. On appointment as General Director.
2. About the powers, duties, area of ​​responsibility in this position.
3. The period of validity of powers, in accordance with the clauses of the charter.

The founder's decision is a prototype of an employment contract with the general director as the only founder, differing, in fact, only in name.

One of the founders

When there are several founders, the procedure is the same as when there is a single owner of the organization. The only difference is in the number of signatories to the decision on the appointment. There must be as many signatories as there are founders themselves, excluding the person appointed to a responsible position.

The subsequent employment procedure is similar to the scheme for hiring any other employee according to the Labor Code of the Russian Federation.

Results

Answer to the question: “Can a director work part-time?” - positive. Like all employees, he can perform job duties on a part-time basis. However, in addition to the usual documentation for part-time workers, this requires an additional document - from the founders.

An employment contract must be concluded with the director only if he is not the only founder of the organization. In this case, it is sufficient to have the authority of the manager by decision of the sole founder, while the employment contract is concluded voluntarily.

Features of signing an agreement

Since the fate of the entire enterprise depends on the decisions of the manager, it is worth carefully studying the contents of the contract and taking a responsible approach to the issue of its preparation.

Agreement with the general The director describes the functions transferred to the person, and also establishes the possibility of combination. Often in small organizations such an employee also acts as a chief accountant.

The document is signed, in addition to the manager himself, by the chairman of the meeting of founders, an authorized person elected as chairman of the Board of Directors.

Employment contract with the general director (sample) (78.0 KiB, 223 hits)

Content

To avoid big troubles associated with wrong decisions or mistakes in the work of a hired manager, you will have to approach the issue of drawing up a contract responsibly. The provisions of the signed form must be based on:

general norms of labor legislation; the contents of the constituent documents.

Sample agreement with the general. the director must have the following details:

name of the organization and full name of the manager being hired (in full); company tax identification number; information about the person who signs the document on behalf of the employer and the grounds for the emergence of such a right; day of signing the document, place of registration; responsibilities of an employee; description of the place of work; period of validity of the agreement.

A fixed-term employment contract with the general director can be concluded for a longer period than provided for by the Labor Code of the Russian Federation (5 years), if this is mentioned in the constituent document.

Before concluding a contract, you should pay special attention to the inclusion of the following points:

day of taking office; the procedure for payment for work performed; issues of payment of social contributions (through Social Security).

Brief information about the stages of registration of the gene. directors

The legitimacy of the manager’s activities depends on compliance with the rules established by the legislation of the Russian Federation when hiring.

The scheme for hiring a general director includes the following steps:

1. Checking for restrictions on employment for a managerial position of a specific candidate (it is known that such restrictions are imposed by the “bankrupt” status).
2. Form and check the submitted package of personal documentation.
3. A meeting of the founders is organized and held, at which a decision is made to appoint the candidate as general director.
4. Based on the decision made, a contract is signed for a limited period of time.
5. Next, the personnel service or other responsible employees of the enterprise draw up the remaining documents for the new manager and enter into the employment record the acceptance of the head as head.

Registration procedure

An important part of the process of being hired as a part-time general director in another organization is compliance with the clause requiring the permission of the business owner, or the responsible body of the company vested with such powers (see Article 276 of the Labor Code of the Russian Federation).

• Features of an employment contract with a part-time worker

The stages of applying for additional work are as follows:

1. The head of the organization makes an application to the general meeting of participants for permission.
2. Based on the submitted application, a decision is made whether it is possible to hire a part-time director, providing the opportunity to additionally work in another place. The decision is recorded in the protocol, and a mark of execution is put on the application and then the document is placed in the employee’s personal file.
3. Now nothing prevents you from applying to a new organization in the general manner. If you are to apply for the position of general director, you will also need a decision from the participants to appoint a new leader, recording it in the minutes.
4. Next, you have to sign a contract specifying the conditions of part-time work, determining the work schedule and daily routine.
5. When starting work as the head of the company, an order is issued to appoint a part-time director (the sample is a standard personnel document on the hiring of a new employee with a part-time work schedule).
6. A manager hired on staff is subject to full registration by the personnel service. A personal card is created and a record of this is recorded in the appropriate internal journal of the organization.
7. Although if you have a main job, there is no requirement to make an entry in the labor record, in fact, nothing prevents you from making such an entry through your first employer at your own discretion, referring to the general norm of labor legislation (Article 66 of the Labor Code of the Russian Federation). The basis for marking part-time work will be a certificate from the second employer with a link to the document that served as the reason for enrollment.

• We arrange internal part-time jobs without errors

In order to formalize new functions for himself, the manager should take care of issuing an order on accounting policies. In this case, the need to have the position of chief accountant in the staffing table is eliminated, and the procedure itself is presented below:

1. The manager (general director of the company) issues an order to take office, assigning the functions of the chief accountant to himself personally.
2. An amendment is made to the employment contract, fixing new conditions of combination and determining the amount of remuneration for additional functionality performed.

In the process of registering a new place of work, the following versions of documentation will have to be issued and signed:

1. At the new place of employment or in both organizations, depending on the positions held, minutes of the general meeting of company participants are drawn up, recording the decision on the employment of a part-time employee as the head of the company. If necessary, the duration of the assigned duties is fixed.
2. Agreement with a part-time employee hired.
3. Internal order on appointment/assignment of duties.
4. Personnel registration card in form T-2.

Personal card in form T-2 (blank form) (61.0 KiB, 204 hits)

Personal card in form T-2 (filling sample on 4 sheets) (75.5 KiB, 139 hits)

The legislation does not make exceptions in determining the range of positions available to a general director during a part-time job, so the question of whether it is possible to be a general director in two companies is resolved positively.

• Procedure for additional payment for combining positions

Why is having a contract beneficial?

Although many talk about the impossibility of accepting a single founder as an employee, a contradiction arises, because employees have the right to contribute payments to budgetary and extra-budgetary funds, participate in the accumulation of pensions, and contribute to health and social insurance.

Of course, the manager-owner of the LLC will still receive income from the organization’s activities, however, participation in the deduction of taxes as an individual and contributions to extra-budgetary funds, despite the increase in the enterprise’s expenses, is beneficial to the employee-business owner himself, allowing him to enjoy the benefits provided for in the legislation for ordinary citizens (in the form of tax deductions, pension savings, etc.)

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Responsibility of the parties

6.1. In case of failure or improper performance by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.

6.2. The Employee bears full financial responsibility for direct actual damage caused to the Organization.

6.3. In cases provided for by federal laws, the Employee compensates the Organization for losses caused by his guilty actions. In this case, the calculation of losses is carried out in accordance with the norms provided for by civil law.

6.4. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

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