Is it possible to transfer the director of the library to 0.5 rates?
After considering 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 regime. If the employee objects to the establishment of part-time work for him, and the grounds for the introduction of part-time work without his consent, provided for in Art. 74 of the Labor Code of the Russian Federation, no, 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 thing as a rate. Based on the meaning usually given to this term, working in any position during normal working hours is considered to be full-time work. Accordingly, if an employee works part-time, then it is assumed that he must work half the normal working time, that is, work in this position part-time or part-time. Indirectly, our opinion is confirmed in the letter of the Ministry of Labor of the Russian Federation and the Ministry of Science of the Russian Federation dated 08.23.1994 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 the establishment of 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, which 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 the sixth part of Art. 11 of the Labor Code of the Russian Federation, heads of organizations are considered as a separate category of employees, 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 the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of the organization, local regulations, labor contracts. 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, the working hours are a condition of the employment contract. Article 72 of the Labor Code of the Russian Federation provides that a change in the terms of an employment contract determined by the parties is 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 you to establish a part-time (shift) or part-time working week by agreement between the employee and the employer both when hiring and subsequently. Therefore, with the consent of the employee 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 on the introduction of amendments to (Article 72 of the Labor Code of the Russian Federation).
The issuance of an order establishing part-time work is not mandatory. However, on the basis of this agreement, in accordance with the office work rules adopted in the institution, it is possible to issue an appropriate order in free form. The fact of establishing part-time work is not reflected in the work book.
With regard to the establishment of a part-time regime for the director of the institution unilaterally, 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 a labor function) at the initiative of the employer in the event that, 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 saved. However, in accordance with the fifth part of Art. 74 of the Labor Code of the Russian Federation, in the event that the reasons specified in part one of this article may lead to mass workers, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.
In our opinion, this norm should be considered as a special part of the first article in relation to the norm. 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 the length of working time even in the presence of organizational or technological working conditions. A corresponding change in the mode of working hours is possible only if there are those indicated in part five of Art. 74 of the Labor Code of the Russian Federation grounds and only in the above order. Such a restriction of the employer's right to change the terms of the employment contract under consideration also correlates with the established part two of Art. 22 of the Labor Code of the Russian Federation, the obligation of the employer to provide employees with work stipulated by the employment contract. It seems logical that in connection with this, additional restrictions are placed on the employer's ability to change the terms of the employment contract on the nature and volume of the work assigned to the employee (that is, the labor function and working hours) in comparison with cases in which it is possible to change other conditions at the initiative of the employer labor contract.
Thus, we believe that a reduction in the length of an employee's working time is possible only under the simultaneous presence of two circumstances:
Changes in organizational or technological working conditions (changes in engineering and production technology, improvement of jobs based on their certification, structural reorganization of production);
Possible offensive as a result of changes carried out by the employer of such consequences as the mass dismissal of workers.
Similar criteria for assessing the possibility of establishing a part-time work regime for an employee at the initiative of the employer are also proposed by the courts (appellate ruling of the Saratov Regional Court of August 16, 2012 N 33-4570, decision of the Oktyabrsky District Court of Tomsk of December 29, 2012 N 2-2133 / 2012).
Indirectly, this conclusion is confirmed by the sixth part of Art. 74 of the Labor Code of the Russian Federation, according to which, if an employee refuses to continue working in a part-time (shift) and (or) part-time working 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 norm does not contain any reservations regarding the order in which the employee was offered to continue working part-time, if such work is refused, the employee is subject to redundancy. 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 the mass layoffs of workers, that is, under the fifth part of Art. 74 of the 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 length of working hours only in the presence of the above-mentioned circumstances and only in the manner prescribed by part five of Art. 74 of the Labor Code of the Russian Federation * (1).
If part-time work is planned to be established permanently, the actions of the employer in such a situation do not meet the described criteria. In our opinion, in this case, it is impossible to change the terms of the employment contract with the employee on the duration of working hours at the initiative of the employer. The employer has the right to change the working hours of an employee (transfer it from a full rate to 0.5) only with his consent.
So, if the employee objects to the establishment of part-time work for him, and the grounds for the introduction of part-time without his consent, provided for in Art. 74 of the Labor Code of the Russian Federation, no, the employer does not have the right to change the terms of his employment contract by reducing the working hours of this employee.
However, please note that this position is our expert opinion.
Prepared answer:
Legal Consulting Service Expert GARANT
Tsezareva Tatiana
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Sutulin Pavel
March 18, 2016
The material was prepared on the basis of an 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 19.04.1991 N 1032-1 "On Employment in the Russian Federation" when introducing a part-time (shift) and (or) part-time working week, as well as when suspending production, the employer is obliged to inform in writing about this in employment service bodies within three working days after the decision to carry out relevant activities. Within the meaning of this norm, the employer must notify the employment authority about the introduction of part-time work, when it is introduced at the initiative of the employer, that is, in accordance with Art. 74 of the Labor Code of the Russian Federation. If the part-time work 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).
Good day! The situation is as follows: the director wants to stay at the main place of work, but work 2 hours a day for 2-3 months. I understand that this can be done part-time. Should he write in his application for a transfer to a part-time job the reason why he wants to do it? There are no children or sick relatives.
Thanks in advance!
Answer
So why do you need this paper?
Really, what's the catch? What a decent director Well, what's the difference what's the catch ... he needs it.
The question was different - is it necessary to describe the reason in the statement why he wants it this way or not? Can he just write that he asks to do him a part-time job of 2 hours for 3 months? ukka, do not be offended. It's just that at many enterprises the director is his own boss - when he wants, he comes, so to speak, works "in free flight." I wonder who he asks to transfer him to a part-time job? Whose name will the application be in? Article 93 says that by agreement between the employee and the employer, part-time work may 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 a part-time job for himself. Just do not forget that the gene is not his own boss. I do not 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 (ie, also agree) the DS on changing the mode of operation.
Yes, and Gena 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 and sick relatives, there is no need to write a reason. We indicate the reason if the employer does not have the right to refuse to establish working hours under certain circumstances.
A statement like “I ask you to set me a part-time job from ... to ... an hour” indicating the date of establishment of working hours addressed to the person who signed the employment contract with him. I looked on the Internet - your company LLC. In accordance with Art. 40 of the Federal Law "On Limited Liability Companies" - either the chairman of the general meeting of participants in the company, or another participant authorized by the decision of the meeting, or, if the decision on 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 the 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 obligation of the employer arises in the presence of certain confirmed circumstances. n-gorska, thank you!
You can play with the director in a split personality, tk. he is also the founder ... the only person wants, the other refuses According to the materials of the discussion of site visitors
can the CEO and chief accountant work part-time at a part-time job? Or how to correctly reflect the irregular working hours of both, if they receive a fixed salary, regardless of whether they were at work for an hour or four hours, that is, the time worked depends on the work performed.
for chief accountants, the Labor Code of the Russian Federation does not establish any restrictions or special requirements for part-time work. Therefore, the chief accountant can work part-time part-time.
The head of the organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner. The head of an organization cannot be a member of the bodies exercising the functions of supervision and control in this organization.
If the general director is the sole 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, the director of a municipal unitary enterprise cannot be accepted concurrently, since the heads of unitary enterprises are not entitled to engage in other paid work, both in commercial and budget organizations, except for teaching, scientific and other creative activities.
Thus, if a citizen is not a director of a municipal unitary enterprise, is not the only founder (participant, shareholder) of a commercial organization, and also does not belong to the categories of citizens who cannot be accepted as part-time employees (minors; citizens who are hired with harmful and ( or) dangerous working conditions, if their main job is related to the same conditions; prosecutors; citizens who are hired to work related to driving vehicles or traffic control, if they perform the same labor duties at their main place of work; judges ) he can work part-time part-time with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.
The total working time for part-time workers cannot exceed four hours a day, but if the employee is free from the main job (on any day), then he can work part-time at this time full-time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours per month (another accounting period) established for the corresponding category of employees.
When hiring, in the order in the form No. T-1, indicate that the employee was hired on a part-time basis, write down the actual amount of the salary that you will accrue to the employee, next (in brackets) indicate that this is 0.5 rates.
At the same time, it is better to prescribe the full salary of a full-time employee in the staffing table, since if in the future the organization hires a full-time employee, you will not have to make changes.
In addition, employees can be set hourly wages. At the same time, wages are calculated based on the number of hours actually worked in the billing period.
Irregular working hours - a special mode of work, according to which individual employees can be involved in the performance of their labor functions outside the established working hours for them, subject to a number of conditions.
Since the working hours of a part-time worker are limited by law, he cannot be set 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 Glavbukh System and the Personnel System
In case of part-time work, the employee, in his spare time from his main job, performs other work under a separate employment contract ( h. 1 st. 282 TK RF). Part-time work can be done both at the place of the main job (internal part-time worker), and in other organizations (external part-time worker) ( h. 3 art. 282 TK RF).
The legislation does not limit the number of part-time jobs. That is, an employee is allowed to conclude employment contracts for part-time employment with any number of organizations. This is stated in part 2 Article 282 of the Labor Code of the Russian Federation.*
Who cannot be accepted concurrently
Part-time work cannot be accepted by citizens belonging to the following categories:
- minors ( h. 5 st. 282 TK RF);
- citizens who are hired with harmful and (or) dangerous working conditions, if their main job is related to the same conditions ( h. 5 st. 282 TK RF);
- prosecutors (except for teaching, scientific and creative activities) ( P. 5 st. 4 Laws of 17 January 1992 No. 2202-1 );
- citizens who are hired to work related to driving or driving vehicles, if they perform the same labor duties at their main place of work ( h. 1 st. 329 TK RF). Scroll positions and professions to which this restriction applies, approved resolutionGovernments RF from 19 January 2008 No. 16 ;
- judges (except for teaching, scientific and creative activities) ( P. 3 art. 3 Laws of 26 June 1992 No. 3132-1 ).*
If the organization mistakenly hires an employee who is prohibited from working part-time, he will have to be fired paragraph 11 article 77 of the Labor Code of the Russian Federation (as a violation of the rules for concluding an employment contract, excluding the continuation of work).
Situation: is it possible to hire a part-time job who is the director of a municipal unitary enterprise
As a rule, you can't.
The fact is that the heads of unitary enterprises are not entitled to engage in other paid work in both commercial and budgetary organizations, except for teaching, scientific and other creative activities. This is stated in paragraph 2 article 21 of the Law of November 14, 2002 No. 161-FZ.
Situation: can the same person be the chief accountant in two organizations at the same time (in one - according to the work book, in the other - part-time) *
Yes maybe.*
No restrictions or special requirements for part-time work for chief accountants Labor Code RF does not install.
A part-time job is the performance by an employee of another paid job in his spare time from his main job. This concept is spelled out in article 282 Labor Code of the Russian Federation. At the same time, an employment contract is necessarily concluded with a part-time job, which indicates that the work is a part-time job. *
Situation: can the general director - the sole founder (participant, shareholder) of a commercial organization - work part-time
No, he can not.*
An employment contract is not concluded with the General Director - the sole founder ( letterMinistry of Health and Social DevelopmentRussia from 18 August 2009 No. 22-2-3199 ). Therefore, such a person is not in an employment relationship with the organization in the generally accepted sense.*
Thus, the CEO, who is also the sole founder of the organization, can get a job in another organization. At the same time, such work will not be considered an external part-time job, but will be the main job for him. *
Working hours
The total working time for part-time workers cannot exceed four hours a day ( Art. 284 TK RF). But if the employee is free from the main job (on any day), then he can work part-time at this time full time. However, within one month (another accounting period), the duration of the work of a part-time worker should not exceed half the norm of working hours per month (another accounting period) established for the corresponding category of employees. Such restrictions are set part 1 Article 284 of the Labor Code of the Russian Federation.*
Part-time working time restrictions do not need to be observed if the employee at the main place of work:
- suspended work due to delayed payment of his salary ( h. 2 tbsp. 142 TK RF);
- Suspended from work for health reasons with retention of position for a period of up to four months in cases provided for part 2 articles 73 of the Labor Code of the Russian Federation;
- is the head, his deputy, chief accountant of the organization (separate subdivision) and dismissed for health reasons with the retention of the position in the case provided for part 4 article 73 of the Labor Code of the Russian Federation.
On those days when the employee is busy at the main place of work, the daily duration of his part-time work cannot exceed four hours a day. For more than four hours, a part-time worker can work only on those days when he is not busy at his main place of work. For example, if an employee is not busy on any day at the main place of work, he can work part-time full-time (eight hours). Then overtime will be considered the hours of work that the part-time worker worked in excess of the prescribed eight hours. At the same time, the duration of part-time working hours for a month (another accounting period) should not exceed half the norm of working hours of the same category of employees working on a permanent basis (i.e., not part-time) for the same accounting period.
After the employment contract is concluded, draw up The order of acceptance to work, and at the end of the procedure personal card .
An example of hiring an external part-time worker
E.V. Ivanova was accepted into the organization as a secretary on the terms of an external part-time job ( labor contract).
The head of the organization issued an order for hiring Form No. T-1 and at the request of the employee issued certificate confirming acceptance for a part-time job. Based on this certificate, the employee of the organization responsible for maintaining personnel records at the main place of work made an entry about part-time work in work book Ivanova.
Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
2. Article-by-article commentary to the Labor Code of the Russian Federation.
“Article 276. The work of the head of the organization in combination
The head of the organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner. The head of the organization cannot be a member of the bodies exercising the functions of supervision and control in this organization. *
A comment:
The norms of Article 282 of the Labor Code of the Russian Federation contain the possibility of restrictions on part-time work for certain categories 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 abuse by managers of their powers contrary to the property interests of the owners of organizations;
- a limited resource of the manager's working time, which he is obliged to use productively in the interests of the employer. There are often situations when work in other organizations is necessary from the point of view of ensuring the interests of the employer, for example, in subsidiaries, dependent legal entities. Therefore, the Labor Code of the Russian Federation (in Article 276) does not prohibit part-time employment, but conditions it by obtaining permission from the authorized body, the owner of the property of the organization, or a person (body) authorized by the owner.
Managers may be expressly prohibited from performing certain paid jobs. For example, the head of a unitary enterprise cannot be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities. It is forbidden for him to engage in entrepreneurial activity, to be the sole executive body or a member of the collegial executive body of a commercial organization, except when this is part of the official duties of this head. The head of a credit institution or its branch is not entitled to hold positions in other organizations that are credit or insurance institutions, professional participants in the securities market, as well as in organizations engaged in leasing activities or affiliated with the credit institution 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 the owners of property (participants) of the company to occupy the head of paid positions in other organizations are applied.*
The head of the organization also cannot be a member of the bodies exercising control functions. This is due to the need for separation of powers between management and supervisory bodies. The head, by virtue of his powers, constantly monitors the functioning of the organization. Owners are also interested in conducting periodic objective audits of activities managed by the head of the organization to assess the effectiveness of decisions made by him and the effectiveness of the head. Similarly, 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 Ministry of Health of Russia
4. Article: Solutions for five problem situations with payroll documents
Situation 4. An employee is hired on a part-time basis
We take an employee for 0.4 rates - 2000 rubles. per month (full salary - 5000 rubles). How do we properly issue an order for employment and staffing? Previously, this position was not in the staff.
Irregular working hours - a special mode of work, according to which individual employees can be involved in the performance of their labor functions outside the working hours established for them, subject to a number of conditions (Article 101 of the Labor Code of the Russian Federation).
Since the working time of a part-time worker is limited by law, he cannot be set an irregular working day, regardless of how many hours a day the part-time worker works. *
Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment
Sincerely,
Lyudmila Nosova, expert of BSS "System Glavbukh".
Answer approved by Varvara Abramova,
leading expert of BSS "System Glavbukh".
How to properly transfer the CEO to 0, 2 rates 8 hours of work per week. a new schedule has been drawn up. in the employment contract, in the section wages, there is a salary at the full rate and, more precisely, "remuneration is made in proportion to the time worked." What sections of the employment contract should be amended and what should be the wording?
Answer
Answer to the question:
As we understand from your question, you want to transfer the director to a part-time job.
In addition to normal working hours, labor legislation provides for part-time work. Part-time work means part-time employment of an employee either during the week or during the working day (shift).
At the same time, in accordance with subparagraph 4 of paragraph 2 of Article 33 of the Federal Law of February 8, 1998 No. 14-FZ "On Limited Liability Companies", the formation of the executive bodies of an LLC and the early termination of their powers is the competence of the general meeting of participants.
Consequently, in labor relations with the director of the organization, the interests of the employer are already represented by the participants in the company. Accordingly, the manager must negotiate on changing the conditions of his work with those who represent the interests of the employer. Therefore, without the consent of the authorized body, the manager cannot change any working conditions for himself (for example, change the mode of work).
Therefore, in the event of a change in the terms of the employment contract with the head of the organization, it is first necessary to draw up a protocol of the general meeting of participants, and then, based on this protocol, all necessary documents can be prepared.
So, 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 addition, an organization may introduce part-time work on its own initiative.
Thus, if part-time work is established for the director during his working life, then you need to:
1. Draw up the minutes of the general meeting of participants about changing the terms of the employment contract with the general director.
2. Draw up an additional agreement to the employment contract, in which to prescribe that the director's mode of operation is changing and prescribe this mode, for example: " Paragraph 3 of the contract shall be stated as follows: “The employee is set a part-time job with two days off: Saturday, Sunday. Working day - 2 hours; work starts at 13.00, end of work at 15.00, break for meals and rest from 13.30 to 14.00"".
Also, in the additional agreement it is necessary to reflect the new conditions for remuneration. At the same time, specify the salary for the employee in the additional agreement in full (for the full time), while it is necessary to indicate that the salary is accrued for the time actually worked (for example, Paragraph 4 of the agreement shall be stated as follows: “The employee is set a monthly salary of 50,000 rubles. Salary is calculated according to the number of hours worked.).
See the text below for an example of an additional agreement.
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. Issue an order in a free form on the establishment of part-time work for the director, which also reflect the conditions for changing the working hours and wages.
See below for a sample order.
Such an order can already be signed by the director himself, but on the basis of the decision of the participants in the company.
It is not necessary to reflect the change in the regime in the work book of the employee.
Details in the materials of the System Personnel:
No, he can not.
The CEO of an organization has a dual status. He is both an employee who is in labor relations with the organization and the sole executive body of the organization (). As a leader, he decides all economic and managerial issues of the organization. As an employee, he is obliged to act within the framework of an employment contract and comply with the Labor Regulations ().
The salary of the General Director is a prerequisite of the employment contract (). Such conditions can be changed only by agreement of the parties to the contract ().
In an LLC, an employment contract on behalf of the organization must be signed by the one who chaired the general meeting of participants, where the general director was elected, or a member of the company who is authorized by the decision of the general meeting. Therefore, there are only two ways to increase the salary of the CEO:
Nina Kovyazina,
Working hours
The normal working week should not exceed 40 hours (). 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 - Saturday, Sunday).
The current working hours in the organization should be fixed in and () contracts ().
In addition to the normal working hours, labor legislation provides for a regime. Part-time work means part-time employment of an employee either during the week or during the working day (shift). For example, not five working days, but four or not eight hours a day (per shift), but six.
Part-time work should be distinguished from. The latter is established for certain categories of employees and is counted as a full labor rate (). If we are talking about a part-time working week, all non-working days in this case are reflected as days off ().
The organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.
At the same time, in some cases, the administration is obliged to establish such a regime for an employee. This must be done as requested:
This procedure is provided for by the Labor Code of the Russian Federation.
In addition, an organization can enter part-time and.
Employer initiative
The establishment of a part-time regime at the initiative of the employer is allowed (- if it is available in the organization) during the period of organizational and technical measures that entail significant changes in working conditions. If such changes may lead to mass layoffs, the administration has the right to establish a part-time regime for up to six months. Such a restriction is provided for in Article 74 of the Labor Code of the Russian Federation.
At the same time, employees must be notified in writing of upcoming changes two months before they are carried out (with mandatory familiarization under the signature) (). The consent or disagreement of an employee to work part-time can, for example, be registered in the .
If an employee in these circumstances refuses to work part-time, he can be fired only in the manner prescribed by part 1 of article 81 of the Labor Code of the Russian Federation () (). In this case, he needs to pay severance pay and the average monthly earnings for the period of employment ().
Attention: if the employees prove that the part-time work regime was introduced in the absence of significant changes in the organizational and technological working conditions in the organization, such actions of the administration may be declared illegal through the court. In this case, the organization may be required to restore the previous working conditions for the employee. This conclusion follows from the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.
Documenting
The part-time work regime may be provided for in the employment contract or established by order of the head. In the latter case, if for an employee this regime differs from the general one in force in the organization, this fact must be reflected in the employment contract ( ). To do this, conclude an additional agreement with the employee to the employment contract on changing the working hours ( ). In addition, it may be necessary to make changes to the internal documents of the organization (for example, to the annex to the collective agreement), if they contain a list of employees for whom part-time work is in effect.
Salary
An employee who is set to work part-time works less than the rest. His work is paid in proportion to the established time (or depending on the output). At the same time, the duration of the annual paid leave is not reduced, the procedure for calculating the length of service does not change, and other rights of the employee are not limited.
Nina Kovyazina,
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia
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ADDITIONAL AGREEMENT No. 1
Moscow 31.03.2010 Alpha, hereinafter referred to as the Employer, represented by director A.V. Lvov, acting on the basis of the Charter, on the one hand, and chief accountant A.S. Glebova In your situation, this part will be as follows: Alpha LLC, hereinafter referred to as the Employer, represented by the founder Petrov, acting on the basis of the Charter and the decision of the general meeting of participants dated ___________________ No. _______, on the one hand, and Lvov A.A., hereinafter referred to as employee (CEO)…… We name and I in the future, the "Employee", on the other hand, entered into an agreement to change the terms of the employment contract from 15.05.2007 № 475 . 1. Item 3 of the contract shall be stated in the following wording: “The employee is set part-time work week with three days off: Friday, Saturday, Sunday. Working day - 8 hours; work starts at 9.00, ends at 18.00, break for meals and rest from 13.00 to 14.00 ». 2. Item 4 of the agreement shall be amended as follows: “The employee has been monthly salary 21,000 rubles . Salary is calculated based on hours worked ». 3. Other norms of the contract from 15.05.2007 № 475 leave it unchanged. 4. This agreement is effective from 01.04.2010 . Signatures of the parties: Received a copy of the agreement A.S. Glebova |
- 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
- at a general meeting of members of the company. In this case, the protocol of the general meeting of participants will be the supporting document;
- decision of an authorized member of the company. He can prescribe new conditions for the remuneration of the general director in an additional agreement to the employment contract.
- Answer:How to set part time mode
- pregnant woman;
- one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
- an employee who cares for a sick family member in accordance with a medical report.
- Forms:Additional agreement to the employment contract on the establishment of a part-time working week
- Forms:Order on the establishment of a part-time work week
ORDER No. 256
on the establishment of a part-time work week
Moscow 31.03.2010
In accordance with Article 93 of the Labor Code of the Russian Federation
I ORDER:
1. Install chief accountant A.S. Glebovoy part-time work schedule 01.04.2010 :
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Inspectors of the GIT and Roskomnadzor told us what documents should never be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.
If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied court practice and prepared safe recommendations for you.
The chief accountant and the head of the company are, first of all, status persons, thanks to which important decisions are made that ensure the normal functioning of the organization.
But at the same time, they are considered employees and are in an employment relationship with the employing company. Therefore, there are many questions about hiring such employees, issuing an order to take office as a general director, making entries in the manager's work book. Often there are questions related to the ability of the main persons of the company to work while on vacation, with the registration of the general director on a part-time basis, as well as with the setting of part-time work for the chief accountant
Who has the right to sign an agreement with the director
Very often, the founder of an LLC is not the head of the company, appointing another person to this place. The employment contract with the director of the company is signed by different persons, depending on the specific situation. If there is only one founder, then he himself is engaged in signing the contract and issuing an order on taking office as the general director. In the event that there are several founders, the issue of signing the document is decided collectively. The choice of a candidate for concluding an agreement is carried out at a meeting of members of the board of the company or founders. The company delegates the right to sign the contract to the selected person.
Employment contract with the general director of LLC - sample
According to Chapter 43 of the Labor Code of the Russian Federation, which regulates the activities of the main persons of the organization, the norms specified in it do not apply to the head, who is the sole founder of the company. From this it follows that the norms of the remaining chapters of the Labor Code of the Russian Federation apply in full to this person. According to one of the articles of the code, the employer is obliged to conclude an employment contract with the employee and accept his order to assume the position of general director in accordance with all the rules. And in this case, the person appointed to the leading position is both an employer and an employee. Because of this, a slightly absurd situation develops, when in theory the signing of a document is required, but in practice the conclusion of an agreement becomes impossible.
Opening a bank card is carried out in a general manner, registration at the tax office is carried out upon presentation of constituent documents. For these operations, a part-time or full-time employment contract with the CEO is not required. The length of service of the head is considered from the moment of issuing the order on taking office of the general director.
According to Article 276 of the Labor Code of the Russian Federation, the head of the company does not have the right to be part of the bodies whose functions include control and supervision in this organization.
The first order of the head
Entering into his rights, the head first of all issues an order to assume the position of general director, a sample of which can be seen below.
Sample letter of intent to become CEO
Practice shows that in relation to the head, it is enough to issue only an order to take office as the general director, but this contradicts clause 2 of Art. 9 of the Federal Law of November 21, 1996 No. 129-FZ "On Accounting". The document states that all primary documents that serve as the basis for the production of accruals must have a unified form. Therefore, it is useful to issue an order in a unified form No. T-1, for personnel. This document is designed to show the working conditions of the manager, it includes such items as the amount of salary and allowances, the nature of the work, its mode, and so on.
Sample entry in the work book of the general director
What should be written in the work book of the General Director
Organizations often enter into an employment contract with the head, which is accompanied by the signing of an order to assume the position of general director, for only 1 year. After this period, the question of further actions arises. If they want to renew an employment contract with the manager, you should first fire the person, and then hire him again. The new contract is urgent, a protocol with data on the decision of the meeting of founders must be submitted. On the basis of this protocol, an order is issued for the dismissal and hiring of the head. All these actions are reflected both in the personal card and in the work book of the general director on a part-time or full-time basis.
Sometimes a fixed-term contract with the manager expires, and the person continues to perform his job duties with the tacit consent of the founders. In such a situation, it is considered that the contract with him is concluded for an indefinite time, this is regulated by Part 4 of Art. 58 of the Labor Code of the Russian Federation. But at the same time, the company must take into account that the figure of the leader in this case becomes quite vulnerable, which may be in the hands of business partners. If they wish, they can say that the concluded transactions are signed by an unauthorized person, challenging them.
Difficult moments of labor relations with the CEO
Transfer of the General Director and Chief Accountant to a part-time job
Often, the head and chief accountant of the company are the founders of the LLC, being registered in the company as the main place of business. Reducing the volume of work may force the chief accountant and CEO to go part-time or part-time. If employees have a desire to avoid referring to article 74 of the Labor Code of the Russian Federation, they can resort to article 93, which deals with part-time work. At the same time, additional agreements are drawn up to employment contracts, which indicate whether there will be part-time working days or weeks. In this case, remuneration is made in proportion to the amount of work performed or hours worked. At the same time, the chief accountant or part-time general director does not receive restrictions on the accrual of seniority, the duration of paid annual leave and other labor rights.
It is impossible not to accrue wages to the head and chief accountant
Companies that have two employees, represented by a manager and a chief accountant, often ask about the possibility of not charging wages to their staff. And they do not see the point in the need to conclude an employment contract, issue an order to assume the position of general director. Nevertheless, all personnel documents and contracts must be properly executed, and wages accrued and paid. This is explained simply - the founders are employees of the company, who are in labor relations with it.
Registration of part-time general director
With regard to managers, not only is the registration of the general director part-time, but also part-time work is practiced. If a person is currently working in one company, and the founders of the organization want to see him in a leadership position in another company, a number of operations must be performed. These changes will be reflected in the manager's work book. First, the head is fired from the first company and hired by the second, all this is done with the approval of the founders. The final stage of registration of a part-time CEO on a part-time or full-time basis is the conclusion of an agreement on the terms of an external part-time job in the company from which he resigned. The last operation is reflected in the work book only at the request of the manager himself. According to Article 276 of the Labor Code of the Russian Federation, the head of the company can work part-time for another employer only with the permission of a person authorized by the owner, the owner of the property of the company or the authorized body of the legal entity.
The head can work remotely if it suits the founders
Sometimes the founders, who have the responsibilities of the company's leaders, carry out their work from another city, via the Internet. If all the founders are satisfied with this way of managing the organization, then the part-time or full-time CEO can work in this form legally. But in the statutory documents of the company or in its local acts for the head, this moment should be displayed, the possibility of working remotely is indicated.
To carry out financial transactions, the chief accountant must return from vacation
The chief accountant, who went on vacation without pay, has no right to transfer payments, as well as receive money by check. To carry out these operations, he must come out of vacation. Will the company receive a penalty for delaying wages during vacation at its own expense? If the company has two employees, represented by the manager and the accountant, went on vacation without pay during the period when the advance was issued, then the company may receive a fine. Since the day on which the advance is issued falls on a vacation, there is an automatic delay in wages. After all, article 136 of the Labor Code of the Russian Federation establishes that payments are made every half a month, at least. Violation of this entails liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Legal entities face a fine of up to 50 thousand rubles. But such a 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 June 30, and an advance payment is made, for example, on June 25. If the leave at their own expense is issued for a full calendar month, from June 1 to June 30, then employees simply cannot claim any payments, and therefore there is no delay in wages.
Only the founding body can reduce the remuneration of a director
Only a body that concludes an employment contract with a person on behalf of the founders can reduce the wages of a part-time CEO or a full-time manager. The manager himself cannot do this. But a special body may also have the right to conduct such operations only if there are legal grounds for this.
Dismissal of the CEO of the company at his own request
There are only three grounds for the dismissal of the general director - the desire of the manager, the decision of the founding body and the expiration of the employment contract. When a situation arises when a company loses its owners, for example, due to their death, the manager is sometimes forced to resolve the issue with his own dismissal. In the event that the term of the employment contract comes to an end, the next day after its completion, the manager may simply not go to work. He has the right to issue not only an order to take office of the General Director, but also an order to resign. In a situation where the term of the contract has not expired, and the person no longer wants to take a leadership position in the company, he should postpone his departure. He will be able to leave only after accepting the inheritance, determining the new composition of shareholders, the appearance of a person in whose name it will be possible to send a letter of resignation.
