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.

How to correctly transfer the CEO to 0.2 rates?

The entry must contain:

• the name of the LLC;
• date of entry into office and its full name;
• information about the document that served as the basis for hiring a new employee.

Tax Notification Notification of the tax service is carried out by submitting an application for amendments to the Unified State Register of Legal Entities. The document is signed by the director. Note! It is necessary to notify the tax authority no later than 3 days from the date of hiring a new manager.

Establishment of part-time work for the CEO

Important

For example, not five working days, but four or not eight hours a day (per shift), but six. The part-time work regime should be distinguished from the reduced work time regime.

93 TC RF). Categories of employees An organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties 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 at the request: This procedure is provided for in Article 93 Labor Code RF. In addition, an organization may enter incomplete work time and on their own initiative.

How to apply for a CEO job

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

• a long-time employee through the execution of an additional agreement to his employment contract.

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

Part time for director

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.

Attention

Issue an order in free form on the establishment of part-time work for the director, which also reflects the conditions for changing the working hours and remuneration. 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.

Can the CEO work part time?

This document contains information about the terms of reference of an employee, his rights and obligations, the amount of salary and liability that may arise in case of failure to comply with the provisions of the agreement, as well as the rules internal regulations, obligations. The rule also applies to the appointment of a director.

Moreover, the execution of an employment contract is required even when the head is the sole founder of the company. Compliance with the order in a certain way ensures the security of the director both in labor and in social sphere. Download a sample employment contract with the General Director of LLC Recruitment order On the day the director takes office, an order is issued for his employment.

How to apply for a part-time CEO?

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

There is no probationary period for such employees. When calculating the probationary period, the following periods are not taken into account:

1. period of illness;
2. stay in military registration;
3. implementation of public events;
4. the absence of an employee at the workplace for other reasons.

Important! In accordance with the norms of the law, the work performed by the candidate for the position during probationary period payable on a general basis.

How to apply for a part-time director Employment of a manager for a part-time job is possible if the new employer agrees to this.
Question 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 hours worked.” Which 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 law 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).
Federal Law "On companies with limited liability"- either the chairman general meeting participants of the company, or another participant authorized by the decision of the meeting, or, if the solution of these issues is referred to 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 employer's obligation 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...
Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health Working hours The normal duration of the working week should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). During the week, working time must be distributed so that its total duration does not exceed this limit.

The most common option is an eight-hour working day with a five-day working week(weekends - Saturday, Sunday). The operating mode of working hours in the organization should be enshrined in the Labor Regulations and labor (collective) agreements (art.

91 of the Labor Code of the Russian Federation). 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).

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. It follows from this that in full with respect to this person the norms of other chapters of the Labor Code of the Russian Federation apply. 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 in tax office carried out upon presentation 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. nine federal law dated 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 not superfluous to issue an order on unified form No. T-1, according to 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 fixed-term contract with the head expires, and the person continues to perform his work duties with the tacit consent of the founders. In such a situation, it is considered that the contract with him is concluded for an indefinite 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 lead and Chief Accountant companies are the founders of an 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 general director part-time does not receive restrictions on the accrual of seniority, the duration of the 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. However, everything 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 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 an authorized body 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 general director can work part-time or full-time in this form for legal grounds. 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 saving 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. Indeed, 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

Reduce the pay of a part-time CEO or a part-time manager full force, can only be a body that concludes an employment contract with a person on behalf of the founders. 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 reasons 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 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.

Director of LLC in accordance with Art. 99, part 2 of Art. 145 GKU and Art. 62 Law on economic societies is the sole executive body of a limited liability company (LLC).

Since the director of the LLC is official, he is in an employment relationship with an LLC, which are drawn up in accordance with Part 4 of Art. 65 HCU by concluding an employment agreement (contract) with him (for more details, see the topic - you can get acquainted with this material for free by registering in the online version electronic journal). The basis for the conclusion of such an agreement (contract) is the decision of the meeting of participants of the LLC, drawn up in the minutes. The right to sign a contract with the director is delegated to one of the participants by the relevant minutes of the meeting of participants in the LLC.

Thus, for the director of an LLC, in fact, the employer is a meeting of participants in the LLC. Therefore, all documents related to labor relations directors, are formalized by issuing an appropriate decision by the meeting of participants in the LLC, including on changing the mode of operation (establishing part-time work), unless otherwise provided by the charter of the enterprise.

Part-time work can be established:

• at the time of employment or subsequently during the time of work by agreement between the employee and the employer (art. 56 Labor Code);
• at the initiative of the employee or employer (in this case, the conditions of Art. 32 must be observed Labor Code on warning the employee at least two months before changing the working hours);
• for a fixed period or without a time limit.

The specific duration of part-time work is not established by law. Part-time work may be established by agreement between the employee and the employer by reducing the duration daily work(for example, 3 hours a day - from 10 00 up to 13 00 ), reducing the number of days of work during the week (for example, 3 days a week - Monday, Wednesday and Friday for 8 hours), while reducing the number of hours of work during the day and the number of working days during the week (for example, 3 days a week - Tuesday, Wednesday and Thursday at 5 a.m. (from 10 00 up to 15 00 ). This issue is discussed in more detail in the topic (you can read this material for free by registering in the online version of the electronic journal).

As for the direct procedure for changing the director’s working regime and establishing part-time work, it must be taken into account that the director, like other employees, is an employee, respectively, he is subject to all the guarantees and requirements established by the above norms Labor Code, as well as the relevant provisions of the company's charter.

Thus, if the transfer of a director to part-time work is founders' initiative , the requirements of Art. 32 Labor Code. That is, in this case, the founders at the meeting, in the presence of changes in the organization of production and labor, must make an appropriate decision and draw it up in the form of a protocol, which the director of the enterprise must then be acquainted with no later than two months before the date of the change in the operating mode. If the director agrees, an appropriate order is issued, and if he does not agree, then the employment contract with him is terminated on the basis of clause 6 of Art. 36 Labor Code.

In case of transfer of the director to part-time work his own initiative should be guided by Art. 56 Labor Code and the provisions of the company's articles of association. Unless otherwise provided by the charter, in this case, the meeting of the LLC participants considers the director’s application for the establishment of part-time work, for example, with a work schedule of 1 day a week, about which the relevant minutes of the meeting are drawn up (in practice, based on such a decision of the participants of the LLC, the director issues an order).

Remuneration for part-time work is carried out in proportion to the time worked, based on the salary established by the staffing table.

Good afternoon, Anna! In my opinion, it will be easier and more correct for you to arrange not a part-time job, but a combination of positions. These are different things. Part-time work is performed in free time from the main job. I'm not sure that your specialist's work schedule allows him to have free time (from working hours) when he can perform the duties of the head of the department. And when combining positions, work is performed during the established working hours. There will be no problems. Yes, and it is easier to issue - an additional agreement to the employment contract is enough. The agreement must necessarily stipulate the amount of the additional payment for the combination.

Article 60.2. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract

With the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment of this Code).
Additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions). Additional work entrusted to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. In order to fulfill the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another profession and in the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.

Article 151

When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, employee is paid.
The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work of this Code).

Question

Good afternoon.

Tell me, is it possible to hire the CEO (he is the only founder) part-time (part-time), if he does not currently have an official main place of work.

Thanks in advance

Answer

In accordance with Part 1 of Art. 276 of the Labor Code of the Russian Federation, the head of an organization may work part-time for another employer after obtaining permission from the authorized body of the legal entity, or the owner of the property of the organization at the main place of work of the head, or a person (body) authorized by the owner. But since in this case, the founder is the only one and he is also the general director, then he does not need permission.

Labor legislation also does not prohibit hiring the CEO for a part-time job at the main place of work.

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