Can a general director work part-time and how to apply for it?

Home / Labor Law / Employment / Part-time and part-time work

Back

Published: 07/27/2016

Reading time: 8 min

0

1105

The choice of an additional job may be due to both the search for a higher level of income and the desire to acquire and master new work skills.

For many working citizens, the search for a job that is profitable in all respects is a standard type of work activity. At the same time, people prefer part-time or combination work.

Part-time work is considered one of the best types of employment , which has a beneficial effect on the gradual mastery of a new position or area of ​​activity. This type of labor relationship is available to almost all categories of workers (with rare exceptions). These also include persons holding the position of General Director.

• Legislation
• Possibility of combination
• Salary
• Who can't work part-time?

Legal regulation of part-time work

This type of labor relationship, such as part-time work, which arises as a result of the execution of an appropriate agreement, is regulated by the provisions of labor legislation. In particular, the provisions of Art. 60.1 Labor Code of the Russian Federation.

This norm indicates that a citizen, in addition to performing the duties of his position, can perform additional duties of labor significance. However, he does not do this during the main working day. This mode of employment is called part-time employment.

The special features of this type of employment are prescribed in Art. 44 Labor Code of the Russian Federation. Currently, part-time work is not prohibited. A person can enter into agreements with several companies. This suggests that the CEO also has a similar right.

Here it is worth paying attention to the fact that the legal status of the management team is reflected in a special order. Provisions of Art. 276 of labor legislation indicates that the general director has the opportunity to work part-time. At the same time, a condition is introduced that presupposes the need to obtain permission from the founders of the company to conduct such activities.

The permitting procedure is prescribed in the specified norm. It establishes that the minutes of the meeting indicate the possibility of hiring a director on a part-time basis.

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.

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Can the CEO work part-time?

The general rule indicates that a person holding the position of general director in a company is vested with the right to conduct activities in the condition of internal or external part-time work. In this case, as stated above, it is necessary to take into account the condition according to which a citizen, if he wishes to be an external part-time worker, will need to request permission from the meeting of founders. A person who is the owner of a company has a similar right.

In addition, the owner of the organization can delegate these powers to a certain body or person. Then the general director will have to coordinate the part-time job with him.

Please note that permission is required from each organization where a person performs management functions. These rules should also be followed provided that the citizen gets a job other than a managerial position.

A situation may arise when a person at one time acts as the general director, as well as the founder of the company, as well as its owner. Then he has the opportunity not to ask for permission for new employment. If a person at his main place of work is not registered in a managerial position, and at the same time wants to become a general director, then in this case there will also be no need to obtain consent from the owner of the main company.

It is important to point out that the permit in question, issued to a citizen to work part-time with another company, is intended to exclude controversial situations. First of all, the interests of companies that are the main place of business of the person are taken into account.

The management team of the company who hires the general director on a part-time basis does not have the authority to require permission. Judicial practice indicates that the right to file claims against an employee regarding employment with another employer that is not approved by the employer, that is, in a part-time situation, is vested only in the manager in whose company the person performs management functions.

How is it more profitable for the director?

Earnings received through part-time work are subject to all required contributions payable to the budget at the expense of the employer. This is beneficial to the employee. And the director who owns the enterprise should compare the benefits received from contributions to his insurance accounts with the costs that could not have been incurred. If the director is the founder of a micro-enterprise, perhaps he works alone, he performs additional functions not related to management. For example, the work of a personnel officer, accountant, manager. In such conditions, they usually do not take on several positions, receiving salaries one at a time.

Can the general director of an organization also be the chief accountant in the same organization?

Permission to work part-time as a director

The legislation does not reflect the procedure in accordance with which a work permit is issued in the conditions under consideration. This indicates that this procedure should be specified in the employment agreement or statutory documentation. In addition, a rational point of view is to prescribe an answer to the question of whether the general director can work part-time.

The company has the right to establish a ban on such activities. If there is a violation of the prohibition, then it is permissible to prescribe a disciplinary punishment, including termination of the employment relationship. The norm of Art. should be used. 81 labor legislation.

Sometimes exceptional situations are prescribed in the statutory documentation. This is expressed in the fact that the company allows the general director to work part-time when such activities are carried out in the interests of the company.

For example, we are talking about holding a part-time position in a subsidiary. For some organizational and legal forms, legislative acts establish restrictions on work in the situation in question. It refers to:

1. To the director who works in a municipal unitary enterprise. They cannot engage in other types of activities, provided that they are paid. This is stipulated in the law adopted at the federal level in 2002, number 161. The ban is due to the fact that the work is paid, but employees do not have the right to it. The exception is creativity or pedagogy.
2. Management of the joint stock company. The ban is spelled out in federal legislation dated 1995 under No. 208. The act reflects all persons who are entitled to obtain permission to occupy a leadership position in another organization. These functions are vested in the supervisory board.

However, these rules are not reflected in the legislation regarding LLCs. We can come to the conclusion that a citizen working as a general director has the right to work part-time if the rules of Art. 276 labor legislation.

How to place an order correctly

When the general director is hired part-time, the execution of the order has one nuance. The document is certified by a signature when the director is not the founder.

When there are several participants in an enterprise, a joint decision on the appointment is made. Consent is documented in a protocol. The manager does not need to write a statement. The order serves as the basis for filling out the form.

Based on the order, information is entered into the form. Personnel records management is carried out in accordance with the requirements established by law.

Sometimes a director is appointed who assumes the responsibilities of the chief accountant. Managers can perform several functions - the law does not contain prohibitions in this regard. This combination must be indicated in the company's accounting policies. It is also necessary to draw up a contract correctly and expand the manager’s responsibilities.

To draw up an order, form No. T-1 is used. The order and contract are signed by an authorized person. Additionally, one more order can be issued. The document confirms the fact that the manager took office.

Employment contract with part-time director

If we consider part-time work in essence, it acts as a citizen’s job and requires that a person needs to draw up an employment agreement. At the same time, the peculiarity is that an entry in the work book is made on the condition that the citizen himself wishes it.

In addition, the employment agreement for part-time workers is similar to a similar act drawn up at the main place of business. The main difference is that in the first situation, the documentation indicates that the citizen is conducting part-time activities.

Summary

1. 
   You can invite a director from another organization to a leadership position. The law does not establish prohibitions, but legal requirements must be taken into account.

2. There are categories of employees who cannot combine several responsibilities. Their registration for a responsible position is a violation of the law.
3. It is necessary to correctly draw up the contract and specify all significant terms of cooperation.
4. The head of the company can also work for the chief accountant. It is necessary to legitimize the performance of various functions. The responsibilities are specified in detail in the contract or an additional agreement to it.
5. It is undesirable to make mistakes, since you will have to pay fines for them.

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.

Nuances

Such strict regulation is provided in order to protect top officials of companies and their subordinates from possible conflicts related to the performance of duties at their main places.

At the same time, the receiving party does not have the right to demand from the person applying to work for them documented confirmation of the agreement of the issue with the management at the main place. (clause 9 of article 65 of the Labor Code).

It doesn’t matter where they take him, a director or an ordinary specialist. Is he working legally at a joint place or illegally - the prerogative to arrange proceedings with him on this topic belongs only to authorized persons at the main place.

So if such a document is asked for when applying, the potential part-time worker has the right to refuse.

However, there are a number of situations when the company’s first person will still not be able to carry out the combination.

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.

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, 539 hits)

Sample employment contract with a part-time general director (27.8 KiB, 719 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.

Internal alignment

Speaking about this variety, the legal act does not indicate restrictions. An exception may be that the person in question is a member of a supervisory or other governing body. The ban is established so that the specified body does not have dependence when making decisions.

In addition, it is worth pointing out that the official in question has the right to serve on a body that has an advisory function. The reason is that this body is concerned only with general management. You have no right to control the work.

Erroneous actions when registering the sole founder as the general director

Part-time sick leave

Payment for part-time sick leave in 2022-2022 depends on the place where the part-time worker was registered for work during the two years preceding the year of disability. It may turn out that it worked:

1. With the same employers as in the year when you received sick leave.
2. From other employers.
3. With the same employers, but had other jobs.

It is more profitable for an external part-time employee working on a part-time basis to apply for benefits to the organization where he works full-time.

Sick leave benefit for part-time worker

Sick leave for pregnancy and childbirth of an external part-time worker: what do you need to know?

Part-time worker goes on maternity leave: how many sick leaves do you need?

When is it possible to combine and part-time at the same time?

As can be seen from the above definitions, combination and part-time work are not mutually exclusive concepts. This means that the following situation is possible. The employee is a part-time worker (that is, he performs additional work in his free time from his main job, both for the same and for another employer), and at the same time receives additional payment for part-time work (that is, for performing during the working day along with his main responsibilities and additional work for the same employer).

Accordingly, a person will receive a salary for part-time work. Its size is determined in proportion to the time worked and is agreed upon by the parties in the employment contract for part-time work. And for combined work - an additional payment, the amount of which the employer determines independently when he invites the employee to take on additional workload.

Calculate “complex” salaries under different remuneration systems Try for free