Can the CEO work part-time?

Regulatory regulation

Article 276 of the Labor Code of the Russian Federation allows you to formalize labor relations with the head of an organization on a part-time basis. A prerequisite for this is the permission of the property owner.

According to Art. 273 of the Labor Code of the Russian Federation, if the director is the only founder of the company and the owner of the property, the decision is made independently, permitting documents from higher authorities are not required.

Clause 3 art. 69 of the Law “On Joint Stock Companies” allows a director, including a general director, to work as a manager in other companies only after receiving written approval from the board of directors.

Federal Law No. 161 prohibits directors of unitary companies from:

• organize your own enterprises;
• work in public services;
• be an individual entrepreneur;
• work as a commercial education manager.

The exceptions are: creativity, pedagogy and scientific work.

The Law “On Banks and Banking Activities” prohibits a bank director from:

• hold the position of director in another bank at the same time;
• work in companies providing leasing services;
• be a participant in the securities market;
• work in insurance organizations.

Art. 282, 329 of the Labor Code of the Russian Federation prohibit combining labor functions for persons who fall under one of the conditions:

• work in government agencies, including regulatory authorities;
• not reaching the age of majority;
• activities involving driving;
• being in difficult, harmful production conditions.

The legislative framework

The law does not contain any prohibitions on combining two positions for businessmen. The general director of the enterprise may well work somewhere else. The only condition is mandatory agreement with the authorized body of the legal entity or the founder of the company where the director works in his main job.

If there are several such companies, then permission must be obtained from authorized persons of all these companies. Moreover, it does not matter whether the head of the organization decided to work somewhere else in the same position or, for example, get a job as a sales manager. The law does not make any distinctions in this regard.

It’s another matter if a person acts as his own boss, that is, he is also the sole founder of the company, or the owner of all property (clause 3 of Article 273 of the Labor Code). In this case, you do not need to ask for anyone's permission.

The same rule applies in situations where a citizen works at his main place as an ordinary employee, and at the same time gets a job as the head of a company.

Issues related to the combination of directors are described in the labor legislation of the Russian Federation (clause 1 of article 276 of the Labor Code).

The deputy director can also afford to combine two jobs in agreement with the management at the main job.

In this article you can read about vacations for part-time workers.

How to apply for a job as a part-time director

If a person is employed as a director and intends to move to an equivalent position in another company, but remain a part-time worker in the previous one, the procedure will be as follows:

1. Termination of an employment contract. The optimal basis in this situation would be the own initiative or agreement of both parties. The procedure for dismissal in this case is no different from ordinary dismissal. The employee needs to make a final payment, taking into account the remaining days of vacation, and issue the money no later than the date of entry in the work book about the end of work.
2. Acceptance to the position of director in a second organization.
3. Documentation at the previous place of work as a part-time worker. Rehiring a former director is no different from the standard employment procedure.

Dismissal is necessary in order to give the employee a work book. It should be kept in the human resources department of the company where the main employment is registered. It is not necessary to include in the book information that the person combines work. This is at the discretion of the employee upon confirmation of a certificate from additional work confirming the existence of an employment relationship.

Can a manager work part-time at the same time in two more organizations, also as a manager (have three jobs)?

Documents for registration of a part-time director

To apply for a job as a director, you will need the following package of documents:

• passport;
• diplomas, retraining certificates and other documents related to education;
• pension certificate;
• employment history;
• permission from authorized persons to assume the position of director as a part-time director.

The HR department draws up internal documents:

• personal card;
• employment contract;
• order to take office as a part-time worker;
• protocol with the decision of the founders on appointment to the position.

Employment contract

IMPORTANT! A sample employment contract with the general director of an organization (part-time work) from ConsultantPlus is available here

The contract is concluded in the usual form and includes the same main sections as when accepting the main place of work:

• rights;
• responsibilities;
• time of rest and work;
• conditions for salary payments;
• duration of the probationary period;
• actions of the parties in possible disputes.

Its main difference is that a clause is added with a mention of working as a part-time worker. The contract can be concluded for a specific period or indefinitely.

Features of the design of a work book

If desired, the candidate can make a record of an additional place of work . The registration procedure is the same as for all other employees. The serial number is put, then the number when the contract was actually signed. Be sure to indicate the name of the department, unit, position, protocol number and date.

Upon dismissal, they put a stamp and enter the relevant information.

Making a record of part-time employment in the length of service document is not necessary and is done only at the request of the candidate himself .

Thus, it turns out that even the gene. Directors of enterprises cannot boast that they can do everything. This is especially true for state unitary institutions . But here, too, there are opportunities to work in other places, if this is formalized and confirmed as teaching, scientific or creative work.

Watch a detailed video about the specifics of hiring a CEO:

Part-time or combination?

The concepts of “part-time” and “combination” are similar in meaning in that they imply additional work. The fundamental difference between them is that part-time work is work performed after completion of the main one. That is, after the end of the working day, the employee works on additional tasks. And combining is the performance of all functions during working hours.

An additional contract is concluded with a part-time worker to perform work other than the main job function. The combination may not be documented or paid for. An entry about him is not made in the work book. The tasks performed during combination are often heterogeneous. For example, the director, in addition to his direct responsibilities, does his own accounting and fills out personnel documents.

Mention of part-time work must be contained in the contract and recorded in the work book, if the director needs it. It is paid additionally, the work can be the same and performed simultaneously in different companies. For example, a person works as a director in two organizations.

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?

Answers to readers' questions: the employer fires the director...

Publication “Financial Director” magazine January 2009

Valentina Zavadskaya , certified lawyer, partner of LLC Law Company DE JURE CONSULT

Questions and answers.

Does the head of an organization have the right to work part-time?

As a general rule, in accordance with Article 255 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), the head of an organization is prohibited from performing paid work on a part-time basis, except for teaching, scientific or other creative activities, as well as medical practice. Thus, the director (general director) of an organization does not have the right to work under an employment contract in another organization, regardless of the position held in such an organization, except in cases of carrying out teaching, scientific or other creative activities, as well as medical practice.

However, there is an exception to the general rule. Thus, according to Article 252 of the Labor Code, the provisions established by Articles 252 - 261 of the Labor Code apply to heads of organizations of any organizational and legal forms, except for the case when the head of the organization is the sole owner of the organization’s property or an individual entrepreneur. In other words, the head of a unitary enterprise or institution, who is its founder (the owner of the property of the unitary enterprise or institution), has the right to work part-time without restrictions.

Despite the prohibition established by Article 255 of the Labor Code, the responsibility of the head of an organization for part-time work is not established by law.

How to terminate a contract with the head of an organization in the absence of guilty actions?

A contract must be concluded with the head of the organization for a period of 1 to 5 years. It must be remembered that a contract is a fixed-term employment contract, the validity of which is terminated in the following cases: – expiration of the contract for which it was concluded; – by agreement of the parties; – at the request of the employee in the event of his illness or disability preventing the performance of work under the contract, violation by the employer of labor legislation, a collective or labor agreement and for other valid reasons; – at the request of the employer in cases provided for by law, as a rule, in the presence of guilty actions (inactions) of the employee; – the occurrence of circumstances beyond the control of the parties. Termination of the contract at the initiative of the employee in the absence of valid reasons with a month's prior notice to the Employer is not allowed.

However, the head of the organization has a special status. A leader must have not only high professional and business qualities, but also personal qualities. The trusting relationship between the manager and the employer is also important. In this regard, the Labor Code provides for the possibility of terminating a contract with the head of an organization without good reason or in the absence of guilty actions (inactions), both on the initiative of the head and on the initiative of the employer.

Thus, according to Article 259 of the Labor Code, a contract with the head of an organization can be terminated at the initiative of the Employer before its expiration in the absence of guilty actions (inaction) on the part of the manager. Thus, the Employer has the right to dismiss the director at any time before the expiration of the contract without good reason, without justifying the reasons and motives for such dismissal. However, according to 259 of the Labor Code, in this case the manager must be paid compensation for early termination of the contract with him in the amount determined by the contract.

In turn, the head of the organization has the right to terminate the contract early by notifying the Employer no later than one month in advance, both in the presence of valid reasons and in the absence of such. Such notice must be in writing, and the manager must have evidence of giving such notice. Moreover, if the contract is terminated without good reason, the head of the organization, at the request of the owner of the organization’s property or the body authorized by him, is obliged to pay compensation to the organization in the amount determined by the contract.

Taking into account the above, we recommend that, when concluding a contract with a director, clearly provide for the amount of compensation in the event of early termination of the contract without good reason at the initiative of the Employee, as well as at the initiative of the Employer in the absence of guilty actions (inactions) on the part of the director.

If the contract is terminated at the initiative of the manager for valid reasons, no compensation will be paid. Valid reasons, in particular, include: 1) the head of the organization has reached retirement age; 2) an illness that prevents the continuation of work; 3) the need to care for a sick family member; 4) violation by the owner of the organization’s property or an authorized body of the terms of the employment contract.

Is it necessary to register a real estate lease agreement concluded for a year or more, taking into account the provisions of the new Decree of the President of the Republic of Belarus dated December 19, 2008 No. 24 “On some issues of leasing permanent structures (buildings, structures), isolated premises”?

According to Article 622 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code), a lease agreement for a building or structure (including parts of a building, structure), concluded for a period of at least one year, is subject to state registration and is considered concluded from the moment of such registration. On December 20, 2008, Decree of the President of the Republic of Belarus dated December 19, 2008 No. 24 “On some issues of leasing capital structures (buildings, structures), isolated premises” (hereinafter referred to as the Decree) came into force, which introduced significant changes to the legislation regarding the registration of agreements rental of real estate. Thus, according to the Decree, state registration of lease agreements, sublease agreements, free use of permanent structures (buildings, structures), isolated premises, regardless of their validity period, has been cancelled. Such agreements are considered concluded from the day they are signed by the parties. The lessor is only obliged, within ten days from the date of conclusion of the lease, sublease, free use agreement for a period of one year or more, to notify in writing about the concluded agreement the territorial organization for state registration of real estate, rights to it and transactions with it (at the location of the real estate ). However, such a notification does not constitute state registration and does not affect the legal validity of the concluded lease agreement. As stated above, such agreements are considered concluded from the date of their signing, regardless of the lessor’s fulfillment of the notification obligation assigned to him. Since the Decree is temporary and has higher legal force in relation to the Civil Code and the Law of the Republic of Belarus dated July 22, 2002 “On state registration of real estate, rights to it and transactions with it”, to lease legal relations of real estate in terms of registration of these agreements the norms of the Decree are subject to application.

In addition, the Decree established that lease and sublease agreements for capital structures (buildings, structures), isolated premises are concluded for a period of at least three years. The conclusion of such agreements for a period of less than three years is permitted only with the consent of the tenants.

What should be understood by the “legal address” of an organization? As you know, the concept of “legal address” is quite widespread among participants in civil transactions. However, there is no definition of the concept “legal address” in regulatory legal acts. In this regard, both government officials and business entities interpret the concept of “legal address” in different ways, guided by their inner convictions. It is a common opinion that the legal address is the address specified in the constituent documents, where the director and (or) accounting department should be located, all documents of the organization, including accounting, etc. should be stored. On December 24, 2008, changes to Article 50 of the Civil Code came into force, according to which the location of a legal entity is determined by the location of its permanent executive body (administrative-territorial unit, settlement, as well as a house, apartment or other premises, if any), and in the absence of a permanent executive body - another body or person having the right to act on behalf of a legal entity without a power of attorney. The location of the organization must be indicated in the constituent documents of the organization. Thanks to these changes, a clear understanding of the concepts of “location of organization” and “legal address” has emerged. Thus, the legal address should be understood as the location of the organization, indicated in its constituent documents, at which the executive body (manager, directorate) is located, and in the absence of a permanent executive body - another body or person having the right to act on behalf of the legal entity without powers of attorney. At the same time, the organization’s accounting department, accounting and other documents of the organization may be located in another premises that the organization legally owns.

Answers to readers' questions.

How do you get paid for a part-time job?

The Labor Code establishes payment for part-time work in accordance with the time worked. It cannot be more than 4 hours a day. The salary of a part-time worker is determined on the principle of equality. This provision does not provide any restrictions or advantages. A part-time worker is entitled to all allowances and benefits provided for by labor legislation. Since part-time work cannot be more than half the standard working day, the salary is directly proportional to it. It cannot be higher than 50% received at the main job.

Attention! If the company has developed regulations on bonuses for employees working part-time, they also apply!

The advisability of drawing up a part-time employment contract depends on the position of the director in the company and the place where additional work will be carried out. It is worth considering whether this is a hired manager or an owner. If the director is not the founder of the company, but works for a salary, he should seek official registration of additional functions as part-time work.

Part-time director: how to prepare personnel records documents

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

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

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

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

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