Is it possible that a part-time CEO will have another position? And if possible, what are the features for such cases? Who gives part-time permission? What documents need to be issued? These and many other issues will be highlighted below.
General concepts
According to the Labor Code, each employee has the right to work with several employers. In this case, one of the works is considered the main, and the second - additional, that is, concurrently. It turns out that such an employee will have at least several labor agreements. The law does not limit the number of additional places of work, but the time for part-time jobs is limited to no more than 16 hours a week.
Part-time happens:
- internal: an employee works with the same manager in several positions;
- external: the employee works for different employers.
Many confuse combining and combining. The first we made out. By combination, they mean additional labor activity at one employer, in addition to the main job. And if combining involves several hours a day for work, then combining is performed in parallel with the main function. Now find out whether the CEO can work part-time?
Is it possible for a director to combine posts?
The head of the company, whose position can be named differently (general director, director, president, etc.), has a special status when compared with other employees. Therefore, the question will be reasonable: "Can the CEO work part-time?"
The Labor Code regulates the work of managers as a separate chapter. Among other articles, there is Art. 276, which comments on the director’s ability to combine posts.
The most important limitation is external combining. That is, the director of a company cannot occupy any position in another company, unless there is a special permission for this that can be given:
- authorized body;
- the owner of the property of the organization;
- authorized person representing the owner.
Such a restriction is aimed at protecting the rights of the organization, since the owner of the company must be sure that the director general appointed by him will not harm the company itself and will not reduce its efficiency.
Internal alignment
As for the internal combination, in this case the labor legislation does not establish any restrictions. An exception is the presence of the general director in the control and supervisory bodies. The purpose of this prohibition is clear - such a body should be independent in its decisions. But the director can be on the supervisory board or on the board of directors, because this body is engaged only in the general management of the company and does not fulfill the control function.
It is important to remember that the above restrictions apply only when the manager is not the sole founder of the company.
Work permit
There is no legislative regulation of the fact that permission is required to appoint a part-time CEO. It would be more correct to fix such an order in the director’s employment contract.
Owners of organizations can not only prohibit combining posts, but also prescribe this prohibition in the statutory documents.In order to prevent violations, it is possible to provide for disciplinary sanctions for violations of the rules of the charter, including dismissal.
Some cases in the statutory documents allow combining in the management bodies of a third-party company, if such a fact does not violate the interests of the company.
It is worth mentioning that some legal forms provide for direct restrictions on concurrent activities:
- Municipal unitary enterprises prohibit the director from engaging in other paid activities, including part-time jobs. The exception is scientific, creative and educational activities.
- Joint-stock companies allow the board of directors to issue permission for part-time activities of the general director.
So, can the CEO work part-time? Yes, if the conditions of article 276 of the Labor Code are met.
Registration
It is not difficult to fill out a general director in combination. This is a classic procedure, which is based on the rules prescribed in chapter 44 of the Labor Code of the Russian Federation.
Article 283 prescribes a specific list of documents, which is collected by the general director in combination. Registration involves the provision of:
- passports of the Russian Federation;
- a document that confirms the presence of education;
- Help, which indicates the working conditions and the nature of work in the main position.
As can be seen from the list of documents, there is no certificate among them that confirms that the applicant holds the position of general director. At the same time, the employer must remember that he does not have the right to require third-party documents from the applicant at the reception, which are not provided for by law. This means that there is a high probability of hiring a part-time director general who does not have permission to do so.
To avoid incidents, you can correctly verbally ask to submit a certificate from the main job of the position. But its absence should not be a reason for refusal when hiring the General Director part-time.
Conclusion of an agreement
An employment contract (the form will be presented later) in combination, in principle, is no different from a standard document signed with the main employee. The only condition that must be observed is an indication that the work is performed concurrently.
In addition, the agreement should include a mode of work and rest in accordance with Article 284 of the Labor Code of the Russian Federation. For example:
- on days of part-time, a citizen does not have the right to work on additional work for more than four hours;
- if a part-time worker has a free day at his main job, he can entirely devote it to additional earnings.
An employment contract can be concluded both for a specific period and for an indefinite period.
The issuance of an order for employment is also considered a prerequisite. The document must indicate that the work is performed concurrently.
The following is an agreement with a part-time CEO - a sample document (see photo below).
Employment filling
Among all the necessary documents that are executed when the device is part-time, the work book is not indicated. Therefore, it is the individual desire of every citizen to mark this document or not. In this case, an entry into the labor all the same is made by an authorized employee at the main place of work. Therefore, the General Director concurrently not only not required to make a record, but also do not have the right.
If, nevertheless, a citizen wishes to make a part-time record, a number of conditions must be met:
- indicate the corresponding desire to make an entry;
- confirm the presence of additional official earnings (for example, a copy of the order on the employment).
An entry to the job concurrently to the Director General shall be made at the main place of work on the basis of all documents submitted.
Transfer
In some cases, an employee may work in one of the branches of a large enterprise. And if there is a need to appoint this employee as part-time director in one of the branches, you can do this by transfer. To do this, you need:
- Obtain written consent from the employee regarding the transfer and appointment to the appropriate position.
- Issue a special order on the "movement" of employees.
- Conclude an employment agreement.
- Make an entry in the work book.
So, can the CEO work part-time? Can. Moreover, this can be both external and internal combination, if this fact does not contradict labor legislation. Namely: it takes into account the conditions and reservations of Article 276 of the Labor Code of the Russian Federation, as well as other provisions of the law, providing for the need to obtain approval for part-time job, limiting the nature of the work.