If we talk about a hired manager hired by business owners to run a company, according to the law, he is the same employee as an accountant, secretary, cleaner, etc. Consequently, he has the right to receive wages. In this case, the issue of non-payment of wages usually does not arise. And if it does, then the solution is simple: there is an employment contract, which means that it is necessary to pay wages.
Instructions
Step 1
There is another situation: when the head of the organization is represented by the same person who is its owner and founder. Then the question of an employment contract with the director, who is the only participant in the organization, is a subject of constant disputes. Often, the positions of the control authorities change depending on the situation.
Step 2
From the point of view of labor legislation, in both situations, the employee of the organization is both the hired manager and the head of the organization, regardless of the fact that he himself founded and owns the company. In practice, this opinion is shared by both the regulatory authorities and the courts. This means that the need to pay the director's salary needs to be addressed from the standpoint of labor legislation.
Step 3
So, if there is an employment contract, the employee must receive wages. Moreover, its size at full employment and production cannot be less than the minimum wage. The maximum salary of a director is not limited. And there are no restrictions for the director - the owner of the company he heads. Therefore, the salary of the current manager should be accrued in any case, including in cases when:
- the director himself issued an order not to accrue his salary;
- the organization has not yet started its activities;
- the company has suspended its work for a while;
- the company received a loss;
- there is no money to pay wages, etc.
Step 4
It is not prohibited by law to set minimum wages, i.e. in the amount of one minimum wage, which today is 4611 rubles. But this amount does not suit everyone. There are other legal ways to reduce the director's earnings.
Step 5
The first way is to pay for downtime. According to the law, the salary for the downtime is calculated based on two-thirds of the salary, i.e. not in full size. Accordingly, if the manager does not want to receive earnings due to the fact that in fact the activity is not being carried out, it is possible to officially reduce wages, recognizing the presence of downtime. At the same time, it is simply not necessary to draw up separate documents - it is enough to make an appropriate entry in the timesheet. If necessary, you can issue an order for the payment of salaries during the downtime.
Step 6
The second way is incomplete production. It provides for the introduction of part-time work for the supervisor. This situation is possible in two forms: part-time work week and part-time work. To do this, you need to draw up an additional agreement to the employment contract. It specifies a new schedule for the director. In this case, payments are made in proportion to the hours worked and may be less than the minimum wage.
