home Calculators An individual can be an employer. The employer is an individual

An individual can be an employer. The employer is an individual

The employer (with the exception of employers - natural persons) is obliged to conduct work books for each employee who has worked in the organization for more than five days, if the work in this organization is the main one for the employee.

The work book contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination employment contract and information about awards for success in work. Information about penalties in the work book is not entered, except in cases where disciplinary action is dismissal.

At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, paragraph of the edition of the Labor Code of the Russian Federation or other federal law in force at the time the entry was made.

Directly, the Instruction for filling out work books was approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69.

In order to account for work books, as well as forms of a work book and an insert in it, organizations conduct:

a) an income and expense book for accounting for forms of a work book and an insert in it;

b) a book of accounting for the movement of work books and inserts in them. The forms of the income and expense book for accounting for the forms of the work book and the insert in it and the form of the book for accounting for the movement of work books and inserts in them, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69.

A number of features that establish the features of labor regulation of employees working for employers - individuals, are defined by Chapter 48 of the Labor Code of the Russian Federation.

In addition to the general obligations imposed on the employer, the employer - individual is obliged to draw up an employment contract with an employee in writing and register this agreement with the relevant local government;

Compliance with this procedure for concluding and formalizing an employment contract predetermines its legitimacy and legal force, enables the employee to confirm the time of his work with the employer - an individual.

Article 303 of the Labor Code of the Russian Federation provides for:

1) features of the content of an employment contract with an employer - an individual;

2) the obligation to comply with the written form of the employment contract;

3) the obligations of the employer - natural person.

In terms of the term of the employment contract, in this case, no fundamental features have been established - the parties can conclude an agreement for both indefinite and certain period(Article 304 of the Labor Code of the Russian Federation).

The mode of operation, the procedure for granting days off and annual paid holidays are determined by agreement between the employee and the employer - an individual. At the same time, the duration of the working week cannot be longer, and the duration of the annual paid leave less than those established by the Labor Code of the Russian Federation, i.e. the employer has the right to establish only more favorable conditions for the employee than it is established by the Labor Code of the Russian Federation.

Article 306 of the Labor Code establishes that the employer - an individual shall notify the employee in writing of at least 14 calendar days in advance of the change in the essential conditions stipulated by the employment contract.

This period differs from the period established by Article 73 of the Labor Code of the Russian Federation, since this article determines that the employee must be notified of the introduction of these changes by the employer - a legal entity in writing no later than two months before their introduction.

There are no grounds predetermining a change in essential working conditions for employees employed by an employer - an individual.

In addition to the grounds "provided by the Labor Code of the Russian Federation, an employment contract with an employee working for an employer - an individual may be terminated on the grounds provided for by the employment contract. At the same time, the terms of the notice of dismissal, as well as the cases and amounts of severance pay paid upon termination of the employment contract and others compensation payments determined by the employment contract (Article 307 of the Labor Code of the Russian Federation).

Also, the Labor Code of the Russian Federation establishes a rule according to which disputes between an employer - an individual and an employee are considered in general, judicial order.

Article 309 of the Labor Code of the Russian Federation refers to the documents confirming the time of work with the employer - an individual, a written employment contract. The employer - an individual does not have the right to make entries in the work books of employees, as well as draw up work books for employees hired for the first time.

In order for a written employment contract to serve as a document confirming the length of service for an employer - an individual, it must be registered with the relevant local government body (this provision is established by Article 303 of the Labor Code of the Russian Federation).

Article 307 of the Labor Code provides for two features of the termination of an employment contract with an employer - an individual:

1) the possibility of supplementing the generally established grounds for dismissal with grounds included in the employment contract;

2) the possibility of determining by the employment contract the terms for warning the employee about dismissal, the cases and amounts of payment of severance pay and other compensation payments.

It should be especially noted that additional grounds for terminating an employment contract with an employer - an individual cannot contradict the labor legislation of the Russian Federation, and the terms for warning about the termination of an employment contract at the initiative of the employer - an individual or a person working for him, must be provided for by the employment contract.

employment contract with individual entrepreneur(Article 303 of the Labor Code of the Russian Federation) may provide additional grounds for its termination. This agreement also determines the terms of the notice of dismissal, the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract.

Violation of labor laws may result in administrative or criminal consequences.

Thus, article 5.27 of the Code of Administrative Offenses of Russia “Violation of the legislation on labor and labor protection” establishes administrative liability for violation of labor legislation in the form of an administrative fine on officials in the amount of from five to fifty times the minimum wage, and in case of repeated violation - disqualification for period from one to three years.

Cases of administrative offenses in accordance with applicable law are considered by the Federal Labor Inspectorate and state labor inspectorates subordinate to it.

Disqualification is a new institution for Russian administrative law; disqualification consists in depriving an individual of the right to occupy leadership positions in executive body management of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, as well as to manage a legal entity in other cases provided for by law Russian Federation. Administrative punishment in the form of disqualification is appointed by the judge and is set for a period of six months to three years.

In connection with the entry into force on October 1, 2006 of the Federal Law of June 30, 2006 No. 90-FZ “On Amending the Labor Code of the Russian Federation, Recognizing Certain Regulatory Legal Acts of the USSR as Invalid on the Territory of the Russian Federation and Invalidated Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation” (hereinafter referred to as Federal Law No. 90-FZ), a new concept “employers - individual entrepreneurs” was introduced into the Labor Code of the Russian Federation. This interpretation imposes on individual entrepreneurs who are employers almost all the rights and obligations of organizations - employers. According to Article 303 of the Labor Code of the Russian Federation, an employer - an individual entrepreneur, being an individual, is obliged:

Issue with the employee in writing;

Pay other obligatory payments in the manner and in the amount determined by federal laws;

Issue insurance certificates of state pension insurance for persons entering the workforce for the first time.

According to Federal Law No. 90-FZ, an employer - an individual is obliged not only to draw up an employment contract (such a right arises in accordance with Article 20 of the Labor Code of the Russian Federation upon reaching the age of 18) with an employee in writing with a bilateral signing of the terms of the contract, which must include all essential conditions, but also to obtain a second signature of the employee on the contract, in confirmation of the fact that the employee received the contract.

When concluding an employment contract with an employer - an individual, the employee undertakes to perform work not prohibited by the Labor Code of the Russian Federation or other federal law, as defined by this contract.

The provisions of Article 309 of the Labor Code of the Russian Federation from October 1, 2006 oblige individual entrepreneurs acting as employers to make entries in the work books of employees, as well as draw up work books for employees hired for the first time. The exception is employers-individuals who are not individual entrepreneurs:

“The employer - an individual who is an individual entrepreneur, is obliged to keep work books for each employee in the manner prescribed by this Code and other regulatory legal acts of the Russian Federation.

An employer - an individual who is not an individual entrepreneur, does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time. A document confirming the period of work with such an employer is an employment contract concluded in writing.

From October 1, 2006, employees can demand from the entrepreneur that he not only fill out the work book that the employee has, but also write out a new one, reflecting in it the entry for employment that took place before October 1, 2006. In the light of these innovations, the obligation of the employer - an individual entrepreneur to register an employment contract with employees in the local government is excluded. At the same time, a new obligation is introduced for the employer - an individual who is not an individual entrepreneur, in notification procedure register with the local government the fact of termination of the employment contract with the employee (Article 307 of the Labor Code of the Russian Federation). However, this obligation automatically flows into the right of the employee in the event of the death of the employer or the absence of information about his place of residence within two months, as well as in other cases that do not allow continuing the employment relationship and exclude the possibility of registering the fact of termination of the employment contract. Such a right is valid for one month (Article 307 of the Labor Code of the Russian Federation).

In a written employment contract without fail all conditions essential for the employee and for the employer are included.

In this regard, innovations are becoming relevant. In particular, many questions have previously arisen about whether to include in the payment system, including the bonus system, in an individual employment contract, as this affects the calculation of income tax. The new requirement of the legislator, set out in Article 57 of the Labor Code of the Russian Federation, that the missing conditions are determined by an appendix to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract, indicates the obligation of the employer to sign the annexes to the employment contract in case of any change in the wage system.

Reduce disputes with tax authorities a new right on the types and conditions of additional insurance for an employee and the right to improve the social and living conditions of an employee and his family members.

The list of conditions and cases that allow, by agreement of the parties, to conclude has been changed. All individual entrepreneurs, without exception, have ceased to be classified as small businesses. So, employers are now classified as small businesses, with the number of employees not exceeding 35 people, there were 40 people. With the number of employees in the field retail and consumer services- not exceeding 20 people, instead of the existing 25. With pensioners by age, the employer has the right to conclude a fixed-term employment contract only on the condition that the pensioner goes to work with a new employer, but before that it was possible to replace an open-ended employment contract with a fixed-term one when the employee retires, by agreement of the parties. Creative workers now include workers not only performing works, but exhibiting them, for example, employees of galleries and museums, printers in media editorial offices, and so on (Article 59 of the Labor Code of the Russian Federation).

Particular attention should be paid to determining the moment of entry into force of the employment contract. If earlier, when signing an employment contract, the employer had to wait a week for the employee, and after that the contract was canceled, now it is one day. At the same time, it is indicated that the annulment of the employment contract does not deprive the employee of the right to receive security under mandatory social insurance upon the occurrence of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation, but it is not specified who will pay this security to the employee.

With the entry into force of Law No. 90-FZ, the list of documents that the employer is obliged to provide to the employee upon his written application has been expanded (Article 62 of the Labor Code of the Russian Federation). Now this list also includes certificates of accrued and actually paid insurance premiums for compulsory pension insurance.

Learn more about questions related tovarious types of taxation systems, taking into account changes made to tax legislation, the procedure for registering individuals as individual entrepreneurs and licensing, the procedure for conducting cash transactions by individual entrepreneurs and the procedure for using cash registers , You can find in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Individual Entrepreneurs".

"HR officer. Labor law for a personnel officer", 2009, N 4

The employer is an individual

The features of labor regulation of employees employed by employers - individuals, are due, on the one hand, to the originality of the employers themselves (they are not a legal entity), and on the other hand, to the specifics of the nature and conditions for performing the labor function.

The meaning of the term "employer - natural person"

According to Art. 20 of the Labor Code of the Russian Federation, an employer can be not only an organization, but also an individual. At the same time, it is necessary to distinguish between employers - individual entrepreneurs and persons who are not.

The first group includes employers - individuals registered in in due course as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities are subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (employers - individual entrepreneurs).

The second group of employers - individuals include employers entering into labor relations with employees in order to personal service and housekeeping assistance. This category refers to employers - individuals who are not individual entrepreneurs.

When "employers - individuals" are mentioned, both of their varieties are meant.

Next, we look at the specifics legal regulation labor of employees from employers - individuals: features related to the conclusion of an employment contract, its registration, its content, change and termination; rights and obligations of employers - natural persons and employees working for such persons.

The specifics of labor relations

The basis for the special legal regulation of the labor of persons working for employers - individuals, is the subject composition of emerging labor relations. One of the parties to the employment contract in this case is not the organization, but the employer - an individual, which, of course, requires special legal regulation. main feature consists in the fact that he himself exercises his rights and obligations in labor relations and bears independent responsibility for their implementation.

An employer - an individual must have a labor legal personality, which is characterized by age and strong-willed (ability to work) criteria.

Individuals with independent income who have reached the age of 18, but limited by the court in their legal capacity, have the right, with the written consent of the trustees, to conclude employment contracts with employees for the purpose of personal service and assistance with housekeeping.

On behalf of individuals with independent income who have reached the age of 18, but recognized by the court as legally incompetent, their guardians may conclude employment contracts with employees for the purpose of personal service to these individuals and assistance to them in housekeeping.

Minors aged 14 to 18, with the exception of minors who have acquired civil capacity in full, may enter into employment contracts with employees if they have their own earnings, scholarships, other incomes and with the written consent of their legal representatives (parents, guardians, trustees) (Article 20 of the Labor Code of the Russian Federation).

An employee and an employer - an individual can conclude an employment contract for the performance of work not prohibited by the Labor Code of the Russian Federation and other federal laws - Art. 303 of the Labor Code of the Russian Federation. This means that if the above acts do not prohibit work, then it is allowed to conclude an employment contract under which the employee undertakes to perform it.

What does an employment contract look like?

An employment contract is concluded in writing, it must reflect the conditions that are essential for the employee and the employer. The essential terms of an employment contract concluded between an employee and an employer - an individual, must be determined in compliance with the requirements of Art. 57 of the Labor Code of the Russian Federation:

Surname, name, patronymic of the employee and surname, name, patronymic of the employer - an individual who entered into an employment contract;

Information about the documents proving the identity of the employee and the employer - an individual;

Taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is vested with the appropriate authority;

Place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of an organization located in another area - place of work indicating a separate structural unit and its location;

Labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific view work assigned to the employee);

The date of commencement of work, and in the case when a fixed-term employment contract is concluded, its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;

Terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

The mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work), etc.

This contract must be certified by the signatures of the parties and registered with the local government at the place of residence (in accordance with the registration), where it is desirable to keep the third copy of the employment contract.

Registration of an employment contract

Registration of the contract has a notification character. However, the failure of an employer - an individual to fulfill the obligation to register an employment contract with the relevant local government body is a violation of the law, for which he may be held administratively liable.

The deadline for submitting the contract for registration is not set, but based on the meaning of Art. 303 of the Labor Code of the Russian Federation, local governments are given the right to independently establish the registration procedure.

As for the payment for such registration, it is free of charge. Local self-government bodies are not entitled to establish taxes and fees that are not provided for in the Tax Code of the Russian Federation, but in Art. 15 of the Tax Code of the Russian Federation in the list of local taxes and fees there is no fee "for registration of employment contracts".

Employers - individuals who are not individual entrepreneurs, very rarely conclude and register such contracts, and the emerging relations are almost completely removed from the legal sphere. Therefore, it should be noted here that the absence of registration does not invalidate the employment contract. That is, "the employer will be obliged to pay the employee wages and formalize the employment relationship with him properly. The time of work in this case will be counted to the employee in the length of service ". However, if a dispute arises and one of the parties disputes certain conditions, proving will be significantly more difficult.

Supervision and control

In addition to state supervision and control over compliance with labor legislation, which should apply to all employers, including employers - individuals, it would be advisable to empower local governments that register employment contracts with employers - individuals who are not individual entrepreneurs, with the authority to verify legality of the content of registered labor contracts.

The labor of these persons is used to perform work in the household of citizens, to provide them with technical assistance in literary or other creative activity, other types of services.

Persons working for citizens under a contract may include secretaries, librarians, car drivers, nannies, cooks, gardeners, etc. The purpose of their activities is to serve the personal and household needs of a citizen-employer.

AT last years With the development of private business, the use of hired labor by employers - individuals has acquired a fairly wide scale and goes far beyond the boundaries of the household and other personal services. The work of employees in modern conditions can bring an employer - an individual income. In these cases, the person with whom the employment contract is concluded is not a domestic worker.

If an employer - an individual employs other persons for the purpose of making a profit, then he must be registered as an individual entrepreneur (which, in terms of its status, is actually equated to legal entities). Individuals exercising in violation of the requirements of federal laws this activity without state registration and (or) licensing, but who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by the Labor Code of the Russian Federation on employers - individual entrepreneurs. In particular, such an employer is not entitled to refer to the transactions concluded by him that he is not an entrepreneur. The court may apply to such transactions the rules of the Civil Code of the Russian Federation on obligations related to the implementation of entrepreneurial activities.

As noted in the commentary to the Labor Code of the Russian Federation, ed. Professor Yu.P. Orlovsky: "An individual entrepreneur can hire any number of employees that make up a production team, each member of which performs labor function with obedience to the rules of internal work schedule". If the number of employees is large enough, then their work by its nature is no different from work in an organization (and not necessarily small). This is a typical collective work with subordination to the internal labor schedule. The resulting social relations are a classic subject labor law, and they should be regulated by the general norms of labor law. The use of special rules on the work of individuals is hardly justified here.

Obligations of an employer - an individual

The obligations of the employer - an individual are provided for in Art. 303 of the Labor Code of the Russian Federation. Some of them are common to all employers, and some have their own characteristics.

The obligations common to all employers, including employers who are natural persons, consist in the timely payment of insurance premiums and other obligatory payments in the form and in the amounts determined by federal laws; draw up insurance certificates of state pension insurance for persons entering work for the first time. The employer - an individual must also perform other duties in relation to the employee, which are provided for in Art. 22 of the Labor Code of the Russian Federation:

Follow labor law and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and labor contracts;

Provide employees with work stipulated by the employment contract;

Ensure safety and working conditions that comply with state regulatory requirements for labor protection;

Provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;

Pay in full the wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, labor contracts;

Timely comply with the instructions of the federal executive body authorized to conduct state supervision and control over compliance with labor laws and other regulatory legal acts containing labor law norms, other federal executive bodies exercising the functions of control and supervision in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, etc.

A special obligation of the employer - an individual who is not an individual entrepreneur - is the notification registration of the contract. Compliance with this procedure enables the employee to confirm the time of his work with the employer - an individual.

Employer's obligation to pay insurance premiums

Let us dwell in more detail on the obligations to pay insurance premiums and issue insurance certificates.

Employer - an individual is obliged to pay insurance premiums and other mandatory payments in the manner and amount determined by federal laws. For this purpose, the employer - an individual is obliged to register an employment contract with the executive body of the Social Insurance Fund of the Russian Federation at the place of his residence in order to insure the employee against accidents at work and occupational diseases, as well as in case of incapacity for work. According to these types of compulsory social insurance, the employer - an individual acts as the insurer of the employee. Failure to fulfill this obligation allows you to recover from the employer - an individual, contributions to the Social Insurance Fund of the Russian Federation for the entire period of work for his employee, as well as penalties established by law for failure to fulfill this obligation.

The employer - an individual is obliged to register an employment contract at the branch of the Pension Fund of the Russian Federation at the place of his residence in order to pay insurance premiums for the employee, ensuring that the time of work with the employer - an individual is included in the length of service, giving the right to a pension, as well as to receive a pension.

The failure of an employer - an individual to fulfill the obligation to pay contributions for an employee does not deprive him of the right to apply to the court with an application to establish the fact of labor relations. The terms for establishing this fact are not established by the current legislation. After establishing the fact confirming the employment relationship, the employer - an individual must be charged insurance premiums to the named funds, as well as penalties provided for by law. In this connection, the time of work with the employer - an individual is included in the corresponding insurance period. In the event of the death of the employer - an individual, the heirs are responsible for his obligations to the mentioned funds and the employee, which implies the payment of insurance premiums by them for the entire period labor activity employee at the employer - an individual.

An employer - an individual is obliged to draw up insurance certificates of state pension insurance for persons entering work for the first time. For failure to fulfill this obligation, employers - individuals may also be held liable under the measures of responsibility established by law.

Establishment of a regime of work and rest

By agreement of the employee and the employer - an individual who is not an individual entrepreneur, on the basis of Art. 304 of the Labor Code of the Russian Federation, an employment contract between them can be concluded both for a fixed and for an indefinite period.

Previously, an employment contract for a fixed period could be concluded between an employer - an individual and an employee, regardless of the type of employer - an individual. This was due to the fact that these employers could not always predict the receipt of income for a sufficiently long term. Workers may also be interested in establishing a fixed-term employment relationship with such employers (especially relevant for domestic workers), as working conditions may be unacceptable, personal animosity may develop that prevents the continuation of the employment relationship. AT such a case the employee should be as free as possible when terminating the employment relationship.

As a general rule, a fixed-term employment contract is concluded for a period of not more than 5 years. A written contract for a certain period must be concluded before the actual admission of the employee to the performance of labor duties. Evidence of the conclusion of a fixed-term employment contract before the actual admission to work may be registration with local authorities, the Social Insurance Fund of the Russian Federation, the Pension Fund of the Russian Federation before the start of the employee's performance of labor duties established in the contract. The conclusion of a fixed-term employment contract after the actual admission of the employee to work by the employer - an individual allows you to recognize this contract as concluded for an indefinite period. The continuation of the employment relationship after the end of the term of the employment contract also means the conclusion of an employment contract for an indefinite period. In this case, the employer - an individual has an obligation to register with the listed bodies the fact of continuing labor relations for an indefinite period. This fact can be registered both by notifying the employer - an individual of these bodies, and by continuing to pay insurance premiums for the employee. However, the employer - an individual is obliged to notify the local government about the continuation of the employment contract, the validity of which has expired.

In accordance with Art. 305 of the Labor Code of the Russian Federation, the mode of operation, the procedure for granting days off and annual paid holidays are determined by agreement between the employee and the employer - an individual. But at the same time, the duration of the working week cannot be longer, and the duration of paid leave less than they are established by law. An agreement on the regime of work and rest must be concluded in writing. Failure to comply with this form deprives the employer - an individual of the right, in the event of a dispute, to refer to witness testimony to confirm the employee's non-compliance with the agreement on the regime of work and rest.

In accordance with Art. 306 of the Labor Code of the Russian Federation on the change essential conditions of the employment contract, that is, contained in its content, the employer - an individual is obliged to notify the employee at least 14 calendar days in advance. Failure to comply with the written form in the event of a dispute, as in the case of failure to draw up an agreement on the regime of work and rest, also makes it impossible to refer to witness testimony to confirm the notification of the employee about a change in the essential terms of the employment contract concluded with him. The employee has the right to refuse to perform work in the changed conditions, which is the basis for terminating the employment contract with him under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation.

New version of the title and text of Art. 306 of the Labor Code of the Russian Federation provides for a change in the terms of the employment contract "defined by the parties" (and not "essential", as in the previous version). And in it in question about changing the contract by the employer.

This article is supplemented with an important provision that guarantees the employee the impossibility of unreasonable changes in his employment contract by the employer - an individual entrepreneur. Now Art. 306 of the Labor Code of the Russian Federation limits the right of such an employer to change the terms of the employment contract determined by the parties only in cases where these conditions cannot be maintained for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), with the exception of a change in the labor function of the employee. The employer is obliged to notify the employee in writing about upcoming changes determined by the parties to the terms of the employment contract, as well as about the reasons that necessitated such changes, no later than 2 months, unless otherwise provided by the Labor Code of the Russian Federation - part 2 of Art. 74 of the Labor Code of the Russian Federation.

There are no grounds predetermining a change in working conditions for employees employed by an employer - an individual. The restriction is provided only for employers - individual entrepreneurs.

Changing the terms of the employment contract determined by the parties is allowed only by written agreement of the parties (Article 72 of the Labor Code of the Russian Federation).

Several employees may have labor relations with an employer - an individual, each of which performs a labor function, stipulated by the employment contract concluded with him.

If necessary, the employer - an individual may offer the employee to perform another job (function), that is, offer a transfer to another job. There are no special features for resolving this issue in relation to the employer - an individual. Therefore, it should be decided on the basis of the general norms of the Labor Code of the Russian Federation (Articles 72, 74 of the Labor Code of the Russian Federation).

Termination of an employment contract

From Part 1 of Art. 307 of the Labor Code of the Russian Federation it follows that, in addition to the grounds provided for by the Labor Code of the Russian Federation, an employment contract with an employee working for an employer - an individual, may be terminated on the grounds provided for by the employment contract. It is impossible not to notice that the inclusion in an employment contract of additional grounds compared to the legislation for its termination at the initiative of the employer - an individual limits the constitutional right of the employee to freely dispose of his abilities to work. This restriction in accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation can only be carried out at the level of federal law. Obviously, an employment contract cannot be recognized by federal law. In this regard, the inclusion in it of grounds for the dismissal of an employee on the initiative of the employer - an individual, additional in comparison with the legislation, is in conflict with constitutional requirements. But at the same time, providing the employee additional features for the termination of labor relations with the employer - an individual by including the relevant conditions in the employment contract does not contradict the law.

Part 3 Art. 307 of the Labor Code of the Russian Federation provides for the need to register the fact of termination of an employment contract by an employer - an individual who is not an individual entrepreneur. And since, in accordance with Art. 303 of the Labor Code of the Russian Federation, such an employer must, in a notification procedure, register the concluded employment contract with local governments, and there he must also register the termination of this contract.

The employer - an individual is obliged to give the employee a dismissal order indicating in it the grounds for terminating the employment contract. The absence of this order, as well as the indication in it of the grounds for termination of labor relations, makes it possible to recognize the dismissal of an individual working for an employer as illegal and unreasonable.

Part 4 Art. 307 of the Labor Code of the Russian Federation for the first time establishes the procedure for formalizing the termination of an employment contract with an employer - an individual who is not an individual entrepreneur, in the event of his death or lack of information about his place of residence for 2 months, in other cases that do not allow continuing labor relations and exclude the possibility of registering the fact termination of the employment contract by the employer. In these cases, the employee has the right to apply within 1 month to the local government where the employment contract was registered to register the fact of its termination.

The month granted to the employee for these purposes should be calculated from the day of the death of the employer. A two-month period is set to identify other cases when the employer cannot register the termination of the employment contract.

The expiration of the one-month period granted to the employee does not deprive him of the right to apply for registration of the termination of the employment contract, and the local government body does not deprive him of the opportunity to register this fact, since the Labor Code of the Russian Federation does not prohibit this.

Article 307 of the Labor Code of the Russian Federation provides for two features of the termination of an employment contract with an employer - an individual:

1) the possibility of supplementing the generally established grounds for dismissal with grounds included in the employment contract;

2) the possibility of determining by the employment contract the terms for warning the employee about dismissal, the cases and amounts of payment of severance pay and other compensation payments.

The general grounds for termination of an employment contract are provided for in Art. 77 of the Labor Code of the Russian Federation.

Additional grounds for terminating an employment contract with an employer - an individual cannot contradict labor legislation, violate it, in particular, discriminate against an employee (Article 3 of the Labor Code of the Russian Federation).

The introduction of a provision on establishing additional grounds for terminating an employment contract with an employer - an individual is caused by the instability of his position, subject to inflationary and other unfavorable conditions in the economy.

Upon termination of a fixed-term employment contract, the employee must be warned in writing at least 3 calendar days before dismissal, except in cases where the term of the fixed-term employment contract concluded for the duration of the duties of the absent employee expires - part 1 of Art. 79 of the Labor Code of the Russian Federation.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than 2 weeks in advance - Part 1 of Art. 80 of the Labor Code of the Russian Federation.

Confirmation of the fact of labor relations

According to Part 1 of Art. 309 of the Labor Code of the Russian Federation, an employer - an individual who is an individual entrepreneur, is obliged to keep work books for each employee in the manner prescribed by labor legislation.

As for the employer - an individual who is not an individual entrepreneur, he does not have the right to make entries in the work books of employees, as well as draw up work books for employees hired for the first time. A document confirming the time of work with an employer - an individual, is a written employment contract concluded with him. The fact of working for an employer - an individual can also be confirmed by documents on the payment of insurance premiums to the Social Insurance Fund of the Russian Federation, in Pension Fund Russian Federation, a record of registration of an employment contract.

Individual labor disputes that are not settled by the employee and the employer - an individual who is not an individual entrepreneur, independently, are resolved in court (Article 308 of the Labor Code of the Russian Federation).

New edition of Art. 308 of the Labor Code of the Russian Federation applies only to employers - individuals who are not individual entrepreneurs, the former - to both categories of employers - individuals.

Also, the employee can apply for protection of labor rights and state inspection labor of the relevant subject of the Russian Federation, which can take measures to eliminate violations of labor rights by an employer - an individual, as well as bring him to administrative responsibility for violation of labor legislation.

Literature

1. Mironov V.I. Labor law: Textbook for universities. - St. Petersburg; Peter, 2008. - S. 436.

2. Labor law: textbook. Ed. Smirnova O.V., Snigireva I.O. - 3rd ed., revised. and additional - M .: TK "Velby", Publishing house "Prospect", 2008. - P. 84.

3. Ermakov S.V. Employment contract between an entrepreneur and an employee: execution and registration / Legislation. - 2005. - N 5. - S. 28.

4. Commentary on the Labor Code of the Russian Federation / Otv. ed. prof. Yu.P. Orlovsky. - M.: Law Firm "Kontrakt", "INFRA-M", 2008. - P. 919.

5. Borisov A.B. Commentary on the Labor Code of the Russian Federation. Article by article. With practical explanations and article-by-article materials. Current edition - 3rd ed. revised and additional - M.: Knizhny Mir, 2008. - S. 721 - 725.

6. Commentary on the Labor Code of the Russian Federation / Otv. ed. prof. Yu.P. Orlovsky. - M.: 2002. - S. 623. (Commentary to Chapter 48 written by T.Yu. Korshunova.)

7. Labor law: Tutorial/ Rev. ed. V.S. Berdychevsky. - Rostov n / a: Phoenix, 2002. - S. 242.

8. Commentary on the Labor Code of the Russian Federation / Otv. ed. Sidorenko E.N. - 2nd ed. - M.: Yurayt-izdat, 2006. - S. 678.

9. Anisimov A.L. Labor Relations and labor disputes. - M.: CJSC "Yusticinform", 2008. - S. 194.

L. Anisimov

Honored Lawyer

Russian Federation,

Senior Legal Counsel,

Professor

department of labor

and social law

Faculty of Law

Russian State

social university

Signed for print

Rules for the use of services and information by users of the Onlineinspektsiya.rf electronic services system carried out through the sections and pages of the Internet portal http://onlineinspektsiya.rf (hereinafter referred to as the Portal). These Rules govern the behavior of all users registered in the System and non-registered visitors of the Portal without exception. 1. Terms and concepts used in these Rules 1.1 The following terms and concepts are used in these Rules: System - the system of electronic services "Onlineinspektsiya.rf". Services are the main and additional tools offered to the User for interaction with the authorities.

I. general provisions

Monthly payments are due no later than the 15th day of the calendar month following the calendar month for which the monthly mandatory payment is charged. Individual entrepreneurs paying insurance premiums for themselves must transfer them no later than December 31 of the current calendar year. Reporting on insurance contributions to the territorial body of the FSS must be submitted before the 15th day of the calendar month following the reporting period (4-FSS). Before the 15th day of the second calendar month following the reporting period, it is necessary to submit a calculation of the accrued and paid insurance contributions for compulsory pension insurance and for compulsory medical insurance to the compulsory medical insurance funds (RSV-1 PFR).

Work for individual entrepreneurs and individuals

Attention

The employer - an individual who is not an individual entrepreneur, does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time. (clause 3 as amended by Decree of the Government of the Russian Federation of 01.03.2008 N 132) (see the text in the previous edition) 4. Information about the employee, work performed by him, transfer to another permanent job and dismissal of the employee, and also the grounds for termination of the employment contract and information on rewards for success in work.

5. Information about penalties in the work book is not entered, except in cases where dismissal is a disciplinary sanction. 6.

Chapter 9. Employer - an individual (citizen)

Moderation is the process of processing and analyzing the compliance of the User's message with the provisions of this User Agreement and the Rules for the use of services and information by users of the system of electronic services "Onlineinspektsiya.rf". The main tools are templates prepared by the Portal (containing information from the regulatory framework) for automatically sending requests to competent addressees, provided that the User indicates all the proposed information about his problem regulated by the legal field, as well as compliance with clause 3.5 of this agreement. A problem is a life situation, the solution of which is possible within the framework of authority. Federal Service on labor and employment on the implementation of federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.
2.1.

Sole proprietor - employer

The user needs to fill in the following fields about himself as an applicant: - address of residence of the applicant; — surname, name, patronymic (if any) of the applicant; - room mobile phone applicant (in the absence of a mobile phone required for registration in the System, the applicant has the right to submit an application directly to the address Email territorial body of Rostrud. The list of territorial bodies of Rostrud is placed on a single information portal Federal Service for Labor and Employment on the Internet (http://rostrud.ru/). If the User has not been previously registered on the Portal, an activation code will be sent to this specified phone number, which must be entered in a special field in the window that appears in order to activate the User's account and contact him; — email address, which will receive notifications about the progress of the problem.

The employer is an individual (citizen)

Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225). 69. All employers (including individual employers) who carry out production activities, with more than 50 employees (part two of art.

217 of the Labor Code of the Russian Federation). If an employer with less than 50 employees has not created a labor protection service or has not introduced the position of a labor protection specialist (in voluntary), then their functions are carried out by the head of the organization or the employer-individual entrepreneur.

Article 57 of the Labor Code of the Russian Federation. content of the employment contract

At the same time, these individuals who, in violation of the requirements of federal laws, carry out this activity without state registration and (or) licensing, but who have entered into labor relations with employees in order to carry out this activity, are not exempted from the performance of duties assigned to them. Labor Code RF on employers - individual entrepreneurs. Private notaries and lawyers whose professional activity, in accordance with the law, is not entrepreneurial and does not pursue the goal of making a profit (Article 1 of the Fundamentals of Legislation on Notaries, approved by the Supreme Soviet of the USSR of February 11, 1993 No. 4462-1, Article 1 of the Federal Law May 31, 2002

Rules of conduct for users on the site

So, for example, in the Volgograd region, the Law of the Volgograd region dated 07/09/2003 No. 844 was adopted and is in force! . N 155 "On the regulation of labor and other relations directly related to them in the Tyumen region." However, in most cases, the procedure for registering such employment contracts is established regulations the local governments themselves.

The question of the legality of the adoption of such acts is controversial, since in accordance with Art.

Labor relations with an individual entrepreneur

Portal - information resource, created for the purpose of interaction of citizens with the System, located in the information and telecommunication network "Internet" at the address: http://onlineinspektsiya.rf. Portal Administration - officials Federal Service for Labor and Employment and representatives of the contractor state contract for the implementation of technical support of the Portal, carrying out operational management of the Portal. User – a person registered on the Portal who is invited to use the services provided by the Portal.

Moderator – a representative of the Portal Administration who processes user messages. Registration is the process of providing data by the User for the possibility of access to the use of services and services of the Portal.
Personal data provided by the User to the Portal upon registration is protected, used and processed in accordance with the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data". 4.2. For effective use services and services, the User must correctly submit all the requested personal data. 4.3. The Administrator and moderators of the Portal reserve the right to transfer the User's personal data to the competent authorities if such transfer helps to resolve the problem. The User consents to the transfer of his own personal data to third parties for the purpose of conducting sociological surveys and other studies aimed at improving the quality of services accessed through the Portal. 4.4.
By virtue of Art. 5 of the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases", including individuals who perform work on the basis of labor contracts. Individual entrepreneurs are registered at the territorial branch of the FSS within 10 days from the date of conclusion of an employment contract with an individual, while the employer is registered under two types of insurance: in case of temporary disability and in connection with motherhood; from accidents at work and occupational diseases.
Registration of an individual entrepreneur as an insurant is carried out on the basis of an application for registration, submitted no later than 30 working days from the date of registration as an individual entrepreneur. At the same time, in the list of employees to the contract, data on the individual entrepreneur are indicated. When entering into an employment relationship with employee an individual entrepreneur is obliged to register with the fund within 30 days from the date of signing the employment contract.

After receiving a certificate of registration of an individual entrepreneur in the MHIF as an employer, the employer chooses an insurance company. Insurance Company issues a medical policy, which is kept by the employee in respect of whom a medical insurance contract has been concluded. To avoid cases of duplication of policies upon dismissal, it is imperative to withdraw the insurance policy from the employee.

S.E. Channov PhD in Law, Deputy Head of the Department administrative law and State Building of the Volga Region Academy of Public Administration named after V.I. Stolypin (Saratov)
Journal "Personnel Management", No. 6, 2010

A number of features has work for employers - individuals. In principle, all employers - individuals are divided into two groups: individual entrepreneurs and individuals who are not individual entrepreneurs. The former use workers to carry out entrepreneurial activities and ultimately make a profit, the latter - for the purpose of personal service, household assistance, technical assistance in creative work etc.

The first group of employers - individuals is much more numerous than the second. According to Art. 20 of the Labor Code, this includes persons duly registered as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities. In accordance with Art. 23 of the Civil Code, a citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur. In terms of its capabilities in economic relations, an individual entrepreneur is in many respects close to legal entities. Accordingly, the Labor Code of the Russian Federation in labor relations, as a rule, establishes the same rules for individual entrepreneurs as for organizations. Nevertheless, labor legislation still provides for certain features of the implementation of labor activity by individual entrepreneurs.

The number of individuals who employ workers for personal service and the like is much smaller. In addition, they often prefer not to formalize labor relations with employees at all. At the same time, Chapter 48 of the Labor Code of the Russian Federation establishes the most significant features of the implementation of labor activity for work with these employers.

Features of concluding an employment contract with an employer - an individual

Article 303 of the Labor Code of the Russian Federation regulates the procedure for concluding an employment contract with an employer - an individual. In accordance with it, when concluding an employment contract with an employer - an individual, the employee undertakes to perform work not prohibited by the Labor Code of the Russian Federation or other federal law, defined by this agreement.

A written employment contract must include all the conditions that are essential for the employee and the employer.

In this case, the employer - an individual is obliged:

draw up an employment contract with an employee in writing;
pay insurance premiums and other obligatory payments in the manner and in the amount determined by federal laws;
draw up insurance certificates of state pension insurance for persons entering work for the first time.

The employer - an individual who is not an individual entrepreneur, is also required to notify the employment contract with the employee at the local government at the place of his residence (in accordance with the registration). Employers - individual entrepreneurs are currently not required to register employment contracts with employees.

The emergence of this requirement is explained by the need to ensure the protection of the rights of employees working for employers - individuals who are not individual entrepreneurs. Moreover, in accordance with Art. 309 of the Labor Code of the Russian Federation, an employer - an individual who is not an individual entrepreneur (unlike an individual entrepreneur), does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time. Therefore, the only document confirming the period of work with such an employer is an employment contract concluded in writing and registered by local governments.

At the same time, the application of the norm on the registration of labor contracts concluded with employers - individuals, meets in practice a number of difficulties. First of all, it should be noted that the Labor Code of the Russian Federation, as well as other federal laws, by imposing on these employers the obligation to register an employment contract with an employee in a local government body in a notification manner, did not fix the corresponding obligation of local government bodies to carry out this registration. Meanwhile, the registration of employment contracts with employers - individuals does not fall under the lists of issues of local importance, enshrined in Art. 14, 15 and 16 of the Federal Law "On general principles organizations of local self-government in the Russian Federation” and are exhaustive. This power is not transferred to local governments and as a separate state one according to the rules of Art. 19 of the same law.

Accordingly, the status of this authority is unclear and local authorities may refuse to register these contracts. Nevertheless, practice shows that local governments usually prefer to exercise such "controversial" powers. Also unclear due to insufficient legislative regulation is the question of which local governments should register labor contracts. The above article 303 of the Labor Code of the Russian Federation establishes that the employment contract is registered by the local government at the place of registration of the employer - an individual. However, since in the Russian Federation there is, as a general rule, a two-tier model of local self-government, in the same territory there are most often local self-government bodies of both a municipal district and a settlement. In practice, in most cases, this is done by the district authorities. However, in principle, a situation may arise when the registration of an employment contract from an individual will be required by municipal authorities of both levels.

Finally, at the federal level, the issues of the procedure and terms for registering employment contracts with individual employers, the possibility and grounds for refusing to register them, etc. have not yet been resolved. In some regions of the Russian Federation, this gap is filled by the adoption of relevant laws of the constituent entities of the Russian Federation. So, for example, in the Volgograd region, the Law of the Volgograd region dated 07/09/2003 No. 844 was adopted and is in force! . N 155 "On the regulation of labor and other relations directly related to them in the Tyumen region." However, in most cases, the procedure for registering such employment contracts is established by the regulations of the local self-government bodies themselves. The question of the legality of the adoption of such acts is controversial, since in accordance with Art. 5 of the Labor Code of the Russian Federation, local governments have the right to adopt regulatory legal acts containing labor law norms, within their competence in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, however All these federal acts do not contain indications of the possibility of local self-government bodies regulating the issues of registering employment contracts with employers - individuals, while regional ones, as noted above, are far from being adopted on this issue everywhere.

However, in the absence of legal regulation at the federal and regional levels, municipal rule-making remains the only way to resolve the above issues. Examples of such acts include the Decree of the Mayor of the city of Saratov “On Approval of the Regulations on the Registration of Employment Contracts of Employers — Individuals with Employees”1, the Resolution of the Head of the Stavropol District of the Samara Region “On Approval of the Procedure for Registration of Labor Contracts Concluded by an Employee with an Employer — an Individual on Territory of Togliatti”2, Decision of the Ulan-Ude City Council of Deputies “On Approval of the Rules for Registration of Employment Contracts Concluded by an Employee and an Employer – an Individual”3, etc.

Some local governments have attempted to introduce a fee for the registration of employment contracts. This practice was recognized as illegal, since, according to Art. 12 of the Tax Code of the Russian Federation, local governments are not entitled to establish local taxes and fees that are not provided for in the Tax Code of the Russian Federation. The issue of the possibility of local governments to refuse to register labor contracts with individuals, for example, in case of contradiction of their provisions with labor legislation, remains controversial both in theory and in practice. The laws of some subjects of the Russian Federation indicate the possibility of such a refusal, in others this issue is not resolved.

Local self-government bodies in their activities also solve this issue in different ways. Some refuse to register contracts that do not meet the requirements of the Labor Code of the Russian Federation or even establish excessively low wages for employees4. Other such contracts are registered, but at the same time they notify the facts of violations of the employer. Still others notify not only the employer, but also the supervisory authorities.

Finally, most local self-government bodies are completely excluded from assessing the legality of registered labor contracts. It seems that, taking into account the fact that, according to the direct instructions of Art. 303 of the Labor Code of the Russian Federation, registration of employment contracts with employers - individuals who are not individual entrepreneurs, is of a notification nature, refusal to register such an agreement due to its inconsistency with labor legislation is illegal.

The content of employment contracts with employers - individuals

The content of employment contracts with employers - individuals, we note that it also has a number of features. So, in accordance with Art. 304 of the Labor Code of the Russian Federation, an employment contract between an employee and an employer - an individual who is not an individual entrepreneur, can be concluded both for an indefinite period and for a fixed period by agreement of the parties. This feature, which in principle somewhat infringes on the rights of an employee, is due to the fact that an individual who is not an individual entrepreneur may often need an employee only for a certain period (for example, for the summer season). In addition, it is more difficult for such employers to predict their income, allowing them to hire workers, in the long term. Finally, when concluding an employment contract for the performance of personal duties (housekeeping, babysitting, etc.), the establishment of personal relations between the employee and the employer is of great importance, respectively, the latter should be able to dismiss the employee who does not suit him after a certain period.

As for individuals - individual entrepreneurs, Chapter 48 of the Labor Code of the Russian Federation does not provide for any features of concluding fixed-term employment contracts. However, they can also unmotivatedly conclude fixed-term employment contracts by agreement with the employee if the number of their employees does not exceed 35 people (in the field of retail trade and consumer services - 20 people) according to the general rule established by Part 2 of Art. 59 of the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation provides the employer - an individual and the employee with ample opportunities to determine the regime of work and rest. In accordance with Art. 305 of the Labor Code of the Russian Federation. The mode of operation, the procedure for granting days off and annual paid holidays are determined solely by agreement between the employee and the employer - an individual. At the same time, the guarantee of observance of the rights of the employee is the rule that establishes that the length of the working week in any case cannot be longer, and the duration of the annual paid leave is less than those established by the Labor Code of the Russian Federation.

As an exception to general rule, the employer - an individual can change the terms of the employment contract determined by the parties by notifying the employee about this not two months in advance, but only 14 days in advance. At the same time, natural persons acting as employers who are not individual entrepreneurs can change the terms of the employment contract without justification. Sole proprietors are associated general requirements Part 1 Art. 74 of the Labor Code of the Russian Federation.

Termination of employment contracts with individual employers

Finally, the greater freedom of an employment contract concluded with an employer - an individual, also lies in its ability to establish additional, in comparison with the Labor Code of the Russian Federation, grounds for its termination.

When concluding an employment contract, an employer - an individual may indicate in it any dismissal of an employee, with the exception of clearly discriminatory ones. The latter can, for example, be recognized: “marriage”, “pregnancy”, “retirement age”, etc. It should also be remembered that labor legislation establishes a limitation on the possibility of dismissal of certain categories of employees at the initiative of the employer (for example, persons with family responsibilities). Therefore, regardless of what grounds for termination of the employment contract were indicated in the employment contract concluded with the employer - an individual, he cannot, for example, dismiss a pregnant woman, except in accordance with the requirements established by Art. 261 of the Labor Code of the Russian Federation. As a result, employers who are individuals who are not individual entrepreneurs are practically deprived of the opportunity to terminate an employment contract with an employee who is a pregnant woman, even if they no longer need the services of this employee and are unable to pay him his wages on time.

It is also exclusively an employment contract between an employer - an individual and an employee that determines the terms of the notice of dismissal, the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract. An employer - an individual who is not an individual entrepreneur, upon termination of an employment contract with an employee, is obliged to notify the termination of the said contract with the local government body in which this employment contract was registered. The Labor Code of the Russian Federation does not answer the question “what to do?” if the local government that registered the employment contract has been liquidated by the time this contract is terminated (for example, in the event of the abolition of the municipality).

Apparently, in this case, the employer needs to apply to the local government body, to which the rights and obligations of the liquidated body have been transferred.

The law also provides for the possibility of applying to the local government in which the employment contract was registered to register the fact of termination of this employment contract and the employee. This is possible in the event of the death of the employer - an individual who is not an individual entrepreneur, or the absence of information about his place of residence for two months, in other cases that do not allow continuing the employment relationship and exclude the possibility of registering the fact of termination of the employment contract due to general rules. At the same time, the legislator does not establish how and by whom in such cases the fact of the absence of information about the place of residence of the employer - an individual within two months should be established and proved.

Individual labor disputes that are not settled by the employee and the employer - an individual who is not an individual entrepreneur, independently, are considered exclusively in court.