If the employee is registered in another city and works in another. How to register an employee if he works in another city, but a separate subdivision has not been created there

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Our organization (Moscow) wants to hire an employee from another region (city) as a sales representative (manager) to work in the specified region. The employee is registered in the specified region. Questions: 1. Can we hire him as an individual without registering a representative office (separate subdivision) in the IFTS of that region.2. If so, how to arrange it correctly so that we pay him a salary through our organization in Moscow, pay him certain expenses and report for him and his activities as part of the reporting submitted by our organization at the place of registration in Moscow.3. In this case, is it necessary for the employee to arrange a business trip from Moscow to the region and pay, in addition to salary, compensation for certain expenses, also “travel allowances”?4. How should and should the hired employee in this case additionally report to the IFTS (funds) at the place of registration for his work in our organization.

  1. The Labor Code provides for a special category of workers - remote workers. Will it occur or not separate subdivision It is a matter of organizing the work of an employee. If you rent a room for a period of more than 30 days to perform his work, then most likely a separate subdivision arises, and, as a result, there is an obligation to register it with the tax office. If the employee will work at home or on the road around the city, then a separate subdivision does not arise.
  2. Conclude labor contract with an employee. Upon admission, ask to provide the usual set of documents: an identity document, SNILS, education documents. Recording in the work book when working remotely is not mandatory. Documents can be signed in the personal presence of the employee, documents can be exchanged by mail. And you can - with the help of electronic digital signatures. An employment contract can provide for compensation for expenses for Internet services, use of personal property, etc. You can pay expenses in the usual way - through a sub-report. In this case, it will be necessary for the employee to send original documents confirming expenses by mail.
  3. No, for an employee, the place of work can indicate his home address. Therefore, no business trips arise in this situation and the payment of travel expenses will not be required. Another thing is if the employee is sent to perform his duties in another area - then it will be necessary to arrange a business trip.
  4. No reports to the IFTS or funds at the employee's place of work in this case no need to submit. The employer must account for all employees at the location of the organization.

How to issue labor Relations with a remote worker

There are two ways for an employee to work outside the office:
- home work;
- remote work.

The differences between home work and remote work are given in the table.

Teleworkers are subject to general rules labor legislation (part 3 of article 312.1 of the Labor Code of the Russian Federation).

At the same time, labor relations with such employees have their own characteristics, which are regulated by:

  • chapter 49.1 Labor Code RF;
  • Law of April 6, 2011 No. 63-FZ, which describes the procedure for obtaining an electronic signature and exchanging electronic documents between an employee and an employer.

Suppose a person lives (permanently or temporarily) abroad or stays outside the territory of Russia. In this case, it is impossible to conclude an employment contract on remote work; a civil law contract should be drawn up. And this applies to both Russians and foreign citizens(stateless persons).

The reason is simple - the labor legislation of our country does not apply outside of Russia. Provide safe conditions labor the employer can not with all the desire. And if so, then the requirements of articles and the Labor Code of the Russian Federation are violated.

Such clarifications are given in the letters of the Ministry of Labor of Russia of February 17, 2016 No. 14-2 / ​​B-125 and Rostrud of February 26, 2016 No. ТЗ / 437-6-1.

Situation: whether remote employees should be included in the staff of the organization

Yes need.

The staffing table reflects the structure, staffing and staffing of the organization's employees (, section 1 of the instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Any exceptions to the inclusion of positions (professions) of remote employees in staffing labor law does not. Thus, remote employees must be included in the staff of the organization.

Situation: whether a separate subdivision arises at the place of work of a remote employee

No, it doesn't.

It is explained like this.

Recruitment

A remote employee must submit the same package of documents for employment as a regular employee. The difference is that a remote employee can submit these documents not only in person, but also in electronic form (part 3 of article 312.2 of the Labor Code of the Russian Federation).

If an employee submits documents to in electronic format, the organization may additionally require to send notarized copies by mail by registered mail with notification (part 3 of article 312.2 of the Labor Code of the Russian Federation).

For its part, the employer, even before concluding an employment contract, must familiarize the employee with local acts (Rules work schedule, Regulations on bonuses, etc.) organizations. This can be done by exchanging electronic documents with an electronic signature between the employer and the remote employee. This follows from the provisions of part 5 of article 312.1, part 5 of article 312.2 of the Labor Code of the Russian Federation, Law of April 6, 2011 No. 63-FZ.

Further, formalize the relationship according to the general rules established by labor legislation, in compliance with the requirements of the Labor Code of the Russian Federation. Namely:

The relationship between a remote employee and an employer is regulated by an employment contract (Art. , Labor Code of the Russian Federation). When making it, be guided by:
- general rules for concluding a contract;
– special rules that relate to labor relations with remote employees ().

It is not necessary to start a work book for a remote employee, even if the employee gets a job for the first time. Write down the agreement to refuse to issue and fill out the book in the terms of the employment contract.

In the absence of information about remote work in work book the main document confirming the labor activity and seniority of a remote employee will be his copy of the employment contract.

Such rules are established by part 6

If the employee still wishes to have a record of remote work entered in his work book, he should:
- or bring a work book in person;
- or send the booklet to the employer by registered mail with notification.

Such rules are established by part 7 of article 312.2 of the Labor Code of the Russian Federation.

The current legislation does not require to indicate the remote nature in the employment record in the work book. Therefore, make an entry in the general manner (Instructions approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

As a general rule, if an employee gets a job for the first time, then the employer is obliged to issue him an insurance pension certificate (clause 3, article 9 of the Law of April 1, 1996 No. 27-FZ).

However, when hiring a remote employee whose employment contract is concluded by exchanging electronic documents, a special procedure applies. Such an employee applies to the territorial office of the Pension Fund of the Russian Federation and receives a certificate on his own (part 4 of article 312.2 of the Labor Code of the Russian Federation).

The employee transfers the received certificate to the employer in electronic form, as well as other documents that he presented when applying for a job (part 3 of article 312.2 of the Labor Code of the Russian Federation).

Mode of work and rest

The remote employee sets the mode of working time and rest time at his own discretion. But if the nature of the work requires the employee to perform work on certain days or hours, then the specific mode of work should be fixed in the employment contract or additional agreement to him. For example, in the contract you can make an entry: “The employee is set to work from 8.00 to 17.00. The duration of the lunch break is 1 hour. The specific time of the lunch break is set at the discretion of the employee. This conclusion follows from the totality of the provisions of the articles, the Labor Code of the Russian Federation.

Provide annual and other types of leave to remote employees according to general rules. At the same time, fix the procedure for granting holidays (types, duration) in the employment contract (). For example, an entry in the contract may look like this: "The employee is provided with an annual basic paid leave of 28 calendar days according to the vacation schedule."

Electronic Document Interchange

If a remote employee needs to apply to the employer with a statement, provide explanations or transfer other information, then he can do this in electronic form (for example, by e-mail), certifying their appeal with an electronic signature.

For electronic document exchange, both the employee and the employer must have an enhanced qualified electronic signature. Such signatures are issued in specialized certification centers.

Also, a remote employee may need copies of documents related to work. If the employee's application does not expressly state that the documents can be provided electronically, the employer should send them by registered mail with notification. In any case, copies must be sent no later than three working days from the date of receipt of the request from the employee.

This procedure is provided for in Article 312.1 of the Labor Code of the Russian Federation.

Insurance payments

A remote employee has the right to receive all insurance payments on a general basis: hospital allowance, maternity allowance, etc. To receive them, the employee sends the employer the relevant original documents (disability certificates, certificates) by registered mail with notification.

Such rules are established by parts 6–8 of Article 312.1 of the Labor Code of the Russian Federation.

If the idea of ​​looking for a job in another city has already occurred to you, read our recommendations to greatly simplify the process of your out-of-town employment.

Getting mentally prepared...
… and we take the first step not for train or plane tickets, but for the Internet. We study all available information about the region where we want to go: the labor market, the cost of renting housing, salary levels, etc. Compare conditions in different regions and choose the most suitable ones.

If you are a citizen not of Russia, but of another country, keep in mind: Russian employers consider resumes of candidates from neighboring countries quite carefully, but are not always ready to accept foreign citizens for work. Some companies do not have the opportunity to provide the applicant with housing, others are not allocated quotas for attracting foreign specialists. In your case, it would be right to first find out how the issues of registration of foreign citizens in Russia are legally regulated on the official website of the FMS of Russia.

First we “move” to the resume
It’s not difficult to start looking for a job in another city if you know what “ticks” to put on your resume and what cherished words to write to the employer. For example, if you are looking for a job in several cities at once (suppose your own and some others), in the line of your resume "City of residence" indicate the city where you live now, and in the "Personal information" block in the "Moving" section, mark "Ready" and select all the cities you are ready to go to. If there are no specific preferences, only the “Ready” mark is sufficient. It widens the circle potential employers: Employers in your city and in others, where they are ready to hire non-resident candidates, will be able to find resumes.

In the "Additional Information" field of your resume, you must indicate whether you are ready to take care of finding housing and registering in the city where you are going to work, or vice versa - you are looking for a job with housing. It would be useful to indicate the timing of a possible move for information to the employer.

If we go to Moscow
If, like the well-known Chekhov heroines, you are drawn to move only “To Moscow! To Moscow!”, then in the “City” field it is better to write “Moscow” right away. In this case, only metropolitan employers will see your resume in the database. But in the “Additional Information” field, it would still be nice to indicate where you live now, why you want to move, whether you are ready to take care of organizing accommodation, and when you are ready to arrive at your future job.

If we are going to work on a rotational basis
To search for a job on a rotational basis, in the resume, you need to indicate the city of your residence, the item “Ready to move” and the type of employment “on a rotational basis” (section of the resume “Wishes for work”). Other wishes - to the work schedule (for example, 30 days after 30), working conditions, etc. - Specify in the "Additional information" field.

Going towards the employer
The resume has been published, but we do not let things take their course: we are looking for vacancies in cities of interest to us on our own, we respond to suitable options rather than just waiting for employers to find us themselves. Superjob has a convenient search page for this - to get the necessary selection, you need to specify the desired city, type of employment, salary, etc.

How to write a cover letter correctly
Starting a conversation with an employer cover letter, do not forget to write in it in detail and taking into account the specific vacancy, write about your desire to work in this particular city, in this position and in this company. If you are particularly interested in the vacancy, you can once again emphasize that you are ready to take care of your own accommodation, explain how soon you are able to start working. It does not hurt to tell in more detail about your professional experience and about your previous place of work. It must be understood that the employer is unlikely to have all the information about companies in other cities. You should not get carried away with abbreviations and names that are understandable only to local residents (WHATTOTAM&TP&TD - such a name is unlikely to say much to people from the outside). You need to clearly and clearly explain what the profile of your previous job was, what place the company occupied in the market, etc.

Be sure to write whether you are ready to come for a face-to-face interview or conduct it, for example, via Skype - help the employer to get a clearer picture of you and make a positive decision!

Arranging a remote interview
There are a lot of employers, it can be difficult and expensive for a candidate to come to another city for a conversation with each of them. Modern computer programs (such as Skype, etc.) can solve this problem. Perhaps, at first, a recruiter or an HR will be satisfied with a telephone conversation. Naturally, for a more in-depth contact, you still have to come to the employer in person.

As for the primary, then you need to prepare for it in the same way as for the usual one. For example, prepare possible questions, dress appropriately, remove foreign objects or pets from the room during a video call, ask children or other family members to leave. By the way, about counter questions to the employer. Your situation is special and requires a special approach: you definitely need to ask all the important questions to the recruiter, but try not to bring down a lot of requests and conditions on him already at the first stage of interaction.

Show advantages over local candidates
Prepare in advance the answer to the question of how you can be useful to the company, try to give the most specific and comprehensive answers at the interview. For example: “When are you ready to start work?” “As soon as I finish my business at my current location. The journey will take so much time, so in so many days I will be able to go to work.” Such an answer is good not only because you show yourself as a responsible person, but also in exact terms. The vague “well, probably in a couple of months ...” will be perceived much worse.

During the interview, you should not discuss with the recruiter (except in cases where he himself does not ask you about it) the everyday nuances of moving, telling how much the ticket costs, what you are ready to transport and how you are going to live. Provide the minimum information that is significant for the company: do you have housing in a new place, are you moving alone or with your family, etc. By and large, the employer does not care who you are and where you are from - he just needs good worker. By requiring a special approach to yourself, you obviously lose to less picky candidates.

However, in each case, everything is decided individually, and a professional will eventually find a decent job and an adequate employer. The main thing is to go to the goal. If something does not work out, we are always ready to help each of you. Write to us through the feedback system on the site, describe your problems and wishes. We will advise you on how to find suitable offers, compile a selection of vacancies, advise on how best to rewrite or format your resume so that your job search is successful.

Good luck! And let any changes in your life happen only for the better!

Almost all trade and production organizations there are employees who represent the interests of the company in other cities. This contributes to the promotion of the company in the market. However, the registration of labor relations with such workers raises many problems.

Employees of the company working in other cities can be, for example, sales representatives, repairmen for warranty repairs of equipment sold by the company, specialists in the provision of audit and consulting services. It is clear that if the organization is located, say, in Krasnoyarsk, and the employee will permanently work in Novosibirsk, it is easier to hire a resident of Novosibirsk than to permanently send an employee from Krasnoyarsk there or pay for him to move there for permanent residence. In addition, a local resident knows the regional market conditions better. The law does not prohibit an employer from hiring employees who will permanently reside in another city and perform their labor duties there.

The ways of formalizing labor relations with employees who work in other cities will differ depending on their official duties. So, if an employee sells the goods of the company in his city and periodically travels to the head office, then we can say that he has a traveling nature of work. If he produces the company's products at home, he can be registered as a homeworker.

Traveling employees work there is no specific workplace, since the whole point of their work lies in the constant movement within a certain territory. At the same time, such employees periodically visit the office of the organization, where they report on completed tasks, draw up various documents, take goods, and receive wages.

In the employment contract with such an employee, it is necessary to provide for the condition that his work is of a traveling nature in the territory of a certain city. At the same time, the employee does not need to pay for each trip separately, because constant movement is the usual mode of his work. As a rule, allowances are set for the traveling nature of work.

For an employee working in another city, you can create a separate division. In accordance with Article 11 of the Tax Code, any subdivision, territorially separated from the organization, in which stationary workplaces are equipped, can be isolated. From the point of view of tax legislation, this is, of course, the most acceptable option, but a number of difficulties are associated with it. First, the organization must register with tax authority at the location of its new branch or representative office. Secondly, workplace need to be equipped and maintained, and for one worker it may be irrational. For example, if a specialist in warranty service for photographic equipment works in another city, the company will have to rent a room for a workshop for him, provide the master with tools, install a telephone, etc.

In addition, among lawyers, disputes do not subside about whether one workplace is enough to organize a branch. In our opinion, there should be at least two jobs for this, since Article 11 of the Tax Code mentions them in the plural.

homeworkers also work outside the office, but their work has a different specificity. According to Article 310 of the Labor Code, homeworkers are persons who have concluded an employment contract for the performance of work at home from the materials of the employer and on its equipment or from their own materials and using their own tools. The homeworker can perform tasks both alone and with the participation of family members.

Homeworkers work mainly in the production of goods and services (for example, making souvenirs, coloring flower pots, accounting services). Thus, it is possible to provide in the employment contract a condition that he acquires the equipment and components on his own, and finished products send by mail or courier delivery. If you think that the homeworker will still have to visit the central office from time to time, add the following clause to the contract: the employer is obliged to reimburse the costs that the employee may incur in connection with the performance of work. Expenses are reimbursed on the basis of the submitted documents (tickets, checks, etc.).

It is best to transfer the salary of a homeworker to a bank account. In an employment contract, this condition may look like this: Wage The employee is transferred on the 15th and 1st of each month to the bank account specified by the Employee.

Due to the fact that the manager cannot control the work of such an employee, you can prescribe in the employment contract the obligation of the employee to independently keep track of his working time, as well as comply with labor protection rules.

So, an employee in another city can be registered as an employee with a traveling nature of work or as a homeworker, depending on what labor functions assigned to him. In the first case, you can create a separate subdivision for him in another city and equip a stationary workplace. Do not frame the employee's periodic trips to and from the location of the organization as business trips, as they are not. You will have to assign part of the employer's control functions to an employee in another city. Namely, to oblige him to independently keep records of hours worked.

Almost all commercial and industrial organizations have employees who represent the interests of the company in other cities. This contributes to the promotion of the company in the market. However, the registration of labor relations with such workers raises many problems. The concept of the employee's workplace and the pricing of his periodic trips to the city where the head office is located.

Almost all commercial and industrial organizations have employees who represent the interests of the company in other cities. This contributes to the promotion of the company in the market. However, the registration of labor relations with such workers raises many problems. What will be considered the employee's workplace and how should his periodic trips to the city where the head office is located be regarded? Let's answer these questions.

Employees of the company working in other cities can be, for example, sales representatives, repairmen for warranty repairs of equipment sold by the company, specialists in the provision of audit and consulting services. It is clear that if the organization is located, say, in Samara, and the employee will constantly work in Astrakhan, it is easier to hire a resident of Astrakhan than to permanently send an employee from Samara there or pay for him to move there for permanent residence. In addition, a local resident knows the regional market conditions better.

However, everything is not so simple. You need to think about how to organize the workplace of a representative in another region, how to keep track of his working time and control the execution of tasks. And most importantly - how to arrange his trip to the employer's office.

The ways of formalizing labor relations with employees who work in other cities will differ depending on their job responsibilities. So, if an employee sells the goods of the company in his city and periodically travels to the head office, then we can say that he has a traveling nature of work. If he produces the company's products at home, he can be registered as a homeworker.

Let's consider these options in more detail.

What is a workplace?

In accordance with Article 209 of the Labor Code of the Russian Federation, a workplace is a place where an employee must be or where he needs to arrive in connection with his work activity. As a rule, the place of work is any room. For example, office, warehouse, workshop, garage. It is directly or indirectly under the control of the employer. There are two categories of workers whose jobs fall out of sight of the management of the organization: employees with a traveling nature of work and homeworkers.

Traveling nature of work

Employees with a traveling nature of work do not have a specific workplace, since the whole point of their work lies in constant movement within a certain territory. At the same time, such employees periodically visit the office of the organization, where they report on completed tasks, draw up various documents, take goods, and receive wages.

AT employment contract with such an employee, it is necessary to provide for the condition that his work is traveling in nature on the territory of a particular city. At the same time, the employee does not need to pay for each trip separately, because constant movement is the usual mode of his work. As a rule, allowances are set for the traveling nature of work.

Sometimes employers arrange trips of employees from other cities to the company's head office as business trips. In our opinion, this is incorrect. Why? Let's see.

In accordance with Article 166 of the Labor Code, a business trip implies that the employee constantly works in the office (at a factory, warehouse, etc.) and sometimes travels to other cities to perform some tasks. Here it turns out the opposite: the employee leaves the city where he lives and works, to the place where the employer's office is located. Such a trip cannot be called a business trip. Expenses for it will not be recognized as justified from the point of view of tax legislation and will not reduce the taxable base for income tax.

And if we consider trips from the location of the employer to the place of work as business trips? It is also not suitable, because in this case there is a risk of not meeting the deadlines established by law. The fact is that a business trip cannot last more than 40 days, not counting the time spent on the road **. Longer business trips (up to a year) are provided only for installation, commissioning and construction works. It is difficult to comply with this rule in our case. If an employee permanently resides in the city where he works, it turns out that he is on a business trip all the time.

Branch with one employee

For an employee working in another city, you can create a separate subdivision. In accordance with Article 11 of the Tax Code, any subdivision, territorially separated from the organization, in which stationary workplaces are equipped, can be isolated. From the point of view of tax legislation, this is, of course, the most acceptable option, but a number of difficulties are associated with it. First, the organization must register with the tax authority at the location of its new branch or representative office. Secondly, the workplace needs to be equipped and maintained, and for one employee this may turn out to be irrational. For example, if a specialist in warranty service for photographic equipment works in another city, the company will have to rent a room for a workshop for him, provide the master with tools, install a telephone, etc.

In addition, among lawyers, disputes do not subside about whether one workplace is enough to organize a branch. In our opinion, there should be at least two jobs for this, since Article 11 of the Tax Code mentions them in the plural.

We quote the law

1. A representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of the legal entity and protects them.

2. A branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

3. Representative offices and branches are not legal entities. They are endowed with the property of those who created them. legal entity and act on the basis of the provisions approved by him.

Heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney.

Representative offices and branches must be indicated in the constituent documents of the legal entity that created them.

Article 55 of the Civil Code of the Russian Federation

home work

Homeworkers also work outside the office, but their work has a different specificity. According to Article 310 of the Labor Code, homeworkers are considered to be persons who have entered into labor contract about doing work at home from the materials of the employer and on his equipment or from his materials and using his tools * . The homeworker can perform tasks both alone and with the participation of family members.

Please note that homeworkers work mainly in the production of goods and services (for example, making souvenirs, painting flower pots, grooming dogs). But if by nature labor activity your out-of-town employee is a homeworker, try to make sure that he does not have to travel to the head office, because again it is not clear how to regard and pay for such trips.

The way out of this situation can be, for example, as follows: to provide in employment contract the condition that he purchases the equipment and components on his own, and sends the finished products by mail or courier delivery. If you think that the homeworker will still have to visit the central office from time to time, add the following clause to the contract: the employer is obliged to reimburse the costs that the employee may incur in connection with the performance of work. Expenses are reimbursed on the basis of the submitted documents (tickets, checks, etc.).

It is best to transfer the salary of a homeworker to a bank account. AT employment contract this condition may look like this: "The salary of the Employee is transferred on the 15th and 1st of each month to the bank account indicated by the Employee."

Under the conditions of self-control

The specifics of the work of an employee in another city also lies in the fact that the manager cannot control his work, because such an employee is not constantly in sight. In this matter, you will have to rely on the employee himself. Write in employment contract the obligation of the representative to independently keep records of his working time and comply with labor protection regulations.

So, an employee in another city can be registered as an employee with a traveling nature of work or as a homeworker, depending on what labor functions are assigned to him. In the first case, you can create a separate subdivision for him in another city and equip a stationary workplace. Do not book the employee's periodic trips to and from the location of the organization as business trips, because they are not. You will have to assign part of the employer's control functions to an employee in another city. Namely, to oblige him to independently keep records of hours worked.

** Clause 4 of the Instruction of the USSR Ministry of Finance, the USSR State Committee for Labor and the All-Union Central Council of Trade Unions dated April 7, 1988 No. 62 "O business trips within the USSR". The document is valid in the part that does not contradict the Labor Code.
* For more details about the work of homeworkers, see the Regulation on working conditions for homeworkers, approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of September 29, 1981 No. 275 / 17-99. The document is valid in the part that does not contradict the Labor Code.

Problem

Hello! I work for an LLC as a Sales Consultant. The LLC itself is located in Arkhangelsk, my place of work is in another city in the region. I have been working since the opening of the store, i.e. since the end of last year, but the contract has not yet been seen. We are assured that we have been registered since March 1, 2015. Part of the salary comes to us on the card, we take part from the cash desk. I took a bank statement on the card, it says that these receipts are salary. Documents for registration were sent to the address of the accountant in electronic form, too, for a long time. Until now, I have not had a work permit (should the employer have one for me?).

From August 17, 2015 I am going on maternity leave. On the advice of the employees of our local administration, I sent a letter to the legal address (the legal entity in which the LLC is registered is not my boss and does not participate in the work of the LLC itself at all) of the employer that I was going to get a loan. Therefore, I need documents in accordance with Article 62 of the Labor Code of the Russian Federation (I also attached copies of all documents required for registration to this letter). I did this in order to check whether I am officially registered, and maybe still get my employment contract.

I have not yet officially notified my superiors about my position. But there is a possibility that he knows, because. his son came to us for help.

Are my actions correct? And is there anything else I can do?

I just do not quite understand where you sent a request for the issuance of documents to you. You must send a request to the head of the legal entity in which you work.

If you work in one legal entity, but sent a request to another, even if these two persons, one is subordinate to the other, but this is not reflected in the documents, it is not fixed, then you will simply be given a notice that you are not an employee in their legal entity, and write to tell you to contact your employer, while, like, they do not know who your employer is.

In general, you need to send an application-request for the issuance of documents related to your work to the name of the head of your legal entity, your employer. That's why I recommend that you request this data from your accountant, as well as look at the bank statement and store documents, find it on the website tax office registration data.

After all, you are not the only one working in the store, how are other employees registered, who is listed as the Employer in their TD ?!

This woman, for whom the LLC is registered, has nothing to do with it at all. It's just designed for her. And my immediate supervisor and the owner of the shops is a completely different person.

She lives in Arkhangelsk, in fact, this address is recorded as a legal one. And the main store and accounting are located in Mirny. And I don't know this address.

There are three of us working. All of us have been working since the opening of the store. Therefore, the situation is practically the same for everyone.

Anna, let's do this, no one is interested that the LLC is registered as a front person, it will not even be interesting to the tax office and the police until it turns out that, for example, money is “laundered” or transferred through this LLC abroad.

In your situation you need:

  1. Find out who your employer is?!;
  2. For this employer to conclude a TD with you.

And now it’s your task to find out who your employer is, you won’t have assistants here, you must provide the employer’s data to any structure that you apply to, including to the court. You yourself created your situation by not formalizing an employment relationship. How to find out who your employer is and what address you should contact with the requirement to formalize an employment relationship:

  1. If you have a seal in the store, look at this TIN seal. And by TIN, find out who your employer is on the website of the tax office - http://egrul.nalog.ru;
  2. Perhaps one of your colleagues has an employment contract, so look who the employer is, his registration data;
  3. You indicated that there is an accountant, the accountant knows exactly on behalf of which legal entity this store operates;
  4. The store must have a head (manager), who also knows which legal entity is registered, his details.

I won’t help you anymore, our citizens create their own situations, but, all the more so, you don’t need to expect a miracle from the consultation, that after the consultation, you will be given a conclusion about who your employer is and all the registration data, this will definitely not happen. Search and find out, you will.

And yet, if the LLC, to which your store is registered, is registered to a front person, this person is the founder and / or director, then all documents will have to be drawn up with this legal entity, with this LLC, because. another legal entity, which, like, this store really belongs to him, i.e. like, the parent organization, this is all without evidence, and they will answer you that the LLC under which this store is listed has nothing to do with them, they will provide all registration documents as proof, and everything will be legal.

And accordingly, they will refuse you, as an employee, stating that you need to apply to your employer for a solution to your situation, i.e. to the legal entity (LLC), to which this store is registered.

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