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Alexander2016-10-03 12:34:55
Law in IT
Alexander, 2016-10-03 12:34:55

Can an individual entrepreneur work in parallel on labor in an organization as an employee?

Can an individual entrepreneur work in parallel with a labor contract in an organization as a regular hired employee (not an individual entrepreneur), and how will the labor record be kept? The main activity will be considered his activity in an individual entrepreneur or in an organization?

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Dmitry Dart, 2016-10-03
@inviziblll

Maybe
The activity of the individual entrepreneur is not recorded in the labor itself. So it will usually be conducted as for any other person.
What is the main activity? It is important for girls in the case of calculating maternity leave (I don’t know the details of the calculation here), otherwise you just work as an individual entrepreneur and pay taxes and mandatory contributions at the end of the year as an individual entrepreneur from this activity.
There are 2 options with a salary:
First
You receive the salary on the card of an individual and the employer also pays the necessary contributions to the funds from it. The activity is regulated by an ordinary labor contract, you get an entry in the labor contract.
Second
You are paid a salary to the IP account, from this amount you have to pay taxes of 6 or 15% (depending on the chosen system), the employer is from yours. Better for you and your employer. But the activity here will most likely be regulated not by an employment contract, but by a certain contract for the performance of work with other conditions for breaking off relations. In this case, an employment record will not be paid (maybe it can be made, more detailed legal advice is needed here). In this case, the employer simply acts as a client, a customer for an individual entrepreneur, and you as a contractor.

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