An individual entrepreneur has the legal right to use hired labor. In this case, an employment relationship arises between the employer and employee, which must be formalized on the basis of current legislation. Working for an individual entrepreneur without registration is a violation of the labor code and threatens both parties with administrative penalties. What are the consequences of working as an individual entrepreneur without formalizing an employment relationship? What are the fines and who faces for this? Let's figure it out.

The nuances of working for an individual entrepreneur

An individual entrepreneur, acting as an employer, has the following responsibilities:

• drawing up an employment contract with all of your employees;
• registration of insurance documents for pension insurance (applies to employees who got a job for the first time in their lives);
• timely payment of insurance premiums for its employees and making other payments required by law;
• provision of working conditions that do not contradict the norms of the Labor Code of the Russian Federation (payment for vacations, sick leave and lunch time).

If a person has not entered into an employment contract with an entrepreneur, then punishment for working without registering as an individual entrepreneur is provided for both parties. A businessman - for violating the Labor Code, and an employee - for conducting work activities without paying taxes.

When getting a job with an individual entrepreneur, a person may encounter some features that differ from working conditions in budgetary organizations:

1. Working hours and rest periods are specified in the employment contract. At the same time, the total working time per week should not exceed the norms of the Labor Code of the Russian Federation. The amount of paid leave can be changed downwards and divided into small periods (for example, one week per quarter).
2. Termination of an employment contract - the Labor Code of the Russian Federation provides for a specific list of reasons why an employment relationship may be terminated. An individual entrepreneur has the right to draw up an agreement at his own discretion and include certain clauses in it that may become reasons for dismissal.
3. The Labor Code of the Russian Federation provides for the period within which the employer must notify the employee of dismissal (2 weeks). The amount of severance pay is also determined depending on the reason for dismissal. When working for an entrepreneur, an employee may not receive financial support if there were no such clauses in the contract. Giving notice of dismissal 2 weeks in advance is also not the responsibility of the employer, unless this is agreed upon in the contract.

An entrepreneur is not required to register employment contracts with local authorities.

If you work for an individual entrepreneur without official registration

The legislation provides for a period of 3 days of working time without formalizing an employment relationship. To continue activities, it is necessary to draw up an employment contract. Otherwise, fines are provided for working without registering as an individual entrepreneur:

• absence of an employment contract – 5-10 thousand rubles;
• incorrect registration of labor relations – 5-10 thousand rubles;
• using civil relations instead of labor relations – 5-10 thousand rubles;
• repeated violations – 30-40 thousand rubles.

The main reason why entrepreneurs do not formalize employment relationships with their employees is the reluctance to pay pension contributions and taxes for them. However, the responsibility for working without registering as an individual entrepreneur is becoming stricter every year, so working unofficially has become unprofitable for both parties.

There is a category of people who deliberately refuse official registration. The reasons for this may be various, ranging from personal beliefs to lack of registration and permission to engage in work activities. Such citizens are specifically looking for a list of works without registering as an individual entrepreneur. In fact, such a list does not exist, since each person must be employed on the basis of current legislation. People must understand that the absence of a formalized employment relationship deprives them of any social guarantees (vacation, sick leave, pension), and they are also not legally protected in the event of material disputes.

An entrepreneur can simply not pay wages and avoid responsibility. It is important to know the dangers of working without registering as an individual entrepreneur, and also that such a practice is not welcomed by decent businessmen.

The regulatory framework governing labor relations in the Russian Federation is quite extensive and not all citizens can fully understand it. This entails a misunderstanding of some situations. In particular, many do not know whether an individual entrepreneur can work with an individual entrepreneur? This happens often, so knowing the answer to the question is not just useful, but necessary.

Since individual entrepreneurship is not considered a legal form of business registration, it means that an individual entrepreneur is an individual who has at his disposal the attributes inherent in legal entities, for example:

• checking account.

By the way, they are not mandatory.

Many people believe that since the name of the legal form contains the word “individual”, then all entrepreneurial activities of the individual entrepreneur must be carried out individually. This is certainly not the case.

Individual entrepreneurs are not required to work alone in their company; they can hire employees and form a staff of workers.

True, for this you will need to prepare documents for employment - conclude employment contracts.

The minimum number of employees that an individual entrepreneur working on a patent must have is 5 people. Individual entrepreneurs on UTII or simplified tax system can have a staff of no more than 100 people. If an entrepreneur crosses this threshold by even one, he will move into the category of medium-sized companies (from 101 to 250 people) and will lose all preferential working conditions. Firms with more than 250 employees are classified as large.

This is what the “gradation” of the number of jobs looks like, determined by the scale of the individual entrepreneur’s activities.

Director at IP

As noted above, an individual entrepreneur is not prohibited from hiring employees and appointing them to various positions, including senior management positions.

These include, for example:

1. CEO.
2. Executive Director.
3. Financial Director.
4. Commercial Director.
5. Technical Director.
6. Director of Marketing/HR/Logistics/Quality.

The list goes on for a long time. It is important to understand the following: an individual entrepreneur can indeed have a director. The entrepreneur himself appoints him. True, all responsibility for what is happening in the company (especially for the financial condition and ability to pay debts) is still borne by its owner, and not by the hired personnel.

In the event of bankruptcy of a company, the individual entrepreneur, and not the manager, remains liable for the obligations.

In practice, there are very rarely cases when a citizen, after registering an individual entrepreneurship, appoints other persons to management positions. Most often, he himself is the head of his company.

Companies that have directors or other top management are most often legal entities.

An individual has the right to work under an employment contract and at the same time register as an individual entrepreneur and engage in business.

Exceptions include civil servants:

• officials;
• employees of the Russian Armed Forces;
• prosecutors;
• employees of the Ministry of Internal Affairs.

If a citizen is officially employed and at this time registered an individual entrepreneur, then he is not obliged to inform the employer about his additional status. Moreover, he does not have to leave his current position. The activities of individual entrepreneurs are not recorded in the work book; only records of work under an employment contract are entered into it. Information about a citizen as an individual entrepreneur can only be found in the state register. It is issued upon special request.

Employers, by the way, are initially interested in working with citizens not as employees, but as entrepreneurs fulfilling the terms of the contract. This is primarily due to the economic benefits of both parties.

The employer is obliged to make insurance contributions for the employee, and he also needs to pay for vacations, sick leave, and a social package.

When working with an individual entrepreneur, all these aspects disappear: the individual entrepreneur pays his own fees.

A citizen working as an individual entrepreneur in this case also receives economic benefits. If he works on the simplified tax system of “6%”, then he must pay only 6% as tax on the profit received, and not 13% (this is the income tax for the employee). Although in this case it is necessary to take into account that the individual entrepreneur does not have labor guarantees.

However, this type of cooperation, which is unprofitable for the state in terms of tax revenue, can be considered by the Federal Tax Service as an attempt to evade paying taxes by unjustifiably replacing labor relations with civil law ones. Of course, during legal proceedings the law often sides with entrepreneurs, but this does not always happen.

To avoid such problems with tax authorities, entrepreneurs should carefully consider drawing up a cooperation agreement.

It should not contain language that is typical of an employment relationship rather than a business relationship.

These include:

1. Job titles and corresponding chain of command. In business relationships there are customers and performers, but not bosses and subordinates.
2. Salary, tariff rate or compensation. The performer’s work is paid upon achieving the final result, which is provided for in the contract.
3. The contractor's obligations to comply with the rules established by the company for which he works.
4. Social package, creation of working conditions.

If these aspects are absent from the contract concluded between entrepreneurs, then it will be difficult for tax authorities to defend their case in court.

An individual entrepreneur working under an employment contract enjoys all the privileges provided for by law: medical and pension contributions to state funds, regular payroll, paid vacations and sick leave.

Hiring an individual entrepreneur for work under an employment contract

There may be cases when an already registered individual entrepreneur gets a job under an employment contract. The work of an individual entrepreneur for an individual entrepreneur is not prohibited by law. There is also no need to close the IP. Just keep in mind that the status of an entrepreneur does not provide any privileges during a job interview.

For the employer, it does not matter whether he enters into an agreement with an ordinary citizen or with an individual entrepreneur. If an individual entrepreneur hires an individual entrepreneur, then according to the standard procedure he will settle accounts with the employee and state funds and pay contributions for him.

According to the clauses of the legislation of the Russian Federation regulating the responsibilities of individual entrepreneurs, an individual with this status must pay insurance premiums for himself.

From the above it follows that for an entrepreneur working under an employment contract, both his employer and he himself are obliged to make contributions to the Pension Fund and the Social Insurance Fund. All this will ultimately affect, for example, the size of the pension (in a positive direction).

An individual entrepreneur is required to pay insurance premiums for himself even if he does not receive any profit from the business.

True, there is an exception in the form of grace periods when an individual is not able to conduct business.

These include:

• service in the RF Armed Forces;
• care for a child up to 1.5 years old/a person over 80 years old/a disabled person.

Also, individual entrepreneurs who are spouses of diplomatic mission employees or contract military personnel who are unable to find employment for 5 years may not pay insurance premiums for themselves.

In 2019, the minimum insurance premium for an individual entrepreneur is 32,385. If his income exceeds 300,000, then another 1% above this limit is added to the minimum level. For example, with an income of 600,000, an entrepreneur will have to pay a total of 35,385 (+3,000).

If an individual entrepreneur has a staff of employees, then he is obliged to contribute a total of 30% of payments under employment contracts to insurance funds for them. There are completely legal ways to reduce these contributions.

How to hire an individual entrepreneur? Since an individual entrepreneur does not have any privileges, due to his status, when hiring under an employment contract, then he must be employed as an ordinary employee.

The standard procedure occurs in 8 stages:

1. Obtaining consent from the future employee for the processing and storage of personal data (this aspect is discussed in detail in Chapter 14 of the Labor Code).
2. Carrying out introductory work to familiarize yourself with labor protection rules and other work processes. Registration of a citizen in a journal (this item is described in Article 212 of the Labor Code of the Russian Federation).
3. Familiarization with calculation deadlines, as well as other conditions affecting the work process.
4. Conclusion of an employment contract.
5. Issuing an order to hire a citizen and familiarizing him with the document.
6. Signing a document assigning financial responsibility to the employee (if he deals with the storage of property).
7. Registration of a personal card and work book.
8. Registration of an individual entrepreneur as an employer in state funds.

What needs to be conveyed to the employee in point 2:

• general information about the activities of the entrepreneur;
• labor safety standards (according to the legislation of the Russian Federation);
• concepts of working time and rest;
• working conditions, presence of harmful factors, if any;
• rules of employee behavior in the workplace;
• the procedure for issuing special protection, if required;
• circumstances of accidents in the workplace, procedures for action when they occur;
• liability for violation of the charter/instructions;
• fire safety rules;
• rules of first aid for victims.

Article 67 of the Labor Code of the Russian Federation states that an employment contract is concluded no later than 3 days from the moment the employee is allowed to perform any duties.

In practice, the document is often signed before the citizen begins to perform the assigned work, in order to avoid any problems.

How to register an individual entrepreneur to work for an individual entrepreneur?

In order for an entrepreneur to be able to hire a person with a similar status, the latter must submit the following documents:

• passport/its notarized copy;
• work book;
• military ID (if available);
• diploma/certificate of education;
• pension insurance certificate;
• conclusion of a medical commission (for the conditions specified in Article 212 of the Labor Code);
• certificates of no criminal record from a narcologist, psychiatrist (when concluding an employment contract with a minor);

In most cases, individual entrepreneurs are prohibited by law from requiring other documents.

An entrepreneur can enter into an employment contract with his employee, which is divided into two classifications:

1. By urgency: urgent, concluded for an indefinite period.
2. According to the presence of a probationary period: with a probationary period, without a probationary period.

The presence of a probationary period allows an individual entrepreneur to assess the possession of the required skills of a potential employee. If they do not satisfy him, then the entrepreneur has the right to terminate the concluded contract under the relevant article of the Labor Code.

After hiring an employee, he must be registered with the Pension Fund of the Russian Federation (within 10 days), as well as with the Social Insurance Fund (within a month) and the Mandatory Medical Insurance Fund (within 30 days).

The periods indicated in brackets are counted from the moment the citizen is hired.

A circle of persons is identified, the conclusion of an employment contract with whom requires a special approach.

These include:

• minors;
• Foreign citizens;
• disabled people;
• people combining several jobs (part-time work).

When employing minors, you must take into account the following:

1. An employment contract is concluded with persons under 16 years of age who have no medical contraindications.
2. Persons under 15 years of age can only enter into a contract for light work.
3. When signing an employment contract with teenagers 14 years old, it is necessary to obtain documented consent from their parents/guardianship authorities.

Minor employees are entitled to an annual medical examination at the expense of the employer, as well as a part-time work schedule.

When employing foreign citizens, an individual entrepreneur must require from them:

• migrant patent (not required for citizens with refugee status, as well as for those who have a residence permit in the Russian Federation);
• temporary residence permit;
• voluntary health insurance policy.

When hiring a foreign citizen, an individual entrepreneur must notify the FMS at the place of registration of the entrepreneur within 3 days using a registered letter. The same applies when it is necessary to fire an employee.

When employing disabled people, individual entrepreneurs must take into account not only the recommendations indicated in their rehabilitation card, but also the mandatory benefits:

1. Shortened working week (for disabled people of groups I and II).
2. 30 days of additional leave.
3. Additional days off without pay (60 days per year).

Next, you need to decide who the part-time workers are. These are persons who, in their free time from their main job, perform other regular paid work.

For them, the employer does not have the right to set a working day of more than 4 hours.

Some believe that labor legislation also provides for special working conditions for pensioners, but in fact this is not the case. Those who are on well-deserved retirement are treated like ordinary employees without any benefits.

Labor legislation generally prohibits the establishment of any restrictions for pensioners.

You can start working at the age of 16 (sometimes from the age of 14), and you can retire:

• women over 55 years old;
• men over 60 years old.

However, retirement at this age is not mandatory. A citizen has the right to continue working in his current position or get another job, for example.

A part-time employment contract cannot be concluded with minors if the work involves driving vehicles or hazardous conditions.

As a result, it is important to understand the following points:

1. Individual entrepreneurs are allowed to hire employees and appoint management personnel.
2. You can simultaneously work under an employment contract and at the same time register as an individual entrepreneur. In this case, you do not need to quit your job, nor do you need to notify your employer of registration.
3. An individual entrepreneur can work under an employment contract, but even then he is not exempt from mandatory insurance payments (with the exception of some cases described above). His employer is also obliged to pay insurance premiums for the individual entrepreneur. All this will be taken into account when applying for a pension, for example.
4. The minimum amount of insurance payments for an individual entrepreneur per year is 32,385.
5. When applying for employment, the status of “individual entrepreneur” does not give a citizen any privileges compared to other potential employees. How can an individual entrepreneur hire an individual entrepreneur? Individual entrepreneurs are hired as an ordinary citizen according to the rules established by the Labor Code of the Russian Federation.

Can an individual entrepreneur hire an individual entrepreneur for work? Yes, as an ordinary employee fulfilling the terms of the employment contract.

Everything that is not prohibited by law is permitted. This principle also applies to answering the question of whether an individual entrepreneur can officially work at another job. However, let’s look at the nuances that may arise.

Can an individual entrepreneur combine activities and work according to the law?

The answer to this question lies in the concept of the term “individual entrepreneur” itself. It can be seen here dual status, since , and a business entity.

If you have your main official place of work, but at the same time want to try to start your own business, then the legislator does not limit you in this endeavor (exceptions include civil servants).

Notify management There is no need to say that you have opened your own business. You must decide for yourself whether this is prudent and appropriate for you. Some companies even welcome it when an employee opens his own individual entrepreneur. This exempts the employer from making monthly insurance contributions from the employee's salary. Also, the businessman is not provided with a social package, i.e., vacations and sick leave are not paid. And a newly opened entity may not be bound by internal labor regulations, and in some cases even pay less taxes to the budget.

As an employer, do not abuse such situations so that the tax authorities do not perceive this as an attempt to hide taxes. The fiscal authorities believe that in this case the employment contract is being replaced by a civil law one.

And if all this is not interesting to you, then you can calmly continue to work further without informing about your new type of activity. State bodies do not have the right to demand the provision of documents other than those provided for. Therefore, do not worry that you may be required to provide a work record book or a certificate from your place of employment.

In the case when you want to open a business at your main place of work, the main thing will be how much time and energy you have to combine these types of activities without damaging each other.

Let's consider the opposite situation, when a businessman is not very successful and decides to get a better job. profitable official job or is simply looking at a completely different type of activity and wants to see it from the inside.

An individual entrepreneur can work both on the basis of an employment contract and a civil law contract.

In this case, the procedure for placing him in an official place of work is standard. It is necessary to write an application on the basis of which an order will be issued and an entry will be made in the work book. The accounting department will make all deductions as from an employee. Payment of insurance premiums for an entrepreneur “for himself” remains a prerequisite, as well as payment of taxes and timely submission of tax reports. It is also important to remember that even if no activity is carried out and no income is received, it is mandatory to pay contributions to the Pension Fund and submit reports to the tax authorities. In this case, there are only certain specific periods of time and circumstances that allow this payment not to be made.

In 2016, the amount of payment for yourself is (with an annual income of up to 300 thousand rubles) – 23153.33 rubles for 12 months.

The fact that you are an entrepreneur must be reported when applying for a government job. This is the case when the business will need to be closed.

Thus, the answer to the question whether an individual entrepreneur can work at another job is positive.

At pension calculation All contributions received to the account of the insured person will be taken into account. That is, both deductions made by the employer and the individual entrepreneur’s own deductions for himself will be taken into account.

Exceptions to the rule

As always, there are exceptions to any rule.

The legislation of the Russian Federation prohibits the following categories of employees from engaging in individual entrepreneurship:

• State (civil, municipal) employees - personally or through proxies;
• Judges, deputies;
• Police officers;
• Deputies.

This restriction was established in order to prevent the commission of corrupt acts by persons in authority.

Also, persons who:

• have not reached the age of majority;
• are incompetent;
• have already been registered as an individual entrepreneur, and such registration has not lost force;
• were declared bankrupt or, by a court decision, forcibly stopped their business activities and one year has not passed since that moment;
• by a court verdict, they are deprived of the right to engage in entrepreneurial activity for a specified period, which has not expired.

Work book - how to fill it out

Procedure and filling out a work book provided for by the Labor Code of the Russian Federation. As a general rule, information about the employee’s work activity is entered into it. Since an entrepreneur cannot be an employee for himself, then, accordingly, he does not enter any information about his entrepreneurial activities.

Important: an individual entrepreneur does not issue a work book for himself.

All information is located in the Unified State Register of Individual Entrepreneurs. Only information about hired work is entered into the work book. Considering that he pays himself all the necessary deductions. The presence of work experience is confirmed by data that can be taken from the Pension Fund.

The countdown of an entrepreneur's work experience begins with date of registration of an individual as an entrepreneur and ends with the date of deregistration.

The opposite situation is when an individual entrepreneur is an employee for another employer. In this case, all information is entered in the manner prescribed by law. That is, on the day of hiring and dismissal, appropriate entries and order numbers are made confirming the specified information.

And if you start working for hire, then the information that he carried out entrepreneurial activities also does not need to be entered into the work book.

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Small and medium-sized businesses are always relevant and developing despite the crisis, but many people are concerned about the question: can an individual entrepreneur work in another job? Individual entrepreneurship is a complex activity that allows you to have a high income by investing your own funds and taking various risks. Many try to join the ranks of entrepreneurs, but the fear of losing their property forces them to keep a stable job. Most often this happens at first. Promoting your own business takes up most of your time, and hiring takes a back seat. When deciding to start their own business, people think about how they can combine their own business with their previous job.

Legislative side of the issue

Art. 18 of the Civil Code of the Russian Federation states that every citizen has the right to start any business activity that is not prohibited by law.

The only important conditions are:

• age of majority;
• rights of a citizen of the Russian Federation.

That is, if you are not a citizen of the Russian Federation, to start doing business you must obtain permission from the Federal Migration Service of the Russian Federation.

Art. 23 of the Civil Code of the Russian Federation states that entrepreneurial activity is possible when the registration of an individual entrepreneur is completed. However, the important point here is that the registration of the organization will not be carried out under the guise of an OJSC or LLC (not as a legal entity).

Chapter 1 of the Civil Code of the Russian Federation states that even an officially working citizen can, according to the conditions, register his own individual entrepreneur. In other words, there is no prohibition on these actions.

Before you decide to open your own business, you need to obtain information about what features and difficulties you will have to face at the time of registering an individual business if a person is already employed.

How to register an individual entrepreneur if a person works?

Those who are engaged in government activities cannot apply to open their own business:

• civil servants;
• law enforcement officials;
• specific individual entrepreneurs: notaries or lawyers;
• persons who have committed official or property crimes.

There are obstacles to registering an individual entrepreneur in the absence of legal capacity, that is, if a citizen is under 18 years of age (although officially, according to the legislation of the Russian Federation, you can work from the age of 16). The age limit is decided by marriage.

A citizen may also be declared incompetent in court proceedings. These include persons requiring control and supervision. These are those who have an alcohol or drug addiction (this also includes gambling addicts). That is, removal of incapacity is possible only in court after appropriate verification.

For all other citizens of the Russian Federation, registration of an individual entrepreneur and its registration are quite achievable goals. However, you should understand that starting a business is not an easy task. Therefore, before starting an activity, it is important to weigh the pros and cons and pay attention to your preparation, both moral, physical, and material.

The organization of entrepreneurial activity and permanent work will need to be smoothly combined, so experts and experienced businessmen recommend that at first you direct all your efforts to registering an individual entrepreneur. This can be done while on vacation from your main job. Otherwise, a large flow of information and limited time will make themselves felt. You will be less focused and disoriented. In the future, you will be able to wisely allocate time for both types of activities. The concept of “individual entrepreneurship” includes such significant and mandatory personal qualities as:

• pursuit of a goal;
• self-organization and discipline;
• excellent situational awareness;
• quick problem solving;
• self-sacrifice.

Perseverance and focus on results are the main key to a successful business. You need to be prepared for this in order to eliminate possible risks and unforeseen expenses.

Entrepreneur and employee of a certain activity

Entrepreneurial activity as a way to earn additional income is prohibited for the following representatives of parliamentary employment:

• in the State Duma of the Russian Federation;
• municipal assembly;
• Federal Assembly;
• deputies, chairmen and secretaries of assembly deputies.

Other persons engaged in parliamentary activities are allowed to register individual entrepreneurs.

Entrepreneur and employee of a budget organization

Many people are interested in the question: can a person who works in a company or enterprise that is state or commercial property open an individual entrepreneur? Here it is important to understand the difference between the concept of a wage worker and a state worker.

For example, a medical worker at a private hospital will not be a government employee and can start doing business, and a doctor at the Sanitary and Epidemiological Station will no longer be able to register an individual entrepreneur. In other words, employees of territorial or local government bodies (health care, education) cannot be individual entrepreneurs.

The impact of business registration on actual labor relationships

In fact, having your own individual entrepreneur does not have any impact on your main employment.

Once a business activity has been registered, there will be no changes in the receipt of wages, pensions and other contributions. That is, new obligations will not appear.

As for the work book, data on the activities of hiring an employee are recorded in it. That is, it does not include records about the registration of individual entrepreneurs, the progress and termination of activities.

In other words, the business sector and the wage sector never influence each other. In this case, a separate calculation of work experience and taxation is carried out.

The entrepreneur and the employer do not “mix” both sectors.

The employer himself may never know that his employee has started running his own business. This can be indicated by advertising of individual entrepreneurs’ activities. The employer's reporting procedures will not reveal that the employee is an individual entrepreneur. All information about those who conduct business activities is entered into a special state register of the Unified State Register of Individual Entrepreneurs. This is what the tax authorities do. To obtain information about running an individual entrepreneur, you will have to write an official application to the tax service, pay a state fee and wait for a response.

What to expect when registering a business activity

Registration of your own individual entrepreneur involves the appearance of some important obligations:

• preparation and submission of reports;
• provision of payments according to the type of taxation system.

That is, a hired worker will spend a lot of time free from his main job on running an individual entrepreneur, so if the decision to register a business activity has been made, then it is important to know its disadvantages. On the other hand, in some cases there is an urgent need to register your own individual entrepreneur.

Necessity factors:

1. Only when registering a business activity will a license, permit or patent be obtained. This option is not available for individuals.
2. It is extremely important to carry out a major PR campaign. Again, an individual will have difficulties with this.
3. In the case where clients and consumers cannot pay only in cash. That is, they need cashless payment and receipt of a receipt or sales receipt for a purchase or order.

As a result, registration of an individual entrepreneur for a person who is already employed is possible. But it is important to know all the subtleties and features of the design, weigh the strengths and opportunities for doing business and part-time work, calculate the risks, and only then contact the authorities for registering individual entrepreneurs.

Many people think about how to expand their financial capabilities and therefore, along with official work, try to engage in personal entrepreneurship. But in order not to work in the shadows, such entrepreneurs want to register an individual entrepreneur. And in this case, a logical question arises: is it possible to open an individual entrepreneur when a person is officially employed?

We must understand that the answer to this question must be sought not only in the legal plane. This raises questions of both organizational and psychological nature. There are many of them; they can only be answered by considering each case individually. But the main problems are:

• How beneficial is it really for a person to open an individual entrepreneur while having an official position in another company;
• does a person have enough strength, time and other resources to combine two activities;
• if the employer becomes aware of the employee’s individual entrepreneur, how will he react to it.

However, these are too complex questions that are beyond the scope of this article. Therefore, we will limit ourselves to the legal side of the matter and try to find out what the legislator’s position is in relation to a working entrepreneur.

Restrictions on opening an individual entrepreneur

So, what does the law think about the desire of a working person to open an individual entrepreneur? He does not have a definite answer to this question, but there are some restrictions under which such a person definitely cannot start his own business. Such restrictions include the following nuances:

1. Incomplete legal capacity of a citizen. The law states that a citizen’s full legal capacity begins at the age of 18. From the same age he can open an individual entrepreneur. But it is fashionable to start working at a younger age - from 16 years old. Consequently, if a working citizen who has not yet turned 16 years old wants to open an individual entrepreneur, he will be denied due to his incomplete legal capacity. Please note that this restriction is easily circumvented if such a citizen marries. Even if he is under 18 years old, upon marriage, he is recognized as fully capable. Another option is to undergo the emancipation procedure, that is, the court recognizes a minor as fully capable.
2. Limited legal capacity of a citizen. It can only be recognized by a court. This happens in cases where a person, in principle, can engage in work activity, but due to some abuses he cannot always control himself. Such people include drug addicts, alcoholics, gambling addicts and other citizens. They cannot engage in entrepreneurial activity until they are recognized as legally capable.
3. Direct restrictions on engaging in such activities may also be established when a court decision finding a person guilty of committing official crimes or crimes of a property nature has entered into force. In this case, a person can work for hire without hindrance.
4. A direct ban on engaging in entrepreneurial activity is imposed on persons holding positions in municipal or government services.
5. Also, a person who is employed in a number of specific positions does not have the right to register an individual entrepreneur. For example, notaries, lawyers.
6. A non-resident of the country or a stateless person cannot engage in entrepreneurial activity unless he has the appropriate permission from the FMS.

In other cases, a working citizen can open an individual entrepreneur.

Deputy question

One of the most exciting questions is whether deputies can engage in entrepreneurial activities? On the one hand, the law directly prohibits registering an individual entrepreneur for a person who holds an elected position. Accordingly, such persons include:

• deputies of all levels who perform duties permanently (secretaries, deputy chairmen, deputies);
• deputies of the Federal Assembly of the Russian Federation;
• deputies of the State Duma of the Russian Federation;
• heads of municipalities;

Other deputies can engage in similar activities.

Budget worker and entrepreneurship

As already mentioned, a civil servant cannot open his own business. But it turns out that this does not apply to all employees who are employed at state or municipal enterprises. It all depends on the level of the organization.

For example, a teacher working in a school is not considered a civil servant. Therefore, it is quite possible for him to conduct a private practice or engage in other entrepreneurial activities. And at the same time, if a teacher works in a local education department, he is already automatically recognized as a civil servant, which means he has no right to register an individual entrepreneur. In the same way, the situation is considered with doctors in hospitals who can conduct business activities, and with doctors-employees of the territorial body of Roszdravnadzor, who are prohibited from such activities.

IP and labor relations

So, we found out that in a number of cases it is possible to register an individual entrepreneur, even if he is already employed in some position in another organization. Now let's look at how the fact of entrepreneurship will affect this employment relationship.

In fact, the fact of entrepreneurship has absolutely no effect on the entrepreneur’s labor relations. He does not have any new responsibilities or restrictions; he continues to receive wages and make all necessary deductions from it.

The employer should not include information about his personal business activities in the employee’s employment form, since it is not within the scope of the employment contract. And in the work book, all entries are made solely on the basis of such an agreement.

Accordingly, this information cannot intersect anywhere. That is, if an employee does not want to advertise his entrepreneurial activities to the employer, he may well succeed, since the reporting does not overlap anywhere. The only source from which information can leak is open advertising of business activities.

All information about entrepreneurs is collected and stored in the Unified State Register of Entrepreneurs. To obtain data from there, you need to contact the tax service with a special application and pay the established amount.

When should you register as an individual entrepreneur?

Before registering an individual entrepreneur, an employee must think carefully and weigh everything. This matter has its own nuances. For example, regardless of the type of business activity, its success, or the taxation system, an individual entrepreneur must submit reports and make the necessary payments. This requires additional time resources. If you are ready to do this, then you can register.

Sometimes it is simply necessary to register an individual entrepreneur. This occurs in situations where:

• clients need a check, a receipt for a transaction, or they cannot pay in cash;
• it is necessary to conduct a large-scale advertising campaign;
• To carry out entrepreneurial activities, you must have the appropriate license, and this document is not issued to individuals.

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