The explanation about possibility and an order of change of the status of members of a farm on the status of hired workers of a farm is given.
Members of a farm can’t be hired workers in the same farm – the standard of the Law No. of 973 (Art. 3) so says. Members of a farm though work in an economy and on them service records are kept, however as hired workers aren’t considered. Therefore members of an economy are deprived of some privileges according to the personal income tax, namely is right:
• on NSL;
• the tax credit according to the personal income tax;
• reduction of the taxable income by the sum of contributions by social insurance.
Unfairly? But it is so provided by the law.
Whether and members of a farm can change the status and to become hired workers?
Yes, can. Let’s consider, how it is correct for making.
The algorithm of actions in such situation will be following:
1) registration of secession of members fermerskogo farms;
2) registration of labor relations with an economy.
Let’s consider each of actions in more detail.
Stage 1. Registration of secession of members of a farm.
Members of a farm have the right prekratit the membership in an economy. This conclusion osnovyvaetsya on standards of the item "e" p.1 Art. 14 and h. Zayokon No. 973 Art. 20. And at secession of members of an economy at leaving there is a right chasti farm property. Size prichitayushhejsya shares and order of its receiving opredelyayutsya farm charter.
The order of secession of members of a farmer hoyozyaystvo accurately isn’t regulated by the legislation, nevertheless the matters should be predusmotreny in the economy charter (h. 4 Art. 1 of the Law No. 973).
Usually in practice secession of members of a fermeryosky economy is made out as follows.
• The leaving member of an economy submits the application a sobrayoniya of members of a farm (or to other supreme body of management of an economy, predusmotyorenny the charter). The statement is considered on a soyobraniye and exit date, and also term and an order of payment of a due share to the leaving member of an economy affirms.
• After an exit of the member of an economy, it is possible that the feryomersky economy should make changes to the charter as, as a rule, in the charter the structure of members of an economy is reflected. Changes in the charter are subject to the state registration (Law No. 755 Art. 29).
For this purpose to the state registrar predstavlyayutsya following documents:
- the filled registration card (the form No. 3 approved by the Order No. 67);
- the original or a notarized copy a resheyoniya of meeting of members of a farm about a vneyoseniye of changes in the charter;
- charter original;
- two copies of changes in the charter (in the form of priloyozheniye to the existing charter or the charter in noyovy edition);
- the payment document on payment of the registration fee (its sum for registration of changes in ustav according to Art. 10 of the Law No. 755 makes 51 UAH.);
- notarially certified statement of the member of a fermeryosky economy for secession of members of an economy.
Documents can personally move to the state registrar or go by mail. In this case the signature on a registration card should be notarially certified.
The state registration of changes in the charter osushhestvlyaetsya within three working days from the moment of obtaining all documents for registration.
As on all members of a farm service records are kept, in case of the termination of membership in an economy record should be brought in the service record about it which subscribes by a predyosedatel of a farm. Besides, such record should make sure the signature of the dolzhnostyony person of local body of the state ispolniyotelny power and be assured by the press of this body (Instruction No. 58 item 1.1 and 4.1).
Stage 2. Registration of labor relations with a feryomersky economy.
For employment registration future rabotyonik files necessary documents, predusmotrenyony the Labour Code (the passport, the service record, the reference with idenyotifikatsionny number, and in some cases, when necessary according to the legislation, also the document on education, medical spravku and the military ID), and writes the job application.
The chairman of a farm (or upolnomoyochenny to them the person) issues the order on employment of the employee and signs with it written trudoyovy the contract.
In the service record of the new worker record about employment is brought in a farm and ukazyvaetsya its position according to Klassifikatoyor of professions of a recreation center 003:2005.
Take into consideration: from the moment of employment of the "former" member of a farm on it all rights and privileges, preyodusmotrenny the labor law, in a chastyonost will extend:
• order of providing holidays;
• terms and order of payment of a salary;
• mode of working hours, etc.
It the status of the member of a farm also differs from the status of the hired worker of an economy – labor relations of members of an economy reglamentiruyutsya a farm (its charter, poyolozheniye) and can differ from the labor otnosheyoniya established by the legislation on work.
List of documents
1. The Labour Code – the Labor code of Ukraine from 10.12.71.
2. The law No. 755 – the Law of Ukraine from 15.05.03 of No. 755-IV About the state registration of legal entities and individuals – businessmen.
3. The law No. 973 – the Law of Ukraine from 19.06.03 of No. 973-IV About a farm.
4. The order No. 67 – the order of the State committee of Ukraine concerning regulatory policy and business from 09.06.04 of No. 67 About the statement of forms of registration cards.
5. The instruction No. 58 – the Instruction about an order of maintaining service records at the enterprises, in establishments, the organizations, approved by the order of Ministry of Labor, Ministry of Justice and the Ministry of Social Security from 29.07.93 of No. 58.
6. The qualifier of professions of a recreation center 003:2005 – the Qualifier of professions a recreation center 003:2005 approved by the order of Gospotrebstandart Ukrainy from 26.12.05 of No. 375.
(On Balans-Agro newspaper materials).