Publication date: 05.06.2024
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Physical - an entrepreneur works as an employee
A natural person entrepreneur is a person who carries out entrepreneurial activities on the basis of the relevant registration document and has the status of a subject of entrepreneurial activity without the formation of a legal entity.
An employee is a person who works for another person or organization (employer) under the terms of an employment contract or a civil law agreement.
The main characteristics of an employee:
1. Employment contract: an employee concludes an employment contract with the employer, which defines the working conditions, rights and obligations of the parties.
2. Remuneration: He receives remuneration (salary, honorarium, etc.) for the work performed, which is determined by the agreement between the parties.
3. Dependence on an employer: An employee works for an employer and is subject to his instructions and rules governed by labor law.
4. Social Security: Employees are usually entitled to social security such as holidays, health insurance, pension contributions etc.
5. Professional duties: they are required to perform their professional duties in accordance with the employment contract and the law.
An employee can work both full-time and part-time, on the basis of a temporary or permanent employment contract, depending on the conditions agreed between the parties.
An employee has a number of rights guaranteed by law to protect his interests in relations with the employer.Here are the main rights of an employee:
The right to working conditions:
The process of concluding an employment contract must be transparent and meet the requirements of the law. The employee has the right to determine clear working conditions, such as work schedule, place of work, terms of payment, etc.
The right to safe and healthy working conditions:
The employer is obliged to ensure safe working conditions, prevent and minimize the risks of occupational diseases and injuries.
The right to remuneration:
An employee has the right to fair remuneration for his work in accordance with the terms of the employment contract, legislation and collective agreement, if such exists.
The right to rest and holidays:
The procedure for granting vacations and rest is prescribed by law. An employee has the right to an annual paid vacation, as well as other types of vacation that may be provided for by labor legislation or a collective agreement.
The right to protection from discrimination and violence:
An employee has the right to protection against any form of discrimination, including on grounds of gender, age, race, religion, etc. He also has the right to protection from any kind of physical or psychological violence at the workplace.
The right to social protection:
An employee has the right to social insurance, including health insurance, pension contributions and other types of social protection provided by law.
As an employee, an individual entrepreneur is subject to the rules of labor legislation, which includes rights to pay, vacations, safe working conditions, etc.Income from salaried work is taxed according to the usual rules of taxation of natural persons, while income from entrepreneurial activity may be subject to special taxation regimes for an individual entrepreneur.
Thus, an individual entrepreneur can simultaneously have both statuses - an entrepreneur and an employee, while he must take into account the relevant legal norms and obligations for each of these forms of employment.
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