When the establishment opens Catering, first of all, one should be guided by such federal laws as dated December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control(supervision) and municipal control”, dated 03/30/1999 N 52-FZ “On the sanitary and epidemiological welfare of the population”, dated 01/02/2000 N 29-FZ “On the quality and safety of food products”.

First of all, you need to obtain permission from Rospotrebnadzor to locate a cafe (restaurant) in the chosen location.

In addition to the agreement for the removal of food waste and household garbage, Rospotrebnadzor checks the existence of an agreement for deratization and disinfestation.

To organize the work of an establishment, it is important to choose a room that meets sanitary standards. "GOST 30389-2013. Interstate standard. Catering services. Catering establishments. Classification and General requirements"contains the norms and rules for catering establishments. The premises inside must be equipped with a ventilation, sewerage, and drainage system. The water must comply with the sanitary control standards established for drinking water. The facility must have a separate toilet, sinks for washing hands, and disinfectants. Separate toilet rooms must be provided for staff. The walls of the facility must have a washable coating. The premises must be kept clean, so the establishment must have cleaning staff.

Among other documents, you will need a certificate according to ISO 22000:2007. Management system in the field of food safety and food products ISO 22000 2007 GOST - a management and control system for the quality and safety of food products created for enterprises in the field Food Industry. In the territory Russian Federation Since February 2015, ISO 22000 certification is mandatory for all companies involved in the food industry. The operation of food production enterprises that do not have an ISO 22000 2007 GOST certificate is illegal, and accordingly, their owners may face administrative penalties. It is worth noting that in Russia it is considered valid as international standard ISO 22000 2007 GOST, and its Russian analogue GOST R ISO 22000-2007.

It is also important to obtain food service certification. Certification of public catering is carried out to establish compliance with the following regulatory documents:

GOST R 50763-95. This document establishes general technical specifications for culinary products sold to the population; GOST 28-1-96. The document sets standards for production personnel, working in the catering industry;

GOST R 50935-96. The document sets out the requirements for service personnel working in this industry;

GOST R 50764-95.

Nutrition certification is carried out by authorized government agencies. You can order confirmation of compliance with this service at any certification center that has a state accreditation certificate in this subject area. For example, in the quality assurance center in St. Petersburg, Nizhny Novgorod, Orenburg, Chelyabinsk, etc.

For food certification, it is necessary to provide documentation that fully reflects the compliance of this service with all requirements and standards provided for it: documents confirming compliance with standards fire safety, licenses for the sale of products containing alcohol, certificates of state registration for products sold, research protocols on the characteristics of the service provided, documents confirming the quality of products sold.

The next permit required is a permit from the fire safety authorities. To do this, you need to contact the appropriate organization so that its employees can inspect and analyze the premises.

For permission from the fire department, you must contact the local Office of the State Fire Service of the Ministry of Emergency Situations of Russia (fire service) at the place of registration of the public catering establishment. To draw up a conclusion, you will need to submit a written application and attach documents to it, namely:

A written application to obtain an opinion on the compliance of the premises with fire safety standards;

Documents certifying ownership or lease of premises;

Constituent documents of the enterprise;

State registration certificate;

Certificate of taxpayer registration;

Extract from the Unified State Register of Legal Entities;

A floor plan drawn up and certified by the BTI, with an explanation;

Documents on personnel training and mastery of fire protection measures;

Agreements with accredited companies for the maintenance of fire containment and extinguishing equipment, fire alarms, ventilation, lightning protection, smoke protection;

Certificate of performance check of the ventilation system and technical condition chimney;

Act on measuring resistance readings in the electrical network;

Fire safety guidelines developed for this premises;

Act on testing the operation of the fire water supply system;

An order appointing an employee who is responsible for ensuring the fire safety of the facility.

You will also need to obtain permission to comply with all sanitary standards. The permitting procedure for starting activities in the provision of catering services from July 1, 2009 was replaced by a notification procedure (Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control”). The rules for providing such notification are reflected in Decree of the Government of the Russian Federation dated July 16, 2009 No. 584, according to which Rospotrebnadzor (formerly called SES) becomes the authorized body for receiving notifications from catering establishments. The conclusion is issued after submitting an application by the catering owner within the next 10 days after submitting all necessary documents, the list of which includes:

The application for the permit itself;

A photocopy of the certificate of state registration of a legal entity (individual entrepreneur);

A copy of the lease agreement or proof of ownership of the premises;

Employees' Sanitary Books.

In addition to SanPiN 2.3.6.1079-01 “Sanitary and epidemiological requirements for public catering organizations, the production and circulation of food products and food raw materials in them,” you should pay attention to SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”, Decree of the Government of the Russian Federation dated 08.15.1997 N 1036 “On approval of the Rules for the provision of public catering services”, GOST R 50762-95 “Public catering. Classification of enterprises", GOST R 50764-95 "Catering services. General requirements".

1-2 days

1. Legal basis activities of a public catering enterprise.

• Legislative acts regulating production and economic
  activities of a restaurant, cafe, bar, etc.;
• Regulatory legal documents, methodological and normative-technical
  materials on legal activities catering establishments;
• Civil, labor, financial, administrative, commercial
  tax law in relation to the catering sector.

2. Obtaining a license to sell alcoholic beverages. Anti-tobacco law.

• List of necessary activities and documents to obtain a license.
• Registration and storage of certificates.
• Special accompanying documents for alcoholic products.

3. Contractual work in the activities of public catering establishments.

• Basic principles current legislation,
• Basic work contracts,
• The procedure for concluding and executing contracts
• Renting and purchasing premises for an establishment
• Control lease agreements, supply agreements, drawing up additional agreements and protocols of disagreements thereto,
• Negotiations regarding the conclusion of contracts;
• Work with registration authorities (Federal Reserve System, Federal Tax Service, etc.);
• Legal examination of business contracts
• Relations with suppliers
  

4. Operational work and work with document flow legal department at a catering establishment.

• Bringing documentation into compliance with regulatory requirements
• Control over the timely updating of permitting documentation provided for at a public catering establishment
• Systematization, accounting and maintenance of legal documentation.
• Accounting and storage of pending and completed judicial and arbitration cases.

5. Working with personnel documents. Protection from unscrupulous workers.

• Drawing up internal rules labor regulations, job descriptions
• Creation, amendment or cancellation of orders and local regulations,
• Development of terms of collective agreements and industry tariff agreements,
• Registration control labor relations with employees
• Migration control
• Preparation of documents on bringing employees to disciplinary and financial liability in accordance with established by the Procedure
• Preparation, together with other departments, of materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violations of environmental legislation and other offenses for transferring them to investigative and judicial authorities.

6. Claim work. Protecting the interests of an enterprise in a court of general jurisdiction and arbitration.

• Consumer protection and complaint handling.
• WITH pores on consumer protection
• Participation in the preparation of substantiated responses when claims are rejected.
• Working with accounts receivable and payable
• ABOUT appealing fines,
• Disputes regarding concluded contracts
• Copyright protection (including relations with RAO and WIPO).

7. Certification and standardization of public catering establishments: new requirements

8. General information about inspections at catering establishments

• Typical violations in the catering services sector.
• Necessary and legally approveda collection of documents at public catering establishments for all inspection bodies of the Russian Federation.
• The procedure for state control and supervision over the activities of public catering enterprises.
• Requirements and powers of Rospotrebnadzor, tax, labor, fire and other regulatory authorities.
• New procedures for conducting inspections in light of Federal Law RF No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” as amended. dated December 31, 2014
• Types of checks . Documentary and traveling. Scheduled checks. Grounds for an unscheduled inspection. Changes in the procedure for conducting unscheduled inspections of public catering establishments in accordance with clause 2. Article 13 of Federal Law No. 532 of December 31, 2014. Comprehensive (joint) inspections. Repeated checks.
• What you don't have the right to check/require/carry out an inspector during a supervisory activity? In what cases can and should an inspector be refused to conduct an inspection?
• Verification procedure.
• Administrative penalties for detecting violations at a public catering establishment:fines, orders, quarantine, suspension of activities, initiation of criminal proceedings. Protocol on administrative violation. Deadlines for eliminating violations. Arbitration practice.

9. Inspections by the Rospotrebnadzor inspection (department for supervision of public nutrition): quality control and safety of food products and services, the presence of an XACCP system at the enterprise (since 02/15/2015 mandatory for the food industry) food safety management system.

• Checking the presence of a working group responsible for HACCP.
• Checking the developed documentation and its compliance with the HACCP principles.
• Fines and administrative suspension of activities for the lack of a HACCP system in accordance with Art. 14.43 Code of Administrative Offenses of the Russian Federation (Federal Law No. 195).
• The minimum measures necessary to prove to the inspection that the enterprise operates and produces safe products in accordance with the requirements of TR CU 021/2013 “On the safety of food products” and GOST R 51705.1-2001 “Quality systems. Food quality management based on HACCP principles».
• Documents on production control (PC), their coordination with Rospotrebnadzor, implementation of activities under the PC Program; contract for laboratory research;
• Sanitary and technical condition of the premises, requirements for their design and maintenance;
• Requirements for the reception and storage of food products in accordance with the requirements of the CU TR and the HACCP principles, for the availability of measuring instruments to monitor storage conditions; to the processing of raw materials and production of products taking into account the principles of HACCP; for implementation ready meals and provision of public catering services, prevention of violations in the field of consumer rights protection; to working conditions and personal hygiene by personnel in accordance with sanitary, epidemiological and hygienic requirements.
• Quality document flow developed and executed in accordance with the requirements of allFederal Laws, GOSTs, TR CU, Standards, SanPinov, SNiPs, Rules, Guidelines and other acts (from the Regulations on Maintenance and the Rejection Log to the Schedule for Monitoring Factors of the Production Environment).

10.Check of the State Fire Supervision.

• Documents containing fire safety requirements and documents regulating the inspection procedure
• Innovations in the Code of Administrative Offenses of the Russian Federation in terms of increasing liability for violation of fire safety requirements. Controversial issues regarding compliance with the requirements of Law No. 323-FZ of November 21, 2011 on the ban on smoking in premises intended for public catering services. Fines for violations of the smoking ban.

11. Inspection of the Federal Labor Inspectorate of public catering establishments.

• Requirements labor legislation and legal acts containing norms labor law, according to Decree of the Government of the Russian Federation No. 875 of September 1, 2012 and Administrative Regulations.
• Check availability and contents employment contracts, work records and their accounting, time sheets and shift schedules, the availability and content of personnel orders.
• Requirements for the Regulations on Personal Data, Regulations on Remuneration.
• What documents regarding the payment of wages does the inspector have the right to require?
• Checking occupational safety documents: what to look for Special attention?
• Responsibility for violations of labor laws.

12. Inspections of the Federal Migration Service and identification of facts of violation of migration legislation by organizations attracting foreign force.

Contrary to popular belief that Moscow is overcrowded with catering establishments, the majority of new restaurants that opened in Moscow survived their first year and are operating successfully. The legal needs of owners of restaurants, cafes, taverns and bars differ significantly from other business owners. Traditional approaches to creating a package of documents for launching a new project and successful work restaurants are not always open. If you are the owner of a restaurant, bar, tavern or night club, the legal company "Legisperity", thanks to many years of experience, is able to provide you with high-level legal services, every day, step by step, our lawyers and attorneys will solve various problems, thereby contributing to prosperity this unique type of business. Our firm advises owners of restaurants, cafes and bars on all legal aspects of their business.

A restaurant lease agreement can have a huge impact on the success or failure of your business. The process of agreeing and signing a lease agreement for a restaurant is extremely complex, since it must include a number of provisions that are not generally typical for a simple commercial lease. For example, a mandatory clause in the agreement must indicate that in case of refusal to obtain a license to sell alcohol, the lease agreement can be terminated by the tenant unilaterally without penalties. In addition, it is necessary to establish provisions regarding the removal of garbage and food waste, the allocation of space in the area adjacent to the building, and so on. If the premises that you want to rent for a restaurant or cafe are suitable for your needs, be careful when signing the lease agreement and invite a lawyer to negotiate with him to discuss all the terms of the lease. Premises and owners vary, but there is some wiggle room in almost any rental agreement.

Restaurant and bar owners are required to obtain several licenses specific to the industry. One of the most important issues in the discovery restaurant business is to obtain a license to sell alcohol. This requirement is mandatory. License for retail sales Alcohol products are issued by the Department of Trade and Services of the city of Moscow for a period of one to five years, while the commission that decided to issue you a license will come to you with an inspection every year. The various procedures for obtaining these licenses can be quite time-consuming with cumbersome paperwork. The process of obtaining a liquor license is long and complex. Our company carries out all the work and prepares all the necessary documents to obtain a license for the retail sale of alcoholic beverages.

The restaurant business is developing in an extremely acute and tough competitive environment To survive, the owner of this business needs legal advice online. Moreover, legal advice must be cost-effective and based not only on knowledge of the law, but also on knowledge of the business of catering establishments and the hospitality industry as a whole. Accordingly, employees law firm"Legisperity" has an understanding of the business processes in the industry that restaurant and bar owners face every day.

If you want to open a restaurant, bar, tavern or night club in Moscow or the Moscow region and you do not have lawyers on staff, please contact the Legisperity company, whose employees provide high-quality legal services professional level. Our goal is to protect you and your business from unnecessary risks by identifying and eliminating legal problems that hinder the development of the enterprise.

1. When selling alcohol in public catering, you need to open the bottle, but what to do with the cork, give it to the client or throw it away?

1.1. Hello! The cork can also be given to the buyer.

2. I work as a merchandiser, selling food and catering at gas stations. The employer does not reimburse the costs of passing periodic medical examination. Is this legal?

2.1. Good afternoon No. not legal. Payment for medical procedures. inspection is the responsibility of the employer, provided labor. Code of the Russian Federation.

3. I have been working in public catering for 10 years and pass the commission every year. Why does the psychiatrist refuse to give a certificate for the Sanitary Book (all the doctors have already been passed and paid for, only the psychiatrist remains) and argues that she needs a referral from work, I explain that the work is in another city, and I am undergoing a medical examination according to my registration, but she still resists and demands go and bring directions. Is this legal?

3.1. Write a complaint addressed to the head physician outlining your requirements, notifying him that if this issue is not resolved within 10 days, you reserve the right to file a complaint with the prosecutor's office and the Ministry of Health, with subsequent appeal to the court.

4. Is it possible to wear earrings if I work in catering as a cook?

4.1. Of course you can wear earrings.

5. I have a catering business, what will happen if they see me selling beer to go on May 9? Who can check? 89511823907 Evgeniy.

5.1. There will be administrative liability. Law enforcement or supervisory authorities can check.

6. Hello.
Public catering. Bar. Alcoholic mulled wine/cocktail/beer is poured into disposable containers. The guest asked to pour it like this and went with him outside the catering area.
Is the organization responsible for selling alcohol in this way? What exactly (what rule) of the law regulating the sale of alcohol has been violated?

6.1. If the bottle is open, then the organization does not violate the license to sell alcoholic beverages.

7. I work in public catering and during an inspection we found an expired balm on sale. They threaten a fine of 30,000. This is correct.

7.1. Hello.
Did Rospotrebnadzor check you? Then, legally, you can be held administratively liable for selling expired goods under Article 14.4 of the Code of Administrative Offenses of the Russian Federation.

7.2. Whether your employer will hold you financially liable depends on the responsibilities specified in the job description.

8. How much does it cost to transfer a building from the garage category to the catering category?

8.1. Before discussing the price of the issue, you need to familiarize yourself with the materials and decide on the possibility of such a translation, and identify a way to resolve this issue. Then the cost of the work will be clear. Both you and the lawyer. You can contact any lawyer on our site personally, contact details are in the profile.

9. Residential apartment building The landlord leases the premises for catering purposes to restaurants. Tenants (restaurants) are constantly changing. Questions:
1. Is the consent of the owners required for each tenant?
2. In addition, the service entrance to the restaurant is through the entrance.
3. Employees are constantly walking back and forth.
4. Music is playing loudly and there is a smell of food in the entrance and in the apartment.

Which of all this would be a violation?

9.1. Dear Andrey, you need to look at the technical passport of the apartment building and the purpose of the premises, so most likely:
1) consent is not needed
2) you need to look at the technical passport and floor plan
3) it is not prohibited
4) depends on the noise level and Sanitary Regulations for MKD.

10. My question: Individual entrepreneur cooking (catering) without a service hall on the 1st floor of the 9th floor of the house, 32.5 m/sq.m., according to the standards of the tariff and tariff department pricing policy Tyumen region, tariff 183.52 kg per year for a total of 92 rubles/month, the Operator offers an agreement as a store with a standard of 25.17 kg per meter of total area for a total of 450 rubles/month i.e. 5 times more expensive, how to adjust the contract to your advantage.

10.1. In accordance with Art. 421 of the Civil Code of the Russian Federation (freedom of contract), you have the right not to sign the unfavorable terms of the contract imposed on you, sign as you see fit, and the operator has the right to act at his own discretion.

11. I am forced to get a hepatitis vaccination at work. I can legally refuse, I work in catering.

11.1. If you work in public catering, then unfortunately you won’t be able to refuse. If you don’t get vaccinated, you will be suspended from work under Article 76 of the Labor Code of the Russian Federation.

12. I have an individual entrepreneur registration in one city. But the activity is different. Public catering. Which SES should I enter into an agreement with, in the city of registration or activity?

12.1. Controls the activities of the SES in the city of your actual activity.

13. Individual entrepreneur, catering, egais, cash desk, area 45 m2, in a residential building. Can you sell beer 24 hours a day?

13.1. It is not allowed to post:
all enterprises, as well as shops with operating hours after 11 pm; consumer service enterprises that use flammable substances (except for hairdressing salons and watch repair shops with a total area of ​​up to 300 mSNiP 01/31/2003 Residential multi-apartment buildings); baths and saunas (except for individual saunas in apartments);
catering and leisure establishments with more than 50 seats and a total area of ​​more than 250 m (SNiP 31-01-2003 Residential multi-apartment buildings);

Only until 11 p.m., after that it will be a violation of sanitary standards and may be subject to administrative liability.

14. I am interested in obtaining a legal scheme for the legalization of hookah in public catering.

14.1. Rustam, enough complex issue, not to say impossible. I advise you to contact any lawyer in private messages to clarify the situation: is it possible or not.

15. I had this situation. I am renting premises for catering. Two years in rent included additional services for allegedly public utilities. Now the tenant has decided. That they didn’t charge for water and billed without any reason. There were no meter readings, no additional agreement was drawn up, and the meter acceptance certificate was not accepted during this time. Tell me what can I do in this situation and how to resolve the dispute? If I don’t pay the bill, the lease agreement with me will be terminated.

15.1. You need to proceed from the terms of the contract, reconcile the calculations.

15.2. If the contract does not specify that utilities are paid separately, then this is not the legal behavior of the landlord.
Exit? provide him with an analysis of the contract and the provisions of the Civil Code of the Russian Federation on this matter.

16. I work in catering, we have a restroom for bed sheets. If a person has not bought anything, do I have the right not to let him into the restroom?

16.1. This can be regarded as a violation of consumer protection laws. By requiring that you make an order to visit the restroom, the administration of a cafe or restaurant actually conditions the purchase of a catering service on the mandatory purchase of another service - the service of using the toilet, which is prohibited (Clause 2 of Article 16 of the Law of 02/07/1992 N 2300-1).

17. Can I be fired from my job if I find out about my criminal record? Position: cashier salesperson in public catering.

17.1. Yes they can. Based on the fact that when applying for a job you hid this fact, that is, you provided false information about yourself.

17.2. They can fire you only if you hid the fact of your criminal record when applying for a job. The fact of a criminal record in itself is not grounds for dismissal, so there was no point in hiding this fact when applying for a job.

18. I am a single mother, raising 2 children. I work in a catering company 6 days a week. Am I entitled to a children's day?

18.1. Look at the article. 263 of the Labor Code of the Russian Federation For an employee who has two or more children under the age of fourteen years, ... a single mother raising a child under the age of fourteen years, a father raising a child under the age of fourteen years without a mother, the collective agreement may establish annual additional holidays without pay at a time convenient for them for up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.
Normal working hours cannot exceed 40 hours per week.

19. Worked in public catering unofficially
The manager closed the branch without warning, he still owes a salary and now feeds him with promises and reasons that there is no way to pay.

19.1. Go to court, establish the fact of labor relations and collect wages.

19.2. You need to go to court to establish the presence labor relations and collect unpaid wages.

20. I am individual entrepreneur, in the catering industry, we were offered to rent a coffee machine, which we agreed to; when we moved to another cafe, we lost this machine, what responsibility will I bear for this.

20.1. Responsibility is provided for in the lease agreement. If you do not return it, you will be reimbursed for the cost of the device.

20.2. Look at the lease agreement, all this should be spelled out there, at a minimum the cost will have to be reimbursed, everything else depends on the terms of the agreement.

21. I wanted to ask, I work in public catering, my schedule is 2/2 from 6-18 shift 900 rubles in 2017 it was 1100 reduced because food prices have increased, so they explained to us, and they removed Sunday and made it a day off. It turns out that sometimes we rest for 3.4 days because of Sunday since the schedule is 2/2. Accordingly, the cost of living is 9000-9200, but as far as I know it’s already 11000-11800, it seems. Does the employer have the right to pay less than this minimum and if not, how can this issue be resolved? The small team is happy with the job since the children are small, but it’s hard to live on such a salary. Thanks in advance.

21.1. Hello, Anastasia!
An employer has no right to pay less living wage. In addition, if your contract specifies a certain amount of wages, then he cannot change it unilaterally; for this you need to conclude an additional agreement.

22. Who is entitled to the 13th salary? It seems I work for a white salary, in the catering structure, in the accounting department they are silent when asking (

22.1. Hello!
The “thirteenth salary” is money paid at the end of the year as an incentive. The purpose of such a payment is to stimulate increased productivity.
In the Labor Code of the Russian Federation there is no such thing as “the thirteenth salary”. At the same time, it provides for the opportunity to encourage work in any of the following ways:
declare gratitude;
issue certificate of honor or certificate;
give a valuable gift;
award a cash prize.

22.2. Good day to you, Indira!

“13th salary” is just a popular name for the New Year’s bonus. And like any other bonus, the calculation of the “13th salary” is decided by the employer at its own discretion.

22.3. The thirteenth salary is a bonus at the end of the year, look in the regulations on priming, there is information about monthly and quarterly bonuses, as well as about the 14th salary, in some places this happens.

23. Redesign the non-stationary Pavilion in public catering.

23.1. Good afternoon, you should formulate your question in more detail. If you are talking about extending the contract, this is one thing, if you are going to buy from the second party and make changes to it, this is another. To obtain more detailed advice, you need to contact any lawyer; this can be done through personal messages or by telephone, which is listed on your personal page and they will help you. Best wishes to you.

24. I work in public catering, at an open joint stock company.
Since 2018, there are 17 non-vacation days left, in 2019 the vacation should be 69 days, they were allowed to divide it into 3 parts, how would it be most profitable to divide the vacation? More precisely, from what date to what date, and in what months. Thank you in advance.

24.1. Good evening! This is not a legal issue. It's up to you to decide how much and in what months you would like to take vacation... There is no benefit.

25. I work at a cash register in a catering industry. As a result of the audit, a shortage of products amounting to 100,000 rubles was revealed. We were warned about this. Today is payday and 4,000 has been deducted from all employees. Do they have the right to deduct? They don't explain why exactly. What to do in this case if you didn’t take anything. And is it possible to get the money back? Salary black and white.

25.1. Dear Evgenia, Blagoveshchensk!
According to Article 238 of the Labor Code of the Russian Federation
The employee is OBLIGED to compensate the employer for direct actual damage caused to him.
Unearned income (lost profits) is NOT subject to recovery from the employee.
According to Article 241 of the Labor Code of the Russian Federation
The employee is responsible for the damage caused financial liability within the LIMITS OF THE AVERAGE MONTHLY EARNINGS, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.
Thus, based on the above, that:
- If an agreement on full financial responsibility was NOT concluded with you as an Employee, then you, as an Employee, bear financial responsibility only within the limits of your average monthly earnings. - If an Agreement on full financial responsibility was concluded with you as an Employee, then in this case you as The employee must bear FULL financial responsibility for any shortage.
At the same time, if a dispute arises regarding the amount of the shortage, then you, as an Employee, have the right to indicate your disagreement in the Audit Report and already in judicial procedure resolve this dispute.
But in any case, I DO NOT recommend that you, as an Employee, sign the Voluntary Compensation Agreement!

Good luck to you Vladimir Nikolaevich
Ufa November 14, 2018

United Free Consultation Lawyers

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26. Squeeze! I’ve been working for a year in public catering “PO” under an official contract, can I take an advance and how much%, when my colleagues are given an advance of more than 70%, and now they tell me that they don’t have the right because... you are under contract. Although throughout the year the advances were not small?

26.1. According to the recommendations of the Ministry of Labor dated 02/03/2018, an advance payment of up to 50% of wages, but no more. Organizations have orders in accordance with which wages and advances are calculated. Raise orders in the HR department and find out exactly what percentage exists in your organization!

27. How can you change the purpose of the premises from “office” to “catering”? What documents will be required for this and who to contact?

27.1. Hello, you need to contact the administration municipality because The issue is related to a change in the intended purpose of the land plot Art. 8 Land Code of the Russian Federation.

What to do if sanitary standards are violated in a catering establishment?

Your question:

Good afternoon, please tell me what to do in the situation that I will now briefly describe..
In the period from April 10, 2016 to July 15, 2016, I worked in an institution without official employment, the institution was engaged in providing services public catering, in This establishment had products of poor quality and did not comply with any sanitary standards, there are photographic materials confirming my words, the question is, what should I do and what should I do in this situation, if I don’t want them to find out who it comes from, because... they are already preventing me from further employment

Lawyer's answer:
Anonymous messages are not considered except for appeals containing information specified in Part 1 of Article 11 of the Federal Law On the procedure for considering appeals from people. If the written appeal does not indicate the name of the citizen who sent the appeal or the postal address to which the response should be directed, a response to the appeal is not given. If the designated appeal contains information about an illegal act being prepared, committed or committed, as well as about the person preparing, committing or committing it, the appeal must be sent to the municipal body in accordance with its competence.

What type of license is required for a catering establishment to sell alcohol to airlines?

Your question:

Hello, what type of liquor license can be obtained when a catering establishment sells alcohol to airlines?

Lawyer's answer:
Hello, Natalia.
Licensing of the production of alcohol products (also storage, wholesale distribution) is regulated by Federal Law No. 171-FZ (as amended on July 21, 2011) “On municipal regulation of the production and circulation of ethyl alcohol, alcohol and alcohol-containing products and on the restriction of the use (drinking) of alcohol products” ( with changes and additions that came into force on 01/01/2012)
Licensing of wholesale trade in alcoholic beverages distinguishes 4 types of licenses, depending on the areas of activity:
1. wholesale alcohol products, including the purchase, storage, and supply of alcohol to retail and wholesale buyers;
2. wholesale trade in alcohol own production, including the stages of production, storage and delivery of produced wine;
3. wholesale trade of alcoholic products, creation, storage and sale of food and non-food products containing alcohol;
4. wholesale trade in ethyl alcohol, including the creation of alcohol, storage and distribution of supplies.
Of course, you need to get 1 type of license.
________________________________________

Taxation system for catering establishments operating for delivery

Your question:

Hello, since 2012, our company has been renting a production workshop, we are producing sushi, rolls and pizza with home delivery. All this time, UTII was used for a catering establishment that does not have a customer service hall.
Today, a friend of ours said that if we deliver, then we need to use a simplified method.
What should we do? Which taxation system is best for a catering company? Is it possible to switch from UTII to a simplified one from the next quarter (we have a combined regime) and what to do with the previous periods for which we reported on UTII?! What sanctions will the tax authorities apply to us if they find out that we did everything wrong?

Lawyer's answer:
Hello, Marina.
If your type of activity does not change, but you do not want to pay UTII according to it, switching to the simplified tax system, then such actions can only be done from the beginning of the new calendar year (clause 1 of article 346.28 of the Tax Code of the Russian Federation).
During the year, you can switch from an “imputed” activity to the simplified tax system only if the activity subject to UTII ceases.
Because your activities remain the same, you may only be able to switch to the simplified tax system from the beginning of the new calendar year.
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How to become a catering company?

Your question:

What requirements must a catering establishment meet? That is, there is a store retail, a license to sell alcohol and a desire to sell wine and vodka products around the clock. What is needed to convert a store into a cafe or bar, or canteen?

Lawyer's answer:
Have a nice evening, Leonid.
In accordance with the National Standard of the Russian Federation GOST R 50762-2007 “Public catering services. Systematization of public catering companies" (approved by order of the Federal Agency for Technical Regulation and Metrology dated December 27, 2007 N 475-st) a public catering enterprise is an enterprise created for the production, sale and (or) organization of consumption of public catering products, including culinary products, flour confectionery and bakery products.
Public catering enterprises, depending on the nature of their activities, are divided into:
- enterprises organizing the creation of public catering products (preparing factories, workshops for the production of semi-finished products and culinary products, special culinary workshops, in-flight catering enterprises (workshops), etc.) with the possibility of delivery to consumers;
- enterprises organizing the creation, sale of public catering products and consumer service with on-site consumption and take-out (export) with the possibility of delivery (restaurants, cafes, bars, snack bars, canteens, fast food service enterprises, coffee shops);
- enterprises organizing the sale of public catering products (with probable consumption on site) (cooking shops, buffets, cafeterias, small retail chain enterprises);
- field service enterprises;
- enterprises that organize delivery and service to consumers in hotel rooms and other accommodation facilities.
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Catering establishment

Your question:

Hello! I am interested in the question: Are articles 14.46 and 14.44 related to a public catering establishment? If related, then how?

Lawyer's answer:
Hello! I am interested in the question: Are articles 14.46 and 14.44 related to a public catering establishment? If connected, then how?
Lena
14.46 and 14.44 are articles of which document?
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What is necessary for a Rospotrebnadzor inspection in a catering establishment?

Your question:

Good afternoon. My name is Dmitry. Opened a catering establishment in Moscow Region. We operate a restaurant and serve catering events, in addition we provide food for private educational institution. On June 28th we will have scheduled inspection RosPotrebNadzor. We are now preparing for this audit, but some gaps remain. I would like to know where to find current (fresh) GOSTs and SANPiNs for public catering. Perhaps there are some sets of rules necessary for such checks, combined into one document? Are you particularly interested in the Sanitary and Epidemiological Conclusion? Should it be and who is obliged to do it if the premises are rented to me: the Tenant or the Landlord? What should be among the necessary documents, besides constituent documents, product certificates and a properly designed consumer corner?

Lawyer's answer:
Maybe there are some sets of rules needed for similar checks, combined into one document?
Dmitriy
Hello. In fact, all the acts by which you will be inspected are consumer goods. will have to indicate in the order for inspection (Federal Law 294)
Specifically, are you interested in the Sanitary-Epidemiological Conclusion?
You don’t need Dmitriyono, it has long been abolished for shops and catering
Should it be and who should do it if I have rented premises: the Tenant or the Landlord?
Dmitriy
you don't need it. Sanpin rules are first and foremost observed by the owner, but this does not mean that you should not... in general, according to Sanpin - the one who conducts the activity complies (for most issues)
It’s just that, for example, the lease contract often differentiates responsibilities.
Sanpin for catering - you must definitely comply (and not the landlord)
SANITARY-EPIDEMIOLOGICAL
REQUIREMENTS FOR ORGANIZATIONS
PUBLIC FOOD, PRODUCTION
AND CURRENCY IN THEIR FOOD PRODUCTS
AND FOOD RAW MATERIALS
SANITARY AND EPIDEMIOLOGICAL RULES
SanPiN(SP) 2.
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Catering

Your question:

Public catering is it possible for a wife and husband to work at the same enterprise if the husband is a storekeeper and the wife is the head of the workshop and receives goods from her husband

Lawyer's answer:
There is no direct prohibition in the Labor Code of the Russian Federation. (I understand that you are not civil servants), but in the collective agreement of the enterprise, or in other regulations enterprises may have restrictions on the situation you described. but that's not true
after all, you still must enter into a contract for full material liability (including a collective contract)
Good luck
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Is it necessary to provide notification of public catering services to Rospotrebnadzor?

Your question:

I have been registered as an individual entrepreneur since April 26, 2011 and registered in the statistical register. My kind economic activity 55.4 - activities of bars. I rented space to open a cafe in the summer. To be honest, the cafe has been open since May. I regularly submit my tax returns and pay all taxes on time. True, I did not submit any notification to Rospotrebnadzor about the provision of public catering services. Do I need to submit a notification to Rospotrebnadzor that I provide services in the field of public catering? Will I face fines if this is indeed the case, but I have not fulfilled my duty?

Lawyer's answer:
When registering public catering services, you had to collect signatures from all authorities to obtain permission to open a cafe, which must comply with all legal requirements. Punishment awaits you, and not only from Rospotrebnadzor.
Best wishes.
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How to conclude an agreement between two legal entities for the purpose of making a profit in the catering industry?

Your question:

What kind of agreement can be concluded between two legal entities for the purpose of making a profit in the catering industry. One person manufactures products, another person sells these products, and all this in one place on the territory for the provision of catering services, profit by gender minus expenses!? UTII taxation system.

Lawyer's answer:
What kind of contract can be concluded between 2 legal entities for the purpose of making a profit in the field of public catering.
Alexander
YOU will be able to enter into an agency contract. You can get help in compiling it by contacting the chat.
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Do I need a permit to organize catering in a store?

Your question:

Colleagues, good afternoon!
I have a store with craft (draft) and bottled beer and fish snacks.
We want to create a bar counter so that people can taste beer right in the store.
Do I need to apply for a permit as a catering establishment?
Where is this invisible line of shop/cafe located?
If I pour beer into a bottle and the client pours it into his own glass, is that a cafe?
If we buy ready-made food and only warm up for people, this is a cafe, do you need a permit. How to understand where this line is and how difficult it is to get permission, if you still need it, can anyone help or advise with this?
If suddenly permission is still needed, then what responsibility awaits me if I, as an individual entrepreneur, do not receive permission, but I get caught?

Lawyer's answer:
Hello, Alexey!
For retail trade in food products, as well as for cafes, a notification procedure for starting activities is provided. You do not need permits, the main thing is that sanitary standards are observed.
According to clause 2 of the Decree of the Government of the Russian Federation of July 16, 2009 N 584 “On the notification procedure for the start of implementation individual species entrepreneurial activity» The notice is submitted legal entity or a personal businessman intending to do work (provide services) (hereinafter - the applicant) in accordance with the list of works and services as part of certain types of business activities in accordance with Appendix No. 1 (hereinafter - the list of works and services).III. Provision of public catering services by public catering organizations
12.Public catering services 122100, 122200
IV. Retail trade (except for retail trade in products whose free circulation is limited in accordance with federal laws)
13. Retail trade in non-specialized stores 52.1
14. Retail trade in food products in specialized stores 52.
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Is the culinary school a catering facility?

Your question:

Good afternoon! The question is: is a culinary school (culinary studio) a catering facility? and can its activities be subject to catering requirements?
based on what regulations?

Lawyer's answer:
Maria, Hello!
If you follow clause 3.1. Interstate standard GOST 30389-2013 “Public catering services. Public catering establishments. Systematization and general requirements":
3.1. public catering enterprise (object) (food enterprise): A material complex used by a legal entity or personal businessman to provide public catering services, incl. production of public catering products, creating criteria for the use and sale of public catering products and purchased products both at the place of production and outside it on orders, as well as for the provision of various additional services. If the school (studio) does not carry out the designated types of activities, then classifying it such companies are unlikely.
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Are fines legal in catering establishments?

Your question: catering establishments

Hello, I am interested in this question. Are fines legal at enterprises where there is no salary-bonus system, and wage depends on revenue? If legal, then in what document should they be written down?

Lawyer's answer:
Good afternoon,
Fines are not legitimate either at catering enterprises or at any other (not provided for by labor legislation)
Respectfully,
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