Drawing up an employment contract with a manager in 2020

Labor relations between the employee and the employer must be formalized in accordance with the Labor Code of the Russian Federation.

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One of the mandatory conditions is the preparation of an employment contract. Moreover, there are several different types of them.

But all employment agreements have a standard set of mandatory clauses. The applicant himself should carefully familiarize himself with all the intricacies of the contract drawing up process.

Knowing the laws will help you avoid problems. And also, without the help of outsiders, to monitor the observance of one’s own rights.

The importance of contracts for employers

From the point of view of the law, employment contracts are necessary for the employer to acquire the knowledge and skills of the employee, providing in return optimal working conditions and a guarantee of payment for efforts.

What rights does the employer receive:

1. Requirement for strict performance of job duties specified in the relevant instructions.
2. Conducting periodic certification of the employee.
3. Involve the manager in various types of liability prescribed in the legislation of the Russian Federation.
4. Exercise other rights based on the law.

https://youtu.be/2ZiYO3ITOc0

Grounds for termination of the contract

The sales manager is an ordinary employee of the organization, therefore termination of the contract with him is carried out on a general basis. An employee has the right to leave at his own request or by agreement of the parties, or to be dismissed for neglect of work, absenteeism, as a result of a change of owner or liquidation of the enterprise. When dismissing a person from a position, the procedure established by the legislation of the Russian Federation must be followed, and the reason must be indicated in the work book.

Not a single serious business today can do without such a specialist as a sales manager. It contributes to its intensive development, expands its customer base and maintains the loyalty of regular customers. This part of the staff is always subject to increased demands, which is reflected in the employment contract that is signed with the citizen after being hired as a manager. It must also indicate the work schedule, the chosen remuneration scheme and methods of incentives in case of exceeding the established volumes of the plan.

The importance of contracts for employees

An employment contract serves as a guarantee of social protection and remuneration, subject to compliance with the job description.

Basic rights of an employee:

1. Completing the assigned amount of work.
2. Receiving financial remuneration for work, according to the qualifications obtained and other components.
3. Carrying out legal rest, including annual leave.
4. Exercise other rights based on the law.

General points

The employment contract contains the following mandatory clauses:

1. Rights and obligations of the parties.
2. Degree of responsibility of participants.
3. The period of work and rest.
4. Salary data, also with the possibility of receiving profits in the form of interest and/or bonuses.
5. Possibility of changing the terms of the contract or terminating it.
6. Company details and a set of employee personal data.
7. Time and place of signing the contract.
8. The duration of the agreement with the start date of the functions.
9. Signatures of the employee and employer.

Definition and main points of the agreement in the video:

Employment contract with sales manager

A sales manager is a full-time employee of a trading company, with whom an employment contract is also concluded upon hiring. Each employer should know how to correctly and in what order the agreement should be drawn up. However, if for any reason you are experiencing difficulties in drawing up a working document on the cooperation of the parties, we suggest that you review the contents of this publication.

How to draw up an employment contract with a sales manager?

In the modern world, it is customary to use the term sales and customer service manager - thereby replacing the word salesman, consultant, which is familiar to society. When a candidate for a vacant position passes the interview stage with a positive outcome, the manager hires him. Next comes the process of signing an employment contract. It has a standard form that reflects:

The points outlined above are mandatory conditions to be included in the working agreement. However, if you want to stipulate the employment relationship with a new employee in more detail, it is recommended to include additional paragraphs in the content of the document.

Fixed-term employment contract with a sales manager - sample

To avoid disagreements or nuances that arise during the work period, the manager can draw up a fixed-term contract for the sales manager. This is acceptable in the case when an employee does not work well, but is in no hurry to quit at will. Therefore, a fixed-term document is concluded, the duration of which is chosen by the employer.

The structure of such an agreement does not differ significantly from a standard employment contract. It also reflects the main points containing conditions, regime, rights, obligations, and responsibilities. Additional information will only be about the duration of its validity, that is, about the period of work of the employee. And also a clause about the reason for drawing up this type of contract.

Part-time employment contract with a sales manager

This type of working arrangement is acceptable in cases of combining professions (at one enterprise), as well as if the employee is employed at several work locations, with different employers, by agreement with them.

If the employee replaces an absent person, the terms of payment and the timing of replacement are also reflected in the document. The remaining items provided are standard. It is necessary to reflect such points as guarantees and compensation, as well as insurance against industrial accidents and occupational diseases.

Remuneration in an employment contract

A paragraph that stipulates the terms of payment for the manager’s professional activities is considered mandatory for inclusion in the working agreement. This clause includes provisions under which the employee is paid a salary, bonuses and other remuneration for work. If the percentage of sales is high or in other cases, the employer may indicate clauses in the agreement regarding additional payments. If there is a replacement of an employee, then in this case, the sales manager’s remuneration is piecework. This means that he is paid a percentage of the proceeds or sales, as well as the plan he fulfills.

In this case, wages are paid twice a month: the first part is an advance, the second is the main part. However, by agreement of the parties, this condition may be changed. The payment date is developed by the General Director.

Employment contract with a sales manager without salary

The document contains the work schedule, that is, it regulates the time of rest and work process. In most cases, specialists in this field have a “floating” work schedule. This means that a working day may also fall on a holiday or a day off, so this day is paid in the same way as overtime hours worked. If the work of a sales manager does not provide a salary, then the payment for his work is calculated on a percentage basis.

If at the beginning of the establishment of a professional relationship the parties chose any of the payment options, then it should be indicated in the employment contract without fail.

Employment contract with a sales manager with a probationary period

During the probationary period, an employment contract is also concluded with the sales manager. By law, if an employer wishes to assign a probationary period to a candidate for a position, then this provision must be included in the agreement. If this moment is missed, the employee will be considered officially employed.

The further continuation of the agreement directly depends on how the specialist demonstrates and proves himself during the trial period. It should be noted that the duration of the tests should not exceed six months. In addition, during this period the new employee should not have limited rights in comparison with other subordinates. It is advisable to indicate all these nuances in the content of the working document.

To avoid problematic situations in the workplace, it is recommended to enter into employment agreements with new employees. Such a procedure will ensure the preservation of the interests and rights of each party.

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Rights and responsibilities of an employee

Many managers fill out this section in different ways.

There are several options for composing a clause:

1. 
   All rights and obligations are formalized and tied to certain norms, instructions and requirements. This point may be unduly exaggerated.

2. In another institution, the criterion for a manager’s excellent work is the result and the general direction of activity is prescribed, without reference to numerous standards.
3. The ideal option is to fulfill the manager’s job responsibilities related to the vector of the organization’s activities and existing working conditions.

Terms of the employment contract

Usually in the contract the parties can specify anything that they consider important.

In this case, an important condition is also that none of the clauses can contradict the norms of the current legislation, otherwise this particular clause may be declared invalid. In practice, an employment contract with a sales manager is usually offered at the discretion of the employer. The employee can only sign it or refuse employment.

It should be noted right away that additional changes may well be made to the provision. In this case, there is no need to re-sign. The parties simply sign an additional document indicating which clauses have been changed to which wording.

General information

The paragraph specifies the general provisions regulating the employee’s work:

• place of work;
• bid;
• field of activity, namely what is being sold (product, service);
• information about the employee, as well as company details.

Rights and obligations of the parties

The paragraph specifies general phrases characteristic of an agreement with any employee. We are talking about the employer’s obligation to regularly pay wages and ensure proper working conditions for the employee.

The employee, in turn, must perform duties in accordance with the signed agreement.

The section also states that the parties have the right to earlier than the established deadline if there are substantial grounds for this. The validity period of the agreement is also indicated here. If such a clause is absent in the text of the document, then such an agreement is considered unlimited.

An employment contract may contain clauses that are considered illegal. In this case, the employee has the right not to comply with them. If the manager includes something in the internal labor regulations that contradicts regulations, then dismissal for failure to comply with the clause will be considered completely illegal and the employee will easily be able to be reinstated in his position and receive compensation for forced downtime.

Work and rest schedule

If a fixed-term contract is concluded with an employee, then there is often a shift work schedule. The duration and frequency of shifts are regulated on an individual basis. Often in such organizations a new schedule is drawn up for a week or month. If an employee works more hours than stipulated in his employment contract, then shifts are paid at double the rate.

In this case, the contract must indicate at least general provisions on the issue:

• working hours;
• the number of hours that need to be worked per month or week;
• the beginning and end of the working day;
• general provisions on the schedule (5 days of 8 hours, shift schedule of 12 hours, etc.).

This may be regulated by additional industry regulations.

But we should not forget that the duration of work and the frequency of breaks cannot be established within the organization in a manner that is not provided for by law.

The same applies to other categories of the population for whom special working conditions may be established.

Situations often arise when employees are asked to work without a break, but with a reduced working day. This is considered completely illegal, even if the employee himself is not against it.

If we are talking about the work of sales managers at night (calls to remote regions or 24-hour stores), then it is necessary to create special working and rest conditions.

Guarantees and compensation

The employment contract must provide for social guarantees. The employer has the right to provide additional incentives and compensation for the employee. If for any reason an employee is injured, he can count on compensation.

Certain items may be provided for in each company separately. Some modern corporations even provide free medical care for employees. This is specified in the employment agreement.

Responsibility

The advantage of the job is that there is no responsibility in this case. The reason is that the employee simply is not . But we are talking only about those situations when a person is not personally involved in selling products. Simply put, if he offers a service or product over the phone, he advises people. But if he offers a product that he has in stock, then he is directly responsible for it. In case of loss or damage, he will be obliged to reimburse its full cost.

In this case, the standard on production volumes that can be written off during the inventory process (production costs) is not canceled. In practice, the employment agreement often provides for full compensation for the cost of production.

Also, the sales manager, like any other person, is responsible for equipment, furniture and other things entrusted to him that are of value. Often such workers may have a uniform, attributes of the brand they represent. You will also have to compensate for the cost of things if they are damaged.

In this case, liability may arise if a person has signed an agreement indicating a list of things transferred to him and their estimated value.

In addition, if we are talking about serious positions (regional representative of a brand), then liability may also arise for providing false information about the brand, damaging the image, espionage, and disclosing trade secrets.

For such offenses, not only administrative penalties may be provided, but also criminal liability.

Often prescribed for a period of up to 3 months. After this, if a person has proven himself to be a good experienced salesperson, an agreement can be concluded with him on more favorable terms: a higher rate and a larger bonus, as well as official employment.

The result of the probationary period is usually sales volumes. In modern organizations, this is often indicated initially: a specific plan is set that the employee needs to fulfill. If he fails to cope with the task, then the company says goodbye to him.

For the entire probationary period, the employee must also be paid a fixed salary and sales bonuses.

It is also a common situation when a trainee undergoes training separately (before the probationary period begins). Lasts 1-2 weeks depending on the specifics of the work. The purpose of this training is to provide the employee with maximum information about the company and brand with which he cooperates. The reason is that he simply cannot work without something like this. Based on the results of the completed training, he is given a grade. As a rule, at the end he takes a final test, which shows the employee’s theoretical knowledge.

An interesting point is the tuition fee. Usually, if it is successfully completed, then the hours spent are paid exactly in the same amount as regular work. If you don’t pass the test based on your study results, then you won’t be able to get anything for the time spent.

Responsibility

There are three types of liability (see Table 1).

Important information about the profession in the video:

Contract time

An employment contract with this kind of employees is concluded for a fixed-term period. A common type is . Although the law provides that the employer has the right to enter into fixed-term agreements with personnel only if it is not possible to conclude an open-ended one, in this case it is possible to justify this. The company's management can always emphasize that the project is a test project or that the sale of this product is seasonal.

The contract duration is six months or a year.

Also, open-ended contracts are concluded with those employees who hold serious positions: regional management management and other similar positions.

Fixed-term contract

Sometimes a situation arises when an employee copes poorly with his duties, and there is no one to replace him. Then it makes sense to draw up a fixed-term contract with a short term of work.

The structure of this agreement will not differ from a standard employment agreement with an employee. The same clauses about responsibilities, rights, obligations and terms of remuneration are present. Separately, information is provided about the duration of the contract and the reasons for concluding such a document.

How is it prepared and its sample

An employment contract with a sales manager is drawn up as a standard standard contract. The document must indicate the employee’s knowledge and skills, his responsibilities and rights. The contract itself may contain conditions in a brief description with reference to the job description.

Here, the employee’s functional responsibilities can be described in as much detail as possible, taking into account the manager’s qualifications and the specifics of his activities.

The employment contract itself requires specifying the employee’s responsibilities such as:

• implementation of the established sales plan;
• interaction with existing customers;
• cooperation with potential clients;
• performing preliminary work in anticipation of concluding a contract for the supply of products;
• concluding sales and purchase agreements with clients for the employer’s products;
• monitoring the delivery and shipment of goods;
• monitoring payments from buyers.

The employment contract should define the manager's working time and rest time. Basically, such an employee’s days off “float”, which must be spelled out in the employment agreement, as well as how days off are calculated.

An equally important condition is the procedure for remuneration. The salary of a sales manager can be calculated in different ways:

• as a percentage of the amount for which products were sold;
• as a percentage of the amount that exceeds the sales amount.

It is necessary to indicate methods of payment for work on holidays and weekends, payments for overtime and provision of additional rest for work outside working hours.

In all other respects, the employment contract with the sales manager contains standard information:

• date of conclusion and place;
• information about the employer, including the organizational and legal form, documents regulating activities, full name, details of the authorized representative;
• employee data indicating qualifications;
• the term of the agreement and the date of its entry into force;
• procedure and methods of remuneration;
• work schedule and rest time;
• duties, rights and responsibilities of the parties;
• signatures of participants and employer’s seal, if any.

Drawing up a part-time contract

The possibility of combining two or more positions is permitted by law.

Features of the conclusion of this document:

1. A manager can combine two positions at one enterprise and receive appropriate remuneration for additional efforts.
2. The manager works for various employers on a permanent basis or under a contract.
3. An employee temporarily fills a position where a specialist is absent. The agreement must reflect the work time and payment terms.

SUBJECT OF THE AGREEMENT

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer undertakes to provide the Employee with work as a sales manager, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this agreement, in a timely manner and in full amount to pay the Employee wages, and the Employee undertakes to personally perform labor functions and comply with the internal labor regulations in force at the Employer.

1.2. Work under a contract is the main one for the Employee.

1.3. The Employee’s place of work is the Employer’s ____________________, located at: ____________________.

1.4. The employee reports directly to ____________________.

1.5. The Employee’s work under the contract is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.

1.7. The Employee undertakes not to disclose secrets protected by law (state, official, commercial, other) and confidential information owned by the Employer and its counterparties.

1.8. In order to verify the Employee’s compliance with the assigned work, the parties agreed to conduct a test within ________________ months.

1.9. If the probation period has expired and the Employee continues to work, then he is considered to have passed the test, and subsequent termination of the contract is allowed only on a general basis.

Admission test

There are categories of persons to whom probation cannot be applied by law.

These include:

• youth under 18 years of age
• women during pregnancy
• women with a child under the age of one and a half years
• passed the competition
• graduated from an educational institution, if a year has not passed since graduation
• transferred from other institutions
• temporary employees