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All about employment contracts with managers of various enterprises. Article navigation
- Employment contract with the general director of the LLC
- When a contract is not needed
- If the director is one of the founders
- If a hiring manager is appointed
- Employment contract with deputy director
- Employment contract of the financial director
- Employment agreement with the development director
- Employment contract with warehouse manager
- Employment contract for commercial director
- Agreement with the pharmacy manager
- Agreement with the HOA manager
- Employment contract with the head of the legal department
- Employment contract with the director of a charitable foundation
- Agreement with the construction director
- conclusions
All employment contracts are very similar to each other. They contain almost identical paragraphs that list rights and obligations, details of the parties, dates of conclusion and other information that gives the text the properties of an official document.
However, there is a special case when the head of an enterprise is appointed. If it is state-owned, then everything is clear: the issue is decided by a higher authority. What to do if gen. Does the owner of the organization become the director? Should he make a contract with himself? Features of registration of employment of representatives of top management will be discussed in this article.
1. The Subject of the Agreement
1.1. The Employer instructs, and the Employee assumes, the performance of labor duties in the position of _____________ in _________________.
1.2. The work under this agreement is the main one for the Employee.
1.3. The Employee’s place of work is ______________ at the address: __________________.
1.4. The Employee’s work under this agreement 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.
1.5. The employee reports directly to _____________________.
1.1. The employee is hired as the head of the legal department.1.2. This agreement is an agreement (underline as appropriate): for the main place of work; for part-time work.
Employment contract with the general director of the LLC
In practice, such an extraordinary event as the appointment of a general director may be accompanied by various circumstances. It makes sense to consider the most common scenarios for the development of events in detail, highlighting the design features.
When a contract is not needed
A situation in which the sole owner of a company prints out an order for his own appointment as a director and signs an agreement with himself as the head of an LLC seems very strange indeed. Legally, such a document can be declared void, if only for the reason that the parties involved are the same person.
In this case, an agreement is not needed, which is confirmed by Article 273 of the Labor Code of the Russian Federation. A protocol drawn up by the sole participant of a joint stock company is quite sufficient. There is no required form to use, but the document must contain the following items:
- The will of the owner of the enterprise to personally perform the duties of the general director is expressed in any form.
- The founder himself assumes the responsibilities and rights of the general director with their detailed listing.
- Based on the charter of the enterprise, the validity period of the document is indicated. If it is not there, the appointment is considered unlimited.
- An additional (optional) clause stipulates the procedure for replacing the manager in the event of his absence.
The content of the protocol on appointing oneself to the position of General Director is very similar to an employment contract, but its meaning is expressed by the word “decision”. The legal basis is the letter of the Federal Service for Labor and Employment No. 2262-6-1 dated December 28, 2006.
The order, however, is issued and brought to the attention of the team. This is necessary so that employees know who is managing them and on what basis.
An example of an order appointing the sole founder as general director:
If the director is one of the founders
This situation often occurs, and it is natural. The motivation of a co-owner is stronger than that of an employee. The decision looks almost the same as in the case of a sole owner, but the protocol is signed by a group of people. In addition, most often an employment contract is concluded.
If the meeting of founders decides to appoint one of them as a manager, then a specific clause on salary appears in the documents (employment contract, decision and minutes). An employment contract for the founder is not always necessary. It happens that the owner, chosen by the manager, is ready to work for the common good without additional remuneration, only for the dividends due to him. However, in fairness, any work must be paid, and since this is the case, then an employment contract must be concluded. It specifies the salary and bonus conditions.
The meeting of founders and the board of directors must approve the contract if the remuneration specified in it exceeds a quarter of the value of the enterprise's assets.
The rest of the content of the employment contract corresponds to the standard form. The co-founder acts simultaneously as both the owner of a part of the company and its employee on the terms specified in the TD. The document is valid for up to five years.
According to Article 277 of the Labor Code, the financial responsibility of the manager arises in any case, even if the text of the contract does not say anything about it.
If a hiring manager is appointed
The involvement of a project manager, director of a separate division or any representative of the company's top management is carried out according to the rules set out in Article 11 of the Labor Code, which applies to all hired personnel.
You can download the sample from this link:
However, there are differences with ordinary employees:
- The permissible length of the probationary period is doubled to six months.
- The duration of the contract is determined by the charter of the enterprise.
- Permission to work part-time is given by the owner (single or collective).
- The manager does not have the right to participate in the bodies that control his work.
- The hired manager bears full financial responsibility.
- Termination of an employment contract occurs by decision of the owner, in case of bankruptcy of the enterprise and in cases provided for in Chapter 13 of the Labor Code of the Russian Federation (at the employee’s own request, by agreement of the parties, upon expiration of the term).
The top manager must give one month's notice of dismissal on his own initiative.
If the employer terminates the employment contract with the hired manager and does not make any claims against him, the contract provides for the payment of monetary compensation in the minimum amount of three average monthly salaries.
If a hired general director needs an extract from an employment contract to submit to a bank or government agencies, then he draws it up personally, while bearing responsibility for the veracity of the information specified in it.
The head of the enterprise acts on the basis of constituent documents, in particular the charter. Decisions not provided for by them are made by the meeting of founders.
Employment contract with the head of the legal department: what job responsibilities should be specified?
• Identification data of the parties;
• Duration of validity, but with a fixed-term contract you must indicate the reason, for example, replacement of a permanent employee;
• Job responsibilities of the hired specialist;
• Salary and everything that in any way affects it (for example, bonuses, bonuses, etc.) - official salary or piecework payment under a contract, or an hourly payment system;
•Signatures of the parties and seal of the organization.
Employment contract for the head of a legal entity. department may contain information about the probationary period. Considering that we are talking about a managerial position, the maximum probationary period under an employment contract cannot exceed 6 months. After this, you hire the employee on a permanent basis or terminate the contract if the specialist does not meet the organization’s requirements.
Does it make sense to write down absolutely all the responsibilities that you want to assign to a new employee? Of course no. A full list of functions is specified in the job description, and the employment contract itself is for the head of the legal entity. department should contain generalized information presented in a fairly concise form.
• Planning, organization and control of the subordinate department; development of job descriptions;
• Distribution of responsibilities of subordinates, monitoring the execution of assignments, coordinating the hiring/dismissal of department employees;
• Representation and defense of the interests of the enterprise in government agencies, courts, and so on.
3.1. For the performance of labor duties, the Employee is paid a salary in the amount of _____ (_____________) rubles per month.
3.2. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees “____________”, which the Employee was familiarized with when signing this agreement.
3.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of _____% of the salary for the combined position.
3.4. Overtime work is paid for the first two hours of work at time and a half, for subsequent hours - at double rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
Employment contract with deputy director
An employment contract is concluded with the direct assistant to the manager (deputy general director) without the participation of the founders, as with any hired employee. The manager himself signs the contract, but in most cases the candidacy is agreed upon with the owners of the enterprise and approved orally. An example of an employment contract can be downloaded from the link:
What the head of the sales department must know
- How is the company’s trading activities for selling products organized?
- What is the range and features of the goods sold by the company.
- What are the socio-economic features of the region and individual cities, what capacity do local sales markets have, what ways can you promote your products, who competes with your company (sells products similar to yours in the regional markets).
- What are the basics of the process of active sales, cold calls, as well as the psychological principles of communication with clients.
- How to organize and conduct advertising campaigns and promotions to promote a product.
- What legal acts regulate trade in manufactured goods.
- How to prepare primary accounting (commodity, payment) documents, what software is available for conducting commercial activities.
- In accordance with what principles the work of the sales department is organized, planning, control, recording of indicators and reporting.
Employment contract of the financial director
A financial director is an employee just like any other. The employment contract with him is concluded according to the usual standard model. The peculiarity in this case is the rather lengthy description of the duties of the employee holding this post. This section most often lists in detail the qualification requirements, what the CFO must know and do, and what changes in legislation he must monitor.
The form can be downloaded from this link:
Contract manager with a detailed description of the work
Takes the necessary measures and immediately notifies the Employer if a situation arises that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).
5.1.8. Receives, in accordance with the established procedure, cash and securities from the Employer's cash desk, delivers them to bank institutions at the location of the current or current account with mandatory compliance with the rules ensuring their complete safety.
5.2. The employee has the right to:
5.2.1. amendment and termination of the contract in the manner and on the terms established by the Labor Code of the Russian Federation and other federal laws
5.2.2. providing him with work stipulated by the contract
Employment agreement with the development director
The description of the responsibilities of the development director or deputy general director for development (this position is called differently, sometimes adding the word “branches”) is also quite voluminous. Each company has its own requirements, and an example of an employment agreement or contract can be found here:
Employment contract with warehouse manager
An agreement with a warehouse manager is similar in content to employment agreements concluded with a store manager or technical director.
There are no clear differences, and each enterprise may have its own requirements. A common feature is financial liability, but it is usually formalized in a separate agreement.
Agreement with the HOA manager
In its form, an employment contract with the manager of a homeowners' association is not much different from agreements with other managers.
It should, however, be remembered that integral parts of this document are the job description approved along with the charter and the power of attorney of the HOA, which gives basic rights and powers. The sample can be found here:
Requirements for the Head of Marketing Department
The employment contract with the head of the marketing department or its annex (job description) indicates the knowledge or skills that the head of the marketing department must have to perform his duties.
The head of the marketing department , who is hired and fired by order of the director, belongs to the category of managers.
A person who has a higher professional (economic or engineering) education and has at least 5 years of work experience in the field of marketing is appointed to the position of head of the marketing department.
The head of the sales department reports to the employees of the marketing department - marketers, brand managers, assistants.
The main functions of the head of the marketing department are:
- manage the marketing department;
- participate in the development of the enterprise’s marketing policy;
- coordinate the activities of functional units for the collection and analysis of commercial and economic information.
Employment contract with the director of a charitable foundation
A contract of this type is concluded on behalf of a charitable foundation represented by its board of trustees on the basis of its charter.
The non-profit nature of the organization gives the document some specificity, consisting mainly in limiting financial liability to the amount of three monthly salaries.
Agreement with the construction director
The position provides direct subordination and accountability to the General Director. The contract takes into account the possibility of overtime work and specifies the procedure for its payment. The list of responsibilities is usually long and corresponds to the needs of the enterprise in the construction and renovation of premises. All other details are standard.
