Order on the appointment of an acting director sample school

Summary

Questions

1. Do they have the right to check the acting director of a school?
1.1. Of course they do, but not all of them.

2. I am the acting director of the school. How long can this last?

2.1. As much as you like. There is no term limit.

3. It is necessary to fill out form No. 14001 if the director of a government institution has resigned and an acting director has been temporarily appointed. Who signs application 14001

3.1. Good afternoon. Of course, it is necessary, because otherwise the register will contain false information about the legal entity, i.e. a leader who is no longer such. In the application, indicate the position - acting director, attach an order of appointment. The application is signed and submitted by the acting director. The form is notarized.

4. A criminal case was opened against the previous director of the enterprise. I am the fourth interim. From the criminal case I only know that it exists. All documents at the enterprise were confiscated. Can I be recognized as a witness in this case?

4.1. They may, but in relation to yourself you have the right not to give any testimony at all - Article 51 of the Constitution of the Russian Federation without YOUR LAWYER.

4.2. Yes, of course they can. If you have any questions, I’m ready to answer in more detail.

4.3. Hello, they can if you have any questions. The witness has the right to: appear for questioning with a lawyer.

5. The chief accountant at the company quit. I, an accountant, am offered to be the acting chief accountant. Am I criminally liable for the previous period? If the director resigns, will all responsibility for the company be on me? If they find a chief accountant, will I be transferred back to accountant or will I just be dismissed from this temporary position?

5.1. You are not responsible for previous periods. On the last question, depending on how the employment relationship is formalized... is it a fixed-term employment contract or temporary performance of duties.

6. Does the acting school director have the right to fire and hire?

6.1. If this right is not limited by any local document, then most likely it is.

6.2. Yes it does, Vrio has the same rights.

7. I was appointed acting director at the municipal cultural institution of the Bilibinsky municipal district. She worked in the main position as deputy director for religious mass work and performed duties. Did I have the right to sign orders for incentive payments, bonuses, and financial assistance to myself?

7.1. See job description.

8. I have been appointed as an interim director during the holidays. Can I deprive an employee of his bonus for absenteeism?

8.1. Vr. the acting executive enjoys the rights of a manager without restrictions (unless otherwise specified in the order of appointment). The powers to make bonus payments belong to the first person, so you can issue an order for deprivation, but you must keep in mind that this action must comply with the requirements of the law and regulatory documents of the enterprise. .

8.2. Good afternoon. You have the right to do this in the following circumstances: - bringing an employee to disciplinary liability for absenteeism (with paperwork in accordance with the law), provided that the fact of bringing to disciplinary liability in accordance with the Regulations on bonuses (another similar local act) is grounds for deprivation of the bonus; — you have the right to the above personnel decisions in the power of attorney issued during the director’s vacation.

9. When the head teacher performs the duties of a director, can he be appointed from the teaching staff? personnel of the temporary acting head teacher, if possible, how to formulate the order?

9.1. Dear Magomed, the order for the head teacher to perform the duties of director is issued by the founder or a higher body (education management), he can also appoint from the pedagogical staff. personnel of the temporary acting head teacher. But in practice this does not happen. And about. the director may, by his order, appoint an acting director. head teacher

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How to legitimize the powers of an acting official in a joint stock company?

Sofia Danilova, legal consultant of corporate practice, Trusted Adviser LLC.
Reason for conversation:

The legislation does not clearly establish the legal status of the acting sole executive body. In this regard, the issue of legitimating his powers is relevant here.

Problem norm:

Art. 69 of the Federal Law “On Joint-Stock Companies” N 208-FZ.

Solution option:

develop a clear procedure for appointing an acting person, provide for the possibility of appointing this unit in the charter and other internal documents of the company.

Grounds for appointing an acting director. The need to appoint an acting sole executive body usually arises if the current director is unable to manage the current activities of the company. A common situation here is the temporary absence of a director while maintaining his position and, accordingly, labor relations with society (Articles 114, 167, 183 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation). For example , in case of a business trip, director’s vacation or for health reasons. In order to minimize possible difficulties in the participation of a joint stock company in civil circulation, in these cases, the functions of the sole executive body may be temporarily assigned to another person. If the corporate documents of the company provide for the presence of a deputy director, then determining the figure of the acting director will not be difficult. If the management of current activities is entirely carried out by one person - the director, without introducing the institution of a deputy, then it is necessary to additionally determine who will perform the duties of the director during the period of his absence.

It should be noted that the term “acting” is used primarily in labor legislation in relation to cases where an employee performs the labor function of another temporarily absent employee. Based on the analysis of the provisions of the current Labor Code of the Russian Federation, there are the following alternative ways of fulfilling the duties of a temporarily absent manager by another employee of the organization: by combining positions - Art. 60.2 of the Labor Code of the Russian Federation, in the order of combination - Art. 60.1 of the Labor Code of the Russian Federation and through temporary transfer - Art. 72.2 Labor Code of the Russian Federation. However, the first two methods do not provide for the release of the employee from his main labor function.

Along with the specified term, the concept of temporary i.o. is also used in judicial practice. or "temporary".

The concept of v.i.o. also used in corporate law. The law provides for the possibility of forming a temporary sole executive body in the event of suspension of the powers of a director on the initiative of the board of directors <1> or in the event that the director cannot fulfill his duties (paragraph 3, 4, paragraph 4, article 69 of the Federal Law “On Joint Stock Companies” No. 208-FZ, hereinafter referred to as the Federal Law on JSC).

<1> In this case, the right of the board of directors to suspend the powers of the sole executive body must be specifically provided for by the charter of the joint-stock company, while the issue of forming the executive bodies of the joint-stock company falls within the competence of the general meeting of shareholders.

The legislation provides that the decision to establish such a temporary body is made by the board of directors with the simultaneous adoption of a decision to hold an extraordinary general meeting of shareholders for the purpose of early termination of the powers of the director and the formation of a new sole executive body. In these cases, the appointment of an acting person is due to the actual termination of the powers of the sole executive body of the company.

Thus, the general grounds for appointing an acting director may be: the temporary absence of a director while maintaining his status as an employee of the organization or the presence of a vacant position of director in the event of suspension or termination of his powers by decision of the authorized body of the company.

Who can appoint, who can be appointed acting? Current legislation provides for two possible options for vesting powers with the general director. In the first case (in the temporary absence of the director while retaining his place of work), the decision on the appointment of an acting director will be made by the director himself by virtue of the provisions of clause 2 of Art. 69 Federal Law on JSC, Art. 20, 273 Labor Code of the Russian Federation. A similar conclusion is found in judicial practice <2>. This is due to the fact that the director, being the representative of the employer in labor and other directly related relations, is responsible for the organization of labor and the production process at the enterprise.

<2> Resolution of the Federal Antimonopoly Service of the Moscow District No. KG-A40/10694-10 in case No. A40-172646/09-137-1250 dated November 16, 2010.

An acting director cannot make an independent decision on his appointment if the position of director in a joint-stock company is vacant. In this case, a temporary acting director will be appointed by the board of directors for the period until the general meeting of shareholders makes a decision on the appointment of a new permanent sole executive body. The appointment of a permanent executive body, as a general rule, falls within the competence of the general meeting of shareholders - paragraphs. 8 clause 1 art. 48 Federal Law on JSC.

Equally important is the question of who can be appointed as acting director. It is obvious that if a decision is made to appoint a person directly as a sole executive body, only a person who has an employment relationship with the given joint-stock company can act as a candidate. This conclusion follows from the systematic interpretation of the following norms: clause 1 of Art. 53 Civil Code of the Russian Federation, clause 4 art. 69 Federal Law “On JSC”, Art. 20, 22, 273 of the Labor Code of the Russian Federation, and is also confirmed by established judicial practice <3>. It must be borne in mind that if the position of deputy director is provided for in the staffing table, then he must be appointed acting director. This is due to the fact that the very presence of a deputy implies partial assignment of the functions of a director to him in a specific area of his powers.

<3> Clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004, decision of the Arbitration Court of the Magadan Region in case No. A37-1517/2011 dated November 21, 2011, decision of the Smolensk Arbitration Court region in case No. A62-8718/2009 dated 04/19/2010.

In the absence of deputies, it is advisable to appoint another employee of the organization as an acting director, provided that his rights and interests are respected as a result of vesting him with such powers.

When the board of directors appoints a temporary acting director in the manner provided for in clause 4 of Art. 69 Federal Law on JSC, the circle of potential candidates is expanding. This is explained by the fact that the board of directors is, by force of law, a body of a legal entity, but it is not authorized to represent the interests of the employer (joint stock company) in labor relations, unlike the sole executive body. Therefore, when appointing a temporary acting director, the board of directors must act in the interests of the company and ensure that the powers are vested in a person who complies with the requirements established in clause 1 of Art. 71 Federal Law on JSC criteria of good faith and reasonableness.

Legitimation of the powers of the acting director. The greatest relevance within the framework of the issue under consideration is the problem of confirming the status of the appointed acting director in relations with third parties. Here, too, a distinction should be made between those performing duties depending on the order in which their powers are vested. An analysis of the current legislation and developed judicial practice indicates that the appropriate and sufficient basis for the acting person to carry out actions on behalf of the company is:

For a deputy by position appointed as an acting director directly - an employment contract, a power of attorney and an order of the sole executive body <4>.

<4> Resolution of the Federal Antimonopoly Service of the Moscow District No. KG-A40/10694-10 in case No. A40-172646/09-137-1250 dated November 16, 2010, decision of the Moscow Arbitration Court in case No. A40-14461/1198-12 dated June 14. 2011.

For an employee appointed by the director to an acting position - an employment contract, an additional agreement to it, a power of attorney issued by the director, and an order of the sole executive body <5>.

<5> Resolution of the FAS of the Volga-Vyatka District in case No. A11-4908/2009 dated 09/08/2011, Resolution of the FAS of the East Siberian District N A74-441/06-Ф02-3948/06-С1 in case No. A74-441/06 from 08.08.2006.

For a person appointed as the acting board of directors of a joint stock company - the corresponding minutes of the board of directors and an employment contract <6>.

<6> Resolution of the FAS of the North Caucasus District in case No. A20-361/2008 dated 03/20/2009, Determination of the FAS of the North-Western District in case No. A66-2498/2007 dated 02/14/2008.

This list is general in nature and is the result of systematization of the positions of various courts.

Because of this, when the acting director, depending on the order of appointment to the position, presents the relevant documents, doubts about the legitimacy of his powers should not arise.

Practical recommendations. The legal status of the person performing the duties of the sole executive body is not determined by current legislation. Therefore, in order to minimize the risks of a joint-stock company (in most cases, expressed in the possibility of recognizing the actions performed by the acting director on behalf of the company as illegal), it is necessary to develop a clear procedure for his appointment.

Acting status

The Labor Code does not indicate how to correctly write “temporarily acting.” Practice shows that in the documentation everyone tends to indicate an abbreviation for temporarily filled positions. To identify cases of combination, the following designations are used:

and about.;
and about;
VRIO;
put a slash in front of the job title.

The ideal option is to register in the document the current position according to the staffing table of the employee who is assigned additional responsibilities (the norm is confirmed by the provisions of clause 3.22 of GOST R.6.30-2003). How to write acting in abbreviated form - there is no need to make reference to the fact of replacement or combination, it is enough to indicate the current position of the signatory. The employee has the right to sign taking into account his current status at the enterprise and is regulated by an internal order or power of attorney.

If the requirements for designating the temporary performance of functions by another employee are fundamental for a separate document, then for those performing duties the abbreviation “acting” is affixed, and for temporarily performing duties - “Acting”. How to write acting director correctly - using the indicated abbreviations, but without putting a slash.

The use of a slash before the name of the position for which a temporary acting person is appointed is not provided for by regulatory documents. To indicate the fact of a temporary change in the identity of the signatory, you can indicate his current position or put the abbreviations “acting” before the name of the desired position. or "VRIO". The presence of punctuation marks and the use of capital or lowercase letters in the abbreviation does not matter.

Sample order for the appointment of an acting director

Sample order for the appointment of an acting official - Base Appoint financial director Igor Ivanovich Kasatkin Due to the unloading of turbidity flows and underwater landslide dislocations, sandy bodies of underwater alluvial cones were formed. Forms: Order on the appointment of an interim director. An analysis of the combinatorics of subcategorical features with a negative evaluative component shows that the motivation, the basis for evaluations, are to a greater extent moral values, and only in exceptional cases - utilitarian norms.

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How to draw up an order assigning duties to a director

No company can function properly without a director. And what to do if he is sick for a long time, is on a business trip or vacation? Usually the director has a deputy, whose replacement is part of his job responsibilities. But if there is no deputy, these duties can be assigned to another employee. To do this, issue an order assigning the duties of a director.

The order will not be needed in only one case. When the company's charter provides that the powers of the director are jointly exercised by several persons (clause 3 of article 65.3 of the Civil Code of the Russian Federation). In other cases, an order to assign duties is needed, even if they are assigned to the deputy director.

Find out whether the deputy needs to be paid extra for performing the duties of a director.

There is no unified form of the order, so compose it arbitrarily. Indicate to whom, for what time and what responsibilities the director delegates. For example, the director delegates to the head of the personnel department the right to sign personnel documents. List which ones exactly. An example of an order assigning duties is shown below.

Based on the order assigning duties, the head of the personnel department will sign documents in one of two ways. The first one will indicate the position: “acting.” general director." The second one will indicate his position: “Head of the Human Resources Department.”

Find out more about how to transfer the right to conclude employment contracts to the head of the HR department.

Sample order for the appointment of an acting director

. candidate, but also prepare a corresponding order for the appointment of an acting director (you will find a sample at the end of the article). order on the appointment of an acting general March 7, 2008. Help me please! We need a sample order for the appointment of an acting general director! Thanks everyone! The director goes on vacation - Klerk.ru June 2, 2015. We provide a sample of such an order on page . Here is a sample order. . The duties of the director are performed by another employee. Temporary performance of duties of director: order or May 10, 2013. Temporary performance of the duties of a director: order or. on the appointment of a person acting as director for the period.

Order on the appointment of an acting official. The section provides a sample order for the appointment of an acting official. There is no order on the temporary performance of duties of the director.

Rights and obligations of the former and new director

The rights of the sole executive body of the company are prescribed in Article 40 of Federal Law No. 14-FZ. They are removed from the previous director and transferred to the new one at the moment when the data on the change has already been entered into the State Register. This is due to the fact that counterparties, banks and other interested parties who requested an extract from the Unified State Register of Legal Entities before making changes will see there the head in the person of the outgoing director. If during this period any transactions are carried out, contracts are signed, then questions may arise for you.

The rights are removed from the previous director and transferred to the new one at the moment when the data on the change has already been entered into the State Register.

Cases are transferred from one director to another using an act of acceptance and transfer. Each of the directors, new or previous, is responsible for the period during which they exercised their powers (Article 44 of Federal Law No. 14-FZ). If the LLC faces a fine or serious loss that was caused by the action or inaction of the previous director, the founders have the right to file a lawsuit.

Changing a director in an LLC takes several days, but requires a serious approach and attention to documents. A correctly completed application, timely submission to the tax office - and you will avoid financial penalties from government authorities

Sample order for the appointment of an acting director

The General Director is the sole executive body of the organization, acts on behalf of the company without a power of attorney, including representing its interests and making transactions. If the general director goes on vacation, then it is necessary to formalize the transfer of his powers. His duties can be performed by a deputy or another employee.

This is appropriate, in particular, when the employee’s absence period is short or when the employee’s job responsibilities are not too large (for example, in the event of a short-term illness of the system administrator, a software engineer can replace him).

About translation and combination

The performance of duties can be either the first or the second. If an employee fulfills the duties of someone who has gone on vacation and their own work, this is a combination. If he was released from his main activity - transfer. An exception is that the acting official is a full-time deputy. For these cases, a different procedure for assigning responsibilities is provided, which may or may not require the consent of management.

If an employee is transferred for no more than 1 month, his consent is not required. In the event that a longer transfer is planned, or the new job requires lower qualifications than what the employee previously performed, consent will be required. If the work that the employee being transferred will need to perform is contraindicated for him due to health reasons, the transfer is prohibited.

When combining positions, the employee’s consent must be taken. This requirement is in accordance with the resolution of the Council of Ministers adopted on December 4, 1981.

If we are talking about a full-time employee, for example, a deputy director, his consent to assume the duties of a director is not required. A situation in which a deputy is assigned a narrowly focused duty to an absent worker may be controversial.

There are often situations when the general director has a large number of deputies in narrower areas of activity. Each individual individually will not be able to fully cope with the functions of the director in his absence, and at the same time everyone together cannot do the work for him, since 1 person must manage the enterprise. It is advisable to hire one person who is capable of fully performing the functions of the director in his absence, which will require the consent of such an employee. Consent must be in writing.

Acting appointment, work, payment

The head of an organization is, in fact, its only representative who can individually make decisions regarding the prospects for the development of the organization and lead its current management. A situation may arise in an organization when the head of the organization for some reason cannot fulfill his job duties (illness, vacation, etc.). From this article you will understand what to do correctly in this case.

https://youtu.be/_ecbhkpZNJ0

Legal status of the director The organization as a legal entity acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law and constituent documents (clauses 1 and 2 of article 49 of the Civil Code of the Republic of Belarus, hereinafter referred to as the Civil Code). The head of an organization is an individual who, by virtue of the law or the constituent documents of the organization, manages the organization, incl.

Order on appointment as acting

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Sample order for replacement during vacation. interim

Important

Each employee at the enterprise performs his own list of responsibilities. All employees have the right to rest, including annual leave

Absence may also be due to illness or maternity leave. In this case, another person is appointed to his position. According to the Labor Code of the Russian Federation, a person has the right to use different types of leave: basic, additional, educational, maternity, child care, administrative. Each type of work release has its own characteristics.

The replacement order must be issued simultaneously with the employee being sent on vacation. It is not always necessary to hire a new employee due to absence.

Who has the right to perform the functions of a manager?

The employee must meet the following requirements:

enjoys the trust of the boss;
has the appropriate knowledge and skills to manage the enterprise;
agrees to temporarily replace;
his level of education corresponds to that required for such a position.

Typically the duties are performed by:

direct deputy;
middle manager;
chief accountant or engineer.

There are three possible ways:

If the enterprise is large, its structure provides for a position such as deputy manager. This employee’s employment contract initially stipulates this obligation. However, it is recommended to issue both a power of attorney and an order, and these documents are issued once and cover all cases when the boss is not at the workplace:
during vacation;
sick leave;
business trips;
long absence for other reasons.
If the company is small, there is usually no deputy among its staff.
An employee acts on behalf of the manager while he is absent on the basis of a temporary transfer. Article 72.2 describes such relations, allowing transfer both with and without agreement.
A person who is not part of the staff is hired on a fixed-term contract. This method is applicable in case of long leave, for example, to care for a child.

Is it possible to assign additional responsibilities to an employee and how to do this

The replacement of the chief accountant and the head of the company is formalized by order even in the event of a one-day absence, since these persons bear full responsibility for the activities of the organization. The director can be appointed personally by the director himself, and if this is not possible, by the management body (general meeting of LLC participants).

Orders for temporary military personnel are registered in the log of orders for personnel and are stored for 75 years. Data that the employee was temporarily an independent worker without leaving his position is not entered in the work book, but can be recorded in the T-2 personal card.

If an employee replaces a person who is a MOL, it is necessary to conclude an agreement with him on full financial responsibility. Temporary performance of duties can be terminated early, either at the initiative of the employer or at the request of the employee - it is enough to notify the other party 3 days in advance.

The basis for drawing up an order for the temporary performance of duties of a manager

According to Art. 273 of the Labor Code of the Russian Federation, the head of an organization (general director, director, president, chairman, etc.) is an individual who, in accordance with the Labor Code of the Russian Federation and other regulations, constituent documents, local acts, manages this organization, including performs the functions of its sole executive body.

In the absence of the head of the organization at the workplace (for example: due to vacation, business trip, illness, internship, etc.), an employee must be appointed temporarily acting as the head of the organization. AND ABOUT. The head of the organization is responsible for the management of the entire organization.

When appointing a temporary acting manager, one should rely on the provisions of Art. 60.2 of the Labor Code of the Russian Federation, from which it follows that the manager must :

obtain the employee’s written consent;
establish the amount of payment for temporary performance of additional work;
establish the period during which the employee will perform duties, their content and scope.

Only the head of the organization or management bodies (for example: a general meeting of participants or shareholders, etc.) has the right to assign an employee to temporarily perform the duties of the head of the organization.

The basis for appointing an employee as a temporary worker will be an order.

Appointment of an employee as acting for a vacant position

The appointment of an employee as acting for a vacant position is allowed only in strictly specified cases: when the conclusion of an employment contract is carried out in connection with election through a competition to fill the corresponding position, appointment to a position or confirmation in a position. If an employee hired by a manager who is not from among the employees of the given enterprise, institution, or organization is not approved for the position, he must be offered another job, taking into account qualifications and experience.

In the absence of appropriate work or refusal of the offer, he is released from work on the grounds provided for by law. (This document is applied in accordance with Art. And employees, in turn, voluntarily agree to this. In practice, it turns out that employees perform both their own and others’ work.

Remuneration, in turn, as a rule, in such cases does not correspond to the volume of work activity. It is quite difficult to challenge such situations, since employers take written consent from employees.

Quitting is often the only option. Nevertheless, if such contradictory situations arise, it is advisable to contact the labor inspectorate. Essentially, the employee can refuse to perform additional duties.

To do this, he needs to contact the employer directly and write a statement. It is worth saying that many employees consciously agree with the employer’s proposal. This is usually associated with the employer's promises to pay high remuneration. But in reality, the employee does not always receive the expected amount. It is in such situations that problems begin. On the one hand, the employer’s actions are illegal, on the other hand, the employee himself agreed to the conditions. Conclusion To avoid problems with any personnel changes, employees should carefully read the documents issued by the employer. If you are unsure of the legality of certain conditions, it is advisable to consult an independent lawyer. Ignorance of the law often leads to very negative consequences. The employer's orders must use only the language provided for by labor standards. In the Labor Code, the appointment of an employee as acting in a vacant position is prohibited. If it does take place, it should be recognized as a transfer to permanent work. Accordingly, the position will no longer be vacant, and it is impossible to hire another person for it.

How to appoint an executive officer: order for temporary performance of duties

In any company, employees go on vacation, go on business trips, and get sick. A replacement person is usually appointed to perform the functions of a temporarily absent employee. At the same time, he is not relieved of his own work, and in practice he often receives a position with the prefix “I.O.” without any additional charges. From the point of view of the law, this can be regarded as forced labor, therefore an order for temporary performance of duties must be drawn up in compliance with the prescribed procedure.

Acting or acting as correct

Until recently, all business correspondence was purely male: general director Ivanova, editor-in-chief Petrov. This unspoken rule was not described anywhere, but every self-respecting philologist refrained from using feminists.

However, in modern society, an increasing number of women are beginning to think about gender equality, so the words “director” or “editor” today may surprise few people.

However, the use of feminists still hurts the ear, so business documentation should adhere to established standards: if it is necessary to convey information about someone temporarily performing someone’s duties, then it is better to do this without reference to gender. For example, “to assign a bonus in the amount of two salaries to the acting chief accountant Maria Pavlovna Sidorova...”

On the other hand, approval by gender is not a violation, and if in the same order on awarding a bonus the employee writes: “acting chief accountant Maria Pavlovna Sidorova...” - this will not be considered an error and perhaps in a few years this form will even become a priority.

Sample order for the appointment of an acting director

If the Sample Order of Appointment is temporary, then the relationship between the original and the translation is as follows. Sample order for the appointment of a director Indeed, the concept as a cultural phenomenon refers to collective values, representing elements of collective consciousness, but refracted in the minds of individual native speakers.

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I.o., or how to properly replace an employee

Info

Registration of the performance of duties We started the conversation with the fact that signatures like “and” should be indicated in documents. O. General Director" is not possible. However, in accordance with paragraph 3.22 of GOST R 6.30-2003 “Unified Documentation Systems”, the “Signature” requisite includes: the title of the position of the person who signed the document, personal signature and its transcript (initials, surname). At the same time, such a position as “acting the duties of someone” is not provided for by law, therefore the employee who is entrusted with performing the duties of a manager, when signing the document, indicates the position that he actually occupies according to the staffing table.

Sample order for the appointment of an acting director

There is no unified order form provided by Goskomstat, as a result of which companies can develop and approve the form on their own. In accordance with generally accepted rules, the document form must contain the following data:

An employee can temporarily replace a director only on the basis of a decision of the meeting of founders or if the candidate is approved by the current director. Drawing up an order is preceded by a certain sequence of actions by a personnel employee:

On the issues of assigning duties to officials to fulfill the powers of heads

February 9, 2017

The Ministry has prepared three versions of provisions that specify the issues of assigning responsibilities to officials to exercise the powers of heads of municipalities.

The Ministry of Territorial Development of the Kamchatka Territory analyzed the norms of the charters of municipal formations in the Kamchatka Territory, regulating the issues of imposing on an official the duty to temporarily exercise the powers of the head of a municipal formation or the head of the administration of a municipal formation in the event of the temporary absence of these persons or their early termination of powers.

The analysis showed that in most charters, depending on the combination of other positions by the head of the municipality, it is established that the performance of the duties of the head of the municipality in the event of his absence is assigned to the deputy head of the administration or the deputy chairman of the representative body.

At the same time, the legal act on the appointment of an official as acting official, in most cases, is issued exclusively by the head of the municipality; other possible options are not specified.

At the same time, in practice there are cases when the head of a municipality, due to current life circumstances (serious illness, accident, early termination of powers, removal from office due to an inspection), cannot issue the corresponding legal act, which makes it impossible for others to execute an official of his powers.

In addition, the Federal Law of December 28, 2016 No. 494-FZ sets out in a new edition part 7 of Article 36 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”, according to which in the event of early termination of powers the head of a municipal formation or the application of procedural coercive measures to him by a court decision in the form of detention or temporary removal from office, his powers are temporarily performed by an official of local government or a deputy of the representative body of the municipal formation, determined in accordance with the charter of the municipal formation.

Taking into account the above standards, the ministry invited the heads to consider the issue of amending the charters of municipalities.

In order to provide practical assistance, three versions of provisions have been prepared that specify the issues of assigning duties to officials to exercise the powers of heads of municipalities. You can read the wording

The proposed amendments to the charters of municipalities have been previously agreed upon with the Department of the Ministry of Justice of the Russian Federation for the Kamchatka Territory.

The boss is not there

In practice, a situation may arise when the head of an organization is absent from his workplace for one reason or another. Since the director is a key figure in the company, someone must perform his duties in his absence. To do this, an order is issued to the acting director. The replacement is formalized if the company's charter does not stipulate that the functions of the general director of the organization are performed by several employees (clause 3 of article 65.3 of the Civil Code of the Russian Federation).

In general, the responsibilities of the general director, which is quite logical, are assigned to his deputy. However, if the position of deputy director is not provided for on staff, then the duties of the manager can be delegated to any employee of the company. When transferring powers, the question arises of how to abbreviate “acting director.”

In addition to the order, you must issue a power of attorney for the acting director with the right to sign. This is explained as follows. A power of attorney for the acting director confirms the powers of the employee to whom the functions of the director have been transferred for contractors. That is, this document is intended to serve as proof that the deputy director can represent the interests of the company in relations with third parties. For example, signing contracts with counterparties. Therefore, you need to thoroughly understand the question of how to write “acting director”.

The procedure in which the temporary replacement of the head of the organization will take place can be provided for in the company’s statutory documents. For example, in the event of a long absence of a director, it is possible to provide an algorithm for appointing a new head of the company to the position (Clause 2, Article 12 of Federal Law No. 14-FZ dated 02/08/1998, Article 11 of Federal Law No. 208-FZ dated 12/26/1995).

Fulfillment of duties for a vacant position, order, deadline

All this and similar actions to resolve difficult situations with the appointment of heads of state authorities and local governments have become models for commercial organizations and are used by them without taking into account the fact that the appointment of “acting” The Chairman of the Government of the Russian Federation, the Prosecutor General of the Russian Federation, the Central Bank of the Russian Federation and other VIP persons is based on the norms of special laws. Meanwhile, disputes over a candidate for a suddenly opened vacancy of the head of an organization force the founders (participants) of commercial organizations to make decisions on the appointment of an “acting executive.” The general meeting of the founders of the LLC satisfied the request of the general director for early termination of the employment contract.

When deciding on the election of a new CEO, the founders were divided into 2 camps: one was categorically against the candidate promoted by the other.

Acting General Director

If the organization does not have a deputy position, then the replacement is formalized for the period while the management is absent. For example, instead of a director there may be a chief engineer, a financial director, or a personnel director.

The chief accountant is usually replaced by a financial director or accountant. In case of long-term absence, it is allowed to hire a new employee who has such a profession.

Sometimes it is necessary to issue an order for the right to sign. This is usually needed for accountants, economists, delivery drivers, logisticians, and branch employees.

Even if the manager is on vacation, an order for the right to sign will allow you to work with documentation. What does the order include? Each organization usually has a single order form.

If it is necessary to register a vacation, documentation is drawn up on its basis. A sample order for replacement during vacation is in the article.

https://youtu.be/DN48cpOL35s

Temporary performance of duties for a vacant managerial position

New Accounting", No. 2, 2004 EMPLOYEE APPOINTED AS ACTING DUTIES Assigning duties to an absent employee is a fairly common situation. There are cases when an employee is appointed acting for a vacant position. Read below on how to properly complete such assignments. Often in practice, situations arise when an employee is appointed acting for a position, including a position that is vacant. A vacant position is a position available on the employer’s staff list for which an employment contract has not been concluded. If an employee is absent due to illness, vacation or business trip, the position he occupies is not vacant. We will call the absence of an employee from work caused by such reasons a temporary absence of the employee. It should be taken into account that the employer does not have the right to transfer the employee to another job without his consent and release from his main activity. If an employee wishes to combine work responsibilities, he must give written permission to do so. Additional payments An employee who has agreed to combine work, in accordance with Article 151 of the Labor Code, has the right to additional payments.

The amount of additional payment is established by agreement of the parties. According to current regulations, additional payments may be received by a full-time deputy of an employee who is temporarily absent from work. Explanations of the Supreme Court Previously, a provision was applied according to which the amount of additional payment was determined as the difference between the official salaries of employees if the replacement employee is not a full-time assistant (deputy) of the absentee. However, by the decision of the Supreme Court Collegium, this rule was recognized as violating the labor rights of employees.

According to paragraph 2 of the Explanation “On the procedure for paying for temporary substitution” (approved by the resolution of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 (taking into account the determination of the Cassation Board of the Supreme Court of the Russian Federation dated March 11, 2003), the appointment of an employee as acting for a vacant position is not allowed. This is only possible by position, the appointment to which is made by a higher management body (in the context of a legal entity, such a higher body is the general meeting of participants (shareholders), board of directors, etc.) In this case, the head of the enterprise, institution, organization is obliged no later than one month from the date of acceptance worker for a job, submit documents to a higher management body for his appointment to a position, and the latter, within a month from the date of receipt of the documents, must consider the issue and inform the manager about the results. In principle, this is how the transfer was interpreted by the assignment of duties for a vacant position by the same Explanation " On the procedure for paying temporary substitution" as amended in 1965: "The appointment of an employee as acting for a vacant position is not considered temporary substitution. Such an appointment is a transfer to another job with the consent of the employee, therefore, dismissal from the position for which he performs duties can only take place in cases provided for by law. If an employee is appointed acting for a position, the replacement of which requires approval from a higher organization, then his release from this position, in the event of non-approval by the higher organization, must be carried out with the provision of work with qualifications and pay not lower than that which the employee performed before the transfer. Example . The head of the planning department of Planer LLC was sent by his employer on a business trip outside the Russian Federation for a period of two months. During the absence of the head of the department, the deputy head of the department is appointed acting as the head of the department without being relieved of duties for the main job. In this case, the deputy head of the department has the right to receive additional payment for performing the duties of the absent employee in the amounts established by agreement of the parties. If an employee is released from performing duties at his main job during the period of temporary transfer to replace an absent employee, he has the right to wages for the work performed, but not lower than the average earnings for his previous job.

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Sample order for the appointment of an acting director

Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 N 820/39 approved the explanation of the USSR State Committee for Labor and Social Issues and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 N 30/39 “On the procedure for paying temporary substitution” (as amended by the Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated December 11, 1986 N 521/30-18). In accordance with paragraph 1 of the clarification, temporary substitution is considered to be the performance of official duties in the position of a temporarily absent employee when this is caused by production necessity. Temporary performance of duties in the position of an absent employee is assigned to another employee by order (instruction) of the enterprise, institution or organization. The replacement employee is paid the difference between his actual salary (official, personal) and the official salary of the replaced employee (without personal allowance) if the following conditions are simultaneously met: a) if the replacement employee is not a full-time deputy or assistant to the absent employee (in the absence of a deputy position). In cases where the manager has several assistants, the first, senior assistant is considered a full-time deputy. The chief engineer of an enterprise, institution or organization during the period of temporary replacement of an absent manager has no right to receive a difference in salaries. Arkhangelsk territorial trade union organization of the Russian Trade Union of Railway Workers and Transport Builders in the interests of trade union members Ermolina G.P., Plakidina V.E., Poznyakova V.E., Kopenina S.A., Moreva P.N. appealed to the Supreme Court of the Russian Federation with an application to invalidate the above provisions of paragraph 1 of the clarification regarding the prohibition on paying a full-time deputy or assistant to an absent employee, as well as the chief engineer, the difference between their official salary and the official salary of the replaced employee, citing the fact that these provisions do not comply with labor legislation and limit the constitutional right of workers - members of a trade union to remuneration for their work, without any discrimination. The Supreme Court of the Russian Federation made the above decision. In the cassation appeal, the Arkhangelsk Territorial Trade Union Organization of the Russian Trade Union of Railway Workers and Transport Builders raises the issue of overturning the court decision, citing the erroneousness of the court's conclusions about the compliance of the contested provisions of the normative act with federal law. Having checked the case materials and discussed the arguments of the cassation appeal, the Cassation Board finds the decision of the Supreme Court of the Russian Federation subject to cancellation on the following grounds. According to Art. 423 of the Labor Code of the Russian Federation introduced on February 1, 2002, pending the bringing of laws and other regulatory legal acts in force on the territory of the Russian Federation into compliance with this Code, laws and other legal acts of the Russian Federation, as well as legislative acts of the former USSR in force in territory of the Russian Federation within the limits and in the manner provided for by the Constitution of the Russian Federation, Resolution of the Supreme Council of the RSFSR dated December 12, 1991 N 2014-1 “On the ratification of the Agreement on the creation of the Commonwealth of Independent States”, apply to the extent that they do not contradict this Code. In refusing to satisfy the stated claim, the Supreme Court of the Russian Federation proceeded from the fact that the contested provisions of the Explanation do not contradict the Labor Code of the Russian Federation. At the same time, the court based its decision on the arguments of a representative of the Ministry of Labor and Social Development of the Russian Federation, which consisted in the fact that the positions of a full-time deputy, assistant (in the absence of a deputy position) and chief engineer are classified by the All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Grades, approved by the Resolution State Standard of the Russian Federation dated December 26, 1994 N 367 for employee positions. Resolution of the Ministry of Labor of Russia dated June 6, 1996 N 32 approved the wage categories of the Unified Tariff Schedule and Tariff and Qualification Characteristics (requirements) for general industry positions of employees. And although Tariff and qualification characteristics for the positions of deputy managers have not been developed, this is due to the fact that the job responsibilities of these employees, the requirements for knowledge and qualifications are determined on the basis of the Tariff and qualification characteristics for the position of manager. At the same time, the official salaries of deputies are set at 10 - 20% lower than the salary of the corresponding manager (clause 3 Note to the UTS). Therefore, according to the Supreme Court of the Russian Federation, by virtue of their positions, full-time deputies or assistants (in the absence of a deputy position), the chief engineer (as being the first deputy manager) without any additional payment are required to perform the functions of a manager in his absence, based on their qualifications requirements for the position, including such substitution as the main job function. Thus, the court of first instance proceeded from the fact that the contested provisions of the clarification do not contradict the requirements of the Labor Code of the Russian Federation. However, the Cassation Board cannot agree with such conclusions of the court, since they were made with incorrect application of substantive law. Indeed, the provisions of Art. 74 of the Labor Code of the Russian Federation, which regulates the issue of temporary transfer to another job in case of production necessity, and the provisions of Art. 151 of the same Code, which regulates the issue of remuneration when combining professions and performing the duties of a temporarily absent employee, are not directly related to the dispute under consideration, if we assume that the job responsibilities of the above-mentioned replacement workers include the function of replacing the manager in the event of his absence and the tariff for the position of a replacement employee is made taking into account precisely such job responsibilities of this employee. However, the fundamental provision of Art. 74 of the Labor Code of the Russian Federation (which has a certain legal significance for the case considered in this case) is that payment for work actually performed during a temporary transfer to another job must be made for the entire period of such transfer (up to 1 month during the calendar year). A similar fundamental provision regarding the mandatory additional payment for combining professions and performing the duties of a temporarily absent employee without release from his main job for the entire period of such combination or performing additional duties is also contained in Art. 151 Labor Code of the Russian Federation. According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right to full payment of wages in accordance with his qualifications, complexity of work, quantity and quality of work performed. The disputed provisions of the clarification do not correspond to these (stated above) norms of labor legislation, since they allow the payment of wages to the above-mentioned employees for the work performed during the absence of the manager, in particular, not in accordance with the amount of work performed and the complexity of the work. It is quite obvious that the complexity of the work and the amount of work performed by a full-time deputy or assistant of an absent employee (in the absence of a deputy position), as well as by the chief engineer, during the absence of the replaced employee is much higher than during the period when the hired employees perform the work with a working manager. From the case materials it follows that some of the deputy managers perform work in the absence of the manager for about 1 month in the calendar year. Other deputies work in the absence of managers for a long time (up to 8 months in a calendar year), however, due to the validity of the contested provisions, neither the first group of such workers nor the second have the right to receive the difference in salaries, which is clearly contrary the fundamental provisions of the Labor Code of the Russian Federation on the right of an employee to receive wages in accordance not only with his qualifications, but also with the complexity of the work, the quantity and quality of the work performed. The reference by the representative of the Ministry of Labor and Social Development of the Russian Federation to the fact that if a manager is absent for a long period of time (more than 1 month), the difference in salaries is actually paid to his replacement employee cannot be taken into account when resolving this dispute, which consists in standard control, while that the disputed provisions of the clarification themselves do not say anything about the need for such a payment in the event of a long-term replacement of a manager by an employee (more than 1 month in a calendar year). As stated above, in the version under consideration, the contested provisions of the clarification create obstacles for deputies who have been replacing an absent manager for a long time to exercise the right to remuneration in accordance with its complexity, as well as the quantity and quality of work performed. The reference of the representative of the Ministry of Labor and Social Development of the Russian Federation to the fact that, according to paragraph 3 of the Note to the UTS, approved by Decree of the Government of the Russian Federation N 785 of October 14, 1992 (Appendix N 1), the official salaries of deputies are set 10 - 20% lower, is unfounded the salary of the corresponding manager, since this rule was declared invalid by Decree of the Government of the Russian Federation No. 189 of February 27, 1995. The disputed provisions of the clarification in the existing wording also contradict other norms of the law. The clarification of December 29, 1965 No. 30/39 itself does not contain an exception regarding its application to employees of organizations financed from budgets of various levels, and to employees of other organizations (commercial). In accordance with Art. 143 of the Labor Code of the Russian Federation The tariff system for remuneration of employees of organizations financed from budgets of all levels is established on the basis of the Unified tariff schedule for remuneration of employees in the public sector, approved in the manner established by federal law, and which is a guarantee for remuneration of employees in the public sector; The tariff system of remuneration for employees of other organizations can be determined by collective agreements, agreements, taking into account the unified tariff and qualification reference books and state guarantees for remuneration. Article 144 of the Labor Code of the Russian Federation provides the employer with the right to establish various bonus systems, incentive payments and allowances, taking into account the opinion of the representative body of employees; These systems can also be established by a collective agreement, and only in organizations financed from the federal budget, the procedure and conditions for the application of additional payments, allowances, bonuses and other payments are established by the Government of the Russian Federation. In organizations financed from the budget of a constituent entity of the Russian Federation, such a procedure and conditions for the application of additional payments are established by the state authorities of the constituent entity of the Russian Federation; in organizations financed from the local budget - by local governments. The contested restriction on remuneration of workers replacing an absent manager, in the current wording of the explanation, contradicts these articles of the Labor Code of the Russian Federation. The contested provisions of the clarification in the existing wording and Art. 145 of the Labor Code of the Russian Federation, according to which remuneration for managers and their deputies in organizations financed from the budget of a constituent entity of the Russian Federation is made in the manner and amount determined by the state authorities of the relevant constituent entity of the Russian Federation, and in organizations financed from the local budget - by local government bodies ; the amount of remuneration for heads of other organizations and their deputies is determined by agreement of the parties to the employment contract. In addition, the representative of the Ministry of Labor of Russia did not present to the court in support of the argument that full-time assistants, deputies and chief engineers, if they perform the duties of an absent manager, are entitled to higher wages and higher wages, and precisely for the performance of the duties of an absent manager. For the reasons stated above, the Cassation Board considers the conclusion of the court of first instance that the contested provisions of the normative legal act comply with the current labor legislation and that the application of these provisions in the existing version does not violate the labor rights and interests of workers to be erroneous, made as a result of incorrect application of substantive law. And since the normative act in its challenged part contradicts the law and the application of this act leads to a violation of the labor rights of citizens, the application of the trade union body must be satisfied. Guided by Art. Art. 360 and 361 Code of Civil Procedure of the Russian Federation, Cassation Board