On approval of standard employment contracts with the head of budgetary and state-owned municipal institutions

The standard form of the contract was approved by Decree of the Government of the Russian Federation dated April 12, 2013 No. 329. The Labor Code of the Russian Federation obliges to conclude an employment contract with the head of a state (municipal) institution on the basis of this TFD. If any provisions of the concluded employment contract do not meet the requirements of the standard form, the control authorities may file claims against the institution. From October 29, 2020, an independent assessment of the quality of the conditions for the provision of services and an indicator of the performance of the head of the institution will come into force. In this regard, in July 2020, changes were made to the standard form of the employment contract.

Providing information about income and property (employment contract with the manager)

According to the standard form of an agreement with the manager, he must annually provide the founder with information about his income, property obligations and property in the prescribed manner.

Moreover, similar information is transmitted in relation to spouses and children under 18 years of age. The rules for providing information are established:

The Government of the Russian Federation (if we are talking about a federal government institution);
a state authority of a constituent entity of the Russian Federation (if we are talking about a state institution of a constituent entity of the Russian Federation);
local government body (if we are talking about municipal institutions).

Despite the fact that the Labor Code of the Russian Federation and the TFD speak exclusively about the income of managers, and control of expenses is possible only in relation to state and municipal officials, as well as heads of federal institutions, in some cases managers provide information not only about their income (and the income of their spouse, children), but also about your expenses. This practice has been established, for example, in the city of Usolye-Sibirskoye.

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Rights and obligations of the Employer

7.1. The employer has the right:

— conclude, amend and terminate an employment contract with the Manager in the manner and under the conditions provided for by the Labor Code of the Russian Federation and other federal laws;

— demand that the Manager fulfill his job duties and take care of the property of the Employer and other employees, and adhere to labor discipline;

— other rights in accordance with the labor legislation of the Russian Federation, other regulations governing labor relations, local regulations.

7.2. The employer is obliged:

— comply with labor legislation and other regulations containing labor law norms in relation to concluding, amending and terminating an employment contract with the Manager;

— promptly make all necessary notifications to the relevant authorities about the conclusion of this employment contract;

— deposit the funds necessary to ensure the departure of the Manager from the Russian Federation by the appropriate type of transport to an account specially opened by the federal executive body in the field of migration;

— provide the Manager with the work specified in the employment contract;

— keep track of working hours;

— pay the Manager’s wages in a timely manner and in full;

— provide the Manager with safety and working conditions that meet labor protection requirements and state regulatory standards;

— provide the Manager with all the means necessary to perform his job duties;

— facilitate the departure of the Manager from the Russian Federation after the expiration of the period for which the employment contract was concluded, unless it is extended;

— other responsibilities determined by the labor legislation of the Russian Federation, other regulations and local acts.

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Transfer of affairs to the newly appointed head of the institution (employment contract with the head)

The head transfers the affairs of the institution to the successor at the time of termination of the employment contract concluded with him. For this purpose, a transfer deed (in any form) is drawn up. There must be 2 copies - for the previous manager and for storage in the institution.

The predecessor puts his signature on the document. The report may include the following information:

surname, patronymic, name of the new head taking over the affairs of the institution;
personal data of the previous manager transferring the affairs;
date and number of the founder’s order on the acceptance and transfer of cases;
a list of documents and valuables for the storage of which the manager is responsible;
the time during which the current manager was responsible for storing documents;
name and number of documents submitted;
list of missing (lost) documents at the time of transfer of cases.

With whom to conclude?

Typically, a fixed-term employment contract is concluded in two cases. The first is when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions of its implementation. For example, for the duration of the duties of an absent employee, whose place of work is retained (maternity leave).

A fixed-term employment contract must be concluded when performing temporary (up to two months) or seasonal work, when, due to natural conditions, it can only be carried out during a certain period or season.

Such an agreement is also concluded with employees sent to work abroad. You need to sign an agreement with them for a period not exceeding three years (Article 338 of the Labor Code of the Russian Federation). At the end of three years, the employment contract will have to be renewed for a new term.

Labor legislation obliges the signing of fixed-term employment contracts when carrying out work outside the scope of the employer’s normal activities. For example, reconstruction, installation, commissioning and other works.

Need to know

A fixed-term employment contract can be concluded in two cases: by agreement of the parties and depending on the nature of the work performed.

Employees performing temporary (up to one year) work must also conclude a fixed-term employment contract. In particular, if this is work related to the expansion of production or the volume of services provided.

A fixed-term employment contract is also concluded with persons entering work in organizations created for a known period (or when this period cannot be precisely determined), as well as to perform a certain work.

It is worth remembering that a fixed-term employment contract must be signed with personnel who are aimed at performing work directly related to internships and professional training. It’s the same story when an employee is sent by the employment service to temporary work or public works.

The second situation when a fixed-term employment contract is required is the performance of work without taking into account its nature and conditions of performance. For example, such an agreement is concluded with employees who come to work for employers - small businesses (including individual entrepreneurs), whose number of employees does not exceed 35 people. For retail trade and consumer services, the minimum number of employees is 20 people.

A fixed-term employment contract is concluded with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate, are allowed to work exclusively of a temporary nature.

Special rules

The maximum term for concluding a fixed-term employment contract is five years.

We recommend signing fixed-term employment contracts with those entering part-time work or studying full-time.

In addition, a fixed-term employment contract is concluded when the company is located in the Far North and equivalent areas, if entering a job involves moving to the place of work.

A fixed-term employment contract can be concluded with managers, deputy managers and chief accountants of organizations, regardless of organizational, legal forms and forms of ownership.

The list of cases in which a fixed-term employment contract can be concluded is open, so it can be concluded in other situations that are permitted by law, for example, when carrying out urgent work to prevent disasters, accidents or other emergencies. However, such an agreement must also contain information and mandatory conditions under which it is considered concluded. In particular, you need to indicate the place of work, labor functions, information about the parties entering into the contract, and others (Article 57 of the Labor Code of the Russian Federation).

Fulfillment of the institution’s planned performance indicators (employment contract with the manager)

The standard form of the agreement obliges the manager to ensure the achievement of all planned indicators of the institution’s activities, primarily the indicators of the financial and economic activity plan and the state (municipal) assignment. If the planned tasks were performed improperly, the founder has the right:

take this fact into account during certification;
take disciplinary action (including dismissing the manager);
establish the dependence of incentive payments on the execution of the plan.

Issuance of powers of attorney (employment contract with the manager)

The standard form of an agreement with the head assumes that the head of the institution has the right to issue powers of attorney.

In particular, a power of attorney can be issued to the heads of branches and representative offices of an enterprise.

The institution must issue an order containing a list of all employees who may be delegated the authority of the manager to perform certain functions related to their job responsibilities. It happens that a power of attorney must be issued in the name of an employee who is not mentioned in the list of such persons - in such a situation, you need to write a statement addressed to the manager indicating the reasons why the power of attorney should be issued.

The general procedure for issuing/using powers of attorney is established by the Civil Code (Chapter 10 of the Civil Code of the Russian Federation).

By issuing a power of attorney, for example, powers can be transferred to:

receipt of inventory items;
signing of documents;
representing the interests of the institution.

Important!
The provisions of the Civil Code of the Russian Federation do not prohibit the issuance of powers of attorney to persons who are not full-time employees of the institution. This means that a power of attorney can also be issued to other persons.

There is no need to put a stamp on the power of attorney.

But there are several cases in which the law requires power of attorney to be sealed (if the enterprise has one). For example, printing is necessary if:

a power of attorney is required for enforcement proceedings;
the power of attorney was issued for participation in civil and arbitration proceedings.

It is not necessary to use unified forms of power of attorney - the institution has the right to develop its own form of power of attorney. But it is necessary that the document contains the following information:

power of attorney number;
date of issue;
details of the institution (full name, INN, KPP, full name of the head, location) for which (when transferring rights and obligations) or on whose behalf (when issuing a direct power of attorney) the authorized person represents the interests;
information about trusted powers;
details of the person who signed the power of attorney (in the case where this is not the manager);
details of the person who received the authority (last name, first name, patronymic, passport details);
information about the existence of rights to delegate powers (if any);
validity period of the power of attorney (without restrictions, if the period is not specified - 1 year from the date of issue of the power of attorney, in accordance with Part 1 of Article 186 of the Civil Code of the Russian Federation).

Registration of termination of a fixed-term employment contract for a director

“Personnel officer. ru", 2012, N 4

Question: Our director’s employment contract expires in April. Is it necessary to formalize his dismissal, as well as a new hire (of course, with all the relevant documents), if in fact there will be no dismissal as such and the continuous management of our organization is planned?

In the case where a fixed-term employment contract has been concluded with the head of an organization and before its expiration, the authorized body of the organization, for example, a general meeting of company participants, makes a decision to elect the head for a new term determined by the charter, the following should be done:

1) notify the employee about the termination of the employment contract in writing at least 3 calendar days before dismissal (Article 79 of the Labor Code of the Russian Federation);

2) issue an order to terminate the employment contract;

3) on the day of termination of the employment contract, make an appropriate entry in the work book and hand over the work book, as well as make payments (Part 4 of Article 84.1 of the Labor Code of the Russian Federation);

4) conclude a new employment contract with the manager for the period determined by the organization’s charter.

https://youtu.be/hxOlo28UbY0

The issuance of additional agreements or orders changing or extending the validity of the employment contract with the head of the organization is not provided for by law. Consequently, the employment relationship with the head of the organization must be terminated each time the employment contract expires.

Termination of a fixed-term employment contract with a manager

To date, labor legislation does not provide for the form of a document by which the general director can authorize a person to sign personnel documents.

In law enforcement practice, a power of attorney drawn up in accordance with civil law (Article 185 of the Civil Code of the Russian Federation) or issued on the basis of Art.

8 of the Labor Code of the Russian Federation by the general director of a local regulatory act in any form (order, other administrative document) (based on Article 274 of the Labor Code of the Russian Federation) on assigning responsibilities to a certain employee of the company to formalize the hiring and dismissal of employees. According to paragraph.

Termination of an employment contract with the head of the organization

Labor Code of the Russian Federation, the duration of the employment contract with the manager is determined by the constituent documents of the organization (that is, its charter or regulations) or by agreement of the parties. For an LLC, for example, this period is determined by the company’s charter.

At the same time, the LLC law does not contain formal restrictions on this period. At the same time Art. 58 of the Labor Code of the Russian Federation requires that this period not exceed 5 years, unless otherwise established by the Labor Code of the Russian Federation and other federal laws.

In this regard, it is recommended to set the term of office of the general director within 5 years in the LLC charter. As for organizations of the municipal and public sector, for them the authorized bodies can approve samples of standard contracts.

Production calendar

Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by the Decree of the Government of the Russian Federation of April 16.

2003 N 225 (hereinafter referred to as the Rules), upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself .

Thus, the entry on dismissal in the work book of the general director can be certified by the general director himself, another person authorized to exercise the rights and obligations of the employer, or a person responsible for maintaining work books in the organization (clause

Hiring and dismissing the General Director

How to monitor employees, and why do it? Three companies using a flexible schedule Corporate meals as one of the ways to motivate staff Guilty people don’t watch the clock Evaluation and development of the company’s team of internal trainers Legal assistance Increase in wages and severance pay during periods of instability, dismissal by agreement of the parties: consequences for the employer and employee Professional retraining program “Human Resource Management (Professional Standard)” Full-time distance professional retraining course of the National Union of Personnel Officers and Moscow Technological University (MIREA) in accordance with the requirements of the professional standard “Human Resources Management Specialist”. A state diploma from a state university confirming professional retraining and a certificate from the National Union of Personnel Officers.

Dismissal of a director upon expiration of a fixed-term contract on his own initiative

However, in certain cases, the employer is obliged to terminate the employment contract within the period specified in the employee’s application, that is, before the expiration of the total period of 2 weeks or 1 month for managerial employees, namely: in cases where the employee’s application for dismissal is on his initiative (at his own request) due to the impossibility of continuing his work (enrollment in an educational organization, RETIREMENT and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective conditions contract, agreement or employment contract. The fact that an employment contract is concluded for a certain period does not deprive the employee of the right to terminate it early.

Termination of a fixed-term employment contract with the school director

Labor Code of the Russian Federation and cannot be a basis for recognizing dismissal on this basis as illegal *(1). It is also not a violation to notify the general director of the termination of the employment contract concluded with him by the person who signed the employment contract with the director on behalf of the company (clause

Based on the charter of the LLC, a fixed-term employment contract for a period of 3 years was concluded with the general director. This agreement expires in a few months. But now the charter of the LLC has changed, and now an employment contract with the general director can be concluded for an indefinite period. Is it necessary to dismiss the general director at the time of expiration of the fixed-term contract and conclude a new open-ended contract with him, or due to changes in the charter of the LLC, the fixed-term contract will automatically become indefinite?

Having considered the issue, we came to the following conclusion: To continue the employment relationship with the general director, there is no need to fire him due to the expiration of the employment contract and conclude a new open-ended contract with him.

In the absence of a decision by the company represented by its authorized body to terminate the powers of the director upon expiration of the contract concluded with him and the general director continuing his official duties, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period.

Answer prepared by: Expert of the Legal Consulting Service GARANT

Troshina Tatyana

Response quality control: Reviewer of the Legal Consulting Service GARANT

Voronova Elena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

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As a rule, company owners enter into fixed-term employment contracts (TAs) with directors. The conclusion of a TD for a certain period forces the director to work effectively so that his powers can then be extended. However, it is possible to extend powers, but a TD is not.

The law does not say what to do if the director is re-elected for a new term. If the director is re-elected for a new term, the previous TD should be terminated and a new fixed-term contract should be concluded. As a general rule, a fixed-term employment contract cannot be extended, even if both parties agree to it.

An exception is established for pregnant employees who work under a fixed-term employment contract, scientific and pedagogical workers, and athletes. Therefore, the director will have to go through the entire procedure for dismissal of employment.

It is impossible to conclude an additional agreement with a new term of TD or a new contract without terminating the previous one. These methods will be illegal.

How to terminate a fixed-term employment contract with a director?

Labor Code of the Russian Federation and the conclusion of a new employment contract, there are no grounds (as we believe, except in those cases when such a decision directly follows that the previously concluded employment contract with the manager is terminated due to the expiration of its validity period). In the case of the head of the organization, opponents of extending the term of the employment contract also refer to part two of Art. 16

My own lawyer

Personnel officer. ru", 2012, No. 4 Question: Our director’s employment contract expires in April.

Is it necessary to formalize his dismissal, as well as a new hire (of course, with all the relevant documents), if in fact there will be no dismissal as such and the continuous management of our organization is planned? Answer: Labor legislation allows the execution of employment contracts with heads of organizations for both an indefinite and a definite period.

Fixed-term employment contract with the General Director

Source: https://domtriumf18.ru/oformlenie-prekrashheniya-srochnogo-trudovogo-dogovora-direktora/

Common mistakes

Error:

The power of attorney was issued by the head of a municipal institution to an employee whose name is not on the list of employees to whom a power of attorney can be issued. There was no written statement indicating the grounds for issuing the power of attorney.

A comment:

The law allows the issuance of a power of attorney to an employee who is not on the list of employees in whose name a power of attorney can be issued. However, in this case, it is necessary to write a statement addressed to the manager justifying the need to issue a power of attorney.

Answers to common questions about an employment contract with a manager

Question:

Can the head of a municipal institution provide the founder with updated data regarding his income and the income of his spouse and children if an error is discovered in the previously provided data?

Answer:

Rules for submitting income information vary by region and municipality. For example, in the city of Usolye-Sibirskoye (Irkutsk region), information on income is provided until April 30 of each year, and adjustments can be made until June 30. In the city of Murom (Vladimir Region), the manager has the right to transfer updated data on income to his superiors within a month after the deadline for submitting information (April 30).

Question:

Is it possible not to put the institution’s seal on a power of attorney issued to an employee by a manager?

Answer:

A seal is not required, but not when it is issued for participation in civil and arbitration proceedings or in enforcement proceedings. See paragraph 3 of Art. 53 Code of Civil Procedure of the Russian Federation, paragraph 5 of Art. 61 Arbitration Procedure Code of the Russian Federation, clause 2 of Art. 54 of the Federal Law of October 2, 2007 No. 229-FZ.