Form of employment contract with the head of the organization. If the sole founder and head are the same person. Employment contract of commercial director

15.04.2021

with the head of the society in a person acting on the basis of , hereinafter referred to as " Society”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Supervisor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The head is appointed to the position of the Company on the basis of Minutes No. 1 of the general meeting of the founders of the Company dated "" 2019.

1.2. In accordance with the terms of the Agreement, the Head undertakes to manage the current activities of the Company within its competence established by the Agreement, and the Company vests the Head with the authority to manage the current activities of the Company, with the exception of resolving issues related to the exclusive competence of the general meeting of the founders of the Company.

1.3. Work under the Contract is the main place of work and type of employment for the Head. extra work concurrently is not allowed.

2. TERM OF THE CONTRACT

2.1. The agreement comes into force on the date of its signing and is valid until "" 2019.

3. FUNCTIONS AND RESPONSIBILITIES OF THE MANAGER

3.1. The main objectives of the Head's activity are:

3.1.1. maximum economic efficiency and profitability of the Company due to an increase in trade turnover, net profit, capital inflow, the volume of property owned by the company, securities, monetary assets, intellectual property, etc., as well as due to the constant reduction of debt burden, expenses, encumbrances, optimal tax policy and etc.;

3.1.2. ensure high competitiveness of the Company's products, works and services performed in the market;

3.1.3. the most complete and high-quality satisfaction of the needs of individuals and legal entities in the products manufactured by the Company, works and services performed;

3.1.4. creation of an effective workforce of the Company, as well as providing it with the best working conditions, advanced training and career growth.

3.2. The head, within the framework of the functions assigned to him, performs the following duties:

3.2.1. represents the interests of the Company, both in the Russian Federation and abroad;

3.2.2. independently, within the limits of its competence or after approval by their management bodies of the Company in the manner prescribed by the Law, the Charter of the Company and internal documents of the Company, makes transactions on behalf of the Company;

3.2.3. manages the property of the Company to ensure its current activities within the limits established by this Charter;

3.2.4. issues powers of attorney for the right of representation on behalf of the Company, including powers of attorney with the right of substitution;

3.2.5. concludes labor contracts with the employees of the Company, issues orders on the appointment of employees, on their transfer and dismissal;

3.2.6. apply incentives and motivation measures (both monetary and non-monetary) to the Company's employees and impose disciplinary sanctions on them;

3.2.7. issues orders and gives instructions that are binding on all employees of the Company;

3.2.8. organizes the implementation of decisions of the General Meeting of Members of the Company;

3.2.9. opens bank accounts of the Company;

3.2.10. represents the interests of the Company in all judicial instances (courts general jurisdiction, arbitration courts, arbitration courts) on the territory of the Russian Federation and abroad at all stages litigation, including at the stage of enforcement proceedings;

3.2.11. resolve issues related to the preparation, convening and holding of the General Meeting of the Company's Members;

3.2.12. ensures that the information about the members of the Company and about their shares or parts of shares in the authorized capital of the Company, about the shares or parts of shares owned by the Company correspond to the information contained in the unified state register of legal entities, and notarized transactions for the transfer of shares in the authorized capital of the Company, about which the Society became aware;

3.2.13. exercises other powers necessary to achieve the goals of the Company's activities and ensure its normal operation, in accordance with the current legislation of the Russian Federation and this Charter, with the exception of the powers assigned to other bodies of the Company.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Society undertakes:

4.1.1. Without sufficient grounds not to interfere in the activities of the Head, carried out by him within his competence.

4.1.2. To provide the Manager with the conditions usually accepted in business practice for the performance of his official duties, provide the necessary means, materials and equipment necessary for him to properly fulfill the terms of the Agreement.

4.1.3. Properly, in accordance with the terms of the Agreement, make payment wages, remuneration, provide social guarantees at the level determined by the Agreement.

4.1.4. To voluntarily compensate the Head of his expenses related to the exercise of his powers, as well as damage to the health and property of the Head caused by the Company.

4.2. The leader undertakes:

4.2.1. Manage the Company within its competence, in good faith and reasonably in order to derive profit from the Company economic activity.

4.2.2. Fulfill the provisions of the Company's charter, local regulations of the Company, documents, decisions and contracts.

4.2.3. Ensure the safety of the property of the Company.

4.2.4. Ensure proper accounting by the Company.

4.2.5. Ensure the storage of documents by the Company in accordance with the Charter of the Company and the law.

4.2.6. Provide safe and favorable working conditions for the Company's employees in accordance with the requirements of the legislation in the field of labor protection, labor legislation, local regulations of the Company.

4.2.7. Organize and ensure the work of the Society in the field of civil defense.

4.2.8. Organize and ensure the protection by the Society of classified information constituting a state secret.

4.2.9. Determine the list of information that is an official and / or commercial secret of the Company, and ensure the safety of this information.

4.2.10. Ensure the development and observance of the internal labor regulations by the Company's employees.

4.2.11. Represent to the Society's bodies necessary information, ensure the possibility of carrying out activities by the specified bodies of the Company.

4.2.12. Carry out other actions within its competence, provided for by law, the charter and local regulations of the Company.

4.3. The company has the right:

4.3.1. To exercise control over the proper fulfillment by the Head of the requirements of the legislation, the Charter of the Company, local regulations of the Company.

4.3.2. Encourage the Manager for conscientious and efficient work.

4.3.3. Bring the Head to responsibility in the manner prescribed by law.

4.3.4. To give to the Head instructions, obligatory for execution, on directions (change of directions) of financial and economic activity of the Company.

4.3.5. Demand from the Manager conscientious and proper performance of obligations under the Agreement.

4.4. The leader has the right:

4.4.1. Act without a power of attorney on behalf of the Company, represent its interests before all third parties, incl. public authorities and administration, municipal authorities, judicial and law enforcement agencies, the Company, entrepreneurs and individuals.

4.4.2. Conclude on behalf of the Company any economic contracts (agreements), sign promissory notes and other obligations of the Company within its competence.

4.4.3. Dispose of the Company's property within its competence.

4.4.4. To hire and dismiss employees of the Company, to take incentive measures for them and impose penalties on them on behalf of the Company.

4.4.5. Issue orders (instructions), give oral and written instructions binding on the Company's employees.

4.4.6. Issue powers of attorney on behalf of the Company, transfer their powers to other employees of the Company.

4.4.7. Carry out other actions and have other rights necessary to fulfill their duties as the head of the Company in accordance with the Charter of the Company and the law.

5. PAYMENT OF THE MANAGER

5.1. The head salary is set in the amount of rubles. Official salary paid to the Manager on a monthly basis. The official salary is subject to indexation in the manner prescribed by the Company.

5.2. The head is paid an additional remuneration of rubles, paid in the manner established by the Company.

5.3. Annually, based on the results of the Company's business activities, if it achieves a positive financial result activity The head is paid a one-time remuneration in the amount of rubles.

5.4. The Company has the right to pay other types of remuneration to the Head according to the decision of the General Meeting of the Company.

6. REIMBURSEMENT

6.1. All expenses incurred by the Head in connection with the management of the Company, incl. representative expenses are subject to full unconditional immediate reimbursement by the Company.

6.2. The attribution of expenses to the expenses specified in clause 6.1 of the Agreement is carried out by the Head himself.

7. COMPENSATION FOR DAMAGE

7.1. Damage to health and/or property caused to the Head in the performance of his duties under the Agreement shall be reimbursed by the Company in full.

8. WORK AND REST CONDITIONS OF THE MANAGER

8.1. The mode of working time of the Head is determined by expediency for the Company and has the nature of an irregular working day.

8.2. The time of the beginning and end of the working day, as well as breaks for rest and meals, is determined by the Head independently, based on the interests of the Company.

8.3. The Company provides the Manager with the usual working conditions in business practice for the performance of his official duties.

8.4. The Company provides the Manager with mobile telephone communications at the expense of the Company without imposing restrictions on its use.

8.5. The Company provides the Manager with a company car of the class usually accepted in business practice, with a driver working in conditions of irregular working hours.

8.6. The head is entitled to an annual paid leave of 28 calendar days.

8.7. The time of granting leave is determined by the Head independently, based on the interests of the Company.

8.8. In agreement with general meeting The Company's Manager may be granted leave without pay, provided that the provision of such leave will not adversely affect the performance of the Company.

9. SOCIAL GUARANTEES

9.1. During the term of the Agreement, the Company pays for the treatment of the Head. The choice of the type, method and place of treatment is determined by the Head on the basis of medical indications.

9.2. In the event of dismissal of the Head from office at the initiative of the Company, he shall be paid a one-time allowance in the amount of rubles.

10. RESPONSIBILITIES OF THE PARTIES

10.1. In case of non-performance or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with the Agreement and the law.

10.2. Damage caused to a Party shall be reimbursed by the other Party in full, unless otherwise provided by law or the Agreement.

10.3. The head is liable to the Company for direct damage caused to the Company by his guilty actions (inaction), incl. for disclosure of official (commercial) secrets, unless other grounds and amount of liability are established by law.

10.4. When determining the grounds and degree of responsibility of the Manager, the usual conditions of business transactions and other circumstances relevant to the case are taken into account.

10.5. The liability of the Manager for losses incurred by the Company as a result of normal economic risk and/or force majeure circumstances is excluded.

10.6. The Company is liable to the Head for non-fulfillment/improper fulfillment of its obligations under the Agreement in the manner prescribed by law.

10.7. The obligation to prove the guilt of a Party lies with the other Party.

11. GROUNDS FOR TERMINATION OF THE AGREEMENT

11.1. The Agreement may be terminated upon expiration of the Agreement, by agreement of the Parties, at the initiative of the Head, at the initiative of the Company, due to circumstances beyond the control of the Parties, due to violation of the rules for concluding the Agreement, if this violation excludes the possibility of continuing work.

11.2. Termination of the Agreement for any of the reasons specified in clause 11.1 of the Agreement is formalized by the decision of the general meeting of the Company or by a person authorized by the Company.

11.3. At the initiative of the Company, the Agreement may be terminated ahead of schedule in the following cases:

liquidation or reorganization of the Company;
declaring the Company insolvent (bankrupt);
non-fulfillment or improper fulfillment by the Head of the requirements of the Company's charter, decisions of the Bodies, or persons, systematic violation of the terms of the Agreement;
absence from work for 14 calendar months in a row due to temporary disability, unless the legislation establishes a longer period for maintaining a job in case of a certain disease. In case of loss of ability to work due to an industrial injury or occupational disease, the place of work is retained until the restoration of the ability to work or the establishment of disability;
commission of actions that caused losses to the Company, except for cases of ordinary economic risk.

11.4. If the termination of the Agreement is made on the grounds established in clause 11.3 of the Agreement, the following grounds for dismissal are indicated in the work book of the Manager: “On the initiative of the employer”.

11.5. If the termination of the Agreement is made on the grounds provided for in the Agreement, but not established by law, the Manager's work book indicates the "Agreement of the Parties" as the basis for dismissal.

11.6. The contract is subject to termination upon the entry into force of a court verdict by which the Head is sentenced to a punishment that excludes the possibility of continuing the previous work.

11.7. It is not allowed to terminate the Agreement at the initiative of the Company during the period of temporary disability of the Head and during his stay on annual leave, except for the case of complete liquidation of the Company.

11.8. Upon termination of the Agreement at the initiative of the Head, the Head is obliged to notify the Company in writing of the forthcoming termination of the Agreement at least calendar days in advance.

11.9. Upon termination of the Agreement at the initiative of the Head, the following grounds for dismissal are indicated in the work book of the Head: “On the initiative of the employee”.

11.10. At the initiative of the Head, the Agreement may be terminated ahead of schedule in the event of:

illness or disability of the Head, preventing him from fulfilling his obligations under the Agreement;
repeated or continuing violation by the Company of its obligations under the Agreement;
the presence of other grounds recognized by the "Parties" as valid.

12. FINAL PROVISIONS

12.1. The Agreement is drawn up in 2 original copies in Russian, one for each of the Parties.

12.2. The text of the Agreement contains confidential information and is not subject to disclosure to third parties, except as required by law or by agreement of the Parties.

12.3. The terms of the Agreement may be changed by mutual agreement of the Parties, with the exception of cases provided for by labor legislation. Any changes to the terms of the Agreement are made in the form of an additional agreement signed by the Parties, which is an integral part of the Agreement.

12.4. All disputes from the Agreement are resolved in accordance with the law.

13. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Society Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Supervisor Registration: Postal address: Passport series: Number: Issued by: By: Phone:

14. SIGNATURES OF THE PARTIES

Society _________________

Supervisor _________________

According to Article 273 of the Labor Code, the head of an LLC, represented by the president or general director, is recognized as the only executive body that manages the company and personnel. He also has the status of an employee of the organization and is subject to labor laws. To fix the powers of the head, an employment contract is concluded with CEO LLC, an example of which is presented below.

The document is drawn up in accordance with the norms of Article 57 of the Labor Code and at the same time reflects all the nuances and features of the status of the general director. I.e, employment contract with director(sample below in the article) uses general rules and has a structure similar to a regular employment agreement.

The heading of the document indicates the date and place of the conclusion of the contract, the name of the organization, its TIN, the full name of the representative of the institution and the data of the document on the basis of which it acts. Then you need to indicate the full name and passport details of the person accepted for the managerial position. The body of the document must indicate:

place of work of the head;
lists general job responsibilities;
date of entry into office;
working conditions;
remuneration regime: the amount of salary, the procedure for calculating and paying salaries and other payments;
rest regime: days off and the procedure for granting vacation;
conditions of compulsory social insurance;
period of the contract. This period is determined by the constituent documents or by agreement of the parties.

A sample of filling out an employment contract with the director of an LLC

Nuances when concluding a document

Since the general director is the legal representative of the enterprise, carries out activities on his behalf and in the interests of the institution, the position should be prescribed identically to the definition set out in.

If the director is hired with, this must be indicated in the contract. For leadership positions? according to the law, it is up to 6 months.

Payroll should also be given special attention. If the manager's salary exceeds 25% of the total value of the institution's assets, then this agreement is recognized as a major transaction, and must be approved by the board of directors or a meeting of founders.

In the employment contract, you can specify the amount of compensation payments in the event of termination of cooperation. The sum of the manager's severance pay must be equal to at least three salaries.

One of the main clauses of the contract is the non-disclosure of commercial secrets and liability for the dissemination of classified information.

When drafting a document, the question may arise as to whether it is necessary to make a clause on liability leader. Lawyers believe that this is not necessary, since the director is considered a materially responsible person by default.

If the sole founder and head are the same person

Labor legislation does not directly prohibit concluding an employment contract with the head if he is a co-founder. But what if he is the only founder. This situation does not have an unequivocal answer, and various departments, such as the Ministry of Finance, Rostrud, extra-budgetary funds, express opposite opinions on this issue.

Representatives of departments believe that signing an agreement with oneself in the person of the head and founder is impossible. They are based on the norms of the law set out in paragraph 3 of Art. 182 Civil Code RF. However, this legislative act does not apply to labor relations. Nevertheless, representatives of Rostrud expressed the opinion that an employment contract is a bilateral agreement and in the absence of one of the parties, the conclusion of such a contract is impossible.

It follows from this that the signing of an employment contract between an employer and an employee in the same person is not allowed. The Ministry of Finance adheres to the same point of view and forbade taking into account the amount of wages and social contributions for the general director in expenses.

Having decided to conclude an agreement with yourself as a leader who is a sole founder, you need to consider:

When drawing up an agreement, the parties are a legal entity - the employer and individual- a hired worker. When carrying out business activities, the institution acts as a legal entity, and not on behalf of the founders, therefore, literally, you conclude an agreement with the company, and not with yourself.
Nowhere in the Labor Code is there a direct prohibition on the execution of such a contract. Article 11 contains a list of persons to whom labor legislation does not apply, but the director, who is the sole founder, is not indicated there.
Federal Laws No. 255-FZ of December 29, 2006 and No. 167-FZ of December 15, 2001 state that pension and social insurance contributions are paid from all employees, including from the wages of directors who are the sole founder OOO.

In the Tax Code of the Russian Federation in paragraph 21 of Art. 270 stipulates that when calculating the expense item, it is impossible to include remuneration of the management, except for those paid under an employment contract. It follows from this that the implementation of the write-off of expenses for the salary of the director is possible.

Sample and rules of an employment contract with the commercial director of LLC

A commercial director is a specialist in charge of the sales department, an employee who carries out activities related to the procurement, logistics and marketing of the enterprise. This employee takes office and is dismissed by the Order of the general director or president of the institution. An employment contract with such an employee belongs to the category of contracts with managers and is drawn up according to all the rules inherent in this group. The document must contain:

subject of the contract;
identifying data of the parties;
validity period of the document;
information about probationary period if provided;
date of entry into office;
rights and obligations of the employer and employee;
mode of work and rest;
conditions for accrual and payment of wages and other incentive payments;
situations and cases that make it possible to amend the contract or terminate it.

The body of the document must indicate necessary knowledge and skills for the candidate for the position, prescribe job responsibilities. For full disclosure of information, additional clauses on non-disclosure of commercial secrets and others may be included in the agreement.

Employment contract with the executive director of LLC

The executive director carries out activities related to the management of the organization, settlement production processes in order to maximize profits. An employment agreement is drawn up in accordance with labor legislation, taking into account the requirements for the category of contracts with managers. The structure of the contract is completely identical to the previous example.

The main contract may be accompanied by a work schedule, an agreement on non-disclosure of commercial secrets and a job description. All changes to the employment contract are made by drawing up an Additional Agreement.

Who signs the contract

In order to determine who has the right to endorse an employment contract with the head, it is necessary to find out which body is authorized to choose the general director. Law No. 14-FZ of February 8, 1998 states that the head is elected at the general meeting of participants, but in practice the board of directors can also make a decision. Such powers are disclosed in the Articles of Association of the LLC.

If a director is elected at a general meeting, the contract is signed by the chairman or a certain member of the LLC is elected to sign the contract with the head.

In the second case, the contract is signed by the employer by the chairman of the board of directors or another authorized person - this can be either a member of the board or a simple participant.

If the contract is drawn up by the director, who is the sole founder, then he puts signatures from both parties.

Rupture of the contract

Termination of the employment contract with the head entails the emergence of many controversial issues. The dismissal of a director can be carried out on the general grounds set forth in the Labor Code of the Russian Federation, and on special grounds, indicated in Article 278 of the Labor Code. Special circumstances arise from the specifics of a managerial position. So, in what cases can a director be fired:

by decision of the new owner of the institution within three months from the date of entry into ownership;
if the activity carried out by the director resulted in the non-preservation or misuse of assets, caused damage to property, losses;
with regular violations of official duties;
in the cases provided for in Art. 81 and Art. 278 of the Labor Code of the Russian Federation (disability, termination of the contract, etc.);
if at the general meeting it was decided to terminate cooperation with this person as a director.

It should be remembered that the legislation establishes increased responsibility for leadership positions. Article 277 of the Labor Code clearly states that the director is financially liable for the damage caused to the institution as a result of his actions.

Also, do not forget that upon dismissal of the general director without obvious violations, the employer is obliged to pay impressive compensation provided for in Article 279 of the Labor Code of the Russian Federation.

Labor contract with the director of the LLC - a sample of this document is given in the Forms section at the beginning of the article - must be concluded in accordance with general provisions labor legislation regulating the procedure for formalizing legal relations arising between an employee and an employer. Below the reader will find information on how to prepare a draft employment contract concluded with the general director of an LLC, and will also receive a link to download a sample of a ready-made document.

We conclude an employment agreement with the director of LLC (general rules)

According to the provisions of paragraph 1 of Art. 40 of the federal law "On Companies ..." dated February 8, 1998 No. 14, the general director of an LLC is considered its sole executive body. The choice of the person who will take this position is entrusted to the general meeting of the company's founders (except for situations where the adoption of such decisions passes into the competence of its board of directors).

To accept an individual for such a position, it is necessary to conclude an appropriate labor agreement with him. This is also indicated by Art. 274 of the Labor Code of the Russian Federation, according to which the legal status of a director is established not only by the norms of the current legislation and internal organizational documents, but also by the provisions of the employment contract. Signs an employment contract with the general director of the LLC, in accordance with paragraph 1 of Art. 40 FZ No. 14, chairman of the general meeting of owners of the enterprise or head of the existing board of directors.

The nuances of concluding an employment contract with the director - the sole founder

LLC is a form of small business that is very common among both successful entrepreneurs and beginners. At the same time, businessmen quite often decide to register their own business on their own, without resorting to the help of partners. As a result, one person becomes the founder of the LLC, whose powers extend to all areas of enterprise management, including hiring personnel.

The sole owner of a company may take the position of its head without concluding labor contract. Indeed, in this case, he simply does not have anyone to sign an agreement with, since he cannot act simultaneously as an employer and an employee. This position is shared by the Ministry of Finance of the Russian Federation (letter No. 03-11-06/2/7790 dated February 19, 2015) and Rostrud (letter No. 177-6-1 dated March 6, 2013). The contract is a bilateral agreement, the participants of which assume certain obligations in relation to each other. In the case under consideration, the same person is assumed to be both parties to the contract - and this, according to representatives of departments, is unacceptable.

True, the information contained in the above documents is only advisory in nature. Moreover, the absence of an agreement can be perceived by the tax authorities as an attempt to evade taxes: if the agreement is not concluded, personal income tax is not withheld from the income of the director as an employee of the organization, and mandatory social contributions are not received into off-budget funds. However, at the same time, the founder pays tax on the dividends he receives to the budget, so it is impossible to make an unambiguous conclusion that he, without concluding an employment contract, does not fulfill his duties as a taxpayer.

How to conclude an employment contract with the director - the sole founder?

Based on the foregoing, we can conclude that the decision on the need to conclude an employment contract can be made by the founder of the company. The legislator does not give a clear answer to the question of whether it is mandatory to do this or not.

If the owner of the company decides to document his labor duties, he will need to draw up an agreement in accordance with the requirements of current legislation. At the same time, Art. 39 of the Federal Law No. 14 indicates that in an LLC, the founder of which is one person, all decisions that the general meeting of participants in the company should make are entitled to make this sole founder.

This means that in order to formally approve himself as CEO, he will have to:

Prepare a document containing the decision on the appointment of the CEO and approve it.
Sign the contract on behalf of the employer and on behalf of the employee.

The content of the employment contract with the director of the LLC

Neither the procedure for drawing up an employment contract with the general director of an LLC, nor the requirements for its content are established by the legislator. This means that when preparing a document, you can use a standard form developed at the enterprise. General requirements to an employment contract concluded with employees of any organization are established by the provisions of Art. 57 of the Labor Code of the Russian Federation (details on the nuances of concluding such an agreement can be found in the article: "Sample of a standard employment contract with an employee 2018 - 2019 (download the form)" .

According to the provisions of this article, the finished contract to be signed by the parties must include clauses that indicate:

Full name of the employee being hired (in this case, the general director), as well as the details of the document proving his identity;
name of the employing organization;
subject of the contract;
the rights and obligations of the parties that have entered into it;
contract time. In the event that the contract is urgent, it indicates the date of termination job duties director (according to the provisions of part 1 of article 275 of the Labor Code of the Russian Federation, it is determined by the charter of the organization or the agreement reached by the parties);
the regime of work and rest of the employee;
guarantees and compensations provided to the director in the course of his work;
a condition on the liability of the director (according to the provisions of Article 277 of the Labor Code of the Russian Federation, the general director of the enterprise bears full financial responsibility for the results of his work).

In addition to the mandatory conditions listed above, the employment agreement may include additional (optional), although this is possible only if they do not infringe on the rights of the director (part 4 of article 57 of the Labor Code of the Russian Federation).

They can be conditions:

on probation (according to Article 70 of the Labor Code of the Russian Federation, its duration can be up to six months);
non-disclosure of any secret (commercial, official, etc.);
providing benefits to the employee and/or members of his family, etc.

As you can see, drawing up an employment agreement that establishes the procedure and rules for interaction between the employer (LLC) and the employee (its CEO) is a rather difficult task. To facilitate its solution, it is worth familiarizing yourself with at least exemplary such a document (see below).

Sample employment contract with the general director of LLC

Labor contract

Don't know your rights?

Moscow, 03/26/2018

Thing
- The Employer instructs the Employee to perform the functions of the General Director, the Employee performs them.
- The place of work of the Employee is an office located at the address: Moscow, st. Green, d. 5 of. eleven.
- The employee starts work on 03/26/2018. This agreement is concluded for a period of 3 years in accordance with paragraph 11 of the Charter of the Employer.
- The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation.
- The employee undertakes not to disclose trade secret, access to which will be obtained by him in the course of performing his job duties.
Rights and obligations of the Employee
- The employee has the right:
  - Act on behalf of the Employer without issuing a power of attorney.
  - Hire workers and fire them.
  - Dispose of the property of the Employer within the limits provided to him.
  - Sign orders that are mandatory for execution at the enterprise.
  - Make transactions on behalf of the Employer, open bank accounts and sign financial documents of the enterprise.
- The employee is obliged:
  - Manage the production, economic and financial and economic activities of the enterprise.
  - Conclude contracts with counterparties of the enterprise and ensure the fulfillment of existing contractual obligations.
  - Submit to the Employer a full report on the results of the enterprise's activities once a quarter, no later than the 15th day of the first month following the reporting quarter.
  - Ensure the timely fulfillment of the obligations of the Employer for the transfer Money to the budget and off-budget funds.
  - Observe labor discipline, as well as safety regulations and labor protection requirements.
- The employer has the right:
  - Require the Employee to conscientiously fulfill the obligations established by this agreement.
  - Bring the Employee to material liability within the limits established by the current legislation.
- The employer is obliged:
  - Timely and fully pay the Employee wages.
  - Provide the Employee with the conditions necessary for the performance of their duties.

The procedure for remuneration of the Employee.
- For the performance of labor duties, the Employee is paid a salary in the amount of 78 thousand rubles. monthly.
- Wages are paid to the Employee at least twice a month - on the 12th and 27th.
Details of the parties

Where can I download a sample employment contract with the general director of an LLC in the full version

The above example of an employment contract with the general director of an LLC is abbreviated, since it is impossible to reflect all the possible information that should be indicated in it within the framework of the article. The above sample only allows you to understand the approximate structure of the document and determine in general the content of each of its sections. To help prepare a draft contract that meets all the requirements of the current legislation and establishes the procedure for resolving all the main issues that arise in the course of the implementation of the company's head of his labor duties, we suggest you download a sample employment contract for the general director of an LLC in full version(located in the Instructions subsection in the Forms section at the beginning of the article).

A sample of filling out an employment contract with the general director of an LLC

In addition, it is worth remembering that when hiring the general director of an LLC, an order for his appointment to a position is not issued, since the basis for concluding an employment contract in this case is a decision made by the general meeting of founders. In the employee's work book, you will need to indicate the number of this decision, as well as the date of its adoption - it is this information that will replace the usual information about the number of the order on the basis of which the employee is accepted into the organization.

Employment contract for the director of LLC

The general director of an LLC is the person who has the widest range of powers among the employees of the enterprise. He has the right to make important strategic decisions, issue and sign orders, hire ordinary employees, fire them, etc. However, in addition to the general director, there may be other directors on the staff of an LLC who formally have the status of ordinary employees.

These directors may be:

Production Director;
by personnel;
commercial;
technical;
financial, etc.

When developing a draft agreement that will be concluded with one of these directors, it is not necessary to search and download a sample employment contract for the director of an LLC of this kind - it is quite possible to use the one presented above. After all, the director and the general director are synonyms. Both of them are the sole executive body of the LLC.

So, drawing up an employment contract is still a necessary condition for a person to fulfill the duties of the general director of an LLC. The only exception is the situation in which the general director is simultaneously the sole founder (that is, in this case it is not necessary to conclude an employment contract). The sample employment contract with the director given in the article can be used as a basic draft document when developing an agreement to be applied in a particular enterprise.

Employment contract with the director of _____ LLC

G.________________

Limited Liability Company "______", hereinafter referred to as the "Company", represented by the Founder of the Limited Liability Company "_____", acting on the basis of the Charter, and __________ (full name), passport ________________ issued by _______, hereinafter referred to as "Director ", hereinafter referred to as the "parties", have concluded this employment contract as follows:

1. The Subject of the Agreement

1.1. This agreement governs labor and other relations between the Company and the director in connection with the latter's performance of the duties assigned to him to manage the current activities of the Company. The company is the director's employer.

1.2. The Director manages the current activities of the Company, including performing the functions of its sole executive body within the competence determined by the current legislation of the Russian Federation, the Charter and internal documents of the Company, as well as this agreement.

1.3. The main goal of the director's activity is to carry out the most effective management of the Company, ensuring high profitability of the Company's activities, competitiveness of manufactured goods (services, works, etc.), sustainability and stability of the financial and economic position of the Company, ensuring the rights and legitimate interests members of the Company and social guarantees for employees. When exercising his rights and fulfilling his obligations, the Director must act in the interests of the Company, exercise his rights and fulfill his obligations towards the Company in good faith and reasonably.

1.4. Rights and obligations of the director in the region labor relations, as well as social guarantees are determined by the Labor Code of the Russian Federation, laws and other regulatory legal acts, constituent documents and internal documents of the Company, this employment contract.

1.5. During the period of his tenure as a director, he is not entitled to hold positions, establish or take part personally or through affiliated enterprises of any organizational and legal form or through affiliated persons in any commercial organizations, with the exception of Companies that are part of a holding company, which includes the Company itself , as well as in accordance with a special decision of the General Meeting of Participants of Damas LLC, adopted by a simple majority of the Company's participants participating in the voting. The director is not entitled to make on his own behalf in his own interests or in the interests of third parties transactions similar to those that are the subject of the Company's activities.

1.6. The Director is not entitled to disclose information that has become known to him in connection with the performance of official duties, which constitutes a commercial secret and confidential information about the activities of the Company, the disclosure of which may cause damage to the Company.

1.7. The director is subject to all types of compulsory social and medical insurance in the manner and under the conditions established for employees by the legislation of the Russian Federation.

2. Obligations of the parties

2.1. The official duties of the director include the exercise of all powers of the sole executive body of the Company as commercial organization, the rights and obligations of the Company in relation to the members of the Company and its employees, state authorities and local governments, as well as the rights and obligations of the Company related to its production and economic activities and the management of subsidiaries and affiliates.

2.2. Director's duties:

Provides preparation and submits to the General Meeting of Members of the Company an annual report, annual financial statements, including a profit and loss statement, as well as proposals for the distribution of profits;

Informs the general meeting about the current production and economic activities of the Company and financial and economic indicators;

Based on the data of observation, research and analysis of production and commercial processes in the activities of the Company, it prepares and implements specific programs economic development Society;

Exercises strict control over the rational use of material, labor and financial resources;

Organizes production and economic activities structural divisions Companies and effective interaction of subsidiaries;

Controls the work and ensures effective interaction of departments and other structural divisions of the Company;

Develops and implements methods for prompt response to crisis and non-standard situations that may arise in the activities of the Company;

Ensures the fulfillment of the Company's obligations to counterparties under business agreements;

Provides selection, placement, training, certification, advanced training of the Company's personnel and rational use labor of employees;

Ensures compliance in the Company with the internal documents of the Company, and the principles of corporate culture;

Takes measures to eliminate the causes and conditions that may lead to a conflict situation in the team;

Organizes observance of labor discipline and safety regulations;

Organizes accounting, ensures the compilation and timely submission of accounting and statistical reports on the activities of the Company to the tax authorities and state statistics authorities;

Ensures the payment by the Company of taxes and other obligatory payments in the terms, in the manner and in the amounts determined by the current legislation;

Carries out other duties that are assigned or will be assigned to the director by the Charter, internal documents of the Company and the current legislation of the Russian Federation.

2.3. The director of the Company has the right:

Independently, within its competence, resolve all issues of the production and economic activities of the Company;

Act on behalf of the Company without a power of attorney, including representing its interests in all government and local government bodies, organizations, enterprises and institutions of any form of ownership, make transactions on behalf of the Company;

Issue powers of attorney for the right to represent on behalf of the Company, including powers of attorney with the right of substitution; - within its competence, make decisions on spending the Company's funds, including funds and reserves created by the Company; - approve staffing Companies, branches and representative offices;

Dispose of any property of the Company, except for cases when the resolution of such issues falls within the competence of the general meeting of members of the Company;

Approve prices and tariffs for products, works and services; - open settlement and other accounts in Russian and foreign banks, sign payment documents;

Approve internal documents of the Company within its competence;

Organize the preparation and holding of the General Meetings of the Company's members;

Sign payment, financial and other outgoing documents;

To coordinate and organize the interaction of subsidiaries with each other and with the main company;

Approve organizational structure, staffing, job descriptions employees of the Company, branches and representative offices of the Company; - issue orders on the appointment of employees of the Company, on their transfer and dismissal, apply incentive measures and impose disciplinary sanctions;

In accordance with the current legislation, determine information constituting a commercial secret and confidential information about the activities of the Company;

Give instructions and orders on all issues of the current activities of the Company, exercise control over their execution;

Exercise other rights and powers within the competence of the Director of the Company.

2.4. The Company assumes the following obligations:

Comply with the terms of this Agreement, the charter and internal documents of the Company;

To ensure normal working conditions for the director, provide him with: a working office, telephone, fax and other operational communication services;

Reimburse the director for hospitality expenses in the amount approved by the decision of the general meeting of the Company's participants;

Pay for the activities of the director in the manner, amount and terms specified in this Agreement;

Carry out in relation to the director all types of compulsory social and medical insurance provided for by the current legislation and ensure the payment of appropriate benefits to him;

3. Working hours

3.1. The director is given irregular working hours.

3.2. The time of attendance at work, the need to leave on business trips are determined by the director independently, based on the production need, the current tasks facing the Company and the need to fulfill the duties assigned to him by this agreement.

4. Rest time

4.1. The director determines a break for rest and meals during the working day on his own, at a convenient time for himself.

4.2. The director is given two days off a week.

4.3. The director is granted an annual basic paid leave of 28 calendar days.

4.4. The main and additional paid holidays are granted to the director during the working year within the terms set by him independently, taking into account the current production and economic activities of the Company and fixed in the vacation schedule.

5. Activity payment

5.1. The remuneration for the activities of the director consists of the official salary.

5.2. The official salary of the director is set at _______ (______) rubles per month.

5.3. Subject to the fulfillment of the business plan of the Company and the official duties assigned by this agreement, the director is paid a vacation remuneration in the amount of the average monthly salary for each annual paid vacation. The decision to pay vacation remuneration is made by the General Meeting of the Company's Members.

6. The term of the contract and the procedure for its termination

6.1. This agreement comes into force from the moment of its signing by the parties and is valid for three years until the relevant decision of the General Meeting of Members of the Company on the appointment of a director.

6.2. This agreement may be terminated early:

At the initiative of the director own wish), if the director has filed an appropriate application for early termination of this agreement. The director's application must be addressed to the General Meeting of Members of the Company, submitted to the office at the location of the Company no later than one month before the date of termination of the contract. A copy of the letter of resignation must also be sent to the Chairman of the General Meeting of Members of the Company at the address of his place of residence (or the location of the member of the Company, the head of which is the Chairman of the General Meeting of Members of the Company). The General Meeting of Members of the Company is obliged, within thirty days from the date of receipt of the director's application for dismissal and termination of the employment contract, to decide on the resignation of the director and elect a new director; - in connection with the adoption by the General Meeting of Members of the Company of a decision on early termination of the employment contract;

In connection with the dismissal of the director of the debtor organization in accordance with the legislation on insolvency (bankruptcy); - on other grounds provided for by the current labor legislation of the Russian Federation.

6.3. In case of liquidation or reorganization of the Company, when the position held by him cannot be retained by the Commercial Director, the Company is obliged to notify him of the forthcoming termination of the contract no later than two months in advance. In this case, the Company pays the director severance pay in the amount and in the manner prescribed by applicable law.

7. Director's responsibility

7.1. The Director shall be liable to the Company for losses caused to the Company by his guilty actions (inaction), unless other grounds and amount of liability are established by federal laws.

7.2. The Director is not responsible for the damage caused to the Company in the following cases:

If the damage has arisen in connection with actions that can be classified as a normal production and economic risk;

If the damage arose as a result of force majeure or other extraordinary circumstances that the director could neither foresee nor prevent by reasonable measures;

If the damage is not a direct result of the actions (inaction) of the director.

7.3. When determining the grounds and extent of the director's liability, the usual conditions of business transactions and other circumstances relevant to the case must be taken into account.

7.4. The director is liable for damages resulting from decisions taken by him that go beyond his competence. The director is not released from liability if the actions entailing liability were taken by the persons to whom he transferred his rights.

7.5. For violations of labor discipline, the director is liable in accordance with the current labor legislation Russian Federation. Penalties on the directors are imposed by decisions of the General Meeting of the Company's Members.

8. The procedure for changing the terms of this agreement.

8.1. The terms of this agreement may be changed by mutual agreement of the Director of the Company and the General Meeting of Members of the Company.

8.2. All amendments and additions to this agreement are valid if they are executed in writing and signed by the Director and the Chairman of the General Meeting of the Company's Members. If during the period of validity of this agreement changes are made to the labor legislation, this agreement is valid in the part that does not contradict the law, while an additional agreement to this agreement is not concluded.

8.3. In the event of disagreements in the performance of the terms of this agreement, they are subject to settlement through negotiations between the Director and the General Meeting of the Company's Participants. In case of failure to settle disputed issues during the negotiation process, disputes are resolved in court in the manner prescribed by the current legislation of the Russian Federation.

8.4. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation of the Russian Federation.

8.5. This Agreement is made in duplicate, having equal legal force. One copy of the agreement is kept by the director, the other - in the documents of the General Meeting of the Company's participants.

Signatures, addresses and details of the parties to the employment contract

Society Director

A copy of the employment contract received (a)

"_____" ____________________ 200____ ______________________________________________

(signature) (Surname, initials of the director)

Employment contract (relationship)

with the leader

The labor legislation of the Russian Federation reasonably defines the head of an organization as a special type of employee. The reason for this separation is the specificity of the manager's labor function, which consists in managing the organization, as well as representing the interests of the organization in relations with third parties.

In the article, we consider the features of labor relations with the head of the organization.

Features of labor regulation of the head of the organization are regulated by Chapter 43 Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

According to Article 273 of the Labor Code of the Russian Federation, the head of an organization is an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents legal entity(organization) and local regulations manages this organization, including performing the functions of its sole executive body.

The same article determines that the norms of Chapter 43 of the Labor Code of the Russian Federation apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, except in cases where:

- the head of the organization is the sole participant (founder), member of the organization, owner of its property;

- management of the organization is carried out under an agreement with another organization (managing organization) or an individual entrepreneur (manager).

Thus, the norms of Chapter 43 of the Labor Code of the Russian Federation do not apply, in particular, to the head of an organization who is the sole participant (founder), member of the organization, owner of its property. In this regard, the question arises, is it possible to conclude an employment contract with such a leader? In order to answer, let's turn to the letter of Rostrud dated March 6, 2013 No. 177-6-1. The letter says that the basis of the norm of Article 273 of the Labor Code of the Russian Federation is the impossibility of concluding an agreement with oneself, since the signing of an employment contract by the same person on behalf of the employee and on behalf of the employer is not allowed. A similar point of view was expressed in the letter of the Ministry of Health and Social Development of Russia of August 18, 2009 No. 22-2-3199 and in the letter of Rostrud of December 28, 2006 No. 2262-6-1.

It should be noted that Rostrud specialists in a letter dated March 6, 2013 No. 177-6-1 also explain that the parties to labor relations are the employee and the employer.

An employee is a natural person who has entered into an employment relationship with an employer. An employer is an individual or a legal entity (organization) that has entered into an employment relationship with an employee.

An employment contract is an agreement between an employer and an employee, that is, a bilateral act. In the absence of one of the parties to the employment contract, it cannot be concluded.

Thus, labor legislation does not apply to the relations of the sole participant of the company with the company founded by him.

The sole member of the company in this situation must, by his decision, assume the functions of the sole executive body - director, general director, president, and so on. Management activities in this case are carried out without the conclusion of any contract, including labor.

Legal basis for regulating the work of the head of the organization

Based on Article 274 of the Labor Code of the Russian Federation, the rights and obligations of the head of the organization in the field of labor relations are determined by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of the organization , local regulations, labor contract.

Conclusion of an employment contract with the head

organizations

To begin with, we note that an employment contract with the head of an organization can be concluded both for an indefinite period and for a fixed period (fixed-term employment contract). If a fixed-term employment contract is concluded with the head, then the term of its validity on the basis of Article 275 of the Labor Code of the Russian Federation is determined by the constituent documents of the organization or by agreement of the parties. Note that the validity period, as well as the circumstances (reasons) that are the basis for concluding an agreement for a certain period, in accordance with Part 2 of Article 57 of the Labor Code of the Russian Federation, must be indicated in the employment contract.

Labor legislation and other regulatory legal acts containing norms labor law, or the constituent documents of the organization may establish procedures prior to the conclusion of an employment contract with the head of the organization (holding a competition, election or appointment to a position, etc.). This is stated in part 2 of article 275 of the Labor Code of the Russian Federation.

So, for example, in relation to the head of a unitary enterprise, it is established that he is appointed by the owner of the property this enterprise. This is indicated by Article 21 of the Federal Law of November 14, 2002 No. 161-FZ "On State and Municipal Unitary Enterprises" (hereinafter - Law No. 161-FZ). Note that the appointment of heads of federal state unitary enterprises is carried out on a competitive basis, which follows from paragraph 3 of the Decree of the Government of the Russian Federation dated March 16, 2000 No. 234 "On the procedure for concluding employment contracts and attestation of heads of federal state unitary enterprises" (hereinafter - Decree No. 234 ). The procedure for holding a competition for filling the position of the head of a federal state unitary enterprise, the conditions for participation in it, the procedure for determining the winner of the competition are established by the Regulation approved by Resolution No. Federation of June 20, 2011 No. 1060-r "On approval of the list of federal state unitary enterprises in respect of which a special procedure has been established for the adoption of decisions by federal executive bodies."

sole proprietorship executive agency of a limited liability company (general director, president) is elected by the general meeting of the company's participants, if the company's charter does not refer this issue to the competence of the board of directors (supervisory board) of the company (Article 40 of the Federal Law of February 8, 1998 No. 14-FZ "On Companies with limited liability" (hereinafter - Law No. 14-FZ)).

Sole executive body joint-stock company(director, general director) is elected by the general meeting of the company, if the charter of the joint-stock company does not refer these issues to the competence of the board of directors (supervisory board) of the company (Article 69 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint-Stock Companies" (hereinafter - Law No. 208-FZ)).

It should be said that in the general case, an employment contract with a manager is concluded on the basis of an independently developed contract form containing all the requirements established by Article 57 and Chapter 43 of the Labor Code of the Russian Federation.

However, an employment contract with the head of a state (municipal) institution in accordance with Part 3 of Article 275 of the Labor Code of the Russian Federation must be concluded on the basis of a standard form of an employment contract approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. Note that today such a standard form is approved by the Decree of the Government of the Russian Federation dated April 12, 2013 No. 329 "On the standard form of an employment contract with the head of a state (municipal) institution."

Note that a federal state unitary enterprise, in order to conclude an employment contract with a manager, can take as a basis an employment contract in the form developed by the Ministry of Economic Development of Russia in Order No. 49 dated March 2, 2005 "On approval of an exemplary labor contract with the Head of a federal state unitary enterprise."

Despite the special status of the head of the organization, when concluding an employment contract, it is necessary to comply with the requirements of the law, which apply to all employees, regardless of their position.

Article 65 of the Labor Code of the Russian Federation establishes that an employee, when applying for a job, must present certain documents (passport, work book other).

In addition, if a citizen enters (applies) for the position of the head of a state (municipal) institution, he is obliged to provide information about his income, property and property obligations, as well as income, property and property obligations of his spouse and minor children. This is indicated by part 4 of article 275 of the Labor Code of the Russian Federation.

Please note that the head of the state (municipal) institution hired is obliged to submit this information annually in the future.

The procedure for submitting such information is approved by the Government of the Russian Federation, a regulatory legal act of a constituent entity of the Russian Federation or a local government body, depending on who is in charge of the institution in which the citizen enters the position of head (in which the citizen, as a head, is hired).

Please note that today the procedure for submission by a citizen applying for a job as head of the federal public institution, as well as the head of a federal state institution of information about their income, property and property-related obligations and about income, property and property-related obligations of their spouse (wife) and minor children is established by the Rules approved by Decree of the Government of the Russian Federation dated March 13, 2013 No. 208 "On approval of the Rules for the submission by a person entering the position of head of a federal state institution, as well as the head of a federal state institution, information about their income, property and property-related obligations and income, property and property-related obligations of their spouse (wife) and minor children."

The work of the head of the organization part-time

According to Article 276 of the Labor Code of the Russian Federation, the head of an organization may work part-time for another employer, but only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.

So, for example, paragraph 3 of Article 69 of Law 208-FZ states that the combination of positions in the management bodies of other organizations by a person exercising the functions of the sole executive body of the company (director, general director) is allowed only with the consent of the board of directors (supervisory board) of the company. Note that the combination in this case, on the basis of Article 60.1 of the Labor Code of the Russian Federation, is considered as a combination job, since working for another employer is one of the signs of an external part-time job.

Please note that the permission to work part-time with another employer must be fixed by the organization either in the organization's charter or in the manager's employment contract, which is signed by an authorized person.

The charter of the organization may establish a ban on the implementation of paid activities in other organizations. For example, by virtue of paragraph 2 of Article 21 of Law No. 161-FZ, the heads of a unitary enterprise are not entitled to engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

Please note that the head of the organization cannot be a member of the bodies exercising the functions of supervision and control in this organization.

Financial responsibility of the head of the organization

The head of the organization bears full liability for direct actual damage caused to the organization, which follows from Article 277 of the Labor Code of the Russian Federation. Recall that direct actual damage is understood as a real decrease in the employer’s cash property or deterioration in the condition of the specified property (including property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused by the employee to third parties (Article 238 of the Labor Code of the Russian Federation).

Please note that the full liability of the head of the organization for damage caused to the organization comes by force of law, therefore the employer has the right to demand compensation for damage in full, regardless of whether the employment contract with this person contains a condition on full liability or not. This is indicated by paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. 52 "On the application by the courts of legislation governing the liability of employees for damage caused to the employer."

In this connection, the condition of full liability can be included in the manager's employment contract as informational information.

It should be noted that the employer does not need to additionally conclude an agreement with the head on full individual liability, since his responsibility is provided for when performing the functions of the sole executive body.

In accordance with part 2 of article 277 of the Labor Code of the Russian Federation, in cases provided for by federal laws, the head of the organization compensates the organization for the losses that he caused by guilty actions.

Thus, the obligation to compensate for losses caused by guilty actions (inaction) is assigned, in particular, to the sole executive body of a joint-stock company (Article 71 of Law No. 208-FZ), the sole executive body of a limited liability company (Article 44 of Law No. 14-FZ) .

In this case, the calculation of losses is carried out in accordance with the norms provided for by Article 15 of the Civil Code of the Russian Federation.

Additional Grounds for Termination

employment contract with the head of the organization

In addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, an employment contract with the head of an organization in accordance with Article 278 of the Labor Code of the Russian Federation is terminated on the following grounds:

1) in connection with the dismissal of the head of the organization - the debtor in accordance with the legislation on insolvency (bankruptcy).

The procedure for removing the head of the debtor from office is regulated by Article 69 of the Federal Law of October 26, 2002 No. 127-FZ "On Insolvency (Bankruptcy)" (hereinafter - Law No. 127-FZ).

2) in connection with the adoption by the authorized body of the legal entity, or the owner of the property of the organization, or the authorized owner of the person (body) of the decision to terminate the employment contract. The decision to terminate the employment contract on the specified grounds in relation to the head of the unitary enterprise is taken by the body authorized by the owner of the unitary enterprise in the manner prescribed by Resolution No. 234.

Please note that termination of the employment contract at the initiative of the employer is not allowed:

- with the head - a pregnant woman, except in the event of liquidation of the organization (part 1 of article 261 of the Labor Code of the Russian Federation, paragraph 26 of the decision of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors" );

- with a manager belonging to one of the categories of persons listed in part 4 of article 261 of the Labor Code of the Russian Federation:

- to women who have a child under the age of 3 years;

- to single mothers raising a child under the age of 14 or a disabled child under the age of 18 (Ruling of the Supreme Court of the Russian Federation dated March 21, 2014 No. 66-KGpr14-2);

- to persons raising without a mother a child under the age of 14 or a disabled child under the age of 18;

- to parents (other legal representatives of the child) who are the sole breadwinners of a child under 3 years of age in a family with three or more children under 14 years of age or a disabled child under 18 years of age, unless the other parent (other legal representative of the child) is in an employment relationship.

The employer has the right to terminate the employment contract with these persons only on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part 1 of article 81 or paragraph 2 of article 336 of the Labor Code of the Russian Federation;

- during a period of temporary incapacity for work or when the head is on vacation, except in the event of liquidation of the organization (part 6 of article 81 of the Labor Code of the Russian Federation, paragraph 50 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation") ;

3) on other grounds provided for by the employment contract. That is, an employment contract can provide for additional (not provided for by the Labor Code of the Russian Federation and other federal laws) grounds. As a rule, in this case, the parties provide grounds that are directly related to non-performance or improper performance of the head of the organization of their duties. So, for example, in paragraph 6.3 of an exemplary employment contract with the head of a federal state unitary enterprise, approved by Order of the Ministry of Economic Development of Russia dated March 2, 2005 No. 49, it is determined that an employment contract can be terminated at the initiative of the Executive Authority on the grounds provided for by the legislation of the Russian Federation on labor, including in accordance with paragraph 3 of Article 278 of the Labor Code of the Russian Federation on the following additional grounds:

a) non-fulfillment due to the fault of the Head of the indicators of economic efficiency of the enterprise's activities approved in the prescribed manner;

b) failure to ensure the conduct of audits of the enterprise in the prescribed manner;

c) non-compliance with decisions of the Government of the Russian Federation, federal executive bodies;

d) making transactions with property that are under the economic jurisdiction of the enterprise, in violation of the requirements of the law and the special legal capacity of the enterprise determined by the Charter of the enterprise;

e) the presence, through the fault of the Head, of more than three months of wage arrears at the enterprise;

f) violation through the fault of the Head, established in the manner prescribed by the legislation of the Russian Federation, of the requirements for labor protection, resulting in a court decision on the liquidation of the enterprise or the termination of the activities of its structural unit;

g) failure to ensure the use of the property of the enterprise, including real estate, for its intended purpose in accordance with the types of activities of the enterprise established by the Charter of the enterprise, as well as the failure to use budgetary and extra-budgetary funds allocated to the enterprise for the intended purpose for more than three months;

h) disclosure by the Head of information constituting an official or commercial secret, which became known to him in connection with the performance of his official duties;

i) violation of the requirements of the legislation of the Russian Federation, as well as the Charter of the enterprise in terms of reporting information about the presence of interest in transactions, including in the circle of affiliated persons;

j) violation established by law Russian Federation and paragraph 3.1.3 of Order No. 49 of the ban on engaging in certain types of activities;

k) ____________ (if necessary, indicate other additional grounds for dismissal).

It should be noted that some approximate formulations of the grounds for dismissal can be used when concluding an employment contract not only with the heads of federal state unitary enterprises, but also with the heads of non-governmental organizations.

Guarantees to the head of the organization in case of termination of the employment contract

According to Article 279 of the Labor Code of the Russian Federation, if the employment contract with the head of the organization is terminated in accordance with paragraph 2 of Article 278 of the Labor Code of the Russian Federation, then in the absence of guilty actions (inaction) of the head, he is paid compensation in the amount determined by the employment contract, but not less than three times the average monthly earnings.

Thus, the specific amount of the severance pay is established in the employment contract or additional agreements to it.

Note!

If, under paragraph 2 of Article 278 of the Labor Code of the Russian Federation, managers are dismissed state corporations, state companies, business companies, more than 50% of the shares (stakes) in the authorized capital of which are in state or municipal ownership, as well as heads of state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises, then they are paid compensation in the amount of three times the average monthly earnings, provided that they did not commit guilty actions (inaction). This is indicated by article 279, parts 1, 2 of article 349.3 of the Labor Code of the Russian Federation.

Early termination of the employment contract at the initiative of the head of the organization

By virtue of Article 280 of the Labor Code of the Russian Federation, the head of the organization has the right to terminate the employment contract ahead of schedule. In this case, he must notify the employer (the owner of the property of the organization, his representative) about this in writing no later than one month in advance. Accordingly, the notice period in this case is at least one month.