Employment contract with the head. Agreement with the manager of the HOA. Director as sole founder

15.04.2021

Labor contract(relations)

with the leader

Labor law Russian Federation reasonably defines the head of the 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 of a legal person (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, it is 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 an 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."

The sole executive body of a limited liability company (general director, president) is elected by the general meeting of participants in the company, 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 Limited Liability Companies" (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 Federal Law No. 208-FZ of December 26, 1995 "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, and others).

In addition, if a citizen enters (applies) for the position of 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 hired head of the state (municipal) institution 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 a person exercising the functions of the sole executive body of the company (director, CEO) positions in the management bodies of other organizations is allowed only with the consent of the board of directors (supervisory board) of the company. Note that in this case, the combination in this case, on the basis of Article 60.1 of the Labor Code of the Russian Federation, is considered as a part-time 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 the damage caused to the organization comes by force of law, therefore, the employer has the right to demand compensation for the damage in full, regardless of whether the employment contract with this person contains a condition for 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) consists of labor relations.

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 through the fault of the Head of the indicators approved in the prescribed manner economic efficiency enterprise activities;

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

c) failure to comply with the 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 salary 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 labor protection requirements, which resulted 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 of the prohibition established by the legislation of the Russian Federation and clause 3.1.3 of Order No. 49 to engage 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 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 public 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 such a case is at least one month.

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 general meeting founders of the Company from "" 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. achieving maximum economic efficiency and profitability of the Company by increasing the trade turnover, net profit, capital inflow, the amount of property owned by the company, securities, monetary assets, intellectual property, etc., as well as due to the constant reduction of the debt burden, costs, encumbrances, optimal tax policy, 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, 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. 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 employees of the Company in accordance with the requirements of the legislation in the field of labor protection, labor law, 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 is set official salary in the amount of rubles. The salary is 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. By agreement with the General Meeting of the Company, the Head 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 working capacity 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, in work book The following grounds for dismissal are indicated for the head: "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 in cases established 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 _________________

An employment contract with the director of an 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, quite often businessmen make the decision 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 the company can take the position of its leader without concluding an employment 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:

  1. Prepare a document containing the decision on the appointment of the CEO and approve it.
  2. 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 for 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

  1. 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 the commercial secret, access to which will be obtained by him in the course of performing his labor duties.
  2. 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 agreements 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.
  1. 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.
  2. 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.

The director (president, general director) of a limited liability company (hereinafter - LLC) manages the entire organization and is recognized as the sole executive body of the enterprise (). At the same time, the director is an employee of the enterprise and, like other employees, the Labor Code of the Russian Federation applies to him. Thus, the employment contract with the director of the LLC (a sample can be downloaded below) must comply with general requirements to the employment contract specified in Article 57 of the Labor Code of the Russian Federation, but at the same time it must reflect the peculiarities of the status of this employee, who manages the entire organization and bears full responsibility for the activities of the enterprise.

Agreement with the director: general conditions

An agreement with the head of an LLC, like any other employment agreement for an LLC (a sample agreement with a director can be downloaded below), must contain the date and place of its conclusion, personal data of the employee (last name, first name, patronymic, passport data), information about the employer (name employer, his TIN, last name, first name, patronymic of the representative of the employer and details of the document on the basis of which this representative acts).

An employment contract for the director of an LLC (a sample can be downloaded below) must contain the following conditions:

  • place of work of the director;
  • the labor function of the employee, i.e. an indication that the employee is acting as director of the LLC (the job duties of the director can be specified in job description);
  • the date from which the director must begin work;
  • working conditions of the director at the workplace. Based on Federal Law No. 426-FZ of December 28, 2013, these conditions are indicated based on the results of an assessment of working conditions;
  • the amount and procedure for payment of wages and other payments to the director, established this employee working hours, as well as rest time;
  • obligations of the employer on compulsory social insurance of the director;
  • the term of the contract when concluding a contract for a specific period (paragraph 8 of part 2 of article 59 of the Labor Code of the Russian Federation). The term of the contract is determined by the charter, or other constituent documents of the enterprise, or by agreement between the employee and the employer ().

Features of labor relations with the director

Concluding labor contract with the general director of an LLC (see a sample employment contract below), it is important to consider the following features:

  • before the signing of the employment contract, the director must be elected to this position by the decision of the general meeting of the LLC or, if it is established by the charter of the LLC, by the board of directors / supervisory board of the LLC ();
  • for damage caused to the enterprise, the director may be held fully liable ();
  • by virtue of Article 70 of the Labor Code of the Russian Federation for a director, the probationary period can be up to six months;
  • the director may be dismissed: 1) by the new owner of the property of the organization within 3 months from the date of acquisition of the right of ownership in relation to the property of the organization with the payment of appropriate compensation (, clause 4 of part 1 of Article 81, ); 2) when the director makes an unreasonable decision that resulted in non-safety / misuse or damage to the property of the employer (

The legal regulation of relations regarding the work of executive employees presents a certain difficulty, mainly because such employees simultaneously perform the functions of a representative of the employer in relation to other workers who are in labor relations with the organization.

Features of labor regulation of the head of the organization, as well as members of the collegial executive body of organizations are reflected in Chapter 43 of the Labor Code of the Russian Federation and a number of articles placed in other chapters. Thus, the legislator emphasizes that the head of the organization is an employee with a special status.

The head of an organization is an individual who, in accordance with the law, the constituent documents of a legal entity (organization) and local regulatory legal acts, manages this organization, including performing the functions of its sole executive body (Part 1 of Article 273 of the Labor Code of the Russian Federation).

Due to the dual legal status of the head of the organization, the employment contract concluded with him is unique and has a number of distinctive qualities.

1. CONCLUSION OF AN EMPLOYMENT CONTRACT
The procedure for concluding an employment contract with the head of the organization is relatively detailed and depends on the specific organizational and legal form of the legal entity.

Labor legislation and other regulatory legal acts containing labor law norms, or the organization's constituent documents 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.).

Yes, education executive bodies joint-stock company is carried out by decision of the general meeting of shareholders, if the charter of the company does not refer this issue to the competence of the board of directors (supervisory board) of the company.

The head of a limited liability company is elected by the general meeting of participants for a period determined by the charter of the company. At the same time, the leader may not be elected from among its participants. The charter of the company may provide that the formation of executive bodies falls within the competence of the board of directors (supervisory board) of the company.

The above provisions on the procedure for concluding an employment contract with the head of a limited liability company
applicable to the situation of concluding an employment contract with the head of an additional liability company. The heads of state and municipal unitary enterprises are appointed by the owner of the property of the unitary enterprise. At the same time, on behalf of the Russian Federation or a constituent entity of the Russian Federation, the rights of the owner of the property of a unitary enterprise are exercised by the state authorities of the Russian Federation (subject of the Russian Federation), and on behalf of the municipality - by local governments. The appointment of heads of unitary enterprises is carried out on a competitive basis. This procedure is two-stage.

The first stage is carried out in the form of tests (in writing). At the second stage, proposals are considered for the program of the enterprise's activities. Relatively recently, a rule has appeared that when hiring the head of an organization, it is mandatory to obtain information about him from a special register - this is due to the fundamental novelty of the Code of Administrative Offenses of the Russian Federation (CAO RF) introduced a new form of punishment - disqualification.

Particular attention should be paid to Article 14.23 of the Code of Administrative Offenses of the Russian Federation, which provides for liability in the form of an administrative fine for the implementation by a disqualified person of management activities legal entity, for concluding an agreement with a disqualified person for the management of a legal entity (50 minimum wages), as well as non-application of the consequences of terminating its actions (up to 1 thousand minimum wages).

When concluding a contract for the management of a legal entity, the person authorized to conclude the contract is obliged to request information on the presence of disqualification individual in the body maintaining the register of disqualified persons. The deadline for providing information contained in the register is 5 days from the date of receipt by the authorized federal body of the relevant request. Only after receiving this information is it possible to conclude an employment contract.

The specifics of the norms of the institution of an employment contract that regulate the work of the heads of the organization can be traced in the specifics of representation on behalf of the employer. The employment contract with the head on behalf of the joint-stock company is signed by the chairman of the board of directors (supervisory board) or a person authorized by him. On behalf of a limited company
the contract is signed by the person who chaired the general meeting of participants at which the head was elected, or a person authorized by the decision of the general meeting of participants of the company, or in certain cases the chairman of the board of directors (supervisory board). When concluding an employment contract with the head of a unitary enterprise, on the part of the employer, the head of the relevant executive authority in charge of the unitary enterprise acts.

All terms of the employment contract are usually divided into mandatory and additional.

2.1. MANDATORY TERMS OF AN EMPLOYMENT CONTRACT
From the point of view of the general norms of the institution of an employment contract, an employment contract with the head of the organization must contain: the full name of the employee and the name of the employer who entered into the contract;

  • information about the documents proving the identity of the employee;
  • information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
  • information about the place and date of conclusion of this agreement, as well as all the mandatory conditions of any employment contract (part 2 of article 57 of the Labor Code of the Russian Federation).

The enumeration of these conditions, perhaps, would be redundant if it were not for certain features of their content regarding the contract concluded with the head of the organization.
Like any employment contract, the contract with the manager must contain a condition about the place of work. In accordance with the latest
the wording of the Labor Code, specifying the place of work (indicating the structural unit) is an additional condition of the contract, but, given that we are talking about the head of the organization, indicate structural subdivision there is no need, since the leader leads the entire organization as a whole.

When specifying the labor function and the name of the position, it is necessary to take into account the requirements of the law and constituent documents. For example, in accordance with Article 40 of the Federal Law "On Limited Liability Companies", the sole executive and administrative body may be called the general director or the president. An inaccurate or arbitrary title of the position of the head of the organization may subsequently create difficulties in determining his status, powers, including in relations with public authorities or other business entities.

The start date condition is as mandatory as for any other worker, but you should have
in mind that when determining the date of commencement of work, it is necessary to take into account the term or date of expiration of the powers of the previous head. Naturally, this is also necessary in order to avoid dual power, as well as to prevent misunderstandings related to the execution of power and administrative powers, especially in the financial and economic sphere. In addition, an employment contract with a manager may be concluded for a period established by the constituent documents of the organization or by agreement of the parties (Part 2 of Article 59 and 275 of the Labor Code of the Russian Federation). Consequently, the contract contains a condition on the period of its validity, indicating the grounds for concluding it on an urgent basis.

The terms of remuneration of the head also differ in the originality of their establishment in the employment contract. As a rule, the manager is given an official salary and all kinds of additional payments and allowances, including those of a stimulating nature, like all other employees. However, the employment contract may contain conditions for additional financial incentives for the head of the organization. For example, the contract may contain a condition on the participation of the head in the distribution of part of the profit, the establishment of remuneration based on the results of the organization's work for the year as a percentage of net profit. In case of reaching high economic indicators the contract may provide for the right of the head to receive a part of the company's shares, etc. At present, employment contracts with managers pay more and more attention to these issues. Thus, tasks are solved as increasing motivation to the maximum good governance property, and increasing labor productivity through an increase in the level of organization of labor and production.

Remuneration of the heads of organizations financed from federal budget, must be carried out in the manner and in the amount to be determined by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by state authorities of the corresponding constituent entity of the Russian Federation, and in organizations financed from the local budget - by local governments (part 1 of article 145 TC RF).

The mode of working time and rest time of the head of the organization is also determined by the terms of his employment contract. The law prohibits contractually worsening the position of an employee in comparison with the current legislation. This prohibition is fully applied when determining the relevant section of the employment contract with the head of the organization, however, a number of comments can be made here. Since the functions of the manager include the organization of the work of other employees, this requires additional time expenditures, including those that go beyond the normal working hours established by law. Besides, work time of the head is difficult (if at all) to strict accounting and rationing. Therefore, the employment contract of the head, as a rule, provides for the establishment of irregular working hours. It would seem that everything is clear, but Article 101 of the Labor Code of the Russian Federation defines an irregular working day as a special regime in accordance with which an employee, by order of the employer, if necessary, episodically performs his labor functions outside the working hours established for them. Naturally, in relation to the work of the manager, one does not have to talk about any order of the employer and illusory episodic nature: the manager not only organizes the work of others, but also organizes his own work, moreover, independently and in accordance with the goals and tasks set for him, related to the maximum effective work the entire organization.

Taking into account that the employment contract determines the features of the manager's working hours, it must undoubtedly contain special conditions regarding rest time, namely vacations. The vacation of the head consists, as usual, of the main and additional. The main annual paid leave may be established by the contract for a duration exceeding the usual 28 calendar days (extended main leave). The employer, taking into account his production and financial capabilities, may establish an annual additional paid leave for the head of the organization.

Besides, additional leave may be provided for irregular working hours and other special working conditions.

Also, these contracts often contain conditions on the amount of material assistance allocated to the head for the main paid leave for rest and treatment (including sanatorium and resort).

Characteristics of working conditions and the nature of work, as a rule, are omitted in the content of an employment contract with a supervisor
organizations as opposed to employment contracts with other employees. This, of course, is due to the absence of unfavorable production factors directly at the workplace. As for the costs of psychological and mental stress, they are traditionally offset by the presence in such an agreement of additional conditions of a material and domestic nature.

The condition on compulsory social insurance is also a prerequisite for any employment contract.

2.2. ADDITIONAL TERMS OF THE EMPLOYMENT CONTRACT

Additional terms of an employment contract with a manager can be both quite traditional, for example, a condition on a probationary period, and special, peculiar only to this type of employment contract.

An employment contract with a manager, as with any other employee, may contain a condition on a probationary period. However, a test for heads of organizations may be provided for up to six months (Part 5 of Article 70 of the Labor Code of the Russian Federation). However, a test for employment cannot be established for persons elected to an elective position for paid work, and for persons entering a job through competition, therefore it seems that the rules regarding the six-month period probationary period for leaders of the organization practical application won't find.

The employment contract with the manager includes a condition on non-disclosure of legally protected secrets (state, commercial and official). Such a condition seems to be quite justified, since it is the manager who, by the nature of his activity, has unlimited access to any confidential information, the disclosure of which can lead to serious property damage.

The employment contract with the head of the organization should provide for his obligations to ensure the protection of the confidentiality of information owned by the organization and its counterparties, and responsibility for ensuring the protection of its confidentiality (part 6 of Article 11 of the Federal Law "On Trade Secrets"). The responsibility of the manager for the disclosure of trade secrets is stricter than that of other employees: the manager compensates for the losses caused to the organization. In this case, losses are determined in accordance with civil law (Part 7 of Article 11 of the Federal Law “On Trade Secrets”). However, it should be noted that this provision becomes invalid as of January 1, 2008 (Article 34 of Federal Law No. 231-FZ of December 18, 2006).

In addition to the types of compulsory social insurance common to all employees (pension, medical, etc.), more and more often, in an agreement with the head of an organization, one can also find conditions for additional (optional) insurance, for example, life and health insurance, accident insurance, etc. an employment contract may provide for insurance not only of the employee himself, but also of the immediate members of his family.

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