Employment contract with the executive director. Sample, standard form

21.09.2019

G. ____________

"___"_________ ___ G.

We refer to__ hereinafter as the Company, represented by ________________, acting___ on the basis of the Charter and minutes of the general meeting of participants (supervisory board, board of directors) of the Company dated "___"___________ ___, on the one hand, and ________________, hereinafter referred to as___ Employee, on the other hand , have entered into an agreement as follows:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The Company undertakes to provide the Employee with work as an executive director, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this agreement, in a timely manner and in full. pay the Employee wages, and the Employee undertakes to personally perform the functions of the executive director of the Company and comply with the internal labor regulations in force in the Company.

1.2. The Company is the main place of work of the Employee. An employee may hold other paid positions in other organizations only with the permission of the general meeting of members of the Company.

1.3. The employee is obliged to start work from "___"_________ ___.

1.4. The agreement comes into force from the moment it is signed by both parties and is valid indefinitely.

1.5. The Employee’s place of work is the Company’s office located at: ___________________________.

1.6. An employee does not have the right to be a member of the bodies performing the functions of supervision and control of the Company.

1.7. The Employee’s work under the contract is carried out under normal conditions. The Employee’s labor duties are not related to heavy work or work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.8. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.

1.9. The employee undertakes not to disclose secrets protected by law (official, commercial, other) and confidential information owned by the Company and its counterparties.

2. EMPLOYEE COMPETENCE

2.1. The Employee is entrusted with the current management of the Company's activities; he resolves all issues with the exception of issues within the exclusive competence of the general meeting of participants, the board of directors, and the sole executive body.

2.2. The employee ensures both the receipt of dividends by the participants and the possibility of sustainable development of the Company itself.

To achieve these goals, the Employee solves the following tasks:

Organizes the work of the Company and its compliance with the financial and economic plan;

Conscientiously, timely and effectively implements decisions of the Board of Directors of the Company, the general meeting of participants, and the sole executive body.

2.3. The employee acts on behalf of the Company under the power of attorney of the sole executive body.

2.4. Job responsibilities of the Employee:

Organize management of the movement of the Company’s financial resources and regulation of financial relations for the purpose of the most effective use all types of resources in the process of production and sale of products (goods, works, services) and obtaining maximum profit;

Determine sources of financing for production economic activity Companies (budget financing, short-term and long-term lending, issue and acquisition of securities, leasing financing, borrowing and use of own funds);

In order to determine an external source of financing, organize the activities of employees of the financial department according to the following directions: searching for sources, estimating the cost of sources, evaluation financial risk, the ratio of own and attracted sources of financing;

Directly negotiate with commercial banks, other credit institutions and other external organizations;

Coordinate work on analyzing the financial and economic condition of the Company (analysis of financial statements, horizontal and vertical analysis, trend analysis, calculation of financial ratios);

Ensure the development of the Company's accounting policy (definition of: methods for writing off raw materials and supplies into production; options for writing off low-value and wear-and-tear items; methods for assessing unfinished construction; the possibility of using accelerated depreciation; forms for planning new production facilities and sites; accounting methods finished products; etc.);

Manage the work to formulate the Company's credit policy, including: analyzing the balance sheet structure; determining the level of the ratio of own and borrowed funds; making a decision to raise borrowed funds; determining the benefits of borrowing funds; study of credit institutions; analysis of contractual documentation; drawing up a plan for repayment of borrowed funds; calculation interest rates for the loan period; determining the amount of interest on draft loan agreements; establishing sources of payment of the loan amount and interest; development of plans and schemes for loan repayment; etc.);

Manage the assets of the Company (financing current production activities; investments directed by the Company for technical development (reconstruction, renewal and repair of equipment, production of new types of products, construction of buildings and structures, etc.); financial investments (purchase of securities, management of the securities portfolio , Creation subsidiaries, etc.); maneuvering temporarily free funds; reorganization, liquidation, sale of individual objects of the Company’s property complex);

Organize research and analysis of costs for the purchase of raw materials and supplies, electricity consumption, transportation costs, trade commissions and other expenses, depreciation costs, interest on loans, rent, costs of maintaining the management staff, routine repairs of equipment and other costs with for the purpose of determining cost management policies;

Organize work on the development of sections of the business plan (section of the main indicators of the financial and economic condition of the Company; section for assessing financial and production risks and methods of insuring them; section for forecasting profits and losses, forecasting the movement (flow) of cash, etc.);

Organize preparatory work on budget planning (preparing proposals for the formation of a system of functional budgets (loan repayment budget, tax budget); developing proposals for drawing up a consolidated budget, determining the budget structure, determining responsibility for budget execution, establishing a procedure for coordination, approval and control of budget execution);

Organize and ensure control over: the execution of financial plans (including the profit plan) and budgets in order to identify deviations from planned values, develop measures to eliminate non-production costs and cost-increasing factors identified during the analysis, prompt adjustment of the budget and plan; for the cessation of production of products that are not marketable; for proper spending cash and targeted use of own and borrowed working capital;

Organize work to carry out financial analysis according to the following indicators: receipt of funds to the Company’s account for shipped products (goods) and services provided (work performed); spending proceeds from sales in the main areas (purchase of raw materials, wages, fixed costs and other current needs of the enterprise); payment of interest on loans; payment of dividends; investment costs; the amount of available funds of the Company (or the amount of their deficit);

Based on the results of the financial analysis, ensure the development of a set of measures aimed at ensuring solvency, preventing the formation and liquidation of unused inventory, increasing production profitability, increasing profits, reducing costs of production and sales of products, strengthening financial discipline;

Determine the Company's investment policy taking into account: the state of the product market, the volume of its sales; financial and economic situation of the Company; technical level of production; combinations of own and borrowed resources; financial conditions for investment in the capital market; benefits received by the investor from the state; commercial and budgetary efficiency of investment activities; conditions of insurance and obtaining guarantees against non-commercial risks;

Ensure timely receipt of income, registration in established deadlines financial settlement and banking operations, payment of bills to suppliers and contractors, repayment of loans, payment of interest, wages to workers and employees, transfer of payments to banking institutions;

Organize and control the development of the Company’s tax policy (formation of the tax base for all types of taxes and fees; choice of form tax accounting; determining the composition of costs attributable to the cost of products (goods, works, services) for tax purposes; definition of mechanisms of use tax benefits etc.);

Organize: development of a tax budget that allows you to determine the planned profit values; carrying out calculations of profits and income taxes;

Control the transfer of taxes and fees to the federal, regional and local budgets, to state extra-budgetary social funds in the manner prescribed by law;

Provide leadership in the development of financial accounting standards and relationships with accounting(reporting forms not approved at the regulatory level; deadlines; information flow and document management systems, etc.);

Ensure the maintenance of financial flow records and reporting on results financial activities in accordance with financial accounting and reporting standards, the reliability of financial information; control the correctness of the preparation and execution of reporting documentation;

Coordinate the preparation work explanatory notes(monthly, quarterly, annual) according to forms of financial accounting and reporting with calculated indicators, with detailed analysis deviations (from planned, industry average indicators, indicators of the previous year, competitor enterprises, etc.);

Be responsible for financial matters on an equal basis with the head of the Company and have the right of second signature;

Resolve other issues of the current activities of the Company.

2.5. An employee has the right to entrust the resolution of certain issues within his competence to his deputies and department heads.

2.6. The employee bears personal responsibility for the state of affairs and activities of the Company.

2.7. Deputies (deputies) of the Employee are appointed by the Employee and head areas of work in accordance with the distribution of responsibilities approved by the Employee.

The Employee's deputies (deputies) act on the basis of a power of attorney issued by the Employee. In the absence of the Employee, as well as in other cases when the Employee cannot perform his duties, his functions are performed by a deputy.

3. LIMITATIONS OF EMPLOYEE RIGHTS. RESPONSIBILITY

3.1. The employee is obliged to act reasonably and conscientiously in the interests of the Company.

3.2. An employee does not have the right to establish or participate in enterprises that compete with the Company unless he is given permission to do so by the board of directors.

3.3. In his activities, the employee must take into account the interests of third parties to ensure the effective operation of the Company, including: the Company’s counterparties, the state and municipalities in whose territory the Company is located.

3.4. If a conflict arises or threatens to arise between the activities of the Company and the personal interests of the Employee, he immediately notifies the board of directors. Until a decision is made by the board of directors, the Employee shall refrain from taking actions that will lead to a conflict between his interests and the interests of the Company.

3.5. An employee must not disclose or use confidential and insider information about the Company for personal selfish interests and in the interests of third parties.

3.6. An employee does not have the right to directly or indirectly receive remuneration for influencing decision-making by the board of directors and other bodies of the Company.

3.7. The Employee, as well as his affiliates, must not accept gifts or receive other direct or indirect benefits, the purpose of which is to influence the Employee's activities or decisions.

The exceptions are symbolic signs of attention in accordance with generally accepted rules of politeness and souvenirs during official events.

3.8. The employee is responsible for improper performance of his duties.

3.9. The employee fully compensates for losses caused to the Company by his guilty actions.

3.10. The employee is released from liability if it is proven that he is not personally interested in making a specific decision and has carefully studied all the information necessary to make a decision; at the same time, other accompanying circumstances must indicate that he acted solely in the interests of the Company.

3.11. The contract with the Employee may provide for insurance of his risks.

4. RESPONSIBILITIES AND RIGHTS OF THE COMPANY

4.1. The Company undertakes:

4.1.1. Provide the Employee with work in accordance with the terms of the contract. The Company has the right to require the Employee to perform duties (work) not stipulated by the contract only in cases provided for by labor legislation Russian Federation.

4.1.2. Ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.

4.1.3. Pay promptly and in full the wages due to the Employee, as well as make other payments in accordance with Labor Code of the Russian Federation in the manner established by the Regulations on remuneration in the Company and other local acts of the Company.

4.1.4. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.

4.1.5. Pay for training, if necessary, in order to improve the Employee’s qualifications.

4.1.6. Familiarize the Employee with labor protection requirements, internal labor regulations, and regulations on remuneration.

4.2. The company has the right:

4.2.1. Terminate the contract with the Employee in the manner and under the conditions established by the current legislation of the Russian Federation.

4.2.2. Encourage the Employee for conscientious and effective work.

4.2.3. Require the Employee to perform his labor duties and careful attitude to the property of the Company and other employees, compliance with the internal labor regulations of the Company.

4.2.4. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation and local regulations.

4.2.5. Conduct certification of the Employee in accordance with the Certification Regulations in order to identify the real level professional competence Employee.

4.2.6. Conduct an assessment of the Employee’s performance in accordance with the Regulations on Labor Performance Assessment.

4.2.7. with the consent of the Employee, involve him in the performance of certain tasks that are not included in job responsibilities Employee.

4.2.8. With the consent of the Employee, involve him in performing additional work in a different or the same profession (position) for an additional fee.

4.2.9. Accept internal documents.

5. SUSPENSION, TERMINATION OF EMPLOYEE’S POWERS

5.1. The Board of Directors has the right, in cases provided for by the Company's Charter, to decide to suspend the powers of the Employee.

5.2. The Company has the right at any time to terminate powers and terminate the contract with the Employee in accordance with the current labor legislation, as well as the legislation on companies with limited liability. The decision to terminate the contract with the Employee is made by the board of directors.

5.3. Along with those established by labor legislation, the following grounds for termination of the contract at the initiative of the Company are included:

Causing material damage to the Company, with the exception of damage associated with ordinary commercial risk;

Damage to the business reputation of the Company;

Committing an intentional criminal offense;

Concealing your interest in completing a transaction involving the Company;

Violation of the provisions of the Company's Charter, as well as the norms of legislation on limited liability companies;

Concealing information about one’s participation in the work of governing bodies of others business entities and others legal entities(except for participation in public associations, trade unions and political parties) without the knowledge of the board of directors;

Extracting personal benefit from the disposal of the Company's property, except for cases where deriving personal benefit is permitted by law, the Charter and other documents and decisions of the Company;

Establishment during the period of work on the Board of the Company of business entities and others commercial organizations, competing with the Company;

- _____ (others).

5.4. The Employee must notify the Board of Directors of his intention to terminate the contract early at least _________ months in advance.

5.5. The procedure for transferring cases to a newly appointed Employee is determined by the Board of Directors.

5.6. The employee is obliged not to disclose confidential and insider information after termination of the contract.

5.7. In case of early termination of the contract with the Employee, he is paid: ______________________, with the exception of early termination of the contract on the grounds established in clause 5.3 of the contract.

5.8. The day of termination of the contract in all cases is the last day of work of the Employee, with the exception of cases when the Employee did not actually work, but beyond it in accordance with the Labor Code of the Russian Federation or other federal law the place of work (position) was maintained.

6. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

6.1. For the performance of labor duties, the Employee is paid a salary in the amount of _____ (_______________) rubles per month.

6.2. The Company establishes incentive and compensation payments (additional payments, allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees "__________", which the Employee was familiarized with when signing the contract.

6.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of _____% of the salary for the combined position.

6.4. Overtime work is paid for the first two hours of work at one and a half times the rate, for subsequent hours - at double the rate. At the request of the Employee overtime Instead of increased pay, it may be compensated by providing additional rest time, but not less than the time worked overtime.

6.5. Work on a weekend or a non-working holiday is paid in accordance with Art. 153 of the Labor Code of the Russian Federation.

6.6. The Employee's wages are paid by issuing cash at the Company's cash desk (by transferring to the Employee's bank account).

Wages are paid at least every half month on the days established by the Internal Labor Regulations (collective agreement).

6.7. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

6.8. An increase or decrease in the amount of official salary and wages in general is made on the basis of a decision of the general meeting of the Company's participants (board of directors, supervisory board) and is formalized by an additional agreement to the contract.

7. WORKING AND REST TIME REGIME

7.1. The employee is given a five-day pay working week with two days off - Saturday and Sunday.

7.2. Start time: ______________________.

Closing time: ______________________.

7.3. During the working day, the Employee is given a break for rest and food from ____ hour to ____ hour, which is working hours does not turn on.

7.4. The employee is granted annual paid leave of _____ (at least 28) calendar days.

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work in this Company. By agreement of the parties, the Employee may be granted paid leave before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

7.5. For family reasons and others good reasons An employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "__________".

8. CONDITIONS OF ADDITIONAL EMPLOYEE INSURANCE

8.1. The employee is subject to additional insurance in the manner and on the terms established by the collective agreement (if any), agreements of the parties and the current legislation of the Russian Federation.

9. RESPONSIBILITY OF THE SOCIETY

9.1. The party to the contract who is guilty of the breach labor legislation and other regulatory legal acts containing labor law norms, bears responsibility in cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.

9.2. Financial responsibility party to the contract shall be liable for direct actual damage caused by it to the other party to the contract as a result of its culpable unlawful behavior. Direct actual damage is understood as a real decrease in the Employer’s available property or deterioration in the condition of said property (including property of third parties located by the Employer, if the Employer is responsible for the safety of this property), as well as the need for the Employer to make costs or excess payments for the acquisition, restoration of property or compensation for damage caused by the Employee to third parties.

9.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

9.4. Each party is required to prove the amount of damage caused.

10. TERMINATION OF THE AGREEMENT

10.1. The grounds for termination of this employment contract are:

10.1.1. Agreement of the parties.

10.1.2. Termination of an employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter.

10.1.3. Termination of an employment contract at the initiative of the Employer in cases established by law.

10.1.4. Other grounds provided for by the labor legislation of the Russian Federation.

10.2. The day of termination of the employment contract in all cases is the Employee’s last day of work, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

10.3. The Employer has the right to decide to make a compensation payment to the Employee in the amount of ________ in the case of ______________.

11. FINAL PROVISIONS

11.1. The terms of the agreement are confidential and are not subject to disclosure.

11.2. The terms of the contract are binding legal force for the parties from the moment it is signed by the parties. All changes and additions to the agreement are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

11.4. In all other respects that are not provided for in the contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The Agreement is drawn up in two copies having equal legal force, one of which is kept by the Company, and the other by the Employee.

11.6. Before signing the employment contract, the Employee is familiar with the following documents:

__________________________________

12. ADDRESSES AND DETAILS OF THE PARTIES

Company: ______________________________________________________________ address: ___________________________________________________________________, INN _________________________________, checkpoint _________________________________, settlement account ___________________________________ in _________________________________, BIC _________________________________. Employee: ______________________________________________________________ passport: series ______ N _________, issued by __________________________________ ___________________________________________________ "___"__________ ____, department code _____________________________________, registered at the address: ________________________________________________________________. SIGNATURES OF THE PARTIES: Society: Employee: ______________/___________ ________________/______________ M.P. A copy was received and signed by the Employee "___"___________ ____. Employee's signature: ____________________

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, managing 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 manager, an employment contract is concluded with general director LLC, a sample of which is presented below.

The document is drawn up in accordance with the provisions 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. That is, employment contract with the director of the LLC(sample below in article) uses general rules and has a structure similar to a regular employment agreement.

The header of the document indicates the date and place of conclusion of the contract, the name of the organization, its Taxpayer Identification Number, full name of the representative of the institution and the details of the document on the basis of which it operates. Then you need to indicate the full name and passport details of the person being hired for a leadership position. The body of the document must include:

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

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 its behalf and in the interests of the institution, the position must be prescribed identically to the definition set out in.

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

Pay attention should also be paid to 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 meeting of founders.

The employment contract can stipulate the amount of compensation payments in the event of termination of cooperation. The amount of severance pay for a manager must be equal to at least three salaries.

One of the main points of the contract is the condition of non-disclosure of trade secrets and responsibility for the dissemination of classified information.

When drawing up a document, the question may arise as to whether it is necessary to include a clause on the financial responsibility of the manager. Lawyers believe that this is not necessary, since the director is by default considered a financially responsible person.

If the sole founder and manager are the same person

Labor legislation does not directly prohibit concluding an employment contract with a manager if he is a co-founder. But what if he is the only founder. This situation does not have a clear answer and various departments, such as the Ministry of Finance, Rostrud, off-budget funds express opposing 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 rely on the norms of the law set out in paragraph 3 of Art. 182 of the Civil Code of the Russian Federation. However, this legislation does not apply to labor relations. However, 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 by the same person is not permitted. The Ministry of Finance adheres to the same point of view and has prohibited the inclusion of salaries and social contributions for the general director in expenses.

Having decided to enter into an agreement with yourself as a manager who is the sole founder, you need to consider:

When drawing up an agreement, the parties are a legal entity - the employer and individual- hired employee. When carrying out business activities, the institution acts as a legal entity, and not on behalf of the founders, so you literally enter into 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 who are not covered by labor legislation, 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 the salaries 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 expenses, it is impossible to include remuneration for management, except for those paid under an employment contract. It follows from this that writing off the director’s salary expenses is possible.

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

A commercial director is a specialist who manages the sales department, an employee who carries out activities related to procurement, logistics and marketing of the enterprise. This employee takes office and leaves by 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 information of the parties;
validity period of the document;
information about probationary period, if provided;
date of assumption of official duties;
rights and obligations of the employer and employee;
work and rest schedule;
terms of calculation and payment of wages and other incentive payments;
situations and cases that make it possible to make changes to the contract or terminate it.

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

Employment contract with the executive director of the LLC

The executive director carries out activities related to the management of the organization, the regulation of production processes in order to maximize profits. Labor agreement 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, a non-disclosure agreement 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 a manager, it is necessary to find out which body is authorized to choose the general director. Law No. 14-FZ of 02/08/1998 states that the manager is elected at a general meeting of participants, but in practice the decision can also be made by the board of directors. Such powers are disclosed in the LLC Charter.

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

In the second case, the agreement is signed on behalf of the employer by the chairman of the board of directors or another authorized person - this can be either a member of the board or an ordinary participant.

If the agreement is drawn up by the director, who is the sole founder, then he puts signatures on both sides.

Breaking the contract

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

by decision of the new owner of the institution within three months from the date of taking ownership;
if the activities carried out by the director resulted in the failure to preserve or misuse assets, caused damage to property, or losses;
in case of 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, loss of contract, etc.);
if at the general meeting a decision was made to terminate cooperation with this person as a director.

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

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

Employment contract with the director - this is a standard personnel document, because even the general director is the same employee as others. However, the nature of his labor relationship with the employer company is somewhat different. The work of a manager involves more responsibility than labor function ordinary employee. He manages the company and is responsible for his actions both legally and financially. How to compose such a document without errors?

Despite high position manager, the terms of the employment contract with him do not differ much from the standard clauses of standard agreements. Let’s take a closer look at the specifics of drawing up such an agreement. At the end of the article you will find sample agreements. The form is not unified, there is no need to copy the standard form, you can act and change the conditions according to the goals of hiring an employee for a position.

Position of director of the organization

A director is the head of a small company or a huge corporation. This is an individual who assumes the powers of the executive body of an organization, regardless of its size. The position of a manager is not always called “director”. The agreement may include other titles: president of the company, head of the corporation, general director. It is important that the name in the contract sounds the same as in the company’s constituent documents. The number of executives employed by the organization and responsible for various technical and production areas may consist of two or three persons. In this case, managers of narrower areas obey the orders of higher management (usually the general).

Features of concluding an agreement with the director

Relations between the employer company and its manager are built according to the rules of the Labor Code, laws of the Russian Federation and constituent entities of the Russian Federation, regulations local authorities, constituent documents and local acts of the company. The function of employer can only be performed by a legal entity, not an individual. This is the main difference from agreements with ordinary employees. But there are other features. Let's take a closer look.

Prerequisites

The contract with the manager is concluded in writing in two copies. The agreement is signed by the employee (future manager) and the owner of the company (founder) or a representative of the general meeting of shareholders.

Mandatory clauses that are present in all types of agreements (not only with the manager):

Details of the parties: Full name and passport details of the employee, name and details of the legal entity;
date of conclusion;
place of detention (address);
job title;
description of job responsibilities;
salary information;
probationary period condition (if any);
information about compensation.

If the condition of a probationary period is not included in the agreement, then it is considered that the manager was hired for the position without a trial.

Conditions that apply only to executive contracts:

if wages exceed 25% of the value of the company’s assets, then the contract is approved by an advisory body (meeting of founders, board of directors);
the minimum amount of compensation upon termination of an agreement with the manager is not less than the amount of three months’ earnings;
a clause on non-disclosure of trade secrets and a measure of liability must be included in the agreement;
It is not necessary to include a clause on financial liability; it occurs by default.

Competition, election or appointment

A manager holds a position in the following ways:

a competition is taking place;
elected at a meeting of founders or a board of directors;
appointed by the founder personally;
other.

It is difficult to draw an independent conclusion from the norms of the Labor Code of the Russian Federation. Officials of departments and agencies - Rostrud, the Ministry of Finance, the Federal Tax Service - have already given many explanations on this matter, periodically changing their position. The Letter of the Ministry of Finance dated March 15, 2016 No. 03-11-11/14234 states that it is impossible to sign an employment contract in such a situation. The Ministry points out that labor relations with a sole founder are formalized not by agreement, but by a written decision, therefore a sample agreement with a director, if the founder and director are the same person, is a violation.

But it is worth remembering that the ministry’s clarification is not a legal act and therefore has no legal force. Citizens have the right to interpret legislation differently. The Labor Code of the Russian Federation does not contain a direct prohibition on drawing up an employment contract with the founder, but there is also no permissive norm. The founding general director is not included in the list of persons who are not covered by labor legislation, which means that a sample employment contract with the director, if he is the only founder, is still completely legitimate. Therefore, as an employee, he is endowed with all the rights and responsibilities established by the Labor Code of the Russian Federation. The Federal Law on LLC also does not prohibit allowing oneself to work. Experts believe that signing an agreement with a sole founder will not create problems. On the contrary, the absence of a contract can lead to fines during inspections. All the more necessary is an employment contract with the director of the LLC if he is one of the founders.

Since the code does not contain any obstacles to concluding an agreement with oneself, the sole participant of the Society signs twice:

as an employee;
and as a representative of the employer.

A sample employment contract with the general director of an LLC - who is also the founder - may contain the following wording: “LLC (OJSC) Inter,” referred to as the “Employer,” represented by the sole participant Viktor Petrovich Trushkin, acting on the basis of the Charter and decision No. 1 of 02.05. 2016, on the one hand, and Trushkin Viktor Petrovich, referred to as “Employee”, on the other hand, entered into this employment agreement on...”. You can download a sample employment contract with the director of an LLC (who is also the founder) on our website - links to various options documents are given at the end of the article.

Employment contract with the director of a government agency

When hiring for the position of head of a government or municipal institution, in addition to the required passports, work book, TIN, by Article 275 of the Labor Code of the Russian Federation, the citizen provides:

certificate of income and property;
information about the income, property (debts and obligations) of the spouse and minor children.

In the future, this information will be re-provided every year.

The rules for providing such information are regulated by Government Decree No. 208 of March 13, 2013.

Registration for the position of a manager of a state-owned enterprise is associated with another feature. When hiring the head of a private company, the contract can be drawn up in free form. The main thing is to take into account the requirements of the law, and by filling the content with conditions, you can give free rein to your imagination. But the contract with the head of state or municipal organization, unlike the private one, is not compiled arbitrarily. It is concluded on the basis of a standard form approved by Government Decree No. 329 dated April 12, 2013.

Additional grounds for termination of the contract

In addition to the general grounds for termination, which apply to all employees, there are additional ones that apply only to managers. According to Article 278 of the Labor Code of the Russian Federation, you can terminate an agreement with a management person:

upon removal of the head of a debtor company under the bankruptcy law (Federal Law 127 of October 26, 2002);
decision of the authorized body or the owner of the company to terminate the contract;
on the grounds specified in the agreement (usually these are clauses about violation of official duties or failure to perform labor functions).

When an employer cannot fire a director

The list of additional grounds for terminating relations with a manager creates the impression that the employer can terminate the contract at any time of his own free will. But this is not entirely true. Like any other employee, the employer does not fire the manager if it:

a pregnant woman (except in case of liquidation of the company);
woman with a child under 3 years old;
a single mother with a child under 14 years of age or a disabled child under 18 years of age;
a person who is raising a child under 14 years of age or a disabled person under 18 years of age without a mother;
the sole breadwinner of a child under 3 years of age in a family with three or more children or a disabled person under 18 years of age.

A contract with these persons can be terminated only on special grounds (

EMPLOYMENT CONTRACT

with the executive director

(indefinite; no trial)

G. __________________ "___"__________ ____ g.

Hereinafter referred to as__ (name of organization)

"Employer", represented by __________________________________________, (position, full name)

Acting___ on the basis of _____________________, on the one hand, and ___________________________, hereinafter referred to as "Employee", (full name)

On the other hand, we have entered into this agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Employer instructs, and the Employee assumes, the performance of labor duties in the position of Executive Director in _____________.

1.2. The work under this agreement is the main one for the Employee.

1.3. The Employee’s place of work is the office located at: __________________________.

1.4. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.5. The employee reports directly to _______________________.

2. DURATION OF THE AGREEMENT

2.1. The employee must begin performing his job duties from "___"__________ ____.

2.2. This agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of __________ (_______________) rubles per month.

3.2. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees "______________", which the Employee was familiarized with when signing this agreement.

3.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position.

3.4. Overtime work is paid for the first two hours of work at one and a half times the rate, for subsequent hours - at double the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.5. Work on a day off and a non-working holiday is paid in the amount of a single part of the official salary for a day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the limits of the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

3.6. The Employee's wages are paid by issuing cash at the Employer's cash desk (by transferring to the Employee's bank account).

3.7. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee has a five-day work week with two days off - Saturday and Sunday.

4.2. Start time: _____________________.

Closing time: _____________________.

4.3. During the working day, the Employee is given a break for rest and food from ___ hour. up to ___ hour, which is not included during working hours.

4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "_______________".

5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

Organize management of the movement of financial resources of the organization and regulation of financial relations in order to most effectively use all types of resources in the process of production and sale of products (goods, works, services) and obtain maximum profit;

Determine sources of financing for the production and economic activities of the organization (budget financing, short-term and long-term lending, issue and purchase of securities, leasing financing, borrowing and use of own funds);

In order to determine an external source of financing, organize the activities of financial department employees in the following areas: searching for sources, assessing the cost of sources, assessing financial risk, the ratio of own and attracted sources of financing;

Directly negotiate with commercial banks, other credit institutions and other external organizations;

Coordinate work on analyzing the financial and economic state of the organization (analysis of financial statements, horizontal and vertical analysis, trend analysis, calculation of financial ratios);

Ensure the development of the organization's accounting policy (definition of: methods for writing off raw materials and supplies into production; options for writing off low-value and wear-and-tear items; methods for assessing unfinished construction; the possibility of using accelerated depreciation; forms for planning new production facilities and sites; methods for accounting for finished products, etc.);

Manage the work to formulate the organization’s credit policy, including: conducting an analysis of the balance sheet structure; determining the level of the ratio of own and borrowed funds; making a decision to raise borrowed funds; determining the benefits of borrowing funds; study of credit institutions; analysis of contractual documentation; drawing up a plan for repayment of borrowed funds; calculation of interest rates for the loan period; determining the amount of interest on draft loan agreements; establishing sources of payment of the loan amount and interest; development of plans and schemes for loan repayment; etc.);

Manage the organization's assets (financing current production activities; investments directed by the organization to technical development (reconstruction, renewal and repair of equipment, production of new types of products, construction of buildings and structures, etc.); financial investments (purchase of securities, management of a securities portfolio , creation of subsidiaries, etc.); maneuvering of temporarily free funds; reorganization, liquidation, sale of individual objects of the organization’s property complex);

Organize work on the development of sections of the business plan (section of the main indicators of the financial and economic condition of the organization; section for assessing financial and production risks and methods of insuring them; section for forecasting profits and losses, forecasting the movement (flow) of cash, etc.);

Organize preparatory work for budget planning (preparing proposals for the formation of a system of functional budgets (loan repayment budget, tax budget); developing proposals for drawing up a consolidated budget, determining the budget structure, determining responsibility for budget execution, establishing a procedure for coordination, approval and control of budget execution );

Organize and ensure control over: the execution of financial plans (including the profit plan) and budgets in order to identify deviations from planned values, develop measures to eliminate non-production costs and cost-increasing factors identified during the analysis, prompt adjustment of the budget and plan; for the cessation of production of products that are not marketable; for the correct expenditure of funds and the targeted use of own and borrowed working capital;

Organize work to conduct financial analysis according to the following indicators: receipt of funds to the organization’s account for shipped products (goods) and services provided (work performed); spending proceeds from sales in the main areas (purchase of raw materials, wages, fixed costs and other current needs of the enterprise); payment of interest on loans; payment of dividends; investment costs; the amount of available funds of the organization (or the amount of their deficit);

Determine the organization’s investment policy taking into account: the state of the product market, the volume of its sales; financial and economic situation of the organization; technical level of production; combinations of own and borrowed resources; financial conditions for investment in the capital market; benefits received by the investor from the state; commercial and budgetary efficiency of investment activities; conditions of insurance and obtaining guarantees against non-commercial risks;

Ensure timely receipt of income, execution of financial settlement and banking transactions within the established time limits, payment of bills of suppliers and contractors, repayment of loans, payment of interest, wages to workers and employees, transfer of payments to banking institutions;

Organize and control the development of the organization’s tax policy (formation of the tax base for all types of taxes and fees; selection of the form of tax accounting; determination of the composition of costs attributable to the cost of products (goods, works, services) for tax purposes; determination of mechanisms for the use of tax benefits, etc. d.);

Organize: development of a tax budget that allows you to determine the planned profit values; carrying out calculations of profits and income taxes;

Control the transfer of taxes and fees to the federal, regional and local budgets, to state extra-budgetary social funds in the manner prescribed by law;

Manage the development of financial accounting standards and the relationship with accounting (reporting forms not approved at the regulatory level; deadlines; information flow and document management systems, etc.);

Ensure the maintenance of records of the movement of financial resources and the preparation of reports on the results of financial activities in accordance with the standards of financial accounting and reporting, the reliability of financial information; control the correctness of the preparation and execution of reporting documentation;

Coordinate work on the preparation of explanatory notes (monthly, quarterly, annual) on financial accounting and reporting forms with calculated indicators, with a detailed analysis of deviations (from planned, industry average indicators, indicators of the previous year, competitor enterprises, etc.);

Bear responsibility for financial matters on an equal basis with the head of the organization and have the right of second signature.

5.1.2. Comply with the Internal Labor Regulations "___________" and other local regulations of the Employer.

5.1.3. Maintain labor discipline.

5.1.4. Comply with labor standards if they are established by the Employer.

5.1.5. Comply with labor protection and occupational safety requirements.

5.1.6. Treat the property of the Employer and other employees with care.

5.1.7. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.

5.1.8. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management.

5.1.9. Do not disclose information that constitutes a trade secret of the Employer. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets "_____________".

5.2. The employee has the right to:

5.2.1. Providing him with the work stipulated by this agreement.

5.2.2. Timely and in in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.

5.2.4. Compulsory social insurance in cases provided for by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulations, local regulations, and the terms of this agreement.

6.1.2. Provide the Employee with work stipulated by this agreement.

6.1.3. Provide the Employee with equipment, documentation and other means necessary to perform his job duties.

6.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the Employee’s everyday needs related to the performance of his job duties.

6.1.6. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious, effective work.

6.2.2. Require the Employee to fulfill job duties specified in the job description, to take care of the property of the Employer and other employees, and to comply with the internal labor regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

8. WARRANTY AND COMPENSATION

8.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation .

9.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of his compensation for damage caused by the Employee to other persons.

9.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

9.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

10. TERMINATION OF THE AGREEMENT

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. In all cases, the day of dismissal of the Employee is the last day of his work or the last day of his vacation.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and are not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

12. DETAILS OF THE PARTIES

Employer: _______________________________________________, address _________________________________________________________________, TIN _________________________, checkpoint ______________________________, settlement account ___________________________ in _______________________________, BIC ___________________________.

Employee: ___________________________________________________, identification document: series ______, number __________, issued by ___________________________________ "__"__________ _____, department code _________________, registered at the address: _________________________________________________________________.

13. SIGNATURES OF THE PARTIES

Employer: Employee:

______________/_______________ _____________________

EMPLOYMENT AGREEMENT with the executive director of a limited liability company (indefinite; without trial)

G. ____________

"___" _________ ___ G.

We refer to__ hereinafter as the Company, represented by ________________, acting___ on the basis of the Charter and minutes of the general meeting of participants (supervisory board, board of directors) of the Company from "___"___________ ___, on the one hand, and ________________, hereinafter referred to as___ Employee, on the other hand, jointly referred to as the “Parties”, have entered into this agreement as follows:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.2. The Company is the main place of work of the Employee. An employee may hold other paid positions in other organizations only with the permission of the general meeting of members of the Company.

1.3. The employee is obliged to start work with "___"_________ ___.

1.4. The Agreement comes into force from the moment it is signed by both parties or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his authorized representative and is valid for an indefinite period.

1.5. The Employee’s place of work is the Company’s office located at: ___________________________.

1.6. An employee does not have the right to be a member of the bodies performing the functions of supervision and control of the Company.

1.7. The Employee’s work under the contract is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.8. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.

1.9. The employee undertakes not to disclose secrets protected by law (official, commercial, other) and confidential information owned by the Company and its counterparties.

2. EMPLOYEE COMPETENCE

2.1. The Employee is entrusted with the current management of the Company’s activities; he resolves all issues, with the exception of issues falling within the exclusive competence of the general meeting of participants, the board of directors, and the sole executive body.

2.2. The employee ensures both the receipt of dividends by the participants and the possibility of sustainable development of the Company itself.

To achieve these goals, the Employee solves the following tasks:

Organizes the work of the Company and its compliance with the financial and economic plan;

Conscientiously, timely and effectively implements decisions of the Board of Directors of the Company, the general meeting of participants, and the sole executive body.

2.3. The employee acts on behalf of the Company under the power of attorney of the sole executive body.

2.4. Job responsibilities of the Employee:

Carrying out management of the daily financial and economic activities of the Company in accordance with the constituent documents;

Organization of work and effective interaction of all structural divisions of the Company, taking measures to improve the efficiency of the Company’s work;

Carrying out management of all functional divisions of the Company through the heads of these divisions subordinate to him;

Ensuring the implementation of orders and instructions from the Company’s senior management;

Ensuring the implementation and compliance with approved provisions, standards, instructions;

Ensuring the organization of work of all departments to implement approved plans;

Ensuring that records are kept of the implementation of planned tasks;

Ensuring compliance with deadlines for the provision of reporting and other documents;

Organization of administrative and economic activities based on widespread use latest technologies, progressive forms of management and labor organization, scientifically based standards of material, financial and labor costs;

Together with the manager, develops and implements, as well as improves the Company’s management methods;

Participation in the development of the Company's strategy;

Planning the Company's needs for resources and tools;

Control and improvement of business processes;

Budgeting for the entire Company;

Management of all operations of the Company from the point of view of financial control;

Conducting regular financial and economic analysis of the Company's activities. Informing senior management about the results of the analysis;

Development and construction of an organizational structure;

Planning the Company's personnel needs, making decisions on hiring and dismissing employees;

Taking measures to provide the Company with qualified personnel, rational use and development of their professional knowledge and experience, creation of safe working conditions for life and health, compliance with environmental protection legislation;

Ensuring compliance with labor and production discipline, promoting the development of labor motivation, initiative and activity of the Company’s personnel;

Control over the development and implementation of personnel incentive schemes depending on the Company’s priorities;

Ensuring the correct combination of economic and administrative management methods in discussing and resolving issues of material and moral incentives for increasing operational efficiency, applying the principle of material interest and responsibility of each employee for the work assigned to him and the results of the work of the entire team, paying wages on time;

Representation of the Company's interests in authorities state power and in interactions with partners;

Ensuring that the Company fulfills all obligations to the federal, regional and local budgets, state extra-budgetary social funds, suppliers, customers and creditors, including bank institutions, as well as economic and labor agreements (contracts) and business plans;

Protection of the Company's property interests in the courts, government and administrative bodies.

2.5. The executive director has the right:

Make proposals to senior management to improve the work of the Company;

Make decisions independently and organize their implementation by the Company’s employees within the scope of their competence;

Represent the interests of the Company in relations with individuals and legal entities, government and administrative bodies;

Act on behalf of the Company without a power of attorney;

Open current and other accounts in banking institutions;

Manage the funds and property of the Company in compliance with the requirements of the relevant regulations and the Charter of the Company;

Conclude employment agreements (contracts);

Issue powers of attorney for civil transactions, representation, etc.;

Demand that the management of the Company provide assistance in fulfilling its professional responsibilities and exercise of rights;

Resolve other issues of the current activities of the Company.

2.6. An employee has the right to entrust the resolution of certain issues within his competence to his deputies and department heads.

2.7. The employee bears personal responsibility for the state of affairs and activities of the Company.

2.8. Deputies (deputies) of the Employee are appointed by the Employee and head areas of work in accordance with the distribution of responsibilities approved by the Employee.

The Employee's deputies (deputies) act on the basis of a power of attorney issued by the sole executive body or, by way of delegation, by the Employee himself. In the absence of the Employee, as well as in other cases when the Employee cannot perform his duties, his functions are performed by a deputy.