You can conclude an employment contract for part-time work with any number of employers, unless another requirement is provided for by law. Part-time work is not permitted for persons under 18 years of age in difficult or dangerous working conditions, if the other main job also involves difficult working conditions. The law does not provide for a special established form of a part-time contract. The main requirement for such an agreement is that it must necessarily reflect that the work is performed part-time.
After hiring such an employee, he has the right, without a power of attorney from the founders of the Company, to sign employment contracts with other applicants. He can issue a power of attorney to transfer the authority to sign an agreement to another person. On behalf of the Company, the employment contract with the director is signed by the person who was the chairman at General meeting founders of the company, where a new director was appointed.
Who enters into a fixed-term employment contract with the director of an LLC? How can I change it, extend it, or terminate it? Sample agreement with deputy and part-time director
Article 40 of the Federal Law “On LLC” establishes that an agreement concluded with the head of an organization is valid for the period established by the organization’s Charter.
In most companies, this period is five years - according to the Labor Code of the Russian Federation, this is the maximum period for a fixed-term contract.
In general, the deputy is an ordinary employee. Unlike the manager, he does not have the right to act on behalf of the LLC on the basis of the Charter. In cases where he temporarily assumes the duties of a director (in case of a business trip, vacation, etc.), the deputy requires a power of attorney to exercise these powers.
: sample and drafting rules
Agreements signed in violation of these requirements will be invalid. Which will accordingly entail the termination of their action. The employer faces administrative liability for violating the requirements of labor legislation. The employee will feel the consequences of termination of the contract.
A prerequisite for signing an employment contract with a part-time employee is a preliminary check of the possibility of concluding such an agreement. Labor legislation provides for various cases of prohibitions and restrictions on part-time employment. So, in particular, special rules caused by concern for the health of employees and the prevention of conflicts of interest when holding multiple positions are provided for the following categories of citizens:
Employment contract with part-time general director
The general director of an organization can be either its employee or a person hired from outside - this circumstance is indicated by Article 60.1 of the Labor Code of the Russian Federation. In practice, the part-time general director is most often the chief accountant of the organization or another specialist. As for external part-time work, a similar situation usually arises within a single holding company or financial and industrial group, when the same person can work in several companies.
Part 5 of Article 57 of the Labor Code of the Russian Federation allows for the possibility that there may be no indication of the rights and obligations of the parties in the employment contract. Accordingly, in such cases, when determining their volume, one should be guided by the requirements of the Labor Code of the Russian Federation and other regulations, including those adopted by the organization itself. Nevertheless, taking into account the specifics of the position of the general director, it is advisable to describe his rights and responsibilities in as much detail as possible. When preparing this clause, you can also be guided by the sample agreement presented in the following article.
Employment contract with a part-time director - sample
- comply with laws and other regulatory legal acts, local regulations, terms of the collective agreement, agreements and employment contracts;
- provide the employee with work stipulated by the employment contract;
- ensure labor safety and conditions that meet occupational safety and health requirements;
- provide the employee with equipment, tools, technical documentation and other means necessary for the performance of their job duties;
- provide employees with equal pay for work of equal value;
- promptly comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws and other regulatory legal acts containing labor law standards;
- provide for the employee’s everyday needs related to the performance of their job duties;
- carry out compulsory medical and social insurance of the employee in the manner established by federal laws;
- compensate for harm caused to an employee in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;
- not disclose information from the Employee’s personal file;
- perform other duties provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law standards, collective agreements, agreements and employment contracts.
7.3. In addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns in writing the specified person no less than days before the termination of the employment contract.
Part-time employment contract with the General Director
hereinafter referred to as the “Society”, represented by ________________________________, acting on the basis of ______________________________________________________, on the one hand, and __________________________, hereinafter referred to as “ CEO", on the other hand, in accordance with the Federal Law "On Companies with limited liability", other current Russian legislation and the Charter of the Company have concluded this employment agreement (hereinafter referred to as the Agreement) on the following:
Ensures the preparation and submits to the general meeting of founders and the Board of Directors of the Company an annual report, annual financial statements, including a profit and loss statement, as well as proposals for the distribution of profits; informs the general meeting of founders and the Board of Directors about the current production and economic activities of the Company;
Part-time employment contract
6.6. An employee working part-time is granted annual paid leave simultaneously with leave for his main job. If an employee has not worked for six months at a part-time job, then leave is provided in advance. If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay. wages appropriate duration.
- conclude, amend and terminate employment contracts in the manner and on the terms established by the Labor Code of the Russian Federation and other federal laws;
- reward the employee for conscientious, effective work;
- require employees to perform their job duties and careful attitude to the property of the employer and other employees, compliance with the internal labor regulations of the organization;
- involve the employee in disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;
- adopt local regulations;
- at its discretion, provide assistance to the Employee in improving his qualifications and professional skills at the expense of the Employer;
- exercise control over the proper performance by the Employee of his job responsibilities, as well as evaluate the results of the Employee’s activities (certification) in accordance with the regulatory documents of the Employer;
- if necessary, involve the Employee in overtime work, as well as work on weekends and holidays in compliance with the requirements of the legislation of the Russian Federation;
- with the consent of the Employee, entrust him with performing other labor duties that are not directly or indirectly related to the position he holds and are not provided for in the Agreement;
Employment contract with a part-time director: sample drafting
Both an employee of this company and a third party can be appointed as the General Director. If the part-time job is internal, then the chief accountant or another employee who has the ability to manage a team is most often invited to this position. At external part-time job the general director may be an employee of another branch of this company.
- fulfillment of duties assigned job description;
- compliance with labor discipline and rules established by the employer;
- Preparation necessary documentation, which proves the effective activities of the company;
- other duties prescribed by the contract.
Part-time employment contract
7.1. The grounds for termination of this employment contract (Article 77 of the Labor Code of the Russian Federation) are:
- agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
- expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination;
- termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation); The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. The specified period begins the next day after the employer receives the employee’s resignation letter.
- termination of an employment contract at the initiative of the employer (Article 71 and Article 81 of the Labor Code of the Russian Federation);
- transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
- the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);
- the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);
- refusal of an employee to transfer to another job, necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts Russian Federation, or the employer does not have the appropriate work (parts three and four of Article 73 of the Labor Code of the Russian Federation);
- the employee’s refusal to be transferred to work in another area together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);
- circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
- violation of the established Labor Code of the Russian Federation or other federal law rules for concluding an employment contract, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).
2.1. The employee undertakes:
- conscientiously fulfill his labor duties assigned to him by the employment contract and job description;
- comply with the internal labor regulations of the organization;
- observe labor discipline;
- comply with established labor standards;
- comply with labor protection and occupational safety requirements;
- comply with rules and regulations business ethics, existing in the Company;
- treat the property of the employer and other employees with care;
- 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;
- do not use in third party organizations materials that are intellectual property Employer (technologies, know-how, drawings, projects) produced by the employee during his work at the Employer Company, or provided to him in the process of performing his functional duties;
- not to engage in personal affairs and not to use computer and other technology and equipment, as well as e-mail resources for personal purposes; and also not to conduct long-distance and international negotiations of a personal nature;
- go on business trips to perform work duties under this Agreement outside the place of permanent work;
- immediately inform the Employer of any changes to your personal data, marital status, address, phone number, level of education;
- at the request of the Employer and his representatives, provide the required information about the progress of current affairs related to the Employee’s jurisdiction;
- improve your professional qualifications;
- not to disclose, without the consent of the immediate supervisor, scientific, technical and other commercial and confidential information obtained during work in accordance with the Regulations on non-disclosure of trade secrets;
- if the Employee is unable to fulfill his duties under this Agreement due to temporary disability, accident or other valid reason, he is obliged to notify his immediate supervisor and an employee of the Secretariat as soon as possible short term about the reason and possible duration of your absence. On the day of returning to work, the employee is obliged to provide the Employer with a medical certificate, a certificate of temporary incapacity for work or other supporting document explaining the reason for his absence for the entire period of absence;
How to conclude an employment contract with a director
When concluding a contract with a hired top manager, you must remember that he presents the same documents as the rest of the employees. His employment history is also kept by the employer, employment registration is carried out in the general manner provided for by Chapter 11 of the Labor Code of the Russian Federation.
Employment contract(Contract)
with the head of the enterprise, organization (chairman, general, executive director)
G._________ "___"_______20___
The SPK "_______" enterprise, represented by the authorized _____________________, acting on the basis of the minutes of the extraordinary general meeting ____________ No. dated ________ 20___, hereinafter referred to as the Employer, on the one hand, and full name _____________________, elected by the general meeting ______________, minutes No. __ from__________, hereinafter referred to as the Employee, on the other hand, have entered into this contract as follows:
Article 1.
1. This employment agreement (contract) regulates labor and other relations between the Employer and the Employee.
2. Work under this contract is the main place of work
Employee.
Article 2.
1. The Employer instructs the Employee to carry out management functions
enterprise on the right of economic management in compliance with the following
conditions: comply with the requirements of the Charter ___________, comply with the decisions of the general meeting, supervisory board, board.
2. The employee independently decides all operational issues
enterprises referred to its competence by this employment agreement (contract), the Charter, decisions of the general meeting, supervisory board, board and current legislation.
Article 3.
The employee has the right:
- act on behalf of the enterprise without a power of attorney;
- represent his interests in all domestic and foreign
enterprises, firms, organizations, etc.;
- dispose of the property and funds of the enterprise within the limits established by the charter;
- conclude contracts, incl. labor;
- issue powers of attorney;
- open current and other accounts in banks;
- issue orders and give instructions binding on all personnel
enterprises;
- determine the volume and composition of information constituting a trade secret
enterprise, as well as determine the procedure for its protection;
- exercise other powers provided for by the Charter.
Article 4.
The employee is obliged:
- manage the current activities of the enterprise;
- organize the work and effective interaction of production
units and structures of the enterprise;
- ensure the implementation of current and long-term plans of the enterprise;
- ensure the profitability of the enterprise;
- report to the general meeting within the time limits established by the Charter on
results of the enterprise's economic activities;
- ensure compliance with the law in the activities of the enterprise;
- maintain the commercial secrets of the enterprise;
- ensure timely payment of taxes in the manner and amount determined by current legislation;
- fulfill other duties assigned to him by the Charter of the organization or enterprise.
Article 5.
1. Non-fulfillment or improper fulfillment by the Employee of his
duties may serve as the basis for the general meeting to decide on the issue of early re-election and termination of the employment contract
(contract) at the initiative of the Employer.
2. In the event of material damage to the enterprise in
as a result of the Employee’s guilty behavior, he bears financial
liability in the amount of direct actual damage, but not more than:
- your average monthly earnings, if damage to the enterprise
caused by excessive cash payments, incorrect accounting and
storage of material or monetary values, failure to take necessary measures
to prevent downtime, production of substandard products,
theft, destruction, damage to material or monetary assets;
- three monthly salaries if damage to the enterprise is caused due to
with payment for the time of forced absence or for the time of execution
lower paid job an employee who was illegally dismissed or
transferred to another job at the initiative of the Employee, and also if
delayed the execution of the court decision to reinstate the employee to
work.
3. The employee bears financial responsibility in full
damage caused to the enterprise through his fault in cases expressly indicated
in the current labor legislation (or, list cases; ________, financial liability may be established for the manager by contract)
4. Damage that can be attributed to
categories of normal production and economic risk.
Article 6.
1. This contract is concluded for a period of 5 years from
_______ 20___ to ______20___
2. A new contract is concluded after the election of the chairman (director) for a new term.
Article 7.
Before the expiration of the term, the employment agreement (contract) can be terminated according to the following
reasons:
- by agreement of the parties;
- in case of call of the Employee to military service for a period not allowing to perform duties long time;
- in the event of the entry into force of a court verdict by which
The chairman is sentenced to a punishment that precludes the continuation of this work;
- if the Employee is elected to another elective position and is unable to perform previous duties;
- at the initiative of the Employee;
- at the initiative of the Employer.
Article 8.
At the Employee’s initiative, the contract may be terminated in the following cases:
- illness or disability that prevents you from performing work
contract;
- violation by the Employer of the terms of the contract;
- for other reasons established by law.
Article 9.
At the initiative of the Employer, the contract may be terminated in the following cases:
- liquidation, reorganization or repurposing of an enterprise;
- discovered inconsistency of the Employee with the position held when
absence of culpable actions on his part;
- a single gross violation by the Employee of his duties,
established by this contract;
- according to others good reasons.
Article 10.
Upon termination of the contract on the grounds specified in clause 2
Article 9 The employee is paid severance pay in the amount of six months' average salary.
Article 11.
Upon termination or rescission of the contract, all payments between
parties must be made on the day of dismissal.
Article 12.
1. The Employer pays the Employee
official salary in the amount of ___________ rubles per month
- allowance for special working conditions in the amount of ___________ rubles monthly;
- bonus in the amount of ____________ rubles monthly (quarterly);
- remuneration based on annual performance in the amount of ___% of profit.
3. By agreement of the parties, the size and system of remuneration may be
revised.
4. From the amount of wages and from others established by law,
income The employee pays taxes in the amount and manner prescribed
current legislation.
Article 13.
1. For the Employee to fulfill his duties, he
Irregular working hours are established.
Article 14.
The employee is given 40 hours work week With
days off - Saturday, Sunday.
Article 15.
1. On holidays established by the current labor
legislation, work, as a rule, is not performed.
2. The Employee may go to work on holidays only by
agreements between the parties.
Article 16.
1. The employee is granted annual basic leave
duration _____ calendar days and additional for irregular working hours _____ calendar days.
2. Leave can be granted at any time during working hours
years by agreement of the parties.
3. By agreement between the Employer and the Employee, he may be sent on leave without pay, if this does not affect the normal operation of the enterprise.
Article 17.
1. The Employee is fully covered by benefits and guarantees,
established for employees of this enterprise current
legislation, industry regulations, collective
agreement and other regulatory acts of the enterprise.
2. The employee is subject to all types of state social
insurance for the period of validity of the contract.
Article 18.
The Employer undertakes to ensure the normal work of the Employee
provide him with a work office, telephone, office equipment, and vehicles.
Article 19.
To perform his duties, the Employee may travel to
business trips with payment in accordance with the current
legislation and agreement with the Employer.
Article 20.
A work book is maintained for the Employee in accordance with the current
legislation.
Article 21.
Damage caused to the Employee by injury or other damage
health related to the performance of his work duties,
subject to compensation in accordance with the law.
Article 22.
1. If a dispute arises between the parties, it is subject to
settlement through direct negotiations between the Employee and
Employer.
2. If the dispute between the parties is not resolved, then it is subject to
permission in court or otherwise if there are grounds for this in
law
Article 23.
1. The terms of the contract can only be changed by mutual
agreement of the parties.
2. All issues not regulated by this contract are subject to
permission in accordance with current legislation.
Article 24.
This contract is drawn up in two copies: the first copy
is with the Employer, the second copy is with the Employee.
Employer: Chairman:
Details: Details:
__________________ ________________
signature signature
One of the standard personnel documents is an employment contract with the executive director. It is concluded even by those who wish to take the position of manager of an enterprise. This is exactly the same employee as other employees, only the nature of his relationship with the company is different.
He is not only a manager, he is responsible financially and legal side. Therefore, signing an employment contract with the executive director should be taken very seriously.
Rules for concluding an employment contract with an acting director
An employment contract for an executive director must be concluded in the same way as for any other position. First you need to go through the introductory stage. During this period, the employer must familiarize the employee with his responsibilities, as well as internal rules.
All these points must be documented.
The second stage is drawing up and signing an employment contract. An applicant for a position must carefully study every detail before agreeing to certain conditions. But only final stage- this is the beginning labor relations. During this period, all terms of the contract come into force.
Some nuances of the employment contract of the executive director of the LLC
The nuances include the fact that for employment you will need to present a list of documents such as:
- passport or any other identity document;
- employment history;
- insurance certificate;
- military ID;
- diploma of education.
After the manager has familiarized himself with the presented documents, a copy will be made of them if necessary. After this, all papers will be returned to the owner.
Employment contract with an acting employee: types
IN legislative framework There are several types of employment contracts:
- unlimited;
- labor contract, which is concluded for a certain period of time;
- a document concluded only for the period of performance of certain tasks;
- Contract.
In addition, there are two forms of concluding contracts: oral and written.
Job responsibilities assigned to the executive director
A director is the head of a small company or a huge organization. Overall this is individual, which is entrusted with the functions executive body company, regardless of its size. In documents, this position is not always called “director”; sometimes it is replaced by “president”, “head” or “general director”.
Important! The main point is that the name in all documents is the same. One company may employ several managers who perform different duties.
The main responsibilities that this specialist must perform include:
- registration of contracts with clients;
- representing the interests of the enterprise when communicating with government agencies;
- he can reward employees financially;
- has the right to make discipline adjustments.
Contents of the employment contract with the executive director: sample
The document, as well as the job description, must indicate the knowledge and skills that an employee applying for a certain position must have.
The employment contract with the executive director must be drawn up in several copies and contain the following information:
- subject of the contract;
- data of the parties;
- information about how long the contract will be valid. It can be urgent or indefinite;
- information about the probationary period;
- date of assumption of duties;
- rights and obligations of each party;
- information about incentives;
- information about compensation;
- the conditions under which termination of the contract may be considered;
- signatures of the parties.
This type of document may also indicate additional annexes: work schedule, instructions. If changes are made to the document, they must be recorded using additional paper.
EMPLOYMENT CONTRACT
with the executive director
(indefinite; no trial)
G. __________________ "___"__________ ____ g.
Referred to as__ hereinafter (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. THE 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 heavy work or 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 request of the Employee overtime work Instead of increased pay, it may be compensated by providing additional rest time, but not less than the time worked overtime.
3.5. Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per 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 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 salary is paid in cash Money at the Employer’s cash desk (by transfer 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. until ___ o'clock, which is at work time does not turn on.
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. By family circumstances and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established 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 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 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 construction in progress; the possibility of using accelerated depreciation; planning forms for new production facilities and sites; accounting methods 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 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 subsidiaries, etc.); maneuvering temporarily free funds; reorganization, liquidation, sale of individual objects of the organization’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 developing 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 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 the correct expenditure of funds and the 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 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; dividend payment; investment costs; the amount of available funds of the organization (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 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; 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;
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 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 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 full payment of wages in accordance with your 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 prescribed 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 binding legal force for 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:
______________/_______________ _____________________
The document form “Employment contract with the director” belongs to the heading “Employment agreement, employment contract”. Save the link to the document in in social networks or download it to your computer.
EMPLOYMENT CONTRACT
with the director
_____________ "____" ____________
Limited Liability Company "_____________" (OGRN ___________, INN/KPP _________________, hereinafter referred to as the "Company", represented by the Founder - citizen of the Russian Federation - _________________, on the one hand, and _____________________, hereinafter referred to as the "Employee", on the other hand , have entered into this agreement as follows (hereinafter referred to as the Agreement):
1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. The employee is appointed to the position of the sole executive body of the Company - Director of the Company on the basis of the Decision of the sole participant of the Limited Liability Company "_____________________" No. __ dated ____________.
1.2. The work under this agreement is not the main / not the main one for the Employee (underline as appropriate).
1.3. The employee is established probation- 3 months.
1.4. The employee is obliged to start work from “___” _____________-- g.
1.5. This employment contract comes into force from the moment it is signed by both parties.
1.6. The employment contract is fixed-term and is concluded for a period of 5 (Five) years.
2. OBLIGATIONS OF THE PARTIES
2.1. The Company entrusts, and the Employee assumes, management of the current activities of the Company for the period of validity of this agreement.
2.2. The employee independently resolves all issues of the Company’s activities that fall within his competence by this agreement, the Company’s constituent documents, job descriptions, decisions of the Company’s management bodies, as well as the current legislation of the Russian Federation.
2.3. The employee is accountable to the highest management body of the Company - the only Member of the Company. In the event of an increase in the number of participants, the Employee is accountable to the General Meeting of the Founders of the company. In the cases provided for in clause 8.1 of this Agreement, as well as the current legislation of the Russian Federation, the Employee may be dismissed from his position by decision of the highest body of the Company.
2.4. The employee is required to perform the following job duties:
- manage, in accordance with the current legislation of the Russian Federation, the production, economic and financial-economic activities of the Company, bearing full responsibility for the consequences of decisions made, safety and efficient use the Company's property, as well as the financial and economic results of its activities;
- organize the work and effective interaction of all structural divisions, workshops and production units, direct their activities to the development and improvement of production, taking into account social and market priorities, increasing the efficiency of the Company, increasing sales volumes and increasing profits, quality and competitiveness of manufactured products, their compliance with international standards in order to conquer the domestic and foreign markets and meet the needs of the population in relevant types of domestic products;
- ensure that the Company fulfills all obligations to the federal, regional and local budgets, state off-budget funds, suppliers, customers and creditors, including banking institutions, as well as economic and labor contracts and business plans;
- organize production and economic activities based on the widespread use of the latest equipment and technology, progressive forms of management and labor organization, scientifically based standards of material, financial and labor costs, studying market conditions and best practices (domestic and foreign) in order to fully improve the technical level and quality of products (services), economic efficiency of their production, rational use of production reserves and economical use of all types of resources;
- take measures to provide the Company with qualified personnel, rational use and development of their professional knowledge and experience, creation of safe and favorable working conditions for life and health, compliance with environmental protection legislation;
- ensure the correct combination of economic and administrative methods of management, unity of command and collegiality in the discussion and resolution of issues, material and moral incentives for increasing production efficiency, application of 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, payment of wages as established deadlines;
- together with labor collective and the trade union organization to ensure based on the principles social partnership development, conclusion and implementation of a collective agreement, compliance with labor and production discipline;
- resolve issues related to the financial, economic and production activities of the Company, within the limits of the rights granted to it by law, entrust the management of certain areas of activity to other officials - deputy directors, heads of production units and branches of the Company, as well as functional and production divisions;
- ensure compliance with the law in the activities of the Company and the implementation of its economic relations, the use of legal means for financial management and functioning in market conditions, strengthening contractual and financial discipline, regulating social and labor relations, ensuring the investment attractiveness of the Company in order to maintain and expand the scale of entrepreneurial activity. Perform all necessary actions to protect the property interests of the Company in court, arbitration, and government bodies.
2.5. The employee has the right:
- act on behalf of the Company without a power of attorney;
- represent the interests of the Company in all domestic and foreign organizations;
- dispose of the property and funds of the Company within the limits established by the constituent documents of the Company and the current legislation of the Russian Federation;
- approve rules, procedures and other internal documents of the Company, determine organizational structure of the Company, with the exception of documents approved by the General Meeting of the Company;
- issue orders and give instructions that are binding on all employees of the Company;
- approve staffing table Companies, branches and representative offices;
- hire and dismiss employees, including appoint and dismiss their deputies, chief accountant, heads of departments, branches and representative offices;
- encourage the Company’s employees, as well as impose penalties on them;
- open settlement, currency and other accounts of the Company in banks, enter into agreements and make other transactions;
- approve contract prices for products and tariffs for services;
- organize accounting and reporting;
- submit the annual report and balance sheet of the Company for approval by the management bodies;
- organize the preparation and holding of General Meetings of the Company;
- chair the meetings of the executive body of the Company;
- sign outgoing and payment documents;
- exercise other powers within its competence.
2.6. The employee is also obliged:
- comply with the terms of this agreement, provisions constituent documents Society, as well as the current legislation of the Russian Federation;
- ensure compliance with the Company’s economic activity indicators;
- carry out day-to-day management of the Company’s activities;
- control the work and ensure effective interaction of departments and other services of the Company;
- insure property;
- take measures to eliminate the causes and conditions that may lead to a conflict situation in the team;
- organize compliance with labor discipline and safety regulations;
- properly organize the work of employees;
- create conditions for increased labor productivity;
- improve working and living conditions of workers;
- provide reports on its activities at the request of the executive body, as well as submit an annual report on its activities at each annual General Meeting of the Company;
- observe the Company’s commercial secrets and take measures to ensure its protection, in connection with which he is obliged not to give interviews, not to hold meetings and negotiations related to the activities of the Company, without the permission of its management;
- ensure timely payment of taxes in the manner and amount determined by the legislation of the Russian Federation;
- organize the keeping of minutes of meetings of the executive body of the Company and unimpeded access to them for members of the Society;
- Perform other duties within their competence.
2.7. The employee is obliged to comply with the internal labor regulations established by the Company, production and financial discipline, and conscientiously perform his job duties specified in clause 2.4 of this employment contract.
2.8. The Company undertakes:
2.8.1. Provide the Employee with work in accordance with the terms of this employment contract. The Company has the right to require the Employee to perform duties (work) not stipulated by this employment contract only in cases provided for by the labor legislation of the Russian Federation.
2.8.2. Ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.
2.8.3. Pay bonuses and remunerations in the manner and on the terms established by the Company, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the work of the Company in the manner established by the Regulations on remuneration in the Company and other local acts of the Company.
2.8.4. Carry out compulsory social insurance for the Employee in accordance with the current legislation of the Russian Federation.
2.8.5. Pay, in case of operational necessity, for the purpose of improving the Employee’s qualifications for his training.
2.8.6. Familiarize the Employee with labor protection requirements and internal labor regulations.
2.9. The company has the right:
2.9.1. Terminate the contract with the Employee in the manner and under the conditions established by the current legislation of the Russian Federation.
2.9.2. Encourage the Employee for conscientious and effective work.
2.9.3. Demand that the Employee fulfill his job duties and take care of the property of the Company and other employees, and comply with the Company’s internal labor regulations.
2.9.4. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.
2.9.5. Adopt local regulations.
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 Employee's wages are paid by issuing cash at the Company's cash desk or by transferring to the Employee's bank account.
3.3. 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. The employee is granted annual paid leave of 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.
4.3. For family reasons and other valid reasons, the Employee, based on 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. EMPLOYEE SOCIAL INSURANCE
5.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.
6. WARRANTY AND COMPENSATION
6.1. 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 regulations of the Company and this Agreement.
7. RESPONSIBILITY OF THE PARTIES
7.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Company’s internal labor regulations, other local regulations of the Company, as well as causing material damage to the Company, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.
7.2. The Company bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.
7.3. In cases provided for by law, the Company is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Company.
8. TERMINATION OF THE AGREEMENT
8.1. This employment contract may be terminated by decision of the highest body of the Company, as well as on the grounds provided for by the current labor legislation of the Russian Federation.
8.2. The day of termination of the employment contract in all cases is the last day of work of the Employee, with the exception of cases where the Employee did not actually work, but retained his place of work (position).
9. FINAL PROVISIONS
9.1. The terms of this employment contract are confidential and are not subject to disclosure.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. 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.