Employment contract with the head of the enterprise. Employment contract with the head of the organization: features of the conclusion and sample. Employment contract of financial director

Place and date of conclusion

Hereinafter referred to as the Company, represented by the founder of the Company _____________________, acting on the basis of Minutes No. 1 of the general meeting of the founders of the Company dated _________, on the one hand, and
_________________, hereinafter referred to as the Head, acting as individual, on the other hand, collectively referred to as the Parties, and individually - the Party, have concluded this employment contract (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

1.1. The head is appointed to the position of __________ of the Company on the basis of Minutes No. 1 of the general meeting of the founders of the Company dated _________.
1.2. In accordance with the terms of the Agreement, the Manager undertakes to manage the current activities of the Company within his competence, established by the Treaty, and the Company vests the Head with the authority to manage the current activities of the Company, with the exception of resolving issues related to the exclusive competence of the general meeting of the founders of the Company.
1.3. Work under the Contract is the main place of work and type of employment for the Head. extra work concurrently is not allowed.

2. Duration of the contract

2.1. The Agreement comes into force on the date of its signing and is valid until the day, month, year.

3. Functions and duties of the head

3.1. The main objectives of the Head's activity are:
3.1.1. maximum economic efficiency and profitability of the Company due to an increase in trade turnover, net profit, capital inflow, the volume of property owned by the company, securities, monetary assets, intellectual property, etc., as well as due to the constant reduction of debt burden, expenses, encumbrances, optimal tax policy and etc.;
3.1.2. ensure high competitiveness of the Company's products, works and services performed in the market;
3.1.3. the most complete and high-quality satisfaction of the needs of physical and legal entities in the Company's products, works and services performed;
3.1.4. creation of an effective workforce of the Company, as well as ensuring its best conditions employment, qualifications and career advancement.
3.2. The head, within the framework of the functions assigned to him, performs the following duties:
3.2.1. represents the interests of the Company both in the Russian Federation and abroad;
3.2.2. independently, within the limits of its competence or after approval by their management bodies of the Company in the manner prescribed by the Law, the Charter of the Company and internal documents of the Company, makes transactions on behalf of the Company;
3.2.3. manages the property of the Company to ensure its current activities within the limits established by this Charter;
3.2.4. issues powers of attorney for the right of representation on behalf of the Company, including powers of attorney with the right of substitution;
3.2.5. concludes labor contracts with the employees of the Company, issues orders on the appointment of employees, on their transfer and dismissal;
3.2.6. apply incentives and motivation measures (both monetary and non-monetary) to the Company's employees and impose disciplinary sanctions on them;
3.2.7. issues orders and gives instructions that are binding on all employees of the Company;
3.2.8. organizes the implementation of decisions of the General Meeting of Members of the Company;
3.2.9. opens bank accounts of the Company;
3.2.10. represents the interests of the Company in all judicial instances (courts of general jurisdiction, arbitration courts, arbitration courts) on the territory of the Russian Federation and abroad at all stages of the trial, including at the stage of enforcement proceedings;
3.2.11. resolve issues related to the preparation, convening and holding of the General Meeting of the Company's Members;
3.2.12. ensures the conformity of information about the members of the Company and their shares or parts of shares in authorized capital of the Company, about the shares or parts of the shares owned by the Company, the information contained in the unified state register legal entities, and notarized transactions for the transfer of shares in the authorized capital of the Company, which became known to the Company;
3.2.13. exercises other powers necessary to achieve the goals of the Company's activities and ensure its normal operation, in accordance with current legislation RF and this Charter, except for the powers assigned to other bodies of the Company.

4. Rights and obligations of the parties

4.1. The Society undertakes:
4.1.1. Without sufficient grounds not to interfere in the activities of the Head, carried out by him within his competence.
4.1.2. To provide the Manager with the conditions usually accepted in business practice for the performance of his official duties, provide the necessary means, materials and equipment necessary for him to properly fulfill the terms of the Agreement.
4.1.3. Properly, in accordance with the terms of the Agreement, make payment wages, rewards, provide social guarantees at the level determined by the Agreement.
4.1.4. To voluntarily compensate the Head of his expenses related to the exercise of his powers, as well as damage to the health and property of the Head caused by the Company.
4.2. The leader undertakes:
4.2.1. Manage the Company within its competence, in good faith and reasonably in order to derive profit from the Company economic activity.
4.2.2. Fulfill the provisions of the Company's charter, local regulations of the Company, documents, decisions and contracts.
4.2.3. Ensure the safety of the property of the Company.
4.2.4. Ensure proper accounting by the Company.
4.2.5. Ensure the storage of documents by the Company in accordance with the Charter of the Company and the law.
4.2.6. Provide safe and favorable working conditions for the Company's employees in accordance with the requirements of the legislation in the field of labor protection, labor legislation, local regulations of the Company.
4.2.7. Organize and ensure the work of the Society in the field of civil defense.
4.2.8. Organize and ensure the protection by the Society of classified information constituting a state secret.
4.2.9. Determine the list of information that is an official and / or commercial secret of the Company, and ensure the safety of this information.
4.2.10. Ensure the development and observance of the internal labor regulations by the Company's employees.
4.2.11. Submit the necessary information to the Company's bodies, ensure the possibility of carrying out activities by the said bodies of the Company.
4.2.12. Carry out other actions within its competence, provided for by law, the charter and local regulations Society.
4.3. The company has the right:
4.3.1. To exercise control over the proper fulfillment by the Head of the requirements of the legislation, the Charter of the Company, local regulations of the Company.
4.3.2. Encourage the Manager for conscientious and efficient work.
4.3.3. Bring the Head to responsibility in the manner prescribed by law.
4.3.4. To give to the Head instructions, obligatory for execution, on directions (change of directions) of financial and economic activity of the Company.
4.3.5. Demand from the Manager conscientious and proper performance of obligations under the Agreement.
4.4. The leader has the right:
4.4.1. Act without a power of attorney on behalf of the Company, represent its interests before all third parties, incl. public authorities and administration, municipal authorities, judicial and law enforcement agencies, the Company, entrepreneurs and individuals.
4.4.2. Conclude on behalf of the Company any economic contracts (agreements), sign promissory notes and other obligations of the Company within its competence.
4.4.3. Dispose of the Company's property within its competence.
4.4.4. To hire and dismiss employees of the Company, to take incentive measures for them and impose penalties on them on behalf of the Company.
4.4.5. Issue orders (instructions), give oral and written instructions obligatory for execution by the employees of the Company.
4.4.6. Issue powers of attorney on behalf of the Company, transfer their powers to other employees of the Company.
4.4.7. Carry out other actions and have other rights necessary to fulfill their duties as the head of the Company in accordance with the Charter of the Company and the law.

5. Remuneration of the head

5.1. The head is set official salary in the amount of ___________________________ (the amount of the official salary in words) RUB. The salary is paid to the Manager on a monthly basis. The official salary is subject to indexation in the manner prescribed by the Company.
5.2. The manager is paid an additional remuneration _______________ (name of the additional remuneration and its amount) (Name of the additional remuneration and its amount in words) rubles, paid in the manner established by the Company.
5.3. Annually, based on the results of the Company's business activities, if it achieves a positive financial result activities The Manager is paid a one-time remuneration in the amount of ______________________ (Amount of the annual lump-sum remuneration in words) RUB.
5.4. The Company has the right to pay other types of remuneration to the Head according to the decision of the General Meeting of the Company.

6. Reimbursement

6.1. All expenses incurred by the Head in connection with the management of the Company, incl. representative expenses are subject to full unconditional immediate reimbursement by the Company.
6.2. The attribution of expenses to the expenses specified in clause 6.1 of the Agreement is carried out by the Head himself.

7. Indemnification

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

8. Working conditions and rest of the head

8.1. The mode of working time of the Head is determined by expediency for the Company and has the nature of an irregular working day.
8.2. The time of the beginning and end of the working day, as well as breaks for rest and meals, is determined by the Head independently, based on the interests of the Company.
8.3. The Company provides the Manager with the usual working conditions in business practice for the performance of his official duties.
8.4. The Company provides the Manager with mobile telephone communications at the expense of the Company without imposing restrictions on its use.
8.5. The Company provides the Manager with a company car of the class usually accepted in business practice, with a driver working in conditions of irregular working hours.
8.6. The head is entitled to an annual paid leave of 28 calendar days.
8.7. The time of granting leave is determined by the Head independently, based on the interests of the Company.
8.8. By agreement with the General Meeting of the Company, the Head may be granted leave without pay, provided that the provision of such leave will not adversely affect the performance of the Company.

9. Social guarantees

9.1. During the term of the Agreement, the Company pays for the treatment of the Head. The choice of the type, method and place of treatment is determined by the Head on the basis of medical indications.
9.2. In case of dismissal of the Head from office at the initiative of the Company, he is paid a one-time allowance in the amount of ________________________ (Amount of the lump-sum allowance in case of dismissal in words) rub.

10. Liability of the parties

10.1. In case of non-performance or improper performance of obligations under the Agreement, the Parties shall be liable in accordance with the Agreement and the law.
10.2. Damage caused to a Party shall be reimbursed by the other Party in full, unless otherwise provided by law or the Agreement.
10.3. The head is liable to the Company for direct damage caused to the Company by his guilty actions (inaction), incl. for disclosure of official (commercial) secrets, unless other grounds and amount of liability are established by law.
10.4. When determining the grounds and degree of responsibility of the Manager, the usual conditions of business transactions and other circumstances relevant to the case are taken into account.
10.5. The liability of the Manager for losses incurred by the Company as a result of normal economic risk and/or force majeure circumstances is excluded.
10.6. The Company is liable to the Head for non-fulfillment/improper fulfillment of its obligations under the Agreement in the manner prescribed by law.
10.7. The obligation to prove the guilt of a Party lies with the other Party.

11. Grounds for termination of the contract

11.1. The Agreement may be terminated upon expiration of the Agreement, by agreement of the Parties, at the initiative of the Head, at the initiative of the Company, due to circumstances beyond the control of the Parties, due to violation of the rules for concluding the Agreement, if this violation excludes the possibility of continuing work.
11.2. Termination of the Agreement for any of the reasons specified in clause 11.1 of the Agreement is formalized by the decision of the general meeting of the Company or a person authorized by the Company.
11.3. At the initiative of the Company, the Agreement may be terminated ahead of schedule in the following cases:

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

11.4. If the termination of the Agreement is made on the grounds established in clause 11.3 of the Agreement, the following reason for dismissal is indicated in the Manager: "On the initiative of the employer."
11.5. If the termination of the Agreement is made on the grounds provided for in the Agreement, but not established by law, in work book The head as the basis for dismissal is indicated "Agreement of the parties".
11.6. The contract is subject to termination upon the entry into force of a court verdict, by which the Head is sentenced to a punishment that excludes the possibility of continuing the previous work.
11.7. It is not allowed to terminate the Agreement on the initiative of the Company during the period of temporary incapacity for work of the Head and during his stay in annual leave, except for the case of complete liquidation of the Company.
11.8. Upon termination of the Agreement at the initiative of the Head, the Head is obliged to notify the Company in writing of the forthcoming termination of the Agreement at least 30 calendar days in advance.
11.9. Upon termination of the Agreement at the initiative of the Head, the following grounds for dismissal are indicated in the work book of the Head: "On the initiative of the employee."
11.10. At the initiative of the Head, the Agreement may be terminated ahead of schedule in the event of:

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

12. Final provisions

12.1. The Agreement is drawn up in 2 (two) original copies in Russian, one for each of the Parties.
12.2. The text of the Agreement contains confidential information and is not subject to disclosure to third parties, except as otherwise established by law or by agreement of the Parties.
12.3. The terms of the Agreement may be changed by mutual agreement of the Parties, with the exception of cases provided for labor law. Any changes in the terms of the Agreement are made in the form of a signed by the Parties additional agreement which is an integral part of the Agreement.
12.4. All disputes from the Agreement are resolved in accordance with the law.

13. Details of the parties and signatures

Read about the nuances of drawing up employment contracts with other employees in our article:

Labor contract(Contract)
with the head of the enterprise, organization (chairman, general, executive director)

G._________ "___" _______20___

Enterprise SEC "_______", 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 ______________, protocol No. __ dated __________ , hereinafter referred to as the Employee, on the other hand, have entered into this contract as follows:

Article 1
1. This employment contract (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 the management function
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 issues of activity
enterprises referred to its competence by this labor agreement (contract), the Charter by the decisions of the general meeting, the supervisory board, the board and the 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 settlement 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:
- to 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 future 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 economic activity of the enterprise;
- ensure compliance with the law in the activities of the enterprise;
- observe the commercial secret of the enterprise;
- to ensure the timely payment of taxes in the manner and amount determined by the current legislation;
- perform other duties assigned to him by the Charter of the organization, enterprise.

Article 5
1. Failure to perform or improper performance by the Employee of his
duties may serve as a basis for the decision by the general meeting of the issue of his early re-election and termination of the employment contract
(contract) at the initiative of the Employer.
2. In case of damage to the enterprise material damage in
as a result of the guilty behavior of the Employee, he bears material
liability in the amount of direct actual damage, but not more than:
- their average monthly earnings, if the damage to the enterprise
caused by excessive cash payments, incorrect accounting and
storage of material or monetary values, failure to take the necessary measures
to prevent downtime, the release of low-quality products,
theft, destruction, damage to material or monetary values;
- three monthly earnings, if the damage to the enterprise is caused in connection with
pay-per-time forced absenteeism or during execution
lower-paid work to an employee who has been illegally fired or
transferred to another job at the initiative of the Employee, and also if
delayed the execution of a court decision on the reinstatement of an employee on
work.
3. The employee is liable in full
damage caused through his fault to the enterprise in cases expressly indicated
in the current labor legislation (or, list the cases; ________, for the manager, material liability may be established by the contract)
4. Damage that can be attributed to
category 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 contract (contract) may be terminated for the following reasons:
grounds:
- by agreement of the parties;
- in case of conscription of the Employee for military service for a period not allowing to perform duties for a long time;
- in the event of the entry into force of a court verdict, which
The chairman is sentenced to a punishment that precludes the continuation of this work;
- in case of election of the Employee to another elective position and inability to perform previous duties;
- at the initiative of the Employee;
- at the initiative of the Employer.

Article 8
At the initiative of the Employee, the contract may be terminated in the following cases:
- illness or disability that prevents the performance of work on
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 re-profiling of the enterprise;
- discovered inconsistency of the Employee with the position held when
the absence of guilty actions on his part;
- a single gross violation by the Employee of his duties,
established by this contract;
- for other good reasons.

Article 10
Upon termination of the contract on the grounds specified in paragraph 2
Article 9 The employee is paid a severance pay in the amount of six months average wages.

Article 11
Upon termination or termination of the contract, all settlements 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 conditions labor in the amount of ___________ rubles monthly;
- bonus in the amount of ____________ rubles monthly (quarterly);
- remuneration based on the results of work for the year in the amount of ___% of the profit.
3. By agreement of the parties, the amount 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 in the manner prescribed by
current legislation.

Article 13
1. In order for the Employee to perform his duties, he
set irregular working hours.

Article 14
The employee is assigned a 40 hour work week.
days off - Saturday, Sunday.

Article 15
1. In holidays established by the current labor
legislation, work, as a rule, is not performed.
2. The Employee can go to work on holidays only by
agreements between the parties.

Article 16
1. The employee is granted annual basic leave
duration of _____ calendar days and an additional _____ calendar days for irregular working hours.
2. Leave may be granted at any time during the working
years by agreement of the parties.
3. By agreement between the Employer and the Employee, he can 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 this enterprise current
legislation, industry regulations, collective
contract and other normative acts of the enterprise.
2. The employee is subject to all types of state social
insurance for the duration of the contract.

Article 18
The Employer undertakes to ensure the normal work of the Employee
provide him with an office, telephone, office equipment, 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 their job duties,
refundable in accordance with the law.

Article 22
1. If a dispute arises between the parties, it shall be subject to
settlement through direct negotiations between the Employee and
Employer.
2. If the dispute between the parties is not settled, then it is subject to
permission in a judicial or other manner, 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 applicable law.

Article 24
This contract is made in two copies: the first copy
is with the Employer, the second copy is with the Employee.

Employer: Chairman:

Details: Details:
__________________ ________________

signature signature

Evgeny Malyar

# Business documentation

Sample Documents

Free samples in doc format, legal regulations, examples. All about employment contracts with heads of various enterprises.

Article navigation

• Employment contract with the general director of LLC
• When a contract is not needed
• If the director is one of the founders
• If a hiring manager is appointed
• Employment contract with the deputy director
• Labor contract financial director
• Employment agreement with the development director
• Employment contract with warehouse manager
• Employment contract of commercial director
• Agreement with the pharmacy manager
• Agreement with the manager of the HOA
• Employment contract with the head of the legal department
• Employment contract with director charitable foundation
• Agreement with the construction director
• conclusions

All employment contracts are very similar to each other. They indicate almost the same paragraphs, which list the rights and obligations, details of the parties, dates of conclusion and other information that gives the text the properties of an official document.

However, there is a special case when the head of the enterprise is appointed. If it is state-owned, then everything is clear: the issue is decided by a higher authority. What if Gen. the owner of the organization becomes a director? Does he have to make a deal with himself? Features of registration of employment of representatives of top management will be discussed in this article.

You can draw up a correct employment contract, taking into account all the nuances of your company, using the Document Manager service. The online constructor, the assistance of a consultant and a lawyer guarantee the legal integrity of any contract. Details here.

Employment contract with the general director of LLC

In practice, such an extraordinary event as the appointment CEO may accompany various circumstances. It makes sense to consider the most common scenarios for the development of events in detail, highlighting the design features.

When a contract is not needed

The situation in which the sole proprietor of the company prints out an order on his own appointment as a director and signs an agreement with himself as with the head of an LLC really seems very strange. Legally, such a document can be recognized as null and void, if only because the parties involved are the same person.

In this case, the contract is not needed, which is confirmed by Article 273 Labor Code RF. A protocol drawn up by a single participant is quite sufficient. joint-stock company. There is no mandatory form to use, but the following items must be present in the document:

1. In an arbitrary form, the will of the owner of the enterprise is expressed personally to fulfill the duties of the general director.
2. The founder himself assumes the responsibility and rights of the general director with their detailed listing.
3. Based on the charter of the enterprise, the validity period of the document is indicated. If it is not present, the appointment is considered indefinite.
4. An additional (optional) clause specifies the procedure for replacing the head in case of his absence.

The protocol on appointing oneself to the position of general director is very similar in content to an employment contract, but its meaning is expressed by the word “decision”. The legal justification is the letter of the Federal Service for Labor and Employment No. 2262-6-1 dated December 28, 2006.

The order, however, is issued and brought to the attention of the team. This is necessary so that employees know who is in charge and on what basis.

An example of an order to appoint a sole founder as a general director:

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If the director is one of the founders

This situation happens often, and it is natural. The motivation of a co-owner is stronger than that of an employee. The decision looks almost the same as in the case of a sole proprietor, but the protocol is signed by a group of people. In addition, most often an employment contract is concluded.

If the meeting of founders decides to appoint one of them as a leader, then a specific clause on salary appears in the documents (employment contract, decision and protocol). An employment contract of the founder is not always needed. It happens that the owner, chosen by the head, is ready to work for the common good without additional remuneration, only for the dividends due to him. However, in fairness, any work should be paid, and if this is the case, then an employment contract should be concluded without fail. It specifies salary and bonus conditions.

The meeting of founders and the board of directors must approve the contract if the remuneration specified in it exceeds a quarter of the value of the company's assets.

According to Article 277 of the Labor Code, the material responsibility of the head comes in any case, even if nothing is said about it in the text of the contract.

If a hiring manager is appointed

Involvement of the project manager, director separate subdivision or any representative of the top management of the company is carried out according to the rules set forth in Article 11 of the Labor Code, applicable to all employees.

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Differences with ordinary workers, however, are:

1. The permissible duration of the probationary period is doubled, up to six months.
2. The term of the contract is determined by the charter of the enterprise.
3. A permit to work part-time is given by the owner (sole or collective).
4. The manager does not have the right to participate in the bodies that control his work.
5. The hired manager has full financial responsibility.
6. Termination of the employment contract occurs by decision of the owner, in case of bankruptcy of the enterprise and in cases provided for by Chapter 13 of the Labor Code of the Russian Federation (according to own will employee, by agreement of the parties, at the expiration of the term).

A top manager must give a month's notice of dismissal on his own initiative.

If the employer terminates the employment contract with the hired manager and does not make claims to him, the contract provides for the payment of monetary compensation in the minimum amount of three average monthly salaries.

If the hired general director needs an extract from the employment contract to provide to the bank or government bodies, then he draws it up personally, while bearing responsibility for the veracity of the information indicated in it.

The head of the enterprise acts on the basis of constituent documents in particular the statute. Decisions not provided for by them are taken by the meeting of founders.

Employment contract with the deputy director

With a direct assistant to the head (deputy general director), an employment contract is concluded without the participation of the founders, as with any employee. The manager himself signs the contract, but in most cases the candidacy is agreed with the owners of the enterprise and approved orally. An example of an employment contract can be downloaded from the link:

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Employment contract of financial director

The financial director is the same hired worker as any other. An employment contract with him is concluded according to the usual type sample. The peculiarity in this case is a rather lengthy description of the duties of the employee holding this post. This section most often lists in detail qualification requirements what the financial director should know and do, and what changes in the legislation he should follow.

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Employment agreement with the development director

The description of the duties of the development director or deputy general director for development (they call this position differently, sometimes adding the word “branches”) is also quite voluminous. Each company has its own requirements, and an example labor agreement or contracts can be viewed here:

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Employment contract with warehouse manager

The content of the contract with the warehouse manager is similar to labor agreements concluded with the store manager or technical director.

There are no clear differences, and the requirements for each enterprise may be different. common feature- liability, but it is usually drawn up in a separate contract.

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Employment contract of commercial director

With the head of sales, often referred to as commercial director, an ordinary employment contract is concluded, in which, in addition to specific clauses covering the internal hierarchy, there are usually no other features. A sample can be viewed here:

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Agreement with the pharmacy manager

Despite the high requirements for specialists managing pharmaceutical institutions, the employment contract for the head of a pharmacy contains only general provisions:

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Agreement with the manager of the HOA

In its form, an employment contract with the manager of a homeowners association is not much different from agreements with other managers.

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However, it should be remembered that integral parts of this document are the job description approved together with the charter and the power of attorney of the HOA, which gives basic rights and powers. A sample can be found here:

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Employment contract with the head of the legal department

The column “Rights and obligations of the employee” describes in detail what exactly the lawyer of the enterprise should do. In most cases, he made this list. Other differences from standard documents no.

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Employment contract with the director of a charitable foundation

This type of contract is concluded on behalf of a charitable foundation represented by board of trustees based on its statute.

The non-profit nature of the organization gives the document some specifics, consisting mainly of limited liability three monthly salaries.

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Agreement with the construction director

The position provides direct subordination and accountability to the General Director. The agreement takes into account the possibility overtime and specify the procedure for its payment. The list of duties is usually long and corresponds to the needs of the enterprise in the construction and renovation of premises. All other details are standard.

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conclusions

Employment contracts with the top managers of the enterprise (general directors) are concluded between hired managers and the owners of the company.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They can be conditions:

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

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

Sample employment contract with the general director of LLC

Labor contract

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Moscow, 03/26/2018

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

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

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

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

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

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

Employment contract for the director of LLC

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

These directors may be:

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

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

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

The form of the document "Employment contract with the director" refers to the heading "Employment contract, labor contract". Save a link to the document in in social networks or download it to your computer.

LABOR CONTRACT
with the director

_____________ "____" ____________
Society with limited liability"_____________" (OGRN ___________, TIN / KPP _________________, hereinafter referred to as the "Company", represented by the Founder - c. RF - _________________, on the one hand, and _____________________, hereinafter referred to as the "Employee", on the other hand, have concluded this agreement on the following (hereinafter referred to as the Agreement):

1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. The employee is appointed to the position of sole executive body of the Company - the 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 contract is not the main / not the main work for the Employee (underline as necessary).
1.3. The employee is set 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 instructs, and the Employee assumes the management of the current activities of the Company for the period of validity of this agreement.
2.2. The employee independently resolves all issues related to the activities of the Company, referred to his competence by this agreement, the constituent documents of the Company, job description, decisions of the management bodies of the Company, as well as the current legislation of the Russian Federation.
2.3. The employee is accountable to the supreme 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 Company's Founders. 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 supreme body Society.
2.4. The employee is required to perform the following duties:
- manage, in accordance with the current legislation of the Russian Federation, the production, economic and financial and economic activities of the Company, bearing full responsibility for the consequences of the decisions made, the safety and effective use property of the Company, as well as financial and economic results of its activities;
- organize the work and effective interaction of all structural divisions, workshops and production units, to direct their activities towards the development and improvement of production, taking into account social and market priorities, increasing the efficiency of the Company, increasing sales of products and increasing profits, quality and competitiveness of products, their compliance with international standards in order to win domestic and foreign market and meet the needs of the population in the relevant types of domestic products;
- ensure the fulfillment by the Company of all obligations to the federal, regional and local budgets, state non-budgetary funds, suppliers, customers and creditors, including bank institutions, as well as economic and labor contracts and business plans;
- organize production and economic activities based on the widespread use latest technology and technology, progressive forms of management and organization of labor, scientifically based standards of material, financial and labor costs, studying the market situation and best practices (domestic and foreign) in order to comprehensively improve the technical level and quality of products (services), the economic efficiency of its 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 the requirements of environmental protection legislation;
- ensure the correct combination of economic and administrative methods of leadership, unity of command and collegiality in discussing and resolving issues, material and moral incentives to improve production efficiency, the application of the principle of material interest and responsibility of each employee for the work entrusted to him and the results of the work of the entire team, payment of wages within the established terms;
- together with labor collective and the trade union organization to ensure, on the basis of the principles social partnership development, conclusion and implementation collective agreement, observance of labor and production discipline;
- resolve issues related to the financial, economic and production and economic activities of the Company, within the rights granted to it by law, entrust the conduct 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 and 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 investment attractiveness Society to maintain and scale up entrepreneurial activity. Perform all necessary actions to protect the property interests of the Company in court, arbitration, state authorities.
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 Society, determine organizational structure Society, with the exception of documents approved by the General Meeting of the Society;
- issue orders and give instructions that are binding on all employees of the Company;
- approve staffing Companies, branches and representative offices;
- hire and dismiss employees, including appointing and dismissing their deputies, the chief accountant, heads of departments, branches and representative offices;
- encourage employees of the Company, as well as impose penalties on them;
- open settlement, currency and other accounts of the Company in banks, conclude agreements and make other transactions;
- approve contract prices for products and tariffs for services;
- organize accounting and reporting;
- submit the Company's annual report and balance sheet for approval by the management bodies;
- organize the preparation and holding of the General Meetings of the Company;
- chair meetings of the Company's executive body;
- sign outgoing and payment documents;
- exercise other powers within its competence.
2.6. The employee is also required to:
- comply with the terms of this agreement, the provisions of the constituent documents of the Company, as well as the current legislation of the Russian Federation;
- ensure the fulfillment of indicators of the economic activity of the Company;
- 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 conflict situation in a collective;
- organize compliance with labor discipline, safety regulations;
- properly organize the work of employees;
- create conditions for the growth of labor productivity;
- improve working and living conditions of employees;
- 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 Society;
- respect the trade secret of the Company 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;
- timely ensure the 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 unhindered access to them by the members of the Company;
- perform other duties within its competence.
2.7. The employee is obliged to comply with the Internal Labor Regulations established in the Company, production and financial discipline, conscientiously treat the performance of his official duties specified in clause 2.4 of this Employment Contract.
2.8. The Society 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 (works) not stipulated by this employment contract, only in cases provided for by the labor legislation of the Russian Federation.
2.8.2. Provide safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.
2.8.3. Pay bonuses, remuneration in the manner and on the terms established by the Company, provide material assistance, taking into account the assessment of the personal labor participation of the Employee 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 of the Employee in accordance with the current legislation of the Russian Federation.
2.8.5. To pay, in case of production necessity, in order to improve the qualifications of the Employee, his training.
2.8.6. Familiarize the Employee with the requirements of labor protection and the Internal Labor Regulations.
2.9. The company has the right:
2.9.1. Terminate the contract with the Employee in the manner and on the terms established by the current legislation of the Russian Federation.
2.9.2. Encourage the Employee for conscientious and efficient work.
2.9.3. Require the Employee to fulfill his labor duties and respect the property of the Company and other employees, comply with the Internal Labor Regulations of the Company.
2.9.4. Bring the Employee to disciplinary and material liability in the manner prescribed by the current legislation of the Russian Federation.
2.9.5. Adopt local regulations.

3. CONDITIONS OF PAYMENT OF 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. Wages are paid to the Employee by issuing cash at the cash desk of the Company or by transferring them to the Employee's bank account.
3.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME
4.1. The employee is set a five-day work week with two days off - Saturday, Sunday.
4.2. The employee is granted annual paid leave of 28 calendar days. The right to use the leave 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, paid leave may be granted to the Employee even before the expiration of six months.
4.3. 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. SOCIAL INSURANCE OF THE EMPLOYEE
5.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

6. WARRANTY AND REFUND
6.1. For 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 Company and this Agreement.

7. RESPONSIBILITIES OF THE PARTIES
7.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Internal Labor Regulations of the Company, other local regulations of the Company, as well as causing material damage to the Company, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.
7.2. The Company bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
7.3. In the cases provided for by law, the Company is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Company.

8. TERMINATION
8.1. This employment contract may be terminated by decision of the supreme 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 the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.

9. FINAL PROVISIONS
9.1. The terms of this employment contract are confidential and 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 from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
9.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
9.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Company, and the other by the Employee.