Legal entities: municipal unitary enterprises. How are the duties of a director carried out?

Good afternoon! According to Art. 40 131-FZ dated 10/06/2003

7. Exercising their powers permanent deputy, member of an elected body of local self-government, elected official of local self-government not entitled:

2) engage entrepreneurial activity personally or through authorized persons, participate in the management commercial organization or in management non-profit organization (with the exception of participation in the management of the council of municipalities of the subject Russian Federation, other associations of municipalities, a political party, participation in a congress (conference) or general meeting different public organization, housing, housing construction, garage cooperatives, horticultural, horticultural, country consumer cooperatives, partnerships of real estate owners), except for cases provided for by federal laws, and cases if participation in the management of an organization is carried out in accordance with the legislation of the Russian Federation on behalf of a local government

3) engage in other paid activities, with the exception of teaching, research and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided international treaty Russian Federation or the legislation of the Russian Federation;
4) be a member of management bodies, trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

while, according to the same Art. 40

5. Elected officials of local self-government may exercise their powers on a permanent basis in accordance with this federal law and charter municipality.Deputies of the representative body of the municipality exercise their powers, as a rule, on a non-permanent basis.
Can work permanently no more than 10 percent of deputies from the established number of the representative body of the municipal formation, and if the number of representative body of the municipal formation is less than 10 people - 1 deputy.

those. these restrictions apply to deputies who receive remuneration for this activity (working on a permanent basis). In the described case, this condition is not present, as far as I understand.

Includes the following tasks in the plan of anti-terrorist measures: — availability and strict implementation by the Head of instructions in terms of ensuring life safety; - restriction of access of unauthorized persons to the basement and attic rooms, thermal and water metering units, energy supply points; - to strengthen supervision over life support facilities; - impose duties on the implementation of anti-terrorist measures on a specific official; — develop guidelines and memos for various categories of employees of the enterprise on actions in the event of emergency situations to check their readiness for action in conditions emergencies. 3.21.

Job Descriptions

Ensure the correct combination of economic and administrative methods of management, unity of command and collegiality in discussing and resolving issues of material and moral incentives to improve production efficiency, applying 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 wages within the stipulated time. 3.11. Together with labor collectives and trade union organizations to ensure, on the basis of the principles social partnership development, conclusion and implementation collective agreement, compliance with labor and production discipline, promote the development work motivation, initiatives and activity of workers and employees of the Enterprise. 3.12.

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The director must know:

• legislative and regulatory legal acts regulating the activities of the organization;
• tax, economic, civil, labor legislation;
• production capacities of the enterprise, production technology;
• the procedure for concluding and executing contracts;
• organizational structure of the enterprise;
• methods of managing and managing the organization;
• indicators that determine the position of the enterprise in the market;
• management of the economy and finances of the organization, labor resources;
• labor protection rules and regulations.

ІІ. Job Responsibilities director The director performs the following duties: 1. Establishes work, effective interaction of all divisions, production units.

So-z-give!

The current management of the activities of the MUP is carried out by its leaders, acting as the sole executive body. The head of the MUP takes an active part in its creation. It is with him that an act is signed - the transfer of municipal property to the economic management.

The activity of the head of the municipal unitary enterprise is regulated by the employment contract. This document is urgent and is usually concluded for up to 5 years. In an employment contract without fail the following positions are reflected: - the subject of the contract; - legal obligations; - a responsibility; - salary; — social guarantees; - the procedure for terminating the contract.
The central place in the employment contract belongs to the section "rights and obligations". The main rights of the head of the MUP include: 1. Organization of the work of the enterprise 2. Actions without a power of attorney on behalf of the enterprise 3.

Job description of the director of the enterprise

We bring to your attention a typical example of a job description for a director of an enterprise, a sample of 2018. A typical job description for the director of an enterprise should include the following sections: general position instructions, official duties of the director of the enterprise, rights of the director of the enterprise, responsibility of the director of the enterprise. The job description of the director of the enterprise should reflect the following main points: Job responsibilities of the director of the company 1) Job responsibilities.

The director of the enterprise manages in accordance with current legislation production and economic and financial and economic activities of the enterprise, bearing full responsibility for the consequences of decisions made, safety and effective use property of the enterprise, as well as financial and economic results of its activities.

Director job description

Organizes the production and economic activities of the organization based on the use of methods of scientifically based planning of material, financial and labor costs, the maximum mobilization of production reserves. 5. Takes measures to provide the organization with qualified personnel. 6. Promotes best use knowledge and experience of employees, creation of safe and favorable conditions for their work, compliance with the requirements of labor protection legislation.

7. Resolves all issues within the limits of the granted rights and entrusts the performance of certain production and economic functions to other officials - his deputies, heads of production units, as well as functional and production divisions of the organization. eight.

Rights and obligations of the head of the municipal unitary enterprise

the Labor Code of the Russian Federation and other regulatory acts of the Russian Federation governing labor relations in the Russian Federation. 1. GENERAL PROVISIONS 1.1. The head of the Municipal Unitary Enterprise "" (hereinafter referred to as the Enterprise) is appointed to the position and dismissed by the head of the administration of the city of Cheboksary (hereinafter referred to as the Employer). 1.2. The Head of the Enterprise in his work is guided by the Constitutions of the Russian Federation and the Chuvash Republic; Laws of the Russian Federation; resolutions and decisions of the Government of the Russian Federation and the Cabinet of Ministers of the Chuvash Republic on the issues of the industry; the Charter of the enterprise; Charter of the municipal formation of the city of Cheboksary - the capital of the Chuvash Republic, regulations Self-government of the city of Cheboksary, an employment contract with the head of the municipal unitary enterprise; real job description. 1.3.

Job description of the director of a municipal unitary enterprise

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Important

The director of the enterprise is accountable to the founders of the enterprise represented by (general meeting of founders, other body of the enterprise) 1.4. During the absence of the director of the enterprise, his duties are performed by a deputy appointed in the prescribed manner, who is fully responsible for their high-quality, efficient and timely implementation. 1.5. In his activities, the director of the enterprise is guided by: - ​​legislative and regulatory documents regulating the production, economic and financial and economic activities of the enterprise; - methodological materials related to the activities of the enterprise; - the charter of the enterprise; - labor regulations; - this job description.

1.6.

Job description of the head of the municipal unitary enterprise

the Russian Federation for the production, economic and financial and economic activities of the enterprise, bearing full responsibility for the consequences of the decisions made, the safety and efficient use of the property of the enterprise, as well as the financial and economic results of its activities. 3.2. Organize the work and effective interaction of all structural divisions, workshops and production units, direct their activities towards the development and improvement of production, taking into account social and market priorities, increasing the efficiency of the enterprise, increasing sales volumes and increasing profits, quality and competitiveness of products, its compliance international standards in order to conquer the domestic and foreign markets and meet the needs of the population in the relevant types of domestic products. 3.3.
Enterprises; — legislative and regulatory legal acts regulating the production, economic and financial and economic activities of the Enterprise, — regulations of federal, regional and local authorities and administrations that determine the priority areas for economic development in the relevant industry; — profile, specialization and features of the structure of the Enterprise; — production capacity and human resources of the Enterprise; — tax and environmental legislation; — market methods of managing and managing the Enterprise; – the procedure for concluding and executing business contracts; - scientific and technical achievements and advanced production experience in the relevant industry; - management of the economy and finances of the enterprise, organization of labor production. 2. FUNCTIONS Head of the Enterprise: Get the full text Consult 2.1.

Job description of the director of the municipal unitary enterprise housing and communal services

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Can an agreement concluded by the head of a municipal unitary enterprise with an organization headed by his former subordinate in the municipal unitary enterprise be qualified as an interested party transaction (the head of the organization, a former employee of the municipal unitary enterprise, resigned two months before the conclusion of the said agreement; the charter of the municipal unitary enterprise does not contain a prohibition on making such a deal?

Answer: An agreement concluded by the head of a municipal unitary enterprise with an organization headed by a former subordinate of the head of a municipal unitary enterprise is not an interested party transaction.

Rationale: By virtue of paragraph 1 of Art. 113 of the Civil Code of the Russian Federation, a unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.
The body of a unitary enterprise is the head of the enterprise, who is appointed by the body authorized by the owner, unless otherwise provided by law, and is accountable to him (clause 5, article 113 of the Civil Code of the Russian Federation).
Based on paragraph 7 of Art. 113 of the Civil Code of the Russian Federation, the legal status of unitary enterprises is determined by the Civil Code of the Russian Federation and the law on state and municipal unitary enterprises.
Paragraph 1 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises" (hereinafter - Law N 161-FZ) provides that the head of a unitary enterprise (director, general director) is the sole executive body of a unitary enterprise. The head of a unitary enterprise is appointed by the owner of the property of the unitary enterprise. The head of a unitary enterprise is accountable to the owner of the property of the unitary enterprise.
The head of a unitary enterprise acts on behalf of the unitary enterprise without a power of attorney, including representing its interests, making transactions on behalf of the unitary enterprise in accordance with the established procedure, approving the structure and staffing of the unitary enterprise, hiring employees of such an enterprise, concluding with them, changing and terminating employment contracts, issues orders, issues powers of attorney in the manner prescribed by law.
In accordance with paragraph 1 of Art. 22 of Law N 161-FZ, a transaction in which there is an interest of the head of a unitary enterprise cannot be made by a unitary enterprise without the consent of the owner of the property of a unitary enterprise.
The head of a unitary enterprise is recognized as interested in the transaction by the unitary enterprise in cases where he, his spouse, parents, children, brothers, sisters and (or) their affiliates, recognized as such in accordance with the legislation of the Russian Federation, hold positions in the management bodies of the legal entity , which is a party to the transaction or acts in the interests of third parties in their relations with the unitary enterprise.
Article 22 of Law N 161-FZ establishes an exhaustive list of cases in which the head of a unitary enterprise is recognized as interested in a transaction by a unitary enterprise (Resolution of the Federal Antimonopoly Service of the Moscow District dated April 29, 2013 in case N A40-91530/12-120-889 On August 15, 2013, the transfer of the case to the Presidium of the Supreme Arbitration Court of the Russian Federation for review by way of supervision of this Decree was refused), the Sixteenth Arbitration Court of Appeal dated November 20, 2015 in case No. left unchanged).
Based on the foregoing, the mere fact of the existence of earlier service relations (subordination) between the head of the MUP and the head of the organization with which the MUP has entered into an agreement does not indicate that there are grounds for qualifying such an agreement as an interested party transaction.

We draw up documents for the appointment of the director of the Municipal Unitary Enterprise (MUP). Please advise what restrictions apply to persons holding this position (age limit, education, criminal record)? Can the director of an enterprise be the head of other legal entities? What kind of education should he have and what regulatory legal acts regulate the procedure for appointing the head of the MUE?

Answer

The head of the MUP is not entitled to be a member or head of other legal entities. The head of the MUP must undergo certification for compliance with the position held (see recommendation below). There are no other restrictions on age or education. It is also necessary to check the head of the MUP for the absence of information about him in the register of disqualified persons ().

Requirements for the head of a unitary enterprise are established by Article 21 of the Federal Law of November 14, 2002 No. 161-FZ.

The rationale for this position is given below in the materials of the Lawyer System.

"Certification of the head of a state unitary enterprise of a constituent entity of the Russian Federation and the head of a municipal unitary enterprise

In the subjects of the Russian Federation and municipalities, there are rules that are generally similar to.

However, there may be some features regarding, for example*:

• a list of persons who are not subject to attestation (on the procedure for attestation of the heads of state unitary enterprises of St. Petersburg, approved);
• the number of members of the attestation commission (on the procedure for attestation of the heads of state unitary enterprises of the Leningrad Region, approved

Features of hiring the head of a municipal unitary enterprise. Is it possible to accept not a director, but an acting director of the MUP.

Answer

Answer to the question:

Peculiarities of hiring MUE managers, including the need to pass a competition, may be established by a regulatory legal act of the municipality. Unfortunately, we did not find such normative legal acts in your municipality.

According to Part 1 of Art. 21 Federal Law No. 161-FZ of November 14, 2002 “On State and Municipal Unitary Enterprises” the head of a unitary enterprise is appointed as the owner of the property of the unitary enterprise.

Accordingly, first of all, the decision of the owner is necessary, which can be formalized in the form of an order, resolution, etc. Based on this decision, the owner concludes an employment contract with the director of the MUE.

• may contain additional grounds for its termination.

On the basis of the concluded employment contract, an order for employment is issued (Article 68 of the Labor Code of the Russian Federation), which the head himself can sign. Labor legislation does not establish any prohibitions or special procedures for such cases. The legitimacy of this approach is confirmed by the letter of Rostrud dated March 11, 2009 No. 1143-TZ.

Reflect the fact of hiring a manager in him. Make an entry in the general manner, only in column No. 3 it is recommended to use the wording “appointed”, and not “accepted”, since the head is appointed by the decision of the owner. At the same time, if the wording “accepted” is used in the entry, then this is not a violation and it is not necessary to correct the entry. In column number 4. This conclusion follows from articles 16, 68 of the Labor Code of the Russian Federation.

When making an entry in the work book, it is more correct to indicate the decision of the owner as a basis.

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired (clause 3.1 of the Instruction approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

Since the representative of the employer for the director is the owner, it is his decision that should be referred to.

Also, in the general manner, you need to issue a personal card, the director needs to be familiarized with local regulations, etc.

As for the possibility of accepting a director as an acting director, we note the following.

First, the performance of duties in a vacant position is not allowed. This provision is provided for in paragraph 2 of the Explanation of the State Committee for Labor of the USSR No. 30, the All-Union Central Council of Trade Unions No. 39 dated 12/29/1965 “On the procedure for paying for temporary replacement”.

Secondly, positions with the prefix “and. about." or "v.r.i. about." does not exist. And the use of this prefix is ​​\u200b\u200bpossible only in one exceptional case, if this position (i.e. acting) is provided for by the staffing table.

If the position of "acting director" is not provided for in your staff list, then the appointment of an employee to this position is very doubtful. Such a free designation of positions may lead to the contestation of transactions concluded on behalf of the organization by the acting director.

From the point of view of labor legislation, when a director is hired for the position of an acting director, such a position must be included in the staff list, as well as in the Charter, in order to eliminate the risk of contesting transactions.

Details in the materials of the System Personnel:

Article 21. Head of a unitary enterprise

1. The head of a unitary enterprise (director, general director) is the sole executive body of a unitary enterprise. The head of a unitary enterprise is appointed by the owner of the property of the unitary enterprise. The head of a unitary enterprise is accountable to the owner of the property of the unitary enterprise.
The head of a unitary enterprise acts on behalf of the unitary enterprise without a power of attorney, including representing its interests, making transactions on behalf of the unitary enterprise in accordance with the established procedure, approving the structure and staffing of the unitary enterprise, hiring employees of such an enterprise, concluding with them, changing and terminating employment contracts, issues orders, issues powers of attorney in the manner prescribed by law.

The head of the unitary enterprise organizes the implementation of the decisions of the owner of the property of the unitary enterprise.

2. The head of a unitary enterprise is not entitled to be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activities, be a sole proprietor an executive body or a member of the collegiate executive body of a commercial organization, except in cases where participation in the bodies of a commercial organization is part of the official duties of this head, and also to take part in strikes.
The head of a unitary enterprise is subject to attestation in accordance with the procedure established by the owner of the property of a unitary enterprise.

3. The head of a unitary enterprise shall report on the activities of the enterprise in the manner and within the time limits determined by the owner of the property of the unitary enterprise.

4. In the cases provided for by federal laws and legal acts issued in accordance with them, advisory bodies (scientific, pedagogical, scientific, scientific and technical councils, and others) may be formed in a unitary enterprise. The charter of a unitary enterprise must define the structure of such bodies, their composition and competence.

1. Legal basis: Federal Law No. 161-FZ dated November 14, 2002
   On state and municipal unitary enterprises
2. Answer: How to conclude an employment contract with the General Director

The employment contract with the head of the organization has a number of features, namely:

• may be concluded for a period established by the constituent documents of the organization, by agreement of the parties or by the norms of federal legislation, but not more than five years (Articles 58, 59, 275 of the Labor Code of the Russian Federation);
• may provide for a probation condition for up to six months (part 5 of article 70 of the Labor Code of the Russian Federation). The test condition can be established only if the general director is appointed, and not elected to the position by competition (part 4 of article 70 of the Labor Code of the Russian Federation);
• may contain additional grounds for its termination. See more about this.

In addition, do not forget to include in it an additional condition on responsibility for ensuring protection (part 6 of article 11 of the Law of July 29, 2004 No. 98-FZ).

Ivan Shklovets,

3. Answer: What document should be indicated as the basis for hiring in the work book of the general director elected to the position by the general meeting of participants (shareholders) of the organization

As the basis for hiring the General Director in his work book, indicate:

• or details of the order on the entry of the General Director into office;
• or details of the minutes of the general meeting of participants (shareholders) (decision of the sole participant, minutes of the board of directors (supervisory board)) on the election (appointment) of the general director.

It is explained like this.

Column 4 of the work book indicates the date and number of the order (instruction) or other decision on hiring an employee (clause 3.1 of the Instruction approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

The General Director is the sole executive body of the company and is elected (appointed) to the position by the general meeting of participants (shareholders) of the organization (sole participant, board of directors (supervisory board)) for a certain period (clause 1, article 40, article 39 of the Law of February 8 1998 No. 14-FZ, paragraphs 1, 3, article 69 of the Law of December 26, 1995 No. 208-FZ).

The agreement between the organization and the general director is signed on behalf of the company by the chairman of the general meeting of participants (shareholders) (sole participant, chairman of the board of directors (supervisory board) or other authorized person of the organization (paragraph 2, clause 1, article 40 of the Law of February 8, 1998 No. 14-FZ, paragraph 2, paragraph 3, article 69 of the Law of December 26, 1995 No. 208-FZ).

Moreover, if an employment contract is concluded with the general director, his employment must be formalized by order (instruction) (part 1 of article 68 of the Labor Code of the Russian Federation). Therefore, the CEO issues an order to take office.

Thus, for such an employee of an organization as the general director, as a basis for hiring in the work book, you can specify both the details of the order to take office and the details of the minutes of the general meeting of participants (shareholders) of the organization (decision of the sole participant, minutes of the council Directors (Supervisory Board)) on the election (appointment) of the General Director.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel