Employment contract with the Deputy Director for Economic Affairs. Sample employment contract with financial director


Document form " Employment contract with the director" refers to the heading "Employment contract, employment contract." Save the link to the document on 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 given a probationary period of 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 relieved of his position by decision supreme body Society.
2.4. The employee is required to do the following job responsibilities:
- 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, the safety and effective use of 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 towards 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, its compliance with international standards in order to conquer the domestic and foreign markets and meet the needs of the population for relevant types of domestic products;
- ensure that the Company fulfills all obligations to the federal, regional and local budgets, state extra-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 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 increase 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 discussing and resolving 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 wages V deadlines;
- together with the workforce and trade union organization, ensure, on the basis of the principles of social partnership, the 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, regulation social labor relations, ensuring the investment attractiveness of the Company in order to maintain and expand the scale entrepreneurial activity. Perform all necessary actions to protect the property interests of the Company in court, arbitration, and authorities state power.
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 fire employees, including appointing and dismissing 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, the provisions of the constituent documents of the Company, 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 conflict situation a 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 remuneration 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. To pay, in case of production necessity, for the purpose of improving the qualifications of the Employee 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. Require the Employee to perform his labor duties and careful attitude to the property of the Company and other employees, compliance with the internal labor regulations of the Company.
2.9.4. Involve the Employee in disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.
2.9.5. Accept 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 operation in this Company. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months.
4.3. 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 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 non-fulfillment or improper fulfillment 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 Employee’s last day of work, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

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.

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EMPLOYMENT CONTRACT
with the financial director (fixed-term, probationary period)

date and place of signing

We refer to__ hereinafter as the “Employer”, represented by _________________, acting__ on the basis of _________________, on the one hand, and _________________, hereinafter referred to as the “Employee”, on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired by the Employer in the organization _____________ to perform work as a financial director with a salary of ______ (____________) rubles per month.

1.2. The Employee is given a probationary period of ______ months in order to verify the compliance of the Employee’s qualifications with the work assigned to him.
If the probation period has expired and the Employee continues to work, then he is considered to have passed the test, and subsequent termination of the employment contract is allowed only on a general basis.

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

1.4. This agreement is a fixed-term agreement and is valid until "___"_________ ___.

1.5. The basis for concluding a fixed-term employment contract is _________________________.

1.6. Work for the Employer is the main one for the Employee.

1.7. The Employee’s place of work is ___________________ at the address: _________________________.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee reports directly to ______________________.

2.2. The employee is obliged:

2.2.1. Perform the following job responsibilities:
Organizes traffic control financial resources organization and regulation of financial relations for the purpose of the most efficient use of all types of resources in the process of production and sale of products (goods, works, services) and obtaining maximum profit.

Determines sources of financing the production and economic activities of the organization

Organizes the activities of financial department employees in the following main areas: searching for sources, estimating the cost of sources, evaluating financial risk, the ratio of own and attracted sources of financing.

Directly negotiates with commercial banks, other credit institutions and other external organizations.

Coordinates work to analyze the financial and economic condition of the organization (analysis of financial statements, horizontal and vertical analysis, trend analysis, calculation of financial ratios, etc.).

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

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

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

Organizes research and analysis of costs for the purchase of raw materials and supplies, electricity consumption, transport costs, trade commissions and other expenses, costs for depreciation deductions, interest on loans, rent, costs of maintaining the management staff, routine repairs of equipment and other costs in order to determine the cost management policy.

Determines the organization's dividend policy (constant payment policy, regular dividend policy, repeated increase policy, additional dividend policy) and develops proposals for determining the portion of profits allocated to the payment of dividends; establishing and adjusting the conditions for paying dividends; determining the conditions for making a decision on an additional issue of shares, etc.

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

Organizes 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).

Organizes and ensures control: over execution financial plans(including 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, promptly adjust 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.

Organizes 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); dynamics of income from stock activities (stock portfolio management, income from new issues of shares; spending proceeds from sales in the main areas (purchase of raw materials, wages, fixed expenses and other current needs of the organization); payment of interest on loans; payment of dividends; investment expenses; the amount of available funds of the organization (or the amount of their deficit)).

Based on the results of financial analysis, it ensures the development of proposals 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.

Determines the investment policy of the organization, 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; etc.

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

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

Organizes: development of a tax budget that allows determining the planned profit values; carrying out calculations of profits and income taxes.

Ensures 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.

Manages 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.).

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

Coordinates 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.).

Organizes the preparation of reports for the head of the organization (collective board of directors, general meeting of founders (shareholders)) on financial issues.

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

2.2.2. Comply with the internal labor regulations established by the Employer, production and financial discipline, and conscientiously perform their job duties specified in clause 2.2.1 of this employment contract.

2.2.3. Take care of the Employer’s property, maintain confidentiality, and not disclose information and information that is a trade secret of the Employer.

2.2.4. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without the permission of its management.

2.2.5. Comply with labor protection, safety and industrial sanitation requirements.

2.2.6. Contribute to the creation of a favorable business and moral climate at work.

2.3. The employer undertakes:

2.3.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer 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.

2.3.2. Ensure safe working conditions in accordance with the requirements of the Safety Regulations and labor legislation of the Russian Federation.

2.3.3. Pay the Employee in the amount established in clause 3.1 of this employment contract.

2.3.4. Pay bonuses and remuneration in the manner and on the terms established by the Employer, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the Employer’s work in the manner established by the Regulations on remuneration and other local acts of the Employer.

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

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

2.3.7. Familiarize the Employee with labor protection requirements and internal labor regulations.

2.4. The employee has the following rights:
- the right to provide him with the work specified in clause 1.1 of this employment contract;
- the right to timely and full payment of wages;
- the right to rest in accordance with the terms of this employment contract and legal requirements;
- other rights granted to employees Labor Code RF.

2.5. The employer has the right:
- encourage the Employee in the manner and amount provided for by this employment contract, the collective agreement, and the current legislation of the Russian Federation;
- bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;
- exercise other rights granted to him by the Labor Code of the Russian Federation.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

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

3.2. The employer sets 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 performs, along with his main work extra work for another position or to perform the duties of a temporarily absent employee without release from his main job, the Employee is given 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 wages are paid by issuing cash at the Employer's cash desk (by transferring to the Employee's bank account) every six months on the day established by the Internal Labor Regulations.

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

4. WORKING AND REST TIME REGIME

4.1. The employee has a five-day work week with two days off - __________________.

4.2. Start time: _________________________________.
Closing time: ___________________________.

4.3. During the working day, the Employee is given a break for rest and food from ___ o'clock to ____ o'clock, which is 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 him. of this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

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

5. 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 acts of the Employer 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 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 .

7.2. The Employer 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 Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

8. TERMINATION OF THE AGREEMENT

8.1. This employment contract may be terminated 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 Employee’s last day of work, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

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 Employer and the other by the Employee.

in the face. acting on the basis. hereinafter referred to as " Employer", on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as " Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. This agreement governs the labor relations between the Employee and the Employer.

1.2. An employee is hired for a position in a department. Work address.

1.3. This agreement is a part-time agreement.

1.4. Type of Agreement: for indefinite term(indefinite);

1.5. Duration of the contract: commencement of work: " " 2017.

1.6. Test conditions. During the probationary period, the employee is subject to the provisions of the Labor Code of the Russian Federation, other regulatory legal acts, and local regulations containing labor law standards.

1.7. The employee is assigned job responsibilities in accordance with the job description.

2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

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;
  • not to use in third-party organizations materials that are the intellectual property of the Employer (technologies, know-how, drawings, projects) produced by the employee while working for the Employer Company, or provided to him in the performance of his functional duties;
  • do not engage in personal affairs and do not use computer and other technology and equipment, as well as resources Email for private 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 about any changes to your personal data, marital status, address, phone number, level of education;
  • at the request of the Employer and its 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 the 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 about the reason and possible duration of his 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;

2.2. The employee has the right to:

  • conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;
  • providing him with work stipulated by the employment contract;
  • a workplace that meets the conditions provided for state standards organization and labor safety and collective agreement;
  • timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
  • rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of employee, provision of weekly days off, non-working holidays, paid annual leave;
  • complete reliable information about working conditions and labor protection requirements in the workplace;
  • professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;
  • association, including the right to create trade unions and joining them to protect their labor rights, freedoms and legitimate interests;
  • protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
  • compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
  • compulsory social and medical insurance in cases provided for by federal laws.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

3.1. The employer has the right:

  • 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;
  • demand from the employee the performance of their job duties and careful attitude towards the property of the employer and other employees, compliance with the internal labor regulations of the organization;
  • bring the employee to 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 duties, 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;

3.2. The employer undertakes:

  • 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.

4. REMUNERATION

4.1. The employee is given a salary ( tariff rate) in the amount of rubles per month. Remuneration is made in proportion to the time worked.

4.2. When performing work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays and when performing work in other conditions deviating from normal), the employee is subject to appropriate payments provided for by labor legislation and other regulatory legal acts, agreements, and local regulations.

4.3. Payment of wages is carried out twice a month and on the dates of each month.

5. WORKING AND REST TIME

5.1. A part-time employee is assigned a part-time, one-hour workday and a five-day, one-hour work week. Days off: Saturday and Sunday. Beginning of work: ; End of work.

6.1. The employee is granted annual basic leave of 28 calendar days.

6.2. Annual main leave may be divided into parts, one of which should not be less than 14 calendar days.

6.3. The order of provision of paid vacations is determined annually in accordance with the vacation schedule.

6.4. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work under this Agreement.

6.5. An employee for whom an irregular working day is determined is granted additional paid leave in the number of working days.

Read also: Refund of overpaid wages

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 granted 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 for the corresponding duration.

7. TERMINATION OF AN EMPLOYMENT CONTRACT (TERMINATION)

7.1. The grounds for termination of this employment contract (Article 77 of the Labor Code of the Russian Federation) are:

  1. agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
  2. 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;
  3. 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.
  4. termination of an employment contract at the initiative of the employer (Article 71 and Article 81 of the Labor Code of the Russian Federation);
  5. transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);
  6. 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);
  7. 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);
  8. the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of the Labor Code of the Russian Federation);
  9. 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);
  10. circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
  11. violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

7.2. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, warning him about this in writing no later than one day before the expiration of the test period, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court. If the probation period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract according to at will, warning the employer about this in writing no later than one day before the expiration of the test period.

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, of which the employer warns in writing the specified person no less than days before the termination of the employment contract.

7.4. An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

8. OTHER CONDITIONS OF THE AGREEMENT

8.1. If a dispute arises between the parties, it must be resolved through direct negotiations between the Employee and the Employer.

8.2. If the dispute between the parties is not resolved, it shall be resolved in the manner prescribed by current legislation.

8.3. This agreement is drawn up in 2 copies having equal legal force. One copy is kept by the Employer, the other by the Employee.

9. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Worker Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

Employment contract with the general director (part-time)

A sample employment contract with the general director (part-time) is presented below:

Employment contract with the general director (part-time)

________ "" 2008

Limited Liability Company ________________________________
hereinafter referred to as the “Company”, represented by ________________________________, acting on the basis of _________________________________________________________, on the one hand, and __________________________, hereinafter referred to as the “General Director”, on the other hand, in accordance with the Federal Law “On Limited Liability Companies”, otherwise in force Russian legislation and the Charter of the Company have concluded this employment agreement (hereinafter referred to as the Agreement) on the following:

Article 1. Subject of the Agreement
1.1. This Agreement governs the relationship between the Company and the General Director in connection with the latter’s performance of the duties assigned to him in managing the current activities of the Company.
1.2. Work under this Agreement is part-time.
1.3. The General Director manages the activities of the Company within the competence determined by the current legislation, the Charter and internal documents of the Company, as well as this Agreement.
1.4. The purpose of the General Director's activities is to ensure the profitability and competitiveness of the Company, its financial and economic stability, ensuring the rights and legitimate interests of the Company's participants and social guarantees for employees.

Article 2. Obligations of the Parties
2.1. The duties of the General Director include the exercise of all powers of the Company as a commercial organization, the rights and obligations of the Company in relation to its participants and employees, state authorities and management bodies, local governments, as well as the rights and obligations of the Company related to its production and economic activities and management of subsidiaries and dependent companies, except for the powers assigned by the Charter to the competence of the general meeting of founders.
2.2. The General Director has the following responsibilities:
— organizes the implementation of decisions of the general meeting of founders;
— 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;
— ensures the protection of the Company’s property, controls the appropriateness of the Company’s expenses;
— carries out the rational use of material, labor and financial resources of the Company;
— provides legal protection of the Company’s interests in courts of general jurisdiction and arbitration courts;
— organizes the production and economic activities of the Company’s structural divisions and the effective interaction of subsidiaries;
— ensures the fulfillment of the Company’s obligations to third-party organizations - counterparties under business agreements;
— provides selection, placement, training, advanced training of the Company’s personnel and its rational use;
— ensures compliance in the Company with internal documents of the Company and principles corporate culture;
- contributes to the creation of normal psychological climate V work collective Societies;
— provides the Company’s employees with healthy and safe working conditions;
— organizes accounting, ensures the preparation and timely submission of accounting and statistical reporting on the activities of the Company, as well as consolidated reporting on the activities of the Company to tax authorities and state statistics bodies;
— fulfills other duties that are assigned or will be assigned to the General Director by the Charter, internal documents of the Company and current Russian legislation.
The General Director does not have the right to disclose information that has become known to him in connection with the performance of his official duties, constituting a trade secret and confidential information about the activities of the Company, the disclosure of which may cause damage to the Company.
2.3. The General Director of the Company has the right:
— to be elected in the prescribed manner to the Board of Directors of the Company (if there is one) and to participate in its activities with all the rights granted by the Charter of the Company to members of the Board of Directors of the Company;
— represent the interests of the Company without a power of attorney in all state and municipal authorities and management, any domestic and foreign organizations and institutions;
— sign powers of attorney, civil and employment contracts on behalf of the Company;
— independently, within its competence, resolve all issues of the Company’s production and economic activities;
- within the limits of one’s competence, make decisions on spending created by the Company funds and reserves;
- dispose of any property of the Company, except for cases when the resolution of such issues falls within the competence of the general meeting of the founders of the Company or the Board of Directors of the Company, be the administrator of loans;
— open current and other accounts in Russian and foreign banks, sign payment documents;
— within the limits of its competence, approve internal documents of the Company;
— coordinate and organize the interaction of subsidiary business companies among themselves and with the main Company;
— approve the organizational structure, staffing, job descriptions employees of the Company;
— hire and dismiss the Company’s employees, apply incentive measures to them and impose disciplinary action in accordance with current legislation;
— in accordance with current legislation, determine information constituting a trade secret and confidential information about the activities of the Company;
— issue orders and instructions that are binding on all employees of the Company, give instructions on all issues of the current activities of the Company, and monitor their implementation;
— exercise other powers provided for by the Charter and internal documents of the Company.
2.4. The Company assumes the following obligations:
— comply with the terms of this Agreement, the Charter and internal documents of the Company in relation to the General Director of the Company;
— to ensure normal working conditions for the General Director, provide him with: a work office, a personal computer, telephone, fax and other means of operational communication;
— reimburse the General Director for entertainment expenses in the amount approved by the decision of the sole participant of the Company;
— pay for the activities of the General Director in the manner, amount and terms specified in this Agreement;
— carry out in relation to the General Director all types of mandatory social and health insurance and ensure payment of appropriate benefits to him;

Read also: Calculation of length of service for sick leave

Article 3. Working hours
3.1. The General Director is assigned working hours of no more than _______ hours per day and _____________ hours per week.
3.2. The General Director's time worked includes the time actually spent on managing the Company's activities, regardless of whether the General Director is at work. The time of presence at work and the need to go on business trips are determined by the General Director independently, based on production needs, current tasks facing the Company and the need to fulfill the duties assigned to him by this Agreement.

Article 4. Rest time
4.1. The General Director determines breaks for rest and food during the working day independently, at a time convenient for himself.
4.2. The General Director is given two days off a week, Saturday and Sunday.
4.3. The General Director is granted annual basic paid leave of 28 calendar days.
4.4. By agreement of the parties to this Agreement, vacation may be divided into parts, and at least one of the parts cannot be less than 14 calendar days.
4.5. The main leave is provided to the General Director during the working year within the time limits established by him independently, taking into account the current production and economic activities of the Company.

Article 5. Payment for activities
5.1. Remuneration for the activities of the General Director consists of the official salary and bonus payments, determined by clause 5.4 of this Agreement as an objective indicator of the effectiveness of his work.
5.2. The official salary of the General Director is set at _______________________________________ rubles 00 kopecks. Remuneration is made in proportion to working hours worked.
5.3. The official salary of the General Director during the term of this Agreement may be changed by agreement of the parties, drawn up in writing.
5.4. Based on the results of the financial and economic activities of the Company for the year, the General Director, provided that he fulfills the duties assigned to him by this Agreement, the Company’s business plan and sufficient profit, is paid a monetary remuneration in the amount of __________ salary. The decision on payment of monetary remuneration to the General Director based on the results of the year is made by the Board of Directors of the Company.

Article 6. Duration of the Agreement and procedure for its termination
6.1. This Agreement is concluded for a period of three years, comes into force from the moment it is signed by the parties and is valid until “_____” ______________ 200.
If by this time the Company has not appointed a new General Director for any reason (not a single candidate was nominated within the time frame and in the manner prescribed by the Charter, all candidates withdrew their candidacies, there was no quorum for the meeting, etc.), the powers of the person filling the position General Director, are extended until his successor, appointed in the manner established by the Charter of the Company, takes office. The validity period of this Agreement in this case is extended accordingly by specified period.
6.2. The General Director is obliged to begin performing his job duties from “____” ________________ 200.
6.3. The General Director is given a probationary period of _________________ months.
6.4. The contract may be terminated early:
- on the initiative of the General Director, if he submitted a corresponding application for early termination of the Agreement. The General Director's application must be submitted no later than 1 month before termination of the Agreement;
- by decision of the authorized body of the Company, taken in connection with the improper fulfillment by the General Director of the duties assigned to him by this Agreement;
- in accordance with current legislation.

Article 7. Responsibility of the General Director
7.1. The General Director is liable to the Company for losses caused to the Company by his guilty actions (inaction), unless other grounds and the amount of liability are established by federal laws. Damage that falls into the category of normal production and economic risk is not subject to compensation.
7.2. When determining the grounds and extent of the General Director's liability, ordinary business conditions and other circumstances relevant to the case must be taken into account.

Article 8. Procedure for changing the terms of the Agreement
8.1. The terms of this Agreement may be changed by mutual agreement of the Company and the General Director.

Article 9. Resolution of disagreements during the execution of the Agreement
9.1. If disagreements arise during the execution of the Agreement, they are subject to settlement through negotiations between the General Director and the Company.
If agreement is not reached, the General Director and/or the Company may go to court on a controversial issue in the manner prescribed by law.

Article 10. Formation of the Agreement
10.1. The agreement is drawn up in 2 copies. Both copies have the same legal force. One copy is kept by the General Director, the other is kept in the Company’s documents.
10.2. Any changes to the Agreement have legal force only if they are written in the form of additional agreements, which, after signing by the parties, become an integral part of the Agreement.

Article 11. Details and signatures of the parties

Can the CEO work part-time?

Legal regulation of part-time work for heads of organizations

Part-time work as a type of relationship arising as a result of signing an employment contract is regulated by the Labor Code of the Russian Federation. Art. 60.1 of the Labor Code of the Russian Federation declares the right of an employee, in addition to his main position, to perform additional job duties, but outside the main working day. This type of employment is called part-time employment.

The specifics of performing part-time job duties are regulated by Ch. 44 Labor Code of the Russian Federation. At the same time, the current labor legislation does not prohibit part-time work: any employee can draw up employment contracts with an unlimited number of employers (Article 282 of the Labor Code of the Russian Federation). Consequently, the general director, like any other employee, may have additional job responsibilities while working part-time.

However legal status leaders of the organization is regulated by the Labor Code in a special manner. Art. 276 of the Labor Code of the Russian Federation confirms the possibility for the general director to have more than one place of work, but introduces the following condition - part-time work for the director is possible only with the permission of the general meeting of the founders (participants) of the organization. The minutes of the meeting, containing the decision to hire a part-time director, implements the licensing procedure described in Art. 276 Labor Code of the Russian Federation.

Employment contract with a part-time director - sample

The process and features of drawing up an employment contract with the head of the organization are regulated by Art. 275 Labor Code of the Russian Federation. In the described case, the document must indicate the job function - part-time work.

Sample employment contract with a part-time general director can be downloaded on our website.

Part-time director: how to prepare personnel records documents

Registration of a part-time general director requires the publication of the following registration documents and personnel records forms:

  • minutes of the general meeting of founders (participants) on the appointment of a part-time general director, indicating the period (if necessary);
  • employment contract;
  • order;
  • HR registration form T-2.

An employment contract with the director of an LLC - a sample of this document is given in 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 the LLC (general rules)

According to the provisions of paragraph 1 of Art. 40 federal law“On companies...” dated 02/08/1998 No. 14, the general director of an LLC is considered its sole executive body. The choice of the person who will occupy this position rests with the general meeting of the founders of the company (except for situations where the adoption of such decisions falls within the competence of the board of directors).

To accept an individual for such a position, it is necessary to conclude an appropriate employment agreement with him. This is also indicated by Art. 274 of the Labor Code of the Russian Federation, according to which the legal status of the director is established not only by the norms of 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 clause 1 of Art. 40 Federal Law No. 14, chairman of the general meeting of owners of the enterprise or head of the existing board of directors.

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

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

The sole owner of the company can take the position of its director without entering into labor contract. Indeed, in this case, he simply has no one to sign the agreement with, since he cannot act simultaneously as an employer and an employee. This position is shared by both the Ministry of Finance of the Russian Federation (letter dated 02/19/2015 No. 03-11-06/2/7790) and Rostrud (letter dated 03/06/2013 No. 177-6-1). A contract is a bilateral agreement in which the participants assume certain obligations towards 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 the departments, is unacceptable.

However, the information contained in the above documents is only advisory in nature. Moreover, the absence of an agreement may 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, while off-budget funds There are no mandatory social contributions. However, at the same time, the founder pays tax to the budget on the dividends he receives, so it is impossible to make an unambiguous conclusion that he is not fulfilling his duties as a taxpayer without concluding an employment contract.

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

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

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

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

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

Contents of the employment contract with the director of the LLC

Neither the procedure for drawing up an employment contract with the general director of an LLC, nor the requirements for its content are established by the legislator. This means that when preparing a document, you can use a standard form developed at the enterprise. General requirements for an employment contract concluded with employees of any organization are established by the provisions of Art. 57 of the Labor Code of the Russian Federation (you can read in detail about the nuances of concluding such an agreement in our article). 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 details of his identity document;
  • name of the employing organization;
  • subject of the contract;
  • rights and obligations of the parties to it;
  • contract time. If the contract is fixed-term, it indicates the date of termination of the director’s employment duties (according to the provisions of Part 1 of Article 275 of the Labor Code of the Russian Federation, it is determined by the charter of the organization or the agreement reached by the parties);
  • employee’s work and rest schedule;
  • guarantees and compensation provided to the director in the course of his work;
  • condition on the financial responsibility of the director (according to the provisions of Article 277 of the Labor Code of the Russian Federation, the general director of the enterprise bears full financial responsibility for the results of his work).

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

These conditions may include:

  • about probationary period(according to Article 70 of the Labor Code of the Russian Federation, its duration can reach 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 establishing the procedure and rules for interaction between the employer (LLC) and the employee (its general director) is quite challenging task. To make its decision easier, it is worth familiarizing yourself with at least an approximate example of such a document (provided below).

Sample employment contract with the general director of LLC

Employment contract

Moscow, 03/26/2018

  1. Item
    • The Employer entrusts the Employee with performing the functions of the General Director, and the Employee performs them.
    • The Employee’s place of work is an office located at the address: Moscow, st. Green, no. 5 of. eleven.
    • The employee starts work on March 26, 2018. This agreement was concluded for a period of 3 years in accordance with clause 11 of the Employer’s Charter.
    • The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation.
    • The employee undertakes not to disclose trade secrets to which he will gain access in the course of performing his job 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 and fire workers.
      • Dispose of the Employer's property within the limits provided to him.
      • Sign orders that are binding on the enterprise.
      • Conduct transactions on behalf of the Employer, open bank accounts and sign financial documents of the enterprise.
    • The employee is obliged:
      • Manage the production, economic and financial-economic activities of the enterprise.
      • Conclude agreements with the company’s counterparties 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 timely fulfillment of the Employer’s obligations to transfer funds to the budget and extra-budgetary funds.
      • Comply with labor discipline, as well as safety rules 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 financial liability within the limits established by current legislation.
    • The employer is obliged:
      • Pay the Employee wages on time and in full.
      • Provide the Employee with the conditions necessary for him to perform his job duties.
  1. Procedure for remuneration of the Employee.
    • For the performance of labor duties, the Employee is paid a salary 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 within the scope of the article all possible information that should be indicated in it. The given sample only allows you to understand the approximate structure of the document and determine the general content of each of its sections. To help prepare a draft contract that meets all the requirements of current legislation and establishes the procedure for resolving all the main issues that arise during the performance of the company’s director’s duties, we invite you to download a sample employment contract for the general director of an LLC in the full version.

In addition, it is worth remembering that when hiring the general director of an LLC, an order for his appointment to the 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 work book The employee will need to indicate the number of this decision, as well as the date of its adoption - this information 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 an 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 accept important strategic decisions, issue and sign orders, hire ordinary employees, fire them, etc. However, in addition to the general director, the LLC may have other directors on its staff who formally have the status of ordinary employees.

Such directors may be:

  • Production Director;
  • on 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, director and general director are synonymous. Both of them are the sole executive body of the LLC.

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

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

Determines the organization's dividend policy (constant payment policy, regular dividend policy, repeated increase policy, additional dividend policy) and develops proposals for determining the portion of profits allocated to the payment of dividends; establishing and adjusting the conditions for paying dividends; determining the conditions for making a decision on an additional issue of shares, etc.

Employment contract with financial director

in the face. acting on the basis. hereinafter referred to as " Employer", on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as " Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

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

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

How to draw up an employment contract with the financial director

He is the same employee, but with much greater responsibility. The hiring of this employee usually occurs through a meeting of the company’s founders. Since his post is very responsible, it is customary to hire proven and competent people for this position in order to avoid problems in the enterprise. This is because poor decisions or shortcomings can cause financial damage to the company.

The specialist we are considering holds a leadership position. Therefore, the contract must provide special provisions regulating the rights and job responsibilities of the manager, and also included special cases termination of employment relations. For example, he could be fired for disclosing a trade secret.

Employment contract with the director

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, paid leave may be provided to the Employee 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.

7. RESPONSIBILITY OF THE PARTIES
7.1. In case of non-fulfillment or improper fulfillment 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.

Employment contract with the financial director (fixed-term, with a probationary period)

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided 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.

Organizes work to conduct financial analysis according to the following indicators: receipt of funds to the organization’s account for shipped products (goods) and services provided (work performed); dynamics of income from stock activities (stock portfolio management, income from new issues of shares; spending proceeds from sales in the main areas (purchase of raw materials, wages, fixed expenses and other current needs of the organization); payment of interest on loans; payment of dividends; investment expenses; the amount of available funds of the organization (or the amount of their deficit)).

Sample employment contract with the general director of LLC

In this case, the owners of the organization, who have vested the director with powers in accordance with the decision of the general meeting, will be obliged to conclude an employment contract with him. Exercising the powers of a director is work on a permanent basis, and in the Russian Federation it must be carried out on the basis of the norms of the Labor Code of the Russian Federation, and therefore, within the framework of an employment contract.

In this case, he has the right to manage the company without an employment contract. The law does not prohibit the conclusion of a corresponding contract, although this is not very welcomed by the authorities. The Ministry of Finance, for example, believes that in the absence of 2 parties, an employment contract cannot be concluded, and therefore the sole founder of the company does not have the right to hire himself as a director (letter of the Ministry of Finance dated February 19, 2015 No. 03-11-06/2/7790). Rostrud also agrees with the Ministry of Finance (letter dated March 6, 2013 No. 177-6-1).

Sample employment contract with the director of an LLC

If the owner of the company decides to document his labor responsibilities, he will need to draw up an agreement in accordance with the requirements of current legislation. At the same time, Art. 39 Federal Law No. 14 indicates that in an LLC, the founder of which is one person, all decisions that must be made by the general meeting of the company's participants have the right to be made by this single founder.

  1. Item
    • The Employer entrusts the Employee with performing the functions of the General Director, and the Employee performs them.
    • The Employee’s place of work is an office located at the address: Moscow, st. Green, no. 5 of. eleven.
    • The employee starts work on March 26, 2018. This agreement was concluded for a period of 3 years in accordance with clause 11 of the Employer’s Charter.
    • The employee is subject to compulsory social insurance in accordance with the current legislation of the Russian Federation.
    • The employee undertakes not to disclose trade secrets to which he will gain access in the course of performing his job 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 and fire workers.
      • Dispose of the Employer's property within the limits provided to him.
      • Sign orders that are binding on the enterprise.
      • Conduct transactions on behalf of the Employer, open bank accounts and sign financial documents of the enterprise.
    • The employee is obliged:
      • Manage the production, economic and financial-economic activities of the enterprise.
      • Conclude agreements with the company’s counterparties 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 timely fulfillment of the Employer’s obligations to transfer funds to the budget and extra-budgetary funds.
      • Comply with labor discipline, as well as safety rules 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 financial liability within the limits established by current legislation.
    • The employer is obliged:
      • Pay the Employee wages on time and in full.
      • Provide the Employee with the conditions necessary for him to perform his job duties.
  1. Procedure for remuneration of the Employee.
    • For the performance of labor duties, the Employee is paid a salary 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
05 Aug 2018
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