Entry in the work book of the founder's general director. Rules for making entries in the director’s work book: entry on hiring and dismissal

Director is the management position of an organization. He is registered for work in accordance with labor legislation. There are some peculiarities in this procedure. In the article we will look at how a director is hired in an LLC, what documents are needed, what order is needed for the position to take effect

The director of an LLC has specific responsibilities and a special status, but he is the same employee as the rest of the organization’s personnel. The manager is vested with a wide range of powers and the right to represent the interests of the company without a power of attorney in any situation. His employment should not be contrary to standard employment procedures.

What documents need to be provided?

When registering, the director must provide the following papers to the HR department ( Art. 65 Labor Code of the Russian Federation):

To the accounting department new employee can submit certificates for calculating benefits for temporary disability and income f. 2-NDFL, birth certificates of children to confirm personal income tax benefits.

After appointment to a position, the manager must familiarize himself with the following internal regulations companies:

• Work regulations at the enterprise;
• Rules for storing and using personal data of personnel;
• Regulations on remuneration;
• Occupational safety and health regulations;
• Job description;
• Collective agreement.

Employment contract

The document establishes the competence of the director, his rights and obligations. Special legal status manager leads to the need to solve difficult personnel issues when entering a job. He is the executive body of the company, as well as its full-time employee. The principles of regulation of his labor are contained in Chapter. 43 Labor Code of the Russian Federation.

Recently there was an opinion that an employment agreement with a director who is sole founder LLC, is not concluded. In this case, the employee and the employer are the same person, and the same person is not allowed to sign the document twice. Provisions of Ch. 43 Labor Codes do not apply to the founding manager ( Art. 273 Labor Code of the Russian Federation).

This approach is confirmed by Art. 7, 39, 40 of the Law on LLC No. 14-FZ of 02/08/1998 (hereinafter referred to as Law 14-FZ), determination of the Supreme Arbitration Court of the Russian Federation No. VAS-6362/09 of 06/05/2009. This position has significant drawbacks. For example, a salary that is not supported by an employment agreement does not reduce the income tax base ( Art. 255, 270, 346.16 Tax Code of the Russian Federation).

Today, the opposite approach is used: an employment agreement with the director, the sole founder, must be drawn up. The Labor Code of the Russian Federation does not prohibit this, since the manager performs certain job duties ( Art. 56 Labor Code of the Russian Federation). The Ministry of Health and Social Development of the Russian Federation also adheres to this position in order to ensure the protection of the director in social and labor sphere (Order No. 428n dated 06/08/2010).

An employment agreement is drawn up with the director for the period determined by the Charter or agreement of the parties. Based on Law 14-FZ, the period of validity of a fixed-term agreement may exceed the 5-year limit determined by the Labor Code of the Russian Federation.

According to the Law on Trade Secrets No. 98-FZ of July 29, 2004, the document specifies the condition of confidentiality of information about the company’s activities and liability for non-compliance.

On behalf of the company, the contract is signed by the representative who was assigned this at the meeting, if the person is not chosen - by the chairman. The second signature is given by the director. A seal is not required.

The procedure for accepting a director in an LLC

The process of hiring a manager to work in an LLC consists of the following stages.

Step 1. Checking whether the future director is deprived of the right to hold a leadership position.

To do this, you need to view the data from the register of disqualified citizens. The document is posted on the tax website. You can open it using the link: → check. You can also make a request in writing and submit it to the tax office in person or by mail. Within 5 days, the Federal Tax Service will prepare a response in the form:

• Extracts from the register confirming the disqualification of this citizen;
• Certificates if there is no information in the register;
• An information letter, if the request does not contain any information about the person being checked.

A fee of 100 rubles is charged for providing information.

If a disqualified person works as a manager, a fine of 5 thousand rubles is provided for him, and for an organization - 100 thousand rubles. ( Art. 14.26 Code of Administrative Offenses).

Step 2. Study by the HR service of the documents provided by the candidate.

Step 3. Holding a meeting of participants.

Based on its results, a decision on appointment is made. This is recorded in the protocol. The procedure is regulated by Ch. 4 of Law No. 14-FZ.

Step 4. Familiarization of the director with internal documents.

Step 5. Drawing up an employment agreement.

Step 6. Issuing an order for admission.

When hiring, a corresponding application from the director is not required.

Step 7 Registration of a work book.

You should fill out the first two pages and familiarize the director with the entered data against his signature.

Step 9 Notification of the tax office about the change of director.

The document is drawn up in the form of an application to change data in unified state register legal entities(form P14001). Signs the paper new manager. You must notify the Federal Tax Service within 3 days from the date of admission.

Statement f. R 14001 is subject to certification, the director signs on page 8 in the presence of a notary!

The minutes of the founders' meeting and a copy of the passport are attached to the document. The Federal Tax Service registers changes within 10 days.

Step 10 Drawing up a deed of transfer of affairs.

Make 2 copies of the document in writing in any form. It is signed by the new and former leaders. The structure of the act is reflected in the table.

Step 11 Replacing the bank signature sample card.

The company must provide:

• A card indicating the surname of the director (the signature must be certified by a notary or an authorized bank employee);
• Papers confirming the competence of the manager;
• Director's passport.

Taking office

For external government agencies(banks, funds, courts) the leader issues his first order to take office. He signs it himself. The document, unlike the T-1 form, does not contain salary data, therefore it is used for presentation to third-party companies. It is compiled in any form.

Example. Order to take office

Below is an example of an order for a new director to take office.

Entry in the work book

When the director takes office, like other employees, it is necessary to make an entry in his work book (Art. 66 Labor Code of the Russian Federation). It is carried out by an employee of the HR department or the manager himself (if he is the only one on staff) within a week from the date of admission.

The full and abbreviated name of the employing company is written in the job data. The following entries are arranged in columns.

In the fourth column you can enter the details of the protocol on the appointment of the director.

Order to receive the director

To hire a director, you must issue an order in the T-1 form. The document is drawn up within three days from the date of signing the employment agreement.

The admission order is issued by the personnel service. You can add a line to it indicating the details of the document according to which the director was appointed to the position.

The basis for its execution is an employment agreement. The director must familiarize himself with the order within three days from the beginning of his labor activity. He signs the order twice: as an employee and as a director of the enterprise.

For the first time, a registered company issues an order after receiving registration papers, and when changing or re-electing a director - after signing the Minutes of the meeting.

If the company does not have the position of chief accountant on staff, then the order assigns his responsibilities to the manager.

Probationary period when hiring a director

The test is established by agreement of the parties. The corresponding clause is included in the employment agreement.

A manager may be placed on probation for up to six months ( Part 5 Art. 70 Labor Code of the Russian Federation). If the director is invited by transfer from another company by agreement of the employers, then the test is not imposed on him.

The following periods are excluded from the test period:

• Being on sick leave;
• Performance of public duties;
• Military registration and fees;
• Absence for other reasons.

Answers to questions about hiring a director in an LLC

Question No. 1. The fixed-term employment contract with the director has expired. How to extend his powers?

First, the manager should be fired due to the expiration of the contract, then hired again. This must be recorded in the minutes of the founders' meeting.

Question No. 2. What consequences are possible if the company did not inform the Federal Tax Service about the change of director?

The tax office has the right to fine an official 5 thousand rubles.

The director represents the interests of the company without a power of attorney, signs documents, enters into transactions, etc. All transactions carried out by him will be considered invalid as long as there is no data about him in the Unified State Register of Legal Entities ( Art. 167, 168 Civil Code of the Russian Federation).

VAT paying partners will not be able to receive a deduction, since the signature on the invoices of an unauthorized person is invalid.

Question No. 3. Can a new director be hired before the previous director is dismissed to transfer affairs?

No. Head - sole executive agency enterprises. There cannot be two of them at the same time. The method of transferring cases can be fixed in the employment agreement in the section of responsibilities. For example, the clause may have the following content: “upon termination of the contract, the manager is obliged to transfer the affairs to his successor within 10 days.”

An alternative could be to hire the former director of fixed-term contract for transfer of cases or civil law.

An LLC cannot exist without a director. A situation where the previous director is fired and a new one is not appointed is unacceptable.

Question No. 4. The director must head a group of companies (several organizations). How to properly obtain permission for him to have a part-time job?

Such permission is reflected in the minutes of the general meeting. One document can reflect consent to part-time work in several companies at once.

Question No. 5. Can the director of an LLC be a part-time employee in another company?

A director can become a part-time worker in another company only with the consent of the main employer ( Art. 276 Labor Code of the Russian Federation). The requirement does not apply to managers who are the only founders; they can work part-time without any obstacles ( Art. 273 Labor Code of the Russian Federation).

So, hiring a director in an LLC is quite simple. The procedure is similar to the same procedure for other employees. A minimum package of documents, short processing times, no state duty is charged. To avoid misunderstandings, you should first clarify the paperwork requirements with the local tax office and banking institution. Personnel officers should know the features of the manager’s design associated with his special status.

One-click call

The hiring process for a manager is different from that of an ordinary employee. From our consultation you will learn what to do entries in the work book general director and what documents to indicate as the basis, as well as what needs to be taken into account when filling it out.

Why does a manager need

One of the important sources containing data on work history is sample director's work book. It is filled out a little differently than for ordinary employees. It is needed for correct calculation length of service and determining the amount of pension. But before answering the questions posed, briefly about the procedure for applying for a manager position.

How do you get hired as a boss?

The hiring scheme depends on the number of business founders. If the creator is one person, he simply draws up an application for given name. When there are several owners, a protocol or decision is drawn up. This document contains the opinion of all interested parties with the obligatory presence of their signatures. The further procedure is as follows:

1. Compilation labor contract, which will be signed between the future director and the chairman of the meeting of shareholders (participants of the company).
2. Issuing an order to take over as the head of the company (we highly recommend that you simultaneously draw up an order for hiring using the standard T-1 form in order to prevent different conflicts). Also see "".
3. According to the instruction of the Ministry of Labor No. 69 there is filling out the director's work book. (if the person does not have it in this document, buy a blank form).

Work book of the general director: appointment records

Personal data is entered on the first page: full name, date of birth, status of education received, profession and specialty. It is also necessary to mark the date of completion, put the signatures of the parties and the seal of the enterprise.

The section with information about work activity and position held is filled out as follows (see table).

At the time of election to the highest position, the candidate receives the right to sign documents on the appointment, dismissal and transfer of subordinates. Similar powers apply to one’s own candidacy. Therefore, in some situations, the book is filled out by the founder or chairman of the main management body of the company.

Work record: dismissal of the general director

Termination of industrial relations is possible for various reasons: closure of a business, decision of the owner or board of directors. Entering the necessary information about this into the work book is mandatory for management and representatives of the personnel service. The manager has the right to endorse this procedure (before the official termination of activities).

The following figure shows sample entry in the director's work book about dismissal using the data from the previous example:


Please note that the Pension Fund carefully checks documents when determining work experience. Some organizations that accept a new candidate for a leadership position do the same. Therefore, it is important that the work book is filled out correctly.

Question from Klerk.Ru reader Natalia (Nizhny Novgorod)

Please tell me what entry (and on what basis) needs to be made in the director’s work book in the following situation: LLC, two founders, one of them is a director elected by the meeting of founders. There is no one else in the organization. We kindly ask: please indicate in detail the wording of all necessary orders, protocols, etc., indicating the person whose signature should be on the document.

An entry on the employment of a general director (director) in the work book must be made in general procedure(Parts 3-4 of Article 66 Labor Code RF). Taking into account the specifics of hiring the head of an organization, it can be formulated as a record of appointment to the position of director (paragraph 3, clause 3.1 of the Instruction, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003).

The wording of the entry in the director’s work book about his hiring may be as follows: “Accepted to the position of director” or “Appointed to the position of director.” If the organization has structural divisions and a specific structural division is indicated in the employee’s employment contract, the entry in the employment record book includes the name of the division. For example, “Hired to the position of director in the administration.” In your situation, an entry in the director’s work book about his hiring must be made either on the basis of the minutes of the general meeting of the LLC’s participants, at which the decision to elect the director was made, or on the basis of the director’s order to take office (the choice remains with the employer) .

In accordance with clause 3.1 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003, when hiring an employee, the date and number of the order (instruction) or other decision of the employer, according to which the employee is hired. This formulation allows us to conclude that admission (appointment) to a position, in addition to the order, can be formalized by another decision. Thus, in column 4 of the work book, you can make a reference to the decision of the general meeting of participants (another decision of the employer, which is documented in the minutes).

As a rule, the director issues an order on his assumption of office in free form. Labor legislation does not require that such an order be issued in mandatory. However, in the opinion of Rostrud, it, along with the decision of the general meeting, can serve as the basis for making an entry in the director’s work book about his hiring (Rostrud letter No. 2894-6-1 dated September 22, 2010).

Based on the decision to appoint a director to the position, documented in the form of minutes of the general meeting of LLC participants, the organization must conclude with the director employment contract. In this case, an order can be issued to appoint a director to a position in free form, if at a meeting of the governing body (general meeting of participants) the issue of issuing such an order and who is assigned to sign it was decided. Such an order can be signed by a participant (founder) of the organization who is authorized by the general meeting of LLC participants. As a rule, this person signs an employment contract with the director on behalf of the employer. In your situation, it may be the second participant (founder) of the LLC, who is not elected director of the organization (Rostrud letter No. 5205-6-0 dated December 19, 2007).

In addition, it is necessary to issue an order to hire the director in form No. T-1 (approved by Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004), since he is hired according to the same rules as other employees of the organization. The director gets acquainted with the order against signature within three days from the date of actual start of work (Parts 1-2 of Article 68 of the Labor Code of the Russian Federation). Feature in in this case is that the director signs the order both as the head of the organization and as an employee. Labor legislation does not contain any prohibitions regarding this feature.

It’s very easy to get a personal consultation with Elena Shirimova online - you just need to fill out. Several of the best will be selected daily interesting questions, the answers to which you can read on our website.

Many employers have questions that are directly related to entries in the work book when it comes to hiring senior employees of the company, namely the general director. We will look at all the nuances of how such a recording should be done correctly.

Initially, in order to understand all the nuances of filling out a work book when a general director is hired, you need to know the procedure for drawing up documents such as an employment contract and a hiring order.

This need arises because the design of these papers also has its own characteristics.

How to properly draw up an employment contract: hiring a general director

An ordinary worker, when applying for any job, must write an application with a corresponding request addressed to the employer or the head of the company. But for the director there is no such rule. He is hired to work on the basis of a document such as a protocol of appointment this person for the position of executive officer - General Director. This protocol is signed by the founder of this company. What to do in the case when the future general director is the founder himself? This person signs the protocol on his appointment to a leadership position independently.

This agreement states:

1. Full name of the future general director.
2. Passport data.
3. Pension insurance certificate number.
4. Place of residence.
5. Address of the place of residence.

When the general director is hired by a joint-stock company, the contract with the applicant is signed by the chairman of the board of directors, and this can also be done by a representative authorized by one of the named governing bodies - Law on Joint-Stock Companies, Article No. 69, paragraph 3.

When a general director is hired by an LLC, this agreement with the applicant can be signed by one of the named persons - LLC Law, Article No. 40, paragraph 1:

1. Chairman of the general meeting of all participants of the LLC, at which this manager is elected.
2. LLC participant authorized general decision this meeting.
3. Chairman of the Board of Directors of the LLC.
4. A person who is authorized by the decision of the board of directors or supervisory board.

The moment when the company has one owner is also taken into account. In this option, the CEO must be appointed by that sole owner-shareholder. In the case where the future general director himself is the founder of the company, he signs an employment contract both for himself as a future employee and for himself as an employer.

Any of the above documents must be certified by the seal of the employing company.

How to correctly write an order for hiring a general director?

Since the employer’s employment contract with the future managerial employee (general director) has already been concluded, then on its basis it is necessary to issue a unified order for hiring this employee (form T-1, which is approved by the State Statistics Committee - Resolution No. 1 of 01/05/2004). In this case, this document is signed by the same person (the employer) who signed the previous document, a person authorized by the general meeting (board of directors) or the general director himself who is being hired.

Another nuance: another order must also be issued, recording the assumption of the position of this managerial employee - letter No. 5205-6-0 of Rostrud, dated December 19, 2007. This document contains the following information:

1. On what date does the CEO take up his position?
2. On what basis does this executive have the right to act on behalf of this company.

How should you fill out a work permit when hiring a general director?

The standard rule for all newly hired employees is a corresponding entry in the personal work book. To do this, in the relevant document of the General Director in the job information, you should indicate:

• full name of the employer company;
• its abbreviated name.

The serial number of this entry must be entered, the date when the general director was hired this position in this company.

The third column directly contains the record of the owner of the book being hired for this job. You also need to make a reference to the unified order for hiring this employee (this is the basis for his future work activity). The details of the decision are also written down authorized bodies employer company on the appropriate appointment - letter No. 2894-6-1 of Rostrud dated September 22, 2010.

Approved

Decree of the Government of the Russian Federation

EMPLOYMENT HISTORY

Job details

The Labor Code of an employee of any level and status is filled out in accordance with labor law regulations. It explains how to fill out work books, storage methods, regulations for their acquisition and much more.

Every employer must comply with the provisions of regulations. According to them, old work books and new ones are filled out. Failure to comply with these standards may result in administrative consequences.

It should not be surprising that general directors also have work records. These are hired specialists who work on a salary. But in their case, the entries are still made a little differently, and it is filled out, accordingly, a little differently.

Normative base

The process of making entries for the head of an enterprise is regulated by several legislative documents:

• Art. 66 Labor Code of the Russian Federation;
• Order of the Ministry of Labor No. 5205-6-0;
• Decision of the meeting of founders.

If the company's form of ownership is CJSC, LLC, etc., then the head of such a company is selected based on the results of the general meeting. At the same time, the chairman of the meeting approves the minutes, and this is precisely a statement of the fact about the appointment of a manager for the organization.

Part-time work

A rather rare situation in the activities of personnel services is the combination of posts with the general director. The current legislation of our state allows for such a possibility, and there is no dependence on the level of the position. When making an entry about part-time work, the provisions of the 69th instruction of the Ministry of Labor of 2003 are taken into account.

The requirements of this document prescribe the possibility of making records of part-time work, but this should be done exclusively by human resources specialists.

If the company does not have this service, such an entry cannot be made. And as a result, the basis for appointing a second post for a director can only be an order signed by the head of the enterprise, which is the main workplace for the general director.

To issue such an order, the general director will, in the usual manner, need to send an application about the possibility of combining posts to the manager. You will also need to attach the following documents: certificates from a workplace that is not the main one, and a copy of the order to take up a position at the same workplace. The director sends these documents to himself. And their provision is very important for the CEO himself.

Russian labor legislation is extremely flexible in relation to operations to fill out the labor code of the general director. In this case, HR specialists have the opportunity to appoint a general director at any enterprise. The most an important condition is the need to take into account the orders according to which information is entered into the books.

In case of transfer

In a situation where a transfer takes place during recruitment, an order and a statement must be attached to the documents listed above. These must be provided to confirm the businesses' translation approval process.

It turns out that the director gets a new job before leaving. When applying for admission to workplace, the director must wait for confirmation by the manager, who is hierarchically located above him, as well as for the release of the necessary order.

After his release, the newly appointed director must contact his old employer. According to this order, dismissal is carried out by transfer, and employment in the new place is also carried out by transfer. But if a meeting is necessary to make a decision, the described process cannot be canceled.

It can only be carried out at a time convenient for the appointed director. The process will not be possible after the employment order is issued.

The director will not have the right to accept employment after making a dismissal note if the transfer was associated with a third-party company. Transfers that were made in accordance with the personal document of the director provided for his dismissal to his previous workplace have the force of law.

Upon dismissal

If you make a mistake when making a dismissal entry, the book may be considered invalid until the error is corrected. The director may lose his position during this time.

A more serious problem may be the employer’s refusal to transfer a transfer for further employment after dismissal. And it is better not to make such entries without special reasons.

To issue a dismissal order, the director must provide confirmation from the new employer of employment for a position in another company.

The following will be considered as such confirmation:

• certified statement;
• copy of the appointment order;
• notification that the director has been hired for the position.

After this, the employer of the previous enterprise issues an order, and the transferred grounds must be included in his personal file. After the dismissal is completed, all documents remain with the previous employer. If everything was done properly, but problems still appeared, you will need to correct the record.