Employment contract (relationship) with the manager. Employment contract with the director of the LLC. Sample

An employment contract with the director of an LLC - a sample of this document is given in the Forms section at the beginning of the article - must be concluded in accordance with the general provisions of 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 of the Federal Law “On Companies...” dated 02/08/1998 No. 14, the general director of the 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 a company can take the position of its director without concluding an employment 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, and mandatory social contributions are not sent to extra-budgetary funds. 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, without concluding an employment contract, is not fulfilling his duties as a taxpayer.

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 must be made by the general meeting of the company's participants have the right to be made by this single founder.

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

Prepare a document containing the decision on the appointment of the general director and approve it.
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 (details about the nuances of concluding such an agreement can be found in the article: “Sample of a standard employment contract with an employee 2018 - 2019 (download form)".

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

Full name of the employee being hired (in this case, the general director), as well as 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 the 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 that establishes the procedure and rules for interaction between the employer (LLC) and the employee (its general director) is a rather complex 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

Don't know your rights?

Moscow, 03/26/2018

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.
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.

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.
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 the current legislation and establishes the procedure for resolving all the main issues that arise during the performance of the company's director of his labor duties, we invite you to download a sample employment contract for the general director of the LLC in the full version (located in the Instructions subsection in the Forms section beginning of the article).

Sample of filling out an employment contract with the general director of an LLC

In addition, it is worth remembering that when hiring the general director of an LLC, an order for his appointment to 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 the employee’s work book, you 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 make 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 fulfill 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.

The director (president, general director) of a limited liability company (hereinafter referred to as LLC) manages the entire organization and is recognized as the sole executive body of the enterprise (). At the same time, the director is an employee of the enterprise and he, like other employees, is subject to the Labor Code of the Russian Federation. Thus, an employment contract with the director of an LLC (a sample can be downloaded below) must comply with the general requirements for an employment contract specified in Article 57 of the Labor Code of the Russian Federation, but at the same time must reflect the peculiarities of the status of this employee, who manages the entire organization and bears full responsibility for the activities of the enterprise .

Agreement with the director: general conditions

An agreement with the director of an LLC, like any other employment contract for an LLC (a sample agreement with a director can be downloaded below), must contain the date and place of its conclusion, personal data of the employee (last name, first name, patronymic, passport details), information about the employer (name employer, his TIN, last name, first name, patronymic of the employer’s representative and details of the document on the basis of which this representative acts).

An employment contract for the director of an LLC (a sample can be downloaded below) must contain the following conditions:

place of work of the director;
the employee’s labor function, i.e., an indication that the employee performs the duties of a director of an LLC (the job responsibilities of the director can be specified in the job description);
the date from which the director must begin work;
working conditions of the director in the workplace. Based on Federal Law No. 426-FZ dated December 28, 2013, these conditions are indicated based on the results of an assessment of working conditions;
the amount and procedure for paying wages and other payments to the director, the working hours established for this employee, as well as rest periods;
employer's obligations for compulsory social insurance of the director;
the validity period of the contract when concluding a contract for a specific period (paragraph 8 of part 2 of Article 59 of the Labor Code of the Russian Federation). The duration of the contract is determined by the charter, or other constituent documents of the enterprise, or by agreement between the employee and the employer ().

Features of labor relations with the director

When concluding an employment contract with the general director of an LLC (see sample employment contract below), it is important to consider the following features:

before the signing of the employment contract, the director must be elected to this position by a decision of the general meeting of the LLC or, if established by the charter of the LLC, by the board of directors/supervisory board of the LLC ();
for damage caused to the enterprise, the director may be held fully liable ();
by virtue of Article 70 of the Labor Code of the Russian Federation, the probationary period for a director can be up to six months;
the director may be dismissed: 1) by the new owner of the organization’s property within 3 months from the date of acquisition of ownership rights in relation to the organization’s property with payment of appropriate compensation (clause 4 of part 1 of Article 81); 2) when the director makes an unjustified decision that results in failure/misuse or damage to the employer’s property (

What provisions should be included in the employment contract with the head of the company? Who should approve his candidacy and hire him? What if the director and founder are the same person? The answers to these and many other questions are in this material.

Regardless of what company the director heads - a small company or a large organization - he is sole executive body of a legal entity. The position may be called differently, but this does not change the essence. A small company is headed by a director or CEO, and the corporation may have the president. Moreover, there may be several directors: financial, commercial, and so on. But there is always one main person to whom all other leaders report. Most often this is the CEO.

Nuances of the agreement with the manager

Whatever the name of the position, from the employer’s point of view, the manager is the same hired person as other employees. Therefore, the provisions of the employment contract with the director, in general, do not differ too much from the agreement with persons occupying other positions. But still there are some peculiarities.

An agreement with the director can be concluded only organization. This means that an individual cannot hire a director. That is, there is no such thing as “director of an individual entrepreneur,” since this is not a form of organization, but the status of an individual. The main manager and responsible person in his business is the entrepreneur himself.

When drawing up an agreement with the director, you should be guided by the norms of the Labor Code, legislative acts of the Russian Federation and your region, as well as internal documents of the company. The agreement is drawn up in writing and signed on the part of the employer by the founder (if there is one) or the head of the general meeting of shareholders (owners).

Like any employment contract, the agreement with the director must include a number of mandatory provisions:

date and place of his imprisonment;
job title;
job description;
information about wages and compensation due to the manager;
information about the probationary period;
details of the employing organization and passport details of the director.

Note! A probationary period is applied only if the condition for its existence is specified in the employment contract.

But there are special clauses that should appear in the contract with the director, unlike other employees:

position about trade secrets and what measure of liability will arise if it is disclosed;
position on compensation in case of termination of employment relations with the manager (this amount cannot be less than 3 months’ earnings);
if the director's salary will exceed a quarter of the asset value organization, the contract must be approved by an advisory body.

But the provision that the director bears financial liability, is not at all necessary in the contract. The fact is that this responsibility arises by force of law, regardless of whether these provisions are spelled out in the contract or not.

Who chooses the director

A candidate for the position of director is selected or appointed depending on the form of ownership of the legal entity. The Labor Code provides several methods for electing/appointing a manager:

Holding a competition. This option is mandatory for state and municipal unitary enterprises.
Election at a meeting of members or the Board of Directors. Suitable for commercial organizations where there are several participants or a collegial board.
Appointment by the founder. This is how the candidacy of a director in an LLC with one participant is determined. Quite often in this case, the founder appoints himself as director, but another person can also be hired.

At the same time, the Code does not contain a closed list of procedures, that is, the director can be appointed in some other way.

What about the probationary period?

We mentioned above that a probationary period clause must be included in the contract. However, this is true in the case if the director has been appointed. If he is elected through a competition, then a probationary period is not established (Article 70 of the Labor Code of the Russian Federation).

The standard probationary period for any positions other than director is up to 3 months. But for a manager, a longer test is established - up to 6 months.

For what period is the contract concluded?

Typically, an employment contract is for an indefinite period - this applies not only to the director. They only have a deadline. For example, when a specialist is hired to replace an employee who has been absent for a long time. In this case, the period is determined by agreement of the parties and in accordance with the constituent documents of the employer. The contract must indicate why it is urgent. The maximum period for which a fixed-term employment contract can be concluded is 5 years.

Responsibility

The director, as a person making management decisions, bears financial responsibility. This is regulated by Article 277 of the Labor Code of the Russian Federation. There are no requirements to specify the corresponding provisions in the contract, but for information they can be included in it. Liability arises regardless of the presence of such provisions in the employment contract or the conclusion of an additional agreement on financial liability with the director. It occurs for damage or theft, as well as for losses caused by the actions or inaction of the manager.

Can the founder enter into an agreement with himself?

Very often the question arises of how to formalize the appointment of a director if he is the only founder. The legislation does not give a clear answer. There are no rules that would allow or prohibit this approach, so the issue is decided by the founder himself.

Let us note that the Ministry of Finance considers concluding an agreement with oneself to be unlawful (letter dated March 15, 2016 No. 03-11-11/14234). Officials explain that if the director and the founder are the same person, the fact of appointment must be formalized by the decision of the sole founder. But letters from the Ministry of Finance, as you know, are not legal acts, so The department’s opinion cannot be recognized as the unequivocally correct answer.

There are two points of view:

The Labor Code does not say that labor legislation does not apply to relationships with the head of the organization. This means that an employment contract must be concluded with the director. After all, for an employer, a director is almost the same employee as everyone else. This means that a fine may be imposed for the lack of agreement. Conclusion: despite the opinion of the Ministry of Finance, it is safer make a pact with yourself. In this case, the person signs both on behalf of the founder and on behalf of the director.
A contract with oneself has no meaning and is invalid. If the founder and director are the same person, then there is no need to conclude an employment contract. Moreover, payment of wages in accordance with such an agreement may be regarded as unreasonable expenses.

What to do? The safest option is to enter into an agreement with the director, but not include the costs of his salary in the income tax base.

Features of an agreement with a director in a state organization

When applying for a job as a director of a government institution, he, like any employee, must

obtain a passport, work book and tax identification number. In addition, he must submit: a certificate of his own income and property;
a similar certificate regarding the income and property of the spouse and minor children.

Certificates are submitted at the time of hiring and are updated annually.

You should know that a contract with the head of a state organization must be concluded in accordance with the standard form from the Government Decree No. 329 dated April 12, 2013. But an employment agreement with the director of a commercial company can be developed independently - there is no standard form provided.

Dismissal of the director

So, the director is a difficult worker. Moreover, the company cannot function without it. However, he can be dismissed on general grounds, like any other employee of the organization. Moreover, Article 278 of the Labor Code of the Russian Federation provides for additional grounds for dismissal of a director:

in accordance with the requirements of bankruptcy legislation (the director is dismissed due to removal from office);
in accordance with the decision of the owners or authorized body of the organization;
on other grounds specified in the employment contract.

However, there are cases when a director cannot be fired. However, this applies to any employee of the organization. All such situations are somehow related to children. You cannot fire:

a woman during pregnancy;
a woman with a child under three years of age;
single mother of a child under 14 years of age or a disabled child under 18 years of age;
another person who is raising a child under 14 years of age or a disabled child under 18 years of age without a mother;
a person who is the sole breadwinner of a child under 3 years of age, if there are three or more children in the family, or a disabled person under 18 years of age.

This does not mean that the persons mentioned cannot be fired. For this, there are special grounds for their dismissal, provided for in Articles 81 and 336 of the Labor Code of the Russian Federation.

An employment contract cannot be terminated if the employee is on vacation or sick leave. The exception is the liquidation of a company.

Important points of the employment agreement with the director

The preamble of the agreement with the manager is standard: it states the name of the document, the date of preparation and the city. Next, you should indicate who exactly enters into the contract:

Company represented by a representative, for example, the chairman of the general meeting of participants, the board of directors or the sole founder.
Future director.

It is also important to indicate the details of the document (minutes of the meeting of participants or the decision of the sole founder), on the basis of which the representative of the organization acts on its behalf.

In chapter " Subject of the agreement» it is necessary to indicate that the person is appointed to the position of director in accordance with the protocol or decision, and also to state the key working conditions. For example, that the director cannot combine this position with any others in third-party organizations, or can, but with the permission of the governing body. In the same section, it is recommended to include a provision on non-disclosure of information protected by law.

Employment contract - sample

Then they usually write obligations of the parties to the contract and their rights. It is necessary to indicate to whom the director reports (general meeting of participants, board of directors). It is also important to describe the manager’s job responsibilities, including ensuring the legal activities of the company he heads.

As for the rights of a manager, we emphasize the main ones:

act on behalf of the company without a power of attorney, represent interests and sign documents;
dispose of property and other assets of the organization;
represent it at the bank - open accounts, perform other transactions.

The employer, for its part, undertakes to provide the director with safe working conditions, payment of remuneration, a social package, and so on.

Among the rights of the organization are: terminate the employment relationship with the director in accordance with the laws and internal regulations.

An important point is the rules of remuneration

An employment contract cannot do without wage regulations. It is necessary to determine the size of the director’s official salary, incentive and compensation payments, and the terms of additional payment for overtime. In addition, the method of payment of wages is prescribed - cash or non-cash.

The agreement also includes provisions about social insurance and other guarantees.

Work and rest schedule, social insurance

It is necessary to register and work schedule: weekends, beginning and end of the working day, time and duration of breaks. Do not forget about the provisions on vacation - when the right to it arises, how payment is made, how to take vacation at your own expense, and so on.

Towards the end of the contract, it is necessary to mention that its information is confidential, and also state when it begins to take effect. The document ends with the details and signatures of the parties.

Responsibility of the parties, termination of the contract and final provisions

Signatures of the parties

Employment agreement (contract)
with the head of the enterprise, organization (chairman, general, executive director)

G._________ "___"_______20___

The SPK "_______" enterprise, represented by the authorized _____________________, acting on the basis of the minutes of the extraordinary general meeting ____________ No. dated ________ 20___, hereinafter referred to as the Employer, on the one hand, and full name _____________________, elected by the general meeting ______________, minutes No. __ from__________, hereinafter referred to as the Employee, on the other hand, have entered into this contract as follows:

Article 1.
1. This employment agreement (contract) regulates labor and other relations between the Employer and the Employee.
2. Work under this contract is the main place of work
Employee.

Article 2.
1. The Employer instructs the Employee to carry out management functions
enterprise on the right of economic management in compliance with the following
conditions: comply with the requirements of the Charter ___________, comply with the decisions of the general meeting, supervisory board, board.
2. The employee independently decides all operational issues
enterprises referred to its competence by this employment agreement (contract), the Charter, decisions of the general meeting, supervisory board, board and current legislation.

Article 3.
The employee has the right:
- act on behalf of the enterprise without a power of attorney;
- represent his interests in all domestic and foreign
enterprises, firms, organizations, etc.;
- dispose of the property and funds of the enterprise within the limits established by the charter;
- conclude contracts, incl. labor;
- issue powers of attorney;
- open current and other accounts in banks;
- issue orders and give instructions binding on all personnel
enterprises;
- determine the volume and composition of information constituting a trade secret
enterprise, as well as determine the procedure for its protection;
- exercise other powers provided for by the Charter.

Article 4.
The employee is obliged:
- manage the current activities of the enterprise;
- organize the work and effective interaction of production
units and structures of the enterprise;
- ensure the implementation of current and long-term plans of the enterprise;
- ensure the profitability of the enterprise;
- report to the general meeting within the time limits established by the Charter on
results of the enterprise's economic activities;
- ensure compliance with the law in the activities of the enterprise;
- maintain the commercial secrets of the enterprise;
- ensure timely payment of taxes in the manner and amount determined by current legislation;
- fulfill other duties assigned to him by the Charter of the organization or enterprise.

Article 5.
1. Non-fulfillment or improper fulfillment by the Employee of his
duties may serve as the basis for the general meeting to decide on the issue of early re-election and termination of the employment contract
(contract) at the initiative of the Employer.
2. In the event of material damage to the enterprise in
as a result of the Employee’s guilty behavior, he bears financial
liability in the amount of direct actual damage, but not more than:
- your average monthly earnings, if damage to the enterprise
caused by excessive cash payments, incorrect accounting and
storage of material or monetary assets, failure to take necessary measures
to prevent downtime, production of substandard products,
theft, destruction, damage to material or monetary assets;
- three monthly salaries if damage to the enterprise is caused due to
with payment for the time of forced absence or for the time of execution
lower paid work for an employee who was illegally dismissed or
transferred to another job at the initiative of the Employee, and also if
delayed the execution of the court decision to reinstate the employee to
work.
3. The employee bears financial responsibility in full
damage caused to the enterprise through his fault in cases expressly indicated
in the current labor legislation (or, list cases; ________, financial liability may be established for the manager by contract)
4. Damage that can be attributed to
categories of normal production and economic risk.

Article 6.
1. This contract is concluded for a period of 5 years from
_______ 20___ to ______20___
2. A new contract is concluded after the election of the chairman (director) for a new term.

Article 7.
Before the expiration of the term, the employment agreement (contract) can be terminated according to the following
reasons:
- by agreement of the parties;
- if the Employee is called up for military service for a period that does not allow him to perform his duties for a long time;
- in the event of the entry into force of a court verdict by which
The chairman is sentenced to a punishment that precludes the continuation of this work;
- if the Employee is elected to another elective position and is unable to perform previous duties;
- at the initiative of the Employee;
- at the initiative of the Employer.

Article 8.
At the Employee’s initiative, the contract may be terminated in the following cases:
- illness or disability that prevents you from performing work
contract;
- violation by the Employer of the terms of the contract;
- for other reasons established by law.

Article 9.
At the initiative of the Employer, the contract may be terminated in the following cases:
- liquidation, reorganization or repurposing of an enterprise;
- discovered inconsistency of the Employee with the position held when
absence of culpable actions on his part;
- a single gross violation by the Employee of his duties,
established by this contract;
- for other valid reasons.

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

Article 11.
Upon termination or rescission of the contract, all payments between
parties must be made on the day of dismissal.

Article 12.
1. The Employer pays the Employee
official salary in the amount of ___________ rubles per month
- allowance for special working conditions in the amount of ___________ rubles monthly;
- bonus in the amount of ____________ rubles monthly (quarterly);
- remuneration based on performance for the year in the amount of ___% of profit.
3. By agreement of the parties, the size and system of remuneration may be
revised.
4. From the amount of wages and from others established by law,
income The employee pays taxes in the amount and manner prescribed
current legislation.

Article 13.
1. For the Employee to fulfill his duties, he
Irregular working hours are established.

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

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

Article 16.
1. The employee is granted annual basic leave
duration _____ calendar days and additional for irregular working hours _____ calendar days.
2. Leave can be granted at any time during working hours
years by agreement of the parties.
3. By agreement between the Employer and the Employee, he may be sent on leave without pay, if this does not affect the normal operation of the enterprise.

Article 17.
1. The Employee is fully covered by benefits and guarantees,
established for employees of this enterprise by the current
legislation, industry regulations, collective
agreement and other regulatory acts of the enterprise.
2. The employee is subject to all types of state social
insurance for the period of validity of the contract.

Article 18.
The Employer undertakes to ensure the normal work of the Employee
provide him with a work office, telephone, office equipment, and vehicles.

Article 19.
To perform his duties, the Employee may travel to
business trips with payment in accordance with the current
legislation and agreement with the Employer.

Article 20.
A work book is maintained for the Employee in accordance with the current
legislation.

Article 21.
Damage caused to the Employee by injury or other damage
health related to the performance of his work duties,
subject to compensation in accordance with the law.

Article 22.
1. If a dispute arises between the parties, it is subject to
settlement through direct negotiations between the Employee and
Employer.
2. If the dispute between the parties is not resolved, then it is subject to
permission in court or otherwise if there are grounds for this in
law

Article 23.
1. The terms of the contract can only be changed by mutual
agreement of the parties.
2. All issues not regulated by this contract are subject to
permission in accordance with current legislation.

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

Employer: Chairman:

Details: Details:
__________________ ________________

signature signature

When hiring a manager for a company, one of the stages is concluding an employment contract with the general director. This process requires the parties to be aware. The algorithm for concluding such an agreement and all the subtleties concerning this are regulated by the Labor Code of Russia. It is also worth taking into account legal acts at different levels and constituent documents of legal entities.

Rules for signing an employment contract with the head of an LLC

A very important condition of the employment contract with the director of the LLC is that the employer is only a legal entity. To appoint a candidate for this position, an election or competition must take place. If employment is accomplished by any of the above methods, a probationary period is not provided. But if a leader is appointed, then he must go through it.

An employment contract is concluded for a set period of time, which is regulated by the charter or calculated by agreement of the parties.

The manager can combine the performance of his direct duties with another type of activity if this is approved by the employers, and this must be specified in the contract.

The agreement is always drawn up in writing, in two copies: one for the employee, the other for the LLC.

Hiring Director

During hiring, the hired manager provides a standard package of documents, like all other employees of the company. Registration for a job takes place in the general manner, as provided for by the Labor Code of the Russian Federation. The probationary period for the hiring manager must be a maximum of 6 months. If the hired manager is appointed through elections, then a fixed-term contract is concluded. When the term expires, the company's founders decide to continue or terminate cooperation. The contract specifies all the rights and obligations of the parties.

Director as the sole founder

In this situation, an employment contract with the director of the LLC is not concluded. The founder must draw up a protocol on the decision of the sole participant in the LLC he created. It consists of three points.

Appointment of the founder as a director of the company.
Rights, duties, and responsibilities of the general director.
The term of election is the one specified in the charter.

In fact, it turns out that this is the same employment contract, but with a different name.

Founding director

In this case, everything happens in the same order as in a situation where there is a single founder, but the protocol of appointment must be signed by all founders, except the appointed director, at the appropriate meeting.

Features of concluding an employment contract with a manager

The employment contract with the general director of the LLC must contain all the data relating to the manager and the employer. The indication of the decision on the basis of which this agreement was concluded is unconditional.

It must also have the name of the company, and the job functions must be described. It is worth indicating the possibility of part-time work. To avoid misunderstandings, there should be a description of all the duties and rights of the director in the contract or in the job description.

The signing of an employment contract with the director of the LLC is granted to the chairman of the meeting where the director was elected, or to a person authorized by the chairman or chairman of the Board of Directors.

Download a sample employment contract with the general director of the LLC

Contents of the employment contract with the head of the LLC

When drawing up an employment contract, you need to remember that it cannot contradict labor legislation. He must have the following information:

full name of the company and full name of the employee with whom the contract is concluded;
TIN of the employing company;
information about those authorized to sign the employment contract and details of the document that grants the person such rights;
date of agreement, place where the agreement was concluded;
list of responsibilities of the director;
the exact address of the place where the manager will work;
the period for which the contract was concluded.

Thus, before concluding a contract, you need to check it for inconsistencies. You need to look at the following points:

start date of the manager's work;
terms of payment;
social insurance.

The employment contract must be signed by both parties. The contract may have additional conditions that are not mandatory.

New procedure for drawing up an agreement with the general director

Hiring a director of an LLC has several stages. First, the candidate is checked for restrictions that prevent him from taking the position. Then the package of submitted documents is reviewed. Next, a constituent meeting is held where a decision will be made. The next stage is signing an employment contract, drawing up an appointment order, making an entry in the work book, drawing up a manager’s card, sending a message to the tax service that the personnel composition has changed. The last stage is the act of transferring cases.