Sample in a separate division of the employment contract. Employment contract with the head of a separate division

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Sample employment contract
with the head of a separate structural unit

date and place of signing

___(full name of the employing organization) ___, represented by ___ (position, full name) ___, acting on the basis of _________________, hereinafter referred to as the "Employer", on the one hand, and ___ (name of the employee) ___, hereinafter referred to as the "Employee", who (th) appointed to the position ___ (name of position and separate structural subdivision of the organization) ___, hereinafter referred to as the "Subdivision", on the other hand, have entered into this employment contract as follows:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. This employment contract regulates the relationship between the Employer and the Employee related to the performance by the latter of the duties of the head of a separate structural unit of the Employer.

1.2 Work for the Employer is for the Employee: ____________________.
(basic, by

part-time)

1.3. This employment contract is concluded for an indefinite period.

1.3*. This employment contract on the basis of (because of) ______________ in accordance with the requirements of Art. 59 of the Labor Code of the Russian Federation is concluded for a period of _____________.

1.4. The employee begins to perform his duties from "__" __________ 200_.

1.5. The employee is given a trial period of months (weeks, days).

1.6. This employment contract shall enter into force on "__" __________ 200_.

2. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

2.1. The Employee manages the activities of a separate structural unit of the Employer in the manner determined by ___________

________________.

(charter, regulation on the subdivision, etc.)

2.2. In internal organizational relations, the Employee, as the head of a separate structural unit of the Employer, acts within the powers granted to him by the regulation on the unit, job description(other local regulations legal acts Employer), in external civil and economic relations related to the activities of the unit, the Employee acts on behalf of the Employer on the basis of a power of attorney issued to him.

2.3. Represent the interests of the Employer in relations with employees of a separate structural unit The employee has the right within the powers determined in accordance with labor legislation Russian Federation founding documents and local regulations Employer, in particular: __________________.

2.4. The employee has the right to:
- providing him with work stipulated by this employment contract;
- ensuring safety and working conditions corresponding to state regulatory requirements labor protection;
- timely and in full payment of wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed;
- ...

The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

2.5. The employee is obliged:
- conscientiously fulfill their labor duties assigned to him by this employment contract, perform established norms labor;
- comply with the internal labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer, directly related to the work activity of the Employee, with which the Employee was familiarized against signature;
- observe labor discipline;
- take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees;
- 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 property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, the property of other employees;
- during the term of this employment contract and after its termination for ______ years, do not disclose a secret protected by law (state, commercial, official and other secrets) that became known to the Employee in connection with the performance by him job duties;
- ...

The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract.

3. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

3.1. The employer has the right:
- demand from the Employee conscientious performance of duties under this employment contract;
- adopt local acts directly related to the work activity of the Employee, including internal labor regulations, requirements for labor protection and ensuring labor safety;
- bring the Employee to disciplinary and financial liability in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws;
- encourage the Employee for conscientious efficient work;
- in unilaterally change the content of the powers of the Employee as the head of a separate structural unit without changing the labor function;
- ...

The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

3.2. The employer is obliged:
- provide the Employee with work stipulated by this employment contract;
- ensure the safety and working conditions of the Employee that comply with state regulatory requirements for labor protection;
- provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
- pay in full size due to the employee wages in deadlines;
- ...

The employer performs other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this employment contract.

4. PAYMENT AND SOCIAL GUARANTEES

4.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary in the amount of:
- official salary, wage rate in the amount of ___________ per month;
- compensation payments: _________________, the payment of which is made in the manner prescribed by ____________________;
- incentive payments: _________________, the payment of which is made in the manner prescribed by ____________________;
4.3. Payment of wages to the Employee is made in the terms and in the manner established by the collective agreement, internal labor regulations, other local regulations of the Employer.

4.4. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.

5. WORKING AND REST TIME

5.1. The employee is set the following working hours _______. (normal, reduced, part-time)

5.2. Working hours (working days and weekends, start and end times) are determined by the internal labor regulations in force at the Employer.

5.3. The following features of the mode of work are established for the employee ___________.

5.4. The employee is provided with an annual basic paid leave of ____ calendar days.

5.5. The employee is granted an annual additional paid leave of ____ duration in connection with _____ (the basis for establishing

_________________________.

extra leave)

6. AMENDMENT AND TERMINATION OF AN EMPLOYMENT CONTRACT

6.1. Each of the parties to this employment contract has the right to raise with the other party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the parties, are drawn up additional agreement which is an integral part of the employment contract.

6.2. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

7. FINAL PROVISIONS

7.1. Labor disputes and disagreements of the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the commission on labor disputes and (or) the court in order, established by law Russian Federation.

7.2. In the part not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation, constituent documents, the collective agreement, local regulatory legal acts of the Employer.

7.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the personal file of the Employee, the second - with the Employee.

_________________________ "__" __________ 20__ (city, locality) __________________________________________________________________________, (full name of the employer organization) represented by ___________________________, acting on the basis of _____________ (position, full name) __________________, hereinafter referred to as the "Employer", on the one hand, and _________________________________, hereinafter referred to as the "Employee", (full name of the employee) who is appointed to the position ______________________________________ (name of the position and ________________________________________________________________________________, a separate structural unit of the organization)

hereinafter referred to as the "Subdivision", on the other hand, have entered into this employment contract as follows:

1. Subject of the employment contract

1.2 Work for the Employer is for the Employee: ____________________. (main, part-time)

1.3. This employment contract is concluded for an indefinite period.

1.4. The employee begins to perform his duties from "__" __________ 20__.

1.5. The employee is given a trial period of months (weeks, days).

1.6. This employment contract shall enter into force on "__" __________ 20__.

2. Rights and obligations of the Employee

2.1. The Employee manages the activities of a separate structural unit of the Employer in the manner determined by ___________ ________________________________________________________________________. (charter, regulation on the subdivision, etc.)

2.2. In internal organizational relations, the Employee, as the head of a separate structural unit of the Employer, acts within the powers granted to him by the regulation on the unit, job description (other local regulatory legal acts of the Employer), in external civil and economic relations related to the implementation of the activities of the unit, the Employee acts on behalf of Employer on the basis of a power of attorney issued to him.

2.3. Represent the interests of the Employer in relations with employees of a separate structural unit The employee has the right within the framework of the powers determined in accordance with the labor legislation of the Russian Federation by the constituent documents and local regulations of the Employer, in particular: __________________.

2.4. The employee has the right to:

Providing him with work stipulated by this employment contract;

Ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

2.5. The employee is obliged:

To conscientiously fulfill his labor duties assigned to him by this employment contract, to comply with the established labor standards;

Comply with the internal labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer that are directly related to the work activity of the Employee, with which the Employee was familiarized against signature;

Observe labor discipline;

Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees;

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, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, the property of other employees;

During the term of this employment contract and after its termination for ______ years, do not disclose a legally protected secret (state, commercial, official and other secret) that has become known to the Employee in connection with the performance of his labor duties;

The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract.

3. Rights and obligations of the Employer

3.1. The employer has the right:

Require the Employee to conscientiously fulfill the obligations under this employment contract;

Adopt local acts directly related to the work activity of the Employee, including internal labor regulations, labor protection and labor safety requirements;

Bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Encourage the Employee for conscientious efficient work;

Unilaterally change the content of the powers of the Employee as the head of a separate structural unit without changing the labor function;

The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

3.2. The employer is obliged:

Provide the Employee with work stipulated by this employment contract;

Ensure the safety and working conditions of the Employee in accordance with state regulatory requirements for labor protection;

Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

Pay in full the wages due to the employee on time;

4. Remuneration and social guarantees

4.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary in the amount of:

Official salary, wage rate in the amount of ___________ per month;

Compensation payments: ______________________________, the payment of which is made in the manner prescribed by ____________________;

Incentive payments: ______________________________, the payment of which is made in the manner prescribed by ____________________;

4.3. Payment of wages to the Employee is made in the terms and in the manner established by the collective agreement, internal labor regulations, other local regulations of the Employer.

4.4. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.

5. Working time and rest time

5.1. The employee is set the following working hours _______________________________________________________________. (normal, reduced, part-time)

5.2. Working hours (working days and weekends, start and end times) are determined by the internal labor regulations in force at the Employer.

5.3. The following features of the mode of work are established for the employee ___________.

5.4. The employee is provided with an annual basic paid leave of ____ calendar days.

5.5. The employee is granted an annual additional paid leave of ____ duration in connection with __________________________________ (the basis for establishing _________________________. additional leave)

6. Change and termination of the employment contract

6.1. Each of the parties to this employment contract has the right to raise with the other party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the parties, are drawn up by an additional agreement, which is an integral part of the employment contract.

6.2. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

7. Final provisions

7.1. Labor disputes and disagreements of the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.

7.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the personal file of the Employee, the second - with the Employee.

Employer Employee ____________________________________ ____________________________________ (name of organization) (full name) ____________________________________ ____________________________________ (address of organization) (address of place of residence) TIN ________________________________ Passport (other identification document) ___________ ______________ _______ /___________/ series ______________ N _____________ (position signature (decoding) issued by ______________________________ of the person, date of issue "__" ___________ ____ of the signatory of the contract) _________________________ signature The Employee received one copy of this employment contract ____________________________________ (date and signature of the Employee)

"Personnel issue", 2012, N 1

EMPLOYMENT CONTRACT WITH THE HEAD OF A SEPARATED UNIT

When making labor relations with the head of the branch, representative office, all actions provided for by the current labor legislation should be carried out. In the article we will consider the features of labor relations with the head separate subdivision, and also give a standard form of an employment contract with the specified person.

Article 55 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) determines that a representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of a legal entity and protects them.

A branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it.

If the organization has created branches and representative offices, then the charter of the organization must contain information about them (clause 5, article 5 of the Federal Law of February 8, 1998 N 14-FZ "On Limited Liability Companies", clause 6, article 5 of the Federal Law dated December 26, 1995 N 208-FZ "On joint-stock companies", clause 5, article 5 of the Federal Law of November 14, 2002 N 161-FZ "On state and municipal unitary enterprises", clause 2, article 5 of the Federal Law of May 8, 1996 N 41-FZ "On production cooperatives").

According to paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney. Note that this norm is imperative and does not allow for broad interpretation.

Thus, the head of separate structural divisions acts on behalf of the organization (employer) on the basis of the position and power of attorney. This information must be reflected in the employment contract with the head of the branch or other separate subdivision.

The attention of readers should be drawn to the fact that the power of attorney and the employment contract must necessarily define the rights of the head of a separate subdivision to sign personnel documents on behalf of the employer (for example, orders for admission, dismissal, relocation, etc.). Such powers of the head of the branch are determined by the parent organization, since, in accordance with Art. 55 of the Civil Code of the Russian Federation, in order for the head of the branch to have the right to hire and dismiss employees, it is necessary to consolidate these powers, for example, in an employment contract, a power of attorney.

In the absence of documentary confirmation of the authority of the head of the branch to sign personnel documentation, a situation may arise when an employee dismissed, for example, by the head of the branch, will be reinstated due to the fact that the documents were signed by a person who does not have the right to do so.

According to paragraph 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation N 6, the Plenum of the Supreme Arbitration Court of the Russian Federation N 8 of July 1, 1996 "On some issues related to the application of the first part of the Civil Code of the Russian Federation", the powers of the head of the branch (representative office) must be certified by a power of attorney and not may be based only on the instructions contained in the constituent documents of the legal entity, the regulations on the branch (representative office), etc., or appear from the situation in which the head of the branch operates.

Thus, the main documents regulating the rights, duties, terms of reference of the head of the branch, representative office are:

Articles of association;

Regulations on the branch;

Power of attorney issued by the organization.

A power of attorney issued to the head of a branch or representative office must be drawn up in compliance with the rules specified in Art. 185 of the Civil Code of the Russian Federation, namely:

Have the signature of the head of the parent organization or another person authorized to do so by the charter of the parent organization;

Must be certified by the seal of the parent organization.

The power of attorney of the head and the regulation on a separate subdivision must necessarily contain an indication of the transactions that he is entitled to make. If there is such an indication, transactions made by the head of a branch (representative office) should be considered concluded on behalf of a legal entity.

Based on paragraph 2 of Art. 188 of the Civil Code of the Russian Federation, a legal entity that has issued a power of attorney to the head of a separate subdivision has the right to cancel the power of attorney or reassignment at any time, and the head of the separate subdivision to which the power of attorney has been issued - to refuse it.

Note! when drawing up personnel documents for employees of a separate subdivision, including its head, it is necessary to indicate the name of the branch, representative office without abbreviation, exclusion of individual words or other changes in the name specified in the charter.

With the head of the branch (representative office), as with any employee of the organization, an employment contract must be concluded, after which an order for employment is issued (form N T-1).

A feature of the employment contract with an employee of a separate subdivision is that it should reflect not only the place of work (for example, Vera LLC), but also indicate a specific separate subdivision and its location (part 2 of article 57 Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation)).

Conclusion of an employment contract

with the head of a separate division

First of all, we note that an employment contract with the head of a branch can be concluded both for an indefinite period and for a fixed period (fixed-term employment contract). If a fixed-term employment contract is concluded with the head of a separate subdivision, then its validity period is determined by the constituent documents of the organization or by agreement of the parties (Article 275 of the Labor Code of the Russian Federation). Note that the validity period, as well as the circumstances (reasons) that are the basis for concluding an agreement for a certain period, in accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation must be indicated in the employment contract.

Labor relations with the head of a separate subdivision may be preceded by any procedures specified in Art. 16 of the Labor Code of the Russian Federation, the cases and procedure for which are established by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization (holding a competition, election or appointment to a position, etc.).

As a rule, the head of the organization independently decides on the appointment of a person to the position of head of a separate subdivision, unless otherwise established by regulatory legal acts and (or) documents of the organization. For example, in accordance with Art. 11.1 of Federal Law No. 395-1 of December 2, 1990 "On Banks and Banking Activity" (hereinafter referred to as Law No. 395-1), a credit institution is obliged to notify the Bank of Russia in writing of all proposed appointments to the positions of the head (his deputies) of branches credit organization. The Bank of Russia, within a month from the date of receipt of the notification, agrees to the indicated appointments or submits a reasoned refusal in writing on the grounds provided for in Art. 16 of Law N 395-1. It should be noted that compliance with the above procedure is not mandatory for heads of representative offices and heads of other separate structural divisions of a credit institution.

As mentioned above, according to Art. 57 of the Labor Code of the Russian Federation, the place of work is mandatory for inclusion in an employment contract with the head of a separate structural unit, and if the organization’s unit is located in another locality, that is, in a locality outside the administrative-territorial boundaries of the corresponding locality where the organization itself is located - the place of work indicating this unit and its location. In this case, the Labor Code of the Russian Federation does not establish any exceptions.

In turn, when applying the provisions of Art. 72.1 of the Labor Code of the Russian Federation on the transfer of a manager to another job, it should be taken into account whether the labor functions of the manager and (or) the location of the structural unit will be changed. If the employment contract with the head of a separate structural unit specifies only the type of unit without specifying its location and full name, for example, a branch, then we can talk about transferring to another job only if an employee is appointed, for example, to the position of head of a representative office, if All other things being equal, we are talking about displacement.

In the employment contract, it is also necessary to distinguish between the labor function and powers of the head of the unit. The powers defined by the employer in local acts and (or) defined in the power of attorney issued to the head of a separate subdivision, if they are not specified in the employment contract, are subject to change by the employer unilaterally, which does not entail the consequences established by Art. 72.1 of the Labor Code of the Russian Federation. We can talk, for example, about changing the scope of powers in terms of concluding transactions for a certain amount of money, etc.

According to Art. 70 of the Labor Code of the Russian Federation for heads of branches, representative offices and other separate structural divisions of organizations probation when applying for a job can not be set for more than six months.

In accordance with Art. 73 of the Labor Code of the Russian Federation, an employment contract with the heads of branches, representative offices or other separate structural divisions, their deputies who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in accordance with paragraph 8 hours 1 tbsp. 77 of the Labor Code of the Russian Federation. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, and an employment contract.

The procedure for terminating employment contracts with the head

upon termination of activities of branches and representative offices

In accordance with Part 4 of Art. 81 of the Labor Code of the Russian Federation in the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization.

Another locality is understood as an area outside the administrative-territorial boundaries of the corresponding settlement, which is indicated in the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation". In other words, the area is limited by the administrative-territorial boundaries of the city, town, village and other settlement.

As explained by the Constitutional Court of the Russian Federation in Ruling No. 144-O of April 21, 2005, termination of an employment contract with employees working in a separate structural unit of an organization located in another locality is carried out according to the rules provided for in cases of liquidation of an organization, only when the employer decided to terminate the activities of such a structural unit, since this actually means the termination of the activities of the organization itself in this area.

Thus, if the employer dismisses the head of the branch, then he is obliged to offer the dismissed employee another job only in the area where he actually works. In the absence of other separate subdivisions in this area, the director of the separate subdivision is dismissed according to the procedure provided for during liquidation.

Given the special legal status the head of the organization and heads of separate subdivisions, the current legislation equates the fact of their violation of labor legislation and other acts containing labor law norms, the terms of the collective agreement, agreements to the fact of committing a disciplinary offense. Article 195 of the Labor Code of the Russian Federation determines that these officials may be involved in disciplinary responsibility in case of confirmation of the fact of violation up to dismissal in the manner prescribed by Art. 193 of the Labor Code of the Russian Federation.

At the same time, the head of a separate structural unit can be applied disciplinary action in the form of dismissal on the grounds provided for in paragraphs 9 and 10 of Part 1 of Art. 81 of the Labor Code of the Russian Federation: for a single gross violation of labor duties and in the event of an unreasonable decision that entailed a violation of the safety of property, its misuse or other damage to the property of the organization. Moreover, on the indicated grounds, the employment contract can be terminated only with the heads of branches and representative offices.

It should be emphasized that the provisions of Art. Art. 73, 81 and 195 of the Labor Code of the Russian Federation also apply to deputy heads of separate structural divisions of the organization.

Here is a standard form of an employment contract with the head of a separate structural unit.

_________________________ "__" _____________ 20__

(city, town)

______________________________________________________________________,

(full name of the employing organization)

represented by ___________________________________________, acting on the basis of

(position, full name)

Hereinafter referred to as the "Employer",

on the one hand, and _________________________________________________________,

(Full name of the employee)

hereinafter referred to as the "Employee" who is appointed to

job title _________________________________________________________________

(name of position and separate structural

Hereinafter referred to as the "Division", with

departments of the organization)

on the other hand, have entered into this employment contract as follows:

1. Subject of the employment contract

1.2. Working for the Employer is for the Employee: ____________________

(basic, by

_________________.

part-time)

1.3. This employment contract is concluded for an indefinite period.

1.4. This employment contract on the basis of (because of) ________________ in accordance with the requirements of Art. 59 of the Labor Code of the Russian Federation is concluded for a period of ______________.

1.5. The employee begins to perform his duties from "__" _________ 20__.

1.6. The employee is given a trial period of _____ months (weeks, days).

1.7. This employment contract comes into force on "__" _________ 20__.

2. Rights and obligations of the Employee

2.1. The employee manages the activities of a separate

structural unit of the Employer in the manner determined by ___________

____________________________________________.

(charter, regulation on the division, etc.)

2.2. In internal organizational relations, the Employee, as the head of a separate structural unit of the Employer, acts within the powers granted to him by the regulation on the unit, job description (other local regulatory legal acts of the Employer), in external civil and economic relations related to the implementation of the activities of the unit, on behalf of the Employer on on the basis of a power of attorney issued to him.

2.3. Represent the interests of the Employer in relations with employees of a separate structural unit The employee has the right within the powers determined in accordance with the labor legislation of the Russian Federation by the constituent documents and local regulations of the Employer, in particular: ____________.

2.4. The employee has the right to:

Providing him with work stipulated by this employment contract;

Ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

2.5. The employee is obliged:

To conscientiously fulfill his labor duties assigned to him by this employment contract, to comply with the established labor standards;

Observe labor discipline;

Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees;

During the term of this employment contract and after its termination for _____ years, do not disclose a secret protected by law (state, commercial, official and other secrets) that became known to the Employee in connection with the performance of his labor duties;

The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract.

3. Rights and obligations of the Employer

3.1. The employer has the right:

Require the Employee to conscientiously fulfill the obligations under this employment contract;

Adopt local acts directly related to the work activity of the Employee, including internal labor regulations, labor protection and labor safety requirements;

Bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Encourage the Employee for conscientious efficient work;

Unilaterally change the content of the powers of the Employee as the head of a separate structural unit without changing the labor function;

The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

3.2. The employer is obliged:

Provide the Employee with work stipulated by this employment contract;

Ensure the safety and working conditions of the Employee in accordance with state regulatory requirements for labor protection;

Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

Pay in full the wages due to the employee on time;

4. Remuneration and social guarantees

4.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary in the amount of:

Official salary, wage rate in the amount of _________ per month;

Compensation payments: ________________________, the payment of which is made in the manner prescribed by _______________________;

Incentive payments: ____________________________, the payment of which is made in the manner prescribed by ____________________________.

4.2. Payment of wages to the Employee is made in the terms and in the manner established by the collective agreement, internal labor regulations, other local regulations of the Employer.

4.3. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.

5. Working time and rest time

5.1. The employee is assigned the following working hours

time __________________________________________________________________.

(normal, reduced, part-time)

5.2. Working hours (working days and weekends, start and end times) are determined by the internal labor regulations in force at the Employer.

5.3. The following features of the mode of work are established for the employee _________________________.

5.4. The employee is provided with an annual basic paid leave of ____ calendar days.

5.5. The employee is provided with an annual additional paid

leave of duration _______ in connection with _______________________________

(the basis for establishing

________________________.

extra leave)

6. Change and termination of the employment contract

6.1. Each of the parties to this employment contract has the right to raise with the other party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the parties, are drawn up by an additional agreement, which is an integral part of the employment contract.

6.2. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

7. Final provisions

7.1. Labor disputes and disagreements of the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.

7.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the personal file of the Employee, the second - with the Employee.

Organizations that include separate divisions quite often make mistakes in the preparation of staff documentation. Therefore, we will devote this article to an analysis of how employment in a separate division can be carried out. , who can fill out work books for employees, can a branch have its own staffing table, etc.

According to Article 55 of the Civil Code of the Russian Federation, a separate subdivision is a representative office of a legal entity located outside the place of the permanent location of the latter, representing its interests and ensuring their protection.

Characteristic features of a separate structural unit:

is not a legal entity;
must be indicated in the constituent documentation of the legal entity that created it;
endowed with the property of the legal entity that formed it;
is registered with the tax authority at the address of the actual location.

If a separate subdivision is a branch of a legal entity, then it performs all the functions of the latter, including the functions of a representative office.

At the legislative level, how personnel accounting in organizations with separate divisions should be carried out has not been established. Therefore, the right to choose, whose duties will include the hiring and dismissal of personnel of a separate unit, who will have to issue orders regarding labor activity, where work books are stored and who fills out work books, etc., is provided to the employer.

If there are relatively few branches and representative offices in the organization, and, consequently, the staff is small, then personnel records management is often carried out centrally. Such organization of document circulation provides for the following:

all personnel documentation (orders, orders, employment contracts, acts, etc.) are certified by the head of the enterprise;
all documentation, including work books, is stored in the main organization;
maintenance of personnel documents and their transfer to the parent company is carried out by one of the employees of a separate division.

Registration of an employee in a branch / representative office

Employment in separate structural units is carried out by concluding an employment contract with the applicant, which is signed by the head of this unit on the part of the employer.

It should be noted that in this case, it is not the branch / representative office that acts as the employer, but the organization itself represented by the head of the institution. The preamble to the cooperation contract should indicate: “Trudovik Limited Liability Company represented by the director of the Pervomaisky branch of LLC Kontakt Ostap Ostapovich Astapov, acting under power of attorney No. 111111 of 10/10/14, hereinafter referred to as the Employer”.

According to Article 57 of the Labor Code of the Russian Federation, in case of employment in a separate structural unit, the contract must indicate that the proposed place of work will be provided in the specified representative office / branch, as well as the location of the latter.

The details of the contract must contain the details of the parent organization, that is, for the above example, Trudovik LLC.

Before signing a cooperation contract, an employee in without fail must be familiarized with:

collective agreement (if any);
internal regulations;
other regulatory acts of a local type that directly relate to labor activity in a substituted position.

After the conclusion of the cooperation agreement, the head of the branch / representative office issues an order in the form No. T-1 on hiring the employee. This order must be submitted for familiarization against signature to a new employee within a three-day period from the moment he begins to perform his job duties established by the contract.

In accordance with the labor legislation of Russia, employers maintain work books for all persons who have worked for them for more than five days, if for the latter the place of work occupied in the organization of this employer is the main one.

So, according to the order, an authorized employee makes an entry in the work book about hiring in a separate unit. This record can be represented as follows: heading - “LLC Trudovik”, in the first column - the serial number of the mark, in the second column - the date of employment according to the order, in the third column - “Employed in the Pervomaisky branch in the sales department for the position" , in the fourth column - the date and number of the administrative document.

Employment: Video

The choice of the method of conducting personnel records management in a separate division

Analyzing the above, it can be noted that how personnel accounting will be carried out in a separate structural unit depends on the chosen method of personnel workflow - centrally or locally. Both options have both pluses and minuses, so the choice here depends entirely on the preferences of the employer.

With the centralized regulation of labor relations, it is necessary to think over in detail and document the procedure and terms for redirecting personnel documentation, taking into account the terms determined by labor legislation. In the case of transferring authority to manage labor relations directly to the head of the branch / representative office, it is very important to correctly draw up the relevant documentation: a power of attorney, regulations on the representative office / branch, an order to appoint a person responsible for storing the seal, registration and storage work books, etc.

Common to both options is the procedure for compiling the staffing table, internal labor regulations and other local regulations. The staffing table is approved by the relevant order on the organization, and contains all separate divisions. The original of this act is kept at the main office, and in each separate subdivision there is an extract from it, certified by an authorized person.

The internal labor schedule is approved by the head of the organization with the participation of the representative body of employees. The original of these Rules is located at the head office, and for subdivisions (branches, representative offices) copies are made, which the authorized person certifies with a seal and signature.

Labor relations in separate divisions of the organization

In the process of extensive growth, it becomes necessary for the organization's interests to go beyond the region. Consider the practical aspects of the creation and functioning of labor relations in separate divisions.

Appointment of the head of the division

Recall, according to the direct instructions of paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, the heads of representative offices and branches are appointed by the head of the legal entity and act on the basis of his power of attorney. In accordance with paragraph 1 of Art. 5 LLC Law 2 branches and representative offices are established by decision general meeting members of the society. In joint-stock companies, the creation of branches and representative offices falls within the competence of the board of directors of the company 3 . At the same time, representative offices and branches must be indicated in the constituent documents of the legal entity that created them. Changes in the charter of the organization come into force for third parties from the moment of proper notification of the establishment of a branch (representative office) of the body that carries out state registration of legal entities.

According to Art. 61 of the Labor Code of the Russian Federation, an employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise provided by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his representative .

As the Supreme Court of the Russian Federation points out in the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", it should be borne in mind that the representative of the employer is a person who, in accordance with the law, other regulatory legal acts, constituent documents of a legal entity (organization) or local regulations or by virtue of an employment contract concluded with this person, is empowered to hire employees, since it is in this case that when the employee is actually admitted to work with the knowledge or on behalf of such a person, labor relations arise in separate subdivisions (Article 16 of the Labor Code of the Russian Federation) and the employer may be required to draw up an employment contract with this employee in a proper manner.

In addition, even earlier, the Supreme Court of the Russian Federation in paragraph 9 of the Resolution of the Plenum of the Supreme Court of December 22, 1992 No. 16 “On some issues of application by the courts of the Russian Federation of legislation in resolving labor disputes” pointed out that the courts need to take into account that an employment contract (contract) is considered concluded if the performance of work without issuing an order (instruction) is entrusted by an official with the right to hire, or when the work was performed with his knowledge.

Thus, in order to appoint the head of a branch or representative office, the following actions must be taken:

the general meeting of participants (board of directors) must decide on the establishment of a branch or representative office, determine its location and basic parameters of functioning, decide on making appropriate changes to the Charter of the organization;
the sole executive body of the company must send a notification to the tax authority on the establishment of a branch (representative office);
the sole executive body of the company (general director) must, by his order, amend the staffing table of the organization, determining the number of staff units of the branch (representative office) employees and their official salaries;
issue an order to conclude an employment contract with the head of the branch or otherwise carry out actions indicating his actual admission to work.

Controversial moments of competence when concluding an employment contract

The conclusion of an employment contract with the employees of a branch (representative office) before the decision of the authorized body of the organization on their creation seems, in our opinion, disputable.

On the one hand, until the decision to establish a branch (representative office) is made, the organization does not have jobs, staff units and a budget to receive these persons. Moreover, their creation by decision CEO represents the actual creation of a branch (representative office) and can be considered as exceeding its powers. As for the actual admission to work, in this case, a number of questions remain: how can an employee be allowed to work, whose labor function is not defined, and it is technically impossible to determine it in the absence of a decision to create a separate subdivision. How is the actual admission in the absence of a workplace?

Therefore, it can be assumed that the right to conclude employment contracts with employees of a branch (representative office) arises from the sole executive body only after a decision has been made to create such a unit by a higher management body in the company. At the same time, the conclusion of an employment contract is possible even before the notification of the registration authorities, since for the organization itself the decision to establish a branch takes effect immediately after its adoption.

On the other hand, the sole executive body is endowed with general powers to conclude labor contracts. Moreover, from a formal point of view, it does not matter whether the organization can provide an employee with a workplace and the opportunity to exercise labor activity. The situation when an employee has been idle since the conclusion of an employment contract looks a little absurd, but in principle it is possible. Thus, one can imagine a situation where employment contracts have been concluded, but a branch or representative office has not yet been created, labor relations in separate divisions acquire a special character. It seems that in such a situation, the founders (shareholders) have the right both to subsequently approve the actions of the general director and to exercise their right to hold him accountable for illegal actions that led to losses. At the same time, according to Art. 277 of the Labor Code of the Russian Federation, the head of the organization bears full liability for direct actual damage caused to the organization.

A separate subdivision that is not a branch (representative office)

Note that the creation of a separate subdivision that is not a branch (representative office) is easier. Due to the fact that there is no need to make changes to the constituent documents of the legal entity. Such a unit is created by the actual actions of the organization to equip stationary workplaces outside the location of the organization itself. At the same time, as follows from the numerous clarifications of the regulatory authorities, such a unit is considered to be created from the moment it begins its activities, that is, from the moment when the first employment contracts are concluded with employees 6 . From that moment on, the organization has an obligation to notify tax office(clause 4, article 83 of the Tax Code of the Russian Federation) at the location of a separate subdivision on its creation, as well as the obligation to pay taxes, fees, and submit reports, taking into account the existence of such a subdivision.

In practice, the creation of such separate subdivisions is carried out by issuing an order from the sole executive body and allocating to them the necessary Money on its functioning. The heads of such divisions can be issued powers of attorney to carry out actions that give rise to civil law consequences, by analogy with the heads of branches and representative offices: they can maintain a separate management balance sheet and much more.

Creation of a division and appointment of a leader

In practice, the creation of both full-fledged branches and representative offices, as well as other separate divisions, gives rise to a number of problems of a purely technical nature. It is necessary to assess the prospects for the existence of the unit, to select suitable premises, conclude contracts for servicing technical needs (communication, utilities and etc.). Of course, one of the employees of the company itself can be seconded for this, but all these issues can be resolved much more efficiently on the spot using local personnel. And in this case, a problem arises: how to formalize relations with such employees if the unit does not yet exist?

Quite often, in such a situation, the management of the organization promises the employee “on the spot” his subsequent employment, while in no way fixing the relationship that arises between them. This practice is fraught with conflicts. For example, a local employee is assigned to carry out activities to create a stand-alone unit, but as a result of his negotiations and market research, it turns out that the project requires large financial investments and they refuse it. The person who carried out preparatory activities turns out to be deceived in their expectations.

Further - a lawsuit on demand to recognize the employment contract as concluded and reinstate at work on the basis that the actual admission was made. Moreover, a situation may arise when it will be held in another region. In accordance with paragraph 1 of Art. 29 Code of Civil Procedure of the Russian Federation the claim is filed with the court at the location of the defendant. However, according to clause 2 of this article, a claim against an organization arising from the activities of its branch or representative office may also be brought to the court at the location of its branch or representative office. Therefore, in practice, situations arise when a statement of claim is filed (and sometimes considered by the court) at the location of the supposed location of the branch of the organization. Geographically, the court can be located many hundreds of kilometers from the location of the organization, and the consideration of the dispute takes place against the backdrop of a completely understandable desire to protect the local resident from the arbitrariness of the "alien Vikings".

Regardless of the outcome of the litigation, such a process can be quite expensive (cost of tickets, accommodation of a representative, travel expenses). And often reinstatement is impossible, because it never existed.

Meanwhile, this situation can be easily avoided if the relationship between the organization and the future employee is formalized by an agency agreement, defining in it the scope of actions to prepare for the creation of a separate division and indicating, among other things, the amount of remuneration to the agent. And only after the completion of the preparatory procedures and the formal creation of a separate division to conclude an agreement.

The head of the organization, when choosing the method of creating a branch (representative office) according to the rules of civil law or the method of creating a separate subdivision in the context of tax legislation, must take into account that the regulation of labor relations within each of them has its own characteristics.

Thus, the head of a branch (representative office) may be dismissed on a number of special grounds. For example, when making an unreasonable decision that entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization (clause 9 of article 81 of the Labor Code of the Russian Federation), or in case of a single gross violation the head of the branch (representative office) of his labor duties (clause 10, article 81 of the Labor Code of the Russian Federation).

It is impossible to dismiss the head of a separate division on these grounds.

It seems that such an approach of the legislator is a little inconsistent, since in in large numbers legal relations of a branch (representative office) and separate subdivisions are equalized. So, the probationary period in both cases can be up to six months (paragraph 13 of article 70 of the Labor Code of the Russian Federation). Collective agreement accepted and the strike is also declared in the same order. But it is these examples that allow us to assert that the legislator draws a clear line between them in a number of legal relations. It can be assumed that these differences in the labor regulation of the heads of branches (representative offices) and other separate units are the result of differences in their creation and, accordingly, in the procedure for appointing managers to these positions.

Labor relations in separate divisions: main problems

After the formal creation of a separate division and the conclusion of an employment contract with the head, the next step is recruitment. At the same time, the conclusion of an employment contract can be carried out both by the head of a separate representative office, provided that these powers are delegated to him, and by the sole executive body. At the same time, it must be remembered that, in accordance with Art. 20 of the Labor Code of the Russian Federation, the organization itself acts as an employer.

Therefore, the statements found in the legal literature that "not only organizations can act as employers - legal entities, but also their separate structural subdivisions” 7 seem to be completely inconsistent with the current legislation. The rights and obligations of the employer in labor relations are carried out by the management bodies of the organization or persons authorized by them in the manner established by the current labor legislation, the constituent documents of the legal entity and local regulations.

Labor legislation does not know such a thing as a "power of attorney" 8 . Accordingly, the powers of the head of the branch must be enshrined in the internal administrative document of the organization. Such documents include local regulations containing broad-based norms that apply to an indefinite circle of people. Such documents may be permanent or temporary. At the same time, it does not have special significance how they will be named. So, if the authorized body of the employer issues a document with the name "Order" (administrative order of the employer directed to a specific person), which has the features of a local regulatory act, its effect will be equivalent to issuing a document with the name "Regulation" containing the same norms. But, as a rule, the right to conclude employment contracts with employees of the branch within the approved staff list is fixed in the regulation on the branch (representative office). Such provisions can be both general (applying to all separate divisions of the organization), and individual (referring only to a specific division).

In practice, both situations are quite common. And when the right to conclude an employment contract is delegated to the head of a separate division, and when only the head or employee of the company's central office has it. Each of them has both its pros and cons. Let's consider them in more detail.

The first situation is when the conclusion of an employment contract is carried out by the sole executive body of a legal entity, and personnel records management is carried out at the head office. Such a situation is fraught with mass violations of the requirements of labor legislation. Moreover, there are more of them, the farther the branch is from the center for the implementation of personnel policy. Problems begin already from the moment the employment contract is concluded. We recall that, in accordance with Art. 65 of the Labor Code of the Russian Federation, when concluding an employment contract, a person entering a job presents to the employer:

passport or other identity document;
a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis;
insurance certificate of state pension insurance;
military registration documents - for those liable for military service and persons subject to conscription for military service;
a document on education, qualifications or the availability of special knowledge.

Due to the remoteness of the center of reference personnel records management these documents are sent from the branch in copies, and their comparison with the originals is made on the spot. Accordingly, the employer is not immune from abuse by the management of a separate unit.

In addition, according to Art. 66 of the Labor Code of the Russian Federation, the work book is with the employer throughout the entire employment contract. At the same time, since the person authorized to maintain work books is located in the central office, it becomes necessary to send it. In some cases, this is fraught with its loss and often a delay in issuing it to an employee in case of dismissal. This is especially true in cases where the employer, by virtue of Part 3 of Art. 80 of the Labor Code of the Russian Federation is obliged to terminate the employment contract from the date indicated by the employee. In addition, with this mode of operation, there are regular delays in familiarizing employees with orders and local regulations of the organization.

In some cases, this can be critical.

For example, in order to bring to disciplinary responsibility the Labor Code of the Russian Federation sets quite strict deadlines, and if they are missed, the imposition of a penalty is impossible. Some problems can be removed by using modern means connection, but it is not able to eliminate it completely.

Delegating the authority to conclude employment contracts and conduct personnel records management to the branch management makes some sense only if the separate subdivision is large enough. As practice shows, it is difficult to ensure effective office work in small divisions. In addition, in these cases, there is a possibility of serious abuses by the branch management when hiring employees. Starting with the usual protectionism to relatives and ending with the admission of employees in excess of the established staffing units. Moreover, since the head of a separate subdivision has the right to conclude employment contracts, they will be completely legitimate and, accordingly, will lead to the obligation to pay wages and ensure the necessary conditions labor.

In conclusion, I would like to note that the regulation of labor relations in separate divisions requires special attention from both the head of the organization and its employees personnel services. Understanding the peculiarities of such regulation will certainly help to avoid serious violations of the employment contract and conflicts with employees. However, with due attention to this problem, enforcement of existing labor laws does not present serious difficulties.