How is recruitment in a separate division carried out?

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, whether a branch can have its own staffing, and etc.

What is a separate structural unit?

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

Characteristic features of a separate structural unit:

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 should be carried out in organizations with separate divisions has not been established. Therefore, the right to choose whose duties will include the hiring and dismissal of personnel separate subdivision who will have to issue orders regarding labor activity, where work books are stored and who fills them out, etc. 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:

Registration of an employee in a branch / representative office

Employment in separate structural divisions is carried out by concluding an employment contract with the applicant, which is signed by the head of this division 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 dated 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:

1. collective agreement(if available);
2. internal regulations;
3. others regulations local type, which directly relate to labor activity in the position being replaced.

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 employment in a separate unit. This entry can be represented as follows: the heading is “Trudovik LLC”, 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 of a sales agent", in the fourth column - the date and number of the administrative document.

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

Analyzing the foregoing, 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 centralized control labor relations it is necessary to think over in detail and document the procedure and terms for the redirection of personnel documentation, taking into account the terms determined by labor legislation. In the case of the transfer of powers 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 keeping the seal, processing and storing 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 in 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.

When choosing a method of conducting personnel records management in a separate structural unit, attention should be paid to the analysis of all existing risks and opportunities of the organization, including the territorial distance from the main office, the specifics of the activity, possible ways exchange of documents, and so on. In addition, all the deadlines set by the legislator must be clearly observed, since otherwise, not only the imposition of fines on the relevant officials, but also the administrative suspension of the organization's activities for a substantial period may occur.

Often read along with this material:

Personnel accounting in a separate division

Good afternoon.

The Labor Code of the Russian Federation says:

Article 57. Content of an employment contract

The following conditions are mandatory for inclusion in an employment contract:

Good evening!

The Labor Code of the Russian Federation does not specify what should be understood by the place of work (place of work and workplace are not identical concepts).

Also, one should not equate the concepts of a structural unit and a separate structural unit.

As follows from paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 On the application by the courts Russian Federation of the Labor Code of the Russian Federation, structural subdivisions should be understood as branches, representative offices, as well as departments, workshops, sites, and so on, and under another locality - an area outside the administrative-territorial boundaries of the corresponding locality.

In turn, the administrative-territorial boundaries are reflected in the All-Russian classifier of objects of administrative-territorial division OK 019-95 (approved by the Decree of the State Standard of Russia dated July 31, 1995 N 413) (hereinafter - OKATO) and the All-Russian classifier of territories municipalities OK 33-2005 (approved by the Order of Rostekhregulirovanie of December 14, 2005 N 310-ST) (hereinafter - OKTMO).

Thus, the obligation to indicate in the employment contract the location of a separate subdivision of the Labor Code of the Russian Federation is required only if the separate subdivision is located in a different area than the head office of the organization, outside the administrative boundaries of the settlement specified in founding documents employer as a place state registration(clauses 2, 3, article 54 of the Civil Code of the Russian Federation).

Indication of a structural unit in accordance with Part 4 of Art. 57 of the Labor Code of the Russian Federation is not one of the mandatory conditions labor contract.

The transfer of an employee from the same employer to another structural unit located in the same locality does not require the consent of the employee (Article 72.1 of the Labor Code of the Russian Federation), if this does not entail changes in the terms of the employment contract. If the structural unit is clearly named in the employment contract, then if the employer wishes to change his speech goes already not about moving, but about transferring to another job (part 1 of article 72.1 of the Labor Code of the Russian Federation).

Information about a separate subdivision is entered in the work book if they are indicated in the employment contract as essential ((clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69).

It seems that when employees are hired by structural subdivisions within the administrative-territorial boundaries of the city of Moscow, it is not necessary to indicate a specific structural subdivision as the place of work. If employees are hired by structural subdivisions located on the territory of the Moscow Region (according to the respective settlements), employment contracts concluded with them must indicate their place of work, indicating a separate structural subdivision.

At the same time, experts consider it possible to indicate the location of a separate structural unit in a generalized way, by the name of the settlement.

Here it’s up to you to see how it’s more profitable: the answer to the question of whether it is in the interests of the employer to specify in the employment contract the specific workplace of the employee up to the department or unit (mechanism) on which the employee works, or not, is ambiguous. For the purposes of more efficient and faster transfer of personnel from one structural unit to another within the same locality (from one unit (mechanism) to another), it makes sense not to specify this clause of the employment contract, since in this case this transfer will be qualified as movement and will not require the consent of the worker. On the other hand, an indication of a specific workplace in an employment contract can help the employer, for example, if necessary, to prove the absence of an employee at the workplace.

As for the additional documentation, then for all departments you (according to current practice) should have orders for their creation, according to the staffing, it should be traced in which particular department each employee works; in orders for employment (employment contracts, work books), a separate structural unit is indicated in cases that are mandatory (see above), unless otherwise practiced in your organization (in particular, detailing by all structural divisions indicating the specific addresses of their locations).

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News and analytics Legal advice (practice) Labor law How to make an entry in the work book when hiring an employee (citizen of the Russian Federation) in a representative office of a foreign organization? What must be indicated in the work book when making an entry about the place of work (name of the parent organization or the full name of the representative office as a structural unit)? How to make an entry in the book about the dismissal of an employee, what seal and whose signature to certify it? How to properly issue orders for hiring and dismissal?

How to make an entry in the work book when hiring an employee (citizen of the Russian Federation) at a representative office of a foreign organization?

In accordance with Art. 11 of the Labor Code of the Russian Federation on the territory of the Russian Federation, the rules established by labor legislation and other acts containing labor law norms also apply to labor relations with the participation of foreign citizens, stateless persons, organizations created or established foreign citizens, stateless persons or with their participation, international organizations and foreign legal entities, unless otherwise provided international treaty RF.

In Art. 13 of the Labor Code of the Russian Federation states that federal laws and other regulatory legal acts of the Russian Federation containing labor law norms apply to labor relations (and other relations directly related to them) arising throughout the territory of the Russian Federation, if these laws and other regulatory legal acts do not provided otherwise.

Thus, the labor relations of employees of a representative office of a foreign organization located on the territory of the Russian Federation with the employer are subject to the requirements of the labor legislation of the Russian Federation.

Article 20 of the Labor Code of the Russian Federation establishes that the parties to labor relations are the employee and the employer. Employers are natural or legal persons. Branches and representative offices, being structural divisions of the organization, do not have the status of a legal entity (Article 55 of the Civil Code of the Russian Federation).

Thus, the employer for a citizen of the Russian Federation, going to work in a representative office of a foreign organization, will be a legal entity - the parent organization. The rights and obligations of the employer in labor relations are exercised by: the management bodies of the legal entity (organization) or persons authorized by them in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations (Article 20 of the Labor Code of the Russian Federation). Thus, it is the parent organization that determines who will be entitled to sign the relevant documents (as a rule, this is, first of all, the head of the structural unit). At the same time, the powers of the head, other persons authorized to sign personnel documents can be confirmed:

Regulations on this unit, approved by the head of the parent organization;

Power of attorney of the head of the organization, which defines the powers of the head of a separate structural unit, etc.

When making an entry in the work book about the place of work of an employee of the representative office, it must be borne in mind that the form and procedure for filling out work books are established by Decree of the Government of the Russian Federation of 04.16. approval of the Instructions for filling out work books "(hereinafter referred to as the Instructions).

In accordance with the third paragraph of clause 3.1 of the Instructions in column 3 of the section "Information about work" work book a record is made of acceptance or appointment to a structural unit of the organization indicating its specific name (if the condition of working in a specific structural unit is included in the employment contract as essential).

According to the second paragraph of the second part of Art. 57 of the Labor Code of the Russian Federation, an indication of a separate structural unit and its location, when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another location, is an essential condition of the employment contract.

Thus, in this case, it is necessary to indicate the specific name of a separate structural unit of a foreign organization in the work book.

Regarding the correctness of the execution of orders for employment and dismissal.

An order of the unified form N T-1, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1, is issued on hiring. According to the instructions for filling out this form, when issuing an order (instruction) on hiring an employee (s) for work, the name of the structural unit, position (specialty, profession), the period of probation, if the employee is given a probation when hiring, as well as the conditions for hiring and the nature of the upcoming work (for example, part-time, in the order of transfer from another organization, to replace a temporarily absent employee, to perform a certain work, etc.). The termination of an employment contract is formalized by an order (instruction) of the employer of the unified form T-8, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1. Orders are signed by the head of the organization or an authorized person.

Prepared answer:

Legal Consulting Service Expert GARANT

Rachenkova Julia

Checked answer:

Reviewer of the Legal Consulting Service GARANT

Hiring the head of a separate division

Dear colleagues, good morning! Please tell me how to hire the head of a separate division (in my case, the head of the distribution center), if the head office is in St. Petersburg, and the distribution center will be in Pskov, but it is the manager’s task to find a room, etc.

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The head organization (GO) is obliged to hire in separate structural units (OP), including their leaders.

Labor books of employees of the EP are stored in the civil defense, unless otherwise established by order of the head. For example, by order of the head of the civil defense in the unit, a person is appointed responsible for the preparation of personnel documents and the storage of work books.

In an employment contract with employees of EPs located in another locality, the name of a separate structural unit and its location must be indicated (part 2 of article 57 of the Labor Code of the Russian Federation).

The probation period for heads of branches, representative offices or other separate structural divisions of organizations cannot exceed six months (part 5 of article 70 of the Labor Code of the Russian Federation).

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We open a branch, representative office, separate subdivision: what you need to consider

Creating a branch, a separate division, a representative office - all these are traditional ways to expand a business. At the same time, the legal meaning of the specified structural units of the organization in civil and tax legislation does not coincide. Fundamentally different is the order of their creation. For branches and representative offices, one procedure is provided, for separate divisions - a completely different one. Our article will help you understand the nuances.

Understanding terms and powers

According to the Civil Code of the Russian Federation, a branch performs all or part of the functions of its legal entity. A representative office performs only representative functions of its legal entity.

In the Tax Code of the Russian Federation, the concept of "separate subdivision" is not considered as an independent one, it is used only for the purposes of the Tax Code of the Russian Federation itself and for taxation. That is, in the form of a new type of division, which differs from branches and representative offices, a separate division is not allocated. Article 11 of the Tax Code of the Russian Federation expressly states that the main feature of a separate subdivision is the actual availability of an equipped stationary workplace.

The logic in this case is as follows: if there is an employee, then he is paid a salary, respectively, there are deductions from the salary. And if the employee also receives money from customers, then given place location is a source of income, etc.

Therefore, when making a choice between a branch, a representative office and a separate subdivision, be guided by the following approach.

If you do not just create remote jobs, but, for example, an office where you will work with clients, conclude contracts, or you just need a beautiful official status, then it is better to create a branch or representative office. And if you have a USNO and you do not want to amend the charter of a legal entity (since branches and representative offices must be indicated in the charter and you cannot be with them at the USNO), then preference should be given to a separate unit.

Branches, representative offices and other separate divisions are not independent subjects of law. This means that they do not have independent rights and obligations, they are never a party to a transaction or a party to a court hearing, they do not submit tax returns on their own behalf and do not pay taxes - all this is done by a legal entity.

But these subjects of law can have a leader. The presence of powers of the head of a separate subdivision (as well as a branch and a representative office) does not depend on the fact of his appointment or the title of the position, and not even due to the enumeration of his powers in the Regulations on the branch (representative office), but solely on the presence of a power of attorney from the head of the legal entity. In other words, the actions of the head of a separate subdivision (branch, representative office) are no different from the actions of another representative of the Company who has a power of attorney with similar powers.

AT information letter The Supreme Arbitration Court of the Russian Federation dated May 14, 1998 No. 34 expressly provides that a separate subdivision that is not a legal entity may bring a claim only on behalf of a legal entity. The statement of claim signed by the head of the separate subdivision must be accompanied by a power of attorney (or a copy thereof) of the legal entity confirming the authority to sign the statement of claim on behalf of the legal entity.

No less important is the issue of issuing a separate bank account for a separate subdivision (branch, representative office). Instructions of the Bank of Russia No. 28-I dated September 14, 2006 expressly state that it is possible to open an account for a legal entity, but for “transactions” by a branch or representative office. Based on this instruction, it follows that the account is opened for the organization itself.

As for a separate name. then a separate subdivision (branch, representative office) may have it, although this is not at all necessary (the law does not provide for such an obligation).

The procedure for creating branches, representative offices and separate divisions differs significantly, so we will consider it in more detail.

The procedure for creating branches and representative offices

First of all, it is necessary to make a decision on the establishment of a branch and a representative office. This decision is made by the general meeting of participants of the legal entity, it must be formalized in a protocol or decision (if there is one participant in the company).

The decision to establish a branch (representative office) may also be taken by the board of directors. Such a possibility should be provided for in the statute. Nevertheless, even if such an opportunity is provided for in the charter, we recommend formalizing the creation of a branch with one decision (minutes) - general meeting participants. And it reflects the creation of a branch, as well as the decision to amend the charter. The fact is that the creation of a branch (representative office) involves making changes to the charter. The decision to amend the charter is authorized to be made only by the general meeting of the company's participants.

According to Article 55 of the Civil Code of the Russian Federation. it is necessary to add “information” about the branch (representative office) to the charter. What kind of information - the law is silent, however, given the current practice, in most cases everything is limited to the address of the branch (representative office) and its name (if any).

Regulations on the branch, representative office

There is no deadline for the approval of the Regulations, but it will be easier and more convenient if such a decision is made simultaneously with the decision to establish a branch or representative office (ie, in the same Protocol).

Regulations on a branch (representative office) can be regarded as an internal document of the organization. The authority to approve the Regulations on the branch (representative office) is vested in the general meeting of participants or the board of directors (if this body is provided for by the charter of the organization).

So, in order to register a branch (representative office) in the Unified State Register of Legal Entities with amendments to the charter of a legal entity, the following documents must be submitted to the registering department of the IFTS (at the main location of the company):

1) minutes of the meeting (decision of the participant) in which 2 decisions are made:

a) on the establishment of a branch (representative office);

b) on amendments to the charter;

2) application 13001 with an attachment to the branch or representative office being created (in form 13001 this is sheet "D");

3) amendments to the charter (approved by the protocol and providing information about the branch, representative office) in two copies.

From July 1 of the year, amendments to the charter must be submitted in two copies. After registration, the tax authority will issue you a second copy of the changes with the appropriate mark.

Tax registration of a branch or representative office is carried out by the tax authorities independently on the basis of data in the Unified State Register of Legal Entities in the manner of an inter-inspectorate exchange.

The procedure for creating a separate division

Unlike branches and representative offices, the emergence of a separate subdivision may not be accompanied by any management documents, except for documents that actually confirm the emergence of a stationary workplace (for example, a lease agreement and an order to hire a person who will be there).

Moreover, when creating a separate subdivision, it is not required to approve the Regulations on this separate subdivision, and you can also do without appointing the head of a separate subdivision and, accordingly, without issuing a power of attorney to him (for example, you just hired a few additional ordinary employees who will be located in a remote office) .

Nevertheless, as a rule, a certain Order of the head of the legal entity is nevertheless issued (there is definitely no need to hold a general meeting of participants for this).

If we analyze labor legislation (after all, we are talking about new jobs), then it would be most expedient and correct to issue an order to amend the staffing table and organizational structure legal entity (if any).

The notification is submitted to the tax authority in the form С-09-3-1. Neither the Order nor any other documents are attached to this message.

The notice must be submitted no later than 1 month from the date of creation of a separate subdivision. The message is submitted by the IFTS at the location of the organization (head office of the legal entity).

Violation of the deadline for filing an application established by the Tax Code of the Russian Federation threatens the taxpayer with a fine of 10,000 rubles. (clause 1, article 116 of the Tax Code of the Russian Federation).

Where exactly to wait for the notification of registration, the current regulations also do not explain, but practice shows that it usually comes from the Federal Tax Service at the location of a separate subdivision.

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 governs 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 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 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 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 corresponding to state regulatory requirements labor protection;
- timely and in full payment 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 labor safety, other local regulations of the Employer directly related to labor activity the Employee, with whom the Employee was acquainted 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 execution of 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;
- involve the Employee in disciplinary and liability in the manner prescribed 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 in accordance with the 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 wages due to the employee deadlines;
- ...

The employer performs other duties provided for 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 Labor Code 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.

If employment is carried out in a EP with a centralized document flow, then copies of the above documents are signed and stored on the territory of the head office. With a decentralized scheme of personnel records - on the territory of the EP. In the second case, the EP must have copies of local regulations certified by the head of the company. Dismissal Registration of documents related to the dismissal of an employee of the EP occurs depending on the method of personnel records. In the case of decentralized office work, the departing employee signs Required documents and receives a work book directly in the OP. With a centralized personnel office work this procedure is carried out at the head office. As you know, in a situation of dismissal, it is extremely important to meet the deadlines for calculating the employee, signing the dismissal order and receiving the work book.

Separate subdivision: entry in the labor

Attention

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 employment in a separate unit. This entry can be represented as follows: the heading is “Trudovik LLC”, 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 of a sales agent", in the fourth column - the date and number of the administrative document.

How to apply for a job in a separate division?

Info

In this case, a power of attorney is issued to the head of the EP, giving him the right to sign employment contracts, orders, other personnel documents, as well as making entries in the work books of employees. Hiring Hiring a new employee, regardless of whether he will work in the head office or a separate division, requires a clear procedure for working with documents. The employee must sign not only the employment contract and the hiring order, but also documents such as a personal card, an agreement on personal data, a journal of familiarization with local regulations, etc.

Separate divisions: features of personnel registration

Read also 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 are carried out by one of the employees of a separate division.

How is recruitment in a separate division carried out?

They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it. Also read about job denial for more details. Representative offices and branches must be indicated in the constituent documents of the legal entity that created them.

We also note that the conduct of personnel records management in organizations with separate structural divisions is not regulated by regulations. This issue is within the competence of the head of the organization and should be resolved at the local level. There are three forms of organization of personnel records management in organizations that have separate divisions in their structure (for more details, see below).
below in the text). In addition, the Labor Code of the Russian Federation states that the staffing table is used to formalize the structure, staffing and staffing of the organization, that is, the legal entity as a whole (art.
What is a separate subdivision and who manages it A separate subdivision (OP) in accordance with paragraph 2 of Art. 11 of the Tax Code of the Russian Federation is defined as any subdivision that is territorially separate from the organization. According to this document, the basis for recognizing the status of an EP is the availability of equipped stationary (created for a period of more than one month) jobs at its location. The content of information about the OP in the company's constituent documents and the powers vested in it are not important in this case.
The opening of a separate subdivision is accompanied by the issuance of an appropriate order. If necessary, an order is issued, according to which a separate subdivision is transferred under the leadership of a person appointed by the head of the organization. However, this measure is not mandatory if we are talking about the OP as such (and not about a branch or representative office).

Admission to a separate division employment contract sample

True, there are a number of conditions for applying this deferment (taxation regime, type of activity, presence / absence of employees). So who has the right to work without a cash register until the middle next year? < … Отказ банка в проведении операции можно обжаловать Банк России разработал требования к заявлению, которое клиент банка (организация, ИП, физлицо) может направить в межведомственную комиссию в случае, когда банк отказывается проводить платеж или заключать договор банковского счета (вклада).
< … Главная → Бухгалтерские консультации → Обособленное подразделение Обновление: 21 сентября 2016 г. Для ответа на данный вопрос для начала необходимо прояснить, что именно понимается под переводом в обособленное подразделение. Запись в трудовой книжке необходимо будет сделать, если при переводе изменилось место работы.

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• Recruitment

Question The organization is registered in the Moscow region, and a separate subdivision is being opened in Moscow. It is planned to employ several employees in this separate division. how to properly recruit employees and what to pay attention to Special attention. I will be very grateful for detailed algorithm(step by step procedure).

Thank you. Answer Answer to the question: The employment contract with the employee must indicate the place of work. In the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, you must indicate the place of work, indicating the separate structural unit and its location. Read more about recruiting 2016 here. According to par.

Therefore, an employment contract may specify a separate subdivision (sample in the appendix) as an essential condition when it is located in the same area as the parent organization. If work in a separate unit is an essential condition of the contract, then the corresponding clause should be included in it. According to paragraph 3.1 of the Instructions for filling out work books dated October 10, 2003, the work book reflects a record of employment in a division of the organization (if essential condition on work in the unit is included in the contract).
The labor legislation does not contain any other features for admission to a separate subdivision.
Labor Code of the Russian Federation, section 1 of the instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). A separate subdivision is not a separate legal entity (clause 3, article 55 of the Civil Code of the Russian Federation). Therefore, the staffing table is approved by order of the head of the organization (instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No.
No. 1). And in a separate division they provide an extract from the approved staff list or a copy of it. So, it will be necessary to add the newly created separate structural unit to the staffing table and send an extract to the separate unit. For more information about making changes to the staffing table, see.

Labor contract with the head of a separate division

When registering an employment relationship with the head of a branch, representative office, all requirements stipulated by current legislation should be met.

In the article, we will consider the features of labor relations with the head of a separate subdivision, and also give an example of an employment contract with the specified person.

Article 55 of the Civil Code of the Russian Federation (hereinafter - 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.

According to paragraph 3 of Article 55 of the Civil Code of the Russian Federation, the 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 rule is imperative and does not allow for broad interpretation.

Keep in mind that representative offices and branches must be listed in the unified state register of legal entities.

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 hiring, dismissal, relocation, etc.). In the absence of documentary confirmation of the authority of the head to sign personnel documentation, a situation may arise when an employee dismissed, for example, by the head of a 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 Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated July 1, 1996 "On Certain Issues Related to the Application of Part One 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 cannot be based only on the instructions contained in the constituent documents of the legal entity, the regulations on the branch (representative office) and the like, 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;

– position on the branch;

- power of attorney issued by the organization.

In this case, a power of attorney issued to the head of a branch or representative office must be executed in compliance with the rules determined by the Civil Code of the Russian Federation.

It should be said that 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.

Prior to the conclusion of an employment contract with the head of a branch (representative office), his appointment to a position, which follows from Article 16 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and paragraph 3 of Article 55 of the Civil Code of the Russian Federation.

Mandatory for inclusion in an employment contract with the head of a separate structural unit in accordance with Article 57 of the Labor Code of the Russian Federation is the place of work, and if the organization's unit is located in another area, that is, outside the administrative-territorial boundaries of the settlement where the organization itself is located, the place of work is indicated with an indication of this unit and its location (paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation").

When concluding an employment contract with the head of a branch or representative office, it may provide for a test condition, which follows from Article 70 of the Labor Code of the Russian Federation. In this case, the trial period may not exceed six months.

Please note that when applying the provisions of Article 72.1 of the Labor Code of the Russian Federation on the transfer of a manager to another job, one should take 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 subdivision specifies only the type of subdivision 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, with all Other things being equal, we are talking about displacement.

Keep in mind that in an employment contract it is necessary to distinguish between labor function and powers of the head of the department. 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 Article 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, and the like.

In accordance with Article 73 of the Labor Code of the Russian Federation, an employment contract with the head of a branch, representative office that, in accordance with a medical certificate, needs a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the relevant job, is terminated in accordance with clause 8 of part one of the article 77 of the Labor Code of the Russian Federation. The employer has the right, with the written consent of the specified employee, not to terminate the employment contract with him, but to suspend him from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employee, 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.

According to paragraphs 9 and 10 of part 1 of article 81 of the Labor Code of the Russian Federation, an employment contract with the head of a branch (representative office) may be terminated by the employer if he makes an unreasonable decision that entails a violation of the safety of the organization's property, its unlawful use or other damage to the organization's property, as well as in single case gross violation the head of the branch (representative office) of his labor duties.

On the basis of part 4 of article 81 of the Labor Code of the Russian Federation, in the event of termination of the activities of a branch, representative office located in another locality, termination of the employment contract with an employee - the head of this unit is carried out according to the rules provided for in cases of liquidation of the organization. In other words, when terminating an employment contract with the head of a separate subdivision located in another locality, in the event of termination of the activity of this subdivision, the employer must perform all the same actions that are provided for upon dismissal due to the liquidation of the organization, that is:

- notify the employee - manager two months before the dismissal;

- inform the employment service;

– notify the trade union body;

- issue an order to terminate the employment contract;

- make appropriate entries in the personal card of the employee-head of the structural unit and the work book;

- make all payments.

Here is a sample employment contract concluded with the head of the branch.

Example

Employment contract No. 36

Joint Stock Company "Natasha" (JSC "Natasha"), hereinafter referred to as the "Employer", represented by General Director Vladimir Anatolyevich Ivanov, acting on the basis of the Charter, on the one hand, and Petrov Alexey Petrovich, hereinafter referred to as the "Employee", who is appointed for the position of director of the branch "Branch", hereinafter referred to as the "Subdivision", on the other hand, have concluded this employment contract as follows:

1. Subject of the employment contract

1.1. This employment contract governs the relationship between the Employer and the Employee related to the performance by the latter of the duties of the head of the Employer's Subdivision, located at the address: Novosibirsk, st. Malaya d. 4/1.

1.2. The Employer provides the Employee with a job as a Director of the Division.

1.3 The working conditions at the workplace of the Employee are optimal in terms of harmfulness and (or) danger (class 1) (according to the results of a special assessment of working conditions dated 30.01.2015).

1.4. Work at the Employer is the main one for the Employee.

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

1.7. The employee is set a probationary period of 3 months.

2. Rights and obligations of the Employee

2.1. The Employee manages the activities of the Employer's Unit in the manner prescribed by the regulation on the unit.

2.2. In internal organizational relations, the Employee, as the head of the Employer's Unit, 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 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 the employees of the Subdivision The Employee has the right within the powers determined in accordance with the labor legislation of the Russian Federation, 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:

- conscientiously fulfill their labor duties assigned to him by this employment contract, comply with 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, 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 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 five 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;

– 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 material 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 the 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 the wages due to the employee on time;

- 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. Remuneration and social guarantees

4.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary of 50,000 (fifty thousand) rubles.

4.2. The following is also established for the employee:

– bonus in the amount of 20,000 (twenty thousand) rubles quarterly;

– remuneration based on the results of annual work in the amount of 50,000 (fifty thousand) rubles.

4.3. Payment to the Employee of wages, bonuses, remuneration based on the results of annual work 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. To perform their duties, the Employee is set an irregular working day.

5.2 A break for rest and meals during the working day is determined by the internal labor regulations in force at the Employer.

5.3. The employee is given two days off per week.

5.4 The employee is granted an annual basic paid leave of 28 calendar days and an additional paid leave for irregular working hours of 5 calendar days.

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.

7.2. 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 one is kept by the Employee.

7.4. Addresses and details of the parties:

Employer:

JSC "Natasha" CEO Ivanov V.A.

Separate subdivision (OP) in accordance with paragraph 2 of Art. 11 of the Tax Code of the Russian Federation is defined as any subdivision that is territorially separate from the organization. According to this document, the basis for recognizing the status of an EP is the availability of equipped stationary (created for a period of more than one month) jobs at its location. The content of information about the OP in the company's constituent documents and the powers vested in it are not important in this case. The opening of a separate subdivision is accompanied by the issuance of an appropriate order. If necessary, an order is issued, according to which a separate subdivision is transferred under the leadership of a person appointed by the head of the organization. However, this measure is not mandatory if we are talking about the OP as such (and not about a branch or representative office). In this case, the head of the organization has the right to retain the responsibility for managing the EP.

How to organize personnel records in a separate division

The legislative acts in force in relation to the OP do not regulate the way of conducting personnel records management. In practice, most often there are two forms of personnel workflow:

• centralized (registration and storage of personnel documentation at the head office);
• decentralized (registration and storage of personnel documentation in the EP).

The choice of one or another workflow scheme depends on the specifics of the enterprise. The centralized method is convenient when it comes to a small number of employees and the location of the parent organization and the EP in the same city. The decentralized method is suitable for organizations with EPs in other cities. In this case, a power of attorney is issued to the head of the EP, giving him the right to sign employment contracts, orders, other personnel documents, as well as making entries in the work books of employees.

Recruitment

Admission to the staff of a new employee, regardless of whether he will work in the head office or a separate division, requires a clear procedure for working with documents. An employee must sign not only an employment contract and an employment order, but also documents such as a personal card, an agreement on personal data, a journal of familiarization with local regulations, etc. A separate task when hiring is an introductory briefing on labor protection, also requiring the signing of relevant documents by the employee. If employment is carried out in a EP with a centralized document flow, then copies of the above documents are signed and stored on the territory of the head office. With a decentralized scheme of personnel records - on the territory of the EP. In the second case, the EP must have copies of local regulations certified by the head of the company.

Dismissal

Registration of documents related to the dismissal of an employee of the EP occurs depending on the method of personnel records. In the case of decentralized office work, the departing employee signs the necessary documents and receives a work book directly from the OP. With centralized personnel records management, this procedure is carried out at the head office. As you know, in a situation of dismissal, it is extremely important to meet the deadlines for calculating the employee, signing the dismissal order and receiving the work book. This point must be taken into account if the EP and the head office are located in different cities. In this case, documents may be sent by mail or courier service with the written consent of the employee. If the dismissal of employees requires the closure of a separate division, then the corresponding procedure is carried out “according to the rules provided for in cases of liquidation of an organization” (Article 81 of the Labor Code of the Russian Federation), set forth in Art. 180 of the Labor Code of the Russian Federation.