EMPLOYMENT CONTRACT No. ____ (CONTRACT) ______________ "__"________ 20__ 1. GENERAL PROVISIONS 1.1 This agreement is concluded between the Open Joint Stock Company "_____________________________________" represented by the Chairman (name of the company) of the Board of Directors ______________________________________, referred to in (last name, first name, patronymic) hereinafter "Employer", on the one hand, and a citizen of Russia _____________________________________________, hereinafter referred to as (surname, name, patronymic) "Director". 1.2. The Agreement regulates labor and other relations between the Director and the Employer. The contracting parties acknowledge that their rights and obligations are governed by this agreement, as well as the current collective agreements (agreements), the internal labor regulations of JSC "_________________________" and the norms of the current legislation of Russia. 1.3. The Director and the Employer have agreed that they will faithfully fulfill the terms of this agreement. 1.4. The Employer undertakes to comply with the rights of the Director arising from this agreement and established by this agreement, other acts, as well as the current legislation, regardless of its political views , religious affiliation, social origin, property status, etc. The employer respects the right of the Director to participate in public and political life, as well as the freedom to participate in associations and other political public associations and movements. 1.5. Changes made to this Agreement unilaterally shall have no legal effect. 2. MAIN CONDITIONS OF THE AGREEMENT 2.1. Mr. ______________________________ is appointed to the position of the Director of JSCB "______________" on the basis of the decision of the Board of Directors (Minutes No. _____ dated "__" _______ 20___) meetings of shareholders, the Board of Directors or the Management Board. 2.2. _____________________________ assumes responsibility for the management of the Open Joint Stock Company "_____________________" for the period of validity of this agreement. 2.3. The Director independently resolves all issues of the Company's activities, referred to his competence by this agreement, the Charter of the Company, the Regulations "On the Board of JSCB" ___________________ ", other documents approved by the Company, as well as the current legislation. 2.4. Work under this agreement is the main place of work of the Director. 3. TERM OF THE CONTRACT 3.1 This agreement is concluded for an indefinite period 3.2 Based on the decision of the Board of Directors, the Director issues an order on his assumption of office 4. COMPETENCE OF THE DIRECTOR 4.1 The Director decides all issues of the current activities of the Bank, except for issues classified as exclusive 4.2 The Director, without a power of attorney, acts on behalf of the Bank, represents its interests, makes transactions on behalf of the Bank, approves staff, issues orders and gives instructions that are binding on all employees of the Bank. Rights and the obligations of the Director to manage the current activities of the Bank are determined by the legal acts of the Russian Federation, the Charter of the Bank, the Regulations on the Management Board and this Agreement. 4.4. The Board of Directors has the right to terminate the Agreement with the Director at any time on the grounds provided for by labor legislation and this Agreement. 4.5. Director: - ensures the implementation of decisions of the General Meeting of Shareholders and the Board of Directors, adopted in accordance with their competence; - disposes of the Bank's property within the limits established by the Charter of the Bank and the current legislation; - defines organizational structure of the Bank, approves the rules, procedures and other internal documents of the Bank, with the exception of documents approved by the General Meeting of Shareholders, the Board of Directors and the Management Board; - signs all documents approved by the Board; - approves the staff list of the Bank, branches and representative offices; - hires and dismisses employees, including appoints and dismisses the chief accountant, heads of departments, branches and representative offices; - in order, established by law, the Charter of the Bank and the General Meeting of Shareholders, encourages employees of the Bank, and also imposes penalties on them; - opens correspondent, currency and other accounts of the Bank in banks, concludes contracts and makes other transactions; - organizes accounting and reporting; - ensures the preparation and holding of General Meetings of Shareholders; - solves other issues of the current activity of the Bank. 5. RESPONSIBILITY OF THE DIRECTOR 5.1. The director, in exercising his rights and performing his duties, must act in the interests of the Bank, exercise his rights and perform his duties towards the Bank in good faith and reasonably. 5.2. The Director shall be liable to the Bank for losses caused to the Bank by his guilty actions (inaction), unless other grounds and amount of liability are established by the current legislation of the Russian Federation. 5.3. In determining the grounds and extent of the Director's liability, the normal conditions of business and other circumstances relevant to the case must be taken into account. 5.4. The director bears material responsibility in the full amount of damage caused through his fault to the Bank in cases expressly specified in the current legislation. 5.5. The director is not responsible for the damage caused in the following cases: - if the damage arose in connection with actions that can be qualified as a normal commercial risk; - if the damage arose as a result of force majeure circumstances (force majeure) or other circumstances for which the Director is not responsible; - if the damage is not a direct result of the actions of the Director. 6. PAYMENT AND WORKING HOURS 6.1. The remuneration of the work of the Director is carried out in accordance with its quantity, quality, final results of the Bank's activities for the relevant period and maximum dimensions is not limited. The preliminary amount of earnings under the contract is established in the amount of _______________________________________ rubles per month. 6.2. Remuneration under the contract may consist of two parts: a) advance: the amount and frequency of payment of which is established by agreement of the parties. At the same time, the amount of the advance payment cannot be lower than the minimum wage for an employee corresponding to the special qualification established by legislative and regulatory acts. b) remuneration for the final result - according to the results of the Bank's work for the relevant period (month, quarter, year). completion of work, taking into account its quantity and quality, or based on the results of work for a calendar year (quarter, month). 6.3. The remuneration may also be paid according to other criteria in accordance with the regulation on bonus payments to the Bank's employees. 6.4. The conditional amount of remuneration may be increased for ensuring the dynamic economic development of the Bank and preventing its bankruptcy in the amount of _____ percent net profit Jar. 6.5. The remuneration may be paid both in the currency of the Russian Federation and (with the consent of the Director) in the form of shares, bonds and other securities of the Bank and other issuers. 6.6. Working hours, working conditions, rest time of the Director - are established by agreement of the parties. The mode of working time is determined by the specifics of the work performed - and is in the nature of an irregular working day. 6.7. The duration of the annual leave of the Director is ________ calendar days. The director may be granted additional leave by decision of the Board of Directors. However, in any case, the duration of the next vacation cannot be less than that established by the current labor legislation for this category of workers. 7. SOCIAL WELFARE 7.1. Director at the expense of the Bank: a) is granted additional leave in the amount of _____ calendar days. Leave is granted in whole or in parts at the discretion of the Director. Paid social leave may also be granted in the following cases: death or serious illness of close relatives; marriage of children; advanced training of the Director; b) financial assistance is provided for treatment in the amount of _______ monthly official salaries; c) medical care of the Director is paid in the amount not exceeding _______________________ rubles per year; d) a one-time allowance in the amount of _______ thousand rubles is paid in case of disability (disability) as a result of an accident in the performance of official duties, and a lump-sum allowance in the amount of _____________ thousand rubles in case of disability due to illness or as a result of an accident not related to production. 7.2. When using a personal car for business trips, the Director is paid material compensation, as well as payment of an annual insurance premium at the place of insurance of a personal car. 7.3. In the event of death during the term of this agreement, the Director's family is paid a one-time allowance in the amount of _______________ thousand rubles, along with the payments provided for by the current legislation. 7.4. The director is subject to all types of state social insurance for the period of the contract, he is fully covered by the benefits and guarantees established for the employees of the Company by the current legislation, industry regulations, collective agreement and other documents. 8. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT 8.1. Grounds for termination of the contract are: - agreement of the parties; - termination of the contract at the initiative of the Director or at the initiative of the General Meeting of Shareholders on the grounds established by labor legislation; - transfer of the Director, with his consent, to another enterprise, institution, organization or transfer to an elective position; - the entry into force of a court verdict by which the Director was convicted of an intentional crime; - the entry into force of a court verdict by which the Director was convicted of a crime committed through negligence to a measure of punishment that precludes the possibility of continuing this work. 9. TERMINATION OF THE AGREEMENT ON THE DIRECTOR'S INITIATIVE 9.1. The director has the right to terminate the contract at any time by notifying the Board of Directors in writing two weeks in advance. 9.2. In cases where the Director's statement of resignation of his own free will is due to the impossibility of continuing his work (enrollment in educational institution , retirement and other cases), the Board of Directors terminates the contract within the period requested by the Director. 9.3. Upon the expiration of the dismissal notice period, the Director has the right to stop work, and the Board of Directors is obliged to issue him a work book, and the accounting department is obliged to settle accounts with him. 9.4. By agreement between the Director and the Company, the contract may be terminated even before the expiration of the termination notice. 10. TERMINATION OF THE AGREEMENT ON THE COMPANY'S INITIATIVE 10.1. The Agreement may be terminated by the Board of Directors of the Company only in the following cases: - liquidation of the Bank; - discovered inconsistency of the Director of the position held with insufficient qualifications or health conditions that prevent the continuation of this work; - absenteeism without good reason; - Absence from work for more than four consecutive months due to temporary disability, unless the legislation establishes a longer period for maintaining a job (position) in case of a certain disease. In the event that the ability to work is lost due to an industrial injury or occupational disease, the Director cannot be dismissed until the ability to work is restored or disability is established; - appearing at work in a state of intoxication, in a state of narcotic or toxic intoxication; - the commission of theft (including small) property at the place of work, established by a court verdict that has entered into legal force or a decision of an authority whose competence includes the imposition of an administrative penalty or the application of measures of public influence; - ________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________. 11. FINAL PROVISIONS 11.1. Disputes between the parties on the fulfillment of the terms of the contract, or on the legality of its termination, are resolved in accordance with the procedure established by the current legislation. 11.2. This agreement contains confidential information and is not subject to disclosure, reproduction and publication in the open press. 11.3. The agreement comes into force from the moment of its signing by the parties. The contract is made in two copies - one for each of the parties. DETAILS OF THE PARTIES: Director _______________________________________________________ (full name) Passport series ___________________ No. _________________________, issued by ______________________________________________ "___"_________ 20___ Open Joint Stock Company "_______________________________": ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________ _____________________________________________________________________ Signatures of the parties: Chairman of the Board of Directors Director ______________________________ ______________________
EMPLOYMENT CONTRACT with the Deputy Director for Commercial Affairs (fixed-term; subject to a probationary period)
_______________ "___" ________ ____ d. _______________________________, hereinafter referred to as __ "Employer", (name of employer) represented by _______________________________, acting ___ on the basis of ________, (position, full name) on the one hand, and a citizen (ka ) of the Russian Federation __________________________, hereinafter referred to as __ in (full name) "Employee", on the other hand, have entered into an agreement on the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Employer instructs, and the Employee assumes the execution job duties as Deputy Director for Commercial Affairs at ______________.
1.2. The work under this contract is the main one for the Employee.
1.3. The place of work of the Employee is ________ at the address: ______________.
1.4. In order to verify the compliance of the Employee's qualifications with the position held, his relationship to the assigned work, the Employee is set a probationary period lasting ___ (________) months from the start of work specified in clause 2.1 of this contract.
1.5. The work of the Employee under this contract is carried out under normal conditions. Labor duties of the Employee are not related to the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.
1.6. The employee reports directly to ______________________.
1.7. The following structural subdivisions are subordinate to the Employee: ______________________.
2. TERM OF THE CONTRACT
2.1. The employee must begin to perform his labor duties from "___" _________ ____.
2.2. This agreement is urgent and is valid until "___" ____ ____.
2.3. The basis for concluding a fixed-term employment contract is __________________.
3. CONDITIONS OF PAYMENT OF THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of ______ (_______________) rubles per month.
3.2. The employer sets incentives and compensation payments(surcharges, allowances, bonuses, etc.). The amounts and conditions of such payments are defined in the Regulations on bonus payments to employees "____________", which the Employee is familiarized with when signing this agreement.
3.3. If the Employee performs, along with his main job additional work in another position or performance of the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount established by an additional agreement of the parties.
3.4. Overtime is paid for the first two hours of work at one and a half times, for subsequent hours - at double the rate. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.5. Work on a weekend and non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly norm of working time. At the request of the Employee, who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in single size, and the day of rest is not payable.
3.6. Wages are paid to the Employee by issuing cash at the Employer's cash desk (by transferring to the Employee's bank account) every half a month on the day established by the Internal Labor Regulations.
3.7. From wages An employee may be deducted in cases stipulated by the legislation of the Russian Federation.
4. VACATION. WORKING AND REST TIME MODE 1
4.1. The employee is given a five-day work week with two days off - __________________________ 1 .
4.2. Start time: ________________________ 1 .
Finishing time: __________________________ 1 .
4.3. During the working day, the Employee is given a break for rest and meals from ___ h to ___ h, which work time does not turn on 1 .
4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.
The right to use leave for the first year of work arises for the Employee after six months of his continuous work from this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.
4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "____________".
5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
5.1. The employee is obliged:
5.1.1. Conscientiously perform the following duties:
Manage the financial and economic activities of the organization in the field of logistics, sales of products on the market and under supply contracts, transport and administrative services, ensure the effective and targeted use of material and financial resources, reducing their losses, accelerating turnover working capital;
Organize the participation of subordinate services and structural divisions in drawing up perspective and current plans production and sales of products, determining a long-term strategy for commercial activities and financial plans organization, as well as in the development of standards for the logistics of product quality, organization of storage and transportation of raw materials, marketing finished products;
Take measures to timely conclude economic and financial contracts with suppliers and consumers of raw materials and products, expand direct and long-term economic ties, ensure the fulfillment of contractual obligations for the supply of products (in terms of quantity, range, assortment, quality, timing and other conditions of supply);
To exercise control over the sale of products, the logistics of the organization, the financial and economic performance of the organization, the correct use of working capital and the intended use of a bank loan, the termination of production of products that do not have a market, and ensure the timely payment of wages to workers and employees;
Lead the development of measures for resource conservation and the integrated use of material resources, improve the rationing of the costs of raw materials, materials, working capital and stocks of material assets, improve economic performance and form a system of economic indicators of the organization’s work, increase production efficiency, strengthen financial discipline, prevent the formation and liquidation of excess stocks inventory items, as well as overspending of material resources;
Participate on behalf of the organization in fairs, auctions, exhibitions, exchanges for advertising and selling products;
Monitor compliance with discipline in the performance of tasks and obligations for the supply of products and their compliance with business contracts, study the market situation for products manufactured by the organization;
Organize the work of warehousing, create conditions for proper storage and preservation of material resources and finished products;
Provide rational use all types of transport, improvement of loading and unloading operations, take measures to maximize the equipment of this service with the necessary mechanisms and devices;
Organize work on the use and sale of secondary resources and by-products;
Ensure the timely preparation of budget and other documents, calculations, established reporting on the implementation of plans for the sale of finished products, financial activities, logistics and transport;
Coordinate the work of subordinate departments and departments.
5.1.2. Comply with the Internal Labor Regulations "___________" and other local regulations of the Employer.
5.1.3. Observe labor discipline.
5.1.4. Comply with labor standards if they are established by the Employer.
5.1.5. Comply with the requirements for labor protection and ensuring labor safety, the provisions of other local regulations.
5.1.6. Take care of the property of the Employer and other employees.
5.1.7. Immediately inform the Employer (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.
5.1.8. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.
5.1.9. Do not disclose information constituting a trade secret of the Employer. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets "____________".
5.1.10. By order of the Employer, go on business trips in Russia and abroad.
5.2. The employee has the right to:
5.2.1. Providing him with the work stipulated by this contract.
5.2.2. timely and in in full payment of wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed.
5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.
5.2.4. Compulsory social insurance in cases stipulated by federal laws.
5.2.5. Other rights established by the current legislation of the Russian Federation.
6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
6.1. The employer is obliged:
6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this agreement.
6.1.2. Provide the Employee with the work stipulated by this agreement.
6.1.3. Provide the Employee with equipment, technical documentation and other means necessary for the performance of their labor duties.
6.1.4. Pay on time and full size wages due to the Employee, as well as to make other payments on time, established by the Rules internal labor regulations.
6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.
6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.
6.1.7. Familiarize the Employee with all local regulations related to professional activity Employee.
6.1.8. Perform other duties established by the current legislation of the Russian Federation.
6.2. The employer has the right:
6.2.1. Encourage the Employee for conscientious efficient work.
6.2.2. Require the Employee to fulfill the labor duties specified in this agreement, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.
6.2.3. Involve the Employee in disciplinary and liability in the manner prescribed by the current legislation of the Russian Federation.
6.2.4. Adopt local regulations.
6.2.5. Carry out attestation of the Employee in accordance with the Regulations on attestation in order to identify the real level professional competence Employee.
6.2.6. Conduct an assessment of the effectiveness of the Employee's activities in accordance with the Regulations on the assessment of labor efficiency.
6.2.7. With the consent of the Employee, involve him in the performance of certain assignments that are not included in the official duties of the Employee.
6.2.8. With the consent of the Employee, involve him in performing additional work in another or the same profession (position) for an additional fee.
6.2.9. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.
7. EMPLOYEE SOCIAL INSURANCE
7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.
8. WARRANTY AND REFUND
8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.
9. RESPONSIBILITIES OF THE PARTIES
9.1. A party to the contract guilty of violating labor legislation and other regulatory legal acts containing labor law norms shall be liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.
9.2. The material responsibility of the party to the contract comes for the damage caused by it to the other party to the contract as a result of its guilty unlawful behavior.
9.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and / or inaction of the Employer.
9.4. Each of the parties is obliged to prove the amount of the damage caused.
10. TERMINATION
10.1. The grounds for termination of this employment contract are:
10.1.1. Agreement of the parties.
10.1.2. Termination of the employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this contract. The specified period begins the next day after the Employer receives the Employee's application for dismissal.
10.1.3. Termination of the employment contract at the initiative of the Employer.
10.1.4. Expiration of the period established by clause 2.2 of this agreement.
10.1.5. Other grounds provided for by the labor legislation of the Russian Federation.
10.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.
10.3. The Employer has the right to make a decision on making a compensation payment to the Employee in the amount of __________ in case of ____________.
11. FINAL PROVISIONS
11.1. The terms of this employment contract are confidential and not subject to disclosure.
11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
11.6. Prior to signing the employment contract, the Employee is familiar with the following documents:
_________________________
_________________________
_________________________
12. DETAILS OF THE PARTIES
12.1. Employer: ___________________________________________________ Address: ____________________________________________________________________ TIN ________________________________, KPP _________________________________ R / s ________________________________ in ____________________________________ BIK __________________________________. 12.2. Employee: ___________________________________________________________ passport: series _______ number __________, issued by ____________________________ ____________________ "___" _________ ____, subdivision code ___________, registered at: ____________________________________________. SIGNATURES OF THE PARTIES Employer: Employee: ____________/_______________/ _____________________________ M.P. A copy was received and signed by Employee "___" ___________ ____ d. Signature of Employee: ____________________As with other employees, it is necessary to conclude an employment contract with the commercial director of the organization. Such an agreement must contain all the general conditions established by Art. 57 of the Labor Code of the Russian Federation, with a number of features in the event that he is a deputy head.
Mandatory terms of an employment contract
The legislation establishes certain requirements for the content of the contract (Article 57 of the Labor Code of the Russian Federation):
- an indication of where exactly the work is being done;
- it is necessary to indicate the position, while in relation to the commercial director of the organization it is necessary to accurately determine the name of the position, since in this situation this entails quite serious consequences, which are discussed in the article;
- It is necessary to specify when the employee should go to work. If an agreement is reached on the conclusion of a fixed-term employment contract, the period of validity must be indicated;
- it should be indicated in what amount and procedure the work is paid, the procedure for calculating bonuses or other payments is determined;
- other conditions.
Also, the employment contract with the commercial director may provide for additional terms, in particular, on the preservation of commercial secrets, additional security for the employee and his family members (payment for housing, medical care, etc.), payments upon dismissal may be provided.
Deputy director or commercial director?
It should be noted that the Qualification directory of positions, approved. Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37, provides for the position of "Deputy Director for Commercial Affairs". A lot depends on the name of the position, that is, whether the employee is a deputy director or not. Yes, it depends on the trial period. According to part 5 of Art. 70 of the Labor Code of the Russian Federation, the total duration of the probationary period is 3 months, for managers and their deputies a six-month probationary period may be established. Therefore, if the position is called “commercial director” and not “deputy director”, then even if the position is leading in the organization, the establishment of a probationary period of more than three months may be considered illegal. A similar conclusion was made by Rostrud in Letter No. 2630-6-1 dated November 20, 2015, when answering the question about the possibility of establishing a probationary period of more than three months for an employee who holds a managerial position, in particular, a commercial director, but is not a deputy manager.
In addition, if the employee is a deputy director, then he has the right to conclude a fixed-term employment contract with him, since this is one of the cases provided for by Part 2 of Art. 59 of the Labor Code of the Russian Federation.
In the event of termination of the contract, the name of the position - "deputy director" or "commercial director" - also matters. When the owner of the organization changes, this is the basis for terminating the employment contract (clause 4, part 1, article 81 of the Labor Code of the Russian Federation). At the same time, in the event of termination of the contract due to a change in ownership, compensation must be paid, and the amount of such compensation is determined at least three times the average monthly salary (Article 181 of the Labor Code of the Russian Federation). Moreover, the employment contract may establish payment in larger size.
With regard to the taxation of payments upon dismissal, namely the application of paragraph 3 of Art. 217 of the Tax Code of the Russian Federation, the position of the regulatory authorities was formed - exemption from taxation is carried out regardless of the reason for dismissal (Letter of the Ministry of Finance of Russia dated November 22, 2016 N 03-04-05 / 68794) and regardless of the position (
In the employment contract with the commercial director, the following appendices apply:
In the employment contract with the commercial director, the following accompanying documents are used:
Labor contract with a commercial director are classified as employment contracts with specialists, and he has all the features of such an agreement. The employment contract with the commercial director or its annex (job description) indicates the skills or knowledge that the commercial director must possess.
The duties of the commercial director, which are indicated in the employment contract or job description, are established by the qualification directory of specialists, positions of managers, and other employees (approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 N 37, as amended on July 28, 2003).
In a sample employment contract with a commercial director, it is necessary to define the following job responsibilities: organizing the work of subordinate departments, managing economic financial activities enterprises.
The commercial director is classified as a manager, he is dismissed and hired by order of the director of the enterprise.
An employment contract with a commercial director is concluded with a person who has a professional higher education (engineering and economics or economics).
The commercial director closes all the commercial activities of the company, as a rule, it includes the services of purchases, sales, logistics and marketing.
The main functions that must be indicated in any sample employment contract with a commercial director include:
Sample employment contract with a commercial director
Employment contract with the commercial director - an agreement between the commercial director and the employer in labor law, establishes their mutual obligations and rights.
Employment contract with the Deputy Director for Commercial Affairs (termless without probation)
1. THE SUBJECT OF THE AGREEMENT
1.1. The Employer instructs, and the Employee assumes the performance of labor duties in the position of Deputy Director for Commercial Affairs in ______________.
1.2. The work under this contract is the main one for the Employee.
1.3. The place of work of the Employee is ________________________ at the address: _________________________________.
1.4. The work of the Employee under this contract is carried out under normal conditions. Labor obligations of the Employee are not related to the performance of hard work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.
1.5. The employee reports directly to ______________________.
1.6. The following structural subdivisions are subordinate to the Employee: _________________________.
2. TERM OF THE CONTRACT
2.1. The employee must begin to perform his labor duties from "___" _________ ____.
2.2. This agreement is concluded for an indefinite period.
3. CONDITIONS OF PAYMENT OF THE EMPLOYEE
3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of _________ (_____________) rubles per month.
3.2. The employer establishes incentive and compensation payments (surcharges, allowances, bonuses, etc.). The amounts and conditions of such payments are defined in the Regulations on bonus payments to employees "___________", which the Employee is familiarized with when signing this agreement.
3.3. In the event that the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position.
3.4. Overtime is paid for the first two hours of work at one and a half times, for subsequent hours - at double the rate. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
3.5. Work on a weekend and non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly norm of working time. At the request of the Employee, who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
3.6. Wages are paid to the Employee by issuing cash at the Employer's cash desk (by transferring to the Employee's bank account) every half a month on the day established by the Internal Labor Regulations.
3.7. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.
4. MODE OF WORKING TIME AND REST TIME
4.1. The employee is set a five-day work week with two days off - ____________________________.
4.2. Start time: ________________________.
Finishing time: _________________________.
4.3. During the working day, the Employee is given a break for rest and meals from ___ hours to ____ hours, which is not included in working hours.
4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.
The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.
4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "_______________".
5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
5.1. The employee is obliged:
5.1.1. Conscientiously perform the following duties:
Manage the financial and economic activities of the organization in the field of logistics, sales of products on the market and under supply contracts, transport and administrative services, ensure the efficient and targeted use of material and financial resources, reduce their losses, accelerate the turnover of working capital
To organize the participation of subordinate services and structural units in the preparation of long-term and current plans for the production and sale of products, the determination of a long-term strategy for commercial activities and financial plans of the organization, as well as the development of standards for the logistics of product quality, the organization of storage and transportation of raw materials, the sale of finished products
Take measures to timely conclude economic and financial contracts with suppliers and consumers of raw materials and products, expand direct and long-term economic relations, ensure the fulfillment of contractual obligations for the supply of products (in terms of quantity, range, assortment, quality, timing and other conditions of supply)
To exercise control over the sale of products, the logistics of the organization, the financial and economic performance of the organization, the correct use of working capital and the targeted use of a bank loan, the cessation of production of products that do not have a market, and ensure the timely payment of wages to workers and employees
Lead the development of measures for resource conservation and the integrated use of material resources, improve the rationing of the costs of raw materials, materials, working capital and stocks of material assets, improve economic performance and form a system of economic indicators of the organization’s work, increase production efficiency, strengthen financial discipline, prevent the formation and liquidation of excess stocks inventory items, as well as overspending of material resources
Participate on behalf of the organization in fairs, auctions, exhibitions, exchanges for advertising and selling products
Monitor compliance with discipline in the performance of tasks and obligations for the supply of products and their compliance with business contracts, study the market situation for products manufactured by the organization
Organize the work of the warehouse, create conditions for the proper storage and preservation of material resources and finished products
Ensure the rational use of all modes of transport, improve loading and unloading operations, take measures to maximize the equipment of this service with the necessary mechanisms and devices
Organize work on the use and sale of secondary resources and by-products
Ensure the timely preparation of budget and other documents, calculations, established reporting on the implementation of plans for the sale of finished products, financial activities, logistics and transport
Coordinate the work of subordinate departments and departments.
5.1.2. Comply with the Internal Labor Regulations "__________" and other local regulations of the Employer.
5.1.3. Observe labor discipline.
5.1.4. Comply with labor protection and labor safety requirements.
5.1.5. Take care of the property of the Employer and other employees.
5.1.6. Immediately inform the Employer (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.
5.1.7. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.
5.1.8. Do not disclose information constituting a trade secret of the Employer. Information that is a trade secret of the Employer is defined in the Trade Secret Regulation "___________".
5.1.9. By order of the Employer, go on business trips in Russia and abroad.
5.2. The employee has the right to:
5.2.1. Providing him with the work stipulated by this contract.
5.2.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.
5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.
5.2.4. Compulsory social insurance in cases stipulated by federal laws.
5.2.5. Other rights established by the current legislation of the Russian Federation.
6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
6.1. The employer is obliged:
6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this agreement.
6.1.2. Provide the Employee with the work stipulated by this agreement.
6.1.3. Provide the Employee with equipment, documentation and other means necessary for the performance of his labor duties.
6.1.4. Pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations.
6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.
6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.
6.1.7. Perform other duties established by the current legislation of the Russian Federation.
6.2. The employer has the right:
6.2.1. Encourage the Employee for conscientious efficient work.
6.2.2. Require the Employee to fulfill the labor duties specified in this agreement, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.
6.2.3. Bring the Employee to disciplinary and material liability in accordance with the procedure established by the current legislation of the Russian Federation.
6.2.4. Adopt local regulations.
6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.
7. EMPLOYEE SOCIAL INSURANCE
7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.
8. WARRANTY AND REFUND
8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.
9. RESPONSIBILITIES OF THE PARTIES
9.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, the Rules of the internal labor regulations of the Employer, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation .
9.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.
9.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.
10. TERMINATION
10.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.
10.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.
11. FINAL PROVISIONS
11.1. The terms of this employment contract are confidential and not subject to disclosure.
11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.
11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.
11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.
Editorial column
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Employment contract with the commercial director of the company
Employment contract with the commercial director - an agreement between the employer and the commercial director, according to which the employer undertakes to provide the commercial director with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements , local regulations and this agreement, pay the salary to the commercial director in a timely manner and in full, and the commercial director undertakes to personally fulfill the labor function, comply with the internal labor regulations applicable to the employer.
To conclude an employment contract with a commercial director, we recommend that you consider using the attached sample employment contract.
Employment contract with a commercial director - samples
An example of an employment contract. Employment contract with the Deputy General Director. Employment contract with the director of a commercial bankChile strange dances
form of employment contract with the commercial director
Employment contract with the general director. determine the composition and volume of information constituting a trade secret, as well as determine the procedure. Sample employment contract
Chapter 11. CONCLUSION OF AN EMPLOYMENT CONTRACT
Questions about personnel work and on work with personnel, the necessary forms and forms, samples with examples, etc. VIP version for commercial organizations. Inna Varfolomeeva, General Director of the Systemic Center, answers. Magazines and books Latest issue Labor disputes6 magazines and 57 books. EMPLOYMENT CONTRACT No. ____ between LLC ". represented by the General Director Petrov Petr Petrovich, acting on. The employee is hired in the structural unit of the commercial department.
form of employment contract with the commercial director
Should be promoted to commercial director. An employment contract concluded with the director may be. Rules for maintaining and storing work books, production of forms labor. The age at which the conclusion of an employment contract is allowed Conclusion. as well as the procedure for the production of forms of work books and their provision. you can conclude an employment contract with the commercial director. Hereinafter referred to as the Employee, on the other hand, have entered into this employment contract as follows 1. General Conditions. 1.1. Employment contract with a commercial director - samples
LABOR CONTRACT
with the General Director of the Limited Liability Company
in the face. acting on the basis. hereinafter referred to as the "Society", on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as the "General Director", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the "Agreement", as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. This agreement regulates labor and other relations between the Company and the General Director in connection with the performance by the latter of the duties assigned to him to manage the current activities of the Company. The Company is the employer of the General Director.
1.2. elected (appointed) to the position of General Director of the Limited Liability Company by decision general meeting participants of the Limited Liability Company Minutes of the general meeting of participants of LLC No. dated "" 2015. On the basis of this decision of the General Meeting of Members of the Company, the General Director issues an order on his assumption of office.
1.3. The General Director manages the current activities of the Company, including performing the functions of its sole executive body within the competence determined by the current legislation of the Russian Federation, the Charter and internal documents of the Company, as well as this agreement.
1.4. The main goal of the activity of the General Director is to carry out the most effective management of the Company, ensuring high profitability of the Company's activities, competitiveness of the goods (services, works, etc.), stability and stability of the Company's financial and economic position, ensuring the rights and legitimate interests of the Company's members and social employee guarantees. When exercising his rights and fulfilling his duties, the General Director must act in the interests of the Company, exercise his rights and fulfill his obligations towards the Company in good faith and reasonably.
1.5. The rights and obligations of the General Director in the field of labor relations, as well as social guarantees are determined by the Labor Code of the Russian Federation, laws and other regulatory legal acts, founding documents and internal documents of the Company, this employment contract.
1.6. During the period of activity in the office of the General Director, he has no right to hold positions, establish or take part personally or through affiliated enterprises of any organizational and legal form or through affiliated persons in any commercial organizations, with the exception of Companies that are part of a holding company, which includes itself Society, as well as in accordance with a special decision of the General Meeting of Participants of LLC. adopted by a simple majority of the members of the Company participating in the voting. The General Director is not entitled to make on his own behalf in his own interests or in the interests of third parties transactions similar to those that are the subject of the Company's activities.
1.7. The General Director is not entitled to disclose information that has become known to him in connection with the performance of official duties, which constitutes a commercial secret and confidential information about the activities of the Company, the disclosure of which may cause damage to the Company.
1.8. The General Director cannot be a member of the bodies exercising the functions of supervision and control in the Company, viz.
1.9. The General Director is subject to all types of compulsory social and medical insurance in the manner and under the conditions established for employees by the legislation of the Russian Federation.
2. OBLIGATIONS OF THE PARTIES
2.1. The duties of the General Director include the exercise of all powers of the sole executive body of the Company as commercial organization rights and obligations of the Company in relation to the members of the Company and its employees, bodies state power and local self-government, as well as the rights and obligations of the Company related to its production and economic activities and the management of subsidiaries and affiliates, except for the powers assigned by the charter to the competence of the general meeting of members of the Company and.
2.2. Responsibilities of the General Director:
3. WORKING HOURS
3.1. The General Director is assigned an irregular working hours.
3.2. The time of attendance at work, the need to go on business trips are determined by the General Director independently, based on the production needs, current tasks facing the Company and the need to fulfill the obligations assigned to it by this agreement.
4. REST TIME
4.1. The General Director determines a break for rest and meals during the working day on his own, at a convenient time for himself.
4.2. The CEO is given two days off per week.
4.3. The General Director is granted an annual basic paid leave of 28 calendar days and additional paid leave for irregular working hours of calendar days.
4.4. The main and additional paid holidays are granted to the General Director during the working year within the terms set by him independently, taking into account the current production and economic activities of the Company and fixed in the vacation schedule.
5. PAYMENT FOR ACTIVITIES
5.1. Payment for the activities of the General Director consists of the official salary and bonus payments, the amount of which is determined in accordance with clause 5.3 of this agreement on the basis of objective indicators of the effectiveness of his work in managing the Company, i.e. availability of profit, increase in sales, etc.
5.2. The official salary of the General Director is set at the rate of rubles per month.
5.3. According to the results of financial and economic activity for the quarter, the General Director receives a bonus in the amount of % of the profit received by the Company for the given reporting quarter.
5.4. Subject to the fulfillment of the Company's business plan and the official duties assigned by this agreement, the General Director is paid a vacation remuneration in the amount of an average monthly salary for each annual paid vacation. The decision to pay vacation remuneration is made by the General Meeting of the Company's Members.
6. TERM OF AGREEMENT AND PROCEDURE FOR ITS TERMINATION
6.1. This agreement comes into force from the moment of its signing by the parties and is valid for years until the relevant decision of the General Meeting of the Company's Participants on the appointment of the General Director. If by the decision of the General Meeting of Members of the Company, for any reason, not a single candidate was nominated within the time limits and in the manner prescribed by the Charter of the Company (all candidates withdrew their candidacies, there was no quorum of the meeting, etc.) a new General Director was not elected (appointed), powers of the person acting as the General Director shall be extended until his successor, elected at the next General Meeting of the Company's Members, takes office. In this case, the term of this agreement shall be extended accordingly for the period until the election (appointment) of a new General Director of the Company.
6.2. This agreement may be terminated early:
6.3. In the event of termination of this employment contract before its expiration by decision of the General Meeting of Members of the Company, in the absence of guilty actions (inaction) of the General Director on the day of dismissal, he is paid compensation for early termination of the employment contract with him in the amount of the average monthly earnings of the General Director.
6.4. In case of termination of the employment contract with the General Director in accordance with paragraph 4 of Article 81 of the Labor Code of the Russian Federation in connection with the change of the owner of the Company, the new owner is obliged to pay compensation to the General Director in the amount of average monthly earnings.
6.5. In the event of liquidation or reorganization of the Company, when the position held by him cannot be retained by the General Director, the Company is obliged to notify him of the forthcoming termination of the contract no later than two months in advance. In this case, the Company pays the General Director a severance pay in the amount and in the manner established by the current legislation, as well as compensation for early termination of the employment contract with him in the amount of average monthly earnings.
7. RESPONSIBILITY OF THE GENERAL DIRECTOR
7.1. The General Director shall be liable to the Company for losses caused to the Company by his guilty actions (inaction), unless other grounds and amount of liability are established by federal laws.
7.2. The General Director is not responsible for the damage caused to the Company in the following cases:
7.3. When determining the grounds and extent of liability of the Director General, the usual conditions of business transactions and other circumstances relevant to the case must be taken into account.
7.4. The General Director is liable for damages resulting from decisions taken by him that go beyond his competence. The General Director is not released from liability if the actions entailing liability were taken by the persons to whom he transferred his rights.
7.5. For violations labor discipline The General Director is responsible in accordance with the current labor legislation of the Russian Federation. Penalties on the General Director are imposed by decisions of the General Meeting of Members of the Company.
8. PROCEDURE FOR CHANGING THE TERMS OF THIS AGREEMENT. FINAL PROVISIONS
8.1. The terms of this agreement may be changed by mutual agreement of the General Director of the Company and the General Meeting of Members of the Company.
8.2. All changes and additions to this agreement are valid if they are executed in writing and signing by the General Director and the Chairman of the General Meeting of Members of the Company. If during the period of validity of this agreement changes are made to the labor legislation, this agreement is valid in the part that does not contradict the law, while an additional agreement to this agreement is not concluded.
8.3. In the event of disagreements in the performance of the terms of this agreement, they are subject to settlement through negotiations between the General Director and the General Meeting of Members of the Company. In case of failure to resolve the negotiation process contentious issues disputes are resolved in court in the manner prescribed by the current legislation of the Russian Federation.
8.4. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation of the Russian Federation.
8.5. This Agreement is made in duplicate, having equal legal force. One copy of the agreement is kept by the General Director, the other - in the documents of the General Meeting of Members of the Company.
9. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Society Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC.
