Employment contract with the head of a separate division. Requirements for the director of a separate division

Employment contract with the manager separate subdivision

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 registration employment contract with the specified person.

Article 55 of the Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) it is determined that a representative office is a separate subdivision 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 the isolated structural divisions acts on behalf of the organization (employer) on the basis of the position and power of attorney. This information must be reflected in the employment contract with the head of the branch or other separate subdivision.

The attention of readers should be drawn to the fact that the power of attorney and the employment contract must necessarily define the rights of the head of a separate subdivision to sign personnel documents on behalf of the employer (for example, orders for admission, dismissal, relocation, etc.). In the absence of documentary confirmation of the authority of the manager 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, 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 a 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 provision 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 the branch (representative office), his appointment to the position, which follows from Article 16 Labor Code Russian Federation (hereinafter - 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 the 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 locality where the organization itself is located, the place of work is indicated indicating 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 in 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, collective agreement agreements, employment contracts.

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 in the event of a single gross violation by the head of the branch (representative office) of his job 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 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 in terms of the degree of harmfulness and (or) danger are optimal (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 regulations 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 regulations legal acts Employer), in external civil and economic relations related to the activities of the unit, the Employee acts on behalf of the Employer on the basis of a power of attorney issued to him.

2.3. Represent the interests of the Employer in relations with 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 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 ensuring labor safety, other local regulations Employers directly associated with 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 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, labor protection and labor safety requirements;

– 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;

- 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 size wages due to the employee deadlines;

- 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 in the amount 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, and 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 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 on 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 Employee's personal file, the second one is kept by the Employee.

7.4. Addresses and details of the parties:

Employer:

JSC "Natasha" CEO Ivanov V.A.

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

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

1. Subject of the employment contract

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

1.2 Work for the Employer is for the Employee: ____________________. (main, 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 "__" __________ 20__.

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

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

2. Rights and obligations of the Employee

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

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

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

2.4. The employee has the right to:

Providing him with work stipulated by this employment contract;

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

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

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

2.5. The employee is obliged:

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

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

Observe labor discipline;

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

Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, the property of other employees;

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

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

3. Rights and obligations of the Employer

3.1. The employer has the right:

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

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

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

Encourage the Employee for conscientious efficient work;

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

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

3.2. The employer is obliged:

Provide the Employee with work stipulated by this employment contract;

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

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

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

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

4. Remuneration and social guarantees

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

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

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

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

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

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

5. Working time and rest time

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

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

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

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

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

6. Change and termination of the employment contract

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

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

7. Final provisions

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

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

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

Employment 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.

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 manager 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.

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.

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").

Keep in mind that in the employment contract it is necessary to distinguish between the labor function and the powers of the head of the unit. The powers defined by the employer in local acts and (or) defined in the power of attorney issued to the head of a separate subdivision, if they are not specified in the employment contract, are subject to change by the employer unilaterally, which does not entail the consequences established by 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.

- 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

1. Subject of the employment contract

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

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 regulations 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.

2.4. 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;

– 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, labor protection and labor safety requirements;

- 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 in the amount 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.

4.4. 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

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

7.4. Addresses and details of the parties:

Employer:

JSC "Natasha" General Director Ivanov V.A.

OP. For example, responsibilities might include:

management of the EP within the framework of the tasks assigned to it;
implementation of planning of EP activities, organization and control over the implementation of EP activities;
participation in recruitment and distribution official duties employees of the EP;
participates in long-term and current planning, preparation of orders, orders and other documents related to the activities of the Representative Office;
compliance necessary conditions labor protection and staff development;
participation in decision-making to encourage and hold accountable employees of the EP.

The personal responsibility of the head of a separate subdivision is established for the timely and high-quality performance of the assigned official duties, goals and objectives set by the parent organization for the OP.

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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.

Responsibilities of the division head

Attention

When creating a separate subdivision (SD), the head of the parent organization has the right to appoint a responsible person to manage this subdivision. Relations between the management of the main office and the management of the EP are formalized in the form of an employment contract, as well as a power of attorney to manage the unit, which enables the head of the EP to represent the interests of the company.

At the same time, the head of the OP exercises his powers on behalf of the head office, since he himself is the sole body of the legal entity. person is not. An employment contract concluded with the head of the EP is drawn up in accordance with the requirements of the Labor Code of the Russian Federation.

Employment contract with the head of a separate division

Duties of the head of a separate subdivision This is not only about organizing the activities of the subdivision in accordance with the goals and objectives set by the legal entity, but also about the implementation of certain powers of the employer in relation to the employees of the separate subdivision. Secondly, special place among the acts defining legal status head of a separate structural unit, occupy founding documents organizations and local regulations: organization charter, subdivision regulations, job description, qualification characteristics by position, as well as individual law enforcement acts, for example, orders for empowerment. In labor legislation, a separate division of an organization is called a structural division, which puts it on a par with other divisions of the organization that are part of its structure.

Head of a separate division

Important

Full name) acting on the basis, hereinafter referred to as the "Employer", on the one hand, and (name of the employee), hereinafter referred to as the "Employee", who is appointed to the position (name of the position and a separate structural unit of the organization) , hereinafter referred to as the "Subdivision", on the other hand, have entered into this employment contract as follows: 1. SUBJECT OF THE EMPLOYMENT CONTRACT 1.1. This employment contract regulates the relationship between the Employer and the Employee related to the performance by the latter of the duties of the head of a separate structural unit of the Employer.

1.2

Work at the Employer is for the Employee: .(main, part-time) 1.3. This employment contract is concluded for an indefinite period.

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

Employment contract with the head of a separate subdivision sample

The employee was familiarized against signature; - observe labor discipline; — take good 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, not to 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; — …
Also, the head of the unit will be responsible if the tax service is not provided in a timely manner accounting reports, calculations and other documents necessary for the payment of taxes. Employment contract with the head of a separate subdivision Sample employment contract with the head of a separate structural subdivision » » 20
(city, locality), (full name of the employer organization) in the person acting on the basis of (position, full name), hereinafter referred to as the "Employer", on the one hand, and, hereinafter referred to as The “Employee”, (full name of the employee) who is appointed to the position (name of the position and, a separate structural unit of the organization) hereinafter referred to as the “Unit”, on the other hand, have concluded this employment contract as follows: 1. Subject of the employment contract 1.1.
If there is none, then the further dismissal of the employee also takes place according to the rules for the liquidation of the company. This circumstance is explained by the fact that with the dismissal of the head, the current unit is actually closed.
According to labor legislation, measures can be applied to the head of the EP disciplinary responsibility. For example, for gross violation labor duties or if the head made a decision that caused large material losses or led to damage to the property of the company, a penalty in the form of dismissal may be imposed on the head of the unit.
These measures apply only to the heads of branches, and cannot be applied to their deputies and assistants. What does the head of a separate division do? The main task The head of the OP is to perform the tasks assigned to him by the head of the company.

Employment contract with the head of a separate subdivision sample 2017

A structural unit is recognized as separate if it is located in another area, i.e. in the area outside the administrative-territorial boundaries of the corresponding settlement where the organization itself is located. At the same time, labor legislation simultaneously operates with the terms of civil and tax legislation: branch, representative office, other separate structural unit.

Info

The division of structural divisions through the sign of territorial isolation is of primary importance in the following cases. When it comes to specifying the place of work in the employment contract in accordance with the requirements of Article 57 of the Labor Code, it should be noted here that in this situation the consequences provided for in Article 72 of the Labor Code are applicable.

Drawing up an employment contract The conclusion of an employment contract with the head of a separate subdivision is carried out in accordance with the norms of the Labor Code of the Russian Federation. The duration of the contract can be either fixed or indefinite. In the first case, a temporary contract is concluded. Usually the head of the company independently decides on the appointment of the head of the OP. The appointed head of the OP acts on behalf of the company on the basis of a power of attorney. In the employment contract and power of attorney in without fail the duties and rights of the head of the EP, as well as the limits of his competence, are indicated. The main documents regulating the rights and obligations of the head of the EP are: When drawing up an employment contract, it must indicate the place of work of the future head, and if the OP is located in a different area from the location of the parent company, then the address of the EP is additionally indicated.

Job description
director of a separate subdivision of a legal entity (branch, representative office) [name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions of the Labor Code of the Russian Federation and other regulatory legal acts governing labor relations.

1. General Provisions

1.1. The director of a separate subdivision of a legal entity belongs to the category of managers and reports directly to [name of the position of the immediate supervisor].

1.2. A person who has higher education and at least [value] years of senior management experience.

1.3. The director of a separate division must know:

Normative legal acts regulating the production, economic and financial and economic activities of a separate subdivision, resolutions of federal, regional and local authorities state power and management that determine the priority areas for the development of the relevant industry;

Methodological and regulatory materials of other bodies relating to the activities of a separate subdivision;

Profile, specialization and features of the structure of the organization as a whole and a separate subdivision in particular;

Prospects for technical, economic and social development industries;

Human resources of a separate division;

Tax, labor, civil legislation;

Economic and financial management of an organization (enterprise);

Ethics of business communication;

Psychology of business relations;

Principles, methods of personnel management;

Strategic and marketing aspects of management;

Requirements for the preparation of business documentation;

Fundamentals of jurisprudence;

Rules and norms of labor protection.

2. Job responsibilities

The director of a separate division is assigned the following job responsibilities:

2.1. Managing the activities of a separate division.

2.2. Organization of work and interaction of structural divisions of a separate division.

2.3. Organization of the activities of a separate subdivision based on the use of modern technology and advanced technologies, progressive forms of labor organization.

2.4. Ensuring the safety and use of the property of a separate subdivision for its intended purpose.

2.5. Taking measures to provide a separate subdivision with qualified personnel, rational use and development professional knowledge and experience.

2.6. Ensuring that employees are paid on time and in full.

2.7. Taking measures to ensure that employees of a separate subdivision fulfill their official duties.

2.8. Enforcement labor discipline, promoting the development of labor motivation, initiative and activity of subordinates.

2.9. Security right combination economic and administrative methods of management, the application of the principle of material interest and responsibility of each employee for the work entrusted to him and the results of the work of the entire team of a separate subdivision.

2.10. Representation and protection of the interests of a separate subdivision in court, arbitration, state authorities and administration by proxy.

2.11. Solving issues related to the financial and economic activities of a separate subdivision.

2.12. Ensuring and monitoring compliance with the rules on labor protection and fire safety.

2.13. Conducting business negotiations.

2.14. Participation in the development of the development strategy of the organization as a whole.

2.15. Compilation of established reports on the work done.

2.16. [Other Job Responsibilities].

The director of a separate subdivision has the right to:

3.1. For all social guarantees provided for by law.

3.2. Make proposals to higher management on improving the work of a separate unit and the organization as a whole.

3.3. Independently make decisions within their competence and organize their implementation by employees of a separate unit.

3.4. Require the management of the organization to assist in the performance of their professional duties and the exercise of rights.

3.5. Make civil law transactions and represent the interests of a separate subdivision by proxy.

3.6. To interact with the heads of structural divisions of the organization, to receive information and documents necessary for the performance of their duties.

3.7. Supervise the activities of subordinate employees.

3.8. Sign and endorse documents within their competence.

3.9. Improve your professional qualifications.

3.10. Other rights provided for by labor legislation.

4. Responsibility

The division director is responsible for:

4.1. For non-fulfillment or improper fulfillment of their official duties provided for by this job description - within the limits determined by the current labor legislation of the Russian Federation.

4.2. For causing material damage to the employer - within the limits determined by the current labor and civil legislation of the Russian Federation.

4.3. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal, civil legislation of the Russian Federation.

The job description was developed in accordance with [name, number and date of the document].

Head of structural unit

[initials, last name]

[signature]

[day month Year]

Agreed:

head of the legal department

[initials, last name]

[signature]

[day month Year]

Familiarized with the instructions:

[initials, last name]