Chief Accountant - correct registration of the general director's work book. Sample protocol for the election of the General Director

Head of the organization and Chief Accountant– these are not only status officials, on whose decisions depends normal functioning companies. At the same time, both the general director and the chief accountant remain employees who are in labor relations with the employing organization. The material discusses questions about how to apply for a job general director, how a general director can resign, how to make an entry in the work book about hiring a general director, who can reduce the salary of a manager, and others. We will discuss the hiring of the general director and other issues of labor relations with the top officials of the company.

From the article you will learn:

• Sample order for hiring a general director: is it always necessary to use the document?
• How to doentry in the work book about the hiring of a general director?
• Who can reduce a manager's salary?
• How can a CEO resign?

How to arrange an appointment with the General Director

Employees of personnel services, when hiring a director, wonder what the order is called, what it issues new CEO: about taking office or an order to hire a director?

Sample order for assuming the position of General Director

Who signs the order to hire the general director of an LLC?

The answer to the question of who signs the order for the employment of the general director, especially if the LLC participant and the general manager are different people– depends on how many participants there are in the company. If there is only one participant, then, naturally, he must determine the candidacy of the future general director and sign the order for him to hire the general director. If the company has a group of participants, then the question of who hires the director of the LLC must be decided collectively.

A CEO application is not required. Minutes of the meeting of participants are drawn up. At the meeting, a candidate must be selected from among the LLC participants or board members of the company and delegated to this person the right to sign an order for hiring a director on behalf of the company.

An order for hiring or minutes of a meeting of participants will serve as the basis for an entry to be made in the work book about the hiring of the general director (letter of Rostrud dated September 22, 2010 No. 2894-6-1).

Hiring a General Director - the only founder

HR officers have the most questions in situations where the general director is the only participant in the company. According to Rostrud, in this case an employment contract is not signed with the head of the organization at all.

Rostrud explains its position as follows: an employment contract is an agreement between an employer and an employee, that is, a bilateral act. In the absence of one of the parties employment contract it cannot be concluded. Thus, labor legislation does not apply to the relations of the sole participant of the company with the company established by him.

The only participant in the company in this situation must, by his decision, assume the functions of the sole executive body - director, general director, president, etc. Management activities in this case are carried out without concluding any contract, including an employment contract (letter of Rostrud dated March 6, 2013 No. 177-6-1).

Meanwhile, labor relations arise between the general director, the sole founder, and the organization. Note that Part 2 Art. 273 Labor Code of the Russian Federation It has been established that the provisions of Chapter 43 “peculiarities of labor regulation of the head of the organization and members of the collegial executive body of the organization” do not apply to the head of the organization, who is its only participant (founder). However, this does not mean that such a manager is not subject to the remaining norms of the Labor Code of the Russian Federation. And labor legislation obliges employers to enter into employment contracts with employees.

In this situation, you can use the explanations of Rostrud and not enter into an employment contract with the manager. But it’s better to “safeguard yourself” and draw up an employment contract. Despite the fact that in fact the employment contract is in this case will be signed by the same person, this will not mean that the manager enters into an agreement with himself, since the parties to the agreement are different entities: on the one hand, the employer organization, on the other hand, the manager-employee.

Let us note that today the need to draw up an employment contract in this situation has lost its former urgency. Previously, the absence of an employment contract with a manager resulted in problems related to the payment of sick leave and maternity benefits. But as of January 1, 2012, the problem was resolved. In subparagraph 1, paragraph 1, article 2 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity,” an addition was made, according to which compulsory social insurance in case of temporary disability and in connection with maternity, persons working under employment contracts are subject to this, including heads of organizations who are the only participants (founders), members of organizations, and owners of their property.

Sample protocol for the election of the General Director

Who signs the employment contract with the CEO?

When formalizing an employment relationship with the general director, the question often arises of who will sign the contract on the employer’s part. After all, as a general rule, it is its head who signs contracts on behalf of the organization. There are special rules for formalizing labor relations with the general director.

In limited liability companies, an employment contract on behalf of the company can be signed:

• the person who chaired the general meeting of the company's participants, at which the sole leader was elected executive agency society;
• a company participant authorized by a decision of the general meeting of company participants;
• the chairman of the board of directors (supervisory board) of the company (if the resolution of these issues falls within the competence of the board of directors) or a person authorized by a decision of the board of directors (supervisory board) (Article 40 of the Federal Law of 02/08/1998 No. 14-FZ “On Limited Liability Companies ").

IN joint stock companies the employment contract on behalf of the company with the elected manager is signed by the chairman of the board of directors (supervisory board) or a person authorized by the board of directors (supervisory board) of the company (paragraph 2, paragraph 3, article 69 of the Federal Law of December 26, 1995 No. 208-FZ “On Joint Stock Companies”) societies").

Sample employment contract with the general director

Entry in the work book about the hiring of the general director

Sample entry in the work book of the general director

Situation

According to the organization's charter, the general director is appointed to the position for a period of one year. The deadline has passed. What to do? Dismiss him under part two of Article 77 of the Labor Code (after the expiration of the employment contract) and hire him again? The founders entered into a new employment contract (there is a protocol).

If you intend to renew an employment contract with the general director, then you must first fire him due to the expiration of the previous employment contract, and only then re-hire the general director under a new one. fixed-term contract. You need to be presented with a protocol that records the decision of the meeting of founders. It is on the basis of this document that you will issue a dismissal order and an order to hire the director of the LLC. You will reflect this in your work book and personal card.

In practice, there are situations when a fixed-term employment contract with the general director has expired, and he, with the tacit approval of the founders, continues to fulfill his official duties. In this case, the contract with him is considered concluded for an indefinite period (part four of Article 58 of the Labor Code of the Russian Federation). True, one “but” should be taken into account here. Since the procedure for re-electing the head was not completed new term(there was no corresponding decision of the general meeting of founders), his figure as a representative of the organization becomes quite vulnerable. There is a risk that, if desired, business partners can challenge transactions concluded with the company as signed by an unauthorized person.

Hiring a director. How to register a part-time position as a director?

Situation

Currently, the general director works at company A. We (the founders) want him to be listed as a part-time worker in company “A”, and his main job would be in our company “B”. How can all this be reflected in the work book?

By decision of the meeting of founders, the general director must be dismissed from company “A”. This dismissal should be reflected in his work book. Then, also based on the decision of the founders, he was accepted into company “B”. An entry is made in the work book about the hiring of the general director. And finally, an agreement must be concluded with the manager to work on an external part-time basis in company “A” (this must be reflected in the work book only at the request of its owner).

Important issues of labor relations with the general director and chief accountant

Can a director manage a company from a distance?

What if the CEO, being one of the founders, moved to live in another city, but continues to work from home, via the Internet?

If this situation suits all the founders, then there is nothing illegal about it. The company can be successfully managed from a distance. But since in this case we're talking about on labor relations, the organization’s statutory documents or its local regulations must reflect the opportunity for the manager to work in remote access conditions.

Can an accountant work while on vacation?

A chief accountant who is on leave without pay cannot continue his work, transfer payments and receive money by check. In order to carry out his work functions, the employee must return from vacation.

How to transfer the general director and chief accountant to part-time work?

We, the general director and chief accountant, are the founders of the LLC. Registered with the organization as their main place of work (there are three employees in total). Due to the crisis, the company's work volume and profits decreased significantly. Therefore, with this, we want to either establish a part-time working day for ourselves (four hours), or arrange for the chief accountant and general director to work part-time. Please advise which option is better and how to arrange this without resorting to Article 74 of the Labor Code.

In this case, you should take as a basis Article 93 of the Labor Code (incomplete work time). You need to compile additional agreements to your employment contracts establishing or incomplete working week, or part-time. When working part-time, remuneration will be made in proportion to the time worked or depending on the amount of work performed. This mode of work does not entail for the employee any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.

Will there be a penalty for delaying wages while on vacation at your own expense?

The organization has two employees: a manager and an accountant. From November 10 to November 30, both of them were on leave without pay. Consequently, we did not receive an advance for November (the date for issuing the advance according to the organization’s internal documents is set on the 25th). Is it possible in this case to punish the organization for delaying payment - paying wages once a month?

Yes, it's quite possible. Since Article 136 of the Labor Code establishes that wages are paid to employees at least every half month, and violation of this requirement entails liability in accordance with Article 5.27 of the Code Russian Federation about administrative offenses.

This provision provides for a fine for legal entity in the amount of up to 50,000 rubles. It should be noted that if leave without pay were issued to employees for an entire calendar month (from November 1 to November 30), then they would not be able to claim any payments. And, naturally, there would be no talk of any delay in wages.

Who can reduce a manager's salary?

Can the general director of an LLC reduce his own salary, and how can this be done legally? Or should such a decision be made by the meeting of founders?

No, he can not. Such a decision has the right to be made only by the body that, on behalf of the founders, concludes an employment contract with the general director. For example, this could be the board of directors. However, it should be remembered that lowering wages employees (including the general director) are allowed only if there are legal grounds for this.

Is it possible not to pay salaries to the director and chief accountant?

The company (LLC) was formed in February 2009. We have two employees and they are also the founders, one of whom is the general director, and the second is the chief accountant. Is it necessary to conclude an employment contract with them and pay wages? Or is there some way to avoid this?

Employment contracts must be concluded with both the general director and the chief accountant, and everything must be formalized personnel documents, calculate and pay wages. After all, in addition to the fact that they are the founders of the company, they are also employees who have an employment relationship with this company.

From the Labor Code of the Russian Federation (Article 276)

The head of an organization cannot be a member of the bodies performing the functions of supervision and control in this organization.

The head of an organization can work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the organization’s property, or a person (body) authorized by the owner.

21.05.2017, 16:50

The general director is the main and first person of the enterprise or firm. He makes responsible decisions on hiring and firing employees, issues orders, and evaluates personnel. Despite the many areas of activity, the CEO is himself an employee. Moreover, the company’s labor relations arise with him even when he is a sole participant (shareholder). The dismissal of the general director, whose work book is recorded in the same way as for other employees, is subject to more detailed consideration.

Determination of the status of the general director with a note in the work book

The structure of entries in the general director’s work book directly depends on the reasons that influenced the termination of the employment contract. According to the Labor Code (Labor Code of the Russian Federation), the head of the company is individual, which exercises supreme control, including sole leadership. The designation of the head's position is established by the company's constituent documents or is regulated by law. Like the main employees, a personal card is issued for the director - form T-2.

Legal grounds for dismissing a company director

The special status of the general director of the company determines the specifics of ending the labor relationship with him. How to fire a general director with a record in the labor record is interpreted by law.

The dismissal of a manager can lead to unforeseen consequences, disruptions in work, loss of suppliers, even stopping the operation of the entire enterprise. In the case where the director considers himself to be illegally dismissed or the procedure was carried out with violations, he may not give the stamp and basic documents, which will lead to the impossibility of registration and provision financial statements, cooperation with partners, concluding supply contracts and other transactions.

Since the director has additional powers, unlike other employees, termination of employment relations with him must have legal and specific grounds.

The grounds for terminating labor relations with the general manager of the company, temporary and permanent managers in business companies are provided for by the labor legislation of the Russian Federation, regardless of the organizational and legal form of the enterprise. The exceptions are:

• manager is a sole participant, founder, member of the company, owner of property;
• in the case when management is carried out under a contract by another organization (manager) or an individual entrepreneur.

The CEO is responsible for the company’s activities, its condition and development, which directly depend on him as professional knowledge, skills and abilities, as well as personal qualities, including psychological ones. In the process of hiring a manager, the owners of the enterprise, as a rule, are aware of his abilities and qualities, having certain goals that he must achieve within the framework of his position. In the event that the goals are not achieved, the owners of the company (shareholders, proprietors, staff) are obliged to eliminate the error in the most short terms. There are often other reasons for the dismissal of a company manager.

It is worth considering that the manager himself has completely legal grounds to terminate the employment contract with the company. In case of dismissal, according to the law, it is necessary to notify the owners one month before the official date of leaving the position.

Legislative aspects of dismissal of a director

As a rule, dismissal issues are resolved in the same area as the conclusion of an employment contract. In an LLC or JSC, the director must be dismissed by a decision of the meeting of participants or shareholders, if such a nuance is specified in the charter of the enterprise.

In a budgetary or unitary enterprise, the dismissal process is determined by the owner of the assets.

In non-profit companies, such issues are regulated by constituent documents. So, often, the dismissal is carried out by the owner of the assets, but the decision must be made by the team before this and such a process is formalized in the form of a protocol. However, violation or inconsistency of the procedure for convening and holding such a meeting labor collective may lead to the dismissal of a manager being declared illegal through the court.

Stages of dismissal

Stage 1

The authorized body makes a decision on dismissal during a team meeting, and by the same decision a new general director and the person responsible for the transfer of affairs are elected.

Stage 2

Drawing up an order on the resignation of the director on the final working day.

Stage 3

Drawing up an act of acceptance and transfer of documents.

Stage 4

Calculation and registration of entries in the work book.

Stage 5

Within 3 working days, information is entered into the register of legal entities and bank details.

Entry in the work book about dismissal

The dismissal of the general director with an entry in the work book is carried out in accordance with the law.

Reason: bankruptcy

The note in the work book about the dismissal of the general director is regulated by the Labor Code, Art. 278. In accordance with the law, a manager can be removed if the enterprise is declared bankrupt. When dismissing, it is mandatory to follow the procedure for its implementation.
To remove a manager, a decision of the arbitration court is required, with a clear indication that the manager has been transferred to another position or the contract with him has been terminated. Based on the option, an order to terminate the employment relationship is developed.

In accordance with the “Rules for maintaining and storing work books”, it is established that data must be entered into it in accordance with the article. The procedure for registering an employment record involves entering the following data on the dismissal of the general director:

• record number – 1st column;
• date of dismissal from position – 2nd column;
• reasons for dismissal – 3rd column;
• link to the document according to which the director was dismissed, order number and date.

Decision of the workforce, owner, manager

It is possible to terminate the employment relationship with the general director on the initiative of a decision of the authorized body of the legal entity, the owner of the assets, or the authorized owner.

The final decision on termination of the employment contract is made in relation to the head of the unitary enterprise in accordance with current legislation.
Upon registration this decision An entry is made in the work book:

• serial number, column 1;
• date of termination of the employment contract, column 2;
• reason for dismissal - column 3;
• the legal document on the basis of which the dismissal occurred.

Dismissal for other reasons

The constituent documents and employment contract may stipulate other reasons for the dismissal of the general director. And they will not necessarily be specified in the laws. Such reasons include: failure to perform or improper performance of their duties by the manager.
In case of dismissal for the specified reason, the employment record will look like this:

• serial number – column No. 1;
• date of dismissal of column 2;
• the reason for termination of the employment relationship is the third column;
• legal document regulating reduction.

The law states that all entries in the work book must be certified by the employee himself, an employee of the personnel department and the seal of the employer. According to the law, the manager receives a work book on the day the employment contract is terminated. When it is issued and received by the employee, he signs the personal card.

Dismissal at your own request

In the event of the dismissal of a director due to the expiration of his term of office, the expiration of the employment contract, or at the discretion of the participants (board of directors, shareholders, owners, management company), a separate decision is made to terminate the powers of the director.

In case of dismissal due to at will, the director notifies at least 1 month in advance. If the employment contract was fixed-term, then the warning is given to the director three days before the expiration of the employment contract.

Rules and examples of making entries in the work book

Decor work book General Director, a sample of which can be seen below, is carried out according to developed standards. According to the date of dismissal, an entry is made in the work book, which must correspond exactly to the text of the order and references to labor legislation.

If the dismissal of a manager occurs due to bankruptcy of the enterprise, then the entry in the work book may be as follows:

If the director resigns due to the decision of the team, the owners of the enterprise, then the entry may look like this:

If the dismissal of the general director occurs for other reasons, then pay attention to the following sample entry in the work book:

The record of the dismissal of the general director is necessarily based on the constituent and legislative acts. The dismissal of a CEO is not a rare occurrence, however, it entails serious consequences for the company. The legal formalization of this process is important element, which can be easily contested if executed incorrectly.

Many employers have questions that are directly related to entries in the work book when it comes to hiring senior employees of the company, namely the general director. We will look at all the nuances of how such a recording should be done correctly.

Initially, in order to understand all the nuances of filling out a work book when a general director is hired, you need to know the procedure for drawing up documents such as an employment contract and a hiring order.

This need arises because the design of these papers also has its own characteristics.

How to properly draw up an employment contract: hiring a general director

An ordinary worker, when applying for any job, must write an application with a corresponding request addressed to the employer or the head of the company. But for the director there is no such rule. He is hired to work on the basis of a document such as a protocol of appointment this person for the position of executive officer - General Director. This protocol is signed by the founder of this company. What to do in the case when the future general director is the founder himself? This person signs the protocol on his appointment to a leadership position independently.

This agreement states:

1. Full name of the future general director.
2. Passport data.
3. Pension insurance certificate number.
4. Place of residence.
5. Address of the place of residence.

When the general director is hired by a joint-stock company, the contract with the applicant is signed by the chairman of the board of directors, and this can also be done by a representative authorized by one of the named governing bodies - Law on Joint-Stock Companies, Article No. 69, paragraph 3.

When a general director is hired by an LLC, this agreement with the applicant can be signed by one of the named persons - LLC Law, Article No. 40, paragraph 1:

1. The chairman of the general meeting of all participants of the LLC, at which this manager is elected.
2. LLC participant authorized general decision this meeting.
3. Chairman of the Board of Directors of the LLC.
4. A person who is authorized by the decision of the board of directors or supervisory board.

The moment when the company has one owner is also taken into account. In this option, the CEO must be appointed by that sole owner-shareholder. In the case where the future general director himself is the founder of the company, he signs an employment contract both for himself as a future employee and for himself as an employer.

Any of the above documents must be certified by the seal of the employing company.

How to correctly write an order for hiring a general director?

Since the employer’s employment contract with the future managerial employee (general director) has already been concluded, then on its basis it is necessary to issue a unified order for hiring this employee (form T-1, which is approved by the State Statistics Committee - Resolution No. 1 of 01/05/2004). In this case, this document is signed by the same person (employer) who signed the previous document and the person authorized general meeting(board of directors) or the hired general director himself.

Another nuance: another order must also be issued, recording the assumption of the position of this managerial employee - letter No. 5205-6-0 of Rostrud, dated December 19, 2007. This document contains the following information:

1. On what date does the CEO take up his position?
2. On what basis does this executive have the right to act on behalf of this company.

How should you fill out a work permit when hiring a general director?

Standard rule for everyone again hired employees is the corresponding entry in the personal work book. To do this, in the relevant document of the General Director in the job information, you should indicate:

• full name of the employer company;
• its abbreviated name.

The serial number of this entry must be entered, and the date when the general director was hired for this position in this company is entered.

The third column directly contains the record of the owner of the book being hired for this job. You also need to make a reference to the unified order for hiring this employee (this is the basis for his future work activity). The details of the decision of the authorized body of the employer company on the appropriate appointment are also written down - letter No. 2894-6-1 of Rostrud dated September 22, 2010.

Approved

Decree of the Government of the Russian Federation

EMPLOYMENT HISTORY

Job details

The information entered into the director’s book is strikingly different from the records of ordinary employees. This is natural, because here the employer and the employee are the same person, and this is not a completely standard case. However, if you need to enter information into the director’s TC, act with confidence. Rest assured that the director has the legal right to serve in these roles simultaneously.

The director's TC has a dual essence: it may well be no different from an ordinary book. It may legitimately contain an ordinary entry about an unremarkable appointment to the position of director. The appointment may be based on the basis of the order.

At the same time, unlike ordinary employees, the director of an enterprise is hired by the decision of the constituent body. Therefore, some experts propose to include both documents in the initial basis for the procedure being performed: the order with its output data and the decision on which the issued order is based.

1. “Accepted as (the position of) director.”
2. "Appointed to the position of director."

Legal basis

The regulatory framework governing the entry into the manager’s Labor Code consists of several specialized legislative documents:

1. Letter of the Ministry of Labor dated December 19, 2007 No. 5205-6-0.
2. Part 3-4 art. 66 Labor Code of the Russian Federation.
3. Instruction approved by the Ministry of Labor dated October 10, 2003 No. 69 (clause 3.1).
4. Rules for maintaining and storing Labor Code dated April 16, 2003 No. 225.
5. Local acts and regulations.
6. Solution constituent assembly.

Basic rules for making an entry

In terms of the form of ownership: LLC, CJSC, etc., the director is elected by the general meeting. The presiding officer approves the protocol, which becomes a statement of the fact of the appointment. The employment contract must be drawn up according to general rules, in the generally accepted form. But instead of the employer, the party employing the director is the chairman of the meeting of founders

He also has the right to sign an order, which is based on the result of the decision of the founders, and the right to sign an order for the director to take office. As in other cases, you need to include in the entry. All entries are made

• carefully;
• legible handwriting;
• no mistakes;
• without blots;
• in accordance with the instructions.

The indicated procedure is applicable to the position of a director when he acts as a general director, who may not be the only co-founder. The status of the director may differ from the status of the general director, in which case the conditions for making an entry will be different.

If you are the director of an organization, where there are no clerks, accountants, etc., and you were promoted to the position by self-appointment, then an entry in the book, as well as the signing of all related documents you have the right to contribute yourself.

In addition, there is a procedure for making an entry in the Labor Code for directors secondary schools, which is carried out through the personnel department of public education.

Directors of Houses of Culture, Children's Folk Art Centers, sports schools and similar institutions are accepted by regular order through the Department of Culture, Sports and Tourism. That is heads of municipal institutions are hired for the following positions:

1. In the usual manner by a higher authority (department).
2. By election through competition.

Step-by-step instruction

When hiring a manager for a position by the personnel service of municipal self-education, documents are required from him, confirming qualifications and necessary for employment:

1. Education document.
2. Employment history.
3. Application for a job.

The application is written to the head of the department (division). After its approval, an order of appointment is prepared and the wording of the entry is entered.

If the position is elective in a municipal institution, LLC, CJSC, etc., a decision of the constituent meeting is necessary. Based on it, an order is created, and based on the order, a record is made. It is most advisable, according to experts, to indicate in the fourth column the document on the basis of which the appointment order and the order itself were issued, in a form typical for all information.

When filling out the work record, you must first enter in the third column, where information about the work is reflected, the name of the organization that makes an entry in the work book of the general director about hiring or enter your organization, unless otherwise provided. In this case it is not allowed:

• put a serial number;
• indicate the date.

1. In the first column is the serial number of the entry, based on the number under which the previous entry was made.
2. In the second column is the date of hiring of the director. Do not confuse this with the date the information was entered or the date the order was issued.
3. In the third column is the entry itself, which reflects information about the boss’s hiring: whether he was accepted, elected, appointed, etc. to his position.
4. Two documents as legal grounds: an order and a decision or one of them.

The nuances of hiring a director

The employee only needs to submit an application for employment; at this stage, the specific features lie only in personal and social qualities. Based on the results of the interview and after the approval and selection of his candidacy, he may be accepted.

But for this, the fact of dismissal must be recorded in the applicant’s labor code with an appropriate entry. Without it, recruitment to a position cannot take place. The next stage will depend on who the director’s employer is:

• municipality;
• himself;
• co-founders.

In addition, it will be important whether this position is elective or whether the person is appointed by order of management more high level. Depending on these factors it should work algorithm further actions, which may consist of:

1. In simple acceptance by order.
2. In a similar edition of the order to himself.
3. In the resolution of the co-founders.

After establishing the basis, an order for employment is issued and an entry is made into the labor record. Please keep in mind that after the hiring order for large enterprises, where the director is elected by decision or vote, it is necessary to issue a second order - on his assumption of office.

The second order is not reflected in the labor report, but serves the purpose internal organization activities.

Upon subsequent receipt of another education, it is carried out.

How to make an entry in the work book for the general director - a sample of hiring based on the protocol:

Entry in the work book about the appointment of the general director - a sample of acceptance based on two protocols:

Hiring by translation

In the case when hiring is carried out by translation, the following documents must be additionally attached to the listed documents:

• statement;
• order.

These documents are provided as confirmation of the permission of the translation by the organizations. That is, the director gets a job before leaving his previous one. Applying for a job, he waits for confirmation by a superior in the hierarchy and the release of the order.

With the received order, he turns to the previous employer. Based on this order, he is dismissed in the order of transfer, and in the desired place he is accepted in the same way - in the order of transfer. However, if the admission is subject to a decision being made by the meeting or in the case of an elective position, this process cannot be canceled.

It must be carried out in the conditions of the transfer of the director at a convenient time for this, but no later than the execution of the employment order.

After making a record of dismissal by transfer, you do not have the right to accept the provided labor for production if the transfer indicated in the document concerned not yours, but some other organization.

Only a translation made on the basis of your document has legal force.(order, agreement, approved application) that you provided for the dismissal of the director to his previous place of work.

If a transfer to the position of director is carried out within one organization as a result of a promotion, the entry is made in the usual way, without reference in the wording about the transfer to another position.

For example, “elected (appointed) director”, indicating:

• serial number of the record;
• dates;
• appointment order.

In this case, it is also possible to indicate in the last column two documents (if there is a second one) that were used to make the appointment. The same algorithm of action applies to hiring - a sample based on the order:
0

Entering information about dismissal

Dismissal is a fairly important process for making employment records, since on the basis of reliably entered information, admission to a subsequent position will be carried out. new organization.

In case of an erroneous entry, the work book may be declared invalid until the error is corrected. During this time, the director may lose the position he is interested in, and you may become a defendant in litigation.

Particularly serious problems can arise from situations in which in the event of an employer's refusal to hire, after dismissal by transfer. Then the entry is invalid. Therefore, do not make such entries without good reason.

In order for you to issue an order for dismissal by transfer, the director must provide you with confirmation from the new place of work that he is actually hired there.

It could be:

• copy of the order;
• certified statement;
• notice of employment.

Based on this document and the resignation letter submitted to you, you must make an order, and put both reasons in your personal file and keep it for yourself after dismissal. In case of unforeseen circumstances, you will be fully insured and relieve yourself of responsibility for what happened.

If you did everything properly, but an unpleasant incident still occurred, you will have no choice but to correct the record. A person who was not accepted for the position he planned can write you an application to correct the entry in which the reason for dismissal is the initiative of the director.

You'll have to issue an order that the entry made under the corresponding number must be considered invalid, and new information about dismissal at one’s own request or on the initiative of the employee must be entered, with reference to clause 3 of Article 77 of the Labor Code of the Russian Federation.

If a director resigns at his own request, he should not have any problems, regardless of the form of ownership of the enterprise from which he is resigning. The labor legislation of the Russian Federation indicates the need for unhindered termination of contracts in this case.

The only condition is to submit an application two weeks before the dismissal date. If there is a need to consider this issue at a meeting of founders, the meeting must meet within the designated two-week period.

Who signs the work book upon dismissal of the general director:

1. The person who signed the order for his appointment.
2. Worker personnel service or a person authorized to maintain work records.
3. Chairman of the meeting of founders, based on the decision made.
4. If there is no need for a meeting, he does it himself.

Choosing the most appropriate one listed options consists in the procedure established at the enterprise (organization) and the availability of specialists responsible for personnel records management.

Sample entry in a work book on the dismissal of the General Director:

Dismissal of a director entry in the work book - sample:

Features of making entries in the director’s TC

Conclusion

The appointment and dismissal of a director is based on existing unified instructions and rules, which, of course, must be observed. In addition to them, there are quite specific aspects that give records legal employment status.

The director may delegate his powers to dismiss another person or dismiss yourself - these procedures are not provided for any other position, with the exception of the director. In this case, you need to carefully double-check the correctness of the entries made and enter information into your personal card and logbook.

The director of the enterprise, despite his leadership position and characteristics job responsibilities, a worker like everyone else. Therefore, his labor relations are subject to the same formalization as any other employee. An employment contract is also concluded with him, and an administrative document on employment is issued. This means that an entry in the work book about the appointment as a director must be made on a common basis for all, in accordance with the Labor Code of the Russian Federation.

The only difference and at the same time difficulty in making this entry is that experts have not formed a consensus on the administrative document, which should be indicated as the basis:

• a hiring order issued by an enterprise, some believe)
• decision of the constituent body on the appointment - others believe)
• it is necessary to indicate both of them, others say.

The document on the basis of which an entry in the work book about the appointment of a director is made

If we take into account that the entry is made in a general manner, then the basis for the entry should, like everyone else, be the order to hire the enterprise. But, taking into account the specifics of hiring a director and the fact that the very wording of the entry speaks of appointment and not hiring, it would be more appropriate to refer to a document of the constituent body (decision of the board of directors or meeting of shareholders, order of a higher organization, etc.). What to choose?

None normative document and the rules for maintaining work books do not prohibit the indication of two documents at once in the column of the basis for making an entry. Therefore, if you indicate in the entry the details (date, number) of the hiring order and the decision of the constituent body on the appointment of a director, you will not make a mistake. But you will be insured against possible questions and complaints from regulatory organizations.

How to formulate an entry in the work book about the appointment of a director?

If the entry is formulated on a general basis, it may sound like “Accepted as director...”, but instructional documents often offer the option “Appointed to the position of director...”. The same can be read in the text of the founder’s decision (resolution). The first method, of course, will not be wrong, but the second is preferable.

There is no need to write the name of the company after the word “directors”, since it is already indicated above. But if the director’s position involves the management of a structural unit of the organization (director of a branch, factory, production association), or the structure of the enterprise requires the presence of several directors (for personnel, sales, development), then the recording needs to be continued. The full name is indicated structural unit or positions.

How to make an entry in the work book about appointment as director?

Otherwise, the entries in the director’s work book are identical to all other entries when hiring for any other position:

1. The heading placed in column 3 is the full one, and if available, also short name enterprises (organizations). It is possible to affix a special stamp with the name.
2. The entry number strictly corresponds to the continuous numbering of entries in the work book.
3. The date is placed in the fields provided for day, month, and year. The year is indicated by four digits, the month and day by two, with a zero if necessary.
4. Entries in columns 3 and 4 are made in accordance with the formulations and supporting documents discussed above.

Since hiring a manager is carried out according to general rules, the director must be familiar with both the hiring order and the entries made in his work book. This is mandatory even if he is the only employee of the enterprise and prepares everything himself. There are no legal restrictions on this.

Special cases

How to make an entry in the work book about the appointment of a director if he is the sole founder of the enterprise? The problem of such registration for work is not clearly reflected in current legislation. IN Labor Code The Russian Federation considers the relationship between employers and employees, but does not provide for a situation where the employer is practically absent. How and on what basis can an entry be made in the work book in this case?

On the one hand, the employer is absent. But on the other hand, the manager acts as an employer for all other employees. Although the conclusion of an employment contract by the same person on both sides is not allowed, the law does not prohibit the director from signing an order on his own hiring or taking on a position. And if there is an order, based on it, you can make a corresponding entry in the manager’s work book. If there is no other personnel suitable for this in the company, then the director can do this himself.

Features of registration when moving from one organization to another

If the director of one enterprise transfers to a managerial post in another organization, then for this case there are two ways to reflect this transition in the entries of his work book:

1. It is possible to arrange a transfer from one main job to another, as provided for by labor legislation. In this case, a corresponding transfer order is issued, and on its basis an entry is made in the work book with the text “Transferred to ... (name of enterprise or organization) to the position of director.”
2. A more complex, two-stage option involves first dismissing the director from his previous job and then hiring him in a new organization. Dismissal and hiring require the publication of relevant administrative documents. There will also be two entries in the manager’s work book.

The procedure for registering dismissal from the position of director and making an entry in his work book is similar to hiring.