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Sample employment contract with the head of a separate subdivision. Employment contract with the head of a separate subdivision Employment contract with an employee of a separate subdivision

09.02.2022

"Personnel issue", 2012, N 1

EMPLOYMENT CONTRACT WITH THE HEAD OF A SEPARATED UNIT

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

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

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

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

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

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

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

Readers' attention 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.). Such powers of the head of the branch are determined by the parent organization, since, in accordance with Art. 55 of the Civil Code of the Russian Federation, in order for the head of the branch to have the right to hire and dismiss employees, it is necessary to consolidate these powers, for example, in an employment contract, a power of attorney.

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

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

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

Articles of association;

Regulations on the branch;

Power of attorney issued by the organization.

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

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

Must be certified by the seal of the parent organization.

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

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

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

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

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

Conclusion of an employment contract

with the head of a separate division

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

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

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

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

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

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

According to Art. 70 of the Labor Code of the Russian Federation for heads of branches, representative offices and other separate structural divisions of organizations, a probationary period for employment cannot be set for more than six months.

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

The procedure for terminating employment contracts with the head

upon termination of activities of branches and representative offices

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

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

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

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

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

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

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

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

_________________________ "__" _____________ 20__

(city, town)

______________________________________________________________________,

(full name of the employing organization)

represented by ___________________________________________, acting on the basis of

(position, full name)

Hereinafter referred to as the "Employer",

on the one hand, and _________________________________________________________,

(Full name of the employee)

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

position _________________________________________________________________

(name of position and separate structural

Hereinafter referred to as the "Division", with

departments of the organization)

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

1. Subject of the employment contract

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

(basic, by

_________________.

part-time)

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

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

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

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

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

2. Rights and obligations of the Employee

2.1. The employee manages the activities of a separate

structural unit of the Employer in the manner determined by ___________

____________________________________________.

(charter, regulation on the division, etc.)

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

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

2.4. The employee has the right to:

Providing him with work stipulated by this employment contract;

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

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

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

2.5. The employee is obliged:

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

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 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;

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 ____________________________.

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

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

5. Working time and rest time

5.1. The employee is assigned the following working hours

time __________________________________________________________________.

(normal, reduced, part-time)

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

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

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

5.5. The employee is provided with an annual additional paid

leave of duration _______ in connection with _______________________________

(the basis for establishing

________________________.

extra leave)

6. Change and termination of the employment contract

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

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

7. Final provisions

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

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

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

To answer this question, it is first necessary to clarify what exactly is meant by transfer to a separate subdivision. An entry in the work book will need to be made if the place of work has changed during the transfer.

Transfer to a separate division

A separate division is not an employer. Only the parent organization can act as such, since it is a legal entity.

The employer needs to include a clause on the place of work in the contract, and if an employee is hired for a position in a separate unit located in another locality, this unit and its location should be reflected in the contract ().

According to article 66 of the Labor Code of the Russian Federation, the work book, among other things, reflects information about transfers.

In this case, the labor function of the employee does not change, only the corresponding unit changes. Therefore, admission to a separate subdivision will entail an entry in the work book either when the employee is transferred to another locality, or if the relevant structural unit from which the employee is transferred was originally specified in the contract.

Example: "Transferred to the confectionery shop as a cook in a separate division ...".

Admission to a separate division

Based on the status of a separate division (not a legal entity), the employee is hired by the parent organization.

If the subdivision is located in another locality, then on the basis of Article 57 of the Labor Code of the Russian Federation, the relevant contract must indicate that the place of work is a separate subdivision, indicating its location.

Article 57 of the Labor Code of the Russian Federation allows you to include additional conditions in the contract. Such conditions should not contradict the law regarding the infringement of the rights of the employee. As one of these conditions, the specification of the place of work is indicated, indicating the structural unit and its location. Therefore, an employment contract may specify a separate subdivision (sample in the appendix) as an essential condition when it is located in the same area as the parent organization.

If work in a separate unit is an essential condition of the contract, then the corresponding clause should be included in it.

According to paragraph 3.1 of the Instructions for filling out work books dated October 10, 2003, the work book reflects a record of employment in a division of the organization (if an essential condition for working in a division is included in the contract).

The labor legislation does not contain any other features for admission to a separate subdivision. Consequently, all the necessary "attributes" of employment apply to such workers, incl.

If a remote worker is hired for a position that, according to the SR, refers to: 1) a separate subdivision located in another locality; 2) an internal structural unit (department) within the organization itself, is it a violation to indicate in his TD that he was accepted to the position of the corresponding separate subdivision or structural subdivision? Approximate wordings will be: 1) The employee was hired by Romashka LLC as an interpreter for the Ivanovo branch of Romashka LLC? 2) The employee was hired by Romashka LLC as a translator of the client department of Romashka LLC? or will the structural unit in any case be considered a violation of Article 312.1 of the Labor Code of the Russian Federation that remote work is carried out “outside the location of the employer, its branch, representative office, other separate structural unit”? I repeat that our goal when indicating a separate or structural unit in the TD remote worker - to determine which division the position belongs to according to the SR, since there are translators in several divisions, and we need to clearly distinguish between divisions. Please provide links to confirming legal acts, clarifications from government agencies and the court case

Answer

Answer to the question:

In accordance with Part 1 of Article 57 of the Labor Code of the Russian Federation, a condition on the place of work is mandatory for inclusion in an employment contract.

Problems in determining the place of work often arise for employers, since labor legislation does not clearly define the place of work.

In the theory of labor law, a place of work is understood as a specific organization located in a certain area (settlement), its representative office, branch, or other separate structural unit. If the organization and its separate structural unit are located in different localities, based on part 2 of article 57 of the Labor Code of the Russian Federation of the Labor Code of the Russian Federation, the employee’s place of work is specified in relation to this structural unit (section 1 of the Review of the practice of considering court cases related to the implementation by citizens of labor activity in the regions of the Far North and areas equated to them, approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014).

According to Rostrud, an employment contract on remote work should contain information about the place of work in which the remote worker directly performs the duties assigned to him by the employment contract (letter dated October 7, 2013 No. PG / 8960-6-1 « About determining the place of work of a remote worker » ).

Meanwhile, in the event that the organization has a separate division for which a separate staffing table is drawn up, and the position of the employee is provided for by the staffing table of a separate division, indicating a separate division as a place of work will be appropriate and lawful. This corresponds to the legal position of the Supreme Court of the Russian Federation.

Employees whose work is of an intellectual nature are often hired for remote work. We are talking about programmers, designers, journalists, etc. The result of their work, as a rule, does not have a material form. This distance work differs from home work, since home work involves the performance of mechanical actions and the material result of labor ().

Remote workers should be included in the staff of the organization on an equal basis with regular employees. Labor law does not provide for any exceptions in this sense. In addition, a separate unit usually does not arise at the place of work of a remote employee. And this means that the employer has no obligation to register it with the tax office.

We receive documents to conclude an employment contract for remote work

The main question that arises when applying for a job as a remote worker is how to get documents from him for concluding an employment contract (). This can be done in three ways: ask the employee to bring the package of documents in person, send them by regular mail, or invite him to send all copies by e-mail. The latter option is more efficient and is preferred by most companies that use remote work. However, in order to exchange electronic documents, the company and the employee must have an enhanced qualified electronic signature (). Every document that one party sends to another must be signed in this manner.

The employer can always require the applicant to send him by registered mail with notification notarized copies of paper documents that were submitted electronically at the conclusion of the employment contract ().

A remote worker may not present a work book if he agrees with the employer that no entries about remote work will be made in it. It is advisable to fix this agreement in the employment contract. Even if an employee first goes to work, he may ask not to draw up a work book for him. If necessary, he can always confirm the work experience for this period with an employment contract (). However, in this case, he will have to independently obtain an insurance certificate of compulsory pension insurance ().

Making a job offer

For distance workers, the general procedure for hiring applies. At the same time, they take into account the features that are established by the Labor Code.

Acquaintance with local regulations. When applying for a job, before concluding an employment contract, the employer must familiarize the remote employee with local regulations: internal labor regulations, regulations on remuneration, requirements and instructions for labor protection, etc. (, Labor Code of the Russian Federation). Local acts can be sent to the employee by e-mail. They must first be signed with an enhanced qualified electronic signature (part , article 312.1 of the Labor Code of the Russian Federation). The fact that the employee has become familiar with the content of local acts will be confirmed by his response email, certified by a similar electronic signature ().

Labor contract. After familiarizing yourself with local regulations, send the employee an electronic form of an employment contract (). When drawing up a document, follow the general rules for concluding a contract (), but also take into account the special rules that apply to remote workers (sample below).

Be sure to indicate that you are concluding an employment contract for remote work (1). As the place of registration, select the location of the employer (2). If possible, indicate the place of work of the remote employee (3). This could be your home address or any other location where the workflow will actually take place. If for some reason the place of work cannot be specified, indicate only the place of conclusion of the employment contract. This will not be an error ().

In order to avoid disputes, write down the date of commencement of work in the employment contract (4). If there is an appropriate agreement, fix in the contract an agreement that an entry in the work book is not made (5).

Having concluded an employment contract for remote work in electronic form, you must send the employee a certified copy of the contract on paper by regular mail by registered mail with notification within three calendar days ().

If necessary, provide for the specific conditions of the employment contract that are typical for remote work: the procedure and deadlines for submitting reports on the work performed (6), the deadline for confirming the receipt of electronic documents from the employer (7), the need to be available during working hours via predetermined communication channels (8 ), the obligation to send, at the request of the employer, notarized copies of documents on paper (9), etc. Do not forget to indicate additional grounds for terminating the employment contract at the initiative of the employer (10).

The order of acceptance to work. Issue the same document as when hiring other employees. Use the unified form No. T-1 or another developed by the organization. The only difference is in filling in the column "Conditions for employment, nature of work." It says "remote work". Familiarize the employee with the order by exchanging electronic documents that are duly signed ().

Personal card. Get a personal card for a remote employee. To do this, you can use the unified form No. T-2 or another approved by the organization. Fill out the document for a remote worker in the same way as for an ordinary employee. Only in the header of the personal card of form No. T-2 in the column "Nature of work" indicate "remote work".

Employment history. An entry in the work book must be made only if the parties have not agreed otherwise. Make an entry in the general manner, without indicating the remote nature of the work. The current legislation does not provide for any specifics in this situation. In column 3 of the section "Information about work" of the work book, indicate the full and short name of the organization (11), in column 1 put the serial number of the entry (12), in column 2 - the date of its entry (13). In column 3, enter a job entry (14), and in column 4 - the details of the admission order (15).

Limited Liability Company "Sirius" represented by the General Director Grishin A.V. on a permanent basis concluded an employment contract on remote work dated March 21, 2016 No. 74 with Anna Sergeevna Shevyakova, personnel number - 25. She was given an official salary of 30 000 rubles. The trial period is three months. The employee must begin the performance of official duties on the same day.

Prohibited documents in the personnel service
Inspectors of the GIT and Roskomnadzor told us what documents should now in no case be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.


  • If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied court practice and prepared safe recommendations for you.

    • An employment contract is concluded with the employee. The place of work is a separate subdivision (registered in the TD), located in a different region relative to the head. In the preamble to the Employment Agreement, the contract is concluded between an individual and an LLC represented by the General Director (who works in the head). The question is, what is the place of conclusion of the employment contract? the city where the head is located (the general director who signs the Labor contract works) or the city where the OP is located (where the employee’s workplace is located)?

    the place of conclusion of the employment contract, in this case, indicate the city where the head office is located, since the contract is concluded between the LLC and the employee.

    As a general rule, the head of a separate subdivision can conclude employment contracts with future employees, but only by proxy.

    The place of work is a mandatory condition of the employment contract. If an employee is hired by a branch, representative office or other structural unit of the organization, the employment contract must indicate such a unit, as well as its location (Article 57 of the Labor Code of the Russian Federation).

    The rationale for this position is given below in the materials of the Glavbukh System

    1. Article:What is the safest way to write down the place of work in employment contracts

    The employee gets a job in a separate division

    Carefully

    In the employment contract of an employee from the unit, give not only his name, but also his address. This is a mandatory requisite (Article 57 of the Labor Code of the Russian Federation). Failure to do so can result in a fine of Rs 50,000.

    In an employment contract with an employee of a unit, the name of this unit and its address must be given as the place of work.

    This is mandatory if the additional office is located in another area. That is, outside the territory of the locality where the head office of the company is located (paragraph 16 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). Example entries:*

    Possible wording

    “1.3. Place of employment: OOO Vector, branch Dmitrovsky, Dmitrov, Moscow region, st. Bolshevik, 13.

    “1.3. The place of work of the Employee is the location of the Oryol branch of Alpha LLC: Orel, st. Gagarin, d. 22.

    MAGAZINE "CHIEF BUKH", № 20, OCTOBER 2015

    2.Situation:Can the head of a branch with a separate balance sheet conclude employment contracts with employees of another separate division. A branch and a separate subdivision are located in the same city

    Yes, he can, if he has such authority.*

    As a general rule, labor contracts with future employees of a separate subdivision can be concluded by its head by proxy. However, not every such unit has it. For example, the operating cash desk may not have a manager.

    In this case, the parent organization can empower the head of a branch with a separate balance sheet, which is located in the same city as the operating cash desk, with the authority to conclude employment contracts with its employees.*

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

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

    Characteristic features of a separate structural unit:

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

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

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

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

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

      Registration of an employee in a branch / representative office

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

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

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

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

      Before signing a cooperation contract, the employee must be familiarized with:

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

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

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

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

    Employment: Video

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

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

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

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

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