The head is a specific employee, representing, on the one hand, the interests of the company, and on the other hand, a serving employee.
The dual legal status provides for certain peculiarities in the situation when a labor contract is concluded or terminated with the director of an LLC.
The head of the company is an individual,carrying out the management of the organization in accordance with the constituent documents or by law, as well as performing the functions of its sole executive body. It should not be forgotten that the head is an official authorized person of the employer who has the right to make his own decisions that result from labor relations. Business associations that have separate subdivisions or subordinate subsidiaries conclude an employment contract with the general director of the LLC. This title of the post must be fixed by the constituent documents.
It should be said that legislationestablishes special requirements for the position of the head. This person must have a higher education and work in managerial positions for more than five years. As an exception, it is permissible to employ persons whose length of service and education does not meet the requirements provided for by the qualification criteria.
In general, in LLC and other economic organizationsprofessional qualifications of the manager can be prescribed in local legal acts, which are approved by the supervisory board or at the general meeting.
The procedure for concluding an employment contractwith the director of LLC, depends on the legal organizational form of legal entities. So in LLC, a person who will solely exercise the functions of the executive body is elected in accordance with the charter at the general meeting of participants or the board of directors. At the same time, a non-participant in the company, a third party, can be appointed as a director.
The decision taken at the general meeting or the board of directors is formalized by a protocol in which the results of a simple vote are displayed. Most votes are sufficient to appoint a director.
On behalf of the employer a new employment contract withdirector of LLC (sample is available for review on many resources) is attached by the chairman of the board of directors. After signing the labor agreement on the basis of the minutes of the meeting, the head of the LLC issues an order to appoint himself to the position. This procedure is mandatory, since the order is a legal act.
An employment contract with the director of an LLC may containconditions for preliminary testing - to verify the compliance of the head of the post entrusted to him. In this case, this period can not be longer than three months. In addition, the constituent documents may establish the passage of special procedures before assuming the office of the head (for example, an open or closed competition), as well as the candidate's compliance with special criteria. However, when holding a competition, before the conclusion of the labor agreement, the condition of a probationary period is not entered into the contract.
If the employment contract with the director of LLCconclude without holding a tender, and the constituent documents contain this condition as a mandatory criterion for the selection of candidates, then such an agreement must be terminated on the basis of violation of the rules for admission to the post.
The employment contract with the director of the LLC is urgent, its operation is prescribed in the constituent documents or in the agreement of the parties. Usually this period does not exceed five years.
With early termination of the agreement (contract)at the request of the owner of the LLC, in the absence of the fault of the head, he is compensated by law in accordance with the law, the amount of which must be prescribed in the terms of the contract.</ p>