Employment contract with the director LLC

The head is a specific employee who represents, on the one hand, the interests of the company, and on the other hand, the employee who serves.

The dual legal status provides for certain peculiarities in the situation when the employment contract is concluded or terminated with the director of LLC.

The head of the company is an individual who manages the organization in accordance with the constituent documents or by law, as well as acting as 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. Economic companies 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 the legislation establishes 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 stipulated by the qualification criteria.

Generally, in LLCs and other business organizations, the professional qualifications of a manager can be prescribed in local legal acts that are approved by the supervisory board or at a general meeting.

The procedure under which an employment contract is concluded with the director of an 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 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 labor agreement with the director of LLC (the sample is available for review on many resources) is signed by the chairman of the board of directors. After the signing of the employment 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 contain conditions for a preliminary test - to verify the compliance of the head of the office 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 the probation period is not included in the contract.

If the labor contract with the director of the LLC is concluded without holding a tender, and the constituent documents contain this condition as a mandatory criterion for the selection of candidates, then such an agreement should 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.

In case of early termination of the agreement (contract) at the request of the owner of the LLC, in the absence of guilt of the head, he is compensated according to the law, the amount of which must be registered in the terms of the contract.