It is necessary to pay attention to the essence of the employment contract and the mandatory conditions that must be contained in this document. These issues are considered in Chapter 10 of the Labor Code. Specific details of the content of the contract are defined in Article 57 of the Labor Code of the Russian Federation.
The following conditions can be highlighted among the mandatory ones: place of work, job function, start date of work, terms of remuneration, working hours. In some cases, additional conditions are included in the contract. For example, information about the probationary period, the employee's obligations after completing training, confidentiality of information.
Place of work
As a rule, the place of work is simply chinese thailand data package indicated as the address. However, according to the law, the name of the legal entity and its location should be specified. Clause 2 of Article 54 of the Civil Code stipulates that the employer may only indicate the locality of registration (for example, OOO Stroyservis, Krasnodar).
At the same time, many experts recommend specifying the full address of the company. The Labor Code does not provide a clear answer to this question, and judicial practice on this topic is very diverse. Often, inspectors require clarification of the employer's address, although the exact location is required only when specifying a branch in another region (Article 57 of the Labor Code of the Russian Federation). Keep in mind that if you change your postal address, you may be required to renew contracts.
Job title
The position specified in the employment contract must fully correspond to that specified in the company's charter. The fact is that the manager acts as the legal representative of the company, making certain decisions and acting on its behalf.
Getting Started
According to the Labor Code of the Russian Federation, the start date of work is mandatory information when concluding a contract. However, if the manager is a foreign citizen, then the specific start date of work is often not indicated.
If you did not have this information at the time of signing the document, it is recommended to conclude an additional agreement. This document should be drawn up on the same day when the start date of work becomes known. To minimize risks, it is also recommended to include links to the relevant permits for work in Russia in the document.
Basis for granting authority
In some cases, employment contracts do not specify the basis on which the person signing the document has the necessary authority. However, according to Part 1 of Article 57 of the Labor Code, the contract must include information about the employer's representative who signed the contract and the reasons why he or she has the right to do so.
Empowerment of the CEO
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Signing an agreement with the head of the company is a special case, since it is carried out by the person specified in the Charter of the organization. Clause 1 of Article 40 of the Federal Law of February 8, 1998 No. 14-Federal Law "On Limited Liability Companies" states that the signature may be put by:
the chairman of the general meeting of the company's participants at which the general director was elected;
a member of the company by decision of the meeting (the authorized person is indicated in the minutes of the meeting);
Chairman of the Board of Directors (Supervisory Board) of the company;
a person authorized by a decision of the board of directors (supervisory board) of the company.
In accordance with paragraph 3 of Article 69 of the Federal Law of December 26, 1995 No. 208-Federal Law "On Joint-Stock Companies" (hereinafter referred to as the JSC Law), the chairman of the board of directors or a person authorized by the supervisory board signs the agreement on behalf of the organization.
Remuneration
If the CEO's salary is more than 25% of the value of the property (for limited liability companies) or the value of the assets (for closed joint-stock companies and an open joint-stock company), the agreement must be approved by the general meeting of participants or the board of directors.
These requirements follow from the provisions of Article 46 of the Law on Limited Liability Companies, Article 78 of the Law on Joint Stock Companies, and also from paragraph 10 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 16, 2014, No. 28. It is important to understand that such an agreement is considered a major transaction, which is prohibited to be concluded alone.
Working conditions
Sometimes employment contracts do not specify the working conditions of the CEO at the workplace, despite the fact that this requirement was established back in 2014. All the necessary information can be obtained from the workplace certification card or the special assessment card of working conditions. If these procedures have not yet been carried out, then the contract should indicate that data on working conditions will be included after the assessment.
Dismissal
Often, permanent employment contracts include a condition requiring the director to be notified of the intention to resign one month before leaving the job. Article 280 of the Labor Code clearly establishes this period, but there are other points of view. According to one of them, the employee must notify of his/her resignation at least 2 weeks in advance (Article 80).