Rules and procedure for creating an entry in the work book about hiring the general director of an organization

Since the general director’s employment status is not much different from an ordinary employee, his hiring is regulated by the Labor Code of the Russian Federation.
However, this regulation has its own nuances, determined by the position of the head of the organization. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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For example, the position of general director is not always taken on the basis of a simple appointment to the position (for example, when a person has “grown” to it). In this case, in addition to Section 3 of the specified regulatory act (dedicated to the mechanism for concluding an employment contract with an employee), other articles will be used to regulate the hiring procedure. If an employee was approved as a general director at a meeting of founders or elected to this position and appointed to it, then Articles 16, 17 and 19 of the Labor Code are subject to use.

The process of concluding an employment contract with a manager of this level is fully regulated in Article 275 of the said code. But the use of this article is carried out in interaction with Chapters 10 and 11 of the Labor Code.

As for filling out the work book itself of the head of the organization, the procedure for completing all relevant entries in this document is contained in the provisions of the Instructions for filling out work books, approved by the Russian Ministry of Labor in 2003.

In particular, it is this document that says who is filling out this document, as well as what legal acts of the organization should be considered as the basis for making appropriate entries in the work book form.

What the law says

Labor legislation does not specify specific requirements regarding the procedure for filling out work books for hired managers of organizations. The appointment of the general director to the position is carried out on the basis of a legal act (decision of the founders, decision of the meeting of participants, etc.) or an order for personnel. Opinions differ regarding the indication in the employment order document regarding the manager, because Clause 3.1 of the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69) speaks of the possibility of indicating an order or other decision of the employer on admission. Some experts believe that the labor document must indicate either an order or a decision of the constituent body on appointment to a position. Others believe that both documents should be included.

Despite the leadership position, the director of the organization is the same employee as everyone else. Labor relations with him are formalized in a general manner, and entries in the work book are made on a basis common to all employees. When filling out the document, you should be guided by Appendix No. 1 to Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 and Resolution of the Government of the Russian Federation dated April 16, 2003 No. 225.

Differences between the general director’s work book and the work books of other employees

The main difference between the work book of the general director of the organization and other employees is the mechanism for filling out column 4 of this document. This is due to the fact that the general director can either be appointed to his position based on a decision of the relevant meeting of founders (if he himself is a founder), or accepted for this position, for example, in the case of filling such a position with a third-party employee.

If we are talking about the second option, when an ordinary employee is appointed to the position of General Director, then the mechanism for filling out the work book is no different from similar documents of ordinary employees , since such an employee is hired on the basis of specially issued orders (only he himself signs such orders) .

At the same time, if we talk about the general director elected from among the founders, then in this case, when filling out the work book, one feature will appear: in column 4, reflecting information about the document that provides the basis for the emergence of such labor relations, information is recorded not only about the order, on the basis of which legal relations arise with the general director, but also data on the minutes of the meeting of founders, which reflected the decision made.

In this case, information about the minutes of the meeting is first indicated, and then about the order of appointment to the position.

Otherwise, there are no differences from the work book of an ordinary employee.

Filling out a work book: general rules

When drawing up a work book for the general director (a sample will be presented below), you must adhere to the general rules:

• make all entries in black, purple or blue ink;
• Fountain, gel and ballpoint pens are allowed;
• the text of each entry must correspond to the document (order, decision) on the basis of which it was made;
• reductions are not allowed;
• dates should be specified in the format dd.mm.yyyy;
• corrections and cross-outs are prohibited, if it is necessary to make changes to any entry - in column No. 3 they write “Entry No. ... is invalid”; then indicate the correct information;
• entries in the work book are made in Russian, and can also be additionally made in the language of the republic within the Russian Federation, if it uses its own state language along with Russian;
• entries in the work book should be certified by the signature of the manager or the person responsible for maintaining personnel documentation and a seal (if any).

In case of transfer to the position of director

Considering the specifics of the appointment and dismissal of the general director, such a decision can only be made by the founder or the board of founders. It must be recorded in the protocol and the number of this document is entered in paragraph 5 of the work book.

In most cases, the dismissal of the previous general director and the transfer of another employee to his position is formalized by a general protocol.

The transfer of a new managerial employee itself can be formalized by a special “Order on his appointment to a new position based on the decision of the founder.”

An alternative option may be to formalize the transfer through dismissal and signing a new Employment Agreement.

Entry in the employment record about the hiring of the general director

The reception of the director (a sample entry in the work book is given below) is formalized as follows:

• In the 1st column indicate the serial number of the entry.
• In the 2nd column indicate the date (day, month and year) from which the manager began to perform his official duties.
• In the 3rd column, first write down the name of the legal entity (you can put a stamp). Then indicate information about hiring. An entry, for example, might look like this: “Elected to the position of General Director” or “Accepted to the position of General Director.”
• In the 4th column, the details of the basis document are written. For example: “Order No. 365-ok dated September 17, 2018” or “Decision of the general meeting of participants of Investgroup LLC dated September 25, 2018 No. 14.”

If the hired employee is an external part-time worker, this information can be indicated in the work book at his request. The entry will look like this: “Accepted part-time to the position of director of the Limited Liability Company “Maximum” (LLC “Maximum”).

Specifying a base document has its own characteristics:

• in column No. 3 it is indicated “Appointed...” when the basis document is an order;
• in column No. 3 indicate “Elected...” when the basis is the decision on election or the minutes of the general meeting of participants, board of directors, etc.

The work book is filled out by a specialist appointed by order of the manager (usually a personnel officer). If the organization does not have such employees, the manager or founder himself can make an appointment.

Upon dismissal

When dismissing the general director, an entry is made in the same way as for ordinary employees. It is necessary to indicate the article, part and paragraph of the article of the Labor Code of the Russian Federation. As the basis, as in the case of hiring, you can specify a personnel order or a decision of the founder.

Often in practice the question arises of who certifies the entry in the work book of the general director. As Rostrud noted in letter No. 1143-TZ dated March 11, 2009, a record of dismissal can be certified by a person who previously entered into an employment contract with him. The CEO himself can make the assurance.

Sample resignation letter

If the director is a part-time director

If the director of an organization works part-time, his work book remains at his main place of work. A record of his part-time work may also be made there. Making such an entry is made solely at his request. These rules are established by Article 283 of the Labor Code of the Russian Federation.

Responsibilities

The commercial director is one of the key persons in the organization. He is a senior executive. His competence includes the financial and economic part, budget planning, coordination of work in departments, etc. In a word, everything that will be specified in the contract. The latter is concluded with the manager, who is the only immediate superior of the appointed employee.

The contract contains a link to the job description. The standard, generally accepted job description of this employee covers several aspects of the activity:

• Planning. To support the general director, the commercial director builds strategies regarding production and various economic issues.
• Analysis. A good commercial director has well-developed analytical skills. He, of course, must react quickly in acute situations, but the main thing is to prevent their occurrence.
• Finance. The employee is primarily engaged in finding and expanding sales markets and increasing sales volumes.
• Control. Plans must be implemented. The appointed commercial director is also responsible for this. This is especially true for the financial expectations of the organization.

This is not a complete list of activities of the average commercial director.

Corrections

Each company has its own specifics of holding this position, which must be reflected in the relevant documents. The order only records the fact of appointment.

In order to be able to make adjustments without redoing the order, you can only refer to the job description. Then the order will have legal force even if the instructions are changed.

As for corrections in the text of the order, they are extremely unwelcome.

What regulations should you follow?

The rules for the design and content of the book are regulated by several official documents.

The Labor Code lays the foundation for the mechanism for handling this certificate.

Labor Code of the Russian Federation

For example, article 66:

• establishes the very concept of a work book;
• determines the Government of the Russian Federation as an authorized executive body, which, in turn, approves the procedure for using the document, the method of producing forms and supplying them;
• requires employers, excluding individuals who do not belong to the group of individual entrepreneurs, to keep work books of their subordinates;
• regulates the nature of records;
• allows you to add information about part-time work at the discretion of the employee.

The work book is mentioned in several articles of the Code:

• 65, includes it in the package of documents necessary for concluding an agreement;
• 84.1 determines the procedure for issuance during the dismissal process;
• 62 establishes the rules for providing a duplicate;
• 165, 234, 394 allow you to count on compensation for violations committed by the employer.

To regulate practical issues of handling work books, official bodies have issued the following decrees:

• 225 of April 16, 2003 of the Government of the Russian Federation on the procedure for maintaining, storing, manufacturing and distributing;
• 69 of October 10, 2003 of the Ministry of Labor on registration rules;
• 117N dated December 22, 2003 of the Ministry of Finance of the Russian Federation on methods of providing forms.

In addition, you should definitely pay attention to the Letter of Rostrud dated September 22, 2010 No. 2894-6-1 on the basis for drawing up column 4.

You can download these documents here:

Decree of the Government of the Russian Federation of April 16, 2003 N 225

Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69

Order of the Ministry of Finance of the Russian Federation dated December 22, 2003 N 117n

Letter of Rostrud dated September 22, 2010 No. 2894-6-1

Do I need to put a stamp on my work book? Read about it in our article. Are days of compensation for unused vacation rounded up? Find out here.

Components of an order

The order has a structure typical for this type of document. The document is laconic, strict, refers to the decision of the sole founder, employment contract, job description. At the top of the sheet are indicated:

• Full name of the organization, its details.
• Location of the organization.
• Date of signing the order. It is from the moment of signing that the document is considered to have legal force.

Below is the main part of the document. It begins with a mention of the basis (decision of the sole founder or minutes of the general meeting). All documents referred to in the text must have a number and date of signing.

An order may contain several items. But the main one is directly about the appointment of a certain person as commercial director. Registered:

• Full name of the appointee;
• time of entry into force of the document;
• for what period is it appointed (maximum - 5 years).

As an addition, the following may be indicated:

• Does the commercial director have the right of first signature on financial documents?
• Amount of remuneration.
• Who develops the draft employment contract for the appointed person.
• Establishment of full financial liability.
• To whom and within what time frame it is necessary to familiarize the designated employee with the order.

At the conclusion of the order for the appointment of a commercial director, there are signatures of the general director and the appointee, as well as everyone who was mentioned in the order (for example, the head of the personnel department, the head of the legal service, the chief accountant, etc.).

As for storage periods, the paper belongs to the category of personnel orders and must be stored for at least 75 years.

What information should I enter?

Depending on the order in which the manager was appointed, a corresponding entry is made. In this case, the employment record must be made in one of these options:

• Hired as manager/general director;
• Appointed to the position of head/general director;
• Elected to the position of manager/general director.

Regarding the choice of wording, the decision here is made by the employee whose authority includes filling out employee work books. The most correct, however, is considered to be the entry in which the word “Appointed” appears. It is suitable both for employees who came to the organization for the first time, and for employees who received a position due to a promotion.

Conditions for appointing a person to the position of General Director

To appoint a specific person as CEO, several main steps are carried out:

1. Convening a general meeting where all shareholders are present).
2. Discussion of the candidacy and the time frame for which the person is elected.
3. Decision on the appointment of the general director.
4. An agreement is signed between the employer (the elected chairman) and the general director.
5. Issuance of an order stating that the general director is taking over the post.

Before holding a meeting, you must notify its participants in advance. Next, they must be registered. If a person has not passed the registration stage, then he does not have a place as a voting participant. Personal presence at the shareholder meeting is not necessary, as the participation of appointed representatives is permitted. The powers of these persons are determined by a special document (power of attorney).

An employment contract is drawn up and concluded in accordance with the law, where the requirements in this case apply to everyone (Articles 67-68 of the Labor Code of Russia). The contract must reflect the following aspects:

• place of work of the manager and places visited in connection with his official position;
• position and its name, which must be on staff;
• responsibilities of the general director;
• working conditions, if they do not coincide with the general ones.

Due to general rules, no more than three days are allotted for reviewing this document.

After completing these important procedures, you need to inform the tax authority about the appointment of a person as general director and record the information in the Unified State Register of Legal Entities.

Conditions for appointing a person to the position of director

To appoint a person as a director, you also need to:

1. Organize a meeting of directors (council).
2. Discuss candidates nominated for the post of director.
3. Take a vote.
4. Record all results.
5. Make a decision on the appointment of a director.
6. Draw up an employment contract with a manager (Article 16 of the Labor Code of Russia).
7. Sign the agreement on both sides.

If the enterprise is a unitary state and municipal enterprise, then concluding an agreement is the right of the owner of the enterprise.

Election and appointment to a leadership role in a company can also be carried out in favor of a person who was not a member of the management body. A person who has served as a director for a period of time should not be automatically appointed to that leadership position. His candidacy can also be considered at the meeting, and only after an overwhelming majority of votes in his favor can he be appointed director.

According to the Labor Code of Russia, when an employment contract is drawn up, the terms of the probationary period are discussed at the same time. This is done to ensure the person's suitability for the position. Here, an agreement between the parties is required (Part 1, Article 70 of the Labor Code of Russia). Despite this, an employee can be hired without a temporary test if there is no doubt about his competence. The same conditions apply for the appointment of a person to a management position.

Calendar numbers that may be associated with the appointment of a person to a leadership position often do not coincide (election, conclusion of an agreement, assumption of duties).

Procedure for hiring a manager

There are general requirements of labor legislation that apply to all employed workers, regardless of their position. These include:

• presentation when hiring certain Art. 65 of the Labor Code of the Russian Federation of documents (passport or a document replacing it, work record book, insurance certificate, military ID, education document, etc.);
• mandatory medical examination in accordance with Art. 69 of the Labor Code of the Russian Federation (for example, in the case of employment in the Far North and equivalent areas);
• conclusion of a written employment contract (Article 67 of the Labor Code of the Russian Federation);
• issuing a hiring order and familiarizing the employee with it within three days (Article 68 of the Labor Code of the Russian Federation);
• familiarization of the employee with the local regulations of the organization regulating labor relations (internal labor regulations, collective agreement, etc.) (Article 68 of the Labor Code of the Russian Federation), etc.

Specific requirements for hiring the head of a commercial organization are:

• making a decision on hiring a manager (director) in the manner established by the constituent documents;
• preliminary check for the presence of disqualified officials in the Register (request to the Federal Tax Service);
• when hiring as a part-time worker from another employer, you must have permission from the owner of the organization (Article 276 of the Labor Code of the Russian Federation).

General Director position

The general director is the main managerial person of a business organization (JSC, LLC, manufacturing enterprise). He may not be the only founder).

Its functions are very significant. Their essence is the management of production and activities of a production organization. The general director makes all decisions and is responsible for them. Also, the general director must check the performance results and protection of the enterprise’s property.

The responsibilities of a CEO are many. Therefore, he must have deputies who will manage each department separately:

• financial director;
• Commercial Director;
• executive director and others

Position of director of a separate division of the organization

The director of a separate division is a high management position in an enterprise, appointed to business organizations (in its individual divisions) and to state non-profit organizations. A person is appointed to this position if he has received higher education and worked in this field for a minimum period of five years.

The manager or director must know the information and the main aspects in order to approach the matter responsibly. It is necessary to navigate in the following areas:

• Labor Code of Russia;
• information about the company where he works;
• conditions for the development of the enterprise;
• sanitary standards;
• fire prevention methods;
• worker safety rules.

In his work, the director (like the general director) must refer to the fundamental documents that govern laws and rules:

• legislation of the Russian Federation;
• charter of the enterprise;
• job description;
• internal regulations of the enterprise.

If a management official breaks the law or acts without regard to these documents, he may incur some liability.

Director's functions

The responsibilities of any director at an enterprise are closely related to his numerous functions. The main ones are leadership and organizational.

The director provides leadership at the enterprise, organizing the coordinated work and efficiency of any department. In addition, the position of director obliges:

1. check the speed and quality of work of lower-level workers,
2. regularly replenish the workforce,
3. improve the skills of workers,
4. authorize other officials,
5. carry out work related to recording data in workers’ work books, and so on.

When a person holding a managerial position resigns or moves to another position, a deputy or another person is appointed in his place who will act as director for some time.