Employment contract with the director: the nature of the conclusion
Often one has to observe a situation whenthe contract or the usual employment contract with the director is no different from the contract concluded with ordinary employees. This approach is not entirely correct.
Despite the fact that on the one hand the directoris also an employee of the enterprise and is fully covered by the provisions of labor legislation, but in addition, the manager is also the executive body responsible for the activities of the organization.
It should also be remembered that duties and rightsdirectors are defined both by constituent documents and by an employment contract, which, along with legal regulations, is a source of regulation of relationships with employees in the enterprise. If you underestimate the importance of this document, then the employer may have labor disputes in cases where they could easily be avoided.
Employment contract with the director: mandatory conditions
Any employment contract, including the one concludedwith the head, must necessarily contain the conditions, without which this document can be considered not concluded or formalized with violations of the labor law. Unfortunately, in some cases, employers ignore some of the requirements of the law.
Thus, the employment contract with the directormust contain all the data on the head and employer. When concluding a contract with a manager, it is necessary to indicate the decision, which served as the basis for registration of the contract. The decision should specify the powers of the person to sign the employer's employment contract with the head.
The contract also indicates the nameenterprise, describes labor functions. It should be remembered, and it can be mentioned, when concluding an employment contract with the director, that he can not work part-time, with the exception of performing creative, scientific or teaching activities.
A sample of the employment contract with the director shouldcontain clauses concerning the basic rights and duties of the employer and the employee. These conditions are often underestimated by the employer, which leads to serious proceedings in the event of conflict situations and becomes a decisive factor in settling disputes.
If you look closely, it often turns out thatthe employer does not have sufficiently clear instructions about the rights and obligations of the director in the constituent documents, except for a banal reference to the contract. To avoid unpleasant conflicts, the employer has the opportunity to define a clear relationship with the manager. It is necessary or in detail to register all the duties and rights of the director in the text of the employment contract itself, or in the established manner to approve the job description for the director of the organization. In this case, the contract refers to the relevant documents. For example, "the employee undertakes to fulfill in good faith all the duties that are determined by the company's charter and job description."
Labor contract with (commercial) directormust also contain the duration of the relationship, in this case the document is called a contract. In the absence of this clause it is considered that the employment contract is concluded indefinitely.
In the employment agreement, you must specify the modelabor and leisure leader. In spite of the fact that the director has a working day that is not standardized, it is necessary to establish for him the beginning and the end of working time, as well as breaks, weekends and holidays.
In addition, the contract with the head must contain the terms of his remuneration: the days and procedure of payments, the method of payroll, the size of the salary, allowances, bonuses, incentive payments.
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