Employment contract with account manager

For example, a rental manager’s employment contract will be drawn up in such a way as to maximally regulate activities related to interaction with clients in terms of:

• demonstrations of objects for rent;
• interaction with potential, current and former clients;
• settlement of pre-trial disputes;
• signing working documentation within the framework of delegated powers, etc.

The importance of contracts for employers

From the point of view of the law, employment contracts are necessary for the employer to acquire the knowledge and skills of the employee, providing in return optimal working conditions and a guarantee of payment for efforts.

What rights does the employer receive:

1. Requirement for strict performance of job duties specified in the relevant instructions.
2. Conducting periodic certification of the employee.
3. Involve the manager in various types of liability prescribed in the legislation of the Russian Federation.
4. Exercise other rights based on the law.

The importance of contracts for employees

An employment contract serves as a guarantee of social protection and remuneration, subject to compliance with the job description.

Basic rights of an employee:

1. Completing the assigned amount of work.
2. Receiving financial remuneration for work, according to the qualifications obtained and other components.
3. Carrying out legal rest, including annual leave.
4. Exercise other rights based on the law.

Remuneration in an employment contract

A paragraph that stipulates the terms of payment for the manager’s professional activities is considered mandatory for inclusion in the working agreement. This clause includes provisions under which the employee is paid a salary, bonuses and other remuneration for work. If the percentage of sales is high or in other cases, the employer may indicate clauses in the agreement regarding additional payments. If there is a replacement of an employee, then in this case, the sales manager’s remuneration is piecework. This means that he is paid a percentage of the proceeds or sales, as well as the plan he fulfills.

In this case, wages are paid twice a month: the first part is an advance, the second is the main part. However, by agreement of the parties, this condition may be changed. The payment date is developed by the General Director.

Employment contract with a sales manager without salary

The document contains the work schedule, that is, it regulates the time of rest and work process. In most cases, specialists in this field have a “floating” work schedule. This means that a working day may also fall on a holiday or a day off, so this day is paid in the same way as overtime hours worked. If the work of a sales manager does not provide a salary, then the payment for his work is calculated on a percentage basis.

• One calculation option is a percentage of the amount of goods sold;
• The second is a percentage of the amount exceeding the amount of goods sold according to the plan.

If at the beginning of the establishment of a professional relationship the parties chose any of the payment options, then it should be indicated in the employment contract without fail.

General points

The employment contract contains the following mandatory clauses:

1. Rights and obligations of the parties.
2. Degree of responsibility of participants.
3. The period of work and rest.
4. Salary data, also with the possibility of receiving profits in the form of interest and/or bonuses.
5. Possibility of changing the terms of the contract or terminating it.
6. Company details and a set of employee personal data.
7. Time and place of signing the contract.
8. The duration of the agreement with the start date of the functions.
9. Signatures of the employee and employer.

Definition and main points of the agreement in the video:

General (mandatory) provisions

A sample employment contract with a sales manager must necessarily include the following points (Article 57 of the Labor Code of the Russian Federation):

• place of work;
• the function itself: the contract must indicate the name of the position for which the citizen has been accepted. The specific responsibilities of the manager may not be specified in the contract; another personnel document is intended for this - a job description, with which the employee must be familiarized with signature. But if there are no job responsibilities in the organization, this section should contain the most detailed description of the employee’s job functions;
• work start date. This detail should be distinguished from the date of conclusion and signing of the agreement. The text of the document itself may indicate that the employee will begin performing his duties on another day;
• features of the work, if any (for example, traveling nature);
• working conditions. The assessment should be given on the basis of Federal Law-426, if a new workplace is being organized, an indication of its general characteristics is possible (these explanations were given by the Ministry of Labor);
• conditions and system of remuneration for work performed (including the amount of salary or rate, the procedure for the formation of additional payments or incentive payments);
• work schedule and rest schedule with a specific indication of the hour of start of activity, rest period, its duration;
• validity period if the contract is fixed-term, or an indication that the document is concluded on an indefinite basis;
• obligations for compulsory social insurance;
• if the sales manager works part-time, this fact must be reflected without fail;
• other provisions in accordance with the law.

Also, the contract must contain identifying characteristics of the parties: the full name of the employer, TIN, information about the manager, details of the identity document, last name, first name, patronymic of the citizen, etc. Place, date of conclusion, signatures are required. Moreover, it is optimal to indicate in the document itself that the employee has familiarized himself with all local regulations and has received a second copy for signature (a sample is shown below).

Rights and responsibilities of an employee

Many managers fill out this section in different ways.

There are several options for composing a clause:

1. 
   All rights and obligations are formalized and tied to certain norms, instructions and requirements. This point may be unduly exaggerated.

2. In another institution, the criterion for a manager’s excellent work is the result and the general direction of activity is prescribed, without reference to numerous standards.
3. The ideal option is to fulfill the manager’s job responsibilities related to the vector of the organization’s activities and existing working conditions.

Responsibility

There are three types of liability (see Table 1).

Important information about the profession in the video:

Fixed-term contract

Sometimes a situation arises when an employee copes poorly with his duties, and there is no one to replace him. Then it makes sense to draw up a fixed-term contract with a short term of work.

The structure of this agreement will not differ from a standard employment agreement with an employee. The same clauses about responsibilities, rights, obligations and terms of remuneration are present. Separately, information is provided about the duration of the contract and the reasons for concluding such a document.

Requirements for a specialist

An employee assigned to work with clients must:

• be economically literate and sociable, familiar with the basics of doing business;
• know the basics of management (after all, he may have office staff under his command) and marketing (must know the features of the market environment in which the company operates);
• use the rules of business etiquette to communicate with clients, and to competently structure a conversation, master the basics of psychology.

When selecting candidates for the position of customer service manager, employers pay attention to the level of education (including additional training completed) and work experience. Moreover, when making a hiring decision, work experience will have more weight than a higher education diploma (persons who have received secondary vocational education can also apply for this position).

Drawing up a part-time contract

The possibility of combining two or more positions is permitted by law.

Features of the conclusion of this document:

1. A manager can combine two positions at one enterprise and receive appropriate remuneration for additional efforts.
2. The manager works for various employers on a permanent basis or under a contract.
3. An employee temporarily fills a position where a specialist is absent. The agreement must reflect the work time and payment terms.

Employment contract with a sales manager with a probationary period

During the probationary period, an employment contract is also concluded with the sales manager. By law, if an employer wishes to assign a probationary period to a candidate for a position, then this provision must be included in the agreement. If this moment is missed, the employee will be considered officially employed.

The further continuation of the agreement directly depends on how the specialist demonstrates and proves himself during the trial period. It should be noted that the duration of the tests should not exceed six months. In addition, during this period the new employee should not have limited rights in comparison with other subordinates. It is advisable to indicate all these nuances in the content of the working document.

To avoid problematic situations in the workplace, it is recommended to enter into employment agreements with new employees. Such a procedure will ensure the preservation of the interests and rights of each party.

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Admission test

There are categories of persons to whom probation cannot be applied by law.

These include:

• youth under 18 years of age
• women during pregnancy
• women with a child under the age of one and a half years
• passed the competition
• graduated from an educational institution, if a year has not passed since graduation
• transferred from other institutions
• temporary employees