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Published: 06/19/2018
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The CEO is the same employee as any ordinary employee (except in cases where the director is the sole member or shareholder). But the first leaders have a certain legal status. The peculiarities of the legal status also include the procedure for occupying a position.
- Features of employment of the general director
- The procedure for making an employment record
What does the director’s TC look like and how does it differ from the rest?
The information entered into the director’s book is strikingly different from the records of ordinary employees. This is natural, because here the employer and the employee are the same person, and this is not a completely standard case. However, if you need to enter information into the director’s TC, act with confidence. Rest assured that the director has the legal right to serve in these roles simultaneously.
The director's book has a dual essence : it may well be no different from an ordinary book. It may legitimately contain an ordinary entry about an unremarkable appointment to the position of director. The appointment may be based on the basis of the order.
At the same time, unlike ordinary employees, the director of an enterprise is hired by the decision of the constituent body. Therefore, some experts propose to include both documents in the initial basis for the procedure being performed: the order with its output data and the decision on which the issued order is based.
There are also recommendations regarding the wording of the entry that is entered in the third column. There are two viable options to choose from:
- “Accepted as (the position of) director.”
- "Appointed to the position of director."
Some experts recommend choosing the more accurate second option instead of the standard formulation of the first option.
Employment Record
- In column 3, indicate the full name of the organization and its abbreviated name, if any.
- In column 1, enter the serial number of the new entry. It should be located on the next line after the name of the organization.
- In column 2, indicate the date of hire, for example “07/15/2020”.
- In column 3, record your appointment. Enter the name of the position, specialty or profession indicating qualifications. If an employee is hired in a specific department, enter its name.
- In column 4, indicate the date and number of the order or other decision of the employer, according to which the employee was hired.
If an employee is hired to work in a separate department, in column 3, indicate its name as the name of the department.
Basic rules for making an entry
In terms of the form of ownership: LLC, CJSC, etc., the director is elected by the general meeting . The presiding officer approves the protocol, which becomes a statement of the fact of the appointment. An employment contract must be drawn up according to general rules, in a generally accepted form. But instead of the employer, the party employing the director is the chairman of the meeting of founders
He also has the right to sign an order, which is based on the result of the decision of the founders, and the right to sign an order for the director to take office. As in other cases, the name of the organization in the work book must be entered in the entry. All entries are made
- carefully;
- legible handwriting;
- no mistakes;
- without blots;
- in accordance with the instructions.
The indicated procedure is applicable to the position of a director when he acts as a general director, who may not be the only co-founder. The status of the director may differ from the status of the general director, in which case the conditions for making an entry will be different.
If you are the director of an organization where there are no clerks, accountants, etc., and you were promoted to the position through independent appointment, then you have the right to make an entry in the book, as well as sign all related documents yourself.
In addition, there is a procedure for making an entry in the Labor Code for directors of secondary schools, which is carried out through the personnel department of public education.
Directors of Houses of Culture, Children's Folk Art Centers, sports schools and similar institutions are accepted by regular order through the Department of Culture, Sports and Tourism. That is, heads of municipal institutions are hired for positions:
- In the usual manner by a higher authority (department).
- By election through competition.
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.
Step-by-step instruction
When hiring a manager for a position by the personnel service of municipal self-education, he is required to provide documents confirming his qualifications and necessary for employment:
- Education document.
- Employment history.
- Application for a job.
The application is written to the head of the department (division). After its approval, an order of appointment is prepared and the wording of the entry is entered.
If the position is elective in a municipal institution, LLC, CJSC, etc., a decision of the constituent meeting is necessary. Based on it, an order is created, and based on the order, a record is made. It is most advisable, according to experts, to indicate in the fourth column the document on the basis of which the appointment order and the order itself were issued, in a form typical for all information.
When filling out the work record, you must first enter in the third column, where information about the work is reflected, the name of the organization that makes an entry in the work book of the general director about hiring or enter your organization, unless otherwise provided. In this case it is not allowed:
- put a serial number;
- indicate the date.
Next, enter sequentially:
- In the first column is the serial number of the entry, based on the number under which the previous entry was made.
- In the second column is the date of hiring of the director. Do not confuse this with the date the information was entered or the date the order was issued.
- In the third column is the entry itself, which reflects information about the boss’s hiring: whether he was accepted, elected, appointed, etc. to his position.
- Two documents as legal grounds: an order and a decision or one of them.
The document on the basis of which an entry in the work book about the appointment of a director is made
If we take into account that the entry is made in a general manner, then the basis for the entry should, like everyone else, be the order to hire the enterprise. But, taking into account the specifics of hiring a director and the fact that the very wording of the entry speaks of appointment and not hiring, it would be more appropriate to refer to a document of the constituent body (decision of the board of directors or meeting of shareholders, order of a higher organization, etc.). What to choose?
No regulatory document or rules for maintaining work books prohibit the indication of two documents at once in the column of the basis for making an entry. Therefore, if you indicate in the entry the details (date, number) of the hiring order and the decision of the constituent body on the appointment of a director, you will not make a mistake. But you will be insured against possible questions and complaints from regulatory organizations.
The nuances of hiring a director
The employee only needs to submit an application for employment; at this stage, the specific features lie only in personal and social qualities. Based on the results of the interview and after the approval and selection of his candidacy, he may be accepted.
But for this, the fact of dismissal must be recorded in the applicant’s labor code with an appropriate entry. Without it, recruitment to a position cannot take place. The next stage will depend on who the director’s employer is:
- municipality;
- himself;
- co-founders.
In addition, it will be important whether the position is elected or whether the person is appointed by order of higher-level management. Depending on these factors, the algorithm for further actions should work, which may include:
- In simple acceptance by order.
- In a similar edition of the order to himself.
- In the resolution of the co-founders.
After establishing the basis, an order for employment is issued and an entry is made into the labor record. Keep in mind that after the hiring order for large enterprises where the director is elected by decision or vote, it is necessary to issue a second order - on his assumption of office.
The second order is not reflected in the labor document, but serves the purpose of internal organization of activities.
Upon subsequent receipt of another education, the education is entered into the work book.
How to make an entry in the work book for the general director - a sample of hiring based on the protocol:
An entry in the work book about the appointment of the general director is a sample of acceptance based on two protocols:
Work record: dismissal of the general director
Termination of industrial relations is possible for various reasons: closure of a business, decision of the owner or board of directors. Entering the necessary information about this into the work book is mandatory for management and representatives of the personnel service. The manager has the right to endorse this procedure (before the official termination of activities).
The following figure shows a sample entry in the director’s work book about dismissal using the data from the previous example:
Please note that the Pension Fund carefully checks documents when determining work experience. Some organizations that accept a new candidate for a leadership position do the same. Therefore, it is important that the work book is filled out correctly.
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Hiring by translation
In the case when hiring is carried out by translation, the following documents must be additionally attached to the listed documents:
- statement;
- order.
These documents are provided as confirmation of the permission of the translation by the organizations. That is, the director gets a job before leaving his previous one. When submitting an application for employment , he waits for it to be confirmed by a superior in the hierarchy and the order is issued.
With the received order, he turns to the previous employer. Based on this order, he is dismissed in the order of transfer, and in the desired place he is accepted in the same way - in the order of transfer. However, if the admission is subject to a decision being made by the meeting or in the case of an elective position, this process cannot be canceled.
It must be carried out under the conditions of the director’s transfer at a convenient time for this, but no later than the execution of the employment order.
After making a record of dismissal by transfer, you do not have the right to accept the provided labor for production if the transfer indicated in the document concerned not yours, but some other organization.
Only a transfer made on the basis of your document (order, agreement, approved application) that you provided for the dismissal of the director to his previous place of work has legal force.
If a transfer to the position of director is carried out within one organization as a result of a promotion, the entry is made in the usual way, without reference in the wording about the transfer to another position.
For example, “elected (appointed) director”, indicating:
- serial number of the record;
- dates;
- appointment order.
In this case, it is also possible to indicate in the last column two documents (if there is a second one) with which the appointment was made. The same algorithm applies when making an entry in the work book when applying for a job with a probationary period. In hiring - a sample based on the order: 0
Work book when applying for a general director's job
The CEO occupies a leadership position in the company; he is responsible for what happens in the company, for all its ups and downs.
The election of a manager occurs by the management of the enterprise or through self-appointment, if the owner of the company takes on the role of general director. The work book contains data on the work activities of any employee, including the general director. One of the labor functions is to record the length of service, which is important for calculating a pension.
Also, the head of the company is endowed with great responsibility and great powers, which he can exercise without a supporting document in the form of a power of attorney. Therefore, hiring in this case must be carried out according to all the rules.
The whole point is that in the event of an error, it will be difficult to prosecute or recover from an unregistered director.
The procedure for terminating legal relations with the general director is discussed in this video:
Registration for this vacancy requires the provision of the following documents by the employee:
- passport;
- employment history;
- diploma of education;
- personal matter with autobiography. Here you can find out what principles and rules are used to compile an autobiography for work;
- marriage and birth certificates.
Often, references from the previous place of work and existing insignia (recommendations, diplomas of additional education, awards, etc.) are included in the personal file.
IMPORTANT! Instead of an application for employment, the minutes of the founding meeting are used, containing information about the consideration of the issue of appointing a manager, as well as the signatures of the meeting participants and the new general director.
After registration, the newly appointed manager needs to fill out a special form (form p14001). This document is drawn up for the Federal Tax Service and contains the personal data of the general director, which is transferred for storage to the Unified State Register of Legal Entities.
Here you will find detailed step-by-step instructions for filling out form p14001.
An important point is how the general director was selected and appointed to the position:
- Appointment by order (order on the appointment of the general director). In this case, the package of documents is accompanied by the same order that is issued by the manager to himself.
- By resolution of the co-founders. Establishing the basis is followed by the issuance of an employment order. In large companies, a second order is required - on the assumption of the general director to the position. The second document is necessary for the internal activities of the corporation and information about it is not included in the labor document.
- Translation. In case of transfer from company to company, all documents must be accompanied by a letter of resignation from the previous place of work and an order of appointment to a position in the new company.
Sequence of actions when hiring a CEO
After the appointment of the general director, the following actions are carried out:
- An employment contract is drawn up. It is signed by the future general director and the chairman of the shareholders meeting.
- An order is issued confirming the appointment of a person to the position of General Director. Together with it, an order is usually drawn up in form T-1, recording the employee’s hiring.
- After signing the contract by both parties, issuing orders and familiarizing the new manager with all the documents, his work book is filled out (according to the instruction of the Ministry of Labor No. 69).
Sample employment letter.
Sample entry letter for employment
When filling out a work book for hiring a general director, you must indicate:
- Column 1 – number of the entry being made.
- Column 2 – date of hiring the general director. It is important that it coincides with the date in the order.
- Column 3 – company name (both full and abbreviated), it states that the employee was hired (for the position of General Director). Also in this place the seal and signature of the HR department employee is affixed.
- Column 4 – basis for hiring. When self-appointing in a company where there is only one founder, the details of the order on accepting the duties of a manager are entered. If several business owners are elected, the minutes of the meeting of directors or the general decision are entered.
Entering information about dismissal
Dismissal is a fairly important process for making employment records, since on the basis of reliably entered information, recruitment to a subsequent position in the new organization will be carried out.
In case of an erroneous entry, the work book may be declared invalid until the error is corrected. During this time, the director may lose the position he is interested in, and you may become a defendant in litigation.
Particularly serious problems can arise if the employer refuses to hire you after dismissal by transfer. Then the entry is invalid. Therefore, do not make such entries without good reason.
In order for you to issue an order for dismissal by transfer, the director must provide you with confirmation from the new place of work that he is actually hired there.
It could be:
- copy of the order;
- certified statement;
- notice of employment.
Based on this document and the resignation letter submitted to you, you must make an order, and put both reasons in your personal file and keep it for yourself after dismissal.
In case of unforeseen circumstances, you will be fully insured and relieve yourself of responsibility for what happened. If you did everything properly, but an unpleasant incident still occurred, you will have no choice but to correct the record. A person who was not accepted for the position he planned can write you an application to correct the entry in which the reason for dismissal is the initiative of the director.
You will have to issue an order that the entry made under the corresponding number should be considered invalid, and enter new information about dismissal at your own request or on the initiative of the employee, with reference to clause 3 of Article 77 of the Labor Code of the Russian Federation.
If a director resigns at his own request, he should not have any problems, regardless of the form of ownership of the enterprise from which he is resigning. The labor legislation of the Russian Federation indicates the need for unhindered termination of contracts in this case.
The only condition is to submit an application two weeks before the dismissal date. If there is a need to consider this issue at a meeting of founders, the meeting must meet within the designated two-week period.
Who signs the work book upon dismissal of the general director:
- The person who signed the order for his appointment.
- A personnel service employee or a person authorized to maintain work records.
- Chairman of the meeting of founders, based on the decision made.
- If there is no need for a meeting, he does it himself.
The choice of the most adequate of the listed options depends on the procedure established at the enterprise (organization) and the availability of specialists responsible for personnel records management.
Sample entry in the work book about the dismissal of the general director:
Dismissal of a director entry in the work book - sample:
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).
Features of making entries in the director’s TC
Making an entry in the work book about the hiring of a director and his dismissal should be harmoniously adjusted and based on the general rules for entering information into the Labor Code, which include:
- The initial column contains the serial number of the record.
- The second is the date. The date and month are entered in two digits; if necessary, a 0 is inserted at the beginning of the number.
- The third column contains the main entry about the appointment or dismissal of the director. It is necessary to comply with the clear, concise wording of the entry proposed by the Instructions (clause 3.1).
- The fourth column contains the name of the document, which can be an “order” or a “decision of the meeting of founders”, and, at discretion, both documents and its outgoing data: number and date of issue.
- Sign the authorized person, indicating the name and position.
At the same time, regardless of who signed the entry in the book, the resigning director puts his signature upon receipt of the technical documentation.
The founding director, who fully manages the organization, has the right to appoint himself to the position . If he does not have personnel workers and a clerk, he can himself enter into his work record both the assumption of a position and the dismissal. In case of dismissal, he is obliged to sign under his signature as an authorized person as a resigned person.
If co-founders are present, his issue can be handled similarly to the structure proposed for the CEO.
The director of an LLC is always an elected position. The candidacy of the general director is considered by the meeting of co-founders, approved by them and made a decision by act. Based on the decision made, an entry is made in the work book and an employment contract is concluded.
The chairman of the meeting makes an entry in the TC. It is advisable to do the same in the event of the dismissal of the general director or after his re-election.
At the same time, it is important to reflect in the dismissal order that the director resigns at his own request. The legal basis for dismissal upon expiration of the term or in accordance with the decision of the general meeting should be clause 2 of Article 77 of the Labor Code of the Russian Federation. Then the entry made by the chairman will have legal force. Moreover, a well-formatted entry will help in the future to calculate the length of service according to the work book. How to do this - read here
How to make an entry in the work book about appointment as director?
Otherwise, the entries in the director’s work book are identical to all other entries when hiring for any other position:
- The heading placed in column 3 is the full and, if available, the short name of the enterprise (organization). It is possible to affix a special stamp with the name.
- The entry number strictly corresponds to the continuous numbering of entries in the work book.
- The date is placed in the fields provided for day, month, and year. The year is indicated by four digits, the month and day by two, with a zero if necessary.
- Entries in columns 3 and 4 are made in accordance with the formulations and supporting documents discussed above.
Since hiring a manager is carried out according to general rules, the director must be familiar with both the hiring order and the entries made in his work book. This is mandatory even if he is the only employee of the enterprise and prepares everything himself. There are no prohibitions for this in the legislation.
Special cases
How to make an entry in the work book about the appointment of a director if he is the sole founder of the enterprise? The problem of such registration for work is not clearly reflected in the current legislation. The Labor Code of the Russian Federation deals with the relationship between employers and employees, but does not provide for a situation where there is practically no employer. How and on what basis can an entry be made in the work book in this case?
On the one hand, the employer is absent. But on the other hand, the manager acts as an employer for all other employees. Although the conclusion of an employment contract by the same person on both sides is not allowed, the law does not prohibit the director from signing an order on his own hiring or taking on a position. And if there is an order, based on it, you can make a corresponding entry in the manager’s work book. If there is no other personnel suitable for this in the company, then the director can do this himself.