Organizations that include separate divisions quite often make mistakes in the preparation of staff documentation. Therefore, we will devote this article to an analysis of how employment in a separate division can be carried out. , who can fill out work books for employees, can a branch have its own staffing table, etc.
According to Article 55 of the Civil Code of the Russian Federation, a separate subdivision is a representative office legal entity located outside the permanent location of the latter, representing its interests and ensuring their protection.
Characteristic features of a separate structural unit:
- is not a legal entity;
- must be indicated in the constituent documentation of the legal entity that created it;
- endowed with the property of the legal entity that formed it;
- in tax authority registered at the address of the actual location.
If a separate subdivision is a branch of a legal entity, then it performs all the functions of the latter, including the functions of a representative office.
At the legislative level, how personnel accounting in organizations with separate divisions should be carried out has not been established. Therefore, the right to choose whose duties will include the hiring and dismissal of personnel separate subdivision who will have to issue orders regarding labor activity, where work books are stored and who fills out work books, etc., is provided to the employer.
If there are relatively few branches and representative offices in the organization, and, consequently, the staff is small, then personnel records management is often carried out centrally. Such organization of document circulation provides for the following:
- all personnel documentation (orders, orders, employment contracts, acts, etc.) are certified by the head of the enterprise;
- all documentation, including work books, is stored in the main organization;
- maintenance of personnel documents and their transfer to the parent company is carried out by one of the employees of a separate division.
Registration of an employee in a branch / representative office
Employment in separate structural divisions is carried out by concluding with the applicant labor contract, which, on the part of the employer, is signed by the head of this unit.
It should be noted that in this case, it is not the branch / representative office that acts as the employer, but the organization itself represented by the head of the institution. The preamble to the cooperation contract should indicate: “Trudovik Limited Liability Company represented by the director of the Pervomaisky branch of LLC Kontakt Ostap Ostapovich Astapov, acting under power of attorney No. 111111 of 10/10/14, hereinafter referred to as the Employer”.
According to Article 57 of the Labor Code of the Russian Federation, in case of employment in a separate structural unit, the contract must indicate that the proposed place of work will be provided in the specified representative office / branch, as well as the location of the latter.
The details of the contract must contain the details of the parent organization, that is, for the above example, Trudovik LLC.
Before signing a cooperation contract, the employee must be familiarized with:
- collective agreement(if available);
- internal regulations;
- other regulatory acts of a local type that directly relate to labor activity in a substituted position.
After the conclusion of the cooperation agreement, the head of the branch / representative office issues an order in the form No. T-1 on hiring the employee. This order must be submitted for familiarization against signature to a new employee within a three-day period from the moment he begins to fulfill the conditions established by the contract. official duties.
In accordance with the labor legislation of Russia, employers maintain work books for all persons who have worked for them for more than five days, if for the latter the place of work occupied in the organization of this employer is the main one.
So, according to the order, an authorized employee makes an entry in the work book about hiring in a separate unit. This record can be represented as follows: heading - “LLC Trudovik”, in the first column - the serial number of the mark, in the second column - the date of employment according to the order, in the third column - “Employed in the Pervomaisky branch in the sales department for the position" , in the fourth column - the date and number of the administrative document.
Employment: Video
The choice of the method of conducting personnel records management in a separate division
Analyzing the above, it can be noted that how personnel accounting will be carried out in a separate structural unit depends on the chosen method of personnel workflow - centrally or locally. Both options have both pluses and minuses, so the choice here depends entirely on the preferences of the employer.
With centralized control labor relations it is necessary to think over in detail and document the procedure and terms for the redirection of personnel documentation, taking into account the terms determined by labor legislation. In the case of transferring authority to manage labor relations directly to the head of the branch / representative office, it is very important to correctly draw up the relevant documentation: a power of attorney, regulations on the representative office / branch, an order to appoint a person responsible for storing the seal, registration and storage work books, etc.
Common to both options is the order of compilation staffing, internal labor regulations and other local regulations. The staffing table is approved by the relevant order on the organization, and contains all separate divisions. The original of this act is kept at the main office, and in each separate subdivision there is an extract from it, certified by an authorized person.
The internal labor schedule is approved by the head of the organization with the participation of the representative body of employees. The original of these Rules is located at the head office, and for subdivisions (branches, representative offices) copies are made, which the authorized person certifies with a seal and signature.
"Personnel issue", 2012, N 1
EMPLOYMENT CONTRACT WITH THE HEAD OF A SEPARATED UNIT
When registering an employment relationship with the head of a branch, representative office, all actions provided for by the current labor legislation should be carried out. In the article, we will consider the features of labor relations with the head of a separate subdivision, and also give a standard form employment contract with the specified person.
Article 55 of the Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) it is determined that a representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of a legal entity and protects them.
A branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.
Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it.
If the organization has created branches and representative offices, then the charter of the organization must contain information about them (clause 5, article 5 of the Federal Law of February 8, 1998 N 14-FZ "On Limited Liability Companies", clause 6, article 5 of the Federal Law dated December 26, 1995 N 208-FZ "On Joint Stock Companies", clause 5 article 5 of the Federal Law dated November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises", clause 2 article 5 of the Federal Law of May 8, 1996 N 41-FZ "On production cooperatives").
According to paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney. Note that this rule is imperative and does not allow for broad interpretation.
Thus, the head of separate structural divisions acts on behalf of the organization (employer) on the basis of the position and power of attorney. This information must be reflected in the employment contract with the head of the branch or other separate subdivision.
Readers' attention should be drawn to the fact that the power of attorney and the employment contract must necessarily define the rights of the head of a separate subdivision to sign personnel documents on behalf of the employer (for example, orders for hiring, dismissal, relocation, etc.). Such powers of the head of the branch are determined by the parent organization, since, in accordance with Art. 55 of the Civil Code of the Russian Federation, in order for the head of the branch to have the right to hire and dismiss employees, it is necessary to consolidate these powers, for example, in an employment contract, a power of attorney.
In the absence of documentary confirmation of the authority of the head of the branch to sign personnel documentation, a situation may arise when an employee dismissed, for example, by the head of the branch, will be reinstated due to the fact that the documents were signed by a person who does not have the right to do so.
According to paragraph 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation N 6, the Plenum of the Supreme Arbitration Court of the Russian Federation N 8 of July 1, 1996 "On some issues related to the application of the first part of the Civil Code of the Russian Federation", the powers of the head of the branch (representative office) must be certified by a power of attorney and not may be based only on the instructions contained in the constituent documents of the legal entity, the regulations on the branch (representative office), etc., or appear from the situation in which the head of the branch operates.
Thus, the main documents regulating the rights, duties, terms of reference of the head of the branch, representative office are:
Articles of association;
Regulations on the branch;
Power of attorney issued by the organization.
A power of attorney issued to the head of a branch or representative office must be drawn up in compliance with the rules specified in Art. 185 of the Civil Code of the Russian Federation, namely:
Have the signature of the head of the parent organization or another person authorized to do so by the charter of the parent organization;
Must be certified by the seal of the parent organization.
The power of attorney of the head and the regulation on a separate subdivision must necessarily contain an indication of the transactions that he is entitled to make. If there is such an indication, transactions made by the head of a branch (representative office) should be considered concluded on behalf of a legal entity.
Based on paragraph 2 of Art. 188 of the Civil Code of the Russian Federation, a legal entity that has issued a power of attorney to the head of a separate subdivision has the right to cancel the power of attorney or reassignment at any time, and the head of the separate subdivision to which the power of attorney has been issued - to refuse it.
Note! when drawing up personnel documents for employees of a separate subdivision, including its head, it is necessary to indicate the name of the branch, representative office without abbreviation, exclusion of individual words or other changes in the name specified in the charter.
With the head of the branch (representative office), as with any employee of the organization, an employment contract must be concluded, after which an order for employment is issued (form N T-1).
A feature of the employment contract with an employee of a separate subdivision is that it should reflect not only the place of work (for example, Vera LLC), but also indicate a specific separate subdivision and its location (part 2 of article 57 of the Labor Code of the Russian Federation ( hereinafter - the Labor Code of the Russian Federation)).
Conclusion of an employment contract
with the head of a separate division
First of all, we note that an employment contract with the head of a branch can be concluded both for an indefinite period and for a fixed period (fixed-term employment contract). If a fixed-term employment contract is concluded with the head of a separate subdivision, then its validity period is determined by the constituent documents of the organization or by agreement of the parties (Article 275 of the Labor Code of the Russian Federation). Note that the validity period, as well as the circumstances (reasons) that are the basis for concluding an agreement for a certain period, in accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation must be indicated in the employment contract.
Labor relations with the head of a separate subdivision may be preceded by any procedures specified in Art. 16 of the Labor Code of the Russian Federation, the cases and procedure for which are established by labor legislation and other regulatory legal acts containing norms labor law, or the charter (regulations) of the organization (holding a competition, election or appointment, etc.).
As a rule, the head of the organization independently decides on the appointment of a person to the position of head of a separate subdivision, unless otherwise established by regulatory legal acts and (or) documents of the organization. For example, in accordance with Art. 11.1 of Federal Law No. 395-1 of December 2, 1990 "On Banks and Banking Activity" (hereinafter - Law No. 395-1), a credit institution is obliged to writing notify the Bank of Russia of all proposed appointments to the positions of the head (his deputies) of the branches of the credit institution. Bank of Russia in month from the date of receipt of the notification, agrees to the indicated appointments or submits a reasoned refusal in writing on the grounds provided for in Art. 16 of Law N 395-1. It should be noted that compliance with the above procedure is not mandatory for heads of representative offices and heads of other separate structural divisions of a credit institution.
As mentioned above, according to Art. 57 of the Labor Code of the Russian Federation, the place of work is mandatory for inclusion in an employment contract with the head of a separate structural unit, and if the organization’s subdivision is located in another locality, that is, in a locality outside the administrative-territorial boundaries of the corresponding settlement where the organization itself is located, - place of work indicating this unit and its location. AT this case The Labor Code of the Russian Federation does not establish any exceptions.
In turn, when applying the provisions of Art. 72.1 of the Labor Code of the Russian Federation on the transfer of a manager to another job, it should be taken into account whether the labor functions of the manager and (or) the location of the structural unit will be changed. If the employment contract with the head of a separate structural unit specifies only the type of unit without specifying its location and full name, for example, a branch, then we can talk about transferring to another job only if an employee is appointed, for example, to the position of head of a representative office, if All other things being equal, we are talking about displacement.
In the employment contract, it is also necessary to distinguish between the labor function and powers of the head of the unit. The powers defined by the employer in local acts and (or) defined in the power of attorney issued to the head of a separate subdivision, if they are not specified in the employment contract, are subject to change by the employer unilaterally, which does not entail the consequences established by Art. 72.1 of the Labor Code of the Russian Federation. We can talk, for example, about changing the scope of powers in terms of concluding transactions for a certain amount of money, etc.
According to Art. 70 of the Labor Code of the Russian Federation for heads of branches, representative offices and other separate structural divisions of organizations probation when applying for a job can not be set for more than six months.
In accordance with Art. 73 of the Labor Code of the Russian Federation, an employment contract with the heads of branches, representative offices or other separate structural divisions, their deputies who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in accordance with paragraph 8 hours 1 tbsp. 77 of the Labor Code of the Russian Federation. The employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, and an employment contract.
The procedure for terminating employment contracts with the head
upon termination of activities of branches and representative offices
In accordance with Part 4 of Art. 81 of the Labor Code of the Russian Federation in the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization.
Another locality is understood as an area outside the administrative-territorial boundaries of the corresponding settlement, which is indicated in the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation". In other words, the area is limited by the administrative-territorial boundaries of the city, town, village and other settlement.
As explained by the Constitutional Court of the Russian Federation in Ruling No. 144-O of April 21, 2005, termination of an employment contract with employees working in a separate structural unit of an organization located in another locality is carried out according to the rules provided for in cases of liquidation of an organization, only when the employer decided to terminate the activities of such a structural unit, since this actually means the termination of the activities of the organization itself in this area.
Thus, if the employer dismisses the head of the branch, then he is obliged to offer the dismissed employee another job only in the area where he actually works. In the absence of other separate subdivisions in this area, the director of the separate subdivision is dismissed according to the procedure provided for during liquidation.
Given the special legal status the head of the organization and heads of separate subdivisions, the current legislation equates the fact of their violation of labor legislation and other acts containing labor law norms, the terms of the collective agreement, agreements to the fact of committing a disciplinary offense. Article 195 of the Labor Code of the Russian Federation determines that these officials may be subject to disciplinary liability in case of confirmation of the fact of a violation, up to and including dismissal in the manner prescribed by Art. 193 of the Labor Code of the Russian Federation.
At the same time, a disciplinary sanction may be applied to the head of a separate structural unit in the form of dismissal on the grounds provided for in paragraphs 9 and 10 of part 1 of Art. 81 of the Labor Code of the Russian Federation: for a single gross violation of labor duties and in the event of an unreasonable decision that entailed a violation of the safety of property, its misuse or other damage to the property of the organization. Moreover, on the indicated grounds, the employment contract can be terminated only with the heads of branches and representative offices.
It should be emphasized that the provisions of Art. Art. 73, 81 and 195 of the Labor Code of the Russian Federation also apply to deputy heads of separate structural divisions of the organization.
Here is a standard form of an employment contract with the head of a separate structural unit.
_________________________ "__" _____________ 20__
(city, town)
______________________________________________________________________,
(full name of the employing organization)
represented by ___________________________________________, acting on the basis of
(position, full name)
Hereinafter referred to as the "Employer",
on the one hand, and _________________________________________________________,
(Full name of the employee)
hereinafter referred to as the "Employee" who is appointed to
job title _________________________________________________________________
(name of position and separate structural
Hereinafter referred to as the "Division", with
departments of the organization)
on the other hand, have entered into this employment contract as follows:
1. Subject of the employment contract
1.1. This employment contract regulates the relationship between the Employer and the Employee related to the performance by the latter of the duties of the head of a separate structural unit of the Employer.
1.2. Working for the Employer is for the Employee: ____________________
(basic, by
_________________.
part-time)
1.3. This employment contract is concluded for an indefinite period.
1.4. This employment contract on the basis of (because of) ________________ in accordance with the requirements of Art. 59 of the Labor Code of the Russian Federation is concluded for a period of ______________.
1.5. The employee begins to perform his duties from "__" _________ 20__.
1.6. The employee is given a trial period of _____ months (weeks, days).
1.7. This employment contract comes into force on "__" _________ 20__.
2. Rights and obligations of the Employee
2.1. The employee manages the activities of a separate
structural unit of the Employer in the manner determined by ___________
____________________________________________.
(charter, regulation on the division, etc.)
2.2. In internal organizational relations, the Employee, as the head of a separate structural unit of the Employer, acts within the powers granted to him by the regulation on the unit, job description (other local regulatory legal acts of the Employer), in external civil and economic relations related to the implementation of the activities of the unit, on behalf of the Employer on on the basis of a power of attorney issued to him.
2.3. Represent the interests of the Employer in relations with employees of a separate structural unit The employee has the right within the powers determined in accordance with the labor legislation of the Russian Federation by the constituent documents and local regulations of the Employer, in particular: ____________.
2.4. The employee has the right to:
Providing him with work stipulated by this employment contract;
Ensuring safety and working conditions corresponding to state regulatory requirements labor protection;
Timely and full payment wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed;
The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
2.5. The employee is obliged:
To conscientiously fulfill his labor duties assigned to him by this employment contract, to fulfill established norms labor;
Comply with the internal labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer directly related to labor activity the Employee, with whom the Employee was acquainted against signature;
Observe labor discipline;
Take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees;
Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, the property of other employees;
During the term of this employment contract and after its termination for _____ years, do not disclose a secret protected by law (state, commercial, official and other secrets) that became known to the Employee in connection with the performance of his labor duties;
The employee is obliged to perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract.
3. Rights and obligations of the Employer
3.1. The employer has the right:
Require the Employee to conscientiously fulfill the obligations under this employment contract;
Adopt local acts directly related to the work activity of the Employee, including internal labor regulations, requirements for labor protection and ensuring labor safety;
Bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
Encourage the Employee for conscientious efficient work;
Unilaterally change the content of the powers of the Employee as the head of a separate structural unit without changing the labor function;
The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.
3.2. The employer is obliged:
Provide the Employee with work stipulated by this employment contract;
Ensure the safety and working conditions of the Employee in accordance with state regulatory requirements for labor protection;
Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
Pay in full the wages due to the employee on time;
The employer performs other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this employment contract.
4. Remuneration and social guarantees
4.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary in the amount of:
Official salary, wage rate in the amount of _________ per month;
Compensation payments: ________________________, the payment of which is made in the manner prescribed by _______________________;
Incentive payments: ____________________________, the payment of which is made in the manner prescribed by ____________________________.
4.2. Payment of wages to the Employee is made in the terms and in the manner established by the collective agreement, internal labor regulations, other local regulations of the Employer.
4.3. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.
5. Working time and rest time
5.1. The employee is assigned the following working hours
time __________________________________________________________________.
(normal, reduced, part-time)
5.2. Working hours (working days and weekends, start and end times) are determined by the internal labor regulations in force at the Employer.
5.3. The employee is set the following features mode of operation _________________________.
5.4. The employee is provided with an annual basic paid leave of ____ calendar days.
5.5. The employee is provided with an annual additional paid
leave of duration _______ in connection with _______________________________
(the basis for establishing
________________________.
extra leave)
6. Change and termination of the employment contract
6.1. Each of the parties to this employment contract has the right to raise with the other party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the parties, are drawn up by an additional agreement, which is an integral part of the employment contract.
6.2. This employment contract is terminated on the grounds established by Labor Code Russian Federation and other federal laws.
7. Final provisions
7.1. Labor disputes and disagreements of the parties on compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the commission on labor disputes and (or) by the court in the manner prescribed by the legislation of the Russian Federation.
7.2. In the part not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation, constituent documents, the collective agreement, local regulatory legal acts of the Employer.
7.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the personal file of the Employee, the second - with the Employee.
When creating a separate subdivision (SD), the head of the parent organization has the right to appoint a responsible person to manage this subdivision. Relations between the management of the main office and the management of the EP are formalized in the form of, as well as a power of attorney for the management of the unit, which enables the head of the EP to represent the interests of the company.
At the same time, the head of the OP exercises his powers on behalf of the head office, since he himself is the sole body of the legal entity. person is not. An employment contract concluded with the head of the EP is drawn up in accordance with the requirements of the Labor Code of the Russian Federation.
The head of a separate division is obliged to:
- to manage the EP in accordance with the tasks assigned to it;
- plan the activities of the EP and monitor the progress of their implementation;
- form the staff of the OP, distribute duties among them;
- monitor compliance with labor protection conditions.
General structure of the organization
Separate divisions themselves do not have a legal status, therefore they:
- are not subjects of legal relations;
- do not have civil legal capacity;
- are part of the whole company.
Often, ignorance of the above provisions creates confusion, for example, you can often find the wording “OP as a legal entity”, while the OP itself is part of a legal entity, and the law prohibits the entry of one legal entity. faces to another.
The emergence of a separate subdivision may take place after the fact, without being reflected in the constituent documents of the company. To do this, it is necessary that the workplace outside the location of the company be stationary and last more than a month.
What is important to consider
Conditions under the law
The separate subdivision itself is recognized as such if the structure is territorially isolated from the parent organization and includes equipped workplaces. Workplace is considered stationary if it exists for more than one month. This provision is indicated in paragraph 2 of paragraph 11 of Art. NK RF.
The recognition of the organization as a separate division occurs regardless of whether this provision is reflected in the internal constituent documents of the company. For separate divisions, registration is required.
In line with federal legislation heads of separate subdivisions are appointed by the main company and act on the basis of a power of attorney issued to them. The heads of the EP act on behalf of the parent company, the same company is fully responsible for all the consequences of the activities of the management of the unit.
A structural subdivision is not an independent legal entity, their heads are themselves appointed by a legal entity and act under a power of attorney having an established pattern. It should be noted that the presence of a power of attorney is mandatory, since the powers of managers cannot be based on other constituent documents of the company.
In the event of disputes involving the OP, actions under the contract signed by the head of the unit are considered to be committed by the legal entity itself (the parent company). But this condition is valid only if at the time of signing the contract the head of the OP had a power of attorney from the company.
In accordance with the law, subdivisions may be assigned the main classifier -, as well as OKOGU, and others.
The location of the company is also recognized as the territory where it operates through a separate division. Therefore, the organization is obliged to notify the tax authorities at the place of registration of the EP about its presence.
Notification of the tax authorities must be carried out within a certain period of time: in case of creating a separate subdivision - 1 month, in case of changing the conditions of the existing structure - 3 days. In case of termination of the operation of the EP, the management of the organization is obliged to notify the Federal Tax Service within 3 days from the moment.
If it is necessary to carry out cash transactions The OP has to lead. At the same time, in accordance with the instructions of the Bank of Russia, the head of the parent company must bind the sheets cash books for each existing unit where cash transactions are carried out.
Sample employment contract with the head of a separate subdivision:
Job Requirements
The standard vacancy for the head of a structural unit contains a number of requirements for the candidate, the observance of which will allow him to effectively perform the assigned tasks.
These requirements include:
| Knowledge of Russian legislation | The manager must know the various regulations that determine the functioning of a separate subdivision, as well as the legislation of the Russian Federation relating to the scope of the subdivision. |
| Industry knowledge | The head of the OP is required to have extensive knowledge in the field economic activity subdivisions, to know the documents regulating the profile, specialization of the branch. He must also have a clear understanding of the economic and social development departments and companies. |
| Basic knowledge of HR | Ability to organize activities to improve the efficiency of this work. |
| Knowledge of the basics of labor protection, labor legislation | The manager must have a good understanding of the requirements environmental safety, know the basic provisions of sanitary and epidemiological legislation. |
In addition to the above, the appointment to the position of the head of the EP requires the appropriate qualifications: higher specialized education and at least 5 years of experience in similar work.
Control principle
A separate subdivision can be managed in three main ways:
| Centralized Management |
|
| decentralized governance |
|
| Mixed control | This method of office work can combine elements of the above systems, in various proportions. |
Drawing up an employment contract
The conclusion of an employment contract with the head of a separate subdivision is carried out in accordance with the norms of the Labor Code of the Russian Federation. The duration of the contract can be either fixed or indefinite. In the first case, a temporary contract is concluded.
Usually the head of the company independently decides on the appointment of the head of the OP. The appointed head of the OP acts on behalf of the company on the basis of a power of attorney. The employment contract and the power of attorney must indicate the duties and rights of the head of the EP, as well as the limits of his competence.
The main documents regulating the rights and obligations of the head of the EP are:
- labor contract;
- company charter;
- power of attorney.
When drawing up an employment contract, it must indicate the place of work of the future manager, and if the EP is located in a different area from the location of the parent company, then the address of the OP is additionally indicated. Also in the contract it is necessary to clearly delineate the actual labor functions of the head of the OP and his powers.
When a department head is hired, his probationary period may not exceed 6 months. This provision is reflected in 70 Art. TK RF.
The conditions for terminating an employment contract with the head of a separate subdivision, provided that it is located in a different area, comply with the rules. The location of the EP is recognized as different if it is located outside the territorial-administrative unit (city, township, etc.) in which the parent company is located.
Upon dismissal of the head of the subdivision, the heads of the head office are obliged to offer him a similar position at the place of his actual work. If there is none, then the further dismissal of the employee also takes place according to the rules for the liquidation of the company. This circumstance is explained by the fact that with the dismissal of the head, the current unit is actually closed.
According to labor legislation, disciplinary measures may be applied to the head of the EP. For example, for a gross violation of labor duties or in the event that the head made a decision that caused large material losses or led to damage to the company's property, a penalty in the form of dismissal may be imposed on the head of the unit. These measures apply only to the heads of branches, and cannot be applied to their deputies and assistants.
What does the head of a separate division do?
The main task of the head of the EP is to fulfill the tasks assigned to him by the head of the company. They are listed in various documents: job description, charter of the organization, contract, etc.
Additionally, the work of the head of the unit requires the following duties:
- Regularly conduct safety training among the employees of the EP, as well as monitor the timely completion of the required certification by employees. This also includes the duties of the head of organizing regular medical examinations of employees, issuing them special. clothing necessary for the performance of work.
- Monitor employee compliance with work discipline, safety and security rules environment. If the functioning of the company is associated with the need to observe state or commercial secrets, then control over the observance of secrecy also falls on the head of the OP.
- Ensure the replenishment of the staff of the OP. The head forms a personnel policy, the task of which is to create a close-knit team of qualified employees. Also, within the framework of this policy, measures should be taken to increase the motivation of employees and increase the efficiency of their work.
Paying taxes
The head of the EP, as a responsible person, is responsible for the financial and economic operations of the unit entrusted to him. Provided that these operations were carried out on the basis of documents signed by the head and have an appropriate order, and the actions themselves did not go beyond the competence of the head.
The head of the OP is responsible for hiding, understating the income of the unit or hiding any objects of taxation. Also, the head of the department will be responsible if tax service accounting reports, calculations and other documents necessary for paying taxes will not be provided in a timely manner. In the event of the listed violations, a fine of 2-5 minimum wages is imposed on the head, in case of repeated violation - 5-10 minimum wages.
Also, the head of the OP in special cases can be held criminally liable, for example, in case of deliberate concealment of income or distortion of data in documents submitted to the tax authorities. In this case, the leader faces up to 4 years in prison, with a subsequent restriction on holding certain positions.
OP. For example, responsibilities might include:
- management of the EP within the framework of the tasks assigned to it;
- implementation of planning of EP activities, organization and control over the implementation of EP activities;
- participation in the recruitment and distribution of job responsibilities of employees of the EP;
- participates in prospective and current planning, preparation of orders, orders and other documents related to the activities of the Representative Office;
- compliance necessary conditions labor protection and staff development;
- participation in decision-making to encourage and hold accountable employees of the EP.
The personal responsibility of the head of a separate subdivision is established for the timely and high-quality performance of the assigned official duties, goals and objectives set by the parent organization for the EP.
Online journal for an accountant
This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws. 7. Final provisions 7.1. Labor disputes and disagreements of the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.
7.2.
In the part not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation, constituent documents, the collective agreement, local regulatory legal acts of the Employer. 7.3. This employment contract is concluded in two copies, having the same legal force.
One copy is kept by the Employer in the personal file of the Employee, the second one is kept by the Employee.
Responsibilities of the division head
Attention
When creating a separate subdivision (SD), the head of the parent organization has the right to appoint a responsible person to manage this subdivision. Relations between the management of the main office and the management of the EP are formalized in the form of an employment contract, as well as a power of attorney to manage the unit, which enables the head of the EP to represent the interests of the company.
At the same time, the head of the OP exercises his powers on behalf of the head office, since he himself is the sole body of the legal entity. person is not. An employment contract concluded with the head of the EP is drawn up in accordance with the requirements of the Labor Code of the Russian Federation.
Employment contract with the head of a separate division
Duties of the head of a separate subdivision This is not only about organizing the activities of the subdivision in accordance with the goals and objectives set by the legal entity, but also about the implementation of certain powers of the employer in relation to the employees of the separate subdivision. Secondly, a special place among the acts that determine the legal status of the head of a separate structural unit is occupied by founding documents organizations and local regulations: organization charter, subdivision regulations, job description, qualification characteristics by position, as well as individual law enforcement acts, for example, orders for empowerment. In labor legislation, a separate division of an organization is called a structural division, which puts it on a par with other divisions of the organization that are part of its structure.
Head of a separate division
Important
Full name) acting on the basis, hereinafter referred to as the "Employer", on the one hand, and (name of the employee), hereinafter referred to as the "Employee", who is appointed to the position (name of the position and a separate structural unit of the organization) , hereinafter referred to as the "Subdivision", on the other hand, have concluded this employment contract as follows: 1. SUBJECT OF THE EMPLOYMENT CONTRACT 1.1. This employment contract regulates the relationship between the Employer and the Employee related to the performance by the latter of the duties of the head of a separate structural unit of the Employer.
1.2
Work at the Employer is for the Employee: .(main, part-time) 1.3. This employment contract is concluded for an indefinite period.
1.3*. This employment contract on the basis (for the reason) in accordance with the requirements of Art. 59 of the Labor Code of the Russian Federation is concluded for a period. 1.4.
Employment contract with the head of a separate subdivision sample
The employee was familiarized against signature; - observe labor discipline; — take good care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees; - immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, the property of other employees; - during the term of this employment contract and after its termination for years, not to disclose a secret protected by law (state, commercial, official and other secrets) that became known to the Employee in connection with the performance of his labor duties; — …
Also, the head of the unit will be responsible if the tax service is not provided with accounting reports, calculations and other documents necessary for paying taxes in a timely manner. Employment contract with the head of a separate subdivision Sample employment contract with the head of a separate structural subdivision » » 20
(city, locality), (full name of the employer organization) in the person acting on the basis of (position, full name), hereinafter referred to as the "Employer", on the one hand, and, hereinafter referred to as The “Employee”, (full name of the employee) who is appointed to the position (name of the position and, a separate structural unit of the organization) hereinafter referred to as the “Unit”, on the other hand, have concluded this employment contract as follows: 1. Subject of the employment contract 1.1.
If there is none, then the further dismissal of the employee also takes place according to the rules for the liquidation of the company. This circumstance is explained by the fact that with the dismissal of the head, the current unit is actually closed.
According to labor legislation, disciplinary measures may be applied to the head of the EP. For example, for a gross violation of labor duties or in the event that the head made a decision that caused large material losses or led to damage to the company's property, a penalty in the form of dismissal may be imposed on the head of the unit.
These measures apply only to the heads of branches, and cannot be applied to their deputies and assistants. What does the head of a separate subdivision do? The main task of the head of the EP is to fulfill the tasks assigned to him by the head of the company.
Employment contract with the head of a separate subdivision sample 2017
A structural unit is recognized as separate if it is located in another area, i.e. in the area outside the administrative-territorial boundaries of the corresponding settlement where the organization itself is located. At the same time, labor legislation simultaneously operates with the terms of civil and tax legislation: branch, representative office, other separate structural unit.
Info
The division of structural divisions through the sign of territorial isolation is of primary importance in the following cases. When it comes to specifying the place of work in the employment contract in accordance with the requirements of Article 57 of the Labor Code, it should be noted here that in this situation the consequences provided for in Article 72 of the Labor Code are applicable.
Drawing up an employment contract The conclusion of an employment contract with the head of a separate subdivision is carried out in accordance with the norms of the Labor Code of the Russian Federation. The duration of the contract can be either fixed or indefinite. In the first case, a temporary contract is concluded. Usually the head of the company independently decides on the appointment of the head of the OP. The appointed head of the OP acts on behalf of the company on the basis of a power of attorney. The employment contract and the power of attorney must indicate the duties and rights of the head of the EP, as well as the limits of his competence. The main documents regulating the rights and obligations of the head of the EP are: When drawing up an employment contract, it must indicate the place of work of the future head, and if the OP is located in a different area from the location of the parent company, then the address of the EP is additionally indicated.
"HR department of a commercial organization", 2011, N 5
The legislation of the Russian Federation gives organizations the right to carry out the functions of an enterprise not only in the place where they are located, but also in other regions by opening separate divisions - representative offices and branches. In this regard, the employer has a question: how to regulate labor relations with employees of such units? You will learn from this article how the powers to formalize labor relations with employees of branches are transferred, who can make entries in work books, whether a branch can have its own staff list and its own seal.
By virtue of paragraphs 1, 2 of Art. 55 of the Civil Code of the Russian Federation, a representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of a legal entity and protects them, and a branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including including the function of representation.
The characteristic features of representative offices and branches are as follows:
- are not legal entities;
- endowed with property by the legal entity that created them;
- must be indicated in the constituent documents of the legal entity that created them;
- act on the basis of approved regulations;
- registered with the tax authority at their location.
How personnel records management should be carried out in organizations with separate divisions is not specifically regulated by the legislator. Therefore, the right to choose who should hire and dismiss employees of branches, who issues orders related to labor activity, who draws up and where work books are stored, whether to draw up a separate staff list for a branch, etc., is granted to the employer.
If there are few separate divisions in the organization and the staff of employees in them is small, personnel records management, as a rule, is carried out centrally. With such an organization of document flow:
- all personnel documents(orders, instructions, acts, employment contracts, etc.) are signed by the head of the organization;
- all documents, including work books, are stored in the parent organization (at its location);
- maintaining personnel records and transferring it to the parent organization is usually carried out by one of the employees of a separate division.
Note. Organizations can create branches and representative offices outside the Russian Federation in accordance with the legislation of foreign states, unless otherwise provided by international treaties.<1>.
<1>Article 5 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies", art. 5 of the Federal Law of February 8, 1998 N 14-FZ "On Limited Liability Companies".
But if the organization has many separate divisions located in different regions Russian Federation (or abroad of the Russian Federation), centralized document management not only creates inconvenience, but also does not allow meeting the deadlines established by the Labor Code. Therefore, very often the authority to resolve personnel issues is transferred directly to departments.
We issue powers
Because most often commercial organizations open separate divisions in the form of branches, we will consider how to properly organize personnel records management in a branch. As already noted, the presence of a branch should be reflected primarily in the constituent documents of the organization. When opening a branch in the process of activity, changes are made to the constituent documents, which are registered with the tax authority in the manner prescribed by law.
Recall that the decision to open a branch in limited liability companies is taken by the meeting of participants (founders) of the company, in joint-stock companies - by the board of directors.
The branch carries out its activities on the basis of the regulation on the branch.
Since branches are not legal entities, their heads are appointed by order of the head of the organization and act on the basis of a power of attorney (paragraph 2, clause 3, article 55 of the Civil Code of the Russian Federation).
Note! The constituent documents of the organization and the regulations on the branch should not contain restrictions or prohibitions on the transfer of powers to manage a separate subdivision.
When drawing up a power of attorney in the name of the head of the branch, in addition to the authority to represent the interests of the organization in various bodies, manage the branch (representative office), conclude transactions and sign contracts, it is necessary to prescribe the right to:
- acceptance and dismissal of employees of the unit;
- signing labor contracts;
- issuing orders, making entries in work books;
- application disciplinary actions and rewards;
- conclusion of agreements on liability, etc.
These responsibilities can also be specified in the employment contract with the head of the branch.
In addition to the fact that the head of the branch is vested with certain powers in the field of personnel records management, in each division there is an employee responsible for maintaining personnel records management (for example, a personnel inspector, secretary, personnel manager or even an accountant). And in large branches, a separate division is created - the personnel department, the personnel department, etc.
Note! If work with personnel documentation is carried out by one employee, then his duties must be formalized in the employment contract, job description or assigned to the employee by order of the head of the organization. A separate order should establish the obligation to maintain and store work books.
Staffing: one or more?
Since branches are not independent legal entities, the main document that regulates their activities and which must be available without fail is the provision on the branch. Also, the employer needs to provide its separate subdivisions with copies of the organization's constituent documents and its local normative documents(rules of internal labor regulations, instructions on labor protection, on personnel records management, regulations on wages, on business trips, etc.), which are approved by the head of the organization.
Note! For branches, separate local regulations may be drawn up, approved by the head of the branch (if he has been granted such authority), which must be agreed with the head of the organization.
Quite often the question arises: can a branch have its own staffing table? The legislation does not regulate this issue. Recall that the staffing table is a local normative act that reflects the structure of the organization, contains a list of structural units (including separate ones), job titles, information on the number of staff units, sizes official salaries, allowances and monthly payroll. For it, a unified form N T-3 is used, which is approved by the Decree of the State Statistics Committee of Russia of 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment" (hereinafter - Resolution N 1). On the one hand, since the staffing table draws up the structure and staffing of the entire organization, and the branch is its structural unit, the staffing table should be the same for the entire organization and approved by the head of the organization. On the other hand, branches "can perform all the functions of a legal entity", and if the head of the branch is given the right to approve the staffing of the branch, this will not contradict the law. But in this case, the schedule must be agreed with the head of the organization. As an example, we can cite the powers of the head (president) of Russian Railways, among which, in addition to approving the staffing of the company's management apparatus, there is the authority to coordinate the staffing of branches and representative offices of the company<2>.
<2>Clause 83 of Decree of the Government of the Russian Federation of September 18, 2003 N 585 "On the creation of an open joint-stock company"Russian railways".
Since the branch can have both a personnel service and an accounting department, that is, structural divisions, when drawing up the staffing table, we recommend writing the name of the branch in the column "Name of organization" after the name of the organization according to the constituent documents, for example, "Ritm LLC", Ivanovo branch, Moscow. Ivanovo".
We recommend that you register the procedure for approving, agreeing and transferring a copy or extract from the staff list to the parent organization in the local normative act and branch regulations.
We register an employee in a branch
When accepting an employee to a branch, an employment contract is concluded with him, which is signed by the head of the branch on behalf of the employer. Do not confuse: the employer in this case will not be a branch, but the organization itself represented by the head of the branch. In the preamble of the employment contract, it should be written: "Limited Liability Company" Ritm "represented by the director of the Ivanovo branch of LLC "Ritm" Ivan Ivanov, acting on the basis of power of attorney N ... from ... hereinafter referred to as the "Employer".
In accordance with Art. 57 of the Labor Code of the Russian Federation, when hiring a branch, the contract must include a condition on the place of work indicating the separate structural unit and its location. Thus, in the "Place of work" paragraph, the following entry should be made: "The employee's place of work is Ritm Limited Liability Company (Ritm LLC), Ivanovo branch, located in the city of Ivanovo."
The details of the contract shall indicate the details of the organization Ritm LLC.
Before signing the employment contract, the employee must be familiarized with the following documents against signature:
- internal regulations;
- collective agreement (if any);
- other local regulations directly related to the employee's labor activity (part 3 of article 68 of the Labor Code of the Russian Federation).
After signing the employment contract by both parties, the head of the branch issues an order to hire an employee in the form N T-1, approved by Resolution N 1. The order to hire is announced to the employee against signature within three days from the date of actual start of work.
According to Art. 66 of the Labor Code of the Russian Federation, clause 3 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225 (hereinafter - Resolution N 225), the employer (with the exception of employers - individuals, which are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee.
So, on the basis of an order, an authorized employee makes an entry in the work book of an accepted employee. At the same time, the place of work is noted in the work book, indicating a separate structural unit. The entry looks like this: the heading is "Ritm Limited Liability Company", below - "Ritm LLC", under the heading in column 1 the serial number of the entry being made is put, in column 2 - the date of employment in accordance with the order, in column 3, the entry "Employed in the Ivanovo branch in the procurement department for the position of manager" is made, in column 4 the number and date of the order are affixed.
Changing organizational conditions
Consider what actions need to be taken and how to draw up documents in cases where a branch is liquidated, renamed, or when an employee is transferred from one branch to another.
Branch liquidation. If the employer has decided to close the branch, but the organization continues its activities, the termination of employment contracts with employees is carried out according to the rules provided for in cases of liquidation of the organization (part 4 of article 81 of the Labor Code of the Russian Federation).
Note! This rule applies only upon termination of the activities of a structural unit located in another area. If the branch and the parent organization are located within the same locality, then it is impossible to dismiss on this basis. In this case, you should be dismissed due to a reduction in the staff or number of the enterprise.
Upon liquidation of a branch, the employer is not obliged to offer the employee vacant positions (unless otherwise provided in the labor or collective agreement).
Employees are warned about the upcoming dismissal in connection with the liquidation of the branch personally and against signature at least two months before the dismissal. Employment contracts can be terminated before two months, but the employee is paid additional compensation in the amount of his average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (Article 180 of the Labor Code of the Russian Federation).
Upon termination of the employment contract in connection with the liquidation of the branch, the employee is paid a severance pay in the amount of the average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (with offsetting the severance pay). In exceptional cases, the average monthly salary is retained for the dismissed person for the third month from the date of dismissal by decision of the public employment service body, provided that in two weeks after the dismissal, the employee applied to this body and was not employed by him (Article 178 of the Labor Code of the Russian Federation).
When employees are dismissed in connection with the liquidation of a branch, the following entry must be made in the work books: "The employment contract was terminated due to the termination of the activities of the Ivanovo branch in the city of Ivanovo, clause 1 of part 1 of article 81 of the Labor Code of the Russian Federation."
Reducing the number or staff of the branch. It is carried out in the same manner as the reduction in the number or staff of the organization's employees, according to the Labor Code of the Russian Federation. But employers often have a question: is it necessary to offer existing vacancies in the parent organization or other separate divisions to the reduced employees of the branch? By virtue of Art. 81 of the Labor Code of the Russian Federation, dismissal to reduce the number or staff is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to qualifications, and a vacant lower position or lower-paid job) that the employee can perform with considering his state of health. At the same time, the employer is obliged to offer all the vacancies that meet the specified requirements that he has in the given area.
Guided by this article, we can conclude that the employer is obliged to offer the vacancies he has in the parent organization or other branches, if they are all located in the same area. If the reduction in the number or staff occurs in a branch of the city of Kaluga, and the parent organization is located in Moscow, the employer is not obliged to offer vacancies that exist in Moscow, unless this is provided for by the collective agreement, agreements, labor contract.
Change of the name or location of the branch. If the name of the branch changes, nothing needs to be done except making entries in the work book (of course, you will still have to make changes to the constituent documents and the regulation on the branch). In this case, the procedure for changing the name of the organization is applied by analogy. The entry in the work book will look like this: "The Ivanovo branch was renamed the" Branch of Ivanovo ". If the branch has changed its location, which is a prerequisite of the employment contract, article 72 of the Labor Code of the Russian Federation should be followed (change of the terms of the employment contract determined by the parties according to by agreement of the parties) and conclude in writing with the employees an additional agreement to the employment contract on changing the terms of the employment contract determined by the parties.
Employee transfer. By virtue of Art. 72.1 of the Labor Code of the Russian Federation transfer to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work to another area with the employer. That is, if you want an employee from one branch to move to another, make a transfer. Since a change in a structural unit is considered a change essential conditions employment contract, the consent of the employee must be obtained. In paragraph 16 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2<3>it is said: based on the content of Art. Art. 60 and 72.1 of the Labor Code of the Russian Federation, the employer is not entitled to require the employee to perform work not stipulated by the employment contract, except as provided for by the Labor Code of the Russian Federation and other federal laws, as well as to transfer the employee to another permanent job without his consent.
<3>"On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation".
Translation is made by conclusion additional agreement and issuing an order in the unified form N T-5, approved by Decree N 1, after which an entry about the transfer is made in the work book and personal card of the employee.
When transferring an employee to another locality, certain guarantees are provided to him. If consent to the transfer is received, by prior agreement with the employee, the employer is obliged to reimburse the costs of moving the employee, his family members and transportation of property (unless the employer provides the employee with appropriate means of transportation) and for settling in a new place of residence. The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (Article 169 of the Labor Code of the Russian Federation).
If the employee refuses to be transferred to another locality, the employment contract with him is terminated on the grounds provided for in paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, - refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part 4 of article 74 of the Labor Code of the Russian Federation).
How to file a dismissal?
The dismissal of employees of the branch is carried out in the manner prescribed by the Labor Code. But when processing documents, some difficulties may arise, for example, it is not entirely clear in whose name the employee should write a letter of resignation according to own will. Since the employer is a legal entity that has created a branch, the employee writes a letter of resignation (as well as all applications related to labor activity) addressed to the head of the organization, and the head of the branch will sign it and issue an order.
As for the entry in the work book, there are no questions: the entry is made by the employee of the personnel service of the branch. But the problem is that the record must be certified by the seal of the organization, the seal of the branch for these purposes cannot be used categorically. According to Decree N 225 and Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69, an entry in a work book is certified only the seal of the organization.
Recall that in accordance with the law, the seal of the organization must contain the full name of the legal entity in Russian and an indication of the location of the legal entity. The seal of a separate structural subdivision must also contain the name of the separate subdivision and, accordingly, its location.
Thus, if the admission of an employee to a branch, his transfer, provision of leave, etc. can be carried out directly in branches, then with the dismissal of an employee, everything is not so simple. And if the transfer of work books to the parent organization creates certain problems, there is only one way out - to make the seals of the organization according to the number of branches and transfer them on the basis of the order of the head of the organization to the persons responsible in the branches.
Summarize. If you open a branch, first of all decide how the labor relations with the employees of this branch will be carried out - centrally or locally. In both cases, there are pros and cons, the choice is up to the employer. If labor relations are regulated centrally, then it is necessary to think over and fix in a local regulatory act the procedure and deadlines for the transfer of personnel documentation, taking into account the deadlines established by the Labor Code of the Russian Federation (three-day deadline for signing an employment order, a three-day deadline for issuing documents related to work, a deadline for issuance of a work book in connection with dismissal, etc.). If a decision is made to transfer the powers to regulate labor relations directly to the branch, it is necessary to correctly draw up the relevant documents: a power of attorney for the head of the branch, regulations on the branch, an order to appoint a person responsible for maintaining and storing labor books, keeping a seal, etc.
L.V. Kurevina
Journal Expert
"Human Resources Department
commercial organization"
Loading...