An employer is required to conclude an employment contract with each employee. This also applies to the director of the organization. This position can be considered concurrently, the main thing is that all legal frameworks are respected. An employment contract with a part-time director, a sample of which will be discussed later, has its own nuances and distinctive features.
Legal basis
The main document that defines the process of concluding any contract with an employee is the labor code. The basic requirements and the procedure for signing the contract are determined by Articles 56 and 57.
In addition to these legal aspects, if the contract is concluded with the head of the organization, you need to be guided by Ch. 43 and ch. 44, where these aspects are regulated.
In accordance with Art. 273 of the Labor Code, the head of an enterprise is a person who exercises direct management or performs the functions of an executive body, and is also guided by legislative norms and the requirements of legal acts.
The following is an employment contract of a part-time director of LLC - a sample document.
Appointment Procedure
The provisions of Art. 276 TCs determine the possibility of receiving the position of a part-time director. In order to obtain this position, the permission of the owner of the organization or an authorized person is required. Consequently, the owner will act as the employer and one of the parties to the employment contract.
It is also necessary to take into account the provisions of Art. 40 Federal Law No. 14, which determines the need for the election of a director by a meeting of members of the organization. Composing a sample employment contract gene. part-time director on behalf of one enterprise with one legal form, it is necessary to take into account the features of this procedure that are established for specific legal forms.
The Director General may be appointed as an employee of this company, or a third party. If the combination is internal, then this position is most often invited by the chief accountant or another employee who has the ability to manage the team. With external part-time, the general director may be an employee of another branch of this company.
Essential conditions
When signing a part-time agreement, you need to remember the current restrictions and special conditions regarding:
- Places of work and nature of work. According to legislative norms, part-time labor duties must be performed both in the main company and in another. And taking into account the peculiarities of the work of the Director General, his obligation to attend meetings and make managerial decisions, the question of finding him in a particular organization should be correctly resolved. An employment contract must necessarily contain a clause that the work is conducted concurrently.
- Labor time. The working hours of a part-time employee should not be more than four hours a day. But in the case when the part-time worker has free time and is not busy at the main job, he can devote to his combined position. Moreover, the total time per week for the CEO should not exceed half of the total duration. In other words, if during a five-day working week the number of hours is 40, then for a part-time job it will be 20 hours a week. Such restrictions can adversely affect the overall work. Accordingly, in the contract with the general director should be specified irregular working hours.
- Payment.Wages are paid in proportion to the hours worked.
- Holidays. Vacation for a part-time worker must be granted at the same time interval as in the main job.
- Terms of agreement. The contract can be defined as urgent or indefinite.
- Rights and obligations. Given the particularities of the director’s position, these conditions should be as detailed as possible.
- Termination conditions. Termination of the employment agreement with the CEO occurs in the same manner as for ordinary employees. With the exception of the mining period.
In addition to these provisions, others may be considered that are added to the employment contract by agreement of the parties.
Consider a part-time director’s employment contract - sample 2016:
Duties
The director, working concurrently, as well as other employees, has his own responsibilities to the organization. These include:
- performance of duties assigned by the job description;
- compliance with labor discipline and the rules established by the employer;
- preparation of necessary documentation, which proves the effective activity of the company;
- other obligations prescribed by the contract.
If an employment contract with a part-time director (the sample was presented earlier) is concluded with LLC, then the part-time job must also:
- regulate and monitor that decisions made at a general meeting are implemented;
- prepare annual accounts for the annual meeting of the co-founders.
Probation
Earlier it was indicated which clauses should contain a part-time job contract of the General Director. A sample of it, in addition to the main points for an employment agreement, may contain information about the probationary period.
For the director, this period may not exceed 6 months. And if the position is elective or the candidate received it by competition, then the test is not established.
A responsibility
A part-time director’s employment contract (the sample is presented below) should contain information on the possible responsibility of an employee holding a managerial position.
A director working concurrently may be assigned the following responsibilities:
- Material. If material damage was caused during the work due to the fault of an employee of the company, he is obliged to compensate it from his own funds. This item is relevant if the director’s guilt is fully proven.
- Criminal This type of liability is provided if tax or labor laws are violated.
- Administrative This liability applies to negligent bookkeeping or work without a license.
The above is an employment contract with a part-time director - a sample document when placing in an LLC.