Head is a specific employee, representing, on the one hand, the interests of the company and on the other - acting employee.
dual legal status of some of the features provided in a situation where or is terminated the employment contract with the director of LLC.
head of the company is a natural person engaged in management of the organization in accordance with the constituent documents or under the law, as well as to serve as its sole executive body.We should not forget that the leader - is an official authorized representative of the employer, has the right to make their own decisions, which are derived from the employment relationship.Business Entities subdivisions or subordinates subsidiaries, enter into an employment contract with the General Director of LLC.This job title should be fixed by the constituent documents.
It should be noted that the legislation establishes specific requirements for the post of the head.This person must have a university degree and work in management positions for more than five years.As an exception is allowed to employ persons experience and education which does not meet the requirements provided for qualifying characteristics.
general, Ltd. and other economic organizations, professional qualifications of the head may be registered in the local legal acts, which are approved by the supervisory board or the general meeting.
procedure in which enter into an employment contract with the director of OOO depends on the legal organizational forms of legal persons.So in the company the person who will perform the functions of the sole executive body, is elected according to the statutes at the general meeting of shareholders or board of directors.This directory can be assigned to a non-member of the company, a third-party person.
decision taken at the general meeting or the board of directors, registered in the minutes, which shows the results of a simple voting.Majority of votes is sufficient for the appointment of directors.
on behalf of the employer a new labor contract with the director of the Company (a sample is available for review on the many resources) countersigned by the Chairman of the Board of Directors.After signing a contract of employment on the basis of minutes of the meeting head of the company shall issue an order on the appointment to the post itself.This procedure is obligatory as the order is a legal act.
employment contract with the director of the company may include the conditions of the preliminary test - to verify compliance manager assigned by the office.However, this period can not be longer than three months.In addition, the founding documents may be established a special procedure before assuming the office of the head (eg, open or closed competition), and compliance with specific criteria for the candidate.However, during the competition before entering into the employment contract a condition of probation in the contract is not entered.
If the employment contract with the director of the company conclude without drawing contest, and founding documents contain this provision as a mandatory criterion for the selection of candidates, such an agreement should be terminated on the basis of violation of the rules of admission to a post.
employment contract with the director of the company is a term, its effect is registered in the constituent documents or the agreement of the parties.Typically, this period does not exceed five.
case of early termination of the agreement (contract) at the request of the owner company in the absence of the head of his guilt under the law pay compensation which shall be established in the contract.
