Names of directors. Job Responsibilities of Deputy General Manager. Information from the explanatory dictionary of D.N. Ushakov

Job description Deputy Director regulates labor relations. The document spells out the procedure for appointment and dismissal, subordination of an employee, qualification requirements, necessary knowledge and skills, a list of documents that he should be guided by in the course of his activities, functional duties, rights, as well as his responsibility.

Sample job description for deputy director

I. General provisions

1. The Deputy Director belongs to the category of "managers".

2. The Deputy Director reports directly to the Director.

3. The deputy director is hired and dismissed by the order of the director.

4. A person who has a higher education and at least five years of work experience in managerial positions in the industry corresponding to the profile of the organization is appointed to the position of Deputy Director.

5. During the absence of the Deputy Director of his law, functional responsibilities, responsibility is transferred to another official, as reported in the order for the enterprise.

6. In his activities, the Deputy Director is guided by:

• regulatory documents related to its activities;
• internal work schedule;
• orders and orders of the director;
• the Charter of the enterprise;
• this job description.

7. The Deputy Director must know:

• regulatory legal acts that determine the production, economic, financial and economic activities of the organization;
• equipment used, capabilities production capacity and human resources;
• fundamentals of production technology for products manufactured by the organization;
• tax, civil, labor, economic legislation;
• the procedure for drawing up and coordinating plans for the production, economic and financial and economic activities of the organization;
• market methods of managing and managing the enterprise;
• the procedure for concluding and executing contracts;
• demand and supply of the market segment in which the organization operates;
• organization of labor and production;
• norms of business etiquette and communication;
• internal labor regulations, fire safety.

II. Responsibilities of the Deputy Director

The Deputy Director performs the following functions:

1. Improves work and effective interaction structural divisions organizations and controls their activities.

2. Develops and coordinates plans together with the director of the enterprise:

• production development;
• financing of organizational units.

3. Controls the timeliness of the submission to the director of the established reporting.

4. Delegates and entrusts the solution of certain issues to other officials - heads of departments of the organization.

5. Approves staffing.

6. Establishes official salaries, allowances.

7. Supervises the organization of work to stimulate staff.

8. Takes measures to resolve issues related to financial, economic and production activities.

9. Contributes to the implementation of tasks related to the current organizational and executive work of the organization.

10. Ensures the full fulfillment of the company's obligations to suppliers, customers, creditors, as well as business and employment contracts.

11. Takes action to improve planning economic indicators activities of the organization, to create and improve the standards of labor costs, the use of production facilities, the expenditure of inventory items.

12. Controls the accounting of expenditures and receipts of funds, the use of inventory items.

13. Implements measures to maintain a thrifty attitude to material, labor and financial resources.

14. Controls compliance financial discipline.

III. Rights

The Deputy Director has the right:

1. Sign the established documents.

2. Act by proxy on behalf of the organization.

3. Represent, by proxy and by order of the director, the interests of the enterprise in relations with contractors, bodies state power, other management structures.

4. Require the subdivisions of the enterprise to submit materials necessary for the performance of their duties.

5. Check the activities of the organization's divisions in terms of the economy and production, give them appropriate instructions aimed at improving efficiency.

6. Send proposals to the director on rewarding employees of departments for high performance and on penalties for violating established requirements in terms of the organization and economics of production.

7. Push rationalization proposals regarding the activities of the enterprise.

IV. A responsibility

The Deputy Director is responsible for:

1. Providing management, employees of the organization or other persons with false information.

2. Causing material damage enterprise, counterparties, employees, the state.

3. Violation of the provisions of decisions, resolutions of the organization's management.

4. Disclosure of trade secrets, confidential information.

5. Fulfillment of their official duties contrary to the norms and rules established in the organization.

6. Offenses committed in the course of their activities.

7. Violation of labor discipline, safety measures, fire protection, internal labor regulations.

8. Conducting unauthorized meetings, negotiations related to the activities of the enterprise.

The duties of the Deputy Director in the job description and the content of other sections may differ depending on the specialization.

For example, Deputy Director for general issues Responsible for the organization of work to ensure the economic services of the enterprise. He takes part in the conclusion of business contracts and controls their implementation. Ensures the creation of safe and comfortable working conditions for subordinates, compliance by personnel with fire safety rules, industrial sanitation standards.

The main task of the Deputy Director for Production is the timely release quality products. It promotes the implementation latest systems planning and production.

The Deputy Director for educational work directs the educational process. He organizes out-of-class and out-of-school educational work with students.

Deputy Director for academic work ensures the implementation curricula and programs, supervises the work of the teaching staff.

Where does any company start? From the idea and the people who jointly implement it. Each of the participants has a specific role, a list of responsibilities and competencies. All this is determined by the position held. This article discusses what positions are in the company depending on the industry and line of business, the minimum staffing, as well as a brief digression into the responsibilities of management positions, specialists and workers.

What positions can be

Positions in the company are like roles for actors in the theater - each has its own scenario of work, duties, competencies, tasks, functions. Each individual position requires a specific person with a specialized set of knowledge, skills, experience and personal qualities. In any organization, all existing positions can be divided into three groups:

• specialists;
• work positions.

Each group requires certain knowledge and skills, experience and education.

Most important position

Any group of people united by common goals and interests cannot function normally without a leader. One person or a group of people must be at the helm of the company, make important decisions, correct the course of the organization and solve internal problems. AT Russian companies This role is played by a person who the highest position in company. Depending on the type of company, legal form, the number of owners and accounting policies, the dominant position may have different names. In societies with limited liability- director or general manager. AT joint-stock companies- board of directors or shareholders. In agricultural production cooperatives - chairman.

An LLC can be opened by one person. In this case, the founder of the company and the director can be one and the same person, make decisions solely and independently manage all the processes of the organization. In OJSC and CJSC it is already more difficult. In joint-stock companies, the directors are elected by the board of shareholders. In carrying out his official duties, he is obliged to listen to the opinion of the shareholders of the company.

Company leaders

A newly opened LLC, whose staff does not exceed two or three people, hardly needs in large numbers leadership positions. But if the company grows, departments appear that perform fundamentally different functions, the staff increases to tens and even hundreds of people, then middle managers simply cannot be dispensed with. A person holding such a position does not have absolute power over his subordinates, does not make single-handedly important decisions, and does not manage the company as a whole. His task is to control the work of his department, coordinate the employment of his people, and resolve issues within his competence. The most common leadership positions include:

• financial director, or head of the financial department;
• Technical Director;
• director of production and production;
• Chief Engineer;
• head of the personnel department;
• Chief Accountant;
• head of the trade department;
• head of the purchasing department;
• head of public relations department.

Of course, each organization has the right to include in the staff list the positions that are necessary in their direction. The names of departments and positions of the people who manage them may vary, while the functionality of the employees is quite similar.

The job of the chief engineer

Chief engineer - a position that is found in organizations that manufacture products that contain their own fleet of vehicles or a fleet of specialized equipment: agricultural organizations, plants, factories, transport companies, and so on. The job of a chief engineer requires a higher technical education in the direction of the organization. It depends on him technical equipment enterprises with spare parts, fuels and lubricants, necessary equipment and machine tools, well-coordinated work of mechanics and service personnel. From his proposal, purchases of all technical units, their spare parts, hiring of people who service all these machines and devices are made. Similar functionality at work technical director. In some organizations, these are identical concepts.

Production Director

Production director - a position that makes sense in organizations that produce any product. This official is busy with the fact that he studies the structure of the market, supply and demand, studies the offers of competitors, determines what needs to be produced, at what prices and in what volumes. The volume and quality of products, their price and placement on the market depend on the effectiveness of its work. His task is to find suppliers of raw materials good quality and with an acceptable cost, launching the release process, monitoring it throughout the entire production cycle.

Specialists

Positions in the company are not limited to managers different levels. Without ordinary specialists, they will simply have no one to manage. Specialists are usually called applicants with higher or secondary vocational education, who graduated educational institution in a certain specialty. In organizations, the positions of specialists include: accountant, managers of various directions, operators, engineers, doctors and others.

Job positions

There are also job positions in the company. Unlike the positions described above, workers do not require specific education, experience, or characteristics. Such work usually requires the performance of certain physical actions: loaders, pickers, drivers, cleaners. To perform these works, there is no need for higher education, work experience, organizational or leadership abilities. Enough to have physical health and endurance.

Team management depends on the quality and professionalism of the leadership. Management tools are used by persons called or bosses. It is worth delimiting these concepts or putting an equal sign between them, we will try to figure it out.

Sources give different interpretations (formulations) of these two concepts. The observed unity of opinion is as follows.

The chief is a person appointed to a managerial position, endowed with administrative power and receiving remuneration for his work. determined by law and company regulations. Other persons (staff) are subordinate to him.

He has the following responsibilities:

• to give orders,
• manage the process (for example, labor)
• be responsible for subordinates

Important to the boss personal characteristics, continuous improvement of acquired skills.

A leader is, as a rule, a profession of a person, a status provided by a formal position and informal positions. The status is determined depending on the duties, rights, conditions. The leader may perform, for example, the duties of:

• chairman of the board
• president

However, the obligations to achieve the result are performed both for remuneration and informally.

The concept of the head of an organization as an employee is defined by the Labor Code (Article 273). According to him, this is an individual who manages the organization.

The leader has the following responsibilities:

• manage, organize the work of the entrusted group
• make strategic decisions
• create conditions for the development of the company
• participate in the documentation, distribution of budgetary funds
• represent the team at a higher social level

The work of the head is regulated by the norms of both labor and civil law. Contacts with colleagues, exchange of experience, business meetings - all this is managed by the head. He must have managerial abilities, developed intellect, efficiency, discipline.

From the history

The performance of managerial duties is considered ancient profession. Leaders were considered leaders, leaders. Previously, they managed not only the labor process, but also various areas of the daily life of their subordinates.

Under the authority of modern managers are employees of specific labor collectives(organizations). The profession is in demand in the labor market. The head of the division of the company acts simultaneously as a boss and a subordinate.

Information from the explanatory dictionary of D.N. Ushakov

The head in the dictionary is defined as an official, manager, leader of something. And the leader is like a person who leads something, a mentor.

Common traits of a boss and leader

In many sources, these two words are called synonyms. The line between them is thin, easily erased. The main thing is that both of them - officials involved in the management of the team, sphere, industry. In addition, in addition to educational and managerial skills, they should have the following features:

• creative warehouse (creativity)
• flexible mind
• ability to respond quickly (in critical situations)
• Ability to set goals and lead teams to achieve them
• conformity to moral principles, humanity
• leadership qualities, the ability to lead a group

Both the boss and the leader win if they stay in a positive way.

For both, the following factors are unacceptable:

• incompetence, rudeness
• indiscretion, lack of order
• pursuit of personal advantage
• lack of personal growth

Important for everyone is the correct self-esteem, the absence of excessive ambition and authoritarianism.

Differences in the implementation of rights and obligations

Despite the frequent identification of concepts, there are several points of difference.

Boss:

1. This is a position.
2. Performs duties for remuneration.
3. without participating in a managerial function.
4. Employed according to the contract approved by order.
5. He draws up his own requirements in the form of orders (instructions, orders).

Supervisor:

1. This is a profession.
2. Performs duties for remuneration and informally.
3. Management function is required.
4. Can work on a voluntary basis (charitable project, children's association).
5. Requirements can be expressed in the form of consultations, proposals, .

Involves working with people. With all the differences, the boss and leader for successful work are called upon to earn respect in the team, to improve professional characteristics.

An effective leadership style also depends on the use of practical activities positive personal qualities.

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When the head ceases to cope with the workload, does not have time to control everything, or simply wants to relieve himself of some of his duties, he attracts a deputy to the enterprise. Consider who can become this person and what is included in deputy job description CEO.

Introduction

It is the leader who decides exactly when to appoint a deputy - he can introduce a position in parallel with the signing of documents on taking office, in the process of work, or create it as a reserve parachute if he wants to leave (the deputy is appointed assistant, delves into all matters and after the dismissal of the general takes his place) . The position itself can also have various names: vice president, deputy, executive director.

Deputy General works in the areas assigned to him

What exactly is the responsibility of this person? It all depends on the specifics of the enterprise, the decision of the head or founders.

Example:the general director and founder of Dal LLC deals exclusively with production issues at the enterprise. The company is successfully growing and developing, and it needs strong legal and economic support. The general director introduces the position of deputy for economic and legal issues, relieving himself of all duties in these areas, exercising only general control over the state of affairs.

At the same time, the deputy has the right to build all the chain he needs for effective work with the permission of the head of the company: to create a legal and economic department, hire specialists, regulate their activities, etc. Often, the CEO decides to develop strategic plans, search for new directions, capture new markets or identify promising paths, freeing himself from routine and turnover. In this case, he can also hire an assistant, transferring all the main tasks to him and limiting himself to general supervision and advising a specialist.

Who should be selected for the position of Deputy General Director? There is no single answer in It all depends on the specifics of the company and what exactly is required of it.. But in general, it is possible to single out a generalized portrait of a person for this position based on requests and vacancies:

1. Male aged 27 to 33 years.
2. Higher technical or economic education.
3. At least 1 year experience in the relevant field.
4. Adequacy, the ability to build a workflow, monitor the execution of their instructions.
5. Independence, leadership skills, responsibility.

Many managers prefer to hire techies because they have well-structured knowledge, they are able to build effective management schemes and approach the process from a practical point of view. Deputies with two educations are popular: technical and legal.

Deputy duties

Before consideringit is necessary to decide what kind of issues he will deal with. There are several areas for this job:

1. First Deputy. In fact, it is the right hand of the manager, deals with most production issues, replaces the boss in his absence, has the right to sign agreements, documents, contracts, etc.
2. Deputy for General Affairs. Usually has less authority than the first deputy, deals with routine and partly personnel.
3. Deputy for Legal Affairs. Serious requirements are put forward for this specialist, because today the efficiency of the entire company depends on the quality of legal support.
4. Deputy for Economic Affairs, Sales, Marketing. Engaged in the promotion of products and is responsible for the profitability of the company.
5. Deputy for personnel, technical manager, etc. They solve tasks that are especially sharpened for them, they are usually present only at large enterprises where there are departments tailored for specific responsibilities.

The deputy general may eventually become a leader himself

Who recruits the deputy and creates documentary support for him? This is usually done by the CEO or board of the company. The job description is internal document playing an administrative and organizational role. It defines the rights and obligations of the deputy and is signed by the head of the company (or his authorized representative).

What is the instruction

As part of the job description of the First Deputy General Director includes the following paragraphs:

1. General provisions (to whom exactly the employee reports).
2. Job Responsibilities person (what exactly he should do in the company. The more accurately the duties are assigned, the fewer disputes will be in the process and the less blurred the responsibility).
3. The rights of the person. It lists all the rights that an employee can count on.
4. Employee responsibility. The deputy general is a responsible position, therefore the document indicates what kind of responsibility the employee bears for his actions or inaction (up to liability).

Let's analyze the above points in more detail.

General provisions

This section usually indicates to whom the employee reports. As a rule, this is the head of the company, but there may be other options (first deputy, owners, etc.). In general, the first paragraph indicates general information about the company and position. It is mandatory to write what issues the employee will supervise, what processes are closed to him. It also prescribes the procedure for appointment to and removal from a position (usually this is done by order of the general or in accordance with the company's charter). AT general provisions they also prescribe who exactly will perform the duties of the DGD in his absence or illness, the requirements for the qualifications of the employee, his knowledge and skills.

The deputy manages either the entire enterprise or the areas entrusted to him

Job Responsibilities

This point is considered the key - its preparation should be approached with all responsibility, having thought through the structure in advance and calling for the help of an experienced lawyer. This usually includes:

1. Solving issues assigned by the manager.
2. Control of production processes within its field of activity.
3. Organization of the work of assigned departments.
4. Coordination of various departments and groups of employees.
5. Monitoring the implementation of plans, compliance with the obligations assumed.
6. Providing supervised departments with everything necessary to prevent downtime.

Deputy rights

Having listed the mainhis rights should also be noted. What they will be depends on the company itself. Roughly speaking, the rights of the ZGD are the list of opportunities that it is endowed with to solve current problems and everyday issues. Be sure to indicate who he has the right to manage, from whom he can demand results, in what area he can make proposals and carry out his activities.The main features include:

1. Distribution of workloads among departments and subordinates.
2. Requiring employees to comply with the rules for working with documents and information.
3. Making suggestions for rewards and punishments for employees / departments.
4. Making suggestions for optimizing the workflow.
5. Drafting of contracts and documents, personnel matters.

Responsibility of DGD

The last paragraph lists what exactly the employee is responsible for. His area of ​​responsibility includes:

1. Efficiency of work of the entrusted directions and departments.
2. Achievement of set goals and indicators.
3. Security of property and information.
4. Inaction or insufficient action, as a result of which damage was caused to the enterprise.

So, it is the deputy who must monitor the implementation of planned values, control the discipline and performance of employees, provide reports to higher authorities or founders, submit declarations to the relevant authorities and organize the work process.

Describe in detail the rights and duties of the Deputy General

In contact with

The differences between managers and other employees do not end with the procedure for concluding and terminating an employment contract, which we discussed in the last issue of the magazine. This position assumes the presence of some other features that arise in the process of labor activity.

COMBINATION BY THE HEAD OF OTHER POSITIONS

Article 60.2 of the Labor Code of the Russian Federation provides for the possibility for an employee to perform additional work for additional payment. It could be:

Combination of professions (positions), if additional work is assigned in another profession (position);

Expansion of service areas, increase in the volume of work, if additional work is assigned in the same profession (position);

Fulfillment of the duties of a temporarily absent employee both in another and in the same profession (position).

Additional work in the order of combining positions is entrusted to the head by a person authorized to change the terms of his employment contract in accordance with the charter of the organization, or by taking it over by his own decision.

Combination issued in the following way:

An additional agreement is concluded;

An order is issued to order additional work.

If necessary, the combination of positions can be canceled both at the initiative of the employee and at the initiative of the employer.

WORK OF A PART-TIME MANAGER

The head of the organization can work part-time for another employer only after obtaining permission authorized body legal entity, or the owner of the property of the organization at the main place of work of the head, or a person (body) authorized by the owner.

This rule is primarily aimed at protecting the interests of the legal entity - the employer at the main place of work. In other words, the main employer must be sure that other activities of the manager outside the organization will not prevent him from fully exercising the functions of managing and representing the interests of society.

In paragraph 3 of Art. 69 federal law dated December 26, 1995 No. 208-FZ “On Joint-Stock Companies” (as amended on November 30, 2011) states that a director (general director) can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company.

It should be noted that the combination of positions in this case should be considered as part-time work, since work for another employer is one of the signs of external part-time work.

When hiring a part-time manager, it should be remembered that the person responsible for personnel office work, is not entitled to require the submission of documents not expressly specified in the Labor Code of the Russian Federation or other federal laws (for example, a certificate from the main place of work on a permit to work part-time).

For the head of the organization, who is sole member (founder), the effect of the norms of Art. 276 of the Labor Code of the Russian Federation does not apply, that is, it is not necessary to obtain permission from the authorized body to work on an external part-time job.

EXECUTIVE HOLIDAY

In accordance with Art. 115 of the Labor Code of the Russian Federation, the head of the organization is granted annual paid leave of 28 calendar days, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

If the manager, in accordance with the employment contract, is irregular working hours, then work in this mode is compensated by the provision of additional annual paid leave of at least three calendar days.

Leave order the head of the organization has the right to sign it himself as the sole executive body of the organization.

An order to grant leave to the head should be issued according to unified form No. T-6.

EXECUTION OF THE DUTIES OF THE MANAGER

For the period of absence of the head (for example, during vacation, illness, business trips), you can not appoint an employee who performs duties. The head has the right delegate part of their powers, by issuing a power of attorney for the right of representation on behalf of the company (for example, concluding agreements with counterparties, etc.), if the transfer of these powers is permitted by the charter. But even in this case, the head of the organization will still be legally responsible for making a decision on the basis of a power of attorney.

ADVICE. It is advisable to fix the procedure for appointing an acting head and / or delegating powers in the charter of the organization or other documents in order to avoid disputes regarding the granting of powers of the head to a person who has not been elected to the position of the sole executive body (director, general director).

If during the absence of the head it is necessary to appoint acting in his capacity, then the provisions of Art. 60.2, 151 of the Labor Code of the Russian Federation. When appointing an acting head during his absence, restrictions may be established, for example, regarding changes in the structure and staffing of the organization.

SOLE PARTICIPANT OF THE COMPANY

If the company consists of a single participant or shareholder, then the election to the position of the head of the organization is formalized by a decision in writing. An employment contract may also be concluded with the head, who is the sole participant (founder) of the company.

If an employment contract is concluded with the head of an organization who is the sole participant (founder), a member of this organization, the owner of its property, and at the same time deductions were made to the FSS of Russia, then the head has the right to receive benefits for compulsory social insurance.

According to the clarification on compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with the motherhood of the heads of organizations who are their sole founders (participants), members of the organization and owners of its property, the head of the organization, who is with her in labor relations, as well as being the sole founder (participant), member of the organization, owner of its property, is classified as a person working under an employment contract. Therefore, he is entitled to receive insurance coverage in accordance with the law.

MAINTENANCE BY THE HEAD OF THE ORGANIZATION OF ACCOUNTING

Federal Law No. 129-FZ of November 21, 1996 “On Accounting” (as amended on November 28, 2011) provides for several ways of maintaining accounting in organizations. According to sub. "d" paragraph 2 of Art. 6 of this Federal Law, the head may conduct accounting personally. In this case, it is necessary to issue an order for the main activity, in which to fix this method of accounting.

DISQUALIFICATION OF THE MANAGER

The Code of the Russian Federation on Administrative Offenses (CAO RF) establishes such a penalty as disqualification, which means deprivation individual the right to occupy leadership positions in the executive body of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activity for the management of a legal entity, as well as to manage a legal entity in other cases provided for by law Russian Federation.

Disqualification is set for a period of six months to three years. The statute of limitations for bringing to this type of liability is established no later than one year from the date of the commission of an administrative offense, and with a continuing administrative offense- year from the date of its discovery. The decision on disqualification is taken only by the court.

Disqualification can be applied to the head only if it is provided for in the sanctions of the articles of the Code of Administrative Offenses of the Russian Federation. In particular, the possibility of disqualification for the following offenses is provided:

Violation of the legislation on labor and labor protection;

Fictitious or intentional bankruptcy;

Failure to timely comply with the legal order of the body exercising state supervision to eliminate violations of the law.

The body authorized to provide information from the register of disqualified persons (hereinafter referred to as the Register) is the Federal Tax Service.

This information is open for review and can be provided to interested parties in the form of statements about specific disqualified persons for a fee of one minimum wage.

The specified information is provided in accordance with the letter of the Federal Tax Service of Russia dated December 29, 2011 No. PA-4-6 / [email protected]“On the organization of work to provide information from the register of disqualified persons”, which contains the recommended forms for requesting an individual (legal) person, as well as an extract from the Register about a specific disqualified person or a certificate about the absence of information about this person in the Register.

The request of the person concerned is submitted directly or sent by mail in any territorial tax authority along with a document confirming payment (if necessary). The answer can be received both in person and by mail, the desired method is indicated directly in the request.

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And "On the opening and closing of bank accounts, accounts for deposits (deposits)."

The same instruction states that if the head of a legal entity personally maintains accounting records (in cases provided for by the legislation of the Russian Federation), then the handwritten signature (s) of the person (s) entitled only to the first signature is affixed to the card.
At the same time, in the field “Second Signature” on the card, it is indicated that the person entitled to the second signature is absent.
Classic and best options design General rule registration of combination is as follows.

The General Director issues an order to take office and assume the duties of the chief accountant.

In his employment contract the condition of combining and the amount of additional payments for such a combination are fixed.

Director and chief accountant in one person: about the nuances of design and not only

However, this is still a controversial point, so be prepared that labor inspectors will not agree with this point of view.
So, according to paragraph 2 of Article 6 of the Federal Law of November 21, 1996 No.
No. 129-FZ "On Accounting" (hereinafter - Law No. 129-FZ), heads of organizations, depending on the volume of accounting work, have the right to:

• establish an accounting service as a structural unit headed by a chief accountant;
• hire an accountant;
• to transfer, on a contractual basis, accounting to a centralized accounting department, a specialized organization or a specialist accountant;
• do the bookkeeping in person.

Combination and combination of the General Director

Russian Federation; 2) housing and housing cooperatives; 3) credit consumer cooperatives(including agricultural credit consumer cooperatives); 4) microfinance organizations; 5) public sector organizations; 6) political parties, them regional branches or other structural divisions; 7) bar associations; 8) law firms; 9) legal consultations; 10) lawyers' chambers; 11) notary chambers; 12) non-profit organizations included in the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations" register of non-profit organizations performing the functions of a foreign agent.

When the CEO Becomes the Chief Accountant

So, if the head of the organization has decided to personally maintain accounting records, this should be reflected in the order on the accounting policy of the organization.
In this case, the introduction of the position of chief accountant in the staffing table is not required.
Therefore, an organization can take advantage of the provision of subparagraph “a” of paragraph 2 of Article 6 of Law No. 129-FZ and establish an accounting service headed by a chief accountant, which will include an accountant and a cashier hired.

Combining the positions of director and chief. accountant

Therefore, in order to comply with the procedure, it is necessary to draw up an appeal of the head of the organization in writing (application) to the authorized body of the legal entity with a request for permission to work part-time (see.

Example 2). Example 2 Collapse Show The statement of the head of the organization is considered at the general meeting of the company's participants. The decision of the meeting, drawn up by the minutes (see Example 3), is transferred in short form to the statement of the head of the organization (in the form of the requisite “Note on the execution of the document and sending it to the case”), after which it is filed in the personal file of the head.
Example 3 Collapse Show new job. At the general meeting, the issue of appointing a part-time general director is also decided and an appropriate protocol is drawn up (see Example 4).

How to combine the position of director and accountant

It turns out that labor obligations The chief accountant is not paid separately, but is included in the labor duties of the general director. In such a situation, it is enough to issue an order indicating that the functions of the chief accountant are assigned to the director. In the order, you must write the appropriate phrase.
It may look like this: “Due to the absence of the position of chief accountant in the staffing table, I assume the responsibility for accounting.”

Naturally, the document will be drawn up on behalf of the head of the company.

(sample order). In this case, the director is set a salary, which will include remuneration for his work both for managing the organization (director) and for accounting (for an accountant). Specify the salary amount for the employee in the service in his personal card, while only one position needs to be indicated - the director.

Combining the positions of General Director and Chief Accountant

No. 1145 "On the procedure and conditions for combining professions (positions)" (hereinafter - Resolution No. 1145). It contains a list of categories of workers who are allowed to combine positions.

Combining the position of General Director and Chief Accountant 2013

For registration, the general director must issue an order to take office and assume the duties of the chief accountant, that is, to conduct accounting personally.

In this case, the position of chief accountant should not be present in the staff list.

Attention! If the staff list contains the position of an accountant, then on the basis of paragraph

2 tbsp. 6 of the Law, a hired accountant will be responsible for accounting. In addition, all monetary and settlement documents, as well as financial and credit obligations of the organization will be invalid without his signature.

When the CEO becomes chief accountant… Very often in small companies, the CEO combines the position of chief accountant.

And is it legal? How to properly document this? Which is better: combining the positions of chief accountant and general director or assigning the duties of chief accountant to the general director? Let's figure it out.

The right to combine the Labor Code does not contain restrictions on the combination of positions by heads of organizations.

At the same time, the Decree of the Council of Ministers of the USSR of December 4, 1981 No.

On the procedure and conditions for combining professions (positions) ”(hereinafter - Resolution No. 1145).

It contains a list of categories of workers who are allowed to combine positions.

According to subparagraph "a" of paragraph 15 of this resolution, it does not apply to managers, their deputies and assistants.

Is it possible to combine the position of general director and chief accountant

Thus, the ability of the head of the organization to personally conduct accounting is directly provided for by law, and, therefore, it is not at all necessary to have a chief accountant on the staff of the organization. So, if the head of the organization has decided to personally maintain accounting records, this should be reflected in the order on the accounting policy of the organization. In this case, the introduction of the position of chief accountant in the staffing table is not required. If the director of the organization personally maintains accounting records and additionally accepts an accountant and cashier as assistants to the organization, then in this situation, accounting is carried out not only by the head of the organization, but also by job accountant.

Human Resources Department, 2008, N 3 Question: In our company, the general director combines his position and the position of chief accountant.

Is it legal? How to properly document this? Answer: At present, the Decree of the Council of Ministers of the USSR of 04.12.1981 N 1145 “On the procedure and conditions for combining professions (positions)” (hereinafter referred to as the Decree) is in force, which contains a list of categories of workers who are allowed to combine positions.

According to paragraphs. "a" clause 15 of the Resolution, the combination of positions by the General Director is not allowed. By the decision of the Cassation Board of the Armed Forces of the Russian Federation of March 25, 2003 N KAS03-90, the above norm of the Decree was recognized as not valid in terms of “heads of structural divisions, departments, workshops, services and their deputies”, and by the Decision of the Armed Forces of the Russian Federation of October 20, 2003 N GKPI03-1072 - for the main specialists. However, the restriction for heads of organizations remained.

dipna5.ru

I work as a director of an autonomous non-profit organization(ANO). Here, part-time, I combine the position of a newspaper editor. During the audit, a problem arose: the inspectors, referring to the Decree of the Council of Ministers of the USSR dated 04.12.81 No. 1145, said that the heads of organizations do not have the right to combine. Is it so?

Indeed, Decree of the Council of Ministers of the USSR dated 04.12.81 No. 1145 “On the procedure and conditions for combining professions (positions)” (hereinafter referred to as Decree No. 1145), which establishes a restriction on combining posts by heads of organizations, has not yet been recognized as invalid, although more than once caused controversy and was the subject of consideration in the Supreme Court of the Russian Federation.

Thus, in the original version of sub. "a" clause 15 of Decree No. 1145 limited the possibility of combining positions by heads of enterprises, institutions and organizations, their deputies and assistants; chief specialists; heads of structural subdivisions, departments, workshops, services and their deputies.

Definition Supreme Court RF dated March 25, 2003 No. KAS 03-90, sub. "a" clause 15 of Decree No. 1145 was declared invalid in terms of heads of structural divisions, departments, workshops, services and their deputies, and by Decision of the Supreme Court of the Russian Federation dated 10.20.2003 No. GKPI03-1072 - in terms of chief specialists.

The legal position of the Supreme Court of the Russian Federation, set out in the above judicial acts, lies in the fact that the restriction of freedom of labor, established by the Constitution of the Russian Federation and the Labor Code of the Russian Federation, is possible only on the basis of a federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons , ensuring the defense of the country and the security of the state.

At the same time, there is no federal law that establishes requirements that determine the restriction of the rights of heads of organizations to combine professions (positions). The Labor Code of the Russian Federation also does not contain any restrictions regarding the combination of heads of organizations.

According to Part 1 of Art. 423 of the Labor Code of the Russian Federation, regulatory legal acts of the former USSR are not subject to application in case of conflict with the norms Labor Code RF. Thus, it can be argued that "a" clause 15 of Decree No. 1145, which restricts the rights of heads of organizations, their deputies and assistants to combine, should not be used as contrary to the norms of the Labor Code of the Russian Federation.

Therefore, the head of an organization can combine several professions (positions) in the same organization, including the position of a newspaper editor.

Considering that the amount of the additional payment for combining professions (positions) is determined by agreement of the parties to the employment contract, taking into account the content or volume of additional work (part 2 of article 151 of the Labor Code of the Russian Federation), the amount of the additional payment to the head of the organization for combining professions (positions) must be agreed with the management body of the organization, which concluded an employment contract with the head.

www.eg-online.ru

Part-time director: what does the law say

Compatibility is divided into two types - internal and external. If on vacant position becomes an employee already working in this company, this is called internal combination of positions. External combination implies the employment of an employee who is not part of the organization's staff for parallel work (Article 60.1 of the Labor Code of the Russian Federation).

In principle, the law does not limit citizens in the number of positions they can combine - this applies both to ordinary workers and to big bosses. As for the external part-time director of the organization, there are still some legislative obstacles.

In the event that a citizen also occupies the chair of the head at the main place of work, he needs to obtain a permit from the owner of the property of his main company in order to get a job in combination (applicable to any job). If the boss himself owns the property of the company, then he does not need to obtain any relevant permits.

There are also strict prohibitions on combining two positions by a commanding person if one of them belongs to the state and municipal structures– such people are not entitled to combine two positions. Employees, including general directors of state corporations and companies, can work part-time only with the official consent of the highest state leadership.

How to transfer the director from the main job to a part-time job?

To transfer the director from the main job to a part-time job, you must proceed as follows:

• Carry out the procedure for dismissal from the main job.
• Make an appropriate entry in the work book.
• To carry out the hiring of a director for the same position that was previously in the main job.
• Issue an order on taking office as the head of the organization (sample here).
• To accept a director for a combined position, to make an entry in the Labor Code on hiring a part-time job.

The director is not a simple hired employee, but a responsible person on whom many aspects of the organization's activities depend. In this regard, there are some nuances of concluding an employment contract with a part-time director. The employment contract must contain the following information on its pages:

• The number from which the part-time worker begins to fulfill his duties as the head, and the period of validity of the employment contract.
• The salary of the director and the time frame of his working day (should be indicated taking into account the main work).
• The degree of responsibility of the director to the organization, which is prescribed in a separate clause of the contract.
• Description of the regime of work and rest of the head, which differs from the regime of other employees.

A sample of the correct execution of an employment contract can be downloaded from this link.

In some cases, the CEO is hired for a trial period of up to six months. Important nuance: if he received his position by passing through a competition or as a result of elections, then a probationary period is not established.

zhazhda.biz

Question

Is it possible to hire an external part-time employee for the position of DEPUTY DIRECTOR? Or just a staff member?

Answer

The legislation does not prohibit hiring employees for the position of deputy director on the terms of external part-time employment.

- persons under the age of 18 (Article 282 of the Labor Code of the Russian Federation);

— persons employed in work with harmful and (or) hazardous conditions labor, if part-time work is associated with the same conditions (Article 282 of the Labor Code of the Russian Federation);

- employees whose work is directly related to driving vehicles or driving traffic, if the nature of part-time work is similar to the nature of the main job (Article 329 of the Labor Code of the Russian Federation);

- heads of security companies, as well as security guards (Article 12 of the Law of 11.03.1992 N 2487-1);

- state, municipal employees (Article 17 of the Federal Law of July 27, 2004 N 79-FZ, Article 14 of the Federal Law of March 2, 2007 N 25-FZ);

- members of the Government of the Russian Federation (Article 11 of the Federal Constitutional Law of December 17, 1997 N 2-FKZ);

- judges of the constitutional court, lawyers, prosecutors and employees of internal affairs bodies (part 1 of article 11 of the Federal constitutional law of 07/21/1994 N 1-FKZ, clause 1 of article 2 of the Federal law of 05/31/2002 N 63-FZ, paragraph 5 of Article 4 of the Federal Law of January 17, 1992 N 2202-1, part 4 of Article 34 of the Federal Law of November 30, 2011 N 342-FZ);

- military personnel, persons in command and employees of the federal courier communications, employees of the personnel of the foreign intelligence agencies of the Russian Federation, employees Federal Service security (clause 7, article 10 of the Federal Law of 05.27.1998 N 76-FZ, part 5 of article 9 of the Federal Law of 12/17/1994 N 67-FZ, part 6 of article 16.1 of the Federal Law of 04/03/1995 N 40 -FZ);

— employees of the Bank of Russia holding positions, the list of which is approved by the board of directors (Article 90 of Federal Law No. 86-FZ of July 10, 2002);

- heads of state and municipal educational organizations, their branches (part 5 of article 51 of Law N 273-FZ);

- pedagogical, medical, pharmaceutical and cultural workers (clause 1 of the Decree of the Ministry of Labor of Russia dated 30.06.2003 N 41).

In addition, the norms of the Labor Code of the Russian Federation limit the possibility of combining for the head of the organization. A prerequisite for his part-time work is to obtain permission from the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner (part 1 of article 276 of the Labor Code of the Russian Federation).

nalog-expert.ru

Anna Sergeevna, tell me more, please, whether the following procedure for applying for a job will not be a violation of the law.

We are talking about the same employee who needs to be "given" 360 hours of teaching workload of a teacher.
The manager does not want the work agreement to contain a condition that the employee starts work from 01/01/2018 - the time when classes will actually be conducted.
She wants to issue it from September 1, and, accordingly, middle the employee will receive the teacher's monthly salary all this time (September - and then monthly). That is, the payment will go for the months when the employee actually will not teach(as I said, 360 hours of work will start only from 2 semesters).
The basis is this:
In accordance with clause 4.1 of the procedure for determining the teaching load teaching staff stipulated in the employment contract, approved. Order of the Ministry of Education and Science of Russia dated December 22, 2014 N 1601,
— teachers of organizations that carry out educational activities on educational programs middle vocational education, the norm of hours of educational (teaching) work for the wage rate of which is 720 hours per year, is determined the volume of the annual teaching load based on 10 academic months.
In accordance with clause 4.6 of this order
- average monthly wage paid monthly, regardless of the amount of teaching load performed by teachers in each month of the academic year.

That is, it turns out (as we believe), the volume of the teaching load is set for the teacher for the entire academic year(without specification on a monthly basis) and even if there is no such load in some months (the teacher will not conduct classes), then the salary is paid to him anyway (average) should.
Thus, if we accept a part-time worker as a teacher from September 1 (without the condition that he should start working next year) and we will pay him a monthly average salary, we will not break anything?