Employment contract with the director: peculiarities of the conclusion

Often, one has to observe a situation where a contract or an ordinary labor contract with a director is no different from a contract concluded with ordinary employees. This approach is not entirely correct.

In spite of the fact that on the one hand the director is also an employee of the enterprise and is fully covered by the provisions of the labor legislation, however, in addition, the manager is also the executive body responsible for the activities of the organization.

It should also be remembered that the duties and rights of the director are determined both by the constituent documents and by the employment contract, which, along with the legal regulations, is the source of regulation of relationships with employees in the enterprise. If you underestimate the importance of this document, then the employer may have labor disputes in cases where they could easily be avoided.

Employment contract with the director: mandatory conditions

Any labor contract, including that concluded with the manager, must necessarily contain the conditions without which this document can be considered not concluded or formalized with violations of the labor law. Unfortunately, in some cases, employers ignore some of the requirements of the law.

Thus, the employment contract with the director must contain all the data about the head and employer. When concluding a contract with the manager, it is necessary to indicate the decision, which served as the basis for registration of the contract. The decision should specify the authority of the person to sign the employer's employment contract with the manager.

The contract also specifies the name of the enterprise, the labor functions are described. It should be remembered, and it can be mentioned, when concluding an employment contract with the director, that he can not work part-time, with the exception of performing creative, scientific or teaching activities.

The sample of the employment contract with the director should contain the clauses concerning the basic rights and duties of the employer and the worker. These conditions are often underestimated by the employer, which leads to serious proceedings in the event of conflict situations and becomes a decisive factor in settling disputes.

If you look closely, it often turns out that the employer does not have enough clear instructions about the rights and duties of the director in the constituent documents, except for a banal reference to the contract. To avoid unpleasant conflicts, the employer has the opportunity to define a clear relationship with the manager. It is necessary or in detail to register all the duties and rights of the director in the text of the employment contract itself, or in the established manner to approve the job description for the director of the organization. In this case, the contract refers to the relevant documents. For example, "an employee undertakes to perform in good faith all the duties that are determined by the company's charter and job description."

An employment contract with a (commercial) director must also contain the duration of the relationship, in this case the document is called a contract. In the absence of this clause it is considered that the employment contract is concluded indefinitely.

In the labor agreement it is necessary to indicate the regime of work and rest of the head. In spite of the fact that the director has a working day that is not standardized, it is necessary to establish for him the beginning and the end of working time, as well as breaks, weekends and holidays.

In addition, the contract with the manager must contain the terms of payment for his labor: the days and order of payments, the method of calculating the salary, the amount of salary, allowances, surcharges, incentive payments.