Transfer of a director to another position: grounds under the Labor Code of the Russian Federation, registration, documents

Transfer of an employee to the position of director of an LLC: legal gaps

The transfer to the position of director of a person who is an existing employee of the company is a procedure implemented in the jurisdiction of two different branches of legislation - labor and civil.
When considering the legal norms enshrined in them, one can observe the presence of a number of obvious gaps in the legal norms - regarding the regulation of the transfer of an existing employee of the company to the position of general director in an LLC. Namely:

1. The term of office of the director of an LLC: if its establishment is not within the competence of the board of directors of the business company, then it cannot exceed the period specified in the organization’s charter.

At the same time, the charter cannot reflect an indefinite period (Clause 1, Article 40 of the Law “On LLC” dated 02/08/1998 No. 14-FZ, Article 190 of the Civil Code of the Russian Federation).

Thus, on the one hand, concluding an open-ended employment contract with the director of an LLC is not prohibited by labor legislation (Article 59 of the Labor Code of the Russian Federation), on the other hand, if his term of office is limited, concluding such an agreement is inappropriate (since, without authority, the director will not be able to fulfill his duties). duties, his signatures will be illegal).

2. Initially, an employee of an enterprise can work on a permanent employment contract. Transfer from it to an urgent one, to which there is no alternative when hiring an LLC director in the general case, the courts tend to consider as an illegal procedure (appeal ruling of the Irkutsk Regional Court dated August 16, 2013 in case No. 33-6746/13).

Taking into account this peculiarity of the relationship between legislative norms, as well as the position of the courts, we will consider possible legal scenarios for the transfer of an existing employee of an enterprise to the position of director.

Is it possible to transfer the general director to another position?

So, according to the Federal Law of 08.02.
1998 No. 14-FZ “On Limited Liability Companies” the competence of the general meeting of the company’s participants includes, among other things, the formation of the executive bodies of the company and the early termination of their powers, if the company’s charter does not include the resolution of these issues within the competence of the board of directors (supervisory board) of the company. Accordingly, the right to amend the employment contract with the head of the organization belongs to the employer, and the signing of an additional agreement on changing the labor function and other changing terms of the contract belongs to the person vested with the appropriate powers. If an agreement on the transfer is reached between the manager and the body whose competence includes concluding an employment contract with him, then you can be guided by the rules of the charter that establish the procedure for action in this case. If the charter

Question: What is the procedure for transferring the general director of an LLC to another position?

Should he be fired and, after the information that the general director has been replaced is entered into the Unified State Register of Legal Entities, should he be rehired?

Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in Parts 2 and 3 of Art. 72.2 Labor Code of the Russian Federation. Any peculiarities in the form of the impossibility of transferring to another position of the General Director of Art.

72.1 of the Labor Code of the Russian Federation does not contain. In addition, if the general director’s employer agrees to his transfer, then the grounds for terminating the employment contract under Art. Art. 77, 278 of the Labor Code of the Russian Federation with the employee will be absent. According to paragraphs. 3 p.

3 tbsp. 40 of the Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies”, the sole executive body of the company issues orders on the appointment of company employees to positions, on their transfer and dismissal.

Considering that the general director, as the head of the organization, is both the sole executive body and an employee, he does not have the right to issue an order for his transfer.

According to paragraphs.

Transfer of the General Director to another position

Thus, the conclusion of an employment contract with the head of a commercial organization may be preceded by a competition, election or appointment to a position, etc. (). The procedure for appointing or electing a general director is determined by the organization’s statutory documents.

There, for example, it may be established that the general is appointed by a decision of the general meeting of participants (depending on the organizational and legal form, these can be founders or shareholders), works under a fixed-term employment contract or under an open-ended one, etc.

also establishes additional grounds for the dismissal of a manager (), guarantees provided to him upon dismissal () and gives him the opportunity to terminate the employment contract early, subject to advance (no later than a month) written warning of this to the employer or owner of the organization's property ().

The legislation is silent about the transfer of a manager.

Is it possible to transfer a director to another position without dismissal?

In joint stock companies, this is usually the general meeting of shareholders or the board of directors (supervisory board) ().

In limited liability companies - the general meeting of participants (). Formalize the decision to terminate the employment contract with the general director.

The entry can be made by an employee responsible for maintaining work records in the organization, or a person specially authorized by the body that made the decision to dismiss the manager.

Can the CFO be transferred to the position of CEO or should he be fired first and then hired?

40 of the LLC Law, Part 2, Art. 275 of the Labor Code of the Russian Federation, election to a position is classified as grounds for concluding an employment contract with an elected person, but not for changing the current employment contract with such a person.

Secondly, by virtue of paragraph 1 of Art.

40 of the LLC Law, an employment contract between a company and its director can be signed on behalf of the employer by a strictly limited number of entities: the person who chaired the general meeting of the company’s participants at which the director was elected, or a company participant authorized by the decision of the general meeting; or the chairman of the board of directors (supervisory board) of the company, or a person authorized by a decision of the board of directors (supervisory board) of the company.

However, these entities by law can only be authorized to conclude an employment contract by the general director, but none of them is authorized by law to sign additional agreements to employment contracts with other employees of the LLC.

How to register a transfer to the position of General Director?

Of course, a scenario is possible, it can be conditionally called general, in which a current employee of the LLC will have a fixed-term employment contract for his position. In this sense, there will be no obstacles from the point of view of labor law to the appointment of this employee as General Director in the transfer procedure, which is regulated by the provisions of Art.

72.1 Labor Code of the Russian Federation. This procedure involves: 1. The founders making a decision to appoint a new general director and reflecting this decision in the minutes.

If there is 1 owner of the company, then only a resolution issued by him will be required.

2. The conclusion by the company’s personnel service of an additional agreement with the employee regarding the transfer to the position of director (later in the article we will consider the nuances of concluding this agreement with the employee).

Is it possible to transfer the director to another position?

Message from the Chairman of the Board of the Company I.I. Ivanov

1. Listened to: I.I. Ivanov, Chairman of the Board of the Company -

“I propose to consider for election to the position of general director of the company the candidacy of Alexander Alekseevich Frolov, born in 1968, passport: 45 01 N 654321, issued by the Leninsky District Department of Internal Affairs"

02.02.2002, residing Moscow, Leninsky Prospekt, d. Since the current legislation does not contain a prohibition on the adoption of a decision by the general meeting of company participants on the termination of the powers of the sole executive body with the subsequent transfer of such an employee to another position in this organization, the decision

According to Art.

79 of the Labor Code of the Russian Federation about the termination of an employment contract due to its expiration, the employee must be warned in writing at least three calendar days before dismissal.

Is it possible to transfer the general director to another position (lower) by issuing an additional agreement, or is it necessary to formalize this employment relationship through dismissal?

The sole executive body of the company (director, general director) without a power of attorney acts on behalf of the company, including representing its interests, makes transactions on behalf of the company, approves staff, issues orders and gives instructions that are binding on all employees of the company (paragraph three of Law No. 208-FZ).

Source: https://ukpravoedelo.ru/mozhno-li-generalnogo-direktora-perevesti-na-druguju-dolzhnost-74558/

Transfer to the position of director of an LLC de jure: general scenario

This procedure involves:

1. The founders make a decision to appoint a new general director and reflect this decision in the minutes. If there is 1 owner of the company, then only a resolution issued by him will be required.

See a sample additional agreement to the employment contract on the transfer of an employee to the position of General Director of an LLC for a certain period in ConsultantPlus. Trial access to the legal system is free.

Legal features of the procedure

At the very beginning, emphasis should be placed on the differences in the official powers of the key management figures in the enterprise: the director and the general director. In the classical understanding of the job functionality of a director in most areas of activity of commercial enterprises, the range of responsibilities is:

coordination of the main activities of the enterprise;
control over the operational part of the company’s work;
selection of personnel and organization of effective work of hired specialists in the company;
direct management of the workforce;
implementation of reporting and other documentary aspects.

The role of the CEO of the company, as the dominant figure in the company, comes down to the following tasks:

representation of the company and the results of its activities at all official levels;
communication with key partners and implementation of transactions;
approval of internal documentation standards at the enterprise;
organization of the work of the board of directors (meetings of shareholders);
control of key vectors of the company’s activities in accordance with its approved missions, etc.

Based on the results of the enterprise’s activities, as well as based on a number of other circumstances in the company, the director may be offered to head the company as its general manager - in this case we are talking about transfer to another position. Despite the fact that there are no separate provisions in labor legislation regulating the transfer of an employee to the position of general director within one company, these actions cannot be called a formality.

The transfer procedure is regulated by the general provisions on the transfer of employees (Article 72 of the Labor Code of the Russian Federation), the norms of civil legislation (Article 50 of the Civil Code of the Russian Federation), as well as directly by the company’s statutory documentation.

Since the position of the general director itself relates to elected positions, the appointment of a candidate for this role provides for a slightly different procedure - the person is selected by decision of the board of shareholders, board of directors or other body that controls the main processes of the company.

Based on this, if a company director assumes the position of general director, the board of founders must vote for his candidacy in its majority, and a corresponding protocol will be drawn up.

Legal transfer to de facto LLC: additional agreement on combination

If for some reason the trust scenario described above cannot be implemented, then the following option is possible: appointing a current employee of the LLC to the position of director of the company. He assumes that the personnel department in the scenario under consideration will ask the employee who wants to be made a director to sign:

additional agreement - on combining the current position (for example, financial director) with the position of the head of the company for a certain period;
additional agreement - on changing the terms of the current employment contract (for example, in terms of minimizing the powers of the financial director and changing salaries).

De jure, the employee will combine 2 positions, but de facto, he will work only in 1 of them (general director) with an indefinite employment contract.

The scenario under consideration is rather beneficial to the employer because:

1. If a person signs a second additional agreement (on minimizing powers in the main position), he will have to make every effort to be a good leader, since if the corresponding agreement is canceled (on the grounds provided by law), he will become a financial director with the same powers and he will no longer be able to earn a salary without the consent of the employer.

2. If a person does not sign the second agreement, then the employer will have reason to ask the employee for results for 2 positions at once - it is unlikely that they will be satisfactory given the seriousness of both positions. As a result, there will be grounds to terminate both agreements or even the employment contract as a whole.

Assignment of new functions

One of the employees who is often asked to assume authority is the chief accountant of the enterprise, especially if the number of employees of the LLC (JSC) is small. This allows you to optimize the company’s work and control the entire production process. These changes can be formalized by transferring the chief accountant to the position of general director according to the above procedure, but it would be more correct to dismiss him (by agreement of the parties or at his own request), and then rehire him, because a fixed-term contract must be signed with the head of this level. This point must be taken into account when formalizing labor relations.

Combining positions: nuances

Russian legislation in most scenarios of intra-corporate legal relations does not imply any prohibitions on combining positions as a director. However, there are exceptions here, and one of those that you should pay attention to first of all concerns combining the positions of director and chief accountant (or other competent employee of the organization responsible for accounting).

The fact is that the director cannot simultaneously perform the function of the chief accountant (as well as vice versa - the chief accountant cannot be appointed director as part of a combination) at enterprises that have economic indicators exceeding those defined for companies:

having the right to conduct simplified accounting (taking into account the criteria defined in paragraph 5 of Article 6 of the Law “On Accounting” dated December 6, 2011 No. 402-FZ);
having the status of medium-sized businesses (taking into account the criteria defined in subclause 1.1, clause 1, article 4 of the Law “On the Development of Entrepreneurship” dated July 24, 2007 No. 209-FZ and the Russian Government Decree dated April 4, 2016 No. 265).

Thus, in a large company, the appointment of a chief accountant to the position of general director is possible only within the framework of mechanisms that do not involve combination.

You can learn more about the features of concluding employment contracts for combinations in the article “Registration of combining positions in one organization .

Regulation of relations between the parties

It is necessary to understand the difference in paperwork in the case of appointing a person upon hiring and transferring an already working employee. In the first case, an employment contract is signed with the boss. The chairman of the meeting of shareholders or the board of directors (depending on the format of the governing body) has the authority to carry out this procedure. This can also be done by an authorized person who is chosen by the participants during the meeting.

When signing this document, there are some points to consider:

the contract must be fixed-term, the period for which the manager is elected must be indicated;
if necessary, a probationary period (up to six months) is provided for the new chief, even if his candidacy was selected as a result of a competition;
the clause on financial responsibility is not appropriate, because the general director, as the main leader, already bears it before the organization.

The order to take up a position is written in form No. T-1 (it is drawn up for employees who begin work in the company on the basis of an employment contract). In this case, the director must sign twice: in the “Employer” column and where “I have read the order.” This document is prepared and signed within three days from the start of work in the position.

Then the personnel officer has a week from the date of appointment of the manager to make the appropriate entry in the work book. The basis is an order of appointment. If it is not there, then the decision of the meeting of participants or the board of directors is recorded. It is necessary that the entries in the protocol (decision) coincide word for word with the text in the work book.

It is also mandatory to issue a personal card for the manager in the T-2 form. In this case, it is also necessary to make changes to the card with sample signatures at the bank and notify the Federal Tax Service of the change in the identity of the director. To do this, he must write an application (form No. P14001) within three days. Otherwise, there is a full possibility of paying a fine of 5,000 rubles. There is no need to report changes to the steel authorities. This responsibility lies entirely with the Federal Tax Service.

When transferring to the position of General Director, an additional agreement to an existing employment contract is the document governing all changes. After all, the employee remains with the same employer, but only his job function changes.

Legal transfer to a de jure LLC: the role of the board of directors

The most, perhaps, labor-intensive, but the only one that allows for the transfer of an employee from an open-ended employment contract to the position of de jure general director (that is, in accordance with Article 72.1 of the Labor Code of the Russian Federation) is the vesting of the competence to determine the terms of office of the director of the company to the board of directors. .

First of all, a board of directors must be established in the organization: the decision to create it is enshrined in the company’s charter. The list of competencies of the board of directors is, as a rule, fixed in a separate regulation adopted by the founders. In this provision, in particular, there must be wording that the formation of the executive management bodies of the LLC is within the competence of its board of directors.

The board of directors has the right to adopt a regulation on the general director of the enterprise, which will reflect that the terms of office of the general director are determined by the employment contract, which can be fixed-term or indefinite.

Actually, for a transfer to the position of general director under a permanent employment contract, an additional agreement is again drawn up - this time on the transfer. This agreement is generally signed by the employer on the part of the chairman of the board of directors.

Determination of the new boss

In most cases, LLC and JSC participants select a candidate from among the top echelon representatives of their organization, for example, director, deputy, chief accountant, and formalize this by transferring the employee to the position of general director. This is quite convenient, since the person is aware of the peculiarities of the enterprise and, most likely, has his own vision for solving a number of issues. Sometimes society invites a person from the outside. A person who meets all the requirements of shareholders is offered to assume the responsibilities of a manager. Taking on a position is carried out either by transfer, or has a “dismissal-reception” mechanism. The main thing is to choose the right frame design option. In order to understand all the intricacies of the matter, you need to know the standard stages of appointing a manager.

Transfer to the position of director of a joint stock company: nuances

How to formalize a transfer to the position of General Director, in turn, in a joint stock company?

Taking into account the specifics of the legislation regulating corporate and labor relations in joint-stock companies, it is legitimate to say that such enterprises do not have the difficulties that characterize the corresponding transfer to an LLC. The current rules of law regulating the establishment and activities of a joint-stock company do not in any way regulate how the term of office of a director should be determined. Thus, the founders of a joint-stock company can fix it not only in the charter, but also in any local regulatory act - for example, a decision on the appointment of a director.

It is worth noting that the board of directors of a joint-stock company, unlike the similar structure of an LLC, by default does not have those competencies that imply the establishment of the term of office of the director of the organization - these competencies are not listed in subparagraph. 9 clause 1 art. 65 of the Law “On JSC” dated December 26, 1995 No. 208-FZ.

Thus, in a JSC it is possible to establish the powers of the general director indefinitely. In this case, there are no obstacles to the transfer of an employee with an open-ended employment contract to the position of General Director of the JSC on the basis of Art. 72.1 Labor Code of the Russian Federation.

Transfer of the General Director to another position, entry in the labor record

Conclusions: In our opinion, the transfer of the head of the organization (transfer of the General Director) to another position is not absolutely correct from the point of view of legislation, because

There are legal norms that indirectly contradict such an action, but at the same time there is no direct prohibition on this method.

Therefore, it is recommended to transfer the manager (General Director) through “dismissal-hiring”, but keep in mind that direct transfer does not entail significant violations of the law and can be carried out, which is often the case in practice.

In this case, the sequence of actions seems to be as follows: - The OSU terminates the powers of the previous leader and elects a new one; — the new manager hires the former manager in a different position.

Option 1: dismissal-hiring The head of the company can be dismissed on the same grounds as other employees.

General Director: registration of transfer to the position

carries out activities that are regulated not only by labor law, but also by civil law.

Dictionary of personnel records management.

The head of an organization is an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity (organization) and local regulatory acts governs this organization, incl.

performs the functions of its sole executive body (Art.

273 Labor Code of the Russian Federation). Director (Latin director, from dirigere - straighten, direct) - chief, head of a government body, institution, enterprise or educational institution. In shareholder law, a member of the Board of Directors (Supervisory Board) or the sole executive body of the company.

Transfer of the director to another position

The employer is obliged to familiarize the employee with the entry about the transfer against signature in his personal card, which repeats the entry made in the work book. For samples of the additional agreement and entries in the work book and personal card of the employee, see the attached files.

(31 kB) (20 kB) (139 kB) (46 kB) (47 kB) (33 kB)

How to correctly make an entry in the work book about the transfer of the General Director to the position of Deputy General Director, and the basis should be the number of the meeting minutes or an order?

✒ Transfer to another…. The employee worked part-time at 0.5 times the rate, now she is hired full time as her main place of work. How to arrange this correctly? should she be fired?

Sample entry for employment transfer to the position of director

The next column contains the number and date of the order.

Why is this an important post? The difference between hiring and transferring to a position is significant. In the first case, after electing a person to a given position, it is necessary to draw up not only a decision and order, but also to sign an employment contract, having previously discussed a probationary period.

Sample order on the resignation of the general director Important But the manager is obliged to make an offer to transfer to another place of activity (if any).

How to transfer a director to another position?

In any case, it is necessary for the founder to decide to issue a dismissal order (the director signs it himself).

The specific procedure depends on the grounds for dismissal.

For more information on hiring a director, see

For details of hiring a part-time worker, see At the same time, we note that the transfer of a director to another position is not prohibited by law. In this regard, you need to analyze the organization’s charter in terms of the authority of the board of directors and the general meeting of participants (shareholders) to make such decisions.

Question: What is the procedure for transferring the general director of an LLC to another position? Is it necessary to fire him, and after entering information into the Unified State Register of Legal Entities that the general director has changed, should he be hired again?

Art. 77, 278 of the Labor Code of the Russian Federation with the employee will be absent.

According to paragraphs. 3 p. 3 art. 40 of the Federal Law of 08.02.

1998 N 14-FZ “On Limited Liability Companies” the sole executive body of the company issues orders on the appointment of company employees to positions, on their transfer and dismissal.

Considering that the general director, as the head of the organization, is both the sole executive body and an employee, he does not have the right to issue an order for his transfer.

According to paragraphs.

Transfer to the General Director entry in the labor record

In practice, you can use two options for transferring an employee already working in a given organization to the position of General Director: Option 1.

You can transfer an employee within the same organization. This option can be used if the employee maintains an open-ended employment relationship (as we understand, this is exactly your case).

Interesting information about the Director's Business trip is posted here.

Regardless of who initiates the transfer, the basis for issuing the order is amendments to the employment contract (additional agreement).

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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer.

Sample entry in the employment record about the transfer of an employee to the position of General Director

The election of a person to a leadership position must be urgent (have a certain period).

All legally capable citizens entitled to this type of activity have the right to nominate themselves.

Attention Once the date of appointment or transfer has been determined, the director can begin his direct duties (from the specified date).

If a person is hired as a manager, then a contract is concluded with him. This document is approved by the chairman, participant or person authorized for these actions.

Then the relevant data is entered in the work book and personal file.

Source: https://dtp-sovetnik.ru/perevod-generalnogo-direktora-na-druguju-dolzhnost-zapis-v-trudovoj-96930/

Results

Transfer of an existing LLC employee to the position of director in accordance with Art. 72.1 of the Labor Code of the Russian Federation (that is, as a de jure transfer) is possible only if the employee is working on a fixed-term employment contract. If the original contract is indefinite, then the employee can be appointed director of the LLC when re-signing the employment contract, in a combination manner, or under Art. 72.1 of the Labor Code of the Russian Federation - if the board of directors of the company receives the competence to determine the term of office of the director. In JSC, the corresponding transfer can be carried out under Art. 72.1 of the Labor Code of the Russian Federation without any restrictions.

You can learn more about the nuances of processing a transfer within an organization in the following articles:

“Order to transfer an employee to another position - sample”;
“Sample order for transfer to remote work”.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Support Document Rules

Moving employees within a company is common. And you always need to sign an additional agreement when it comes to changes in job functions, even if the job title changes. This document indicates an agreement between the parties. According to Art. 72 of the Labor Code of the Russian Federation, the manager can change the position of any employee at his discretion. The only thing is that he must notify the employee about this 2 months in advance and obtain his consent (this can be a statement from the latter, a signature on the order, but it must be in writing). If the transfer of a director to the position of general director is planned for less than a month, then there is no need to withstand the above period (clause 2 of article 72 of the Labor Code). The message about innovations in the employment contract must indicate the reason for future movements in free wording, for example, “changes are being made due to the reduction of a department (closing a branch, reorganizing a company, etc.).” Particular attention must be paid to dates. The date of taking up the position in the document must be later than the consent taken from the employee.

When transferring to the position of General Director, an additional agreement governs the relationship between the parties, taking into account all changes. It contains information about the title of the document, the employer, and the date of assignment of authority. The part that contains all the innovations associated with changing the position is very important. In the employment agreement, the clauses that will be changed and the text reflecting the new working conditions are written verbatim. This may include the job title, work schedule, pay and conditions for performing duties. The employee’s loyalty to the employer and the likelihood of conflict situations will depend on how carefully the adjustments are made.

If the order for transfer to the position of General Director stipulates a long period (more than one month), then the HR department employee (or other authorized person of the company), just as in the first case, must make the necessary changes to the employee’s personal card in the T-form. 2 and in his work book.

Changing the powers of a working employee

If an employee performs the functions of a manager in parallel with his main responsibilities (part-time), and the position of the boss needs to be made the main and only one, then the question arises of how to transfer the gene. director from part-time to the main place of work. There is an opinion that in such a situation it is correct to fire a person, terminating the existing employment contract, and then rehire him, signing a new agreement. But such a technique will not be entirely correct in relation to the performer and will even violate some legal norms. The disadvantages of this design are as follows:

The employee will be required to submit a statement asking him to dismiss him at his own request or by agreement of the parties and, accordingly, to terminate the employment contract with him. But he has no intention of ceasing to perform his function in this organization; he wants the position of general director to become the main place of work.
To elect a leader, a decision of a collegial body is required; this is stated in the Charter. But it turns out that this candidacy has already been approved, and an employment contract has already been signed with the selected person, only on a part-time basis. That is, the meeting does not provide for approval of the identity of the new manager, which means there is no reason to convene the participants of the LLC (JSC), because they cannot sign an agreement regulating labor relations in a new way according to the constituent documents.
In the event of dismissal from an employee, all payments must be made, including for part of the unused vacation. If a person is hired, a new countdown begins until his required rest. This means that the right to maintain health and restore vitality, to improve the quality and standard of living is violated. According to International Labor Convention No. 132, the signing of agreements to waive leave or provide monetary compensation for non-use of leave is considered invalid and is generally prohibited, except in cases caused by the dismissal of an employee. But the employee has no intention of leaving this organization.
When appointing a person to the position of General Director, the bank will need to provide new supporting documents, and while the institution checks them, the resolution of all financial issues of the employer will be suspended.

Therefore, the best and correct option would be to formalize the transfer of the general director from a part-time job to his main place of work based on the latter’s application. This document will serve as the basis for issuing a transfer order and an additional agreement to the main employment contract. It is signed by the chairman of the meeting at which the candidacy of the head was approved. According to Article 72 of the Labor Code of the Russian Federation, this is a change in the labor function of an employee with the same employer, and more specifically, the working conditions change. All changes in this regard must be made in writing.

What is the difference?

So, what is the difference between a CEO and a director? You should not look for a fundamental difference in the names of these positions from a legal point of view. The practical use of concepts is important here.

First of all, the formation of the name of each position is influenced by the organization’s field of activity: business or non-profit activity. Most often it happens like this:

the main figure in the structure of a commercial organization is the general director;
a leading position in a non-profit organization is simply director;
functional manager in a commercial company - director (economics, personnel, public relations, financial, and so on);
the same functions in a non-profit organization are assigned to the deputy director.

What is the difference between a general director and a director in a structure, for example, an LLC? Here everything is built according to a slightly different principle. Every limited liability company usually has a board. Each member is called a director, and the board as a whole is called the Board of Directors. Among them, one chief is selected or appointed - the general director of the LLC. It is he who carries out the main strategic management, based on the opinions and wishes of the Board of Directors.

Procedure for obtaining permission to work as a part-time director

According to Art. 276 of the Labor Code of the Russian Federation, a director has no right to work part-time for another employer without the permission of the main employer. Therefore, before applying for a part-time job in any position, much less becoming the head of another enterprise, the director must obtain permission from the main employer for such a part-time job.

To obtain permission, the director of an enterprise in the form of an LLC should submit an application to the board of directors or the sole owner with a request for permission to perform part-time work for another employer. Such a statement can be written in any form. Since the director is sending it to his main employers, no additional information should be provided - only the name of the organization in which the director will work part-time and the title of the position. An example of such a statement can be found here.

In practice, as a rule, the filing of such an application is preceded by a tacit agreement with the founders of the LLC. Often, the decision for a director to part-time head another legal entity is made by them. After all, this is most often relevant for subsidiaries or affiliated companies of the company that is the main place of work of the director.

If the LLC has several participants (founders), then the application is considered at an extraordinary general meeting of owners. In order not to violate Art. 276 of the Labor Code, in any case, minutes of the meeting of the founders of the LLC must be drawn up, which must subsequently be kept in the archive, and a copy in the personal file of the director.

The protocol can allow the director to work externally both for a certain period of time and without specifying it. The protocol may contain a reference to the company's charter or other internal regulations of the company, which regulate possible cases of granting such permission. This is usually due to the need to maintain trade secrets, since the work of employees in several companies can harm information security. Therefore, permission is given either for companies that are interdependent, i.e., having common commercial interests, or for a company that is completely unrelated by industry and economic interests to the director’s main place of work. In the latter case, there is simply no possibility of mutual influence of the two societies on each other's market results.

An example of the minutes of a meeting of LLC participants can be found here.

If there are several founders in an organization, they make decisions jointly and reflect them in the minutes

If the director’s employer is not an LLC, but a joint-stock company, there is no requirement to hold a meeting of shareholders. The Chairman of the Board of Directors is authorized to issue permission for external combination in a JSC.

Transfer to another employer

The issuance of an order for dismissal by transfer is preceded by agreement on this decision between the two organizations. To do this, the head of a company (institution) interested in transferring an employee sends a letter of request to the head of the company where he is going to transfer.

The request should indicate the date from which the employee is expected to be hired for a new job and his new position. Having received the request letter, the head of the company (institution) where the employee works must obtain his consent to the transfer.

As a rule, a citizen writes a letter of resignation in connection with a transfer, to which is attached a letter of request. In response, the head of the company (institution) from which the citizen is resigning sends his future employer a letter confirming consent to the transfer.

Then the personnel department of the previous organization issues an order to terminate the employment contract in connection with the transfer according to the unified form No. T-8 (grounds - clause 5 of Part.

first st. 77 of the Labor Code of the Russian Federation), closes the employee’s personal card and makes an entry in his work book.

And the personnel service of the new organization draws up an employment contract with the citizen, an order for employment, creates a personal card and makes an entry about the employment in his work book.

There may be differences in the described procedure if the citizen himself asked to be transferred to another organization. In this case, the first link in the chain of approval of the transfer will be the employee’s application. Then his employer must inform in writing about this desire to the head of the organization where the employee intends to move, and obtain his consent.

Then the hiring and dismissal procedure is carried out according to the general rules. But when making a note about dismissal in the work book, you should write that the employee was transferred at his request (and not with his consent).

A transfer to another employer is considered to be the transfer of an employee to any other legal entity. Therefore, if the transfer is carried out, for example, within one group of companies, then it is still formalized through dismissal.

An important nuance: for employees hired by transfer, a test cannot be established (Article 70 of the Labor Code of the Russian Federation).

If you include this condition in the employment contract, it will not apply (Article 9 of the Labor Code of the Russian Federation).

At the same time, the employee’s work book must contain a record of dismissal from the previous organization precisely in the order of transfer (clause 5.

first st. 77 Labor Code of the Russian Federation).

General rules for filling out labor forms

In order to correctly record a transfer to another position in the work book, you must strictly adhere to the requirements of regulatory documents governing this area. The most general rules that are mandatory to follow include the following:

All information must be recorded based on the issued order of the manager no later than a week. The exception is information about dismissal, which is entered on the same day.
All data must correspond to the text of the administrative document.
All dates must be reflected in Arabic numerals (month and day -> two digits, year -> four digits).
Any abbreviation of words is prohibited.
The language in which all information is entered is Russian.
The book can be kept in another language other than Russian if the second language is the state language of the republic within the Russian Federation, at the location of the employer.