How to correctly record the hiring of the general director of a company in the work book?

How to fill out a work book for a director

The rules for filling out work books for employees, including the general director, are established by several regulations:

• Article 66 of the Labor Code of the Russian Federation;
• Rules for maintaining and storing work books, producing work book forms and providing them to employers (approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225);
• Instructions for filling out work books (approved by Decree of the Ministry of Labor and Social Development of October 10, 2003 No. 69).

A person specially authorized to do so or a founder acting on behalf of the employer can keep a work book. This follows from the Letter of Rostrud dated March 11, 2009 No. 1143-TZ.

Appointment to the position of director

When a director leaves the organization or moves to another field of activity, another person must take his place. This position can be obtained by a person who:

• registered for work
• works in the company.

In both cases, there are certain rules for appointing a specialist as director:

1. there is a meeting of shareholders,
2. Candidates are being discussed
3. voting is underway for nominated candidates,
4. minutes of the meeting are drawn up.

Even before the meeting, all participants must be warned about this. Each of them is registered in order to have their voice in the vote. A meeting of people who own shares in the company (the board of directors) nominates worthy, in their opinion, candidates for this leadership position. A majority vote then decides who will be the new director. The number of votes required for appointment may be specified in the articles of association. Representation at a meeting can take place if the representative himself is authorized and holds a power of attorney.

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.

After 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. An employee can also be transferred from one position to another.

When hiring

The General Director is hired on the basis of a decision of the founders, formalized in the form of a decision of the sole participant, protocol or other similar document. The specific type of document is regulated by corporate legislation applicable to a particular type of legal entity. For LLCs and JSCs, such a document will be the decision of the sole shareholder (participant) or the minutes of the general meeting of shareholders (participants) of the company.

Based on the protocol, the general director issues an order on his own appointment to the position. Unlike ordinary employees, the general director in column 4 of the work book may indicate either an order for hiring, or a decision of the founder on the appointment or another similar document.

Expert opinion

Labor Lawyer Olga Smirnova

In accordance with the letter of the Federal Service for Labor and Employment dated September 22, 2010 No. 2894-6-1, the sole executive body (director) is appointed by the decision of the founder and, on its basis, independently issues an order to take office or begin performing duties. Pointing to clause 3.1 of the Instruction, approved by Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69), Rostrud concluded that in column 4 of the work book, you can indicate both an order for the appointment of a director and another document (decision of the founder).

For the purpose of making an entry, it is enough to indicate the type of document (order, decision), its number and date. It is not necessary to enter the full name, but it will not be a mistake.

Sample record with basis - protocol

Sample entry with basis - order

Upon dismissal

When dismissing the general director, an entry is made in the same way as for ordinary employees. It is necessary to indicate the article, part and paragraph of the article of the Labor Code of the Russian Federation. As the basis, as in the case of hiring, you can specify a personnel order or a decision of the founder.

Often in practice the question arises of who certifies the entry in the work book of the general director. As Rostrud noted in letter No. 1143-TZ dated March 11, 2009, a record of dismissal can be certified by a person who previously entered into an employment contract with him. The CEO himself can make the assurance.

Sample resignation letter

If the director is a part-time director

If the director of an organization works part-time, his work book remains at his main place of work. A record of his part-time work may also be made there. Making such an entry is made solely at his request. These rules are established by Article 283 of the Labor Code of the Russian Federation.

We make an entry in the work book of the general director

Any information that is planned to be entered must comply with the norms of the Labor Code of the Russian Federation and be confirmed by the employer’s order or other official documents.

Basic Rules

Special algorithms have been developed to fill out a work book.

The following standards must be taken into account:

• only fountain pens, gel or ballpoint pens with black, blue or purple ink are used;
• all dates are entered in Arabic numerals, while the day and month always have two signs, and the year - four;
• Abbreviation of words is prohibited;
• Continuous numbering is established in each section;
• filling out is carried out in the state language of the Russian Federation or the republic present in its composition, depending on the territory in which the organization is located;
• Strikethroughs are not allowed; incorrect information is first invalidated, then new data is added.

Foundation documents

All information that is allowed to be included in the work book must be justified. To do this, enter the details of the official paper in column 4.

When it comes to appointing a new CEO, several confirmation options are possible:

• if he is a hired employee, this may be a decision of a meeting of company participants, an order for hiring or taking up a position;
• the sole founder assumes the powers of director by his own decision, on the basis of which an administrative document must be prepared.

Depending on the situation, the following attributes are entered in the fourth column of the work book:

• ID card, certificate, diploma, paper confirming qualifications in a certain field (filling out the section about the employee);
• staffing table for entering the name of a position or specialty;
• a qualification directory, if federal legislation establishes any benefits or restrictions in relation to specific professions;
• an order from the manager to add information about changing the name of the organization;
• award document to enter information about the promotion.

Who contributes it?

In the general mode, the work book is filled out by a specialist appointed by order of the director and acting in accordance with the rules of maintenance and storage established by the regulations of the Russian Federation.

There are situations when there is no staff member on staff. Then the founders determine the procedure for filling out the certificate of length of service and nature of employment of the head of the company at their discretion.

If this does not happen, then in the process of dismissing the director, the member of the company who has the authority to sign the employment agreement adds the necessary entry to the book and certifies it with his own hand.

Step-by-step instructions, samples and examples

To hire a manager, adhere to the following algorithm:

• require the necessary documents (passport, certificate of experience, SNILS, application, diploma of education);
• draw up an agreement;
• prepare personnel papers (personal card, order, personal account, tax register, insurance contribution form);
• fill out a work book.

Record of employment (appointment)

The mark is placed on the basis of an order for admission to the staff or a decision on election.

The sequence of filling out the “Job Information” section includes several steps:

• in column 3, write the full and abbreviated name of the company (you can put a stamp), the structural unit is indicated only if it corresponds to the contract;
• go to the next line;
• in column 1, enter the serial number of the mark;
• in the second, the start date of work is entered;
• in the third, the title of the position is added;
• the fourth is intended for the details of the base document.

A sample entry in the general director’s work book looks like this:

Termination of an employment contract

The notice of dismissal in the manager’s book has its own characteristics:

• the third column should indicate the reason formulated in accordance with the order and a link to a specific part of the Labor Code of the Russian Federation;
• in the fourth, the details of the order or other document containing the decision of the owners are indicated.

Example of filling out column 3:

Dismissal by transfer

You can terminate your relationship with the director in this way due to the circumstances listed below:

• there is written consent of the old employer, the inviting party and the employee himself;
• the manager decided to resign and submitted a corresponding statement.

In this case, when filling out the work book, you need to indicate which of the parties initiated the procedure.

At your own request

According to Art. 280 of the Code, the general director has the right to early terminate relations with the employer, who is the owner of the company’s property or his representative, by notifying him of his intention one month in advance.

You need to make a new entry in the work book and add in column 3 that the contract was terminated at the initiative of the employee on the basis of clause 3, part 1, art. 77 Labor Code of the Russian Federation.

If you worked part-time

According to the rules for storing work records, the document is located at the main place of employment. Entering information about additional regular work is done at the will of the employee. He has the right to demand certified duplicates of all necessary papers and submit them for making the relevant records.

In this case, two marks are sequentially entered in the third column:

• about accepting a part-time job, indicating the name of the company and position;
• on termination of the contract with the reason and the relevant section of the Code.

The reason for dismissing a part-time worker depends on the type of agreement:

• if indefinite, then the basis may be the hiring of an employee for whom it will be considered basic;
• termination of a contract with a limited period of validity is possible only according to the general rules provided for by the Labor Code of the Russian Federation.

Example:

When combining positions

The manager can carry out additional activities in the same organization.

The timing, content and volume are determined by the employer. In this case, the director has the right to refuse unnecessary functions himself or they will be canceled before the established date by written notice.

An entry about combining positions is not made in the work book.

How to count vacation days in May 2021? Find out from our article. Who is granted study leave? See here.

How to cancel an entry in a work book correctly? Information is here.

Who signs?

When an employee, including the head of the company, is dismissed, all data added to the certificate confirming the length of service and work procedure is certified by the signature of the person responsible for processing personnel documents.

If the organization does not have such a specialist, his functions are performed by the director.

When there are no other employees in the company besides the manager, the question arises of who will endorse his book.

Since, according to the Instructions, this responsibility is assigned specifically to the employer, it remains to determine it in relation to the current situation. For example, under an employment contract, a legal entity – an organization and an individual – its director entered into a legal relationship.

Then, depending on the form of ownership and composition of participants in the structure, the book is signed by different entities.

A visa can be issued to an LLC by:

• chairman of meeting;
• authorized member of the company;
• head of the board of directors.

If the sole owner of a company in which there are no other employees needs to resign, then he himself will make a corresponding note in the book and certify it with his signature.