Employment contract separate unit sample. Employment contract with the head of a separate division of the organization

Organizations that have separate divisions quite often make mistakes in the preparation of staff documentation. Therefore, we will devote this article to an analysis of how recruitment to a separate department can be carried out. , who can fill out employee work books, can a branch have its own staffing table, etc.

According to Article 55 of the Civil Code of the Russian Federation, a separate division is a representative office of a legal entity located outside the latter’s permanent location, representing its interests and ensuring their protection.

Characteristic features of a separate structural unit:

• is not a legal entity;
• must be indicated in the constituent documentation of the legal entity that created it;
• endowed with the property of the legal entity that formed it;
• is registered with the tax authority at the address of its actual location.

If a separate division is a branch of a legal entity, then it performs all the functions of the latter, including the functions of representation.

At the legislative level, how personnel records should be carried out in organizations with separate divisions has not been established. Therefore, the right to choose whose responsibilities will include the hiring and dismissal of personnel of a separate unit, who will have to issue orders relating to work activities, where work books are stored and who fills them out, etc., is given to the employer.

If there are relatively few branches and representative offices in the organization, and, consequently, the staff is small, then personnel records management is often carried out centrally. This organization of document flow provides for the following:

• all personnel documentation (directives, orders, employment contracts, acts, etc.) are certified by the head of the enterprise;
• all documentation, including work books, is stored in the main organization;
• maintaining personnel documents and transferring them to the parent company is carried out by one of the employees of a separate division.

Registration of an employee to a branch/representative office

Hiring to separate structural units is carried out by concluding an employment contract with the applicant, which is signed by the head of this unit on the part of the employer.

It is worth noting that in this case the employer is not the branch/representative office, but the organization itself represented by the head of the institution. The preamble of the cooperation contract must indicate: “Limited liability company “Trudovik” represented by the director of the Pervomaisky branch of LLC “Contact” Ostap Ostapovich Astapov, acting under power of attorney No. 111111 dated 10.10.14, hereinafter referred to as “Employer”.”

According to Article 57 of the Labor Code of the Russian Federation, when applying for employment in a separate structural unit, the contract must indicate that the proposed place of work will be provided in the specified representative office/branch, as well as the location of the latter.

The contract details must indicate the details of the parent organization, that is, for the above example, Trudovik LLC.

Before signing a cooperation contract, the employee must be familiar with the following:

1. collective agreement (if any);
2. internal regulations;
3. other local regulations that directly relate to labor activity in the position being filled.

After concluding a cooperation agreement, the head of the branch/representative office issues an order in form No. T-1 on hiring the employee. This order must be presented for familiarization against signature to the new employee within three days from the moment he begins to perform the job duties established by the contract.

In accordance with the labor legislation of Russia, employers maintain work books for all persons who have worked for them for more than five days, if for the latter the place of work held in the organization of this employer is the main one.

So, according to the order, an authorized employee makes an entry in the work book about employment in a separate unit. This entry can be presented as follows: title - “Trudovik LLC”, in the first column - the serial number of the mark, in the second column - the date of employment according to the order, in the third column - “Hired to work at the Pervomaisky branch in the sales department for the position" , in the fourth column - the date and number of the administrative document.

Employment: Video

Choosing a method for conducting personnel records in a separate department

Analyzing the above, it can be noted that how personnel records will be carried out in a separate structural unit depends on the chosen method of personnel document flow - centrally or locally. Both options have both pros and cons, so the choice here depends entirely on the preferences of the employer.

With centralized regulation of labor relations, it is necessary to think through in detail and document the procedure and timing for redirecting personnel documentation, taking into account the deadlines determined by labor legislation. In the case of transfer of powers to manage labor relations directly to the head of the branch/representative office, it is very important to correctly draw up the relevant documentation: power of attorney, regulations on the representative office/branch, order appointing the person responsible for storing the seal, registration and storage of work books, etc.

Common to both options is the procedure for drawing up the staffing table, internal labor regulations and other local regulations. The staffing table is approved by the relevant order of the organization, and contains all separate divisions. The original of this act is kept in the main office, and in each separate division there is an extract from it, certified by an authorized person.

The internal labor regulations are approved by the head of the organization with the participation of a representative body of employees. The original of these Rules is located in the head office, and copies are issued for divisions (branches, representative offices), which are certified by an authorized person with a seal and signature.

Question The organization is registered in the Moscow region, and a separate division is opening in Moscow. It is planned to employ several employees in this separate division. how to properly formalize the hiring of employees and what you should pay special attention to. I would be very grateful for a detailed algorithm (step-by-step procedure). Thank you. Answer Answer to the question: The employment contract with the employee must indicate the place of work. In the event that an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another area, the place of work must be indicated, indicating the separate structural unit and its location. Read more about hiring 2016 here. According to clause

Separate divisions: features of personnel registration

Therefore, we will devote this article to an analysis of how hiring can be carried out in a separate division, who can fill out employee work books, whether a branch can have its own staffing table, etc. Contents

• 1 What is a separate structural unit?
  • 1.1 Registration of an employee in a branch/representative office
• 2 Employment: Video
• 3 Choosing a method for conducting personnel records in a separate department

What is a separate structural unit? According to Article 55 of the Civil Code of the Russian Federation, a separate division is a representative office of a legal entity located outside the latter’s permanent location, representing its interests and ensuring their protection.

How to apply for a job in a separate department?

A separate division of an organization is any division territorially isolated from it, at the location of which stationary workplaces are equipped for a period of more than one month. Thus, the first criterion is territorial isolation. You will learn everything about how to apply for a job if you read the material at the link.
In what cases can we talk about the territorial isolation of a unit? For example, as follows from the Resolution of the Federal Antimonopoly Service NWZ dated November 2, 2007 N A26-11293/2005, territorial isolation means the location of a structural unit of an organization geographically separate from the parent organization and outside the administrative-territorial unit of its registration, controlled by one or another tax authority.

How is recruitment carried out in a separate department?

I. Elanina Sections: Employment contract with the head of the organization; Employment contract The requirements that any employment contract must comply with are established by Article 57 of the Labor Code (LC). These requirements are mandatory for all employment contracts and are not related to any specific categories of employees or employers. However, the presence of such clear requirements for the content of an employment contract is not enough to prepare a contract that meets the requirements of legal technology, as well as taking into account the legal status of a particular category of employees.
In this situation, it is permissible to use standard forms of employment contracts proposed by executive authorities, but taking into account that they are advisory in nature. The approximate form of an employment agreement (contract) was approved by Resolution of the Ministry of Labor of Russia dated July 14, 1993 No. 135.

Employment contract with an employee of a separate unit

Situation: How to organize personnel document flow in an organization with separate divisions Conducting personnel records in organizations with separate structural divisions is not regulated by regulations. This issue is within the competence of the head of the organization and should be resolved at the local level. We can distinguish three forms of organizing personnel records management in organizations that have separate divisions in their structure.

Form 1. Centralized office work. In this case, all processing of personnel documents is concentrated (centralized) in a single center - the personnel service of the parent organization. Form 2. Decentralized office work.

Sample employment contract with an employee of a separate division

In particular, if the structural unit is indicated in the employment contract, changing it while continuing to work for the same employer is called a transfer to another job, but if the structural unit is not indicated, then we are talking about relocation. The division of structural divisions occurs when the activities of a separate structural division cease. In accordance with Part 4 of Article 81 of the Labor Code, in the event of termination of the activities of a branch, representative office or other separate structural unit of an organization, the termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

On this basis, the Labor Code does not oblige the employer, in the course of complying with the procedure for such dismissal, to offer the employee another available job (vacant position) in the same organization.

Employment contract with an employee for a separate unit

Attention

We are talking not only about organizing the activities of the unit in accordance with the goals and objectives set by the legal entity, but also about the exercise of certain powers of the employer in relation to the employees of the separate unit. Secondly, a special place among the acts that determine the legal status of the head of a separate structural unit is occupied by the organization’s constituent documents and local regulations: the organization’s charter, regulations on the unit, job description, qualification characteristics for the position, as well as individual law enforcement acts, for example, orders about granting powers. In labor legislation, a separate division of an organization is called a structural division, which puts it on a par with other divisions of the organization included in its structure.

Important

In this form, personnel records management is distributed between the parent organization and separate structural associations, which have a relatively identical set of functions for personnel document flow. At the same time, the personnel service of the parent organization can draw up personnel documents for all employees of the organization, including employees of separate divisions, and in a branch or representative office only documents of employees of these divisions are stored and processed. Form 3. “Mixed” office work. This form involves both centralized registration of personnel documents in terms of personnel procedures, for example, registration of employment, termination of an employment contract, and decentralized, for example, imposition of disciplinary sanctions on employees, storage of personal files.

If employment is carried out in an EP with centralized document flow, then copies of the above documents are signed and stored at the head office. With a decentralized personnel accounting scheme - on the territory of the EP. In the second case, the OP must have copies of local regulations certified by the head of the company.

Dismissal The preparation of documents related to the dismissal of an OP employee depends on the method of personnel records. In the case of decentralized office work, the resigning employee signs the necessary documents and receives a work book directly from the OP. With centralized personnel records management, this procedure is carried out at the head office. As you know, in a situation of dismissal, it is extremely important to comply with deadlines regarding the calculation of the employee, the signing of the dismissal order and the receipt of the work book.

The organization will need to register at the location of such a unit with the tax office (Clause 1, Article 83 of the Tax Code of the Russian Federation). If an organization creates a separate division in a form other than a branch or representative office, then it must notify the tax office at its location about this within one month from the date of creation of the separate division (subclause 3, paragraph 2, article 23 of the Tax Code of the Russian Federation). To do this, you must send a message in form No. S-09-3-1, approved.

by order of the Federal Tax Service of Russia dated 06/09/2011 No. ММВ-7-6/362@. Based on this message, the tax inspectorate will register the organization at the location of its separate division within five days from the date of receipt of the information (clause 4 of article 83 and clause 2 of article 84 of the Tax Code of the Russian Federation). Representative offices and branches are not legal entities (these are also separate divisions).

In this case, a power of attorney is issued to the head of the EP, giving him the right to sign employment contracts, orders, other personnel documents, as well as make entries in the work books of employees. Hiring Hiring a new employee, regardless of whether he will work in the head office or a separate division, requires compliance with a clear procedure for working with documents. The employee must sign not only an employment contract and a hiring order, but also documents such as a personal card, an agreement on personal data, a log of familiarization with local regulations, etc. A separate task when hiring is an introductory briefing on labor protection, also requiring the employee to sign the relevant documents.

Separate divisions: features of personnel registration

Read also If there are relatively few branches and representative offices in the organization, and, consequently, the staff is small, then personnel records management is often carried out centrally. This organization of document flow provides for the following:

• all personnel documentation (directives, orders, employment contracts, acts, etc.) are certified by the head of the enterprise;
• all documentation, including work books, is stored in the main organization;
• maintaining personnel documents and transferring them to the parent company is carried out by one of the employees of a separate division.

How to apply for a job in a separate department?

But the legislator limits the application of the above dismissal procedure to employees of separate structural units located in the same area as the organization itself. In addition, the division of structural units through the sign of territorial isolation occurs in cases provided for in Articles 74, 76, 81, 83, 84, 261 of the Labor Code. These articles contain the following wording: “... the employer is obliged to offer the employee all the vacancies that he has in the given area that meet the specified requirements.

The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.” We are talking about vacancies currently available to the employer, including in its branches, representative offices, and other separate structural divisions.

How is recruitment carried out in a separate department?

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, another locality means an area outside the administrative-territorial boundaries of the corresponding locality (Moscow and Moscow Region are different localities). We have written more detailed information about hiring instructions in the material at the link. Otherwise, the hiring procedure does not differ from the general one: http://www.1kadry.ru/#/document/130/51358/?step=47.

Attention

Separate structural according to Art. 55 of the Civil Code of the Russian Federation is a general concept. A separate division is presented, as a rule, in the form of representative offices or branches. Read more about how to correctly fill out an employment order by following the link.

Employment contract with an employee of a separate unit

In accordance with the labor legislation of Russia, employers maintain work books for all persons who have worked for them for more than five days, if for the latter the place of work held in the organization of this employer is the main one. So, according to the order, an authorized employee makes an entry in the work book about employment in a separate unit. This entry can be presented as follows: the title is “Trudovik LLC”, in the first column - the serial number of the mark, in the second column - the date of employment according to the order, in the third column - “Hired to work at the Pervomaisky branch in the sales department for the position of sales agent”, in the fourth column - the date and number of the administrative document.
Next, a personal card is drawn up for the new employee according to Form No. T-2 approved by Resolution No. 1, the information included in which must be certified by the employee’s signature.

Sample employment contract with an employee of a separate division

Important

That is, a division is territorially separate from the parent organization if it is located in the territory where tax accounting and tax control is carried out by a tax authority other than the one with which the organization is registered as a taxpayer. Job creation is the second criterion for recognizing a unit as separate. At the same time, a workplace is understood as a place where an employee must be in connection with his work and which is directly or indirectly under the control of the employer (Part.

6 tbsp. 209 of the Labor Code of the Russian Federation). Therefore, when considering disputes about the presence (absence) of a separate division, arbitration courts, first of all, pay attention to this point.

Employment contract with an employee for a separate unit

Characteristic features of a separate structural unit:

• is not a legal entity;
• must be indicated in the constituent documentation of the legal entity that created it;
• endowed with the property of the legal entity that formed it;
• is registered with the tax authority at the address of its actual location.

If a separate division is a branch of a legal entity, then it performs all the functions of the latter, including the functions of representation. At the legislative level, how personnel records should be carried out in organizations with separate divisions has not been established.
What is a separate unit and who manages it? A separate unit (SD) in accordance with clause 2 of Art. 11 of the Tax Code of the Russian Federation is defined as any territorially separate division from the organization. According to this document, the basis for recognizing the status of an EP is the presence of equipped stationary (created for a period of more than one month) workplaces at its location. The content of information about the EP in the constituent documents of the company and the powers assigned to it are not important. The opening of a separate division is accompanied by the publication of a corresponding order. If necessary, an order is issued, according to which a separate unit is transferred under the leadership of a person appointed by the head of the organization. However, this measure is not mandatory if we are talking about an OP as such (and not about a branch or representative office).
However, this is a local document, its use is mandatory only in the divisions of JSC Russian Railways. Employment contract with the head of a separate division When preparing the text of an employment contract with the head of a separate structural division of an organization, regardless of its organizational and legal form, you must first of all keep in mind the following. Firstly, the position of the head of a separate structural unit is not identical to the positions of the heads of the linear divisions of the organization (heads of departments, bureaus, directorates, services, etc.). The head of a separate structural unit, as a rule, is vested with broader functions and powers.

Info

In the case of transfer of powers to manage labor relations directly to the head of the branch/representative office, it is very important to correctly draw up the relevant documentation: power of attorney, regulations on the representative office/branch, order appointing the person responsible for keeping the seal, registration and storage of work books, etc. Common to Both options include the procedure for drawing up staffing schedules, internal labor regulations and other local regulations. The staffing table is approved by the relevant order of the organization, and contains all separate divisions.

The original of this act is kept in the main office, and in each separate division there is an extract from it, certified by an authorized person. The internal labor regulations are approved by the head of the organization with the participation of a representative body of employees.

Question: The organization is registered in Moscow. What address should be indicated in the employer's details when concluding an employment contract if the employee is hired to work in a separate unit located in another city?
Answer :

The employment contract must indicate the place where the employment contract is concluded (if the employment contract is concluded at the location of the organization, then the location of the organization is indicated, if in a separate division, then the location of the separate division).As a place of work, a separate unit and its location must be recorded ( Article 57 of the Labor Code of the Russian Federation It is up to you to decide what information to include in the details. In practice, the addresses of the location of both the organization and its separate division are indicated. It should also be remembered that the employer is a legal entity, and the separate division is a structural division of the organization ( Article 55 of the Civil Code of the Russian Federation).

Extracts from regulations. December 30, 2001 N 197-FZ, LABOR CODE OF THE RUSSIAN FEDERATION, Article 57. Contents of the employment contract

The employment contract specifies:

• surname, name, patronymic of the employee and name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
• information about documents proving the identity of the employee and the employer - an individual;
• taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
• information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;
• place and date of conclusion of the employment contract. The following conditions are mandatory for inclusion in an employment contract: place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work indicating the separate structural unit and its location;

Article 55. Representative offices and branches

1. A representative office is a separate division of a legal entity, located outside its location, which represents the interests of the legal entity and protects them.

2. A branch is a separate division of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

3. Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it.

The heads of representative offices and branches are appointed by the legal entity and act on the basis of its power of attorney.

Representative offices and branches must be indicated in the constituent documents of the legal entity that created them.

Employment contract with the head of a separate division

When registering an employment relationship with the head of a branch or representative office, all requirements stipulated by current legislation must be met.

In the article we will consider the features of labor relations with the head of a separate division, and also give an example of drawing up an employment contract with the specified person.

Article 55 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) determines that a representative office is a separate division of a legal entity, located outside its location, which represents the interests of the legal entity and protects them.

A branch is a separate division of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it.

According to paragraph 3 of Article 55 of the Civil Code of the Russian Federation, heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney. Let us note that this norm is imperative and does not allow for a broad interpretation.

Keep in mind that representative offices and branches must be listed in the unified state register of legal entities.

Thus, the head of separate structural units acts on behalf of the organization (employer) on the basis of the position and power of attorney. This information must be reflected in the employment contract with the head of the branch or other separate division.

Readers' attention should be drawn to the fact that the power of attorney and employment contract must necessarily define the rights of the head of a separate division to sign personnel documents on behalf of the employer (for example, orders for hiring, dismissal, relocation, etc.). In the absence of documentary evidence of the manager’s authority to sign personnel documentation, a situation may arise when an employee who was dismissed, for example, by the head of a branch, will be reinstated due to the fact that the documents were signed by a person who does not have the right to do so.

According to paragraph 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1, 1996 “On some issues related to the application of part one of the Civil Code of the Russian Federation,” the powers of the head of the branch (representative office) must be certified by a power of attorney and cannot be based only on the instructions contained in the constituent documents of the legal entity, the regulations on the branch (representative office) and the like, or appear from the situation in which the head of the branch operates.

Thus, the main documents regulating the rights, obligations, terms of reference of the head of a branch or representative office are:

– charter of the organization;

– regulations on the branch;

– power of attorney issued by the organization.

In this case, a power of attorney issued to the head of a branch or representative office must be executed in compliance with the rules defined by the Civil Code of the Russian Federation.

It should be said that an employment contract must be concluded with the head of the branch (representative office), as with any employee of the organization, after which a hiring order is issued.

The conclusion of an employment contract with the head of a branch (representative office) is preceded by his appointment to a position, which follows from Article 16 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and paragraph 3 of Article 55 of the Civil Code of the Russian Federation.

Mandatory for inclusion in an employment contract with the head of a separate structural unit in accordance with Article 57 of the Labor Code of the Russian Federation is the place of work, and if the organization’s unit is located in another area, that is, outside the administrative-territorial boundaries of the locality where the organization itself is located, the place of work is indicated indicating this unit and its location (paragraph 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

When concluding an employment contract with the head of a branch or representative office, it may include a probationary condition, which follows from Article 70 of the Labor Code of the Russian Federation. In this case, the trial period cannot exceed six months.

Please note that when applying the provisions of Article 72.1 of the Labor Code of the Russian Federation on the transfer of a manager to another job, one should take into account whether the manager’s job functions and (or) the location of the structural unit will be changed. If the employment contract with the head of a separate division specifies only the type of division without specifying its location and full name, for example a branch, then transfer to another job can only be discussed if the employee is appointed, for example, to the position of head of a representative office, with all Other things being equal, we are talking about movement.

Keep in mind that in the employment contract it is necessary to distinguish between the labor function and the powers of the head of the department. The powers determined by the employer in local acts and (or) defined in the power of attorney issued to the head of a separate division, if they are not specified in the employment contract, are subject to change by the employer unilaterally, which does not entail the consequences established by Article 72.1 of the Labor Code of the Russian Federation. We can talk, for example, about changing the scope of powers in terms of concluding transactions for a certain amount of money and the like.

In accordance with Article 73 of the Labor Code of the Russian Federation, an employment contract with the head of a branch or representative office who, in accordance with a medical report, needs a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in accordance with paragraph 8 of part one of the article 77 Labor Code of the Russian Federation. The employer has the right, with the written consent of the said employee, not to terminate the employment contract with him, but to remove him from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employee, except for cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, and employment contracts.

According to paragraphs 9 and 10 of part 1 of Article 81 of the Labor Code of the Russian Federation, an employment contract with the head of a branch (representative office) can be terminated by the employer if he makes an unfounded decision that entails a violation of the safety of the organization’s property, its unlawful use or other damage to the organization’s property, as well as in the event of a one-time gross violation by the head of a branch (representative office) of his labor duties.

Based on Part 4 of Article 81 of the Labor Code of the Russian Federation, in the event of termination of the activities of a branch or representative office located in another locality, the termination of the employment contract with the employee - the head of this unit is carried out according to the rules provided for cases of liquidation of the organization. In other words, the employer, when terminating an employment contract with the head of a separate unit located in another area, in the event of termination of the activities of this unit, must perform all the same actions that are provided for dismissal due to the liquidation of the organization, that is:

– notify the employee-manager two months before dismissal;

– report to the employment service;

– notify the trade union body;

– issue an order to terminate the employment contract;

– make appropriate entries in the personal card of the employee-head of the structural unit and the work book;

– make all payments.

Here is a sample employment contract concluded with the head of a branch.

Example

Employment contract No. 36

Joint Stock Company "Natasha" (JSC "Natasha"), hereinafter referred to as the "Employer", represented by General Director Vladimir Anatolyevich Ivanov, acting on the basis of the Charter, on the one hand, and Alexey Petrovich Petrov, hereinafter referred to as the "Employee", who is appointed for the position of director of the branch "Branch", hereinafter referred to as the "Division", on the other hand, have concluded this employment agreement as follows:

1. Subject of the employment contract

1.1. This employment contract governs the relationship between the Employer and the Employee related to the latter’s performance of the duties of the head of the Employer’s Division, located at the address: Novosibirsk, st. Malaya 4/1.

1.2. The Employer provides the Employee with a job as a director of the Division.

1.3 Working conditions at the Employee’s workplace in terms of the degree of harmfulness and (or) danger are optimal (class 1) (based on the results of a special assessment of working conditions dated January 30, 2015).

1.4. Work for the Employer is the main one for the Employee.

1.5. This employment contract is concluded for an indefinite period.

1.7. The employee is given a probationary period of 3 months.

2. Rights and obligations of the Employee

2.1. The Employee manages the activities of the Employer's Division in the manner prescribed by the regulations on the division.

2.2. In internal organizational relations, the Employee, as the head of the Employer's Division, acts within the limits of the powers granted to him by the regulations on the division, job description (other local regulatory legal acts of the Employer), in external civil and economic relations related to the implementation of the activities of the division, the Employee acts on behalf of the Employer on based on the power of attorney issued to him.

2.3. The Employee has the right to represent the interests of the Employer in relations with employees of the Division within the framework of powers determined in accordance with the labor legislation of the Russian Federation, constituent documents and local regulations of the Employer, in particular: _______________.

2.4. The employee has the right to:

– providing him with work stipulated by this employment contract;

– ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

– timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

The employee has other rights provided for by the labor legislation of the Russian Federation and this employment contract.

2.5. The employee is obliged:

– conscientiously fulfill his labor duties assigned to him by this employment contract, comply with established labor standards;

– comply with the internal labor regulations in force at the Employer, labor protection and labor safety requirements, other local regulations of the Employer directly related to the Employee’s work activities, with which the Employee was familiarized with signature;

– maintain labor discipline;

– take care of the Employer’s property, including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property, and other employees;

– immediately inform the Employer about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property, including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property, and the property of other employees;

– during the validity period of this employment contract and after its termination for five years, not to disclose secrets protected by law (state, commercial, official and other secrets) that became known to the Employee in connection with the performance of his job duties;

– fulfill other duties provided for by the labor legislation of the Russian Federation and this employment contract.

3. Rights and obligations of the Employer

3.1. The employer has the right:

– demand from the Employee the conscientious performance of duties under this employment contract;

– adopt local acts directly related to the Employee’s work activities, including internal labor regulations, labor protection requirements and occupational safety;

– bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

– encourage the Employee for conscientious, effective work;

– unilaterally change the content of the Employee’s powers as the head of the Division without changing the labor function;

The employer has other rights provided for by the labor legislation of the Russian Federation and this employment contract.

3.2. The employer is obliged:

– provide the Employee with work stipulated by this employment contract;

– ensure the safety and working conditions of the Employee that comply with state regulatory labor protection requirements;

– provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

– pay the full amount of wages due to the employee on time;

– fulfills other duties provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and this employment contract.

4. Remuneration and social guarantees

4.1. For the performance of labor duties provided for in this employment contract, the Employee is paid a salary of 50,000 (fifty thousand) rubles.

4.2. The employee is also provided with:

– bonus in the amount of 20,000 (twenty thousand) rubles quarterly;

– remuneration based on annual work results in the amount of 50,000 (fifty thousand) rubles.

4.3. Payment of wages, bonuses, and remuneration to the Employee based on the results of annual work is carried out within the time frame and in the manner established by the collective agreement, internal labor regulations, and other local regulations of the Employer.

4.4. The Employee is subject to benefits, guarantees and compensation established by the legislation of the Russian Federation and local regulations of the Employer.

5. Working time and rest time

5.1. To perform his duties, the Employee is assigned an irregular working day.

5.2 A break for rest and food during the working day is determined by the internal labor regulations in force at the Employer.

5.3. The employee is given two days off per week.

5.4 The employee is provided with an annual basic paid leave of 28 calendar days and an additional paid leave for irregular working hours of 5 calendar days.

6. Change and termination of the employment contract

6.1. Each of the parties to this employment contract has the right to raise with the other party the question of its addition or other changes to the employment contract, which, by agreement of the parties, are formalized by an additional agreement, which is an integral part of the employment contract.

6.2. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

7. Final provisions

7.1. Labor disputes and disagreements between the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.

7.2. To the extent not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation, constituent documents, collective agreement, and local regulations of the Employer.

7.3. This employment contract is concluded in two copies having equal legal force. One copy is kept by the Employer in the Employee’s personal file, the second copy is kept by the Employee.

7.4. Addresses and details of the parties:

Employer:

JSC "Natasha" General Director Ivanov V.A.