Who makes entries in the work book of the general director - examples when hiring, dismissing

What does the director’s TC look like and how does it differ from the rest?

The information entered into the director’s book is strikingly different from the records of ordinary employees. This is natural, because here the employer and the employee are the same person, and this is not a completely standard case. However, if you need to enter information into the director’s TC, act with confidence. Rest assured that the director has the legal right to serve in these roles simultaneously.

The director's book has a dual essence : it may well be no different from an ordinary book. It may legitimately contain an ordinary entry about an unremarkable appointment to the position of director. The appointment may be based on the basis of the order.

At the same time, unlike ordinary employees, the director of an enterprise is hired by the decision of the constituent body. Therefore, some experts propose to include both documents in the initial basis for the procedure being performed: the order with its output data and the decision on which the issued order is based.

There are also recommendations regarding the wording of the entry that is entered in the third column. There are two viable options to choose from:

1. “Accepted as (the position of) director.”
2. "Appointed to the position of director."

Some experts recommend choosing the more accurate second option instead of the standard formulation of the first option.

Basic rules for making an entry

In terms of the form of ownership: LLC, CJSC, etc., the director is elected by the general meeting . The presiding officer approves the protocol, which becomes a statement of the fact of the appointment. An employment contract must be drawn up according to general rules, in a generally accepted form. But instead of the employer, the party employing the director is the chairman of the meeting of founders

He also has the right to sign an order, which is based on the result of the decision of the founders, and the right to sign an order for the director to take office. As in other cases, the name of the organization in the work book must be entered in the entry. All entries are made

• carefully;
• legible handwriting;
• no mistakes;
• without blots;
• in accordance with the instructions.

The indicated procedure is applicable to the position of a director when he acts as a general director, who may not be the only co-founder. The status of the director may differ from the status of the general director, in which case the conditions for making an entry will be different.

If you are the director of an organization where there are no clerks, accountants, etc., and you were promoted to the position through independent appointment, then you have the right to make an entry in the book, as well as sign all related documents yourself.

In addition, there is a procedure for making an entry in the Labor Code for directors of secondary schools, which is carried out through the personnel department of public education.

Directors of Houses of Culture, Children's Folk Art Centers, sports schools and similar institutions are accepted by regular order through the Department of Culture, Sports and Tourism. That is, heads of municipal institutions are hired for positions:

1. In the usual manner by a higher authority (department).
2. By election through competition.

Conditions for appointing a person to the position of General Director

To appoint a specific person as CEO, several main steps are carried out:

1. Convening a general meeting where all shareholders are present).
2. Discussion of the candidacy and the time frame for which the person is elected.
3. Decision on the appointment of the general director.
4. An agreement is signed between the employer (the elected chairman) and the general director.
5. Issuance of an order stating that the general director is taking over the post.

Before holding a meeting, you must notify its participants in advance. Next, they must be registered. If a person has not passed the registration stage, then he does not have a place as a voting participant. Personal presence at the shareholder meeting is not necessary, as the participation of appointed representatives is permitted. The powers of these persons are determined by a special document (power of attorney).

An employment contract is drawn up and concluded in accordance with the law, where the requirements in this case apply to everyone (Articles 67-68 of the Labor Code of Russia). The contract must reflect the following aspects:

• place of work of the manager and places visited in connection with his official position;
• position and its name, which must be on staff;
• responsibilities of the general director;
• working conditions, if they do not coincide with the general ones.

Due to general rules, no more than three days are allotted for reviewing this document.

After completing these important procedures, you need to inform the tax authority about the appointment of a person as general director and record the information in the Unified State Register of Legal Entities.

Conditions for appointing a person to the position of director

To appoint a person as a director, you also need to:

1. Organize a meeting of directors (council).
2. Discuss candidates nominated for the post of director.
3. Take a vote.
4. Record all results.
5. Make a decision on the appointment of a director.
6. Draw up an employment contract with a manager (Article 16 of the Labor Code of Russia).
7. Sign the agreement on both sides.

If the enterprise is a unitary state and municipal enterprise, then concluding an agreement is the right of the owner of the enterprise.

Election and appointment to a leadership role in a company can also be carried out in favor of a person who was not a member of the management body. A person who has served as a director for a period of time should not be automatically appointed to that leadership position. His candidacy can also be considered at the meeting, and only after an overwhelming majority of votes in his favor can he be appointed director.

According to the Labor Code of Russia, when an employment contract is drawn up, the terms of the probationary period are discussed at the same time. This is done to ensure the person's suitability for the position. Here, an agreement between the parties is required (Part 1, Article 70 of the Labor Code of Russia). Despite this, an employee can be hired without a temporary test if there is no doubt about his competence. The same conditions apply for the appointment of a person to a management position.

Calendar numbers that may be associated with the appointment of a person to a leadership position often do not coincide (election, conclusion of an agreement, assumption of duties).

Step-by-step instruction

When hiring a manager for a position by the personnel service of municipal self-education, he is required to provide documents confirming his qualifications and necessary for employment:

1. Education document.
2. Employment history.
3. Application for a job.

The application is written to the head of the department (division). After its approval, an order of appointment is prepared and the wording of the entry is entered.

If the position is elective in a municipal institution, LLC, CJSC, etc., a decision of the constituent meeting is necessary. Based on it, an order is created, and based on the order, a record is made. It is most advisable, according to experts, to indicate in the fourth column the document on the basis of which the appointment order and the order itself were issued, in a form typical for all information.

When filling out the work record, you must first enter in the third column, where information about the work is reflected, the name of the organization that makes an entry in the work book of the general director about hiring or enter your organization, unless otherwise provided. In this case it is not allowed:

• put a serial number;
• indicate the date.

Next, enter sequentially:

1. In the first column is the serial number of the entry, based on the number under which the previous entry was made.
2. In the second column is the date of hiring of the director. Do not confuse this with the date the information was entered or the date the order was issued.
3. In the third column is the entry itself, which reflects information about the boss’s hiring: whether he was accepted, elected, appointed, etc. to his position.
4. Two documents as legal grounds: an order and a decision or one of them.

The nuances of hiring a director

The employee only needs to submit an application for employment; at this stage, the specific features lie only in personal and social qualities. Based on the results of the interview and after the approval and selection of his candidacy, he may be accepted.

But for this, the fact of dismissal must be recorded in the applicant’s labor code with an appropriate entry. Without it, recruitment to a position cannot take place. The next stage will depend on who the director’s employer is:

• municipality;
• himself;
• co-founders.

In addition, it will be important whether the position is elected or whether the person is appointed by order of higher-level management. Depending on these factors, the algorithm for further actions should work, which may include:

1. In simple acceptance by order.
2. In a similar edition of the order to himself.
3. In the resolution of the co-founders.

After establishing the basis, an order for employment is issued and an entry is made into the labor record. Keep in mind that after the hiring order for large enterprises where the director is elected by decision or vote, it is necessary to issue a second order - on his assumption of office.

The second order is not reflected in the labor document, but serves the purpose of internal organization of activities.

Upon subsequent receipt of another education, the education is entered into the work book.

How to make an entry in the work book for the general director - a sample of hiring based on the protocol:

An entry in the work book about the appointment of the general director is a sample of acceptance based on two protocols:

In case of transfer to the position of director

Considering the specifics of the appointment and dismissal of the general director, such a decision can only be made by the founder or the board of founders. It must be recorded in the protocol and the number of this document is entered in paragraph 5 of the work book.

In most cases, the dismissal of the previous general director and the transfer of another employee to his position is formalized by a general protocol.

The transfer of a new managerial employee itself can be formalized by a special “Order on his appointment to a new position based on the decision of the founder.”

An alternative option may be to formalize the transfer through dismissal and signing a new Employment Agreement.

Hiring by translation

In the case when hiring is carried out by translation, the following documents must be additionally attached to the listed documents:

• statement;
• order.

These documents are provided as confirmation of the permission of the translation by the organizations. That is, the director gets a job before leaving his previous one. When submitting an application for employment , he waits for it to be confirmed by a superior in the hierarchy and the order is issued.

With the received order, he turns to the previous employer. Based on this order, he is dismissed in the order of transfer, and in the desired place he is accepted in the same way - in the order of transfer. However, if the admission is subject to a decision being made by the meeting or in the case of an elective position, this process cannot be canceled.

It must be carried out under the conditions of the director’s transfer at a convenient time for this, but no later than the execution of the employment order.

After making a record of dismissal by transfer, you do not have the right to accept the provided labor for production if the transfer indicated in the document concerned not yours, but some other organization.

Only a transfer made on the basis of your document (order, agreement, approved application) that you provided for the dismissal of the director to his previous place of work has legal force.

If a transfer to the position of director is carried out within one organization as a result of a promotion, the entry is made in the usual way, without reference in the wording about the transfer to another position.

For example, “elected (appointed) director”, indicating:

• serial number of the record;
• dates;
• appointment order.

In this case, it is also possible to indicate in the last column two documents (if there is a second one) with which the appointment was made. The same algorithm applies when making an entry in the work book when applying for a job with a probationary period. In hiring - a sample based on the order: 0

Dismissal of the CEO by decision of the founder

The founder, that is, the owner of the company, when hiring a boss, expects a responsible attitude towards official duties, as well as compliance with the requirements of the signed contract. An employment contract is signed between these parties, and the director begins to perform the duties entrusted to him. But in practice, it happens that a manager commits gross violations, which casts doubt on his competence, loses authority in the team, as well as the trust of the founder. To protect the interests of the owners of organizations, legal grounds are provided for the removal of a director by the founder. These include:

• allowing material damage;
• gross violation of the terms of the contract;
• committing intentional actions that caused harm to the health of workers;
• disclosure of secrets;
• part-time job

Depending on the reasons for dismissal, the amount of severance pay will be determined. If the termination of the contract is associated with deliberate violations of labor discipline, then the boss will not be able to claim payments.

Entering information about dismissal

Dismissal is a fairly important process for making employment records, since on the basis of reliably entered information, recruitment to a subsequent position in the new organization will be carried out.

In case of an erroneous entry, the work book may be declared invalid until the error is corrected. During this time, the director may lose the position he is interested in, and you may become a defendant in litigation.

Particularly serious problems can arise if the employer refuses to hire you after dismissal by transfer. Then the entry is invalid. Therefore, do not make such entries without good reason.

In order for you to issue an order for dismissal by transfer, the director must provide you with confirmation from the new place of work that he is actually hired there.

It could be:

• copy of the order;
• certified statement;
• notice of employment.

Based on this document and the resignation letter submitted to you, you must make an order, and put both reasons in your personal file and keep it for yourself after dismissal.
In case of unforeseen circumstances, you will be fully insured and relieve yourself of responsibility for what happened. If you did everything properly, but an unpleasant incident still occurred, you will have no choice but to correct the record. A person who was not accepted for the position he planned can write you an application to correct the entry in which the reason for dismissal is the initiative of the director.

You will have to issue an order that the entry made under the corresponding number should be considered invalid, and enter new information about dismissal at your own request or on the initiative of the employee, with reference to clause 3 of Article 77 of the Labor Code of the Russian Federation.

If a director resigns at his own request, he should not have any problems, regardless of the form of ownership of the enterprise from which he is resigning. The labor legislation of the Russian Federation indicates the need for unhindered termination of contracts in this case.

The only condition is to submit an application two weeks before the dismissal date. If there is a need to consider this issue at a meeting of founders, the meeting must meet within the designated two-week period.

Who signs the work book upon dismissal of the general director:

1. The person who signed the order for his appointment.
2. A personnel service employee or a person authorized to maintain work records.
3. Chairman of the meeting of founders, based on the decision made.
4. If there is no need for a meeting, he does it himself.

The choice of the most adequate of the listed options depends on the procedure established at the enterprise (organization) and the availability of specialists responsible for personnel records management.

Sample entry in the work book about the dismissal of the general director:

Dismissal of a director entry in the work book - sample:

At the same time

Entering information into a book when working part-time is another controversial point. Here the Labor Code comes to the rescue, namely Article 66 , which states that it is not necessary to make a note regarding part-time work on the employment form. This can be done if the employee himself wishes.

Features of making entries in the director’s TC

Making an entry in the work book about the hiring of a director and his dismissal should be harmoniously adjusted and based on the general rules for entering information into the Labor Code, which include:

1. The initial column contains the serial number of the record.
2. The second is the date. The date and month are entered in two digits; if necessary, a 0 is inserted at the beginning of the number.
3. The third column contains the main entry about the appointment or dismissal of the director. It is necessary to comply with the clear, concise wording of the entry proposed by the Instructions (clause 3.1).
4. The fourth column contains the name of the document, which can be an “order” or a “decision of the meeting of founders”, and, at discretion, both documents and its outgoing data: number and date of issue.
5. Sign the authorized person, indicating the name and position.

At the same time, regardless of who signed the entry in the book, the resigning director puts his signature upon receipt of the technical documentation.

The founding director, who fully manages the organization, has the right to appoint himself to the position . If he does not have personnel workers and a clerk, he can himself enter into his work record both the assumption of a position and the dismissal. In case of dismissal, he is obliged to sign under his signature as an authorized person as a resigned person.

If co-founders are present, his issue can be handled similarly to the structure proposed for the CEO.

The director of an LLC is always an elected position. The candidacy of the general director is considered by the meeting of co-founders, approved by them and made a decision by act. Based on the decision made, an entry is made in the work book and an employment contract is concluded.

The chairman of the meeting makes an entry in the TC. It is advisable to do the same in the event of the dismissal of the general director or after his re-election.

At the same time, it is important to reflect in the dismissal order that the director resigns at his own request. The legal basis for dismissal upon expiration of the term or in accordance with the decision of the general meeting should be clause 2 of Article 77 of the Labor Code of the Russian Federation. Then the entry made by the chairman will have legal force. Moreover, a well-formatted entry will help in the future to calculate the length of service according to the work book. How to do this - read here

What the law says

Labor legislation does not specify specific requirements regarding the procedure for filling out work books for hired managers of organizations. The appointment of the general director to the position is carried out on the basis of a legal act (decision of the founders, decision of the meeting of participants, etc.) or an order for personnel. Opinions differ regarding the indication in the employment order document regarding the manager, because Clause 3.1 of the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69) speaks of the possibility of indicating an order or other decision of the employer on admission. Some experts believe that the labor document must indicate either an order or a decision of the constituent body on appointment to a position. Others believe that both documents should be included.

Despite the leadership position, the director of the organization is the same employee as everyone else. Labor relations with him are formalized in a general manner, and entries in the work book are made on a basis common to all employees. When filling out the document, you should be guided by Appendix No. 1 to Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 and Resolution of the Government of the Russian Federation dated April 16, 2003 No. 225.