ESTABLISHED AN ENTERPRISE: HOW TO NOTIFY ABOUT THE ADMISSION TO THE DIRECTOR ?!

 Despite the “special” status, the director is an employee of the enterprise. Therefore, it is necessary to file a notice of employment with him in the usual manner. The specified normative legal acts do not contain any exceptions regarding the submission of a notice on the hiring of senior executives of the enterprise.

 The fact that we submitted information about the new leader to the USR does not cancel the obligation to file a notice. These two “actions” have completely different goals.
 However, in newly established enterprises, difficulties arise in meeting these legislative requirements.
 There are those who believe that labor relations with the director can begin even before the state registration of the enterprise. There are also those who believe that the employment relationship with the director begins on the date of state registration of the legal entity. The argument in this case is this: the enterprise is considered created from the day of its state registration. In addition, information about the leader is indicated in the application for state registration of the legal entity. Accordingly, the directors are hired from the date of entry in the Unified State Register of records on state registration of legal entities.
 If you follow this logic, it is practically impossible to fulfill the requirement of filing a notice of a director’s hiring before his actual admission to work.
 Although, of course, you can try to do this on the day of state registration of the enterprise.
 Of course, it is possible to hold a meeting of founders / owners and decide on the appointment of a future director before the state registration of the enterprise. However, it is possible to conclude an employment contract with the director only after the company is officially registered. After all, a legal entity is considered created only from the date of state registration. The minutes of the meeting of the founders (the decision of the owner - if he is one) of the enterprise on the appointment of the director, in fact, is only a resolution on the application for employment. And registration documents only identify who will occupy this position after the registration of the enterprise. Prior to the registration of an enterprise, labor relations cannot arise.
 After state registration of a legal entity, the director, on the basis of a decision of the owners / founders (drawn up by the protocol) issues an order (order). It indicates the date from which he begins to perform his duties. Indicate the date from which the employee will perform the duties of the director taking into account the day that will be needed to notify the fiscals of the beginning of work.
 Important! Prior to filing a notice, the director must refrain from signing any orders (orders) or other documents related to the performance of his labor functions.
 Submit a notification in paper form. Indeed, electronic digital signatures for this date have not yet been issued. Moreover, an electronic copy of the notification is not necessary to be attached to the paper original, because in this case the notification is submitted for one employee. It is better not to send a notification by mail.
 It can be signed by a person determined by the internal or constituent documents of the enterprise, for example, one of the founders authorized for such actions by the protocol of the meeting of the founders. The director has the right to sign a notice on himself only when he is authorized for such actions by the founders (there is a duly executed power of attorney to represent the interests of the founders before third parties).
  Well, what if the notice is not filed? If the director has not yet signed a single document, the order (order) that he will begin to perform his duties, you can specify the desired date.
 Now, regarding liability. In our opinion, this is a fine in the amount of one minimum wage, as for violation of other requirements of labor legislation. And in case of untimely submission of the notification, and if you do not file it at all, the penalties will be the same.