Established an enterprise: how to notify the director of employment ?!

Established an enterprise: how to notify the director of employment ?!

Author

Vorozhbitova Krystyna

Despite the “special” status, the director is an employee of the enterprise. Therefore, it is necessary to submit a notice of employment to him in the usual manner. These regulations do not contain any exceptions in terms of filing a notice of employment of executives of the enterprise.

The fact that we have submitted information about the new head to the USR does not cancel the obligation to submit a notification. These two "actions" have completely different goals.

However, in newly created enterprises, it is difficult to comply with these legal 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 labor relations with the director begin from the date of state registration of the legal entity. The argument in this case is this: the enterprise is considered to be created from the date of its state registration. In addition, information about the head is indicated in the application for state registration of a legal entity. Accordingly, the directors are hired from the date of the entry on the state registration of the legal entity into the Unified State Register.

Following this logic, it is almost impossible to comply with the requirement to submit a notice of employment of a director prior to 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 make a decision on the appointment of a future director at it even 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 alone) of the enterprise on the appointment to the post of 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. Labor relations cannot arise before the registration of the enterprise.

After the state registration of the legal entity, the director, on the basis of the decision of the owners / founders (drawn up in the protocol), issues an order (order). It indicates the date from which he takes up his duties. Specify the date from which the employee will perform the duties of the director, taking into account the day it will take to notify the fiscal authorities about the start of work.

Important! Before giving notice, the director must refrain from signing any orders (directives) or other documents related to the performance of his labor functions.

Submit the notice in paper form. After all, electronic digital signatures have not yet been issued on this date. Moreover, it is not necessary to attach an electronic copy of the notification to the paper original, because in this case, the notification is sent to 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 to do such actions by the minutes of the meeting of founders. The director has the right to sign a notification 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 to third parties).

Well, what if the notification was not submitted? If the director has not yet signed a single document, in the order (order) that he takes up his duties, you can indicate the desired date.

Now, with regard to responsibility. In our opinion, this is a fine in the amount of one minimum wage, as for violation of other requirements of labor legislation. And if the notification is not submitted on time, and if you do not submit it at all, the penalties will be the same.