How to prepare personnel documentation for the head of an organization? The problematic nature of this issue is predetermined by the dual organizational status of the person occupying a leadership position. So, it turns out that in his enterprise he is both a manager and an employee.
At the same time, entries in the work book of the general director upon hiring and dismissal are made according to generally accepted rules (unless, of course, he preferred the electronic form of entering information about his own work activity).
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:
- “Accepted as (the position of) director.”
- "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:
- In the usual manner by a higher authority (department).
- By election through competition.
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:
- Education document.
- Employment history.
- 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:
- In the first column is the serial number of the entry, based on the number under which the previous entry was made.
- 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.
- 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.
- Two documents as legal grounds: an order and a decision or one of them.
Accounting for work records
The employer is responsible for keeping track of work books, as well as work book forms and inserts in it.
For this purpose, he must independently develop a book (journal) for recording the forms of the work book and the inserts in it, and in addition - a book for recording the movement of work books and inserts in them. The most important thing is to entrust the work to those who should do it.
For example, an employer often makes the mistake of delegating bookkeeping to the human resources department rather than the accounting department. But the HR department or the person responsible for maintaining labor records should be responsible for recording all the work books and the inserts in them in the book of accounting for the movement of work books.
Clause 40 of the Order of the Ministry of Labor specifies that both books must be numbered, laced, certified by the manager’s signature and seal. At the same time, from September 1, 2021, the requirements for wax sealing and sealing are canceled.
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:
- In simple acceptance by order.
- In a similar edition of the order to himself.
- 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:
Why does a manager need
General director is an executive person elected to a position by the board of directors or a meeting of the company's participants. He has been involved in management affairs for some time. However, it is possible to conclude an indefinite employment contract with him. Also see “Employment contract with the general director: sample 2021.”
One of the important sources containing data on the work biography is a sample director’s work book . It is filled out a little differently than for ordinary employees. It is needed to correctly calculate the length of service and determine the amount of the pension. But before answering the questions posed, briefly about the procedure for applying for a manager position.
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
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:
- The person who signed the order for his appointment.
- A personnel service employee or a person authorized to maintain work records.
- Chairman of the meeting of founders, based on the decision made.
- 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:
When to use the new work book form
Decree of the Government of the Russian Federation dated July 24, 2021 No. 1250 establishes several rules:
- The new sample work books will come into force on January 1, 2023. But such a need can arise only in two cases - if the book was lost or damaged. Those employees who are employed for the first time need to immediately create electronic work records.
- Existing old-style work books remain valid and cannot be exchanged for new ones.
- Existing forms of work books and old-style forms of inserts in them can be used without a time limit.
How the paper work book has changed since September 1, 2021
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:
- The initial column contains the serial number of the record.
- 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.
- 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).
- 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.
- 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 regulations should you follow?
The rules for the design and content of the book are regulated by several official documents.
The Labor Code lays the foundation for the mechanism for handling this certificate.
Labor Code of the Russian Federation
For example, article 66:
- establishes the very concept of a work book;
- determines the Government of the Russian Federation as an authorized executive body, which, in turn, approves the procedure for using the document, the method of producing forms and supplying them;
- requires employers, excluding individuals who do not belong to the group of individual entrepreneurs, to keep work books of their subordinates;
- regulates the nature of records;
- allows you to add information about part-time work at the discretion of the employee.
The work book is mentioned in several articles of the Code:
- 65, includes it in the package of documents necessary for concluding an agreement;
- 84.1 determines the procedure for issuance during the dismissal process;
- 62 establishes the rules for providing a duplicate;
- 165, 234, 394 allow you to count on compensation for violations committed by the employer.
To regulate practical issues of handling work books, official bodies have issued the following decrees:
- 225 of April 16, 2003 of the Government of the Russian Federation on the procedure for maintaining, storing, manufacturing and distributing;
- 69 of October 10, 2003 of the Ministry of Labor on registration rules;
- 117N dated December 22, 2003 of the Ministry of Finance of the Russian Federation on methods of providing forms.
In addition, you should definitely pay attention to the Letter of Rostrud dated September 22, 2010 No. 2894-6-1 on the basis for drawing up column 4.
You can download these documents here:
Decree of the Government of the Russian Federation of April 16, 2003 N 225
Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69
Order of the Ministry of Finance of the Russian Federation dated December 22, 2003 N 117n
Letter of Rostrud dated September 22, 2010 No. 2894-6-1
Do I need to put a stamp on my work book? Read about it in our article. Are days of compensation for unused vacation rounded up? Find out here.
