CONCLUSION OF AN EMPLOYMENT CONTRACT WITH THE HEAD OF THE ORGANIZATION
https://doi.org/10.24412/2225-8264-2024-2-774
Abstract
The article considers the issue of concluding an employment contract with the head of the organization. The purpose of the work is to analyze the current legislation on the issue of concluding an employment contract with the director of the company. The methods used include analysis, induction, and deduction.
The relevance of the research topic is due to the specifics of the regulation of the work of the head of the organization at the present time. And of course, we can say that the means and methods of legal regulation of the work of the president of the organization have become more effective, more advanced than those that existed before. And, of course, the merit of the legislator is the appearance in the Labor Code of the Russian Federation of Chapter 43 "Peculiarities of regulating the work of the head of the organization."
The author of the article came to the conclusion that the current legislation needs to be changed. At the end, the author of the article offers specific formulations of proposals for amending the current Labor Code of the Russian Federation, namely: to prescribe that it is not required to conclude an employment contract with the sole director of the company, who is the only participant (founder), member of the organization, owner of its property, since in fact it is a fiction and is concluded by the director himself the same person, i.e. the same person acts on the part of the employee and the employer, in connection with which the author proposes to limit himself to an order on the assignment of a duty to perform a certain labor function.
About the Author
Ju. O. ShishkinaRussian Federation
Julia O. Shishkina, Senior lecturer; lawyer of the Legal Support Center LLC
References
1. Golovina S. Yu. Application of civil legislation to labor relations // Law and Economics: Formation of the Fundamentals of Legislation: Materials of the All-Russian Scientific and Practical Conference (April 22-25, 1995). Ekaterinburg, 1995. pp. 164-166.
2. Novak D.V. Features of legal regulation of labor of executive managers of a joint-stock company // Current problems of legal science and practice. Kemerovo, 1999. pp. 347-351.
3. Sviridova N. Problems of industry affiliation of an agreement with the head of a legal entity. Xozyajstvo i pravo = Economy and Law. 2010; 4: 63-69. (In Russ.).
4. Avtaeva O. Yu. Agreement with the head of a commercial organization. Pravo i e`konomika = Law and Economics. 1999; 8: 64-66. (In Russ.).
5. Goryachev A. S. Industry affiliation of relations with the head of the organization. Pravovedenie = Jurisprudence. 2005; 1: 110-123. (In Russ.).
6. Korshunova T. Yu. Legal regulation of the work of the head of an organization: unity and differentiation. Zhurnal rossijskogo prava = Journal of Russian Law. 1998; 6: 33-44. (In Russ.).
7. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ // Collection of legislation of the Russian Federation. 2002; 1 (part I). Art. 3.
8. Golovina S. Yu. Blind spots of labor law. Rossijskij ezhegodnik trudovogo prava = Russian Yearbook of Labor Law. 2006; 2: 144-157. (In Russ.).
9. Akopov D. R. Scope of labor legislation according to the Labor Code of the Russian Federation. Xozyajstvo i pravo = Economy and Law. 2003; 7: 126-131. (In Russ.).
10. Commentary on the Labor Code of the Russian Federation. 8th ed., revised, supplemented. and processed / ed. Yu: Orlovsky, L. A. Chikanova, A. F. Nurtdinova and others. M.: Contract, 2019. 1253 p.
11. Kirsanov R.V. Head of the organization, sole owner of the property, employee or not? Kadrovik. Trudovoe pravo dlya kadrovika = Personnel officer. Labor law for personnel officers. 2010; 11. (In Russ.).
12. Zhuravleva I.V. Revolution in the legal status of the head of an organization - its sole owner. Kadrovy`e resheniya = Personnel decisions. 2010; 8. URL: http://www.profiz.ru/kr/8_2010/revoliucija. (In Russ.).
13. Kurevina L.V. Features of labor regulation of the head of an organization. Otdel kadrov kommercheskoj organizacii = Personnel department of a commercial organization. 2009; 9. URL: http://www.hr-portal.ru/article/osobennosti-regulirovaniya-truda-rukovoditelya-organizacii. (In Russ.).
14. Malkova E. N. Features of labor relations with the head of the organization. Kadrovy`e resheniya = Personnel decisions. 2012; 3. URL: http://www.profiz.ru/kr/3_2012/direktor. (In Russ.).
15. Federal Law of July 29, 2004 No. 98-FZ “On Trade Secrets” // Collection of Legislation of the Russian Federation. 2004; 32. Art. 3283.
16. Mazurina I. M. Registration of labor relations with the general director. Kadrovaya sluzhba i upravlenie personalom predpriyatiya = Personnel service and personnel management of the enterprise. 2006; 1. URL: http://www.lawmix.ru/bux/92767. (In Russ.).
Review
For citations:
Shishkina J.O. CONCLUSION OF AN EMPLOYMENT CONTRACT WITH THE HEAD OF THE ORGANIZATION. Herald of Siberian Institute of Business and Information Technologies. 2024;13(2):156-159. (In Russ.) https://doi.org/10.24412/2225-8264-2024-2-774