In some cases, employment contracts do not specify the basis on which the person signing the document has the necessary authority. However, according to Part 1 of Article 57 of the Labor Code, the contract must include information about the employer's representative who signed the contract and the reasons why he or she has the right to do so.
Empowerment of the CEO
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Signing an agreement with the head of the company is a special case, since it is carried out by the person specified in the Charter of the organization. Clause 1 of Article 40 of the Federal Law of February 8, 1998 No. 14-Federal Law "On Limited Liability Companies" states that the signature may be put by:
the chairman of the general belgium email list meeting of the company's participants at which the general director was elected;
a member of the company by decision of the meeting (the authorized person is indicated in the minutes of the meeting);
Chairman of the Board of Directors (Supervisory Board) of the company;
a person authorized by a decision of the board of directors (supervisory board) of the company.
In accordance with paragraph 3 of Article 69 of the Federal Law of December 26, 1995 No. 208-Federal Law "On Joint-Stock Companies" (hereinafter referred to as the JSC Law), the chairman of the board of directors or a person authorized by the supervisory board signs the agreement on behalf of the organization.
Remuneration
If the CEO's salary is more than 25% of the value of the property (for limited liability companies) or the value of the assets (for closed joint-stock companies and an open joint-stock company), the agreement must be approved by the general meeting of participants or the board of directors.
These requirements follow from the provisions of Article 46 of the Law on Limited Liability Companies, Article 78 of the Law on Joint Stock Companies, and also from paragraph 10 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 16, 2014, No. 28. It is important to understand that such an agreement is considered a major transaction, which is prohibited to be concluded alone.
Working conditions
Sometimes employment contracts do not specify the working conditions of the CEO at the workplace, despite the fact that this requirement was established back in 2014. All the necessary information can be obtained from the workplace certification card or the special assessment card of working conditions. If these procedures have not yet been carried out, then the contract should indicate that data on working conditions will be included after the assessment.