An employment contract for registering an employee for a separate subdivision. Separate subdivision of a legal entity

For an answer to this question To begin with, it is necessary to clarify what exactly is meant by translation in separate subdivision. Recording in work book will need to be done if the place of work has changed during the transfer.

Transfer to a separate division

A separate division is not an employer. Only the parent organization can act as such, since it is a legal entity.

The employer needs to include a clause on the place of work in the contract, and if an employee is hired for a position in a separate unit located in another locality, this unit and its location should be reflected in the contract ().

According to article 66 of the Labor Code of the Russian Federation, the work book, among other things, reflects information about transfers.

In this case, the labor function of the employee does not change, only the corresponding unit changes. Therefore, admission to a separate subdivision will entail an entry in the work book either when the employee is transferred to another locality, or if the relevant structural unit from which the employee is transferred was originally specified in the contract.

Example: "Transferred to the confectionery shop as a cook in a separate division ...".

Admission to a separate division

Based on the status of a separate division (not a legal entity), the employee is hired by the parent organization.

If the subdivision is located in another locality, then on the basis of Article 57 of the Labor Code of the Russian Federation, the relevant contract must indicate that the place of work is a separate subdivision, indicating its location.

Article 57 of the Labor Code of the Russian Federation allows you to include additional conditions in the contract. Such conditions should not contradict the law regarding the infringement of the rights of the employee. As one of these conditions, the specification of the place of work is indicated, indicating structural unit and its location. Hence, labor contract may specify a separate unit (sample in the appendix) as an essential condition when it is located in the same locality as the parent organization.

If work in a separate unit is an essential condition of the contract, then the corresponding clause should be included in it.

According to paragraph 3.1 of the Instructions for filling out work books dated October 10, 2003, the work book reflects a record of employment in a division of the organization (if essential condition on work in the unit is included in the contract).

The labor legislation does not contain any other features for admission to a separate subdivision. Consequently, all the necessary "attributes" of employment apply to such workers, incl.

Organizations that include separate divisions quite often make mistakes in the preparation of staff documentation. Therefore, we will devote this article to an analysis of how employment in a separate division can be carried out. , who can fill out work books of employees, can a branch have its own staffing, and etc.

According to Article 55 of the Civil Code of the Russian Federation, a separate subdivision is a representative office legal entity located outside the permanent location of the latter, representing its interests and ensuring their protection.

Characteristic features of a separate structural unit:

  • is not a legal entity;
  • must be indicated in the constituent documentation of the legal entity that created it;
  • endowed with the property of the legal entity that formed it;
  • is registered with the tax authority at the address of the actual location.
  • If a separate subdivision is a branch of a legal entity, then it performs all the functions of the latter, including the functions of a representative office.

    At the legislative level, how personnel accounting in organizations with separate divisions should be carried out has not been established. Therefore, the right to choose, whose duties will include the hiring and dismissal of personnel of a separate unit, who will have to issue orders regarding labor activity, where work books are stored and who fills out work books, etc., is provided to the employer.

    If there are relatively few branches and representative offices in the organization, and, consequently, the staff is small, then personnel records management is often carried out centrally. Such organization of document circulation provides for the following:

    • all personnel documentation (orders, orders, employment contracts, acts, etc.) are certified by the head of the enterprise;
    • all documentation, including work books, is stored in the main organization;
    • maintenance of personnel documents and their transfer to the parent company is carried out by one of the employees of a separate division.

    Registration of an employee in a branch / representative office

    Employment in separate structural divisions is carried out by concluding with the applicant labor contract, which, on the part of the employer, is signed by the head of this unit.

    It should be noted that in this case, it is not the branch / representative office that acts as the employer, but the organization itself represented by the head of the institution. The preamble of the cooperation contract should indicate: “The company with limited liability"Trudovik" represented by the director of the Pervomaisky branch of LLC "Contact" Astapov Ostap Ostapovich, acting under power of attorney No. 111111 dated 10/10/14, hereinafter referred to as the "Employer".

    According to Article 57 of the Labor Code of the Russian Federation, in case of employment in a separate structural unit, the contract must indicate that the proposed place of work will be provided in the specified representative office / branch, as well as the location of the latter.

    The details of the contract must contain the details of the parent organization, that is, for the above example, Trudovik LLC.

    Before signing a cooperation contract, an employee in without fail must be familiarized with:

  1. collective agreement(if available);
  2. internal regulations;
  3. others regulations local type, which directly relate to labor activity in the position being replaced.

After the conclusion of the cooperation agreement, the head of the branch / representative office issues an order in the form No. T-1 on hiring the employee. This order must be submitted for familiarization against signature to a new employee within a three-day period from the moment he begins to perform established by the contract official duties.

In accordance with labor law In Russia, employers maintain work books for all persons who have worked for them for more than five days, if for the latter the place of work occupied in the organization of this employer is the main one.

So, according to the order, an authorized employee makes an entry in the work book about hiring in a separate unit. This record can be represented as follows: heading - “LLC Trudovik”, in the first column - the serial number of the mark, in the second column - the date of employment according to the order, in the third column - “Employed in the Pervomaisky branch in the sales department for the position" , in the fourth column - the date and number of the administrative document.

Employment: Video

The choice of the method of conducting personnel records management in a separate division

Analyzing the above, it can be noted that how personnel accounting will be carried out in a separate structural unit depends on the chosen method of personnel document management - centrally or locally. Both options have both pluses and minuses, so the choice here depends entirely on the preferences of the employer.

With centralized control labor relations it is necessary to think over in detail and document the procedure and deadlines for the redirection of personnel documentation, taking into account the deadlines determined by labor legislation. In the case of the transfer of powers to manage labor relations directly to the head of the branch / representative office, it is very important to correctly draw up the relevant documentation: a power of attorney, regulations on the representative office / branch, an order to appoint a person responsible for storing the seal, processing and storing work books, etc.

Common to both options is the procedure for compiling the staffing table, internal rules work schedule and other local regulations. The staffing table is approved by the relevant order on the organization, and contains all separate divisions. The original of this act is kept at the main office, and in each separate subdivision there is an extract from it, certified by an authorized person.

The internal labor schedule is approved by the head of the organization with the participation of the representative body of employees. The original of these Rules is located at the head office, and for subdivisions (branches, representative offices) copies are made, which the authorized person certifies with a seal and signature.

Question The organization is registered in the Moscow region, and a separate subdivision is being opened in Moscow. It is planned to employ several employees in this separate division. how to properly recruit employees and what you should pay special attention to. I would be very grateful for the detailed algorithm (step by step procedure). Thank you. Answer Answer to the question: The employment contract with the employee must indicate the place of work. In the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, you must indicate the place of work, indicating the separate structural unit and its location. Read more about recruiting 2016 here. According to par.

Separate divisions: features of personnel registration

Therefore, we will devote this article to an analysis of how employment can be carried out in a separate division, who can fill out work books for employees, whether a branch can have its own staffing table, etc. Contents

  • 1 What is a separate structural unit?
    • 1.1 Registration of an employee in a branch / representative office
  • 2 Employment: Video
  • 3 The choice of the method of conducting personnel records management in a separate division

What is a separate structural unit? According to Article 55 of the Civil Code of the Russian Federation, a separate subdivision is a representative office of a legal entity located outside the place of the permanent location of the latter, representing its interests and ensuring their protection.

How to apply for a job in a separate division?

A separate subdivision of an organization is any subdivision that is territorially separated from it, at the location of which stationary workplaces are equipped for a period of more than one month. Thus, the first criterion is territorial isolation. You will learn everything about how to apply for a job if you read the material at the link.
In what cases can we talk about the territorial isolation of the unit? For example, as follows from the Decree of the FAS SZO dated 02.11.2007 N A26-11293 / 2005, territorial isolation means the location of a structural unit of an organization geographically separate from the parent organization and outside the administrative-territorial unit of its registration, controlled by one or another tax authority.

How is recruitment in a separate division carried out?

I. Elanina Sections: Employment contract with the head of the organization; Employment contract The requirements that any employment contract must comply with are established by Article 57 Labor Code(TK). These requirements are mandatory for all employment contracts and are not associated with any specific categories of employees or employers. However, the presence of such clear requirements for the content of the employment contract is not enough to prepare a contract that meets the requirements legal technique, as well as taking into account legal status certain categories of workers.
In this situation, you can use standard forms employment contracts proposed by the authorities executive power, but taking into account that they are advisory in nature. The approximate form of an employment agreement (contract) was approved by the Decree of the Ministry of Labor of Russia dated July 14, 1993 No. 135.

Employment contract with an employee of a separate division

Situation: How to organize personnel workflow in an organization with separate subdivisions Maintaining personnel records management in organizations with separate structural subdivisions is not regulated by regulations. This issue is within the competence of the head of the organization and should be resolved at the local level. There are three forms of organization of personnel records management in organizations that have separate divisions in their structure.


Form 1. Centralized office work. In this case, all processing of personnel documents is concentrated (centralized) in a single center - the personnel service of the parent organization. Form 2. Decentralized office work.

Sample employment contract with an employee of a separate subdivision

In particular, if the structural unit is indicated in the employment contract, changing it while continuing to work with the same employer is called a transfer to another job, but if the structural unit is not indicated, then we are talking about moving. The separation of structural units takes place when the activities of a separate structural unit are terminated. In accordance with Part 4 of Article 81 of the Labor Code, in the event of termination of the activities of a branch, representative office or other separate structural unit of the organization, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization.


On this basis, the Labor Code does not oblige the employer, in the course of observing the procedure for such dismissal, to offer the employee another available job ( vacant position) in the same organization.

Employment contract with an employee for a separate subdivision

Attention

It is not only about organizing the activities of the unit in accordance with the goals and objectives set by the legal entity, but also about the implementation of certain powers of the employer in relation to employees of a separate unit. Secondly, a special place among the acts that determine the legal status of the head of a separate structural unit is occupied by the constituent documents of the organization and local regulations: the charter of the organization, the regulation on the unit, job description, qualification characteristics by position, as well as individual enforcement acts, for example, orders for empowerment. In labor legislation, a separate subdivision of an organization is called a structural subdivision, which puts it on a par with other subdivisions of the organization that are part of its structure.

Important

With this form, personnel records management is distributed between the parent organization and separate structural associations, which have a relatively identical set of functions for personnel workflow. Wherein personnel service the parent organization can draw up personnel documents for all employees of the organization, including employees of separate divisions, and in a branch or representative office, documents are stored and executed only for employees of these divisions. Form 3. "Mixed" office work. This form involves both centralized execution of personnel documents in terms of personnel procedures, for example, registration of hiring, termination of an employment contract, and decentralized, for example, imposing disciplinary action on employees, storage of personal files.

If employment is carried out in an EP with a centralized workflow, then the copies above specified documents signed and kept at the head office. With a decentralized scheme personnel records- in the territory of the OP. In the second case, the EP must have copies of local regulations certified by the head of the company.


Dismissal Registration of documents related to the dismissal of an employee of the EP occurs depending on the method of personnel records. In the case of decentralized office work, the departing employee signs Required documents and receives a work book directly in the OP. With centralized personnel records management, this procedure is carried out at the head office. As you know, in a situation of dismissal, it is extremely important to meet the deadlines for calculating the employee, signing the dismissal order and receiving the work book.

The organization will need to register at the location of such a unit with the tax office (clause 1, article 83 of the Tax Code of the Russian Federation). If an organization creates a separate subdivision in a different form than a branch or representative office, then it must notify the tax office at its location about this within one month from the date of the creation of a separate subdivision (subclause 3, clause 2, article 23 of the Tax Code of the Russian Federation). To do this, you must send a message in the form No. C-09-3-1, approved.

by order of the Federal Tax Service of Russia dated 09.06.2011 No. ММВ-7-6/ [email protected] Based on this post tax office register the organization at the location of its separate subdivision within five days from the date of receipt of the information (clause 4, article 83 and clause 2, article 84 of the Tax Code of the Russian Federation). Representative offices and branches are not legal entities (these are also separate divisions).

Employment contract with the head of a separate division

When registering an employment relationship with the head of a branch, representative office, all requirements stipulated by current legislation should be met.

In the article, we will consider the features of labor relations with the head of a separate subdivision, and also give an example of an employment contract with the specified person.

Article 55 Civil Code Russian Federation(hereinafter - the Civil Code of the Russian Federation) it is determined that a representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of a legal entity and protects them.

A branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it.

According to paragraph 3 of Article 55 of the Civil Code of the Russian Federation, the heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney. Note that this rule is imperative and does not allow for broad interpretation.

Keep in mind that representative offices and branches must be listed in a single state register legal entities.

Thus, the head of separate structural divisions acts on behalf of the organization (employer) on the basis of the position and power of attorney. This information must be reflected in the employment contract with the head of the branch or other separate subdivision.

The attention of readers should be drawn to the fact that the power of attorney and the employment contract must necessarily define the rights of the head of a separate subdivision to sign personnel documents on behalf of the employer (for example, orders for hiring, dismissal, relocation, etc.). In case of absence documentary evidence the authority of the head to sign personnel documentation, a situation may arise when an employee dismissed, for example, by the head of a branch, will be reinstated due to the fact that the documents were signed by a person who does not have the right to do so.

According to paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated July 1, 1996 "On Certain Issues Related to the Application of Part One of the Civil Code of the Russian Federation", the powers of the head of the branch (representative office) must be certified by a power of attorney and cannot rely solely on the guidelines contained in founding documents legal entity, regulations on the branch (representative office) and the like, or appear from the situation in which the head of the branch operates.

Thus, the main documents regulating the rights, duties, terms of reference of the head of the branch, representative office are:

- articles of association;

– position on the branch;

- power of attorney issued by the organization.

In this case, a power of attorney issued to the head of a branch or representative office must be executed in compliance with the rules determined by the Civil Code of the Russian Federation.

It should be said that with the head of the branch (representative office), as with any employee of the organization, an employment contract must be concluded, after which an order for employment is issued.

Prior to the conclusion of an employment contract with the head of a branch (representative office), his appointment to a position, which follows from Article 16 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) and paragraph 3 of Article 55 of the Civil Code of the Russian Federation.

Mandatory for inclusion in the employment contract with the head of a separate structural unit in accordance with Article 57 of the Labor Code of the Russian Federation is the place of work, and if the organization’s unit is located in another area, that is, outside the administrative-territorial boundaries locality where the organization itself is located, the place of work is indicated with an indication of this unit and its location (paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation").

When concluding an employment contract with the head of a branch or representative office, it may provide for a test condition, which follows from Article 70 of the Labor Code of the Russian Federation. In this case, the trial period may not exceed six months.

Please note that when applying the provisions of Article 72.1 of the Labor Code of the Russian Federation on the transfer of a manager to another job, one should take into account whether the labor functions of the manager and (or) the location of the structural unit will be changed. If the employment contract with the head of a separate subdivision specifies only the type of subdivision without specifying its location and full name, for example, a branch, then we can talk about transferring to another job only if an employee is appointed, for example, to the position of head of a representative office, with all other equal conditions it's about moving.

Keep in mind that in an employment contract it is necessary to distinguish between labor function and powers of the head of the department. The powers defined by the employer in local acts and (or) defined in the power of attorney issued to the head of a separate subdivision, if they are not specified in the employment contract, are subject to change by the employer unilaterally, which does not entail the consequences established by Article 72.1 of the Labor Code of the Russian Federation. We can talk, for example, about changing the scope of powers in terms of concluding transactions for a certain sum of money etc.

In accordance with Article 73 of the Labor Code of the Russian Federation, an employment contract with the head of a branch, representative office that, in accordance with a medical certificate, needs a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the relevant job, is terminated in accordance with clause 8 of part one of the article 77 of the Labor Code of the Russian Federation. The employer has the right, with the written consent of the specified employee, not to terminate the employment contract with him, but to suspend him from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to the specified employee, with the exception of cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreement, agreements, labor contract.

According to paragraphs 9 and 10 of part 1 of article 81 of the Labor Code of the Russian Federation, an employment contract with the head of a branch (representative office) may be terminated by the employer if he makes an unreasonable decision that entails a violation of the safety of the organization's property, its unlawful use or other damage to the organization's property, as well as in in the event of a single gross violation by the head of the branch (representative office) of his job duties.

On the basis of part 4 of Article 81 of the Labor Code of the Russian Federation, in the event of termination of the activities of a branch, representative office located in another locality, termination of the employment contract with an employee - the head of this unit is carried out according to the rules provided for in cases of liquidation of the organization. In other words, when terminating an employment contract with the head of a separate subdivision located in another locality, in the event of termination of the activity of this subdivision, the employer must perform all the same actions that are provided for upon dismissal due to the liquidation of the organization, that is:

- notify the employee - manager two months before the dismissal;

- inform the employment service;

– notify trade union body;

- issue an order to terminate the employment contract;

- make appropriate entries in the personal card of the employee-head of the structural unit and the work book;

- make all payments.

Here is a sample employment contract concluded with the head of the branch.

Example

Employment contract No. 36

Joint Stock Company "Natasha" (JSC "Natasha"), hereinafter referred to as the "Employer", represented by General Director Vladimir Anatolyevich Ivanov, acting on the basis of the Charter, on the one hand, and Petrov Alexey Petrovich, hereinafter referred to as the "Employee", who is appointed for the position of director of the branch "Branch", hereinafter referred to as the "Subdivision", on the other hand, have concluded this employment contract as follows:

1. Subject of the employment contract

1.1. This employment contract governs the relationship between the Employer and the Employee related to the performance by the latter of the duties of the head of the Employer's Subdivision, located at the address: Novosibirsk, st. Malaya d. 4/1.

1.2. The Employer provides the Employee with a job as a Director of the Division.

1.3 The working conditions at the workplace of the Employee in terms of the degree of harmfulness and (or) danger are optimal (grade 1) (based on the results of the special evaluation working conditions dated 30.01.2015).

1.4. Work at the Employer is the main one for the Employee.

1.5. This employment contract is concluded for an indefinite period.

1.7. The employee is set a probationary period of 3 months.

2. Rights and obligations of the Employee

2.1. The Employee manages the activities of the Employer's Unit in the manner prescribed by the regulations on the unit.

2.2. In internal organizational relations, the Employee, as the head of the Employer's Unit, acts within the powers granted to him by the regulation on the unit, job description(other local regulatory legal acts of the Employer), in external civil and economic relations related to the activities of the unit, the Employee acts on behalf of the Employer on the basis of a power of attorney issued to him.

2.3. Represent the interests of the Employer in relations with the employees of the Subdivision The Employee has the right within the powers determined in accordance with the labor legislation of the Russian Federation, constituent documents and local regulations of the Employer, in particular: _______________.

2.4. The employee has the right to:

- providing him with work stipulated by this employment contract;

– ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

– timely and full payment wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed.

The employee has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

2.5. The employee is obliged:

- conscientiously fulfill their labor duties assigned to him by this employment contract, comply with established labor standards;

– comply with the internal labor regulations in force at the Employer, the requirements for labor protection and ensuring labor safety, other local regulations of the Employer directly related to labor activity the Employee, with whom the Employee was acquainted against signature;

- follow labor discipline;

– take care of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, and other employees;

- immediately inform the Employer about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property, the property of other employees;

- during the term of this employment contract and after its termination for five years, do not disclose a secret protected by law (state, commercial, official and other secrets) that became known to the Employee in connection with the performance of his labor duties;

– perform other duties stipulated by the labor legislation of the Russian Federation and this employment contract.

3. Rights and obligations of the Employer

3.1. The employer has the right:

- demand from the employee conscientious performance obligations under this employment contract;

– adopt local acts directly related to the work activity of the Employee, including internal labor regulations, labor protection and labor safety requirements;

– involve the Employee in disciplinary and liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

– encourage the Employee for conscientious efficient work;

- unilaterally change the content of the powers of the Employee as the head of the Unit without changing the labor function;

The employer has other rights provided for by the labor legislation of the Russian Federation, this employment contract.

3.2. The employer is obliged:

– provide the Employee with work stipulated by this employment contract;

– ensure the safety and working conditions of the Employee that comply with state regulatory requirements for labor protection;

– provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

- pay in full size wages due to the employee deadlines;

– performs other duties stipulated by the labor legislation and other regulatory legal acts containing the norms labor law, collective agreement, agreements, local regulations and this employment contract.

4. Remuneration and social guarantees

4.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary in the amount of 50,000 (fifty thousand) rubles.

4.2. The following is also established for the employee:

– bonus in the amount of 20,000 (twenty thousand) rubles quarterly;

– remuneration based on the results of annual work in the amount of 50,000 (fifty thousand) rubles.

4.3. Payment to the Employee of wages, bonuses, remuneration based on the results of annual work is made in the terms and in the manner established by the collective agreement, internal labor regulations, and other local regulations of the Employer.

4.4. The Employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation and local regulations of the Employer.

5. Work time and rest time

5.1. To perform their duties, the Employee is set an irregular working day.

5.2 A break for rest and meals during the working day is determined by the internal labor regulations in force at the Employer.

5.3. The employee is given two days off per week.

5.4 The employee is granted annual basic paid leave 28 calendar days and additional paid leave for irregular working hours of 5 calendar days.

6. Change and termination of the employment contract

6.1. Each of the parties to this employment contract has the right to raise with the other party the question of supplementing it or otherwise amending the employment contract, which, by agreement of the parties, are drawn up by an additional agreement, which is an integral part of the employment contract.

6.2. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

7. Final provisions

7.1. Labor disputes and disagreements of the parties regarding compliance with the terms of this employment contract are resolved by agreement of the parties, and if it is impossible to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by law Russian Federation.

7.2. In the part not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation, constituent documents, the collective agreement, local regulatory legal acts of the Employer.

7.3. This employment contract is concluded in two copies, having the same legal force. One copy is kept by the Employer in the Employee's personal file, the second one is kept by the Employee.

7.4. Addresses and details of the parties:

Employer:

JSC "Natasha" CEO Ivanov V.A.

Question: The organization is registered in Moscow. What address should be indicated in the details of the employer when concluding an employment contract if the employee is hired in a separate subdivision located in another city?
Answer :

The employment contract must indicate the place of conclusion of the employment contract (if the employment contract is concluded at the location of the organization, then the location of the organization is indicated, if in a separate subdivision, then the location of the separate subdivision).As a place of work, a separate unit and its location must be recorded ( Article 57 of the Labor Code of the Russian Federation). What information to indicate in the details is up to you. In practice, the addresses of the location of both the organization and its separate subdivision are indicated. It should also be remembered that the employer is a legal entity, and the separate subdivision is a structural unit of the organization ( Article 55 of the Civil Code of the Russian Federation).


Extracts from normative acts. December 30, 2001 N 197-FZ, LABOR CODE OF THE RUSSIAN FEDERATION, Article 57. Content of an employment contract

The employment contract specifies:

  • surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;
  • information about the documents proving the identity of the employee and the employer - an individual;
  • taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
  • information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
  • place and date of conclusion of the employment contract. The following conditions are mandatory for inclusion in an employment contract: place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

Article 55. Representative offices and branches

1. A representative office is a separate subdivision of a legal entity, located outside its location, which represents the interests of the legal entity and protects them.

2. A branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office.

3. Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it.

Heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney.

Representative offices and branches must be indicated in the constituent documents of the legal entity that created them.