Putting in order all the controversial issues with the internal and external documentation of the enterprise is the main task of any manager. Moreover, if he is the owner. It shouldn't take more than a week to resolve all issues, but this will be the key to order in the future organization and will protect the young enterprise from all kinds of violations of labor, civil, tax legislation.
A terrible dream for any accountant: the founder assumes management functions and requires the conclusion of an employment contract. Or, on the contrary, asks a specialist for legal confirmation of the absence of the need for this procedure. Our current law is so multifaceted that sometimes it does not give unambiguous answers to many life situations.
As a rule, such cases are not uncommon in the first days and even months of the company's existence. The company has not yet really adjusted its work, there are practically no employees, the organization does not bring any profit, but only losses.
Putting in order all the controversial issues with the internal and external documentation of the enterprise is the main task of any manager. Moreover, if he is the owner. It shouldn't take more than a week to resolve all issues, but this will be the key to order in the future organization and will protect the young enterprise from all kinds of violations of labor, civil, tax legislation.
Legal arguments "for" and "against" the conclusion of the contract
All explanatory letters of the Ministry of Finance and Rostrud release the founder (if he is the sole owner of the enterprise) from concluding an agreement with himself. However, such letters are not legal acts.
Separate lines of the current law and arbitration court practice completely refute the opinion of officials.
In any case, the employment contract is not concluded by the same person, namely: the founder and the organization (legal entity). Both the law and judicial practice do not refute the fact that a legal entity has its own legal capacity and the ability to act in any legal relationship under its own name.
Despite the comments of Rosfin and the Ministry of Labor, laws on insurance premiums No. 255-FZ and No. 167-FZ not only directly indicate the need to pay insurance for all employees of the organization, but also make a special reservation for directors who are the only founders.
In any case, the founder will have to hire employees who will help the firm to exist and develop. And the current Labor Code does not regulate the relationship between the founder and employees, it applies only to the head of the enterprise. Directors.
On the basis of what document can the founder manage his own LLC?
The right of the sole founder to manage his company is secured by the current Civil Code of the Russian Federation (namely, Article 53) and the Law “On LLC”. To do this, you do not need to conclude any of the contracts, and labor is one of them. You can assign the powers of the CEO to yourself by order of the sole founder.
We can say that this is one of the main internal documents that must be signed in the first days of the organization's existence.
