Along with the privileges that a director's position provides to a manager, there is also a high level of responsibility of the executive. Statistics of business owners' requests for legal assistance in order to punish the company's CEO for his actions show a high frequency. Among the most common examples of illegal activity of these managers, the following situations can be highlighted:
forming your own business based on the example of an existing company and luring established clients and suppliers into it;
fulfillment of certain orders for cash without issuing receipts and recording the completed transactions in accounting records (in fact, this is the misappropriation or theft of funds belonging to the organization);
leasing or selling the property botim database of an enterprise at a greatly reduced price and stealing part of the proceeds from the transaction in the form of a kickback;
transfer of permission to use a registered trademark or patent at a reduced price;
constant delays in paying wages to subordinates.
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General types of responsibility of the head of the organization
The legislation of the Russian Federation provides for the following types of liability for enterprise managers: disciplinary, civil, administrative and even criminal. Let's consider each of them in more detail.
Disciplinary responsibility of the head of the organization
This type involves a reprimand, fine, reprimand or dismissal as an extreme measure of punishment.
The director's job responsibilities are specified in his employment contract. For their improper performance, the top manager of the company may be subject to disciplinary action. In most cases, it is implemented in the form of a verbal reprimand.
The issue of disciplinary action falls within the competence of the founder of the business or the board of directors if the manager owns a share in this company. If such a management apparatus is not implemented at the enterprise, the person responsible for hiring and firing top personnel managers has the right to punish a specialist of this rank.
According to Article 193 of the Labor Code of the Russian Federation, the procedure for applying disciplinary sanctions is carried out in three stages:
The director receives a request for an explanation in writing. If it is not fulfilled within two working days, a refusal report is drawn up.
A decision is made to apply disciplinary action.
Within three days, the director gets acquainted with the decision made and signs it. In case of refusal, a corresponding act is drawn up.
The manager has the legal right to appeal the decision made by contacting the labor inspectorate.
Let's look at an example. Boris is the director of StroySnab LLC. This year, he expanded the company's geography of operations, signed contracts with large contractors in three regions. By the end of the period, the reporting shows that two of them are still operating at a loss, and only one has managed to cross the break-even point in a few months. The company's founders were counting on dividends from expanding operations, but due to new unprofitable areas, they are not expected this year. Therefore, Boris is offered to resign of his own free will. He does not agree. The founders issue a disciplinary penalty under Article 193 of the Labor Code of the Russian Federation. And Boris has the opportunity to contact the labor inspectorate to protect his rights.