Employment contract with the chairman of the HOA: what is it, how can an agreement be concluded to start working, and where can I find a sample document? OWN

Concept

The board of the association is financed by residents, and the amount of monthly cash injections is determined by the staffing table.

If the general meeting decided to have the position of chairman on staff, then two parties arise: on the one hand, the HOA as an employer, on the other, the employee it hires, and the presence of these parties presupposes the ensuing contractual relations (Article 17 of the Labor Code of the Russian Federation).

It does not matter that he is also a property owner in the building served by the partnership. An employment contract (hereinafter referred to as TD) is a document that regulates the relationship between the parties and also specifies the functions of this position.

Is such a document necessary? You can perform your duties without signing papers. His absence in the presence of a full-time position will be a violation of the law.

In addition, the performance of official duty is associated with the signing of serious contracts with service providers, contractors, as well as accounting documents.

Found documents on the topic “GPH agreement with the chairman of the homeowners association sample”

Employment agreement with the chairman of the HOA Employment agreement, contract → Employment agreement with the chairman of the HOA
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Form of agreement for the purchase and sale of shares (approved by the Chairman of the Moscow Property Fund on September 19, 1994)
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Application form for participation in the auction (for individuals) (approved. Chairman Moscow Property Fund September 19, 1994)
Purchase of securities, shares → Application form for participation in the auction (for individuals) (approved by the Chairman of the Moscow Property Fund on September 19, 1994)
APPLICATION +-+ FOR PARTICIPATION IN THE AUCTION (FOR INDIVIDUALS) +-+ APPLICANT: Full name Passport Registered
Standard publishing agreement for literary works (approved by Order chairman State Committee for Publishing of the USSR dated February 24, 1975 No. 8 as amended. and additional From 01.10.86 No. 499 and by order of the state. USSR Press Committee dated November 15, 1989 No. 356)
Copyright protection → Standard publishing agreement for literary works (approved by Order of the Chairman of the State Committee for Publishing of the USSR dated 02/24/1975 No. 8 with amendments and additions dated 10/01/86 No. 499 and by order of the USSR State Committee on Press dated 11/15/89 No. 356)
approved by order of the Chairman of the State Committee for Publishing of the USSR dated February 24, 1975 No. 8 as amended. and additional dated 01.10.86 n 499 and by order of the USSR State Committee for Press...
Sample. Sample consent of the insured to conclude a mixed life insurance contract
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Insurance, reinsurance contract → Sample. Sample consent of the insured to replace the beneficiary (for a mixed life insurance contract)
sample consent of the insured to replace the beneficiary (to the mixed life insurance agreement) "" 20 I, ,…
Sample. Power of attorney to represent the interests of the shareholder at the general meeting of the joint stock company ( sample)
Powers of attorney: sample completion → Sample. Power of attorney to represent the interests of a shareholder at a general meeting of a joint stock company (sample)
POWER OF ATTORNEY I, , (last name, first name, patronymic of the shareholder) passport: series number issued by whom and when Number of accessories
Sample. Objections to the prosecutor’s private protest against the court’s ruling ( sample)
Statements of claim, complaints, petitions, claims → Sample. Objections to a prosecutor’s private protest against a court ruling (sample)
To the judicial panel for civil cases (regional, district, city) court Applicant: (name of organization
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Powers of attorney: sample completion → Sample. Application for revocation of a power of attorney to represent the interests of a shareholder at a general meeting of a joint-stock company (sample)
APPLICATION TO THE Board of Directors (supervisory board) (name of the joint stock company) from the shareholder (F.
Sample. Sample consent of the insured to replace the insured (to the mixed life insurance contract)
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sample consent of the insured to replace the insured (to the mixed life insurance contract) "" 20 I, , (...
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To the investigator of the investigative department of the city (last name, acting) from the lawyer (last name, acting) PETTION
Read also: Rules for carrying out activities for managing apartment buildings - Decree of the Government of the Russian Federation of May 15, 2013 No. 416

The need for official registration

The Housing Code does not stipulate the need to formalize labor relations, nor the reverse.

But Art. 273 of the Labor Code of the Russian Federation specifies: if the management of an apartment building is carried out by the HOA itself, then a contract with the chairman is appropriate, and if a specialized company is hired , then the activities of the head of the partnership are regulated by the charter.

Carrying out actions to ensure the life of a residential building , the head of the board carries out various actions falling under the definition of Art. 149 Labor Code of the Russian Federation.

If there is such a unit as a chairman in the staffing table, the person who has the honor of being elected to this position will have to sign the TD in order to prevent violations of the law (Article 17 of the Labor Code of the Russian Federation).

Validity

Based on Art. 59 Labor. Code of the Russian Federation, regardless of the organizational and legal form of the legal entity, fixed-term employment contracts can be concluded with the director, deputy or chief accountant, if such a provision is defined in the Charter of the company or follows from the essence of the relationship.

The employment agreement concluded with the head of the partnership is classified as a fixed-term one and is valid for 2 years from the date of signing. It is during this period that the rights, powers and obligations of the parties to each other apply.

After the end of the term of office, the general meeting of owners may decide to extend the employment contract for the same period - 2 years, or elect another chairman of the board.

After 2 years, the document must be stored along with other important papers of the partnership in a fireproof safe for 5 years. After 5 years, the employment agreement is sent for storage to the archives of the partnership.

Structure and content of the document

This document is two-sided and has sections that are usually included in a TD:

general provisions;
validity period, availability of a probationary period, indication of the date from which the person must begin work;
rights and obligations of both parties;
terms of payment;
work and rest schedule;
social insurance conditions;
guarantees, compensation;
liability of the parties;
final provisions;
details and signatures.

The date of drawing up the document and signatures must be present , and the paper must be registered in the agreement registration book of the housing office.

There should be no empty columns in the text.

This document can only be urgent (Article 275 of the Labor Code of the Russian Federation, Article 147 of the Housing Code of the Russian Federation), its maximum validity period is 2 years.

Issuance and approval

Such a mutual document is usually drawn up by the secretary of the board, who is charged with various duties, including the functions of a personnel inspector , but a person who is prescribed to do this by the charter is authorized to sign on behalf of the employer - in this case, the partnership.

If there is no such information in the charter, a person is selected who is entrusted with the right to sign the TD with all full-time employees. The right to register and issue paper is usually granted to the secretary.

This TD is somewhat specific: there are no other higher authorities in the HOA, the head of the board is the highest authority, although he is prohibited from signing the TD with himself.

The contract should be agreed upon with an independent lawyer, as well as with the lawyer. the administration of the locality to which the residential apartment building belongs.

Who is the chairman of the HOA?

The head of the HOA is elected by a general vote of the board members of the apartment building. This person is endowed with a wide range of rights and responsibilities, which are specified in the organization’s charter. The chairman has access to the finances of the HOA, carries out administrative activities to maintain the house, works for the improvement of the department and organizes repairs of common property.

A person holding a leadership position in an HOA bears financial responsibility to the homeowners, since funds for repairs, payments and other contributions pass through him. Certain agreements are established between the management organization and its director, which are enshrined in the charter of the partnership. However, for them to be truly enforceable, an employment contract must be concluded between the parties .

Read more about who the chairman of the HOA is and what the responsibilities of the position are in this article, and you can find out about who can take the position and the legal framework here.

Is it necessary to conclude an agreement?

Why enter into a contract with a manager if his rights and obligations are enshrined in the charter? There are several answers to this question:

Firstly, the position of chairman is paid. The charter is a document that sets out the rights and obligations of the parties, their rules of execution and the procedure for carrying out the activities of the organization (read about the charter and other documents of the chairman in this article). Remuneration cannot be specified in it. In order for the manager’s activities to be paid legally, an employment agreement must be concluded.
Secondly, the contract is a kind of guarantor of the employee’s fulfillment of his obligations to the management board and owners. On its basis, members of the housing society can make claims for poor quality work.
Thirdly, on the basis of the agreement, an official can be brought to administrative and criminal liability if his activities violate the rights and freedoms of owners and current legislation.

Reference! The conclusion of an agreement strictly defines the sphere of influence and authority and establishes the responsibilities of the manager. This allows the partnership and the owners to protect themselves from possible problems and disputes.

How can you conclude an employment contract with the chairman of the HOA, what is it and what should it be: sample agreement