Директор юридического лица: на стыке гражданского и трудового права

Закон. 2022. № 10. С. 51–64.

Egorov A.

An employment contract with a director is a special form of contracts in the field of private law, and the rules of the Civil Code on transactions and their invalidity, representation, contracts and obligations should be applied subsidiarily to it. This allows us to solve many problems that seem unsolvable according to the rules of employment law due to the lack of special regulation in it. The author analyses various difficulties that arose in practice: how the contract with the director is drawn up; can the actual admission of the director to work indicate that the employment contract is considered concluded in all cases; on whose behalf the Administration of a public legal entity concludes a contract with the director of a unitary enterprise, who are the parties to such a contract; whether the director has the right to establish a bonus for himself personally, etc.

Keywords: director of a legal entity, employment contract with a director, actual admission to work, bonuses to a director, director of a unitary enterprise, election of a director and conclusion of a contract with him, директор юридического лица, трудовой договор с директором, фактический допуск к работе, премирование директора, директор унитарного предприятия, избрание директора и заключение договора с ним