Job description of the director of the MUP sample. State and municipal unitary enterprises - creation Job description of the director

Good afternoon! According to Art. 40 131-FZ dated 10/06/2003

7. Exercising their powers permanent deputy, elected body member local government, elected local government official not entitled:

2) engage entrepreneurial activity in person or through proxies, participate in the management commercial organization or in management non-profit organization (with the exception of participation in the management of the council of municipalities of the subject Russian Federation, other associations of municipalities, a political party, participation in a congress (conference) or general meeting different public organization, housing, housing construction, garage cooperatives, horticultural, horticultural, dacha consumer cooperatives, partnerships of property owners), except as provided by federal laws, and in cases where participation in the management of the organization is carried out in accordance with the legislation of the Russian Federation on behalf of the local government

3) engage in other paid activities, with the exception of teaching, research and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
4) be a member of management bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their operating on the territory of the Russian Federation; structural divisions, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

while, according to the same Art. 40

5. Elected officials of local self-government may exercise their powers on a permanent basis in accordance with this Federal Law and the charter municipality.Deputies of the representative body of the municipality exercise their powers, as a rule, on a non-permanent basis.
Can work permanently no more than 10 percent of deputies from the established number of the representative body of the municipal formation, and if the number of representative body of the municipal formation is less than 10 people - 1 deputy.

those. these restrictions apply to deputies who receive remuneration for this activity (working on a permanent basis). In the described case, this condition is not present, as far as I understand.

A power of attorney can be issued for any period. If the term is not specified in the power of attorney, then it will be valid only for one year from the date of its issuance. Such rules are established in paragraph 1 of Article 186 Civil Code RF. The principal may revoke the power of attorney at any time. And the employee to whom it is issued has the right to refuse it at any time. An exception is the case when an irrevocable power of attorney has been issued (clause 2, article 188 of the Civil Code of the Russian Federation). Such a power of attorney can be canceled only in those cases that are expressly indicated in the document itself (Article 188.1 of the Civil Code of the Russian Federation). Full list cases when the power of attorney ceases to be valid, is given in Article 188 of the Civil Code of the Russian Federation.

Dismissal from mupa director

Thus, in the absence of the head of the enterprise, the right to impose the performance of his duties using one of the above methods or another method belongs to the person determined by the appropriate decision taken by the owner of the property of the enterprise or an authorized body by the owner and executed in accordance with the requirements of the law. On the basis of the relevant decision of the owner of the property of the enterprise or a body authorized by the owner, the head unitary enterprise an order is issued on the replacement by a specific person during the absence of the head of the position of the head of a unitary enterprise, indicating the form, grounds and period of replacement.

Director for a short time, or how to temporarily transfer the powers of the head

Maternity leave is calculated in total and is granted to the woman in full, regardless of the number of days she actually used before giving birth (Part 2 of Article 255 Labor Code RF). Thus, maternity leave is issued on the basis of:

on December 18, 2008).

How are the duties of a director carried out?

of the Criminal Code of the Russian Federation in a large amount (1,500,000 -7,500,000 rubles) in an especially large amount (over 7,500,000 rubles), or committed by a group of persons by prior agreement One of the following measures (applies to officials 4 organizations):

• a fine of wages or other income of the convict for a period of 1-3 years;

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The direct procedure for appointing the head of a unitary enterprise to the position, as well as the procedure for concluding, amending and terminating an employment contract with him in accordance with labor law and other containing norms labor law normative legal acts must be provided for in the charter of the enterprise (paragraph 7 of Article 9 federal law"On state and municipal enterprises"). Since an employment contract is concluded with a person appointed to the position of head of a unitary enterprise, regulation is supposed legal status head of the labor legislation of the Russian Federation.

Thus, the norms of the Labor Code of the Russian Federation apply to the provision of work and rest time to the head of a unitary enterprise, in particular, including the features legal regulation labor of women - leaders of organizations.
Administrative Penalty for officials2 of the organization - from 10,000 to 30,000 rubles. Art. 15.15.14 of the Code of Administrative Offenses of the Russian Federation Violation of the procedure for the formation or financial support fulfillment of the state (municipal) task (except for cases of misuse) Administrative Penalty for officials2 of the organization - from 10,000 to 30,000 rubles. Art. 15.15.15 Code of Administrative Offenses of the Russian Federation Violation of execution of payment documents and submission of the Federal Treasury body Administrative Failure to execute (untimely execution by a credit institution of payment documents for transferring funds to budget accounts budget system RF5 (for transferring budget funds)) Penalty:

• for organizations - from 1 to 5 percent of the amount to be credited to the budget;
• for officials2 of the organization - from 10,000 to 30,000 rubles.

The director of veg was fired how to formalize the performance of duties

of the Criminal Code of the Russian Federation in an especially large amount (over 7,500,000 rubles), or if committed by a group of persons by prior conspiracy One of the following measures (applies to officials4 of the organization):

• a fine in the amount of 200,000 to 500,000 rubles;
• a fine in the amount of the salary or other income of the convicted person for a period of 1-3 years;
• forced labor for up to 5 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or without it;
• imprisonment for up to 5 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years

The director of the municipal unitary enterprise was dismissed how to formalize the fulfillment of the obligation to

Order on the assignment of the powers of the head of the institution Who can be assigned the duties of the temporarily absent head of the institution As a rule, the temporary performance of the duties of the head of the institution is assigned to his deputy. * If the head of the institution does not have a deputy whose official duties would include the temporary performance of the functions of the head, then these duties assign to another employee. In this case, the head of the institution (chief manager, founder) must issue an order to temporarily assign the duties of the head of the institution to this employee (clause 1

Attention

The procedure approved by the clarification of December 29, 1965 of the USSR State Labor Committee No. 30 and the Secretariat of the All-Union Central Council of Trade Unions No. 39). The order must specify the specific duties of the employee replacing the head.

For example, sign orders for personnel, invoices, etc.
Maternity leave is calculated in total and is granted to a woman completely regardless of the number of days she actually used before giving birth (Part 2 of Article 255 of the Labor Code of the Russian Federation). Thus, maternity leave is issued on the basis of:

1. a written statement from a woman;
2. certificate of incapacity for work issued in the manner prescribed by the order of the Ministry of Health and Social Development of Russia dated August 01, 2007 No. 514 “On the procedure for issuing medical organizations certificates of incapacity for work" (as amended.

   
   on December 18, 2008).

Based on the foregoing, the head of a unitary enterprise should provide the owner of the property or a body authorized by the owner with a written application for maternity leave, as well as a certificate of incapacity for work.
Otherwise, the same requirements apply to an employment contract with a part-time job as to contracts concluded at the main place of work (Chapter 10 of the Labor Code of the Russian Federation). An order to hire a part-time job How to draw up an order to hire a part-time job After an employment contract is concluded, issue an order to hire a part-time job according to unified form No. T-1 or No. T-1a, approved by resolution Goskomstat of Russia dated January 5, 2004
No. 1, or according to an independently developed form (Article 68 of the Labor Code of the Russian Federation). Personal card of a part-time job How to issue a personal card when hiring a part-time job At the end of the hiring procedure, get a personal card for a part-time job (both internal and external) in the form No. T-2 (Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1) or in a custom form. An example of hiring an internal part-time job A.V.

Includes the following tasks in the plan of anti-terrorist measures: — availability and strict implementation by the Head of instructions in terms of ensuring life safety; - restriction of access of unauthorized persons to the basement and attic rooms, thermal and water metering units, energy supply points; - to strengthen supervision over life support facilities; - impose duties on the implementation of anti-terrorist measures on a specific official; — develop guidelines and reminders for various categories employees of the enterprise on actions in the event of emergency situations to check their preparedness for action in emergency situations. 3.21.

Job Descriptions

Ensure the right mix of economic and administrative methods leadership, unity of command and collegiality in discussing and resolving issues of material and moral incentives for increasing production efficiency, applying the principle of material interest and responsibility of each employee for the work entrusted to him and the results of the work of the entire team, paying wages in deadlines. 3.11. Together with labor collectives And trade union organizations provide on the basis of the principles social partnership development, conclusion and implementation collective agreement, observance of labor and production discipline, to promote the development of labor motivation, initiative and activity of workers and employees of the Enterprise. 3.12.

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The director must know:

• legislative and regulatory legal acts governing the activities of the organization;
• tax, economic, civil, labor legislation;
• production capacities of the enterprise, production technology;
• the procedure for concluding and executing contracts;
• organizational structure of the enterprise;
• methods of managing and managing the organization;
• indicators that determine the position of the enterprise in the market;
• management of the economy and finances of the organization, labor resources;
• labor protection rules and regulations.

ІІ. Job Responsibilities director The director performs the following duties: 1. Establishes work, effective interaction of all divisions, production units.

So-z-give!

The current management of the activities of the MUP is carried out by its leaders, acting as the sole executive body. The head of the MUP takes an active part in its creation. It is with him that an act is signed - the transfer of municipal property to the economic management.

The activity of the head of the municipal unitary enterprise is regulated by the employment contract. This document is urgent and is usually concluded for up to 5 years. The following positions are necessarily reflected in the employment contract: - the subject of the contract; - legal obligations; - responsibility; - salary; — social guarantees; - the procedure for terminating the contract.
Central location in the employment contract belongs to the section "rights and obligations". The main rights of the head of the MUP include: 1. Organization of the work of the enterprise 2. Actions without a power of attorney on behalf of the enterprise 3.

Job description of the director of the enterprise

We bring to your attention typical example job description of the director of the enterprise, sample 2018. A typical job description for the director of an enterprise should include the following sections: general position instructions, official duties of the director of the enterprise, rights of the director of the enterprise, responsibility of the director of the enterprise. The job description of the director of the enterprise should reflect the following main points: Job responsibilities of the director of the company 1) Job responsibilities.

The director of the enterprise manages, in accordance with the current legislation, the production, economic and financial and economic activities of the enterprise, bearing full responsibility for the consequences of the decisions made, the safety and effective use property of the enterprise, as well as financial and economic results of its activities.

Director job description

Organizes the production and economic activities of the organization based on the use of methods of scientifically based planning of material, financial and labor costs, the maximum mobilization of production reserves. 5. Takes measures to provide the organization with qualified personnel. 6. Promotes the best use of the knowledge and experience of employees, the creation of safe and favorable conditions for their work, compliance with the requirements of labor protection legislation.

7. Resolves all issues within the limits of the rights granted and entrusts the performance of certain production and economic functions to other officials - his deputies, heads of production units, as well as functional and production divisions of the organization. 8.

Rights and obligations of the head of the municipal unitary enterprise

Labor Code of the Russian Federation and other regulatory acts of the Russian Federation regulating labor relations In Russian federation. 1. GENERAL PROVISIONS 1.1. The head of the Municipal Unitary Enterprise "" (hereinafter referred to as the Enterprise) is appointed to the position and dismissed by the head of the administration of the city of Cheboksary (hereinafter referred to as the Employer). 1.2. The Head of the Enterprise in his work is guided by the Constitutions of the Russian Federation and Chuvash Republic; Laws of the Russian Federation; resolutions and decisions of the Government of the Russian Federation and the Cabinet of Ministers of the Chuvash Republic on the issues of the industry; the Charter of the enterprise; Charter of the municipal formation of the city of Cheboksary - the capital of the Chuvash Republic, regulations Self-government of the city of Cheboksary, an employment contract with the head of a municipal unitary enterprise; real job description. 1.3.

Job description of the director of a municipal unitary enterprise

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Important

The director of the enterprise is accountable to the founders of the enterprise represented by (general meeting of founders, other body of the enterprise) 1.4. During the absence of the director of the enterprise, his duties are performed by a deputy appointed in the prescribed manner, who is fully responsible for their high-quality, efficient and timely implementation. 1.5. In his activities, the director of the enterprise is guided by: - ​​legislative and regulatory documents governing the production, economic and financial and economic activities of the enterprise; - methodological materials related to the activities of the enterprise; - the charter of the enterprise; - labor regulations; - this job description.

1.6.

Job description of the head of the municipal unitary enterprise

the Russian Federation for the production, economic and financial and economic activities of the enterprise, bearing full responsibility for the consequences of the decisions made, the safety and efficient use of the property of the enterprise, as well as the financial and economic results of its activities. 3.2. Organize the work and effective interaction of all structural divisions, workshops and production units, direct their activities towards the development and improvement of production, taking into account social and market priorities, increasing the efficiency of the enterprise, increasing sales volumes and increasing profits, quality and competitiveness of products, its compliance international standards in order to conquer the domestic and foreign markets and meet the needs of the population in the relevant types of domestic products. 3.3.
Enterprises; — legislative and regulatory legal acts regulating the production, economic and financial and economic activities of the Enterprise, — regulations of federal, regional and local authorities and administrations that determine the priority areas for the development of the economy in the relevant industry; — profile, specialization and features of the structure of the Enterprise; — production capacity and human resources of the Enterprise; — tax and environmental legislation; — market methods of managing and managing the Enterprise; – the procedure for concluding and executing business contracts; - scientific and technical achievements and advanced production experience in the relevant industry; - management of the economy and finances of the enterprise, organization of labor production. 2. FUNCTIONS Head of the Enterprise: Get the full text Consult 2.1.

Job description of the director of the municipal unitary enterprise housing and communal services

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Among the many organizational and legal forms provided for by Russian legislation, there is also a municipal unitary enterprise.

They can operate both at the federal level and at the regional level - however, most often such enterprises are created precisely by the local self-government of municipalities.

Let's try to figure out what constitutes a municipal unitary enterprise, briefly called MUP.

Organizational form

It is easiest to determine the legal status of MUP based on the name of this organizational and legal form. Every word in it is significant:

1. "Municipal" - this means that it is created at the level of local government to meet municipal needs in some kind of product, or, more often, in the performance of any type of work or the provision of services. In the event that the initiator of the creation is the state, state unitary enterprises are created.
2. "Unitary" - the property of the enterprise is integral and is not divided into shares, shares or other shares. Even its employees cannot own part of the property of the MUP.
3. "Enterprise" is a separate entity of economic activity, which is a legal entity that acts in relations with contractors or authorities on its own behalf and has property that it manages.

Property

However, with regard to property, a special reservation must be made: MUP is not its owner. This means that although unitary enterprises and commercial organizations, everything they use is owned by the respective municipality.

Local authorities only assign some material assets to him - but they continue to belong to the municipality itself. That is why MUPs are divided into two types, depending on the right on the basis of what right they use this property:

• on the right of economic management - in fact, this is the civil law status of most conventional CBMs;
• on operational management - the so-called state-owned enterprise. This type of CBM is much less common, because the operational management is not very convenient for doing business.

Operational management implies that any actions related to property require permission from the owner - in this case, the local authority. Unlike a municipal enterprise of the usual type, state-owned enterprises are less focused on making a profit and are much more dependent on budget financing. An example of a state-owned enterprise can be electric transport enterprises (trolleybuses or trams) in many cities.

Disposal of property

MUP has no right to sell, lease or otherwise dispose of property without the consent of the local authority. It also cannot create subsidiaries.

However, they may invest part of their finances in the capital of commercial companies or partnerships, if this is permitted by the Articles of Association and local legislation. Income from such deposits is recorded in the financial statements of the enterprise.

In addition, the MUP, within certain limits, can dispose of the income received from its activities. In particular, they are used to pay the wages of managers and employees of the company.

On what basis does it work?

The activities of municipal unitary enterprises are regulated by a number of regulations, of which the most important are the following:

1. Civil Code of the Russian Federation. In their art. Art. 113-114 (Article 115, concerning state-owned enterprises, has not been in force since September 2014), this act gives a general description of the MUP and describes the general “rules of the game” for them.
2. Law No. 161-FZ. It already concretizes the activities of MUP and gives a clearer description of the rules of their work.
3. Law No. 44 FZ. It concerns such type of activity of MUP as purchase of goods or order of services for municipal needs. However, it must be remembered that from January 2018 this law will become mandatory in a much larger number of cases. In fact, this law will apply to almost all types of procurement carried out by MUP.
4. Law No. 223-FZ. Before the entry into force of certain norms of Law No. 44-FZ, this act applies to most purchases made by municipal unitary enterprises. In particular, until January 2018, MUEs should be guided by it when concluding subcontracts in their field of activity.

The list is not complete: special rules of law apply to certain areas of activity carried out by these organizations. In addition, it should be taken into account that the work of the MUP can also be regulated by acts adopted by local governments: the administration of cities, districts, etc.

How is it created

In order for a municipal enterprise to start operating, the following is required:

1. The relevant local authority issues a resolution on the establishment of the MUP. It is issued in cases where it is required either to maintain property that cannot be privatized by law, or to provide the population with some goods or services at minimum prices. In particular, quite often CBMs are created to service the operation of water supply networks, for landscaping and cleaning streets, garbage collection, etc.
2. The same body approves the Charter of the enterprise. This is the only founding document of the MUP. It reflects the purpose for which the enterprise is created, the property transferred to it, the management procedure and other issues related to the activities of the MUP. Important to know: The charter is prepared by the municipal government's property management department or other division.
3. A director is appointed. His powers are determined by the Charter, but the specific appointment is made by the owner - the local government. The municipal body also concludes an employment contract with the director.
4. The transferred property is assessed and its full inventory is made.
5. The local administration applies to Rosreestr with an application for registration of MUP.
6. From the moment the local branch of Rosreestr makes an entry in the Unified State Register of Legal Entities (registry of legal entities), MUP can begin work.

What kind of financial and economic activity plan does MUP have, see the following video:

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- Yuri Nikolayevich, why was the decision to organize a concession made?

A private investor, Gazprom Teploenergo, applied to Serpukhov and the region with an initiative to conclude a concession agreement for the heating system of our region.

Today, this municipal property is operated by the Serpukhov Heating Network MUE, which provides high-quality and uninterrupted supply of heat and hot water to the residents of Serpukhov, and since July 2018 also of the Serpukhov District. In order for the whole complex to work smoothly, both heat supply sources and networks that transmit heat energy to subscribers must function well.

The power grid economy, like any fixed assets, wears out over time. In our case, most of the facilities were put into operation in the 60-70s and are obsolete. For modernization, and it needs to be carried out as soon as possible, very significant investments are needed.

Forms of investments in state property are defined. One of them is a concession - the transfer of property to an investor. The concessionaire, Gazprom Teploenergo, acts in this capacity. And the concessors are the administrations of the municipalities of Serpukhov and the Serpukhov region.

- What are the advantages of the concession for both parties?

Protocols of intent have now been signed and, in accordance with the regulations, concession agreements are being prepared that will define the rights of the parties. We are not pioneers in using the concession as a form of public-private partnership. It has been sufficiently tested and shown to be effective for overcoming crisis situations.

The transfer of rights to the investor is planned for a period of more than 20 years. But in the very near future, within three years, he intends to invest 850 million rubles in the modernization of facilities in Serpukhov, and about 560 million rubles in the Serpukhov district. In particular, it is planned to eliminate 11 extremely inefficient coal and liquid fuel boiler houses in the region and replace them with modern block-modular ones. There is a large list of objects that will be put in order.

The administrations of municipalities retain the right to control the implementation by the investor of all legal functions, the correct disposal of property and the implementation of measures laid down in the concession agreement. If, for example, an investor liquidates an inefficient boiler house and builds a modern one, then he must fulfill these obligations clearly in accordance with the agreement. Otherwise, the administration may terminate the contract.

Municipalities control the quality of services provided by the investor. In turn, the concessionaire, fulfilling its obligations, receives guarantees of economic stability. That is, he must know how tariffs will be formed for the entire period of the concession agreement. The investor receives long-term tariff regulation.

- Does this mean that it is necessary to wait for the growth of payments?

The tariff policy is determined by the state, which will not allow exceeding the allowable limits. At the same time, the growth of payments is inevitable, because it depends, among other things, on inflation. But the concession will definitely not lead to the fact that tariffs will grow

at a faster pace. The tariff implications are clearly defined in the concession agreement.

Moreover, the modernization of the energy sector makes it possible to increase the efficiency of work, and after the return of the invested funds, curbing the rate of tariff growth. But if the reconstruction is not done in the near future, then the work of the same coal-fired boiler houses will bring losses. And I would have to lay these losses in payments.

- What will happen to MUP "Serpukhov heating system"?

The conclusion of a concession agreement automatically means that MUP "Serpukhovskaya Heating Network" is liquidated as a legal entity, because the property is transferred to another organization that has all the signs of a heat supply company. The investor will create another structure within his company.

But all employees of the Serpukhov heating network will be accepted into the new structure of the concessionaire, that is, Gazprom Teploenergo. Further, they already have their own system of testing knowledge, evaluating qualifications. It goes without saying that the concession is carried out in order to increase the efficiency of work, which means that the staff must comply.

Now the number of employees in the Serpukhov heating network in total, together with those who were accepted from the district, is more than a thousand people. I believe that our employees are qualified, constantly undergo training, they clearly perform their work in accordance with their functional duties. For specialists, the transition from one structure to another is unlikely to be so noticeable.

Nadezhda Sergeeva

For your information

The concession includes the concept of transferring the exclusive right of the owner (grantor), in our case, these are the administrations of municipalities, to the concessionaire - a subsidiary of Gazprom to use the property.

Numbers

850 million rubles are planned to be invested in the reconstruction of boiler houses and heating networks in Serpukhov.

Important

The Moscow Region is implementing a gubernatorial program to modernize heat supply. In particular, within its framework, the largest boiler houses throughout the Moscow region are being converted to gas. Modernization is carried out both at the expense of the regional budget and with the money of investors. So, just last year, 30 new boiler houses were modernized and built in the region.