Delegation of authority. An example from practice: an organization recovered losses from its director in the form of a sum of money that he received from the cash desk for the report

Credentials represent a limited right and responsibility to use the resources of the organization, to independently make decisions, give orders and implement.

The powers are presented to the position, and not to the person holding it.

Authority manifests itself in two general types:

linear;
hardware (staff).

Linear powers

They are transmitted directly from the boss to the subordinate and further along the chain to other subordinates. A leader with line powers also has the right to make decisions and act on certain issues without coordination with other leaders, for example, within the limits established by law or the charter of the organization.

A sequential chain of emerging line powers creates a hierarchy of management levels. The most obvious example of a chain of command is the hierarchy of the military organization. With a long chain of commands, a significant slowdown in the speed of information exchange is observed.

There are two concepts that must always be taken into account: the principle of one-man command and the need to limit the rate of control.

According to principle of one-man management an employee should receive authority from only one boss and be accountable to him.

Controllability rate Is the number of employees who report directly to this manager.

Staff powers

These powers help the organization to use specialists without violating the principle of one-man management to solve problems of an advisory or service nature.

The main types of staff powers are divided into advisory, coordination, control and reporting, conciliatory.

Recommendations the powers consist in the fact that their owner, if necessary, can give advice to managers or executives in need of them on how best to solve this or that narrow-professional issue.

Coordination powers are associated with the development and adoption of joint decisions.

Control and reporting the powers provide the opportunity for their carriers to carry out, within the officially established framework, an audit of the activities of managers and executors, require them to provide mandatory information, carry out its analysis and send the results obtained along with the findings to the appropriate authorities.

The principle of delegation of authority

Within the framework of the management structure, there is a rational distribution and redistribution of rights, duties and responsibilities between its subjects. This process, the principles of which were developed in the 1920s. PM Kerzhentsev, received the name "delegation of organizational powers and responsibility."

Delegation- is a process of transferring a part of his official functions by a manager to his subordinates without actively interfering in their actions.

The principle of delegation of authority consists in the transfer by the head of a part of the powers, rights and responsibilities entrusted to him to his competent employees.

The following types of work are usually delegated:

routine work;
specialized activities;
private and unimportant issues;
preparatory work.

However, there is a complex management tasks, the decision of which should be left to the leader. It is the duty of the first person in the firm to take on high-risk tasks that contain aspects of strategic importance and are of a confidential nature and all unusual, beyond the established rules and traditions of the operation.

And questions such as are not subject to delegation:

establishment;
development of the organization's policy;
management of employees and their motivation;
high-risk tasks;
unusual and exceptional cases;
tasks of a strictly confidential nature.

When delegating authority, the head delegates (establishes) responsibilities; determines the rights and level of responsibility in the exercise of powers.

Benefits of delegating authority:

the ability to engage in tasks that require the personal involvement of the manager;
focus on strategic objectives and long-term plans enterprise development;
This The best way motivation of creative and active workers;
this is the best way to learn;
it is a way of a professional career.

The effectiveness of delegation of authority is obvious, but not all managers are in a hurry to apply it for the following reasons:

doubt about the competence of other employees, fear that they will make things worse;
fear of losing power and office;
distrust of subordinates, low assessment of their abilities;
ambition and overestimated self-esteem;
fear that his actions will be misinterpreted by colleagues and superiors.

Let us consider in more detail the importance of the practical application of delegation in enterprise management.

Practical application of delegation in enterprise management

Delegation of authority takes place not only on an official basis, but also mostly on a semi-official or even unofficial basis, and presupposes the presence of a favorable moral and psychological climate in the team and mutual trust between managers and performers. Significant preparatory work precedes the delegation of authority. It consists in determining: for what, to whom, how to delegate authority? What benefits can be obtained for him, the subordinates themselves and the organization as a whole? What obstacles can arise?

The main practical value the principle of delegation of authority is that the manager frees his time from less complex everyday affairs, routine operations and can concentrate his efforts on solving problems of a more complex management level. At the same time, this method is a purposeful form of professional development of employees, contributes to the motivation of their work, the manifestation of initiative and independence.

The main task of the leader- not do the work yourself, but provide the organization labor process forces, take responsibility and use power to achieve the goal.

Particularly delicate aspect of the principle of delegation - organization of control over the actions of subordinates... Constant tutelage only hurts. Lack of control can lead to disruption and anarchy. The solution to the control problem lies in well-established feedback, in the free exchange of information between colleagues and, of course, in a sufficiently high authority and managerial skill of the leader.

The problem often arises psychological choice: what task to entrust the performer with an acquaintance or fundamentally new... Most often, the implementation of a new task is delegated, especially if it seems unattractive and routine to the manager. This decision is not always correct. The problem is that, having delegated the solution of the problem to someone, the manager is still responsible for its implementation and control, and even more so it is much easier to observe (the so-called monitoring) the progress of the implementation of a familiar problem.

Experienced administrators often assign a capable performer a little more challenging tasks than he was used to doing. In this case, it is advisable to prepare the task in the form of a written order. Having received a difficult task, the performer reveals himself more fully and receives sincere satisfaction from the task and the trust placed in him.

It should be noted that the principle of delegation of authority is little applied by newly promoted persons since it is difficult for them to abandon the habitual stereotype of past activities. However, the manager, who sorts the correspondence himself and types on the typewriter with a bored secretary, is regrettable, but not sympathetic.

Sometimes principle of delegation of authority does not give the expected effect: the executor does not fully fulfill the managerial functions assigned to him. Most often this happens in cases where it is necessary to make decisions that are unpopular in the team: the imposition of penalties for a violation labor discipline; loss of bonuses; examination of immoral acts of workers, etc. Under various pretexts, the performer tries to convey the solution of these problems to his leader in order to look in the eyes of the team from the best, as it seems to him, side. Among other reasons, most often called uncertainty about the correctness of the responsible decision, insufficient experience, fundamental disagreement with the opinion of the leader.

When distributing managerial powers in an organization, it is necessary to take into account a number of important circumstances:

The authority must be sufficient to achieve the goals of the given entity. Therefore, it should be remembered that goals are always primary and determine the scope of the granted authority.
The powers of each entity must be linked to the powers of those with whom it has to cooperate in order to ensure their interaction and, ultimately, the balance of the entire management system.
Authority in the organization should be clear so that each employee knows: from whom he receives them, to whom he transfers them, to whom he is responsible and who should be accountable to him.
Performers must independently solve all problems within their competence and bear full responsibility for their activities and their results.

Credentials governing board

Can the council consider topical issues if the decisions of the council on them are not provided for by the charter?

Any issue within its competence may be considered at a meeting of the council. On issues for which the charter of a general education institution does not assign the council the authority to make decisions, the council's conclusions are advisory in nature. If these issues have demonstrated strategic importance for the institution, then it is advisable to initiate the adoption of amendments and additions to the charter, giving the council the authority to make decisions on relevant issues.

The board has many powers to agree on management decisions developed by the director. What does it mean?

The fact that the governing board has the authority to agree on a decision on a particular issue means that the head of the school cannot independently decide on this matter without the consent of the governing board. It should be noted that at the same time, the governing council itself cannot independently make a decision on it. Thus, in matters subject to agreement between the school administration and its governing board, it is necessary to develop an agreed, mutually acceptable point of view.

Formally, this means that the title of the document indicates two sources of its legitimacy. It should be indicated: “Approved by order No. ___ dated _____ 201__. head "and" Agreed by the decision of the governing council, protocol No.__ from "__" ____ 201__. " The first entry is certified by the signature of the head, the second - by the signature of the chairman of the governing council. It is clear that the timing must precede the approval.

There are already precedents when the prosecutor's office recognized the director's approval of the protocol for the distribution of the incentive part of the wage fund without the consent of the governing board, as required by the school charter.

Moreover, in this regard, questions are raised about the legality of spending targeted budget funds aimed at the incentive part of wages.

In matters subject to agreement between the school administration and the governing board, it is advisable to come to an agreement, a mutually acceptable point of view. And if it fails, what then?

In the event of such a conflict between the managing board and the director of a general education institution (the director disagrees with the board's decision and / or the board does not agree with the director's decision (order)), which cannot be resolved through negotiations, the decision on the conflict issue is made by the founder. The founder can be approached by both the director and the managing board (chairman of the managing board).

What are the powers and functions of the governing council in the provision of an educational institution paid services?

The powers and, accordingly, the functions of the governing council in matters of regulating income-generating activities, in particular, activities for the provision of services, are determined by the charter of the educational institution.

The charter of an educational institution may provide for the following powers of the governing council:

According to the approval (agreement) of the list and procedure for the implementation of additional paid services in general educational institution;

· According to the approval (agreement) of the essential conditions and texts of contracts of an educational institution with a consumer of additional paid services.

In this case, the governing council is entitled and obliged to:

· Establish the implementation of additional paid educational services that are provided by the head of the educational institution and the teaching staff;

· Determine the prices for such services (but not higher than the prices set by the founder);

· Develop a system and procedures for assessing the quality of such services and satisfaction of the main consumers - students and their parents.

To resolve these issues, the governing council needs to organize interaction with the pedagogical council of the educational institution. It is the expert opinions and recommendations of this body that will allow the governing board to correctly navigate the organization of a paid educational activities institutions, based on the available resources of the institution (primarily personnel) and the ability to attract resources from outside.

A situation is possible when nothing is said about the role and functions of the governing council in the implementation of additional paid educational services, but at the same time it has the right to coordinate or approve the development program of an educational institution.

The development program of the institution may provide for a special section on the development of income-generating activities and, in particular, activities for the provision of additional paid educational services.

In this section, for the planned period of time, the governing council can establish a list of additional paid educational services, the implementation of which should be organized by the institution within the time frame established by the development program.

The framework and guidelines for making this kind of decisions of the governing council should be the Rules for the provision of paid educational services (approved by the Resolution of the Government of the Russian Federation of July 5, 2001 No. 000 as amended by the Resolution of the Government of the Russian Federation of April 1, 2003 No. 000), regulatory legal acts of the relevant bodies local government, establishing the conditions for the implementation of additional paid educational services by subordinate educational institutions and the maximum permissible prices for them.

It is in this legal field that the governing council has the right to determine the tasks of developing additional paid educational activities in the corresponding section of the educational institution development program. The development program approved or agreed by the governing council, thus, becomes a local legal act of the educational institution, binding on its head.

Monod point out the following advantages that the governing council has in dealing with the organization of income-generating activities by the institution, for the head of the institution.

First, public participation in the development of a paid education marketing strategy increases the chances of making it customer-centric.

With the adoption in May 2010 of the Federal Law No. 83-FZ, earned by the institution from the sale additional services of paid educational services, monetary funds are excluded from the respective budgets - municipal or state (depending on who is the founder). Thus, these funds again became off-budget, which the educational institution has the right to dispose of independently by the decision of the governing body of the educational institution, which has the right to make such a decision. In other words, these funds cannot be included in financial security municipal (state) assignment to an educational institution from the corresponding budget.

The practice of the federal experiment gg. on approbation of the model of governing councils of educational institutions and the implementation of the direction of complete projects for the modernization of education (HGVJ) "Expanding public participation in education management" in the years. allowed to test such roles and powers of the governing council, such as approval or agreement of estimates of spending funds from extra-budgetary sources, approval of the head's reports on the implementation of such estimates.

The new legislative situation makes it possible to consolidate and expand the role and powers of the governing council in resolving such issues. In this case, the role and responsibility of the governing council in the general resource planning of the development of an educational institution increases. Accordingly, when solving the issues of organizing additional paid educational services, the governing council should be based not only on taking into account the opinions and interests of the consumer of these services, but also proceed from the tasks of resource provision of the educational institution, the effective use of additional resources in order to ensure the required quality of conditions. educational process and, ultimately, the quality of education.

The Department of Education wants to fire the headmaster. Educators and parents disagree. Does the governing board have the ability to influence the management decision?

In accordance with the Law of the Russian Federation "On Education" (clause 4 of article 35), the appointment and, accordingly, the dismissal of the head of an educational institution can be carried out in different ways.

The head of a state and municipal educational institution, in accordance with the charter of the corresponding educational institution, may be:

1) Elected by the staff of the educational institution;

2) Elected by the staff of the educational institution upon preliminary agreement of the candidacy (candidates) with the founder;

3) Elected by the staff of the educational institution with subsequent approval by the founder;

4) Appointed by the founder with the veto to the council of the educational institution;

5) Appointed by the founder;

6) Hired by the founder.

If the charter of the institution provides for the procedure for appointing a head in accordance with paragraph 4 of this article of the law, then the founder has no right to dismiss the head without the consent of the council. If the charter of an institution establishes the procedure for appointing a head in accordance with paragraphs 5 or 6, then the governing council has no formal leverage over the decisions of the founder in this matter.

The governing council always has the right to consider any issue in relation to its educational institution, even if it is not included in the charter of its competence, and, based on the results of the consideration, make its opinion in the form of a recommendation, conclusion (value judgment), petition to the body authorized to make a final decision or to higher authority and administration.

Thus, if the governing board meets on the matter and decides (for example, in the form of a reasoned petition to the founder) not to fire the school principal, there is a chance that the founder will heed this opinion of the governing board. Otherwise, the governing council may petition the municipal public education council for the latter to recommend the founder not to dismiss the director. Also, the governing council can apply to the chapter local government and to the local council.

Creation of a governing board

Some schools have a regulation on the council, while others have everything about its creation and operation included in the charter. How is it correct?

In the text of the charter, it is possible to describe the procedure for the formation and activities of the governing council as closely and in detail as possible. But this will most likely lead to the fact that the text of the charter will be mostly devoted to the governing board only. Another approach is also possible. The charter can describe the quantitative and qualitative composition of the governing board, general order its formation, term of office, frequency of its meetings (sessions) and elections.

All other details of the formation and activities of the governing council can be taken out in a special school regulations"On the governing board". It is also possible to develop a separate special school regulation "On the procedure for forming a governing council." These provisions must be recognized by the charter as school local acts and determine in the charter who has the right to approve such provisions by decision: the founder, the school conference, the governing board or another school body.

To this end, in the section of the charter devoted to the governing council, it is useful to indicate that the procedure for its formation and activities in the part not regulated by the charter is determined by other local acts: Regulations "On the Management Board", Regulations "On the Procedure for Forming the Management Board".

What specific changes should be made to the school charter when the governing board is created?

Specific changes that are advisable to make to the charter are determined by the educational institution. Working group on the creation of a governing council, prepares a draft of a new edition of the school charter, coordinates it within the school community, and then submits it for approval to the founder. At the same time, it is possible to determine the approximate changes that are advisable to make to the charter.

Approximately this approach is served by the document "Methodological recommendations for amending the charters of educational institutions in connection with the creation of governing councils and the organization of their activities in the process of implementing a comprehensive project for the modernization of education in the Moscow region", which you can find on the website "Public participation in education management "(Http: // gouo / inform / metod1).

How does the founder formally formalize the creation of the governing council of an educational institution?

The creation of the school's governing council is formalized by two orders of the founder.

The first order of the founder formalizes the decision that he makes upon receipt of the protocol of the election commission and the list of elected members of the governing council from the head of the educational institution. This decision concerns the following positions:

· Approval of the elected new composition of the governing council;

· Appointment of the representative of the founder and the head of the educational institution to the new composition of the governing council;

· Approval of the date of expiration of the powers of the current composition and the date of entry into the powers of the new composition of the governing council of the educational institution.

The second order formalizes the decision of the founder to approve the full composition of the elected, appointed and co-opted members of the governing council of the educational institution. This decision the founder accepts upon receipt of the minutes of the governing council on the co-optation of new members into it.

If the deadlines for the formation of governing councils in several schools coincide, for example, take place within one month, the education department may issue one order (one document), but containing all the necessary provisions for each school based on the election results, and one order based on the results of co-optation.

At the discretion of the head of the education department, it can somewhat simplify its office work in relation to school governing boards: to issue one ready-made order on the formation of a governing board after co-optation. But in this case, you will have to send a representative to the first meeting, giving him a written order-power of attorney to represent the interests of the founder in the council, and on a permanent basis appoint one general final order.

In the case of by-elections (elections of members to replace the former ones), the same complete or slightly simplified, as indicated above, procedure is implemented, but only with regard to the registration of newly elected members. It is not required to confirm the registration of all others and to appoint a representative of the founder.

Can the founder not approve the charter proposed by the school if he “doesn’t like” the list of governing board powers that the school proposed?

In accordance with the Law, the founder really has the right not to approve the version of the charter proposed by the educational institution. Of course, the wording "did not like" is not quite suitable for defining the position of the founder, who must clearly and definitely formulate his comments and objections. New edition school charter is the subject of the school community's agreement with the founder.

It should be borne in mind that the founder, when defining his position, is guided by the existing regulatory and instructive-methodological acts of the federal, regional, municipal level, which determine the procedure for the creation and operation of state-public administration bodies, including the approximate composition of the powers of the governing council. Most often, these are "Model provisions on the governing council of a general educational institution" approved by the government of a constituent entity of the Russian Federation, in some constituent entities of the Russian Federation - laws on state and public administration. Actually, the school in its work on the wording of the charter should rely on these documents.

Composition of the governing board

Do students have to be represented on the governing board only by high school students?

Indeed, in Methodical recommendations on the functions, organization and work of the governing councils of general education institutions (Appendix to the letter of the Ministry of Education of Russia dated 01.01.2001 No.) and the model Regulations on the governing council of a general education institution, which are known to us, adopted in the constituent entities of the Russian Federation), it is recorded that students at the secondary level ( full) general education.

The argument in favor of such an approach is the presence of more school and life experience in students of this age. Because of this, they can formulate their opinion and defend not only their own interests, but also the interests of the majority of students.

At the same time, it is quite possible that there will be children from grades 8-9 at the school who will be able to adequately represent the interests of all students on the governing board. Therefore, each school itself has the right to fix age limits for students - public administrators in the charter and regulation on the governing council. Here you can focus on two legally applicable age admission of children to manage a non-profit legal entity
- 12 and 14 years old.

What is co-optation to the governing board and how to carry it out correctly?

Co-optation is the introduction of new community managers into the board of directors of a school through a decision by the current board of the school without holding an election. Co-optation of new members of the council can be carried out within two months of the activity of the newly elected council. Responsibility for co-optation rests with the chairman of the board. The following candidates can be proposed:

Members of the governing board,

Parents,

Workers and school students,

· Representative of the educational governing body, local government.

All co-optation proposals are submitted in writing to the board, along with the applicant's statement of consent to be included on the school board of directors. Council members who are co-opted into the council are called co-opted. The number of co-opted public managers should not be large, for example, it should not exceed one quarter of payroll advice.

An important circumstance for the consideration of candidates is the absence of restrictions on the public, teaching activities candidate in this educational institution. Choosing a candidate for school managers through co-optation is a responsible business.

As a rule, these should be people who are interested, have professional values and interest in the development of the school - lawyers, economists, media representatives, public organizations, businessmen, specialists, that is everyone who can somehow influence their knowledge, resources, actions to improve life at school.

The co-optation procedure is as follows. Lists of persons proposed for co-optation are considered at a meeting of the council. Those who have passed the approval are approved by candidates for school governors by open or secret ballot at a board meeting by a simple majority of votes cast for the candidate. The protocol on the voting results, together with the minutes of the council meeting, is sent to the relevant education authorities for the issuance of an order on the introduction of co-opted school administrators into the management council.

Is it possible to involve a school secretary as secretary of the governing council? Does it need to be co-opted for this?

The secretary of the governing board is not necessarily a member of the board, so you may well employ the secretary of the school without co-optation.

What is the procedure for the formation of the new composition of the governing council after the expiration of the term of office of its previous composition?

The algorithm of actions in this situation is as follows.

1. Decision of the governing council (general meeting or conference) on the expiration of powers and on the appointment of the terms and procedure for the formation of a new composition of the governing council, personal appointment of the election commission.

2. Conducting elections, appointed by the election commission in accordance with the statute, regulations on the governing council (on the formation of the council, elections and co-optation), the decision of the council (or general meeting, conference, see paragraph 1).

3. The decision of the election commission (formalized by the minutes of its meeting) on the election results and the establishment of a list of elected representatives of employees, students and parents (legal representatives).

4. Consideration by the founder of the protocol of the election commission, verification of compliance with the prescribed election procedure - at the discretion of the founder.

5. Order (instruction) of the founder on the recognition of the results of the elections to the council, on the registration of elected council members in the unified municipal register of public school administrators, on the appointment of a representative to the council, on the inclusion of a school principal.

6. The decision of the first meeting of the council (opened by the representative of the founder) on the co-optation of representatives of the out-of-school community, on the election of the chairman of the council, a secretary, and, if necessary, a deputy chairman.

7. Order (instruction) of the founder (based on the minutes of the first meeting of the new council) on the formation of a new council in the school in full complement, on the registration of co-opted members in the unified municipal register of public school administrators.

When can a member of the governing board be expelled from the membership?

A member of the council may be removed from its membership by decision of the council in case of missing more than two meetings in a row without a valid reason.

Also, a member of the council is removed from its membership in the following cases:

· At his request, expressed in writing;

· Upon revocation of the representative of the founder;

· Upon dismissal from work of the head of a general education institution or dismissal of an employee of a general education institution elected as a member of the council;

· In connection with the graduation from a general education institution or expulsion (transfer) of a student, representing in the council of students the level of secondary (complete) general education;

· In the case of committing an immoral offense incompatible with the performance of educational functions, as well as for the use of actions related to physical and (or) mental violence against the personality of students;

· In case of committing illegal actions incompatible with membership in the council of a general education institution;

· If the following circumstances are identified that prevent participation in the work of the council: deprivation of parental rights, an injunction to engage in pedagogical and other activities related to work with children, recognition by a court as incompetent, the presence of an unexpunged or outstanding conviction.

Article 129. Powers of the liquidator

1.From the date of approval of the bankruptcy commissioner until the date of termination of the bankruptcy proceedings, or the conclusion of an amicable agreement, or removal of the bankruptcy commissioner, he shall exercise the powers of the head of the debtor and other management bodies of the debtor, as well as the owner of the debtor's property - unitary enterprise within the limits, in the manner and on the conditions established by this Federal Law.

2. The bankruptcy commissioner is obliged:

to take over the property of the debtor, to conduct an inventory of such property within a period not later than three months from the date of the commencement of bankruptcy proceedings, if a longer period is not determined by the court considering the bankruptcy case, on the basis of the bankruptcy commissioner's petition in connection with the significant volume of the debtor's property;

to include in the Unified Federal Register of Bankruptcy Information information on the results of the inventory of the debtor's property within three working days from the date of its completion;

involve an appraiser to assess the debtor's property in the cases provided for by this Federal Law;

take measures aimed at finding, identifying and returning the debtor's property held by third parties;

take measures to ensure the safety of the debtor's property;

notify the debtor's employees about the upcoming dismissal no later than within a month from the date of the commencement of bankruptcy proceedings;

to present to third parties who have a debt to the debtor, requirements for its collection in the manner prescribed by this Federal Law;

to declare, in the prescribed manner, objections to the claims of creditors brought against the debtor;

keep a register of creditors' claims, unless otherwise provided by this Federal Law;

transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws... The procedure and conditions for the transfer of the debtor's documents for storage are established by federal laws and other regulatory legal acts. Russian Federation;

to conclude transactions in which there is an interest, only with the consent of the meeting of creditors or the committee of creditors;

fulfill other obligations established by this Federal Law.

3. The bankruptcy commissioner has the right:

dispose of the debtor's property in the manner and on the terms established by this Federal Law;

to dismiss the employees of the debtor, including the head of the debtor, in the manner and on the terms established by federal law;

declare a refusal to execute contracts and other transactions in the manner prescribed by Article 102 of this Federal Law. The bankruptcy commissioner is not entitled to declare a refusal to execute the debtor's contracts if there are circumstances that prevent the restoration of the debtor's solvency;

serve in court of Arbitration on behalf of the debtor, applications for invalidating transactions and decisions, as well as applying the consequences of invalidity void transactions, concluded or executed by the debtor, claims for the recovery of losses caused by the actions (inaction) of the head of the debtor, persons included in the board of directors (supervisory board), collegial executive body or other management body of the debtor, owner of the debtor's property, persons acting on behalf of the debtor in in accordance with the power of attorney, other persons acting in accordance with constituent documents the debtor, to bring claims to reclaim the debtor's property from third parties, to terminate contracts concluded by the debtor, and to perform other actions provided for by federal laws and other regulatory legal acts of the Russian Federation and aimed at returning the debtor's property;

to exercise other rights related to the performance of the duties assigned to him, established by this Federal Law.

6. The meeting of creditors has the right to decide to terminate economic activity the debtor, provided that such termination does not entail man-made and (or) ecological disasters, the termination of the operation of facilities used to ensure the activities of preschool educational organizations, other educational organizations, treatment-and-prophylactic institutions, facilities used to organize first aid, ambulance and emergency outpatient, inpatient medical care, utility infrastructure facilities related to life support systems, including water, heat, gas and energy supply, water disposal, purification Wastewater, processing, disposal, disposal and burial of solid municipal waste, objects intended for illumination of urban and rural settlements, objects intended for the improvement of territories (hereinafter - socially significant objects), necessary for the life support of citizens. The bankruptcy commissioner is obliged to stop the production of goods by the debtor (performance of work, provision of services) on the basis of the decision of the meeting of creditors to terminate the economic activity of the debtor within three months from the date of such decision.

A key figure in the operation of any retail outlet or wholesale trade is the store manager. The duties, functions, powers and rights of the person holding this position are carefully spelled out in his job description, as well as in some regulatory legal acts of the current legislation.

Important points

First of all, it is worth noting that the position of "store director" is a managerial one. As a rule, it is subordinate directly to the owners or top management such as network managers. From a legal point of view, it is the store manager who is responsible for meeting the requirements of regulations, norms and standards. The duties of such an employee include interaction with representatives of authorities, various authorities, services and departments in order to ensure the functioning of the point of sale without violations and deviations. It is this official who puts his signatures and endorses reporting documents, including strict reporting, and is also responsible for compliance with fire, sanitary safety measures, and so on. It follows from this that such a manager bears responsibility for the quality of his work not only to the owner or top management, but also to the law.

The main provisions of the job description

What is main document for which he works as a store? The job description usually consists of several points: functions or responsibilities.The following are the main general theses of these sections. This document is approved by the owner-entrepreneur alone or by a meeting of founders, owners or shareholders, depending on the organizational and legal form legal entity... After being hired, the director of the outlet confirms with his signature that he has read the job description and undertakes to fulfill it in full.

Job responsibilities

Since the main employee of the outlet is the store manager, the responsibilities of this person are quite broad. As a rule, they boil down to the following:

Organization of the work of the point of sale, including the setting of a schedule, drawing up and rationing of the work schedule, determining the days off and holidays.
Compliance legal requirements to the functioning of the store, depending on the specifics of its activities.
Submission of documents, execution and receipt of all necessary permits in accordance with current legislation, taking into account the profile of the store's activities (licenses, conclusions, certificates, etc.).
Ensuring the availability and functioning of everything you need shop equipment, measuring instruments, cash registers, terminals, etc., as well as monitoring their timely Maintenance, metrological verification, as well as, if necessary, registration in government bodies and authorities.
Drawing up work plans, bringing them to the attention of employees and monitoring their implementation.
among employees, the issuance and execution of individual instructions, instructions, orders.
Providing employees with everything they need to fulfill their job descriptions as well as control rational use Supplies, financial and material resources.
Negotiating with suppliers and customers, organizing and conducting business meetings, presentations.
Conclusion of contracts of purchase and sale, commission, lease within the amounts established by the superior management or the owner of the store.
Drawing up and submitting reports to state or founders of a retail outlet.

Other functions of the store manager can be added to this list at the discretion of the owners or top management of the chain.

Rights

The store manager has not only responsibilities, but also whole line opportunities, which are also indicated in the job description. So, the point of sale manager has the right to:

Submit proposals for improving work, changing the work schedule, expanding or reducing the range of products, holding promotions or advertising campaigns etc.
Hire and fire store employees at their own discretion.
Take disciplinary measures in relation to employees who violate the work schedule or perform their duties in bad faith, including in the form of reprimands, with or without entering into personal files and work books as well as involving material responsibility(imposition of fines).
Reward employees who excel in the performance of work within the limits set by the superior management / store owner or budget.
Require the employer to provide all necessary conditions to fulfill their direct responsibilities, including the provision of a workplace that meets the requirements labor legislation, means and opportunities for the implementation of the norms and requirements of regulatory legal acts or the elimination of existing violations.
Transfer part of their functions or responsibilities, as well as the right to sign on certain documents to another official with prior (or without) approval from the higher management or the owner. Such a person, for example, could be a deputy store manager or a chief accountant.

It is also not full list, but only the basic provisions. As in the case of duties, the rights of the manager can be much broader depending on the specifics of the activity and the level of trust of the employer.

Requirements

Since such a position presupposes a certain level of knowledge, skills and abilities that a store manager must have, responsibilities are not the only important item in the job description. Often, the employer also prescribes the requirements for the store director. For example:

Continuously improve the level of their qualifications by passing special training courses, trainings, attending conferences and round tables for managers.
Not to be regular customer competing trading network or store.
Always have a well-groomed and tidy appearance that complies with the corporate network policy.

Sometimes the employer also prescribes the requirement to answer calls from senior management at any time, even at night or on weekends, as well as other specific points related to the specifics of the activity.

Responsibility

As noted above, the store manager is responsible not only to the owners or top management of the chain, but also to the law. Basically, it boils down to a few points of the job description:

For damage caused as a result of non-performance or improper performance of their job responsibilities the manager is responsible in the amount established by the internal documents of the store (or network), as well as by the current legislation.
For the use of financial, material and technical resources of the point of sale in his own interests or the interests of third parties, the manager is liable depending on the amount of damage caused.
For non-compliance with the requirements of regulatory legal acts, as well as for filing inaccurate reporting to the authorities government controlled and control of the store director is responsible to the extent established by law.

Work time

How this work is standardized is also a difficult question. A store manager, like any other employee, can work no more than the number of hours per week established by applicable law. But, as a rule, this is only in theory. In practice, the store director has irregular working hours and often works without days off and holidays. This is due to the great responsibility and volume of work. But with the right selection of personnel and competent distribution, it can organize its own work time be productive and have a perfectly normal schedule. The main requirement of all owners usually boils down to the following: the business must work and generate income not lower than a certain level, and the rest is the task of the head of the outlet, and he will fulfill it independently, working at night, or will meet the deadlines, without overworking, the founders in mostly interested in the last.

Salary

The salary of a store manager depends on many factors: the region in which the outlet is located, the focus and specifics of the work, the need or absence of such for business trips and business trips, the volume of trade, the need for specific knowledge. The level of the director's earnings is almost always influenced by the profitability of the enterprise, as well as the performance of the point by the employees trading plans and graphs. In other words, wage the director of a small grocery store in a residential area of the city will probably be significantly lower than the income of the manager of an expensive car salon. Moreover, this difference can be not several thousand, but vary in the range of several orders of magnitude.

Features of food trade

A grocery store has its own specifics of activity associated with very strict requirements regulatory documents to his activities. Since such a product can affect the health or even life of a person, the law is very strict with regard to the sanitary and hygienic norms of sale, as well as to the quality of products. That is why the head of a retail outlet for the sale of food products (be it a wholesale warehouse or a regular grocery store) bears great responsibility and is obliged, among other things, to very carefully monitor the availability of all the necessary certificates for products, the conditions of their transportation and storage, as well as health and physical condition of their employees.

Resume and candidates

A store manager's resume should contain information about education and work experience. Such a position, as a rule, cannot be taken without having certain skills and knowledge in the field of trade. All previous jobs should be indicated. Most likely, the employer will be interested in the candidate who has gone all the way from an ordinary sales person to top management. In this case, the applicant for the position is likely to have the most complete understanding of the work process, possible difficulties and features.

Higher rank

A chain store manager is a position that, in essence, is very similar to that of a store director, but the distinguishing feature is the management of not one outlet, but several. As a rule, a manager of this level does not interact directly with all employees of the chain stores, but most often only with directors or their deputies. Obligations and rights of such official almost the same as those of the store manager. The network director is generally responsible to the owners or founders.

Unconventional approach

Today, a non-standard approach to such a position as a store manager is becoming more and more popular. Duties of the director of the outlet in recent times supplemented by new items, including the adoption of non-standard solutions and the introduction of creative ideas for business development. It all depends on the corporate policy of the network and the views of the owners on the conduct of trade.

Powers of the collegial executive body

Credentials general director

In accordance with the legislation, the powers of the General Director.

1. Manages the current activities of the company

2. Acts on behalf of the company without a power of attorney, including representing the interests of the company in the Russian Federation and abroad

3. Approves staffing table

4. Submits the annual report and financial statements to the relevant authorities

5. Concludes transactions on behalf of the company, taking into account the restrictions established by law and the charter of the company, issues orders and gives instructions to the employees of the company

If a company creates a collegial executive body, the charter must determine separately the powers of the general director and the collegial executive body, since they are not defined in the Law on JSC, but are established at the discretion of the company.

According to the Code corporate behavior the charter of the company must determine the powers of the collegial executive body for:

Development of documents related to priority directions the activities of the company;

· Development of a financial and business plan;

· Approval internal documents society;

· Approval of transactions in the amount of 5 percent or more of the value of the company's assets, which is accompanied by the requirement for immediate notification of such transactions to the board of directors;

· Approving real estate transactions and obtaining loans that do not relate to the ordinary business of the company;

· Appointment of heads of branches and representative offices of the company;

Approval of issues on the agenda of general meetings of shareholders of subsidiaries, sole participant which the company is, if these issues are not attributed to the competence of the board of directors of the company;

Appointment of persons representing the company at general meetings subsidiaries, of which the company is the only participant, and issuing instructions for voting at general meetings;

· Nominating candidates for the CEO, members of the management board, manager, members of the board of directors, as well as candidates for other management bodies of organizations in which the company is a member;

· Approval of the internal labor regulations;

· Approval of job descriptions for all categories of employees of the company;

· Approval of conditions labor contracts with middle managers;

· Approval of decisions on the conclusion of collective labor agreements.

The general meeting may delegate the powers of the general director to the manager on the basis of a written agreement.

The general meeting may decide to transfer the powers of the sole executive body to the manager only at the suggestion of the board of directors.

The manager acts as the CEO and reports to the board of directors and general meeting. The JSC Law does not establish requirements for an agreement with a manager, other than the fact that the chairman of the board of directors or another authorized person signs an agreement with the manager on behalf of the company.

In accordance with the Code of Corporate Conduct:

1.The board of directors must submit general meeting a clear justification for the need to transfer powers to the manager and provide information on:

· The reasons for this decision;

· Associated risks;

Persons who will report on behalf of management organization;

· Other companies managed by the managing organization;

Members of the board of directors, executive bodies and the largest shareholders of the management organization, as well as other information that may be necessary to clarify the likelihood of a conflict of interest.

2. The manager must provide the Board of Directors and the general meeting with the following information:

· A document confirming that the manager has sufficient assets or has entered into insurance contracts in the event of default by him of obligations under the contract with the company, as well as the financial statements of the management organization;

· Charter of the managing organization;

An agreement with the manager providing for:

a) the objectives to be achieved by the manager;

b) the amount of the manager's remuneration;

c) the principles of responsibility applicable to the manager;

d) the procedure for terminating the powers of the manager (contained
in the agreement, the clause on the termination of powers);

e) the reports that the manager is required to submit to the board of directors and the general meeting, including information on who must submit such reports and when.

f) In addition, the manager must not perform similar functions in a competing society or be located in property relations with a competing society.