General conditions for the formation of the management bodies of the enterprise and government workforce
Management of the Company
The formation of the management bodies of the enterprise is performed in accordance with the Charter on the basis of the combination of the rights owner economic use of his property and the principles of self-government workforce.
The company determines the management structure, establishes the States.
The owner exercises its rights with respect to management directly or through authorized bodies.
The owner or authorized bodies can delegate these rights to the works Council (to the Board) or other authority provided for by the Charter of the enterprise and predstavljamo the interests of the owner 1 of the workforce.
Hiring (appointment, election) of the Director is a right of the owner (owners) of property of the enterprise and sold directly or through authorized bodies. Decisions on socio - economic issues relating to the activities of the enterprise, developed and adopted its governance bodies with the participation of the labor collective and its authorized bodies.
The highest governing body of the collective enterprise is the General meeting (conference) of property owners. The Executive management of the collective enterprise carries out the Board (Council) of the enterprise.
The Board of the company, unless otherwise provided by Statute, the owners of the property on the General duties secret ballot on alternative basis. Powers of the Board specified in the Charter. The Board elects from its members a Chairman and his Deputy or their role is performed by each member of the Board.
Personnel are all citizens who participate in its activities on the basis of the labour agreement (contract, agreement), as well as other forms of governing the employment relationship of employee with the company.
The law "On enterprises in Ukraine" determined the functions of the labour collective of the state and another entity in which the share of the state or local Council of people's deputies in the value of the property is more than 50 percent. Personnel performs the following functions:
• considering together with the founder of changes and additions to the Charter of the enterprise;
• together with the founder of the enterprise determines the conditions of employment of the head;
• participates in the solution of a question on allocation from the company of one or several structural units to create a new enterprise;
• together with the owner to address the issue of entry and exit of enterprises of enterprises of enterprises;
• decides on the lease of the enterprise, creating on the basis of the labour collective body to move to the rental and purchase of enterprises;
• coordinates proposals regarding the transfer of state property in communal property assigned to the enterprise, social infrastructure facilities built at the expense of the company.
In case of partial redemption of assets of the enterprise the labour collective shall acquire the rights of co-owner, and the company status of the joint.
After full repayment of the enterprise labour collective acquires the rights of collective ownership.
The powers of the labor collective enterprises of all types where employees are implemented, unless otherwise provided by the Charter, the General meeting (conference) and an elected body whose members are elected by secret ballot at the General meeting (conference) of labor collective for a period of 2-3 years not less than 2/3 of the votes. Members of the Committee may not be dismissed from work or transferred to other posts at the initiative of administration of the company without the consent of a Committee of this group.
The current legislation is a role for the collective agreement, which should be in all enterprises (irrespective of patterns of ownership and organizational-legal forms), using hired labor, between the owner or authorized body and employees or authorized authority and can not contradict the current legislation of Ukraine.
Collective agreement governing the production, employment and economic relations of labour collective with administration of the enterprise, issues of labour protection, social development, participation of employees in the use of the profits of the enterprise, in the manner that stipulated in the company Charter.
Differences arising from the conclusion or execution of a collective agreement are resolved in the order established by legislative acts of Ukraine.
The parties that concluded the collective agreement at least two times a year vzaimozachet on its implementation at the meeting (conference) of labour collective.
The law "On enterprises in Ukraine" determined the General procedure for the management of the enterprise. Thus, according to article 16 of this law, the Director is hired (appointed) by the owner or elected by the owners of the property.
When hired (appointment, election) by the owner or authorized authority of the Director to a position with the agreement (contract, agreement), which defines the rights, terms of employment, duties and responsibilities of the Director to the owner and employees, the conditions of material security and dismissal taking into account the guarantees required by the contract (Treaty, agreement) and the legislation of Ukraine.
The head of the company is developing a staffing company, forms management staff to administer current activities and to decide other matters of the company except referred by the Charter to the competence of other management bodies of the enterprise. The property owner has no right to interfere in the operational activities of the Director.
Of the Director can be dismissed from office before the expiration of the contract on the grounds provided for in the contract or in the legislation of Ukraine.
Deputy Director, managers and specialists of the subdivisions of the management and structural divisions (productions, shops, sections, sections, sections and other similar units of enterprises) as well as masters and senior masters are appointed and dismissed by the Director.