Disciplinary responsibility of the head of the organization
A manager can easily avoid responsibility if he strictly fulfills his job responsibilities. In order to minimize the risks of situations where the director avoids responsibility, being guilty of the circumstances, it is better to specify in the employment contract specific situations for which disciplinary punishment is provided.
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Alexander Kuleshov
Alexander Kuleshov
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Civil liability of the head of the organization
In Russian judicial practice, bringing company managers to account is not very common. This type of managerial liability assumes that the decision to punish for his illegal activity does not remain an internal matter for the company, but is transferred to the court. Bringing the head of an organization to account may have two grounds. The first is a violation of the principle of good faith and reasonable management; the second is a violation of established legal norms.
Principle number one is that the director is obliged to act only in the interests of the company, to comply with the rules and regulations established by its internal regulations and the highest administrative apparatus, and to carry out his activities within the framework of the adopted legislative restrictions.
Among the most common grounds for which top managers are held civilly liable are the following: poor management and inadequate control over the functioning of the enterprise, a large number of errors in the development of management decisions or their insufficient quality, ill-considered investments, unproductive organization of the work of subordinates, their poor motivation, erroneous policy of expanding practice or liquidation of areas with low profitability.
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