Remuneration of the chairman of the st. How much does the chairman of the SNT earn - Report Is it necessary to pay the remuneration of the chairman of the SNT

At the same time, if we are talking about wages, there must be a staffing table approved by the chairman of the board within the cost estimate approved by the General Meeting. It is also possible to pay for specific types of work or services to individuals performing work under GPC agreements (of a civil nature) concluded with SNT on the basis of an estimate approved by the General Meeting. Therefore, in judicial practice the following obligations of SNT in terms of remuneration are recognized: - for the payment of wages to hired employees on the basis of the Staffing table approved by the General Meeting. - for the payment of remuneration to individuals for services rendered under GPC agreements, and also: - for the payment of remuneration to the chairman or members of the board, if the minutes say: “Establish from ……… the date of …….. the remuneration for the chairman of the board ……… in the amount of ……..

Legal forum for landowners

The payment of wages that your chairman of the board set for himself was established by him illegally. Moreover, the right to receive wages, in accordance with the Labor Code of the Russian Federation, has an employee - an individual who has entered into an employment relationship with the employer.
The chairman of the board of the partnership, as already mentioned, is not an employee of SNT, and is not a person who has entered into an employment relationship with the partnership.

Salary amount for the chairman of the board of a gardening partnership

MONTHLY AND YEAR-ROUND. The systemic mistake of individual lawyers, for example, Baytenova and Kresnikova (authors of article-by-article comments to Federal Law 66), who claim that it is possible to establish labor relations between the chairman of the board and SNT, lies in the perception of the chairman of the board of SNT as a sole executive body, which he is NOT . We carefully read Federal Law 66: The chairman of the board is NOT the head of SNT.

He heads the collegial executive body - the BOARD, but at the same time, does not have a casting vote at board meetings, because decisions of the board are made by a SIMPLE majority of votes of board members; accordingly, the chairman of the board of SNT, unlike the chairman of the board of a joint-stock company (bank, for example), is not given the right to BLOCK decisions of the board, but only has the right to appeal the ADOPTED decision. Unlike Art.

How to pay a salary to the chairman of the SNT

Now you have a lot of trouble, a government house and a long journey (it’s definitely a joke about the government house, though. Contributions from the remuneration to the chairman of gardening The chairman of gardening has been transferred to remuneration based on wages.
Do I need to pay insurance premiums (pension, accident) Remuneration from membership fees every month. They transferred the chairman to save money. You actually have an employment relationship with the chairman of gardening (Art.
16 of the Labor Code of the Russian Federation). Therefore, even in the absence of an employment contract, it is necessary to accrue and pay contributions from payments to the chairman (clause. Withdrawal from the gardening partnership. The partnership must conclude an appropriate agreement with me for the use of electricity.

But they have no right to cut me off from the network, since the supplier is not SNT. There is also no desire to feed a watchman who is not responsible for anything.

Salary of the chairman of the SNT

The powers of the chairman of the board are determined by the specified Federal Law and the charter of such an association. The chairman of the board of the partnership is not an employee, does not perform his functions under an employment contract, but is elected by the general meeting of the SNT.

The chairman of the board of SNT is the executive body of the partnership, without concluding an employment contract with him. The document confirming the powers of the chairman of the board of SNT is an extract from the decision of the general meeting on his election.
The bodies of a legal entity, including the chairman of the board, cannot be considered as independent subjects of civil legal relations and are part of the legal entity. In accordance with Article 21 of Federal Law No. 66-FZ, the exclusive competence of the general meeting of the partnership also includes resolving issues regarding the promotion of members of the board.

Horticultural non-profit partnership "pischevik" Kaliningrad

Thus, if an employment contract is concluded between SNT and the chairman of the board of SNT (such relations are practiced, in particular, when the chairman is not a member of SNT), then his salary should indeed not be lower than the minimum wage. If the relationship between SNT and the chairman of the board is not formalized as labor, but in some other way, then the amount of remuneration for services rendered or work performed can be anything and is established by agreement of the parties. So, in Federal Law 66 there is not a word about the “chairman’s salary” .

However, the law provides the opportunity to pay monetary remuneration to the board of the partnership by decision of the General Meeting (clause 15) of Art. 21 Federal Law 66). According to Federal Law 66, payment of wages is possible only to persons who have entered into employment contracts with SNT (clause
4 tbsp. 16 Federal Law 66), in accordance with the procedure prescribed in the Charter.
The SNT board does not have the right to enter into an employment contract with the SNT chairman. We read the lawyer's explanations. The activities of horticultural non-profit partnerships are carried out on the basis of the Federal Law of April 15, 1998.
№ 66- Federal Law “On gardening, gardening and dacha non-profit associations of citizens” (hereinafter referred to as Federal Law No. 66-FZ) and the Charter of the partnership. In accordance with Article 20 of Federal Law No. 66-FZ, the governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.
By virtue of Article 23 of Federal Law No. 66-FZ, the board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the board members for a period of two years.

The salary of the chairman of the gardening partnership

How to arrange the salary of the chairman of the union? 1 answer. Moscow Viewed 105 times. Asked 2013-07-01 09:14:28 +0400 in the topic “Land law, resources” Problem with non-profit partnership - Problem with non-profit partnership.

Moscow Viewed 56 times. Asked 2014-09-30 12:15:48 +0400 in the topic “Civil Law” Chairman’s salary and land tax. - Chairman's salary and land tax. more 1 answer. How to pay a salary to the chairman of the SNT The OS of the Union of SNT made decisions: During the year, the Board (7 people) receives money for current expenses, at the end of the year when specific indicators are achieved.

prescribed in the OS Protocol of the Union of SNT (this in my case is the Union of 54 SNT, 3500 members of the Union). by decision of this Meeting, he receives remuneration in the amount of the salaries established at the previous OS of the Union.

In accordance with the report on actual income and expenses from 08.28.17 to 08.04.18, the salary for the period from January 2018 to July 2018 of the chairman of SNT Zimenkova L.M. amounted to 105,000 rubles. Insurance contributions to the budget - 31,710 rubles. The remuneration of board members amounted to 40,000 rubles. For 2019, as follows from the estimated estimate of income and expenses presented to SNT members at the meeting on September 30, 2018, it is planned to pay for services according to the staffing table 334360 rubles

We will not evaluate whether this is a lot or a little for our small SNT, which has practically no infrastructure. We will only evaluate the legality of these payments.

Below we provide explanations on this matter. two lawyers.

Explanation 1. According to Art. 23 Federal Law of the Russian Federation “On gardening, gardening and dacha non-profit associations of citizens” dated April 15, 1998, the chairman of the SNT is not its sole executive body, but only heads the board - a collegial executive body. The powers of the chairman of the board are determined by this Federal Law and the charter of such an association. Clause 2 of this article establishes his powers, among which there is no power to set wages for himself and other employees. In addition, labor relations between the head of the organization and the organization itself are provided for by Chapter 43 of the Labor Code of the Russian Federation, which, according to Art. 273 of the Labor Code of the Russian Federation does not apply when the head of an organization is a member of this organization.

Thus, the establishment of labor relations between the chairman and SNT impossible.

According to Art. 3 of the Federal Law of the Russian Federation “On the Minimum Wage” The minimum wage applies to labor relations, and since labor relations with the chairman of the SNT cannot arise, the minimum wage cannot be applied to payment for his activities.

According to paragraph 15 of Art. 21 Federal Law of the Russian Federation “On gardening, vegetable gardening and dacha non-profit associations of citizens” the exclusive competence of the general meeting of members of a horticultural, gardening and dacha non-profit association (meeting of authorized representatives) includes encouraging members of the board, including the chairman of the SNT, the audit commission (auditor), the commission on control over compliance with legislation. As an encouragement from the experience of other SNT There may be an exemption from paying membership fees, or phone payment, or compensation for fuel and lubricants. The amount of remuneration is determined based on performance results.

According to Art. 22 of the above law, the board can conclude employment contracts with hired workers, which include an accountant and an electrician. According to Art. 133 of the Labor Code of the Russian Federation, a salary not lower than 1 minimum wage can be established only for an employee who have worked their normal working hours in full. According to Art. 93 of the Labor Code of the Russian Federation if an employee works part-time and this fact (indicating working days and hours) is recorded in the employment contract or an additional agreement to it; salary May be less than the minimum wage. According to Art. 21 Federal Law of the Russian Federation “On horticultural, market gardening and dacha non-profit associations of citizens”, the issue of the conditions for concluding employment contracts with an accountant and an electrician can be brought up for discussion at a general meeting and the issue of payment and payment can be resolved there. working hours of hired workers, then the board will conclude employment contracts with them on the terms adopted at the meeting.

Explanation 2. The activities of Gardening Non-Profit Partnerships are carried out on the basis of the Federal Law of April 15, 1998 No. 66-FZ “On Gardening, Trucking and Dacha Non-Profit Associations of Citizens” (hereinafter referred to as Federal Law No. 66-FZ) and the Charter of the Partnership.

In accordance with Article 20 of Federal Law No. 66-FZ, the governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of the board. By virtue of Article 23 of Federal Law No. 66-FZ, the board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the board members for a period of two years.

The exclusive competence of the general meeting of SNT includes, among other things, the election of the chairman of the board and the early termination of his powers.

The document confirming the powers of the chairman of the board of SNT is an extract from the decision of the general meeting on his election. The bodies of a legal entity, including the chairman of the board, cannot be considered as independent subjects of civil legal relations and are part of the legal entity. In accordance with Article 21 of Federal Law No. 66-FZ, the exclusive competence of the general meeting of the partnership also includes resolving issues regarding the promotion of members of the board.

The right to receive wages, in accordance with the Labor Code of the Russian Federation, has an employee - an individual who has entered into an employment relationship with the employer. The chairman of the board of the partnership, as already mentioned, is not an employee of SNT, and is not a person who has entered into an employment relationship with the partnership. Consequently, there is not and cannot be a labor relationship between the chairman of the board of the partnership and the partnership as a legal entity, and therefore their relationship is not regulated by the Labor Code of the Russian Federation.

Thus, the appointment and payment of salaries to the chairman of the SNT and members of the board is an illegal act. Money illegally appropriated in the form of wages must be returned to the SNT cash desk and spent on infrastructure development, as prescribed by law!

Today, most of the membership fees of gardeners in our SNT are spent on litigation provoked by the chairman and members of the board. In particular:

the legally established requirement for approval of the list of members of SNT (), without which in our SNT it is impossible to talk about quorum during general meetings or set a budget;
the requirement to carry out according with existing legislation extraordinary meeting of SNT members to elect independent the audit commission to verify the financial and economic activities of the chairman and board of SNT for the period from 2012 to 2018 ();
not done legal the demand of the owners of plots on the average street (in a quarry) to remove the road surface (garbage) that has ruined the road, at the expense of the perpetrators ();
illegally seized public lands by a group of persons, including the chairman of the SNT Zimenkova L.M., members of the board Lelyukh M.I., Gubarev L.V., the chairman of the audit commission Kutuzov M.N., members of this commission Donetsky S. and Topu Sakha (
administrative violations by L.M. Zimenkova, who doesn't answer to requests from members of SNT regarding the expenditure of funds and liability for causing harm by their actions and the actions of board members to the gardening partnership as a whole and specific members of SNT ();
provision by Zimenkova L.M. information that does not correspond to reality, not only to members of the SNT, but also to the courts (

Dear gardeners! We should not suffer financial losses due to the “mistakes” (are they mistakes???) of those who, in fact, were not chosen. The illegal actions of L.M. Zimenkova, in addition to financial losses, created a criminogenic situation in SNT, dangerous for its unpredictable consequences, and don't deserve those financial incentives that are included in the budget. If the inappropriate behavior of the members of the board and the “lawyers” they recruit as assistants, provoking lawlessness, as was the case on September 30 at the general meeting of SNT members, is not stopped, then it won’t be long before we reach the corpses. This assumption is quite realistic if you remember:

attack at a meeting on June 27, 2017 of board member A.P. Oblomkin. against SNT member Elshin A.M. (77 students) who asked a question about poor quality road repairs;
behavior of the owner of plots 84, 85 of a member of one of the audit commissions Nadtochiy E.V. and the owner of plot 78, pushing out SNT members on August 5, 2018 from the territory publicly declared (in an announcement on SNT information stands) as the territory where the general meeting of SNT members will take place;
unprecedented antics (swearing, insults, physical actions)
Lelyukh T.I. (trusted representative of the board member Lelyukh M.) with the active support of L.M. Zimenkova, not only at the meetings on September 30 and August 5, but also at the meetings of members of the partnership created within the SNT for the purpose of gasification;
unacceptable public insults and fabrications on the part of L.M. Zimenkova, who took on the functions of chairman of the board of SNT, accountant-cashier of SNT and accountant-cashier of the gasification partnership, contained not only in her public speeches, but also in documents (minutes, audit acts commissions, responses to requests, etc.), also publicly distributed to those who want to know where the money of SNT members goes.

To regulate internal relations in SNT, it is proposed to change our organizational structure.

The infrastructure of our SNT includes public lands, and also a waste area with installed garbage cans, which are used only by a small group of gardeners, and that’s all. It would be right to approach the administration of Pushkino with a proposal to conclude individual contracts for waste removal, just as is happening today with electricity.

Our SNT is several streets that are not connected with each other either at the level of problems or at the level of interests (this is mentioned in the Minutes of the General Meeting No. 1 of May 10, 2016, which actually did not exist, but for us in this case something else is important ). An excerpt from this protocol is below.

It would be justified and quite logical if each street solves its problems independently, including creating the necessary budget for this. The board members are the elders of the streets. In this case, the chairman of the board of SNT interacts with external organizations and coordinates internal activities. As promotions he can be exempt from paying membership fees, as well as board members.

According to the instructions of the Federal Law “On Gardening, Trucking and Dacha Non-Profit Associations of Citizens” issued in 1998, all previously existing associations were reorganized into a new form of legal entity - SNT, the abbreviation of which sounds like “Gardening Non-Profit Partnership”.

There are also differences in the form of management of these villages: in SNT, emerging working issues are decided collectively, by universal vote. A plus is also the relatively small mandatory contributions. In a cottage community, management is provided to a company that requires much more investment, but the range of services provided is much wider.

Expenses for the chairman of the SNT

“By the decision of the general meeting, the chairman of the SNT was assigned remuneration in the form of monetary remuneration. The chairman argues that the amount of remuneration should be no less than the minimum wage in the region, regardless of the volume and time of work performed. Is it so?"

The answer to this question depends on whether there is an employment relationship between the chairman of your SNT and the SNT itself. The minimum wage applies to labor relations in which one of the parties is the employer and the other is the employee. Thus, according to Article 133 (Establishment of the minimum wage) of the Labor Code of the Russian Federation, the monthly wage of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (job duties) cannot be lower than the minimum wage.

Responsibilities of the chairman of SNT, or Is it difficult to be the main one among gardeners

Disconnection is carried out after a warning and if the offender has not eliminated the problems on time. For other violations of the charter, for example, non-payment of membership fees, the board and chairman do not have the right to turn off electricity as a measure of influence on the defaulter.

This list can be supplemented or shortened only at general meetings. The chairman is obliged to submit to the board of the SNT, guided in his work by the charter and legislation of the Russian Federation (in particular, Article 66 “On gardening, gardening and dacha non-profit organizations of citizens”), as well as decisions of the general meeting and the board. In his work, the chairman also takes into account the regulations of local authorities, if they are related to the activities of the partnership, as well as court decisions, if they have entered into legal force.

Regulations on remuneration of the chairman of the SNT

The employer of the chairman of the board is the partnership as an organization, and the decision to hire the chairman must be made by a body that is not subordinate to the hired chairman. The board or its members are not suitable for the role of employer here.

At the same time, the charter should clearly state that the board, including its chairman, can be formed by decision of the general meeting both from members of the partnership performing duties on a voluntary basis, and from citizens who are not members, upon concluding an employment contract with them. The charter should also define the person authorized to sign an employment contract with the hired board member or chairman of the board.
And finally, two quotes. “...The court of first instance made a reasonable conclusion that the position of the chairman of the board is elective, an employment contract is concluded with him for a certain period of two years” (from the ruling of the judicial panel of the Leningrad Regional Court dated February 16, 2011 in case No. 33-790/ 2011).
As for the person directly signing the employment contract, in my opinion, it can be anyone who is authorized to sign by the charter (member of the board, chairman of the meeting). If the charter specifies that the employment contract with the chairman of the board is signed by a person authorized by the meeting itself that decided to conclude the employment contract, this approach looks more consistent.
Then the meeting makes three decisions: on the appointment of the chairman of the board under an employment contract; about the corresponding contribution (for his salary); about the person authorized to sign an employment contract on behalf of the meeting. Thus, the lawful hiring of the chairman of the board under an employment contract is possible in relation to non-member candidates for this position.

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In accordance with Art. 124 of the Labor Code of the Russian Federation prohibits the failure to provide annual paid leave for two years in a row, as well as the failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Vladimir Sergeevich, good afternoon. To answer your question, please clarify where your plot is located: gardening partnership, village, etc., whether there is a house on the plot. According to Part 4 of Art. 28 of the Federal Law “On gardening, vegetable gardening and dacha non-profit associations of citizens” if the land plot constituting the territory of a horticultural, gardening or dacha non-profit association was provided to this non-profit association or another organization under which (before the entry into force of this Federal Law) was created ( organized) this non-profit association, a citizen who is a member of this non-profit association has the right to acquire free ownership of a land plot provided to him in accordance with the project for organizing and developing the territory of this non-profit association or another document establishing the distribution of land plots in this non-profit association. If you fall under the requirements of this article, then the land plot should be provided to you free of charge.

Chairman of the SNT and his duties

The chairman of any gardening, especially a non-profit one, is the main character in the management of this organization. The responsibilities corresponding to the position of the chairman are determined by special instructions. It is drawn up on the basis of the Federal Law - Law No. 66. Let's consider the key points of this document:

The chairman is hired by members of the gardening community, and they can also dismiss him from his position, but only by agreeing on their decision at a general meeting.
The chairman is elected at a general meeting or for authorized persons (with the obligatory execution of a corresponding written resolution).
The term of office for this official is two years.
He may have the following employees subordinate to him:
- deputy (in the absence of the chairman, works in his place);
- secretary (maintains documentation, files of partnership members, owners of garden plots, etc.).

Taxation of SNT

Of course, each member of the SNT has the opportunity to leave the partnership and individually work on their gardening plot. At the same time, it is necessary to clearly understand that the owner must independently pay money for various services of third-party organizations, as well as pay the partnership for the use for its own purposes of objects that belong to the partnership, for example, access roads or internal roads. To do this, a special agreement must be drawn up, which will reflect all the essential points of this agreement.

solving general socio-economic issues that arise for owners of gardening plots;
protecting the interests of SNT members before government agencies or commercial organizations;
organization of settlements with enterprises providing services to the gardening partnership.

Moscow Union of Gardeners

Refusing Kozlovskaya R.F. in satisfying the claims, the court of first instance came to the conclusion that between Kozlovskaya R.I. and an employment relationship arose with SNT “Lift” DD.MM.YYYY, which terminated DD.MM.YYYY. The plaintiff learned about the violation of her right - late payment of wages on July 4, 2009, and only went to court to protect the violated right on January 22, 2013. Since she, without a good reason, missed the deadline established by Article 392 of the Labor Code of the Russian Federation for protecting the violated right, this is grounds for refusing to satisfy her claims without resolving the dispute on the merits.

Under such circumstances, the refusal to satisfy the plaintiff’s claims due to the missed statute of limitations is justified. In accordance with the rules established by Article 152 of the Civil Procedure Code of the Russian Federation, such a decision can be made by the court in a preliminary court hearing without consideration of the merits.

Horticultural non-profit partnership: protocol

date, time and place of the board meeting;
information about the number of elected board members, as well as about those who specifically take part in the meeting;
information about the secretary who is selected to conduct the meeting;
agenda, summary of speeches by board members and participating persons on each issue;
the decisions that were made on each of the issues under consideration, indicating the results of the vote.

On the third issue, Petrovich Ivan Stepanovich was heard - on the issue of holding elections of commissioners in 2019. The term of street commissioners ended in May and June of this year. Therefore, it is necessary to hold elections of commissioners on every street during August and September. According to the SNT Charter, there is one authorized representative from twenty members of the partnership. In order to hold a legitimate reporting and re-election meeting in January and February 2019. I propose to provide the former commissioners with election protocols, hold meetings on the streets, and notify the members of the partnership about the selection of commissioners.

Legal validity of the new chairman of SNT

Of course, accounting is done, and this is why this question arose. The previous chairman himself collected membership fees and himself took from the cash register his salary, the amount of which was established by the general meeting. He resigned on June 14, 2014 and took his salary for the entire month of June. Please tell me if he is right, if not, then how can I recover the overpaid salary from him? Thank you.

Usually, the minutes of the General Meeting on the election of the chairman also indicate his term of office; this is very important for maintaining a bank account - based on the minutes, information about the term is entered so that the bank can know from what point and until what point this person is authorized to manage funds.

The former chairman of our horticultural non-profit partnership, during his reign, entered into an employment contract with himself and established a monthly salary. Are his actions legal? M. Semenova, Naro-Fominsk district, Moscow region.

The activities of Gardening Non-Profit Partnerships are carried out on the basis of the Federal Law of April 15, 1998 No. 66-FZ “On Gardening, Trucking and Dacha Non-Profit Associations of Citizens” (hereinafter referred to as Federal Law No. 66-FZ) and the Charter of the Partnership.

In accordance with Article 20 of Federal Law No. 66-FZ, the governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, the chairman of its board. By virtue of Article 23 of Federal Law No. 66-FZ, the board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the board members for a period of two years.

The exclusive competence of the general meeting of SNT includes, among other things, the election of the chairman of the board and the early termination of his powers.

Document, confirming the powers of the chairman of the board of SNT, is an extract from the decision of the general meeting on his election. The bodies of a legal entity, including the chairman of the board, cannot be considered as independent subjects of civil legal relations and are part of the legal entity. In accordance with Article 21 of Federal Law No. 66-FZ, the exclusive competence of the general meeting of the partnership also includes resolving issues regarding the promotion of members of the board. Payment of wages, which your chairman of the board set for himself, was set by him illegally.

Moreover, the right to receive wages, in accordance with the Labor Code of the Russian Federation, has an employee - an individual who has entered into an employment relationship with the employer. The chairman of the board of the partnership, as already mentioned, is not an employee of SNT, and is not a person who has entered into an employment relationship with the partnership. Consequently, there is not and cannot be a labor relationship between the chairman of the board of the partnership and the partnership as a legal entity, and therefore their relationship is not regulated by the Labor Code of the Russian Federation.

Is it legal in SNT to pay an individual’s salary? persons are accrued a regional coefficient at the expense of gardeners' membership fees; SNT does not have any additional income.

Hello, such an accrual is absolutely legal, because salaries in SNT are made precisely at the expense of membership fees. Thank you for your contact to our website, good luck to you and all the best.

This is illegal, since in this case there are no legal grounds for charging a district coefficient on membership fees, so you have the right to refuse to pay contributions in an amount increased by the coefficient

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

Is it necessary to annually index the salaries of employees of gardening non-profit partnerships (SNT - a legal entity), as well as concierges in residential buildings?

Need to.
Ensuring an increase in the level of real wages includes indexation of wages in connection with rising consumer prices for goods and services. State bodies, local government bodies, state and municipal institutions carry out wage indexation in the manner established by labor legislation and other regulatory legal acts containing labor law norms, other employers - in the manner established by the collective agreement, agreements, local regulations.