THE SUPREME COURT OF THE RUSSIAN FEDERATION WILL CONSIDER THE DISPUTE ON THE RECOVERY OF LOSSES FROM THE EX-DIRECTOR

During the verification of the results of the defendant's activities, facts were revealed of the arbitrary issuance of orders by him to award himself, which led to him receiving remuneration in an amount greater than provided for in the employment contract. According to the participants, these actions form the composition of losses, since the approval of the participants, which was not received, is necessary for awarding the director.

Refusing to satisfy the claim, the courts proceeded from the fact that during the period of employment, the defendant conscientiously and efficiently performed his official duties. And according to the employment contract concluded with him, the employer has the right to take incentive measures and impose penalties on employees in accordance with the internal labor regulations and current legislation. For conscientious performance of work duties and achievement of high results, employees may be paid a bonus in the manner, terms and amounts determined by the regulations on remuneration and financial incentives.

The court of First instance noted that the general director did not make decisions on changing the size of his official salary, and in terms of incentive payments, the company's constituent and local documents do not explicitly prohibit the defendant from assigning incentive payments to himself as the general director.

As the Supreme Court pointed out, according to the applicant of the cassation complaint, the courts actually support the position that the executive body of the company, regardless of the will or approval of its founders, without any legal consequences, to accrue and pay itself bonuses and allowances in an unlimited amount. According to the court, this is not and is not regarded as unfair actions of the director to the detriment of the interests of the company. At the same time, the very fact of holding regular general meetings of participants in the company and the absence of disciplinary penalties from the general director is, in the opinion of the courts, an unconditional basis for the director to accrue bonuses to himself and an indisputable confirmation of the approval of these actions by the founders of the company.

Photo: Freepik