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Legal regulation of work of CEO in Russia and Germany

Student: Mukhgalin Aleksandr

Supervisor: Olga Y. Pavlovskaya

Faculty: Faculty of Law

Educational Programme: Legal Support of Personnel Management (Master)

Year of Graduation: 2018

This student dissertation considers to legal regulation of work of CEO in Russia and Germany The author analyzes the Russian and German legislation establishing the legal basis for the activities of the CEO and analyze the content of contracts with the CEO in Russia and Germany. As a result of the research the author comes to the following conclusions: (1)enshrining of the concept of " CEO " the Russian employment legislation due to historical development, then the German way of formation of the concept of " CEO " (Leitender Angestellter) due to the reform of the German civil code (Bürgerliches Gesetzbuch, BGB) and the development of the labour Law (Betriebsverfassungsgesetz, BetrVG); (2)German law allows in the employment contract with the CEO to provide for different legal structures, for example, conditions about the competition (Wettbewerbsvereinbarung) various penalties (Vertragsstrafe) for breach of contract of hiring of services, results of intellectual activities (Erfindungen), etc. In Russia "competition clause" in the employment contract with the CEO does not meet part 2 of article 9 of the labour code, articles 56-57 of the LC RF; (3) limitation of the amount of compensation to the head of the organization (article 279 of the Labour Code of the Russian Federation) is relevant only for companies with state participation and state corporations, but not for private organizations. In this diploma also discusses the criteria for determining the severance pay (Abfindung) for the termination of the contract with the head of the organization, taking into account the legal positions of the Supreme court of the Russian Federation and BAG. Moreover, the author underlines to the need to changes the rules of Russian corporate laws and the Labour Code of the Russian Federation, providing for the indication of a particular person who is authorized to formulate the terms of the employment contract with the CEO.

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