The procedure for the dismissal of the director of the LLC at his own request. Sample letter of resignation for CEO

Termination of an employment relationship with a manager is a procedure that has some features that distinguish the process from terminating an agreement with an ordinary ordinary employee. Despite the existing features, the obligatory document on the basis of which the director’s activities in the organization ends is an order to dismiss him. For this, a standard form T-8 can be used.

Features of termination of the employment contract with the head is a special set of grounds for the Labor Code of the Russian Federation for the dismissal procedure. Of course, the director of an LLC can quit himself by writing a statement of his own free will. In this case, it is required to convene a general meeting of the founders of the LLC. The director is required by law to work for 1 month, after which he completes his labor process at this enterprise. The application is drawn up in free form, after which an order for dismissal is formed at will, its sample for the director of an LLC is given below.

In addition to terminating the contract at will, there are a number of other grounds:

• expiration of the period of validity of the employment contract, if it is urgent (from clause 2 of article 77 of the Labor Code of the Russian Federation);
• agreement of the parties (clause 1, article 77);
• bankruptcy, liquidation of an LLC (clause 1, article 81);
• change of owner by the company (clause 4, article 81);
• commission of an act that led to significant damage to the LLC (clause 9 of article 81);
• gross violation of duties (clause 10, article 81), etc.

Regardless of the reason for the dismissal of the director, it is required to organize a general meeting of the founders of the LLC to discuss the issue of terminating the employment contract with the current head and choosing his successor. The result of the meeting should be a protocol, which serves as a reason for drawing up an order to dismiss, along with a statement from the director (if he wishes).

How to draw up for termination of relations with the head of the LLC

It is recommended to use the standard form T-8, it is compiled on the last day of the head's work on the basis of the Minutes of the general meeting (Decision of the sole founder of the LLC), as well as other documents, the list of which depends on the reason for termination of employment.

For example, upon dismissal of one's own free will, this is a statement from the director. Upon termination of the contract by agreement of the parties - a bilateral agreement. In case of exceeding official powers, gross violation of duties - documents confirming the guilt of the head.

The peculiarity of the dismissal procedure in relation to the general or other director is also in the mandatory conduct of the inventory process due to the liability of the head in full. Identification of a shortage will require the director to compensate the organization's losses in full.

The notice of dismissal states:

• where and when the document was drawn up;
• what number is assigned - all personnel orders must be registered in the journal with the assignment of a number;
• which employee is to be dismissed - the full name of the head, the exact wording of the position;
• reason - the phrase from the Labor Code of the Russian Federation is rewritten indicating the clause and article of the code, for example, when terminating the contract at one's own will, the wording from clause 3 of article 77 is taken;
• documentary justification for filling out an order in the T-8 form, this is necessarily the Minutes of the general meeting of the LLC (or the decision of the founder), as well as additional documents depending on the reason for dismissal.

Who signs the order when terminating the contract with the director? The right to sign belongs to the head, therefore the order on his dismissal is signed by the director himself.

The dismissal of a director is a procedure that has some features that distinguish the process from terminating an employment contract with an ordinary ordinary employee. Despite the existing features, the obligatory and main document on the basis of which the labor activity of the head in the organization ends is the order to dismiss him. For this, a standard form T-8 can be used, a sample of filling out an order upon dismissal of the director (general) of an LLC, see below.

The peculiarities of terminating an employment contract with a manager lies in a special set of grounds under the Labor Code of the Russian Federation for carrying out the dismissal procedure. Of course, the director of an LLC can quit himself by writing a statement of his own free will. In this case, it is required to convene a general meeting of the founders of the LLC. The director is required by law to work for 1 month, after which he completes his labor process at this enterprise. The application is drawn up in free form, on the basis of which an order is drawn up for dismissal of one's own free will, its sample for the director of an LLC is given below.

In addition to terminating the contract at will, there are a number of other grounds:

• expiration of the period of validity of the employment contract, if it is urgent (grounds from clause 2 of article 77 of the Labor Code of the Russian Federation);
• agreement of the parties (clause 1, article 77);
• bankruptcy, liquidation of an LLC (clause 1, article 81);
• change of owner by the company (clause 4, article 81);
• commission of an act that led to significant damage to the LLC (clause 9 of article 81);
• gross violation of duties by the head (clause 10 of article 81), etc.

Regardless of the reason for the dismissal of the director, it is required to organize a general meeting of the founders of the LLC to discuss the issue of terminating the employment contract with the current head and choosing his successor. The result of the meeting should be a protocol, which serves as the basis for drawing up a dismissal order, along with a statement from the director (in case of his own desire).

How to draw up an order to dismiss the director of an LLC

It is recommended to use the standard form T-8, it is compiled on the last day of the head's work on the basis of the Minutes of the general meeting (Decision of the sole founder of the LLC), as well as other documents, the list of which depends on the basis for termination of employment.

For example, upon dismissal of one's own free will, this is a statement from the director. Upon termination of the contract by agreement of the parties - a bilateral agreement. In case of exceeding official powers, gross violation of duties - documents confirming the guilt of the head.

The peculiarity of the dismissal procedure in relation to the general or other director is also in the mandatory conduct of the inventory process due to the liability of the head in full. Identification of a shortage will require the manager to compensate for the losses of the organization in full.

The notice of dismissal states:

• where and when the document was drawn up;
• what number is assigned - all personnel orders must be registered in the journal with the assignment of a number;
• which employee is to be dismissed - the full name of the head, the exact wording of the position;
• grounds for dismissal - the phrase from the Labor Code of the Russian Federation is rewritten indicating the clause and article of the code, for example, when dismissing at will, the wording from clause 3 of article 77 is taken;
• documents on the basis of which an order is filled out in the T-8 form, this is necessarily the Minutes of the general meeting of the LLC (or the decision of the founder), as well as additional documents depending on the grounds for dismissal.

Who signs the order when terminating the contract with the director? The right to sign belongs to the head, therefore the order on his dismissal is signed by the director himself.

Sample design

Sample order for the dismissal of the director of an LLC at his own request - download.

Sample order for violations - download.

Director's dismissal order: sample filling, form download

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The grounds for the dismissal of the head of the enterprise (director), and therefore the grounds for drawing up an order to dismiss the director, may be as follows:

1. In connection with the bankruptcy of the company.

2. The director leaves due to the expiration of the employment contract.

3. At personal request (the dismissal order in this case is drawn up on the basis of the minutes of the extraordinary meeting of the founders).

4. For other reasons that must be specified in the employment contract.

When changing / dismissing the head of the organization, it is necessary to prepare the minutes of the general meeting of founders and dismissal order. The decision to dismiss a director is made at a meeting of founders based on the voting results.

After the members of the Company at the meeting decided to dismiss the director, an order is issued in free form to remove all powers to manage the organization.

In the order for the dismissal of the director, it is necessary to draw up a header (name of the Company and its organizational and legal form), number, place and date of creation of the order. Further, the title briefly indicates the content of the order (it is not necessary to write “on the dismissal of the general director”, it will also be correct in the example we have indicated).

The text indicates the reason why the director removes the authority of the manager, and a link to the document on the basis of which this order was drawn up. In the event of his own dismissal, the director himself can sign dismissal order, since, according to the law, only the executive body of the Company has the right to sign orders on personnel. And that in this case is the CEO.

When the director of the company is dismissed, appropriate entries are made in his work book according to the general rules within the framework of the following regulations: instructions for filling out work books, Article 66 and Article 84.1 of the Labor Code of the Russian Federation, as well as the Rules for maintaining and storing work books. After registering the dismissal in the work book, the dismissed general director himself signs and certifies with a seal. A dismissal record can also be made by a personnel employee, if such is on the staff.

During the extraordinary meeting, the founders agree on the date of the upcoming voluntary dismissal of CEO, and can also agree with him on a longer period of working out, necessary to search for a new candidate for the position of the head. If an agreement between the employer and the employee is not reached, the latter has the right to resign without the consent of the founders. The main thing at the same time is to follow the procedure, as required by law.

Order on the dismissal of the CEO at his own request, a sample order

The head of the organization can issue and sign an order to leave on his own after the meeting. It specifies:

• company name and details;
• information about the dismissed person;
• reasons for dismissal;
• date of departure of the CEO.

In this case, as a rule, the unified form of document No. T-8 is used, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms of documents ...” dated 01/05/2004 No. 1. However, the use of this particular template is not mandatory, the employer, if desired, has the right to independently develop a form document. The current sample of the order to dismiss the head of the organization can be downloaded on our website.

Entering an entry in the work book and settlement with the gene. director

An entry in the labor head of the organization can be made independently or entrusted to an authorized person of the organization. He also has the right to certify it with his signature and the seal of the organization (if any). The main thing is to comply with the requirements of the instructions for filling out work books, approved. Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69:

1. Complete all sections of the document.
2. Use Arabic numerals when filling in.
3. Do not allow abbreviations and corrections in the records.
4. Clearly state the reason for leaving.
5. Add a reference to the legislative norm that became the basis for the termination of the employment relationship.
6. Specify the details of the order to terminate the contract between the dismissed person and the employer.

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At voluntary dismissal of the CEO he can count on payments and compensations stipulated by law: salary for hours worked, compensation for unused vacation, etc. In addition, the former general director hands over the affairs to the new head of the organization. In the event of the temporary absence of a legal successor, the ex-head may:

• continue independent storage of the seal and documents of the organization;
• entrust the storage of a special archival organization;
• transfer the documents and seal to the notary for safekeeping.

The right to store documents to notaries is granted by Art. 97 "Fundamentals of the legislation of the Russian Federation on notaries" dated February 11, 1993 No. 4462-1. When transferring, it must be remembered that documents are received and stored on behalf of the organization. This gives the right to the new head of the company at any time to pick up documents and seals.

Does the procedure for dismissing the CEO of an organization at his own request provide for notification of the tax service?

The answer to this question is contained in "l" p. 1 and p. 5 Art. 5 of the Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated 08.08.2001 No. 129-FZ, which require information on the dismissal of the director of a legal entity (including at his own request) and a change in the executive body of the company to be submitted to the tax authority. To do this, you must submit to the tax office an application drawn up in the form P14001, having previously certified it with a notary. The application is submitted by the newly appointed head of the company within 3 days from the date of appointment, after which the tax authority enters information about the new head into the Unified State Register of Legal Entities.

A person dismissed from the position of the general director must make sure that his data is removed from the Unified State Register of Legal Entities. An unscrupulous approach to this issue can cause trouble in the future: problems in finding a manager in another organization, the danger of liability for the company's debts in the event of bankruptcy, etc. If a new head of the company has not been appointed, the application can be signed and submitted by the former CEO .

Features of the procedure for the dismissal of the general director - a pensioner at his own request

The process of voluntary dismissal of a person who has reached retirement age has one peculiarity: such an employee has the right not to work out the period provided for by law (part 3 of article 80 of the Labor Code of the Russian Federation). Thus, the head of the organization, who is an old-age pensioner, is not obliged to meet the deadline for leaving work.

However, it is still necessary to comply with the formal dismissal procedure (notify the founders, convene an extraordinary meeting of the company's participants and make a decision on the dismissal of the retired manager) is still necessary. In the entry in the work book, it is necessary to indicate that the reason for the termination of the employment relationship was retirement.

The procedure for the dismissal of the general director at his own request - the sole founder of the company

In the case when the head is both the sole organizer of the company and its owner, the procedure dismissal of the CEO at his own request is greatly simplified. According to part 2 of Art. 273 of the Labor Code of the Russian Federation, the norms of labor regulation of the head do not apply to such an employee.

In this situation, the head of the organization can at any time independently write a corresponding statement and decide on his dismissal. That is, the duration of the process is significantly reduced, since there is no need to notify yourself of the upcoming dismissal, wait 1 month and organize a meeting of participants. Simultaneously with the decision to dismiss, the sole founder can appoint the head of the company.

Responsibility of the CEO after dismissal

The job of a leader is about making difficult decisions. Responsibility for his actions and decisions - both material and criminal - if there are grounds for its occurrence, he will bear even in the event of dismissal from office.

So, the material responsibility of the head arises in the following cases:

• in case of loss of property;
• damage to the property of the organization;
• unforeseen expenses of the enterprise;
• loss of profit by the company due to the fault of the head.

As a rule, these circumstances are discovered after the audit in the company. The employer of the dismissed head of the organization may file a claim with the court demanding compensation for the damage caused by the actions of the general director. If the claims are satisfied, the recovery may be directed to the property of the former employee.

Illegal actions of a leader may be grounds for bringing to criminal responsibility under the following conditions:

1. In his actions (inaction) there is a corpus delicti.
2. The guilt of the leader is documented.
3. The statute of limitations has not expired.

In conclusion, it remains to say that the best solution would be peaceful negotiations and mutually beneficial agreements between the head of the enterprise and the founders, since they allow you to avoid litigation and quickly fire the CEO.

Who signs the order to dismiss the director of the LLC?

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Who signs the order to dismiss the director of the LLC? This question is asked by everyone who first encounters a change or prolongation of the powers of the head of the enterprise. In our article you will find a reasonable answer to it.

How are the powers of the one who signs the order to dismiss the CEO regulated?

Although the head of an enterprise as an employee does not have a special status under the Labor Code of the Russian Federation, the head of an organization is still a specific position, since the granting or removal of the powers of the sole executive body of a legal entity occurs solely at the behest of its founders. At the same time, the law "On LLC" dated February 8, 1998 No. 14-FZ provides the general director with the right to sign any documents related to the business activities of the entrusted enterprise.

You can dismiss a director for many reasons - violation of the labor code, abuse of authority, a single gross violation, agreement of the parties, termination of the employment contract, the director's (general's) own desire. All grounds are spelled out in the Labor Code of the Russian Federation.

The following circumstances serve as the grounds under which the head of the company may be subject to dismissal:

• in case of bankruptcy of the enterprise;
• the term of the employment contract has expired;
• when the head expresses his own desire (in this case, an extraordinary meeting of the constituent council is initiated);
• the occurrence of other reasons prompting dismissal (their list is indicated in the employment contract and the labor code).

How is an order issued?

The procedure for dismissal of the general or other director of an LLC involves the implementation of the following specific steps:

1. the process of registering a statement of the first head with intentions to resign (for some cases, this stage is not a mandatory action. If the director leaves of his own free will, then the statement is mandatory);
2. convening a meeting of founders, where a vote is held on the dismissal of a particular leader, and a new successor is also outlined (a meeting minutes is prepared, which reflects all the points under consideration and the decisions made);
3. preparation of an appropriate order to terminate the employment contract with the director (form T-8);
4. fixing an entry in the work book (a link is made to the details of the protocol indicated earlier) with mandatory certification by a seal.

In the event that the constituent assembly failed to decide on the candidacy of the future leader, the vacancy may be temporarily occupied by the chief accountant, who has the right to sign local documents related to the personnel sphere.

Features of preparation

After the decision of the constituent assembly on the dismissal of the head is made, an appropriate order is drawn up in the specified form, which reflects the following main features.

• The heading of the document is drawn up, where all the details of the company are indicated (name, type of legal form, etc.).
• The following is the date and place of the order.
• After the title of the document, a heading should be indicated in which it is necessary to indicate the semantic load of the main action to which it is focused - on the dismissal of the director.
• The text deciphers the reason on the basis of which the decision to dismiss was made. You should indicate a link to the document that caused the need to issue an order (minutes of the meeting and its details).
• The dismissed leader has the right to sign the order himself, since only he has been delegated the right to sign documents aimed at personnel transformations.

Important subtleties

According to the legislative framework (clause 1, article 243, article 277 of the Labor Code), the first head is a materially responsible employee. Therefore, upon his dismissal, it is required to initiate the start of work of the inventory commission, which will be charged with the assignment of recalculating material assets. Such an order is subject to issuance to the executors by the dismissed director personally. Based on the results of the work of this commission, a number of conclusions are made:

• about the safety of material values ​​or, conversely, their loss;
• with what efficiency the dismissed manager performed his functions and how his activity was reflected in the indicators of the company's economic activity.

If any damage is discovered, the director is obliged to compensate it in full.

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Sample order for the dismissal of the director of an LLC at his own request -.

On termination of the contract with the General Director for violations -.

Legal Advice > Employment Law > Who Should Sign the CEO's Dismissal Order

Despite the fact that the general director of an LLC may be one of the founders, or the only founder, he will be an employee of the enterprise. Therefore, when registering an employment relationship with him, all the required documents must be drawn up, as well as when terminating an employment relationship.

Dear readers! The article describes typical ways of how to solve legal problems. Your case is individual.

Grounds for termination of employment relations with the General Director

The CEO is first and foremost an employee

Since the general director is one of the employees of the enterprise, he can quit on the same grounds as all other employees. But at the same time, due to the specificity of his position, there are a number of reasons for the termination of labor relations, established specifically for the heads of enterprises.

General grounds - on general grounds, an employment contract is terminated both at the initiative of the employer and at the initiative of the employee. Reasons for termination at the initiative of the employer:

• single gross violation;
• repeated violations of labor discipline and job description in the presence of previously imposed penalties;
• loss of trust;
• expiration of the employment contract, etc.

The termination of an employment contract is the most common reason, since, as a rule, a fixed-term employment contract is drawn up with the general director. At the same time, no one can forbid the CEO to submit a letter of resignation of his own free will, like all other employees.

In this case, there is only one difference. If an ordinary employee is obliged to notify the employer of the upcoming dismissal at least 14 days in advance, then in the case of the general director, this period is increased to 1 month.

That is, a person who holds the position of General Director has the right to submit a letter of resignation to the general meeting of founders and, after this period, terminate his labor activity, regardless of whether there was a meeting of shareholders during this period.

As well as when dismissing an ordinary employee in the case of the general director, the employer (general meeting or one authorized person) can, in agreement with the employee, reduce the notice period, even dismiss him on the same day.

In the case when the general director is the sole founder of the LLC, filing a letter of resignation turns into a formality necessary to comply with the requirements of labor legislation when registering employees.

It is also possible to terminate the employment contract between the CEO and the owners of the organization by agreement of the parties.

Special grounds

Record in the labor of dismissal

Nevertheless, the position of the general director cannot be fully equated with other positions due to the great responsibility and specifics of labor activity. Therefore, for the termination of the employment relationship for her, there are additional grounds:

1. change of the owner of the enterprise, and it can be applied regardless of whether the person acting as general director is or was one of the founders;
2. adoption by the general meeting of a decision on the removal of the general director from work;
3. infliction of losses or damage to the company's property due to incorrectly made decisions, in other words, in the case of inefficient management of the LLC;
4. removal from the management of the organization after the commencement of the bankruptcy procedure, in which case, as a rule, a bankruptcy trustee is appointed;
5. in case of disqualification of the CEO, for example as an administrative penalty. or court decisions.

All these grounds can be called coming from the employer, that is, for additional grounds, termination occurs at the initiative of the employer. In any case, whatever the grounds that served to terminate the employment relationship with the employer, it must be documented, and most importantly, correctly executed, especially if the person who held the position of the head was involved from outside, and was not one of the founders.

Registration of termination of employment relations with the General Director

The dismissal of the CEO carries some peculiarities of the procedure

First of all, it is necessary to determine the grounds for dismissal and the terms of the warning. As mentioned above, in case of termination at the initiative of the employee, the notice period is 1 month. If the employee's employment contract expires and he will not renew it, he must be warned 3 days in advance. This is required by general labor law if a specific date is specified in the employment contract.

That is, if the general director's contract does not specify a time period, but the onset of a specific event, then a warning is not necessary. A person authorized to do so by the general meeting warns the general director of dismissal.

In the case when the dismissal occurs for other reasons emanating from the employer, there are no specific deadlines. Before you issue an order, you need to document the dismissal of an employee. In the event that this application is of one's own free will, or the end of the term of the employment contract, additional documents are not required.

When the decision to dismiss is made at the general meeting of the founders, it is obligatory to keep written minutes and the decision made by the meeting, on the basis of which the order is issued. Upon dismissal for various violations, an internal investigation should be carried out, drawn up in accordance with all the rules.

After that, an order is made. It must be signed by the CEO himself, since it is he who is authorized to sign all the administrative documents of the organization. In some cases, such an order may be signed by the successor in the position of general director.

In cases where the signing of the order personally by the general director is not possible, the general meeting may authorize one of the members to do so. There is another way to formalize the termination of labor relations with the general director, it is recommended by Rostrud: “All issues related to the formalization of the dismissal of the head are decided by the owner of the organization or a person authorized by him. The order to dismiss the head is not issued. In the work book in column 4, the decision of the owner is indicated.

In practice, this recommendation is implemented as follows: regardless of the grounds for dismissal, a decision is made by the general meeting of founders. That is, something like this: “The general meeting of Romashka LLC considered the letter of resignation (materials of the internal investigation) and made a decision ...” In this case, the details of the decision made by the general meeting are indicated in the work book. If an order was issued, then it is put down in the work book.

We must not forget that the work book and all payments due to the general director must be returned within the same time frame as an ordinary employee, even if he is fired for negative reasons.

The correct and complete execution of documentation related to the dismissal of the CEO will allow the organization to avoid the imposition of sanctions during the inspection by employees of the labor inspectorate and if the dismissed employee begins to challenge his dismissal.

Read also: Inventory of the reserve for vacation pay - sample

But the video material will acquaint you with the features of hiring the CEO:

Who signs the order to dismiss the director of the LLC?

Who signs the order to dismiss the director of the LLC? This question is asked by everyone who first encounters a change or prolongation of the powers of the head of the enterprise. In our article you will find a reasonable answer to it.

How are the powers of the one who signs the order to dismiss the CEO regulated?

Although the head of an enterprise as an employee does not have a special status under the Labor Code of the Russian Federation, the head of an organization is still a specific position, since the granting or removal of the powers of the sole executive body of a legal entity occurs solely at the behest of its founders. At the same time, the law "On LLC" dated February 8, 1998 No. 14-FZ provides the general director with the right to sign any documents related to the business activities of the entrusted enterprise.

This means that the CEO has the right to sign the order of his departure, subject to the general procedure for changing the head. But by its own power, the meeting of founders of an LLC can also appoint another employee or member of the company - the one who signs the order to dismiss the director, which should be mentioned in the decision to remove powers. In addition, the termination of such an employment contract can be formalized by the decision itself without drawing up an order.

In the work book of the general director, both the personnel order and the protocol of the meeting (decision) of the participants in the LLC are allowed to be used as grounds for dismissal.

Sample letter of resignation for CEO

The departure from work of the head of the enterprise is carried out on the grounds specified in Art. 77, 81, 83, 278 of the Labor Code of the Russian Federation. In case of dismissal on his own initiative, unlike other employees, the general director is obliged to notify the founders of his decision one month in advance. The corresponding personnel order can be drawn up according to the following model:

In this case, the signatory will be either the director himself, or one of the founders, or another employee of the organization appointed by the meeting of participants in the LLC.

IMPORTANT! After the departure of the CEO, a new leader should be appointed immediately. Although the legislation on LLC does not provide for such an obligation, it also does not provide for the possibility of conducting business activities without a sole executive body.

The dismissal of the head of the organization is a procedure that can be performed without drawing up a personnel order. But if it is available, both the general director himself and the person appointed by the owners of the enterprise can act as a signatory.

Who has the right to sign an order to dismiss the director of an LLC if the director himself refuses to do so?

The powers of the director of the LLC were terminated ahead of schedule (due to loss of confidence). The part-time director is one of the founders. The decision was made by majority vote. The director, of course, is against it and refuses to sign the dismissal order. Who in this case has the right to sign this order?

Lawyers Answers (3)

It is drawn up by the decision of the participants and the signatures of the participants who voted for the displacement.

Have a question for a lawyer?

Anastasia, if the powers of the Director are terminated by the meeting of participants in the LLC, i.e. in this case the order is not required.

A decision on termination of powers and termination of the employment contract is required.

If you still want to make an order for the personnel service, it can be signed by one of the participants endowed with such a right by the decision of the general meeting of participants or a new Director.

Clarification of the client

Andrey, thanks for the answer. With the order now everything is clear. There is another question.

As I already wrote, the decision to change the director was made by a majority of votes. The meeting of participants was attended by only one participant (possessing a “majority vote”) and, accordingly, the decision was made by the only participant in the meeting. Another founder (aka the Old Director, who has a “minority of votes”) did not appear at the meeting and is not going to appear in the future. The decision is notarized. But it does not specify which of the founders from the Company is empowered to sign an employment contract with a new director. What to do in this case? Is it really possible to convene a meeting of founders again and put on the agenda the issue of the authority to conclude an employment contract, observing this tediously long procedure of prior notification, etc.? (another founder, who is also the Old Director boycotts this issue in every possible way)? Or is there something easier to do?

Who in this case has the right to sign this order?
Anastasia

In this case, such an order is optional.

Director's dismissal order: sample filling, form download

The grounds for the dismissal of the head of the enterprise (director), and therefore the grounds for drawing up an order to dismiss the director, may be as follows:

1. In connection with the bankruptcy of the company.

2. The director leaves due to the expiration of the employment contract.

3. At personal request (the dismissal order in this case is drawn up on the basis of the minutes of the extraordinary meeting of the founders).

4. For other reasons that must be specified in the employment contract.

When changing / dismissing the head of the organization, it is necessary to prepare the minutes of the general meeting of founders and dismissal order. The decision to dismiss a director is made at a meeting of founders based on the voting results.

After the members of the Company at the meeting decided to dismiss the director, an order is issued in free form to remove all powers to manage the organization.

In the order for the dismissal of the director, it is necessary to draw up a header (name of the Company and its organizational and legal form), number, place and date of creation of the order. Further, the title briefly indicates the content of the order (it is not necessary to write “on the dismissal of the general director”, it will also be correct in the example we have indicated).

The text indicates the reason why the director removes the authority of the manager, and a link to the document on the basis of which this order was drawn up. In the event of his own dismissal, the director himself can sign dismissal order. since, according to the law, only the executive body of the Company has the right to sign orders on personnel. And that in this case is the CEO.

When the director of the company is dismissed, appropriate entries are made in his work book according to the general rules within the framework of the following regulations: instructions for filling out work books, Article 66 and Article 84.1 of the Labor Code of the Russian Federation, as well as the Rules for maintaining and storing work books. After registering the dismissal in the work book, the dismissed general director himself signs and certifies with a seal. A dismissal record can also be made by a personnel employee, if such is on the staff.

In column 4 of the work book, be sure to indicate a link to the decision of the owners.

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Read also: Order to amend the vacation schedule

Who must sign the order to dismiss the general director of an LLC due to the expiration of his term of office.

As a general rule, the dismissal of an employee is formalized by order of the employer (Article 84.1 of the Labor Code). But the head of the company is a special employee, and his dismissal also takes place in a special order. The basis in this case may be the decision of the authorized body of the employer (Article 278 of the Labor Code of the Russian Federation). In an LLC, it is the general meeting of participants (clause 1, article 40 of the Federal Law of February 8, 1998 No. 14-FZ). The decision of the general meeting will be enough to terminate the employment contract with the former leader. The details of this document will be the basis for making a record of dismissal in the work book.

Answered by Lyubov Kotova,

Head of the Division for Regulatory and Legal Regulation of Insurance Contributions of the Tax and Customs Policy Department of the Ministry of Finance of Russia

“Now on the title page of the calculation there are fields “OKVED code”, “Number of working disabled people”, “Number of workers employed in work with harmful and dangerous factors”. Previously, you indicated this data in section II. The new form of the report does not contain either Section I or Section II. Instead, there are six tables. How to fill them? Read the recommendation. There you will also find a ready-made calculation example.

Organizational orders may be issued only by the sole executive body. Therefore, even in the event of the dismissal of the head, the director himself issues the order to do so. The order may use, for example, the following wording: consider dismissed from "___" _____ 2014 (Article 278, clause 2 of the Labor Code of the Russian Federation). Reason: decision of the general meeting of founders No. ___ dated "___" __________ 2014". Or like this: resign as CEO

"" with ______ on the basis of the Minutes of the General Meeting of Founders No. ___ dated "___" __________ 2014.

In this case, you can not draw up an order from the head of the dismissal at all. It is possible to make a calculation and issue a labor contract on the basis of a written order of the participant who signed an employment contract with the director.

The rationale for this position is given below in the materials of "Systems Glavbukh" and "Sistema Glavbukh" vip version.

1. Situation: Who must sign an employment contract with the CEO on behalf of the organization

On behalf of the joint-stock company, the employment contract with the general director must be signed by the chairman of the board of directors (or the supervisory board). It can also be a person who is authorized by this governing body. This is stated in paragraph 3 of Article 69 of the Law of December 26, 1995 No. 208-FZ.

In an LLC, an employment contract on behalf of the organization must be signed by one of the following persons:

• the chairman of the general meeting of participants or a member of the company who is authorized by the decision of the general meeting;
• the chairman of the board of directors (supervisory board) of the company or a person authorized by the decision of the board of directors (supervisory board) if the resolution of such issues is referred by the charter to the competence of these structures of the company.

For other organizations, special rules are not provided, so the contract on behalf of the organization has the right to sign a person authorized to decide on the appointment of the general director to the position. It can also be the one who heads the relevant governing body.

Additional grounds for dismissal

The employment contract with the General Director can be terminated for additional reasons:

• in connection with the removal from office in accordance with the legislation on insolvency (bankruptcy). If bankruptcy proceedings have been initiated against the organization, the arbitration court may remove the head of the debtor organization from office at the request of the organization’s temporary property manager (Article 69 of the Law of October 26, 2006 No. 127-FZ);
• in connection with the adoption by the authorized body of the organization (board of directors, general meeting of participants, general meeting of shareholders, manager) or the owner of the property (authorized person) of the organization of a decision on the early termination of the employment contract (paragraphs 1 and 2 of article 32, subparagraph 4 of paragraph 2 article 33 of the Law of February 8, 1998 No. 14-FZ, paragraph 3 of article 69 of the Law of December 26, 1995 No. 208-FZ). A similar decision may be made by the owner of the property of a unitary enterprise in accordance with the Procedure. established by Decree of the Government of the Russian Federation of March 16, 2000 No. 234 (clause 2 of article 278 of the Labor Code of the Russian Federation). Upon termination of the contract on the indicated grounds, pay compensation to the General Director not less than in the amount of three average monthly earnings (Article 181. 278 of the Labor Code of the Russian Federation, ruling of the Constitutional Court of the Russian Federation of April 12, 2005 No. 116-O. Resolution of the Constitutional Court of the Russian Federation of March 15 2005 No. 3-P);
• on the grounds provided for by the employment contract with the head of the organization (clause 13, part 1, article 81, article 278 of the Labor Code of the Russian Federation). For example, for failure to comply with the decision of the general meeting of participants (shareholders), causing losses to the organization or damage to its property.

Additional grounds for the dismissal of the CEO are provided for in Article 278 of the Labor Code of the Russian Federation.

To terminate the employment relationship with the General Director (regardless of the grounds), a decision of the owner of the property of the organization or the relevant authorized body is required. In joint-stock companies, this is usually a general meeting of shareholders or a board of directors (supervisory board) (clause 3, article 69 of the Law of December 26, 1995 No. 208-FZ). In limited liability companies - the general meeting of participants (subparagraph 4, paragraph 2, article 33 of the Law of February 8, 1998 No. 14-FZ). Document the decision to terminate the employment contract with the General Director in a protocol. If there is only one shareholder (participant) in the company, then issue the dismissal of the general director by the decision of the sole shareholder (participant).

Based on the decision, issue an order to dismiss the CEO in the unified form No. T-8 (Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

In the work book of the general director, make an entry about the dismissal with reference to the decision of the owners (details of the minutes of the general meeting or the decision of the sole founder), on the basis of which the general director is dismissed (clause 5.1 of the Instruction approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. section 1 of the instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Certify the record with the seal of the organization. Similar explanations are contained in the letter of Rostrud dated March 11, 2009 No. 1143-TZ.

An example of the dismissal of the CEO

General Director of CJSC Alfa A.V. Lvov was dismissed in connection with the adoption by the general meeting of shareholders of a decision on the early termination of the employment contract with him. The decision was made protocol .*

Deputy Head of the Federal Service for Labor and Employment

Termination of the contract

Director - the main executive body of the company. Without it, the functioning of any organization is not possible.

The functions of the employer in relation to the general director of the LLC are assigned to the general meeting of participants. Dismissal of the general director of an LLC at his own request is possible for various reasons, and no one has the right to forbid him to leave the organization.

The procedure for dismissal of the CEO at his own request consists of the following steps:

1. Preparation of a letter of resignation;

2. Notifying the members of the company about leaving the organization at their own request;

3. Holding a meeting of founders (to select a new director);

4. Issuance of an order to terminate employment;

5. Making an entry about the termination of the contract in the work book;

6. Issuance of the final settlement;

7. Issuance of a work book and other documents;

8. Notification of the tax authorities about the departure of the director of the enterprise (in order to exclude the data of the former head from the Unified State Register of Legal Entities).

To avoid questions from the labor inspectorate, it is necessary to fully comply with the procedure for terminating the contract with the director of the organization.

Notice of termination of the contract

Consider how the dismissal of the director of an LLC occurs at his own request. Registration begins with drafting.

Unlike other employees, the director of the organization writes a statement a month before the expected date of leaving the organization. There is an indication of this in Art. 280 of the Labor Code of the Russian Federation. The application is addressed to the general meeting of participants of the organization or the owner of the company.

The document must contain:

employee data;

employer data;

date of termination of the contract;

date of preparation of the document;

applicant's signature.

Also, the director must express his desire to leave the organization in a notice that should be given to the founders of the company.

Director's resignation notice

A month before leaving the firm, the manager must submit a notice to the employer about the desire to quit.

This document is sent by registered mail or handed over personally. It indicates a request to hold an extraordinary meeting of the participants or owners of the company. The document contains the following information:

the place of the meeting;

• questions to be discussed.

Coordination of dismissal with the founders of the organization

At the meeting, the founders discuss the dismissal of the CEO of their own free will. Members of the company do not have the right to refuse the manager to leave the organization earlier than the period specified in the contract.

During the meeting, the founders agree on the term for the dismissal of the general director at their own request. This is necessary in order to determine the time to search for a suitable candidate for the position of the resigning manager.

Dismissal of the CEO at his own request, sample order

Published on behalf of the founders of the company, based on the decision. The document states:

company name and details;

information about the person leaving;

reason for leaving the organization;

date of termination of the contract.

To issue an order, a unified form of document No. T-8, approved. Decree of the State Statistics Committee of the Russian Federation dated 05.01.04 No. 1. Also, the order can be issued on the company's letterhead.

Making an entry in the workbook

Entered by a member of the HR department. After that, the information is certified by the signature of the employer and the seal of the organization.

The document must indicate the reason for dismissal, indicating a link to the law. The basis is also indicated - an order or a decision.

final settlement

Upon dismissal of the first person, firms are required to pay:

salary for hours worked;

compensation for unused vacation;

other payments stipulated by the employment contract.

Also, the former general director transfers business to the new head of the enterprise. Legislatively, the procedure for the transfer by the head of papers related to the activities of the company, when he leaves the organization, is not established. If a successor has not yet been found, the files can be deposited with an archive or a notary.

Notification of the tax service about the dismissal of the head

According to sub. "l" p. 1 and p. 5 Art. 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated 08.08.01 No. 129-FZ, the organization is obliged to report to the tax office information about the departure of the head of the enterprise and the change in the executive body of the company. It should be submitted to the tax office. The document must be notarized. The application is submitted by the new CEO within three days from the date of appointment to the position. After that, the tax service enters information about the change of the head of the company in the Unified State Register of Legal Entities.

If no new CEO is selected, the application may be signed and submitted by the former CEO.

How can the CEO resign of his own free will if he is the sole founder of the organization?

Consider how to dismiss the director of an LLC at his own request in the case when the head is both the sole organizer of the company and its owner.

The first person of the company has the right to write a letter of resignation at any time and decide on his dismissal. There is no need to notify anyone of the impending dismissal. The maintenance procedure is significantly reduced. Simultaneously with the decision to dismiss, the sole founder may appoint a new CEO of the company.

Responsibility of the CEO after dismissal

The head is responsible for his decisions even in the event of dismissal from office.

It can be both material (in case of loss or damage to the property of the organization), and criminal (in case the head has committed illegal actions)

In this case, the former employer has the right to file a lawsuit in court demanding that the dismissed employee be held accountable. The maximum period during which a resigned manager can be brought to administrative punishment is one year from the date the violation was established. There is an indication of this in Art. 4.5 of the Code of Administrative Offenses, Art. 6.1 Code of Criminal Procedure, art. 78 of the Criminal Code of the Russian Federation.