How to dismiss the head according to the law - draw up an order to dismiss the director. Who signs the order for the dismissal of the general director at his own request: a sample and important features Sample order for the dismissal of the director at his own request

In life, there are various situations when the founder is forced to make a decision to dismiss the director from his position. It happens that the director is also the sole founder of the enterprise, and then he himself will have to make a decision about his dismissal.

Grounds for dismissal of the CEO

The Labor Code of the Russian Federation provides for two articles on the basis of which a director can be dismissed:

1. Article 81 according to which dismissal may occur in case of unlawful actions of the head, as a result of which harm was caused to the employee and his health

2. Art.278 depending on the circumstances that have arisen by the decision of the owners

And also the director can independently write a letter of resignation either in case of liquidation of the organization or transfer to another place.

Important! In the event of liquidation of the organization, the director, as well as other employees, should be paid compensation in the amount of three salaries.

The procedure for dismissal by decision of the founder

If directors are dismissed by decision within the firm, the process includes the following steps:

Stages Detailed description
1. Gather all the foundersMake a decision on the dismissal of the General Director, fixing this with the protocol following the account
2. Based on the protocol, the personnel department issues a dismissal orderOrder in the standard form T-8, indicating the article of dismissal and personnel number
3. Make entries in your personal cardThe entry is made in the appropriate section under the signature of the director himself
4. Make an entry in the work bookThe director also puts a painting there, which is familiar
5. Issue a protocol on the appointment of a new directorYou can do this at the same time as the dismissal of the former
6. Report to the tax officeWithin three days, you must submit a notarized application to change the head of the enterprise, before that contact a notary, pay about 2400 rubles for the re-registration of the directorate
7. Inform the servicing bankSubmit to the bank a record sheet from the tax office on the change of director, minutes of the meeting or the decision of the owner, the passport of the new director and the order to take office, and also make a new key certificate with a signature and seal

When drawing up a protocol on dismissal, it is necessary to comply with some formalities:

1. above we indicate the details of the organization and its name

2. Then the protocol next by number and the city of compilation

4. The next stage is to characterize the agenda, on what occasion they gathered: dismissal of the general director from his post and appointment of a new one

6. The chairman and the secretary, if any, sign.

Personnel documents upon dismissal

After drawing up and signing the minutes of the general meeting of founders, an order is issued to dismiss the director in a unified form. Its director signs for himself.

Next, the accountant calculates wages and compensation for unused vacation, if any, transfers the tax on the income of an individual on the day of dismissal, and pays insurance premiums at the end of the month.

Prepares for the issuance of a certificate:

  • 2 personal income tax for each year of work
  • SZVM for each month
  • SZV experience per year
  • RSV for each quarter
  • Issues a payslip and statement for signature
  • As well as a certificate for the employment center on the amount of payments

Then they make an entry in the personal card about the dismissal, the director signs, and they issue a work book, also filled out against signature. And also it is necessary not to forget to make a mark for signature in the journal of the movement of work books.

Important! Dismissing the CEO from his position during illness or vacation is prohibited!

Dismissal of the director if he is the founder

This procedure does not differ much from the previous one, with the only difference being that in the case when the director is at the same time the founder, he does not draw up a protocol, but a decision of the sole participant, in which it is necessary to indicate the removal of his powers from office at his own request, and on the basis decision to write a letter of resignation in his own name. And then the process proceeds in the same way.

Responsibility of the founder upon dismissal of the CEO

The founder will be liable if he illegally dismissed the general director and he filed a lawsuit, if the court decides in his favor, then the directors can be reinstated.

The director himself also bears financial responsibility at the enterprise in the following cases:

  • For some reason, the profit for the enterprise is lost
  • Due to his fault, the property of the company was damaged

Administrative violations include:

  • The goods were sold without the use of cash registers
  • Constant irregularities in reporting and paying taxes

Important! Even if, after the dismissal of the CEO, a violation of his actions is discovered, he may be held criminally liable. Depending on the severity, either a large fine or imprisonment will be imposed.

What problems may arise during dismissal

  • The director wrote a letter of resignation in two weeks, as provided by law, but a new director was not found, then it is necessary to gather the founders and decide at the meeting who to transfer the business to.
  • The participants of the LLC did not decide to dismiss the director, although the term of the notification submitted by him had expired. In such a situation, the head may dismiss himself on the basis of Art. 80 of the Labor Code of the Russian Federation, terminate the performance of their official duties and independently make an entry on the termination of the contract in the work book.
  • It was not possible to transfer the cases to the new leader, the cases can be left in the archive or at home and presented upon request.

Important! Knowing how to fire the CEO correctly allows you to avoid unnecessary clarifications and evidence during the audit.

Answers to common questions

1.Question #1:

Can the CEO be fired by decision of the founder?

Answer:

Yes, you can, there are several options: either the dismissal occurs on the basis that the director violated something and the employees suffered through his fault, or the company is liquidated or he himself decided to quit of his own free will. To do this, it is necessary to convene a board of shareholders, if there are several of them, then draw up a minutes of the meeting, at which to introduce the main point - the dismissal of the general director and on what basis. Violating the law, the founder bears criminal and administrative liability if he dismisses the head illegally.

2.Question #2:

What personnel documents are issued upon dismissal of a director?

Answer:

An employee of the personnel department issues an order to dismiss the director on the basis of the minutes of the general meeting, which he indicates in the work book, making an entry about the dismissal, the accountant is also obliged to issue certificates of payments for the pension fund, for the employment center, a certificate of his form, indicating the amounts by year payments to register as unemployed. The director, like other employees, is entitled to receive compensation for non-vacation leave, which is calculated at the rate of approximately two days per month. Next, do not forget to take the manager's signature in the work book record book, which must be kept at the enterprise without fail and the employee signs it upon dismissal.

Any employee of the organization can quit at will. The leader is no exception.

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How to file the dismissal of the CEO of an LLC at his own request in 2020? The CEO has unlimited powers within his organization.

Accordingly, his responsibility is quite large. Due to these factors, the process of dismissal of the head is somewhat complicated, even when calculating at will.

How to fire the CEO of your own free will in 2020?

Basic moments

According to the Labor Code, every employee has the right to quit at will. To do this, it is enough to express such a wish in writing and, after proper registration, interrupt labor activity.

But certain positions require a special dismissal procedure. This is due to the large volume.

An example of such a situation is the voluntary dismissal of the general director of an LLC.

When the head of an LLC wishes to cease operations of his own free will, careful compliance with the transfer of powers is required.

The slightest legal inaccuracy leads to a violation of the current legislation.

For any employee of the organization, the process of dismissal at will is to submit an application two weeks before the final settlement date.

Notification from the CEO must follow no later than one month. The reason is that it is the manager who is responsible for all production processes and proper reporting.

The CEO is the sole executive body of the LLC. He is responsible for the legality of all actions carried out by the company.

Therefore, the dismissal will require lengthy documentation. In addition, it will take a long time to find a suitable person to replace the leader.

Advance notice of dismissal is significant for the director himself.

Thus, he distinguishes between the periods when he carried out managerial activities and the period of withdrawal from making managerial decisions.

The rights and obligations of the director of an LLC are determined by the general meeting of all participants. Only it has the right to appoint the head and terminate his powers.

Before dismissal, the general director must notify the founders of the company. To do this, he has the right to convene a general meeting at any time.

What it is

The head of an LLC or CJSC is the sole executive body that manages all the current activities of the organization.

However, an ordinary employee can leave the job exactly two weeks later, regardless of the employer's wishes.

In some cases, calculation without processing is possible. In the case of the director, he cannot leave his post until he completely surrenders his powers and hands over the affairs.

The transfer of cases is necessary in order to delimit the degree of responsibility in time between two leaders, resigning and newly appointed.

The dismissal of the general director is also complicated by the fact that it is the director who is the representative of the LLC registered in the Unified State Register of Legal Entities.

The legal entity is obliged to notify the tax authorities of all changes regarding the sole contractor. Moreover, the application submitted for this purpose contains information about the new director.

As soon as the CEO resigns, he loses the right to file an application with the tax office.

That is, a resigned director cannot independently submit documents to change the registration data on the termination of powers.

A change in information in the Unified State Register of Legal Entities occurs only after a new person is appointed to the post of head. It will submit the required application on its own behalf.

An important point is the transfer of cases. The resigning CEO must hand over all the affairs to the new leader.

In the absence of this case, one of the founders can accept it. But the whole process must be formalized by appropriate acts.

What could be the reasons

There are several reasons why a CEO is fired at his own request. OJSC or LLC does not matter, the list of grounds is the same.

Some correspond to the dismissal of ordinary employees, others refer to special rules regarding an executive employee.

The reasons for the dismissal of the CEO may be:

  • own wish;
  • expiration of the period of validity of the employment contract;
  • agreement of the parties;
  • the initiative of the founders on the grounds set forth in Article 81 of the Labor Code;
  • additional grounds predetermined by the employment contract;
  • the initiative of the members of the company without indicating the reason;
  • change of ownership of the company's property;
  • removal from office of the head of a bankrupt company;
  • dismissal of the head due to the liquidation of the organization.

Legal aspects

The dismissal of the head of his own free will regulates.

The procedure for the dismissal of the general director of an LLC at his own request

For all employees, including the head, the employer is LLC. It operates through its governing bodies.

And upon dismissal, the CEO is obliged to notify the highest management body of the organization:

  • general meeting of founders;
  • the only member.

In theory, the director does not need the permission of the company's participants to dismiss, he can arrange his own dismissal himself.

But the members of society must appoint a new leader. Which makes it necessary to call a meeting. In addition, it is necessary to transfer the affairs of the society.

Absolutely all participants must be notified about the meeting thirty days in advance. When posting a notification, the delivery time of the letter from .

Procedure steps

The process of dismissal of the CEO at will consists of the following stages:

Participant notification On the holding of the meeting and the upcoming dismissal
Acceptance and approval by the meeting of the minutes Or the decision of the sole participant to terminate the employment contract with the director. In this case, the reason for the dismissal must be indicated.
Issuance of an order to terminate the contract And its registration in the register of such documents
Transfer by the head of affairs And the property of the organization according to the act
Payment of all due amounts Based on the completed
Making a record of dismissal in the personal card of the director () B familiarization with her director against signature
Making a notice of resignation In the work book and issuing it to the hands of the former leader
Bank Notice On the termination of the powers of the CEO
Notice within three days of the appointment of a new director Federal Tax Service on changing registration information with submission

The powers of the director are terminated from the moment the order is issued, an entry is made in the work book and the cases are transferred to them.

Documenting

The process of dismissal of the head begins with the submission of an appropriate application. Further, a notice of the general meeting is drawn up and sent to all participants.

Regardless of the reason for the dismissal of the director, it is necessary to draw up the minutes of the general meeting or the decision of the sole founder.

Based on the decision, an order is issued to dismiss the CEO. Further, a proper record of dismissal is made in the manager's work book, indicating a link to the protocol or decision.

According to the act, the director transfers the affairs and property to the newly appointed head or one of the participants in the company. From that moment on, the CEO is considered dismissed.

We form an order

The order to dismiss the general director is drawn up using.

Such a standard is used to dismiss any employee of the organization. According to Article 84.1, the director himself issues an order, he himself endorses it and affixes a signature on familiarization.

If the company does not use unified forms, then the order can be drawn up according to its own approved template that meets the requirements.

The order states:

  • title of the document and date of compilation;
  • Name of the organization;
  • type of document;
  • description of the fact, namely the personnel decision;
  • the title of the position of the responsible person, his signature with a transcript.

How to write an application

The application of the General Director for dismissal of his own free will is drawn up in free form. There is no unified version for this.

When writing, standard wording is used - “I ask you to dismiss of your own free will.” The employer is not required to provide specific reasons.

The employer is not entitled to demand any explanation. If it is necessary to reduce the time and leave without working off, it is written from what date the dismissal is desirable.

Video: how to fire a director

The text is dated and signed. The application is submitted at the general meeting or may be attached to the notice for the company's members.

Enrollment in labor

An entry in the work book of the general director is made in accordance with generally accepted rules.

That is, the date is indicated, a direct written statement of the fact of dismissal, the basis and a link to the supporting document.

The details of the general protocol of the meeting of the company's participants or the decision of the sole founder are indicated as the basis document. The record is certified by the seal of the organization.

In case of inaction of the LLC participants, the director can independently draw up the procedure for his dismissal.

What payments are due

The law stipulates two cases when a director receives compensation upon dismissal. This is a change in the owner of the property or the dismissal of the head by the founders without explanation.

The amount of compensation in this case is not less than three monthly salaries.

Let's see how a director is appointed to a position, dismissed from it, and what documents this is formalized.

Recruitment

STEP 1. Checking a candidate for director "for disqualification".

The appointment of a disqualified person to the position of director (that is, a person deprived of the right to hold leadership positions by the court) is fraught with a fine of up to 100 thousand rubles for the organization. Part 2 Art. 14.23 Administrative Code of the Russian Federation

Therefore, before hiring a director, you need to request information about him from the Register of Disqualified Persons from any IFTS Part 2 Art. 32.11 of the Code of Administrative Offenses of the Russian Federation; pp. 2, 3, 5 of Appendix No. 1 to the Order of the Federal Tax Service of 03/06/2012 No. MMV-7-6 / [email protected] . The request can be submitted by an organization or a participant (shareholder). For the provision of information from the Register, a fee of 100 rubles is charged. clause 4 of the Government Decree of November 11, 2002 No. 805; Clause 11 of Appendix No. 1 to the Order of the Federal Tax Service of 03/06/2012 No. ММВ-7-6 / [email protected]

STEP 2. Adoption by the owners of the decision on the appointment of the director.

The decision to elect a director is made by the general meeting of participants (shareholders) or the board of directors, depending on whose competence this issue is assigned by the charter. paragraph 1 of Art. 40 of Law No. 14-FZ; paragraph 3 of Art. 69 of Law No. 208-FZ.

At the same time, a protocol is drawn up paragraph 6 of Art. 37 of Law No. 14-FZ; Art. 61, paragraph 4 of Art. 68 Law No. 208-FZ. Here is a sample short protocol.

PROTOCOL #4
Extraordinary General Meeting of Participants of Aquarelle LLC

Moscow city

Present:
Antonov Valery Vladimirovich - share in the authorized capital of 50%
Kolmakov Alexander Vladimirovich - share in the authorized capital of 50%

Decided:

1. To elect Grazhevich Ivan Demyanovich (passport series 7708 No. 123456, issued by the Lefortovo police department of Moscow on August 15, 2005) to the position of General Director from August 22, 2012 for a period of 3 years.

2. Authorize Valery Vladimirovich Antonov to sign an employment contract on behalf of Aquarelle LLC with Grazhevich Ivan Demyanovich.

3. Entrust Grazhevich Ivan Demyanovich with the obligation to submit to the registration authority within the period established by law documents for registering changes in information in the Unified State Register of Legal Entities in connection with the change of the General Director of Aquarelle LLC.

Antonov Valery Vladimirovich

Kolmakov Alexander Vladimirovich

And if there is only one participant (shareholder), then the appointment of a director is formalized by a decision Art. 39 of Law No. 14-FZ; paragraph 3 of Art. 47 of Law No. 208-FZ. It can be formatted like this.

SOLUTION #3
the sole participant of Aquarelle LLC

Moscow city

Sole participant of Aquarelle LLC Antonov Valery Vladimirovich

I DECIDED

In connection with the dismissal of the Director General of Aquarelle LLC Romanov Evgeny Alekseevich from 21.08.2012 to assign the powers of the General Director to himself from 22.08.2012.

Antonov Valery Vladimirovich

STEP 3. Familiarization of the director with local regulations.

Before hiring, it is necessary to familiarize the director against signature with all local regulations of the company that relate to his rights and obligations as an employee (internal labor regulations, regulations on remuneration, etc.) Art. 68 Labor Code of the Russian Federation. It is logical if this is done by the participant (shareholder) who is authorized to sign an employment contract with him.

STEP 4. Conclusion of an employment contract.

For more information on how to draft an employment contract, read:

An employment contract on behalf of the organization can be concluded paragraph 1 of Art. 40 of Law No. 14-FZ; paragraph 3 of Art. 69 of Law No. 208-FZ:

  • <если> the director is elected by the general meeting of participants(shareholders), then the chairman of the meeting or a participant (shareholder) authorized by the decision of the meeting;
  • <если> director appointed by the board of directors, then the chairman of the council or a person authorized by the decision of the council.

If there is only one participant (shareholder) and has appointed himself as a director, he can sign an employment contract on both sides:

For information on whether it is possible for the director - the only participant (shareholder) not to accrue salary, read:
  • on your own behalf as an employee;
  • on behalf of the organization as its legal representative.

Don't be surprised, it's completely legal. Decrees of the FAS SZO dated 05.20.2010 No. A21-9825 / 2009, dated 04.09.2009 No. A21-6551 / 2008.

An employment contract with a director must meet the same requirements as contracts with ordinary employees and Art. 57 of the Labor Code of the Russian Federation. Let us dwell on some features of such an agreement:

  • you can conclude a fixed-term employment contract with the director Art. 59 Labor Code of the Russian Federation. Moreover, if the charter of the company says that the director is elected for a certain period, then the contract is concluded for this period. paragraph 1 of Art. 40 of Law No. 14-FZ; pp. 2, 3 art. 11 of Law No. 208-FZ. It can be anything, even more than 5 years articles 58, 275 of the Labor Code of the Russian Federation;
  • director can be placed on probation for up to 6 months Art. 70 of the Labor Code of the Russian Federation. Moreover, even if the appointment to the position was preceded by the procedures for selecting candidates provided for by the charter, for example, competition with articles 5,, 275 of the Labor Code of the Russian Federation;
  • the employment contract does not need to include a condition on full liability, and it is not necessary to conclude a separate contract on such liability. Since the director already bears it by virtue of his position, being responsible for the direct actual damage caused to the organization b paragraph 1 of Art. 243, art. 277 of the Labor Code of the Russian Federation.

The Labor Code provides special grounds for the dismissal of management and pp. 9, 10 Art. 81, art. 278 of the Labor Code of the Russian Federation. It is not necessary to specify them in the employment contract. So, for example, participants (shareholders, board of directors) can terminate the employment contract with the director at any time, even in the absence of any good reasons and grounds for this. paragraph 2 of Art. 278 of the Labor Code of the Russian Federation. True, in this case, the director will have to pay compensation in the amount of at least 3 times the average monthly salary. Art. 279 of the Labor Code of the Russian Federation.

STEP 5. Issuance of the order of entry into office.

Although Rostrud believes that such an order can be drawn up in any form e Letters of Rostrud dated September 22, 2010 No. 2894-6-1, dated December 19, 2007 No. 5205-6-0, after all, it is better to issue it in a unified form No. T-1. This is both more convenient and more correct. After all, an order in the form No. T-1 should be drawn up for all employees accepted into the organization on the basis of an employment contract and Art. 68 of the Labor Code of the Russian Federation; clause 2 of the Decree of the State Statistics Committee of 05.01.2004 No. 1 (hereinafter - Decree No. 1);.

At the same time, the director should sign not only for the employer, but also for the employee in the column on familiarization with the order. This must be done within 3 days from the date of taking office. Art. 68 Labor Code of the Russian Federation.

STEP 6. Making an entry in the work book.

Within a week from the day the director began work, it is necessary to make an entry in his work book about hiring (hereinafter referred to as the Rules). The basis for making an entry will be an acceptance order clause 3.1 of Appendix No. 1 to the Decree of the Ministry of Labor of October 10, 2003 No. 69; clause 10 of the Rules. And if the order is not issued for some reason, then the entry can be made on the basis of the decision of the owners to elect the director (minutes of the general meeting of participants (shareholders) or the board of directors, decision of the sole participant) Letter of Rostrud dated September 22, 2010 No. 2894-6-1.

(1) This entry must exactly match the text of the order or protocol (decision), for example: “Accepted to the position of director”, “Elected to the position of director”, etc. clause 10 of the Rules, approved. Decree of the Government of April 16, 2003 No. 225 (hereinafter referred to as the Rules) .

STEP 7. Assignment of bookkeeping functions.

If the company does not have a chief accountant, then the director can take over the accounting by issuing an order sub. "d" paragraph 2 of Art. 6 of the Law of 11.21.96 No. 129-FZ.

Aquarelle Limited Liability Company

ORDER No. 14k

Moscow city

Due to the absence of the position of chief accountant in the staff list of Aquarelle LLC, from 22.08.2012 I assume the responsibility for accounting and preparation of financial statements.

In this case, it is not necessary to enter the position of chief accountant in the staffing table. Letter of Rostrud dated December 28, 2006 No. 2263-6-1.

STEP 8. Registration of a personal card T-2.

As with all other employees, the director must have a personal card in the form No. T-2 Instructions approved. Decree No. 1; clause 12 of the Rules.

Do not forget that when appointing a new director, you need to reissue the signature card in your bank. And also - report the new director to the registering IFTS. To do this, the new director, within 3 days from the date of his appointment, must submit an application in the form No. Р14001 sub. "l" p. 1, p. 5 Art. 5, paragraph 2 of Art. 17 of the Law of 08.08.2001 No. 129-FZ. If this deadline is not met, then the organization will face a fine of 5 thousand rubles. Part 3 Art. 14.25 Code of Administrative Offenses of the Russian Federation But you don’t need to report to the funds about the change of director - the IFTS will do it for you.

Dismissal

STEP 1. Adoption by the owners of the decision to dismiss the director.

If the director is dismissed due to the expiration of his employment contract or of his own free will, then the participants (shareholders, board of directors) do not need to make a separate decision to terminate the powers of the director. In other cases, it will be needed.

You can find out what needs to be done when the terms of office of the director have expired, but he continues to work, you can find out:

A director may be dismissed on the same grounds as other employees and Art. 77 Labor Code of the Russian Federation. But the Labor Code also provides for special grounds for it. For example, a director can be fired if:

  • adoption by the general meeting (board of directors) of a decision to terminate the employment contract with him a paragraph 2 of Art. 278 of the Labor Code of the Russian Federation;
  • removal from office in case of bankruptcy of the organization in accordance with the legislation on insolvency and paragraph 1 of Art. 278 of the Labor Code of the Russian Federation;
  • making an unreasonable decision that caused damage to the property of the organization and paragraph 9 of Art. 81 of the Labor Code of the Russian Federation;
  • single gross violation of their labor duties paragraph 10 of Art. 81 of the Labor Code of the Russian Federation;
  • disqualification and paragraph 11 of Art. 77, paragraph 8 of Art. 83 of the Labor Code of the Russian Federation.

STEP 2. Layoff notice.

Read about the procedure for dismissing a disqualified director:

Depending on the reason for terminating the employment contract, the following notice periods apply in particular to the parties:

  • <если> director resigns voluntarily then he must notify the owners (board of directors) about this at least 1 month in advance Art. 280 of the Labor Code of the Russian Federation;
  • <если> fixed term contract, then the director must be warned about the upcoming dismissal 3 days before the end of the employment contract and Art. 79 Labor Code of the Russian Federation. This must be done by a person authorized by the charter or by a decision of the general meeting (for example, the chairman of the board of directors; a participant (shareholder) convening the general meeting). The specialists of Rostrud also think the same.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“The employee must be warned in writing about the termination of the employment contract due to its expiration at least 3 calendar days before the dismissal. This provision does not provide for any exceptions for heads of organizations. Thus, the manager should be warned in writing about the termination of the employment contract. Such an order is given, as a rule, to a representative of the owners of the organization, who was instructed to conclude an employment contract with the head. If the owner is alone, he does it on his own.

Here is a sample warning.

Director of Aquarelle LLC
E.A. Romanov

Notice of termination of the employment contract

Dear Evgeny Alekseevich, we notify you of the upcoming dismissal on 08/21/2012 due to the expiration of the employment contract concluded with you No. 1 dated 08/22/2009.

At the same time, we would like to draw your attention to the fact that at the Extraordinary General Meeting of Participants of Aquarelle LLC, which will take place on August 17, 2012, your candidacy will be considered again for appointment to the position of General Director of Aquarelle LLC. And if you are re-elected to this position, then the employment contract with you will be extended for a new term. . For example, if an employment contract was concluded for a period of 2 years, then the agreement can set a period of 4 years. Rostrud does not object to such an order Letter of Rostrud dated October 31, 2007 No. 4413-6. At the same time, keep in mind that if the term of the employment contract after its extension is more than 5 years, then the contract will not become indefinite from this.

STEP 3. Issuing a notice of dismissal.

On the last days of exercising his powers, the dismissed director must issue an order on his dismissal in the form No. T-8 and put a signature in it on familiarization and Art. 84.1 of the Labor Code of the Russian Federation; Instructions approved. Decree No. 1. If he did not do this, then in principle one decision of the owners (board of directors) is sufficient to formalize the dismissal. Agree with this and in Rostrud.

FROM AUTHENTIC SOURCES

“All issues related to the formalization of the dismissal of the head are resolved 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, column 4 indicates the decision of the owner a ".

Rostrud

But since such an order is still mandatory under the law, claims from the labor inspectorate are not ruled out during the check.

STEP 4. Making an entry about dismissal in the work book.

On the day of dismissal, in the director’s work book, according to the general rules, an entry must be made about the dismissal and Art. 84.1 of the Labor Code of the Russian Federation; pp. 10, 14 of the Rules; pp. 5.1-5.6 of Appendix No. 1 to the Decree of the Ministry of Labor of October 10, 2003 No. 69. The entry must exactly match the text of the order and the wording of the Labor Code, and can be, for example, like this.

After the entry, you need to sign the person responsible for maintaining work books (this may be the director himself) and the seal of the organization. And then, against signature, familiarize the director with the record of dismissal and clause 35 of the Rules.

STEP 5. Making an entry in the personal card T-2.

On the basis of the dismissal order, complete the personal card of the director in form No. T-2 and ask him to sign it clause 41 of the Rules; Instructions approved. Decree No. 1.

STEP 6. Settlement with the director and issuance of a work book.

On the last working day, the director needs to issue a work book against signature (in the book of accounting for the movement of work books) and pay the amounts due to him. Art. 84.1 of the Labor Code of the Russian Federation; pp. 35, 41 of the Rules. Recall that the calculation of dismissal payments is made out by a note-calculation in the form No. T-61 Instructions approved. Decree No. 1.

He also needs to issue a certificate of the amount of salary and other payments for which insurance premiums were charged, and other documents related to work that the director will ask for. Art. 84.1 of the Labor Code of the Russian Federation; sub. 3 p. 2 art. 4.1 of the Law of December 29, 2006 No. 255-FZ.

WARNING THE MANAGER

The director is also an employee. Therefore, in order to avoid problems with either the tax, or the FSS, or the labor inspectorate, it is necessary to draw up as many personnel papers for him as for any other employee.

Do not ignore the obligations established by the Labor Code to document labor relations with the director, even if he is the only participant (shareholder) of the company. Draw up an employment contract, orders on unified forms and other necessary papers. So you will have fewer claims from labor inspectors, and from the FSS, and from the tax authorities. After all, in the absence of mandatory personnel documentation, labor inspectors can fine a company for violating labor laws. Part 1 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, FSS authorities - to refuse benefits. And the tax authorities can try to exclude accruals in favor of the director from the "profitable" labor costs and paragraph 1 of Art. 252 ,

The order to reduce the CEO is a document that has legal force, after the entry into force of which the employee is deprived of his former labor status.

The initiators of dismissal can be:

Who is signing?

Despite all the absurdity the order of his dismissal is signed by the director himself. This fact is confirmed by the legislation of the Russian Federation, namely, by a letter from Rostrud. It states that only the director himself has the right to sign any kind of orders.

When is it published?

  • The initiator is the owner of the enterprise or shareholders. At the same time, it will be more difficult to cancel the act, but it is still possible. There are two possible development paths:
    • The owner or shareholders of the organization recognized the error of their decision and canceled the reduction.
    • If this does not happen, the former director may apply to the court for further proceedings. The employee will need to provide evidence that confirms his competence and the absence of errors on his part.

    • Where and for how long is it stored?

    The document is kept by personnel officers who structure all incoming documents.

    Usually, documents on the dismissal of employees are systematized in two ways:

    • in a common folder that stores the personal files of all employees of the enterprise;
    • separately in a folder intended for storing documents about abbreviations.

    The period of storage of such documents is 5 years. At the end of this period, the papers are disposed of.

    Thus, the order to remove the CEO from office has its own rules and standards that should be taken into account when drawing up.

    provided for by labor law.

    What should be guided by the preparation and signing of the order

    When dismissing a director, the provisions of the following documents must be taken into account:

    • laws on certain types of organizations (in particular, these include the Federal Law "On LLC", the Federal Law "On JSC", etc.);
    • regulations and clarifications of executive authorities (Rostrud, Goskomstat of the Russian Federation, etc.);
    • local regulations in force at the enterprise itself: with their help, separate rules can be established that must be followed when issuing an order to dismiss the director.

    Based on these regulations, the following conclusions can be drawn.

    1. If the director is dismissed, the order to this effect must be drawn up in the same way as for any other employee.
    2. The grounds and specific procedure for terminating an employment contract applicable to a manager differ from that used for other employees.
    3. , indicating in it the date from which he resigns from his duties as head. Without this, another person cannot be appointed to his position.

    The order is drawn up only if the director works under an employment contract. If he is also the owner (founder) of the organization, it is enough for him to issue an order to appoint a new director in his place.

    How exactly should an order be made?

    In the event that the standard form T-8 is used for the order, the form should be filled out according to the rules established by the resolution of the State Statistics Committee of the Russian Federation. If the enterprise has its own form for this document, then it should contain the following data:

    • Name of the organization;
    • order number in accordance with the document accounting system in force in the organization;
    • Date of preparation;
    • the name of the order (“On dismissal ...”, “On termination of the employment contract ...”, etc.);
    • the full name of the dismissed person and the title of the position (in strict accordance with the Charter and staffing of the enterprise);
    • details of the employment contract concluded with the director (number and date of conclusion);
    • date of dismissal;
    • grounds for dismissal (application, decision of the owner, expiration of the term, etc.);
    • article of the Labor Code of the Russian Federation, on the basis of which the director is dismissed;
    • signature of the person who issued the order;
    • familiarization mark (when the director issues an order to dismiss himself, it looks a little strange, but these are the requirements of the Labor Code of the Russian Federation).

    You can download the Order on the dismissal of the director.

    Consider the features of specific options for such an order.

    Order to dismiss the director of an LLC at his own request

    Like all employees, the director of an LLC can quit himself. However, he needs to be guided not only by the usual norms of the Labor Code of the Russian Federation, but also by special ones, relating only to the activities of executives. In particular, he must notify the owner (founder) of his own at least a month in advance.

    The director's voluntary resignation letter must state the following:

    • grounds for dismissal - a statement by the director to the owner (general meeting);
    • a reference to the norms of labor legislation - in this case, to part 3 of Art. 77 of the Labor Code of the Russian Federation.

    You can download the Order on the dismissal of the director of an LLC at your own request.

    Order of the CEO to dismiss himself

    If the general director and the founder are one person, an employment contract may not be concluded with him, and the norms of Chapter 43 of the Labor Code of the Russian Federation do not apply to him. In this case, the head is not required to comply with the provisions of Art. 280 of the Labor Code of the Russian Federation, a month's notice period, or even filing a letter of resignation.

    The CEO, who is also the founder, will act as follows:

    1. as a founder, he issues a decision by which he resigns from his duties as a director;
    2. if an employment contract was concluded with him on behalf of the company, he additionally issues, as a director, an order on his dismissal, and if the contract was not concluded, then the order is not required;
    3. acting again as a founder, he appoints a new director and notifies the tax authorities of the changes.

    You can download the Order of the General Director to dismiss himself

    Order to dismiss the CEO by decision of the founder

    You can download the Order for the dismissal of the CEO by decision of the founder

    Subtleties regarding the dismissal of the director

    Is the CEO entitled to sign an order to dismiss himself?

    There are two parties in an employment relationship - the employee and the employer. The organization itself acts as an employer, on behalf of which the sole executive body acts. Its powers are determined by the legislation and the charter of the organization. This body is the head of the organization, regardless of what his position is called (director, general director, etc.).

    Thus, even in the case when it comes to terminating the employment contract with the head of the organization, the director himself must draw up the necessary documents (including the dismissal order), since it is he who is the sole executive body up to the moment when at this the position will be assigned to another person. This follows both from the content of labor and civil legislation, and from the clarifications of state executive authorities (in particular, letters from Rostrud No. 1143-TZ of 2009).

    It is necessary to remember the following nuances according to the Labor Code of the Russian Federation.

    1. The day of dismissal is the last day on which the employee works. Until that moment, all the rules relating to rights and obligations, including official ones, apply to him. Therefore, up to this point, the general director retains his powers, and the order can be signed by him earlier.
    2. There are no exceptions for the head of the organization.

     

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