Order of dismissal of the general director sample. Example of an order to dismiss a CEO

Director is 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 entrusted to the general meeting of participants. Dismissal by on their own general director An LLC is possible for various reasons, and no one has the right to prohibit him from leaving the organization.

The procedure for dismissing the general director of his own free will consists of the following stages:

1. Preparation of a letter of resignation;

2. Notifying the members of the society about leaving the organization of their own free will;

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

4. Issuance of an order on termination of labor relations;

5. Making a record of termination of the contract in 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 (to exclude the data of the former head from the Unified State Register of Legal Entities).

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

Termination of the contract

Let's consider how the director of an LLC is dismissed of his own free will. Design begins with compilation.

Unlike other employees, the director of the organization writes a statement one month before the expected date of leaving the organization. This is indicated in Art. 280 of the Labor Code of the Russian Federation. The application is addressed general meeting members of the organization or the owner of the company.

The document must contain:

employee data;

employer data;

the day 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 the notification, which should be transmitted to the founders of the company.

Director's resignation notice

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

This document is sent by registered mail or transmitted personally. It specifies the request to hold an extraordinary meeting of the participants or owners of the firm. The document contains the following information:

place of the meeting;

• issues 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. The members of the company do not have the right to refuse the manager to leave the organization earlier than the term specified in the contract.

During the meeting, the founders agree on the deadline for dismissing the CEO of their own free will. This is necessary in order to determine the time to find a suitable candidate for the position of the leaving manager.

Dismissal of the CEO of his own free will, sample order

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

the name of the company and its details;

information about the resigning person;

reason for leaving the organization;

the date of termination of the contract.

To issue an order, use uniform form document number T-8, approved. Resolution of the State Statistics Committee of the Russian Federation dated 05.01.04 No. 1. Also, the order can be issued on letterhead companies.

Making an entry in the work book

Contributed by a human resources employee. 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 the dismissal with a reference to the legislation. The reason is also indicated - an order or a decision.

Final settlement

Upon dismissal to the first person, firms are obliged to pay:

salary for hours worked;

compensation for unused vacation;

other payments provided for by the employment contract.

Also, the former CEO transfers the affairs 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 in an archive or a notary.

Notification of the tax service about the dismissal of the head

According to sub. "L" clause 1 and clause 5 of Art. 5 ФЗ "О state registration legal entities and individual entrepreneurs"Dated 08.08.01 No. 129-FZ, the organization is obliged to inform the tax information about the departure of the head of the enterprise and the change executive body firms. V tax office should be served. The document must be notarized. The application is submitted by the new CEO within three days from the date of appointment to the position. Thereafter tax office enters information about the change of the head of the company in the Unified State Register of Legal Entities.

If new leader not selected, the application can be signed and submitted by the former CEO.

How can a 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 of his own free will in the case when the manager is at the same time 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. You do not need to notify anyone about the upcoming dismissal. The grooming procedure is significantly reduced. Simultaneously with the decision to dismiss the sole founder can appoint a new CEO of the firm.

Responsibility of the CEO after dismissal

The manager is responsible for his decisions even in the event of dismissal.

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

In this case former employer has the right to file a claim in court demanding that the dismissed employee be held accountable. The maximum period during which it is possible to bring a resigned manager to administrative punishment is one year from the moment of establishing the fact of violation. This is indicated in Art. 4.5 of the Administrative Code, Art. 6.1 of the Criminal Procedure Code of the Russian Federation, art. 78 of the Criminal Code of the Russian Federation.

In accordance with the law, an employee can be dismissed only if there is a corresponding order. The order has a form established by law, which is strictly spelled out in regulatory enactments. However, depending on the position occupied by the employee (for example, director), certain points may arise that must be taken into account when drawing up an order. In the article, we will consider why a director can be fired, and how to draw up an order for the dismissal of a manager, download samples of his own free will and for violations, download below.

Who signs the document?

With the current dismissal of an employee of the enterprise, the director's signature is required on the order. When an order is drawn up to remove a director from work, the signing procedure is somewhat different.

The director of a legal entity can be a founder, owner of property, or an employee. The labor agreement with the director is drawn up on the initiative of the owners, and the director may have nothing to do with the founders of the organization.

An employment contract with a manager is terminated in the following cases:

• if an appropriate decision is made by the owner of the organization;
• at the initiative of the person acting as director.

The decision to dismiss the director is made collectively if there are several founders of the organization.

Rostrud RF Letter No. 1143-TZ dated 11.03.09 established the procedure for signing orders. On the basis of this document, only the director himself can sign various orders. Therefore, in the event of the director's dismissal, only he can sign the document, no matter how absurd the situation may seem. In the event that a new director is hired in the place of the former director and begins to exercise his powers until the dismissal of the previous director, he will not have the right to sign the order on the dismissal of the predecessor.

The document relieving duties from the general director is drawn up according to the form No. T-8. A sample order is spelled out in the legislation; without fail, it contains the following information:

• the official name of the organization managed by the director;
• document number and date of its preparation;
• the name of the order in full;
• the text of the document must indicate the dates of termination of the employment agreement and the date of the actual dismissal of the director;
• information about the director (full name, position, personnel number);
• grounds for termination of the employment agreement with the manager with reference to regulatory framework(if this is the head's own desire - then clause 3 of article 77 of the Labor Code of the Russian Federation, if a violation - then one of clauses of article 81);
• signature of the head of the company, date;
• signature former employee, date.

A resignation order in relation to a director of a company may be prepared in advance, so the date of dismissal and the date of preparation of the document may be different. However, backdating the document is not allowed. In case of detection of such a violation labor inspectorate the employer will have to pay a substantial fine.

If the director does not have the authority to hire and fire employees, a member of the board of directors can sign the document. To carry out this procedure, a quorum of the founders of the company is collected. Meeting participants are selected responsible person, which is empowered to sign the relevant document.

Design examples:

Drawing up an order to dismiss a manager of his own free will

Depending on the form of ownership of an economic entity, the procedure for dismissing the head according to his own initiative will be different.

To terminate the powers of the director of the LLC, it will be necessary to convene the Board of Founders (Supervisory Board). 30 days before the expected date, it will be necessary to notify the founders of the upcoming meeting. At the end of the meeting, a protocol will be drawn up, which will be displayed in the order of dismissal itself.

Grounds for the director's dismissal

In addition to his own desire, the leader can be removed from duties for a number of reasons. They are spelled out in Art. 278 of the Labor Code of the Russian Federation:

• suspension due to bankruptcy of the organization;
• making a decision by an authorized person to dismiss the acting director;
• other reasons (they apply mainly to top management, for example, making unreasonable decisions, violating the organization's charter, etc.).

Also, the following grounds for dismissal from Article 81 are relevant for management personnel:

• item 4 - change of the owner of the company;
• clause 9 - an unreasonable act that led to damage;
• item 10 - gross violation job responsibilities.

Example of firing orders

A sample order for the dismissal of the director of an LLC of his own free will -.

Download a sample termination order employment contract with the head for violations -.

Questions and answers on the topic of dismissal of the head

Question 1: How to dismiss a director in case of liquidation of a company, what should be paid?

Answer: Dismissal is made out on the basis of clause 1 of part 1 of article 81, earnings are paid, vacation compensation and severance pay in the amount of no more than three monthly earnings in case of unemployment up to three months. Compensation under Article 279 of the Labor Code of the Russian Federation is not due to the head.

Question 2: The decision of the council established the need to terminate the employment contract with the current general director, the date of dismissal is a day off. How many days to issue an order?

Answer: It is better to issue an order on a working day following the established date of dismissal from the council's decision.

Question 3: The company is being liquidated. The CEO fires himself of his own accord. Can the date of termination of the contract in the order be later than the date of receipt of the certificate of liquidation?

Answer: The manager has the right to dismiss at his own request upon liquidation of the LLC, but the date in the order should not be later than the date of entering the data on the termination of the legal entity in the Unified State Register of Legal Entities.

Question 4: The CEO was fired, who could make transactions from an LLC without a power of attorney. Do I need to report this to the tax authority?

Answer: Yes, you need to inform the Federal Tax Service Inspectorate to make changes to information from the Unified State Register of Legal Entities that the citizen registered there is no longer a representative of the LLC and its head, otherwise the data will mislead other persons.

Question 5: How to leave a director before the heirs enter into legal rights, if the founder of the LLC is dead?

Answer: The head must apply to the notary who has an open inheritance.

Ask your question in the comments and get an answer for free!

A director can be dismissed for many reasons - violation of the labor code, abuse of authority, one-time gross violation, agreement of the parties, termination of the employment contract, the director's (general) own will. All grounds are spelled out in the Labor Code of the Russian Federation.

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

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

How is the order issued?

The procedure for the dismissal of the general or other director of an LLC implies the fulfillment of the following specific stages:

1. the process of registering an application for the first manager with intentions to dismiss (for some cases, this stage is not a mandatory action. If the director leaves of his own free will, then the application is mandatory);
2. convening a meeting of founders, where a vote is taken on the dismissal of a specific leader, as well as a candidate for a new successor is outlined (a minutes of the meeting is prepared, which reflects all the issues under consideration and decisions taken);
3. preparation of the relevant 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 requisite data of the previously mentioned protocol) with mandatory certification by a seal.

If the constituent assembly did not manage to decide on the candidacy of the future head, vacant place may be temporarily occupied by the chief accountant, who has the right to sign local documents related to the personnel sector.

Features of preparation

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

• The header of the document is drawn up, where all the details of the company are indicated (name, type of organizational and legal form, etc.).
• Further, the date and place of drawing up the order are indicated.
• After the name of the document, a heading should be indicated, in which you need to indicate the semantic load of the main action for which it is focused - on the dismissal of the director.
• The text explains the reason for the decision to dismiss. A link to the document, which caused the need to issue an order (minutes of the meeting and its details), should be indicated.
• The dismissed manager 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 legislative framework(p1. article 243, article 277 of the Labor Code) the first manager is a financially responsible employee. Therefore, upon his dismissal, the initiation of the start of the work of the inventory commission is required, which will be charged with the recount order material values... Such an order is subject to issuance to performers by the dismissed director personally. Based on the results of the work of this commission, a number of conclusions are drawn:

• on the safety of material values ​​or, conversely, their loss;
• how efficiently the dismissed manager performed his functions and how his activities were reflected in the indicators economic activity companies.

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

Download samples

A sample order for the dismissal of the director of an LLC of his own free will -.

On termination of the contract with the general director for violations -.

05.09.2019

Any working citizen, in the event of certain circumstances, can terminate an employment contract with an employer or be fired.

The director is no exception. Quite often, the dismissal of the chief executive officer of the company raises a lot of questions, one of the main among which is the technology of processing related documents.

In order to understand this topic, it is necessary to study all the information available on this matter.

Foundation documents

Despite the fact that the head of the enterprise has many rights and powers, he is considered an ordinary employee. Consequently, in relation to him, the rules established by the labor legislation of the Russian Federation apply.

There may be several reasons why a director is dismissed (fired). Among the main ones, the following should be noted:

• own initiative;
• systematic violation of the production schedule;
• Adoption general solution at a meeting of all founders;
• bankruptcy of the company;
• liquidation of the organization;
• damage to LLC;
• expiration of the term of the employment agreement (if it was urgent), etc.

In order to quit on his own, the manager must prepare an appropriate one, which is further discussed at the board of directors.

It is important to take into account that after registration, a working citizen must work for a certain period of time.

In the case of the director, its duration is equal to a month.

After filling out the application at the general meeting of founders, a decision is made about the employee's desire / need to suspend maintenance professional activity in this company.

At the end of the meeting, the directors draw up a special paper - Minutes. He, together with the letter of resignation, acts as the basis for the issuance of the order.

This topic is regulated by various regulations. For example, the Labor Code of the Russian Federation, Federal Law No. 129 and Federal Law No. 14.

Who is signing?

There are often situations in which the director is the sole leader of the firm. In other words, there is no position whose powers included more rights and responsibilities.

When drawing up documentation regarding the dismissal of a manager, it is necessary to adhere to the standard paperwork scheme.

In order to quit, an employee must fill out an application simultaneously for all founders. If the retiring director is the only one, drawing up an application is a formality necessary for competent document management in the company.

The situation is similar with the order. It is compiled without fail, it is signed by the director himself.

How to issue orders for the resignation of the head of the LLC of his own free will?

To draw up the documentation of the specified sample, a unified form is used - T-8.

Depending on the reason for which it became necessary to suspend labor activity, other papers are being prepared, serving as the basis for the issuance of the order.

In standard situations, these are considered the Minutes drawn up at the meeting of the founders and the statement of the resigning person.

According to generally accepted legislative norms, an order issued in the T-8 form should reflect information of the following nature:

• full name of the institution;
• the order number of the order and the date of its compilation;
• form for OKUD and OKPO;
• the exact wording of the name of the order;
• dismissal order. It starts with the words “Terminate the employment contract”;
• date of termination of the agreement, information about this document - number, date of conclusion;
• information about the dismissed person - position, initials;
• employee's personnel number;
• the reason due to which the employee leaves or is dismissed;
• data on the document that acted as the basis for issuing the order - its name, number, date of issue;
• the initials and signature of the chief executive officer of the company or all founders;
• the signature and initials of the dismissed, acting as his consent with the information set forth in this order.

If necessary, for paperwork of a similar nature, you can use the standard form of the form developed at the enterprise.

Without fail, in such a situation, it is worth reflecting in it all the necessary information about the dismissal. It should be noted that the T-8 form is not mandatory, but only recommended.

Download sample

Download an example of an order to dismiss a CEO of his own free will -.

How do I issue a cancellation?

Situations are identified in which it becomes necessary to cancel the order to dismiss the head.

To restore him to his post, a number of standard measures should be taken.

First of all, the director must draw up a special.

If the founders are not against canceling the dismissal, the employee is easily accepted back.

In this case, it is drawn up, the purpose of which is to cancel the action of the previous one.

The order contains the following data:

• name of the company and firm;
• information about the order of dismissal;
• a circumstance that prompted the cancellation of the old order;
• the date of entry into force of this order;
• corporate seal of the company (if any);
• signatures of responsible persons.

The dismissal order can be canceled at the initiative of the employee himself, other directors, or in court.

Useful video

An example of filling out a dismissal order of his own free will in the T-8 form is discussed in detail in this video.

Who signs the CEO dismissal order most often interested in workers HR department upon receipt of an order to draw up such an order. In the material we offer, you will find the answer to this question, and you can also familiarize yourself with a sample of such an order.

What acts determine who signs the order to dismiss the general director of an LLC?

Despite his leadership status, the general director of an LLC from the point of view of labor legislation remains an employee - which means that when considering the issue of issuing an order for his dismissal and signing this document, you need to contact the Labor Code of the Russian Federation. It describes both the grounds and the procedure for dismissing employees, including the issuance of an order to terminate the employment contract.

Another important source legal regulation in this area - the Law "On Companies ..." dated 08.02.1998 No. 14-FZ, which defines the powers of the general director as the executive body of the company and gives him the right to sign orders defining labor relations with employees.

Does the CEO have the right to sign the order to fire himself?

The general director, elected by the general meeting of the members of the LLC, becomes the sole executive body of this company. At the same time, his powers include:

• representing the interests of the organization;
• issuance of powers of attorney to represent the interests of the organization, including those involving sub-trust;
• making transactions on behalf of the company;
• issuing orders for hiring, transferring and dismissing employees, applying measures disciplinary action or encouragement, etc.

The law does not contain any exceptions to the list of employees whose dismissal orders are signed by the CEO. Consequently, he also signs the order of his dismissal himself, no matter how paradoxical it may seem.

Another reason for this conclusion is provided by the Labor Code of the Russian Federation, which determines that the day of dismissal is considered the last working day of an employee. This rule also applies to the CEO. All powers of the manager remain with him until the termination of the employment contract. This means that the director has the right to sign the order on his dismissal drawn up on the last working day or earlier on his own.

Rostrud adheres to the same position in his letter "On the procedure for dismissing the general director ..." dated 11.03.2009 No. 1143-TZ. It notes the need to conclude an employment contract with the general director as the sole executive body of the organization and his right to issue orders regarding labor relations, including with respect to himself.

Who, other than the CEO, can sign the order to fire him?

Situations may arise when the general director is not able to independently sign any document, including a resignation order. Like any other employee, he has the right at any time to make a decision to resign of his own free will - with the only difference that the period for preliminary notification of such a decision has been increased to 1 month (in general, it is 2 weeks). At the same time, Art. 80 Labor Code allows you to inform the employer about the intention to quit during vacation or sick leave. In this case, the general meeting of founders does not have the right to refuse to satisfy the requirements of the general director, like any other employee. And then a reasonable question arises: who signs the director's dismissal order in such situation?

There are 3 options for transferring signature rights and solving the problem before it occurs:

1. Issuance of a power of attorney giving the right to sign documents establishing and terminating labor relations with employees. The current general director, in accordance with Part 3 of Art. 40 of Law No. 14-FZ, has the right to perform such actions.
2. Issue of the corresponding order. As a local regulatory legal act, the order applies only to the collective of the enterprise, therefore, the right to sign in this case is transferred only to another employee of the organization (as opposed to a power of attorney for the right to represent the interests of the company, which, by virtue of this norm, can be issued to any person, including not who is her employee).
3. Changes providing for the right to sign personnel documents, in the job description of one or more employees of the organization.

Please note that the issuance of such documents (orders, powers of attorney) does not deprive the CEO himself of the right to sign. Moreover, he has the right to withdraw them or change the content at any time.

The power of attorney must indicate:

• date and place of issue of the document;
• power of attorney number;
• Business name;
• personal data of the principal and the person who accepts the authority.

The power of attorney is certified by the seal of the organization (if any) and the signature of the general director.

The order for the enterprise has a similar content, with the exception of the indication of the place of its preparation.

If there are no such documents, and the director is not able to sign the document, the meeting of the founders of the company has the right to appoint someone who will perform these functions.

Grounds for issuing an order to dismiss the CEO

Regardless of whether the general director is the founder of the enterprise or a specially hired employee, the employment contract with him can be terminated both on his own initiative and at the will of the employer for the reasons provided for by the Labor Code of the Russian Federation. However, in any case, the order of dismissal is drawn up and signed only following the results of the meeting of the general meeting of the founders - this is directly stated in the letter of Rostrud No. 1143-TZ.

At the same time, the Labor Code provides for additional grounds for the dismissal of management:

• making a decision by him that entailed the illegal use of the organization's property, causing him harm or its loss;
• gross violation by the boss job duties(even once);
• adoption of an appropriate decision by the board of directors;
• bankruptcy of the organization, etc.

Content of the order for the dismissal of the CEO, sample

Despite certain peculiarities, orders to terminate employment contracts with such managers are drawn up in general order... As a rule, for this, form T-8 is used, approved by the decree of the State Statistics Committee "On the approval of unified forms ..." dated 05.01.2014 No. 1, although it is also possible to use an independently developed form. The main thing is that the order contains mandatory details, such as:

• full name of the employer;
• the number of the order for the dismissal of the head;
• Date of preparation;
• Title of the document;
• date and number of the terminated employment contract;
• date of dismissal;
• Full name of the dismissed leader;
• grounds for dismissal with reference to the corresponding article of the Labor Code of the Russian Federation;
• the document on which the termination of the employment contract is based (statement of the general director, decision of the meeting of the founders of the company, etc.).

The order must be submitted to the dismissed CEO for review under signature.

IMPORTANT! The coincidence of the date of the order and the date of the director's dismissal is optional - the order can be issued earlier.

Sample order to dismiss the CEO you can download on our website.

Thus, as paradoxical as it may sound, the order to own dismissal the general director, acting on behalf of the employer, signs with his own hand, if these rights are not transferred to other persons in established by law okay.

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How to fire a director

Termination of an employment contract with a manager in order of translation

Important: in this case, the director should provide paper from the future place of work, that he is really taken to another firm.

Such a document can be:

• Employment order;
• A copy of the order;
• Certified statement.

On the basis of such documents, an order is issued to dismiss the manager by transfer, and the papers are invested in the personal file of the resigning person, with subsequent storage at the enterprise.

Dismissal at will

This circumstance must be reflected in the administrative document.

If the director is the founder, he does not have staff workers, issue an order and execute records in labor book he is entitled to independently.

If the director is elected by the meeting of the co-founders, then he must resign in the same manner.

Dismissal for abuse of authority or other violations

In this case, in order to draw up an order, it is necessary to analyze the available grounds for terminating labor relations in the Labor Code of the Russian Federation, indicating a suitable basis in the order form.

To draw up an administrative document on dismissal, it is recommended to use the standard form T-8.

How to issue an order to terminate an employment contract with a director

The document on the dismissal of the director has several differences from the order to terminate the employment contract with an ordinary employee.

This document should contain the following information:

• The name of the institution;
• Document Number;
• Date of preparation;
• Place of formation of the document;
• Date of termination of employment agreements and dismissal;
• Full name of the dismissed person and position;
• The grounds for performing such a procedure with reference to the clauses of the legislation;
• Document designation;
• Originator's signature and date;
• Personal signature and date.

Important: upon dismissal of his own free will director commercial enterprise signs a statement to himself and notifies the team at least a month before the event.

The main differences between the dismissal procedure for a manager:

• Termination of an employment contract with a manager must be based on general provisions about dismissal and special related to the case with the director;
• In addition to the order, these actions must have grounds for dismissal as a decision of the owner of the organization or body with the appropriate authority;


• For the whole process to be legal, it is necessary to carry out the appropriate measures - a general meeting, a meeting of the Board of Directors, members of the cooperative, etc.
• If such a process occurs of its own accord, then there should be a warning within a month;
• After the termination of the dismissal procedure, appropriate entries should be made in the USR of legal entities;
• On the government agency the order to terminate the employment contract is signed by the head of the department or the minister of industry.

The director of the organization is dismissed from his place of work in accordance with the provisions of the Labor Code of the Russian Federation on the dismissal of management, taking into account the peculiarities of the reasons for dismissal and the type of enterprise.

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Foundations

You can only fire a CEO if you have good reason. Their list is clearly indicated in the current legislation of the Russian Federation.

The reasons for the termination of interaction with the person in this position may be:

1. General grounds for dismissal, enshrined in Articles 77, 81 and 83 of the Labor Code of the Russian Federation. So, the general director can leave his post of his own free will or stop carrying out activities in connection with the end of the term of cooperation.
2. Special bases. The CEO may be asked to leave office if his decision resulted in a breach of employment obligations or regulations. current legislation... A similar procedure can be performed if the owner of the property of a particular organization changes.
3. Additional grounds. The general director can be removed from office if he declared bankruptcy.

There are other grounds on which the CEO can be fired. A similar action is performed if the person in the position has committed a crime or other illegal actions.

What does the law say?

Before proceeding with the procedure for dismissing the general director, you should familiarize yourself with the current legislation of the Russian Federation. The specifics of the manipulation are regulated by Article 80 of the Labor Code of the Russian Federation.

It should be remembered that it is necessary to focus on the provisions enshrined in regulatory legal act edited by ФЗ №197.

In chapter Labor Code RF contains the following rules:

• the person holding the position of CEO may unilaterally terminate contract of employment by notifying the employer about this 14 days before the planned date of termination of employment, unless otherwise provided in the contract;
• the employment contract can be terminated earlier than the specified period, but only with the consent of the employer;
• if the general director cannot fulfill the duties assigned to him in connection with the state of health, the termination of cooperation is carried out in one day;


• before the date of termination of employment, the general director may withdraw the letter of resignation, regardless of the opinion of the founders of the LLC;
• when the term of work ends, the general director has the right to stop working even if the employer did not properly carry out the dismissal procedure.

Dismissing a CEO is different from the classic procedure. Thus, the notice period can be increased from 2 to 4 weeks. In fact, the CEO is obliged to notify himself.

However, the dismissal procedure must be carried out in compliance with all formalities.

Dismissal of the CEO

The procedure for dismissing the CEO depends on the reasons for the termination of cooperation. Depending on the reasons that led to this, the features of the manipulation may vary.

By agreement of the parties

If the CEO is dismissed by agreement of the parties, the participants in the procedure will have to go through the following steps:

1. The employee submits an application, drawn up in accordance with the established template, to the founders or other persons authorized to terminate the employment contract.
2. A meeting of founders is held, at which a decision is made on the dismissal of the general director and the main points of the agreement are discussed.
3. An agreement is being drawn up. The employee must read the paper and sign it.
4. A corresponding order is issued.
5. An entry is made in the work book of the general director with reference to the current legislation.
6. The tax authority is notified. The action is carried out within three days.
7. A work book is handed over to the hands.
8. Monetary compensation is provided.

Wages for a month worked and compensation for unused vacation must be provided on the day of termination of the employment agreement.

Of my own free will

If an employee leaves the company of his own free will, the dismissal procedure is almost identical to termination of cooperation on the basis of an agreement.

However, the document itself is not compiled. Instead, the minutes of the meeting are drawn up, in which the decisions made by the founders are recorded.

If is the only founder

If the General Director is the sole founder of the Company, the dismissal procedure takes place according to a simplified scheme.

According to article 273 of the Labor Code of the Russian Federation, the only founder has the right to relieve himself of his post at any time.

In this situation, the general director independently decides on his dismissal. An employee's employment record is entered into a record of dismissal of his own free will, indicating the relevant provisions of the current legislation of the Russian Federation.

Upon liquidation of an LLC

If an LLC is liquidated, the resignation from the CEO is part of the mandatory measures. The law does not allow the old leader to retain managerial functions.

Responsibility for the implementation of the norm lies with:

• general meeting;
• investors;
• a trustee appointed by the court or selected on a competitive basis.

They are the ones who make the decision to dismiss the general director and take other measures to remove powers from the former managing staff of the LLC.

By the decision of the founder

The founders of the LLC can also decide on the dismissal of the general director. The verdict on the termination of cooperation is adopted at the general meeting. It is drawn up in a protocol, in which all the features of the event are recorded.

If violations are committed during the dismissal process, the founders will be held administratively liable.

Procedure

The dismissal of the CEO in 2018 must be carried out in strict accordance with the established procedure.

Sample application

In order for the letter of resignation to be recognized as valid, it must be drawn up in accordance with the existing rules.

The following information must be reflected in the paper:

• the addressee to whom the application is sent;
• position and full name of the employee who made the application;
• a request for dismissal indicating the date of termination of cooperation;
• date of submission of the document;
• applicant's signature with transcript.

If the general director finds it difficult to draw up a document on his own, he can use a ready-made sample.

Sample letter of resignation of your own free will here.

Order

When the decision to dismiss the CEO is made, it is formalized by an internal order. The paper is drawn up on a unified form T-8. The order is issued by the CEO himself.

The procedure is carried out on the last working day of the employee. The text of the order indicates the grounds for dismissal with references to the relevant regulatory legal acts.

Employment record

An entry in the work book is made by the founder of the organization. The document indicates the reasons for the dismissal with reference to the relevant regulations.

If the sole founder of the LLC is the general director himself, the responsibility for making an entry in the work book rests with him.

Payment of compensation

Like any employee who leaves the place of work, the CEO can receive compensation for unused vacation and payment for each day worked.

Responsibility after dismissal

It should be remembered that dismissal does not relieve the CEO of the responsibility that previously lay on him.

According to the rules, a person who held a position can be held liable for the following types of liability even after dismissal:

• material;
• criminal.

The court can claim compensation for material damage from the former head of the company if it is proven that the reason that led to the consequences was the actions of the general director.

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What you need to be guided by when drawing up and signing an order

When dismissing a director, it is necessary to take into account the provisions of the following documents:

• Labor Code of the Russian Federation;
• Civil Code of the Russian Federation;
• laws on certain types organizations (in particular, these include the Federal Law "On LLC", the Federal Law "On JSC", etc.);
• normative acts and clarifications of executive authorities (Rostrud, State Statistics Committee 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 leaves, the order must be drawn up in the same way as for any other employee.
2. The grounds and specific procedure for terminating an employment contract applied to a manager differ from that used for other employees.
3. The order of his dismissal must be signed by the director himself, indicating in it the date from which he resigns from the duties of the manager. Without this, another person cannot be appointed to his position.

How exactly the order should be drawn up

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

• Name of the organization;
• order number in accordance with the organization's document accounting system;
• Date of preparation;
• title of the order ("On dismissal ...", "On termination of an employment contract ...", etc.);
• the full name of the dismissed and the title of the position (in strict accordance with the Charter and staffing table enterprises);
• 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;
• the signature of the person who issued the order;
• a mark of familiarization (when the director issues an order to dismiss himself, it looks somewhat strange, but these are the requirements of the Labor Code of the Russian Federation).

You can download the Director's dismissal order by following the link.

Consider the features of specific options for such an order.

An order to dismiss the director of an LLC of his own free will

Like all employees, the director of an LLC can resign 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, the director of an LLC must notify the owner (founder) of his dismissal at least one month in advance.

The order to dismiss the director of his own free will specify the following:

• grounds for dismissal - a statement from 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 of your own free will by following the link.

CEO's order to fire 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 stipulated in Art. 280 of the Labor Code of the Russian Federation, the warning period per month, nor generally the filing of 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 the duties of a director;
2. if an employment contract was concluded with him on behalf of the company, he additionally issues an order for his dismissal as a director, and if the contract was not concluded, then the order is not required;
3. again acting as a founder, he appoints a new director and notifies the tax authorities of the changes.

You can download the CEO's order to fire yourself by following the link.

Order to dismiss the CEO by decision of the founder

The director is able to resign himself, but the founder (or the general meeting, if the organization is owned by several persons) can also fire him. As a basis for dismissal, they can be used as general rules provided for in Art. 77 of the Labor Code of the Russian Federation, and the decision itself, which is not motivated by anything (clause 2 of part 1 of article 278 of the Labor Code of the Russian Federation). In this case, the dismissed director receives, in accordance with Art. 279 of the Labor Code of the Russian Federation, compensation, the amount of which should not be less than three times the average monthly earnings.

If the director is dismissed by the founder, a dismissal order is issued. This document is compiled according to general rules, however, the details of the decision of the founder (or the general meeting) are indicated as the basis. In addition, the order refers to Art. 278 of the Labor Code of the Russian Federation.

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

Subtleties regarding the dismissal of the director

Does the CEO have the right to sign an order to fire himself

V labor relations there are two sides - the employee and the employer. The organization itself acts as the employer, on behalf of which the sole executive body acts. Its powers are determined by 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 an employment contract with the head of the organization, draw up Required documents(including the order of dismissal) must be the director himself, since it is he who is the sole executive body until the moment when another person is appointed to this position. This follows both from the content of labor and civil legislation, and from the explanations government agencies executive power (in particular, Rostrud letter No. 1143-TZ of 2009).

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

1. The day of dismissal is the last day on which the employee works. Up to this point, all norms concerning rights and obligations, including official ones, apply to him. Consequently, up to this point, the CEO retains his powers, and their order may be signed earlier.
2. There are no exceptions for the head of the organization.

Consequently, the manager has the right to sign the documents of his dismissal himself.

Who, other than the CEO, can sign an order

In some cases, the director is unable to sign documents. The legislation provides for the following solutions to this problem.

1. Drawing up a power of attorney for one of the employees (usually a deputy), giving him the right to sign for such documents.
2. Issuance of the corresponding order by the director himself. This can be used when, for example, a manager is going on vacation with subsequent dismissal and appoints for this time his deputy to perform his duties.
3. Registration job description for one of the employees providing the right to sign for personnel documents. This is often practiced for the boss. personnel service(HR department).

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Termination of the contract

Let's consider how the director of an LLC is dismissed of his own free will. Registration begins with drawing up a letter of resignation of the CEO.

Unlike other employees, the director of the organization writes a statement one month before the expected date of leaving the organization. This is indicated in Art. 280 of the Labor Code of the Russian Federation. The application is addressed to the general meeting of members of the organization or to the owner of the company.

The document must contain:

employee data;

employer data;

the day 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 the notification, which should be transmitted to the founders of the company.

Director's resignation notice

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

This document is sent by registered mail or sent in person. It specifies the request to hold an extraordinary meeting of the participants or owners of the firm. The document contains the following information:

place of the meeting;

• issues 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. The members of the company do not have the right to refuse the manager to leave the organization earlier than the term specified in the contract.

During the meeting, the founders agree on the deadline for dismissing the CEO of their own free will. This is necessary in order to determine the time to find a suitable candidate for the position of the leaving manager.

Dismissal of the CEO of his own free will, sample order

The order to leave the head of his own free will is issued on behalf of the founders of the company, based on the decision. The document indicates:

the name of the company and its details;

information about the resigning person;

reason for leaving the organization;

the date of termination of the contract.

To draw up the order, a unified form of document No. T-8, approved by Resolution of the State Statistics Committee of the Russian Federation dated 05.01.04 No. 1. The order can also be issued on the company's letterhead.

Making an entry in the work book

A record of voluntarily leaving the labor manager is made by an employee of the personnel 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 the dismissal with a reference to the legislation. The reason is also indicated - an order or a decision.

Final settlement

Upon dismissal to the first person, firms are obliged to pay:

salary for hours worked;

compensation for unused vacation;

other payments provided for by the employment contract.

Also, the former CEO transfers the affairs 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 in an archive or a notary.

Notification of the tax service about the dismissal of the head

According to sub. "L" clause 1 and clause 5 of 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 inform the tax information about the departure of the head of the enterprise and the change in the executive body of the company. An application drawn up on the P14001 form 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 a new CEO is not selected, the application can be signed and submitted by the former CEO.

How can a 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 of his own free will in the case when the manager is at the same time 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. You do not need to notify anyone about the upcoming dismissal. The grooming procedure is significantly reduced. Simultaneously with the decision to dismiss the sole founder can appoint a new CEO of the firm.

Responsibility of the CEO after dismissal

The manager is responsible for his decisions even in the event of dismissal.

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

In this case, the former employer has the right to file a claim in court demanding that the dismissed employee be held liable. The maximum period during which it is possible to bring a resigned manager to administrative punishment is one year from the moment of establishing the fact of violation. This is indicated in Art. 4.5 of the Administrative Code, Art. 6.1 of the Criminal Procedure Code of the Russian Federation, art. 78 of the Criminal Code of the Russian Federation.

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How is the order issued?

The procedure for the dismissal of the general or other director of an LLC implies the fulfillment of the following specific stages:

1. the process of registering an application for the first manager with intentions to dismiss (for some cases, this stage is not a mandatory action. If the director leaves of his own free will, then the application is mandatory);
2. convening a meeting of founders, where a vote is taken on the dismissal of a specific leader, as well as a candidate for a new successor is outlined (a minutes of the meeting is prepared, which reflects all the issues under consideration and decisions taken);
3. preparation of the relevant 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 requisite data of the previously mentioned protocol) with mandatory certification by a seal.

If the constituent assembly failed to decide on the candidacy of the future head, the vacant position can be temporarily occupied by the chief accountant, who has the right to sign local documents related to the personnel sector.

To issue an order, it is convenient to use the standard T-8 form.

Features of preparation

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

• The header of the document is drawn up, where all the details of the company are indicated (name, type of organizational and legal form, etc.).
• Further, the date and place of drawing up the order are indicated.
• After the name of the document, a heading should be indicated, in which you need to indicate the semantic load of the main action for which it is focused - on the dismissal of the director.
• The text explains the reason for the decision to dismiss. A link to the document, which caused the need to issue an order (minutes of the meeting and its details), should be indicated.
• The dismissed manager 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 manager is a financially responsible employee. Therefore, upon his dismissal, it is required to initiate the start of the work of the inventory commission, which will be charged with the instruction to recalculate material values. Such an order is subject to issuance to performers by the dismissed director personally. Based on the results of the work of this commission, a number of conclusions are drawn:

• on the safety of material values ​​or, conversely, their loss;
• how efficiently the dismissed manager performed his functions and how his activities were reflected in the indicators of the company's economic activity.

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