The order of dismissal of the general director sample. Who signs the order to dismiss the CEO at his own request: a sample and important features. How to issue an order to terminate an employment contract with a director

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

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

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

1. Preparation of a letter of resignation;

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

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

4. Issuance of a termination order labor relations;

5. Entering an entry on the 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 (in order to exclude the data of the former head from the Unified State Register of Legal Entities).

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

Notice of termination of the contract

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

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

The document must contain:

employee data;

employer data;

date of termination of the contract;

date of preparation of the document;

applicant's signature.

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

Director's resignation notice

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

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

the place of the meeting;

questions to be discussed.

Coordination of dismissal with the founders of the organization

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

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

Dismissal of the CEO at his own request, sample order

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

company name and details;

information about the person leaving;

reason for leaving the organization;

date of termination of the contract.

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

Making an entry in the work book

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

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

final settlement

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

salary for hours worked;

compensation for unused vacation;

other payments stipulated by the employment contract.

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

Notification of the tax service about the dismissal of the head

According to sub. "l" p. 1 and p. 5 Art. 5 of the Federal Law "On State Registration of Legal Entities and individual entrepreneurs» dated 08.08.01 No. 129-FZ, the organization is obliged to report to the tax office information about the departure of the head of the enterprise and the change executive body firms. IN tax office should be submitted. 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 tax service enters information about the change of the head of the company in the Unified State Register of Legal Entities.

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

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

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

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

Responsibility of the CEO after dismissal

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

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

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

Despite his leadership status, the CEO is just as much an employee in the company as everyone else. He can also be dismissed at the initiative of the owners of the company, at his own request or for reasons beyond his control. In case of termination employment contract an order for the dismissal of the general director must be issued.

When is the order to dismiss the CEO

The dismissal of the CEO is regulated by the rules Labor Code and FZ-14 "On Societies ..." of 1998.

The specifics of the dismissal of the general director is that the dismissal order is signed solely on the basis of the results of the meeting of the general meeting of the founders, as stated in the official letter from Rostrud.

Who signs the order

The person who is appointed to the position of CEO has a wide range of responsibilities. These include representing the interests of the company, issuing powers of attorney, making significant transactions on behalf of the company, etc.

In general, the responsibility for signing the dismissal rests with the CEO. Paradoxical as it may seem, but the order for his own dismissal should also be signed by the CEO. The legislation does not specify exceptions for employees whose dismissal orders cannot be signed by the CEO.

Confirmation that the order should be signed by the director himself are certain provisions of the Labor Code. In particular, it is indicated here that the day of dismissal is the working day of the employee. This rule applies to the general director, who, on his last day, must fulfill all the assigned duties.

According to Art. 84.1 of the Labor Code of the Russian Federation, the order must be drawn up no earlier than the last working day of the employee.

Rostrud, in its clarifications on this subject “On the procedure for the dismissal of the general director ...” dated 2009 No. 1143-TZ, adheres to a similar position: that the dismissal order is signed by the general director.

In practice, a situation may arise when the CEO cannot familiarize himself with the dismissal order. There are then three possible solutions to the situation:

Issue an order granting the right to sign personnel documents another person.
Issue to another person for the right to sign such documentation.
Make changes to the job description of one of the employees, giving him the right to sign this kind.

Content and structure of the order

Despite some peculiarities, orders for the dismissal of general directors are drawn up in general order. Usually, for these purposes, the form of order No. T-8, which is approved by the State Statistics Committee, is used. But the company can develop and approve its own format for the dismissal order.

The document must include information such as:

The full name of the employing company with an indication of its form of ownership.
The number of the dismissal order (in accordance with the numbering adopted by the company).
Date of preparation of the order.
Title of the document.
Date and number of the employment contract, which through the issuance of this order.
Date of dismissal.
Full name of the dismissed employee, his position.
dismissal with reference to the relevant article of the Labor Code of the Russian Federation. It may be Art. 77, 81, 83, 278 of the Labor Code of the Russian Federation.
Documents that serve as the basis for terminating the employment contract (this may be at will, the decision of the founders, etc.).

The General Director must sign the order and indicate that he was familiarized with it.

How to write a letter of resignation of the CEO at his own request

also has the right to quit at any time at his own request. The procedure will take place as usual. The only difference will be that the manager needs to warn the business owners about the termination of the employment contract.

According to Article 280 of the Labor Code of the Russian Federation, in the event of his dismissal, the general director is obliged to the employer at least a month before his dismissal. Such a period is valid regardless of whether he works under an open-ended or fixed-term employment contract.

In this case, the employer means society, and its supreme body management is a meeting of participants or a sole participant. Therefore, having made the decision to quit, the CEO should convene extraordinary meeting owners.

Notice of an extraordinary meeting will be a form of notice to the employer about dismissal. The notice must include:

Name of the members of the society.
Reference to the paragraph of the Charter of the LLC, which gave the director the right to convene an extraordinary meeting.
Agenda of the meeting: election of a new CEO due to early termination of the contract with the current one.
Date and place of the meeting.
CEO's signature.
Date of notification.

The notice shall be accompanied by a letter of resignation addressed to the members of the company. It must be written in it:

Full name of the founders;
name of the employing company;
register a request for dismissal of one's own free will, indicating the date of termination of the contract;
put the date of signing the application and signature.

Only after a meeting has been held on the dismissal of the director, he can issue an order for his dismissal and make an entry in the work book.

The order is drawn up in the T-8 form or in any arbitrary format. As the legislative grounds for the dismissal of the general director, the order indicates paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation "Dismissal of one's own free will." It is worth noting that the meeting of founders does not have the right to prevent the termination of the employment contract with the CEO.

Thus, the dismissal of the CEO takes place in a regular mode and is practically no different from the dismissal of full-time employees. It is mandatory to draw up an order for the dismissal of the director. Order for own dismissal signed by the director himself, but this right can be transferred to other persons by proxy or through an appropriate order.

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Who signs the order to dismiss the CEO , is most often of interest to employees of the personnel 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 will also be able to 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 CEO of an LLC, in terms of labor law remains an employee - which means that when considering 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 dismissal of 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 an order to fire himself?

The General Director, elected by the general meeting of participants in the LLC, becomes the sole executive body of this company. At the same time, its powers include:

representation of the interests of the organization;
issuance of powers of attorney to represent the interests of the organization, including those involving substitution;
making transactions on behalf of the company;
issuing orders for hiring, transferring and dismissing employees, applying disciplinary measures or incentives, etc.

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

Another basis for such a conclusion is given by the Labor Code of the Russian Federation, which determines that the day of dismissal is considered the last working day of the employee. This rule also applies to the CEO. All the 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 its letter “On the procedure for the dismissal of the general director ...” dated March 11, 2009 No. 1143-TZ. It noted the need to conclude an employment contract with the CEO as the sole executive body of the organization and his right to issue orders regarding labor relations, including in relation to himself.

Who, besides the CEO, can sign an order for his dismissal?

There may be situations when the CEO is not able to independently sign any document, including a dismissal order. Like any other employee, he has the right at any time to decide to quit of his own free will - with the only difference being that the period for preliminary informing about such a decision has been increased to 1 month (in general, it is 2 weeks). At the same time, Art. 80 of the Labor Code allows informing the employer of the intention to quit during vacation or sick leave. The general meeting of founders in this case is not entitled to refuse to satisfy the requirements of the general director, as well as any other employee. And then a reasonable question arises: who signs the order to dismiss the director in such situation?

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

Issuance of a power of attorney giving the right to sign documents establishing and terminating labor relations with employees. The current CEO, in accordance with Part 3 of Art. 40 of Law No. 14-FZ, has the right to perform such actions.
Issuance of the corresponding order. As a local legal act, the order applies only to the staff 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 the specified norm, can be issued to any person, including non-employees).
Making changes providing for the right to sign personnel documents to the job description of one or more employees of the organization.

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

The power of attorney must include:

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

The power of attorney is certified with 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 indicating the place of its compilation.

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 dismissal order is drawn up and signed only on the basis of the results of the meeting of the general meeting of the founders - this is expressly 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:

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

The content of the order to dismiss the CEO, sample

Despite certain features, orders to terminate employment contracts with such managers are drawn up in a general manner. As a rule, form T-8 is used for this, approved by the Decree of the State Statistics Committee “On approval of unified forms ...” dated 01/05/2014 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 to dismiss 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 relevant 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 general director for review against signature.

IMPORTANT! The coincidence of the date of drawing up the order and the date of dismissal of the director is not necessary - the order can be issued earlier.

Sample dismissal of the CEO you can download on our website.

Thus, no matter how paradoxical it may sound, the general director, acting on behalf of the employer, signs the order for his own dismissal with his own hand, if these rights are not transferred to other persons in the manner prescribed by law.

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How can you fire a director?

Termination of the employment contract with the head in order of translation

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

Such a document may be:

Order of employment;
Copy of the order;
Certified statement.

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

Dismissal at will

This circumstance must be reflected in the administrative document.

If the director is a founder, he does not have personnel workers, issue an order and make entries in the work book, he has the right to independently.

If the director is elected by the meeting of 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 existing 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 must contain the following information:

The name of the institution;
Document Number;
Date of preparation;
Place of document formation;
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 paragraphs of the legislation;
Document designation;
Compiler's signature and date;
Personal signature and date.

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

The main differences in the dismissal procedure for the head:

Termination of the employment contract with the manager must be based on general provisions on dismissal and special relating 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 appropriate powers;

In order for the whole process to be legal, it is necessary to carry out the appropriate measures - the general meeting, the 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 completion of the dismissal procedure, appropriate entries should be made in the USR of legal entities;
On public institution the order to terminate the employment contract is signed by the head of the department or the minister of the 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 particular reasons for dismissal and the type of enterprise.

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Foundations

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

Reasons for terminating interaction with a person holding this position may be:

General grounds for dismissal, enshrined in articles 77, 81 and 83 of the Labor Code of the Russian Federation. So, the general director may leave his post at his own request or terminate the activities in connection with the completion of the term of cooperation.
Special grounds. The CEO may be asked to leave his position if his decision violated labor obligations or the provisions of applicable law. A similar procedure can be performed in the event that there is a change in the ownership of the property of a particular organization.
Additional grounds. The CEO may be removed from office if he has declared bankruptcy.

There are other grounds on which CEOs can be fired. Such an action is performed if the person holding the position has committed a crime or other illegal act.

What does the law say?

Before proceeding with the procedure for dismissing the CEO, it is worth familiarizing yourself with the current legislation of the Russian Federation. Features 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 the regulatory legal act as amended by Federal Law No. 197.

The section of the Labor Code of the Russian Federation contains the following rules:

the person holding the post of general director may unilaterally terminate contract of employment, notifying the employer 14 days before the planned termination date labor activity unless otherwise provided in the contract;
the employment contract can be terminated earlier than the designated period, but only with the consent of the employer;
if the general director cannot fulfill the duties assigned to him due to his health condition, the termination of cooperation is carried out in one day;

before the deadline for termination of employment, the general director may withdraw the letter of resignation, regardless of the opinion of the founders of the LLC;
when the working period ends, the general director has the right to stop working even if the employer has not properly carried out the dismissal procedure.

The dismissal of the CEO is different from the classical procedure. Thus, the notice period can be extended from 2 to 4 weeks. In fact, the CEO is required to notify himself.

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

Dismissal of the CEO

The procedure for dismissal of the CEO depends on the grounds for 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 dismissal of the General Director is carried out by agreement of the parties, the participants in the procedure will have to go through the following steps:

The employee submits an application, drawn up in accordance with the established model, to the founders or other persons authorized to terminate the employment contract.
A meeting of the 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.
An agreement is being drawn up. The employee must read the paper and sign it.
An appropriate order is issued.
An entry is made in the work book of the general director with reference to the current legislation.
The tax authority is notified. The action is carried out within three days.
Issuing a work book.
Cash compensation is provided.

Wages for the month worked and compensation for unused vacation must be provided on the day the employment agreement is terminated.

Of your own accord

If an employee leaves the company of his own free will, the dismissal procedure is almost identical to the 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 taken by the founders are recorded.

If it is the sole founder

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

According to Article 273 of the Labor Code of the Russian Federation, the sole founder has the right to dismiss himself from his position at any time.

In this situation, the CEO independently decides on his dismissal. An entry is made in the employee's work book about 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 of the CEO is part of the mandatory measures. The law does not allow retaining the functions of the manager for the old leader.

Responsibility for the implementation of the norm lies with:

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

It is they who decide to dismiss the general director and carry out other measures to remove powers from the former management of the LLC.

By decision of the founder

The founders of the LLC can also decide to dismiss the CEO. The verdict on termination of cooperation is adopted at the general meeting. It is documented in a protocol that records all the features of the event.

If violations are committed during the dismissal, 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 resignation letter to be recognized as valid, it must be drawn up in accordance with existing rules.

The paper must include the following information:

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

Here is a sample letter of resignation.

Order

When the decision to dismiss the CEO is made, it is formalized by an internal order. The paper is drawn up on the form of the 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.

Entry in the work book

An entry in the work book is made by the founder of the organization. The document indicates the reasons for dismissal with references to the relevant regulatory legal acts.

If the sole founder of the LLC is the general director himself, the obligation to make an entry in the work book rests with him.

Payment of compensation

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

Responsibility after dismissal

It should be remembered that the 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 brought to justice. the following types responsibility even after dismissal:

material;
criminal.

The court may seek compensation material damage from the former head of the company, if it is proved that the cause that led to the consequences that arose was the actions of the general director.

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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:

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.);
regulations and explanations 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.

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

How exactly should an order be made?

In the event that the order is used type form T-8, 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 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;
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 dismissal of the director by the link.

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, the director of an LLC must notify the owner (founder) of his dismissal at least one 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 by the link.

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:

as a founder, he issues a decision by which he resigns from his duties as a director;
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;
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 by the link.

Order to dismiss the CEO by decision of the founder

The director is able to quit himself, but the founder (or the general meeting, if the organization is owned by several persons) can also dismiss him. Can be used as grounds for dismissal general rules provided for in Art. 77 of the Labor Code of the Russian Federation, as well as the decision itself, which is not motivated by anything (clause 2, part 1, 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 salary.

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

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

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, draw up Required documents(including the dismissal order) 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 branch (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.

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.
There are no exceptions for the head of the organization.

Therefore, the head has the right to sign the documents on his dismissal.

Who, except the CEO, can sign the order

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

Issuance of a power of attorney for one of the employees (usually for a deputy), giving him the right to sign such documents.
The publication of the corresponding order by the director himself. This can be used when, for example, the manager is going on vacation with subsequent dismissal and appoints his deputy as acting for this time.
Decor job description for one of the employees, providing the right to sign for personnel documents. Often this is practiced for the boss personnel service(HR department).

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Notice of termination of the contract

Consider how the dismissal of the director of an LLC occurs at his own request. Registration begins with the preparation of a letter of resignation of the CEO.

The document must contain:

employee data;

employer data;

date of termination of the contract;

date of preparation of the document;

applicant's signature.

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

Director's resignation notice

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

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

the place of the meeting;

questions to be discussed.

Coordination of dismissal with the founders of the organization

Dismissal of the CEO at his own request, sample order

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

company name and details;

information about the person leaving;

reason for leaving the organization;

date of termination of the contract.

Making an entry in the work book

An employee of the personnel department makes a record of leaving at his own request in the labor manager. After that, the information is certified by the signature of the employer and the seal of the organization.

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

final settlement

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

salary for hours worked;

compensation for unused vacation;

other payments stipulated by the employment contract.

Notification of the tax service about the dismissal of the head

According to sub. "l" p. 1 and p. 5 Art. 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated 08.08.01 No. 129-FZ, the organization is obliged to report to the tax office information about the departure of the head of the enterprise and the change in the executive body of the company. An application must be submitted to the tax office, drawn up in the form P14001. The document must be notarized. The application is submitted by the new CEO within three days from the date of appointment to the position. After that, the tax service enters information about the change of the head of the company in the Unified State Register of Legal Entities.

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

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

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

Responsibility of the CEO after dismissal

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

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

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How is an order issued?

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

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

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

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

Features of preparation

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

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

Important subtleties

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

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

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

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

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

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

How is an order issued?

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

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

Features of preparation

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

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

Important subtleties

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

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

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

Download samples

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

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

The reasons for this decision are:

Completion contract.
Misconduct CEO as head of the organization.
Termination at the initiative of the retiring.
Change of ownership organizations.

Labor Code of the Russian Federation. Article 77. General grounds for termination of an employment contract
The grounds for termination of an employment contract are:

agreement of the parties (Article 78 of this Code);
expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;
termination of the employment contract at the initiative of the employee (Article 80 of this Code);
termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
the employee's refusal to continue working in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution(Article 75 of this Code);
refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
refusal of the employee to transfer to another job, necessary for him in accordance with the medical certificate issued in the manner prescribed federal laws and other regulatory legal acts Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);
the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);
circumstances beyond the control of the parties (Article 83 of this Code);
violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid.

By decision of the founder

How to dismiss the CEO by decision of the founder? What are grounds to file a layoff?

One of the easiest options for removing an employee of this level from a position is to hold it by order of the founder organizations.

On special grounds, taken into account in the paragraphs of the first part of 81 articles of the Labor Code of the Russian Federation.

In case of insolvency ( bankruptcy) The dismissal of an enterprise is carried out on the basis of Article 278 of this Code.

When formalizing a dismissal, it is important to comply with a combination of labor laws that require such procedures to be formalized as for the dismissal of any other employee at any level.

AND respect the interests of the dismissed an employee who, until the fact of signing the order, continues to be the leading figure in the organization, representing the interests of the founder in the role of the sole executive body of production.

Given this, the decision of the founder to dismiss the CEO can only be based on the decision of the general meeting of founders, shareholders or board of directors, depending on the form of ownership of the organization.

Also, such a decision can be made solely by the owner of the property. Once approved, the process proceeds as normal.

Labor Code of the Russian Federation. Article 278. Additional grounds for terminating an employment contract with the head of an organization
In addition to the grounds provided for by this Code and other federal laws, an employment contract with the head of an organization is terminated on the following grounds:

in connection with the dismissal of the head of the organization - the debtor in accordance with the legislation on insolvency (bankruptcy);
in connection with the adoption authorized body legal entity, or by the owner of the property of the organization, or by the person (body) authorized by the owner of the decision to terminate the employment contract. The decision to terminate the employment contract on the specified basis in relation to the head unitary enterprise adopted by the body authorized by the owner of the unitary enterprise in accordance with the procedure established by the Government of the Russian Federation;
on other grounds stipulated by the employment contract.

Without the consent of the founder

Can the CEO of an LLC resign without the consent of the founder? How to dismiss yourself from office general manager?

Perform the dismissal of a figure of this level without her consent and without the consent of the founder at the same time impossible. Without the participation of the founder or without the consent of all the founders, start a similar procedure unreal.

Another case becomes implementation of an independent solution director general. It can also ultimately be based only on the decision of the meeting of shareholders, the board of directors, founders and any other deliberative structure, the sole owner of the organization's property.

But the first step in this case is standard statement on dismissal from office.

In the absence of a decision received from the controlling constituent councils and bodies, the dismissal process is carried out in the standard mode.

Personnel units are based on the obligation guaranteed by Article 37 of the Constitution of the country and Article 2 of the Labor Code the right to freedom of work of every citizen our state.

In this case, the general meeting of founders must solely for the purpose of accepting the fact of dismissal an employee to which the latter is entitled within the period specified in Article 80 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation. Article 80
The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee's application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing norms labor law, local regulations, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

An important nuance making such a decision becomes:

necessity data transfer to the Unified State Register of Legal Entities about the new personal of the General Director;
signing the consent on their own dismissal by those leaving work, since such a document can only be signed by the general director specified in the Unified State Register of Legal Entities, changes to which cannot be made until the fact of the dismissal of the old one and the appointment of a new general director is fixed.

Data on the necessary changes in the Unified State Register of Legal Entities are indicated on the basis of information submitted to the territorial tax authority. Such information must be sent within 5 working days.

Statement

Who officially fixes the decision to dismiss the CEO, to whom (in whose name) does he write a letter of resignation?

In any situation, the fact of dismissal of an employee of this level can be based only on the decision of the board of directors or other constituent body.

Based on such a decision, the personnel department conducts the registration of the dismissal and makes the appropriate work book entry.

At the same time, a statement informing about any type of termination of labor relations with organizations, its head is preparing in the name of the founder.

Order

On the basis of what provisions and how is the Order prepared? An order on the fact of leaving work of an employee of this level is being prepared on the basis of a decision taken by the board of directors, founders or other similar structure within the organization.

Among other things, the basis is resignation letter although it is not legally mandated anywhere. Registration is carried out by an internal Order drawn up according to the T-8 form, which was developed by the State Statistics Committee in 2004.

The order must indicate grounds for termination of employment, the date of compilation is put and the handwritten signature of the one who, according to legislative requirements, must officially dismiss himself.

Compensation calculation

What compensation is due to the CEO upon dismissal? Size compensation payments calculated as standard just like when you end a relationship with any other employee.

In the event of termination of the relationship by agreement of the parties initiated by the founder, the employee has the right to compensation, the amount of which is three average monthly payments.

Deadline for filing care information

The Constitution of the Russian Federation and the Labor Code of the Russian Federation call for a standard attitude towards a specialist holding positions at any level. Although a representative of a leadership position of this rank is subject to a reservation about the need founder's notice decision one month before the expected departure date.

Such an extension of the term makes it possible to convene the regulatory authorities to hold a council and adopt a protocol on dismissal.

In the absence of a reaction of the founder to the information provided, an employee of any rank, on the basis of Article 80 of the Labor Code has the right to terminate their functions, require the issuance of a work book and the calculation of accounting.

Features of making an entry in the work book

Given the level official position, it will be necessary to observe certain features of entering data on the changed status of the general director in his work book. They are entered into standard mode, except for the information entered in the 4th column of this document.

It indicates the decision made by the founder, with the obligatory entry of information about number of the drawn up protocol, if it was drawn up, or any other justification for the reasons for dismissal, confirmed by the seal of the organization. This procedure was approved in 2009 by letter No. 1143-TK of the country's Rostrud.

Changing the date of dismissal

Is it possible for the CEO to change the date of his dismissal?

General Director before making changes to the Unified State Register of Legal Entities has the right to change the date of his dismissal in a situation of inability to transfer cases to his successor.

The change is made by internal order.

Responsibility of the former leader

Does the responsibility of the former CEO remain after his official dismissal? A feature of a position of this level is the guaranteed preservation of the right to call on a citizen who held the post of general director to administrative and criminal liability.

Including he retains material liability in case of evidence of misconduct. Such as:

expenses or lost profits that occurred through the fault of this employee;
identified loss or damage property.

Administrative Claims on such a basis may be considered at any time, subject to proof of the revealed fact, confirmed during the court session.

TO criminal liability such a resigned employee may be involved on the basis of Article 165 of the Criminal Code of the country in which situations of causing property damage through deceit or breach of trust are considered.

The term for bringing to criminal responsibility is determined by the statute of limitations under the article of the Criminal Code.

Criminal Code of the Russian Federation. Article 165. Causing property damage by deception or abuse of trust
1. Infliction of property damage to the owner or other possessor of property by deceit or abuse of trust in the absence of signs of theft, committed on a large scale, -

shall be punishable by a fine in the amount of up to 300 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to two years, or by forced labor for a term of up to two years with or without restriction of liberty for a term of up to one year, or by deprivation of liberty for a term of up to two years with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months.

2. The act provided for by the first part of this article:

committed by a group of persons by prior agreement or by an organized group;
causing especially large damage -

shall be punishable by compulsory labor for a term of up to five years, with or without restriction of liberty for a term of up to two years, or by deprivation of liberty for a term of up to five years, with or without a fine in the amount of up to 80 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months.

Summary

In conclusion, attention should be paid to complexity legal registration many reasons and grounds for dismissal in the position of CEO.

Most of them can litigate, extending the entry into office of a new employee of this rank.

In most cases, a successful decision to dismiss the CEO is recommended trust experienced representatives law firms and services.

The help of specialists is useful and appropriate for both sides of the issue under consideration.

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