has a number of differences from the procedure for dismissal of an ordinary employee. The reason is that such an employee is the main executive body company, without which it cannot continue its activities. We will talk about the features of this procedure in our article.
How to fire the director of an LLC at will
The procedure for the dismissal of the director of an LLC own will includes several stages:
Compliance with the requirements of the law at each stage can protect the organization from possible claims from the former head and labor inspectorate and ensure its continued full functioning.
We draw up a letter of resignation of the CEO
Letter of resignation to the founder from the director- a document that confirms the will of the employee who wants to leave the position. It is compiled 1 month before the expected date of leaving work (Article 280 of the Labor Code of the Russian Federation). Writing an application is not a mandatory step. Sufficient evidence of the will of the CEO is a notice given to the founders of the company.
The legislation does not establish clear requirements for the document. If it is decided to use any sample letter of resignation CEO OOO, you need to remember that the document must contain the data of the employee and employer, the date of the upcoming dismissal, the date the document was drawn up and the signature of the applicant. At the same time, it must be borne in mind that for the head of the company, the employer is the general meeting of the company's participants.
Submit an application for voluntary dismissal of director You can do it in person or by using a postal service or a courier service. In any case, the date of notification is the day the document is received by the employer. The main thing is to record the fact of receipt of the application by the addressee - for example, to receive a mark on the receipt of the letter.
Resignation letter from CEO
After the decision to leave the position, the director should set the date for the extraordinary meeting of the company's shareholders and send them information about the time and place of the meeting. The notification rules are listed in Art. 36 of the Law "On Limited Liability Companies" dated February 8, 1998 No. 14-FZ:
- Notice must be sent at least one month before the upcoming meeting.
- It is necessary to notify each LLC member individually.
- The notice may be sent by registered mail or in any other way provided for by the company's charter.
- The notice must contain information about the time and place of the meeting, as well as a list of issues planned for discussion.
Considering the above rules, we can say that best option- submitting an application for voluntary dismissal of the CEO members of the organization along with a notice of an extraordinary meeting of members.
The procedure for coordinating the dismissal with the founders of the organization
At the meeting, the founders discuss and decide on the upcoming departure of the head of the company. Since Art. 37 of the basic law of the country prohibits forced labor, LLC participants are not entitled to refuse the head of the organization early release from authority.
Refusal to participate in the meeting and evasion of delivery of the notice are not good reasons to continue labor activity CEO against his wishes. In case of such behavior of the employer, the head of the organization may apply to the court. The statement of claim handed over to the employer is sufficient confirmation of the director's desire to leave his position. As case study we can cite the appeal ruling of the Perm Regional Court dated 05.08.2013 No. 33-7154.
During the extraordinary meeting, the founders agree on the date of the upcoming voluntary dismissal of CEO, and can also agree with him on a longer period of working out, necessary to search for a new candidate for the position of the head. If an agreement between the employer and the employee is not reached, the latter has the right to resign without the consent of the founders. The main thing at the same time is to follow the procedure, as required by law.
Order on the dismissal of the CEO at his own request, a sample order
The head of the organization can issue and sign an order to leave on his own after the meeting. It specifies:
- company name and details;
- information about the dismissed person;
- reasons for dismissal;
- date of departure of the CEO.
In this case, as a rule, the unified form of document No. T-8 is used, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms of documents ...” dated 01/05/2004 No. 1. However, the use of this particular template is not mandatory, the employer, if desired, has the right to independently develop a form document. The current sample of the order to dismiss the head of the organization can be downloaded on our website.
Entering an entry in the work book and settlement with the gene. director
Recording in labor manager organization can contribute independently or entrust it to an authorized person of the organization. He also has the right to certify it with his signature and the seal of the organization (if any). The main thing is to comply with the requirements of the instructions for filling out work books, approved. Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69:
- Complete all sections of the document.
- Use Arabic numerals when filling in.
- Do not allow abbreviations and corrections in the records.
- Clearly state the reason for leaving.
- Add a reference to the legislative provision that became the basis for termination labor relations.
- Specify the details of the order to terminate the contract between the dismissed person and the employer.
At voluntary dismissal of the CEO he can count on payments and compensations stipulated by law: salary for hours worked, compensation for unused vacation etc. In addition, the former CEO hands over to the new head of the organization. In the event of the temporary absence of a legal successor, the ex-head may:
- continue independent storage of the seal and documents of the organization;
- entrust the storage of a special archival organization;
- transfer the documents and seal to the notary for safekeeping.
The right to store documents to notaries is granted by Art. 97 "Fundamentals of the legislation of the Russian Federation on notaries" dated February 11, 1993 No. 4462-1. When transferring, it must be remembered that documents are received and stored on behalf of the organization. This gives the right to the new head of the company at any time to pick up documents and seals.
Does the procedure for dismissing the CEO of an organization at his own request provide for notification of the tax service?
The answer to this question is contained in "l" p. 1 and p. 5 Art. 5 of the Law "On State Registration of Legal Entities and individual entrepreneurs 129-FZ dated 08.08.2001, which require that information be submitted to the tax authority about the dismissal of the director of a legal entity (including at his own request) and a change in the executive body of the company. To do this, you must submit to the tax office an application drawn up in the form P14001, having previously certified it with a notary. The application is submitted by the newly appointed head of the company within 3 days from the date of appointment, after which the tax authority enters information about the new head into the Unified State Register of Legal Entities.
A person dismissed from the position of the general director must make sure that his data is removed from the Unified State Register of Legal Entities. An unscrupulous approach to this issue can cause trouble in the future: problems in finding a manager in another organization, the danger of liability for the company's debts in the event of bankruptcy, etc. If a new head of the company has not been appointed, the application can be signed and submitted by the former CEO .
Features of the procedure for the dismissal of the General Director - a pensioner at his own request
The process of voluntary dismissal of a person who has reached retirement age has one peculiarity: such an employee has the right not to work out the period provided for by law (part 3 of article 80 of the Labor Code of the Russian Federation). Thus, the head of the organization, who is an old-age pensioner, is not obliged to meet the deadline for leaving work.
However, it is still necessary to comply with the formal dismissal procedure (notify the founders, convene an extraordinary meeting of the company's participants and make a decision on the dismissal of the retired manager) is still necessary. In the entry in work book it must be indicated that the reason for the termination of the employment relationship was retirement.
The procedure for the dismissal of the general director at his own request - the sole founder of the company
In the case when the head is both the sole organizer of the company and its owner, the procedure dismissal of the CEO at his own request is greatly simplified. According to part 2 of Art. 273 of the Labor Code of the Russian Federation, the norms of labor regulation of the manager do not apply to such an employee.
In this situation, the head of the organization can at any time independently write an appropriate statement and decide on his dismissal. That is, the duration of the process is significantly reduced, because there is no need to notify yourself of the upcoming dismissal, wait 1 month and organize a meeting of participants. Simultaneously with the decision to dismiss, the sole founder can appoint the head of the company.
Responsibility of the CEO after dismissal
The job of a leader is to accept difficult decisions. Responsibility for his actions and decisions - both material and criminal - if there are grounds for its occurrence, he will bear even in the event of dismissal from office.
So, the material responsibility of the head arises in the following cases:
- in case of loss of property;
- damage to the property of the organization;
- unforeseen expenses of the enterprise;
- loss of profit by the company due to the fault of the head.
As a rule, these circumstances are discovered after the audit in the company. The employer of the dismissed head of the organization may file statement of claim to the court demanding compensation for the damage caused by the actions of the CEO. If satisfied claims collection may be directed to the property of the former employee.
Illegal actions of a leader may be grounds for bringing to criminal responsibility under the following conditions:
- In his actions (inaction) there is a corpus delicti.
- The guilt of the leader is documented.
- The statute of limitations has not expired.
In conclusion, it remains to say that the best solution would be peaceful negotiations and mutually beneficial agreements between the head of the enterprise and the founders, since they allow you to avoid litigation and quickly fire the CEO.
The director of the organization has a dual status - he is both an employee and a person representing the employer. It is covered as general rules labor legislation, and special. The dismissal of the CEO at his own request is different from the dismissal of a full-time employee and has its own characteristics.
From this article you will learn:
- what is the procedure for dismissal of the general director at his own request;
- how the dismissal of the director of an LLC at his own request is formalized and an example of registration.
The procedure for the dismissal of the general director at his own request
For all categories of workers Art. 80 of the Labor Code of the Russian Federation provides two weeks termination notices, dismissal Director at his own request is made with a notice of this within one month ( Art. 280 of the Labor Code of the Russian Federation).
The increase in the term is due to the fact that the dismissal of the general director is carried out by decision of the collegial body or general meeting participants (shareholders). Accordingly, it takes time and a number of legal actions to convene the relevant meeting.
However, the leader is subject to general rule that this period may be reduced if there is an agreement between the employer and the employee. In this case, the manager must put the date of leaving the position on the application, and the person representing the employer must put the appropriate consent visa on the application.
Exists arbitrage practice specifically in relation to managers, where dismissal before the expiration of month term if the date of termination of the employment contract, agreed by the employer, is not indicated on the application (for example, see the appeal definition of Lipetsk regional court dated 01/13/2016 in case No. 33-59/2016). Therefore, the procedure for processing the departure of the head should be taken seriously, starting from the stage of application.
CEO resignation letter
So, the head of the organization draws up his will to resign with a personal statement. At the same time, he refers to the person or body that elected (appointed) him to the position. If it is a limited liability company with a single member, then the application is addressed directly to the single member. If the sole executive body was elected by the general meeting of participants, then the application is written to this body.
The leader has the right to formulate his will in different ways: “ please voluntarily dismiss " or " please terminate early labor contract ».
Often the head of the organization is appointed or elected to a position, setting him a probationary period. If during the period probationary period the leader decides to leave, then the warning period here will be regulated Part 4 Art. 71 Labor Code of the Russian Federation. The dismissal of the general director in this case must be with a written warning three days in advance.
Notification of the founder about the dismissal of the director: sample
This document is intended to bring to the attention of the participants (participant) that the sole executive body intends to resign, as well as to issue a request to convene a general meeting. This document is not provided for by the norms of labor legislation, but is fully justified in the field of corporate law.
If there is only one founder in the company, then the notification will be in the nature of a statement. The form of notification of the sole participant may be as follows:
To the sole participant of LLC "____"
Full name
NOTIFICATION
I hereby notify you of my intention to terminate the employment contract from 05/15/2017. I ask you to organize the procedure for receiving and transferring documents and valuables.
Proper notification will be the sending of this document by registered mail with a description of the attachment.
In practice, conflicts often occur when a notification or statement by the general director is not followed by any reaction from the owners of the company. And here comes the conflict of labor and corporate law.
On the one hand, the Labor Code of the Russian Federation proclaims freedom and the ability to terminate the contract at will at any time, on the other hand, corporate law standards impose a number of obligations on the sole executive body and the functionality that can only be performed by the head.
Simply leaving one's position, even with the observance of the entire procedure for notifying owners and deadlines, endangers the activity legal entity- impossibility of carrying out financial transactions holding personnel policy, signing documents with employees, issuing powers of attorney, making transactions, etc.
Procedure when it happens dismissal director of an LLC at his own request in a conflict with the owners, is dictated by the balance of interests of the director and the legal entity. It is more reasonable if the leader who wants to leave the position sends a statement to all the addresses of the legal entity known to him and to the address of each of the participants indicating his intention to leave the position from a certain date in a month.
After the expiration of this period, if the participants did not convene the meeting, did not dismiss him from his post and did not elect another director, it is advisable to apply to court of Arbitration. It is necessary with the requirements to recognize the inaction of the founders as illegal and to release him from his post.
Until the court decision comes into force, it is necessary to perform its functions and protect the interests of the company. After all, until the leader is relieved of his post, his inaction can harm society, which means that there is a risk of a number of disputes. This way of leaving in a conflict situation is also beneficial for the leader himself, because from the date of the court decision, he is released from liability for the legal entity. And his inaction in relation to the company cannot be punished.
Download related documents:
Dismissal of the director of an LLC at his own request: registration
The procedure for the dismissal of the director of an LLC at his own request contains a number of actions inherent in the registration of the departure of any employee. If the procedure for the transfer of cases is organized, then, as a rule, it is completed by the time the order is issued. Based on the results, an appropriate act is drawn up.
The order is issued with a reference to the grounds for dismissal (application or notification), the date of termination of the employment contract, the norms of the Labor Code of the Russian Federation. The resigning leader gets acquainted with the order against signature. The decision of the sole participant or the minutes of the general meeting of participants (shareholders), which reflects the decision to dismiss the general director from office, can also be the basis. Then this document is indicated in the work book as the basis.
Information about the termination of the contract at the initiative of the employee is entered into the employee's personal card. The resigning manager signs in the corresponding field of the card to confirm the fact of receiving a work book.
On the day of resignation, the director is given all Required documents work related.
On the last working day, the manager receives payments that are provided for by the Labor Code of the Russian Federation - wages for the period worked, compensation for unused vacation, and others. No other compensation and so-called "parachutes" in this case are not paid, because this is not provided for either by the norms of the Labor Code of the Russian Federation, or by agreement of the parties (when leaving at one's own request, a written bilateral agreement is not drawn up).
In the situation of the departure of the head, it is necessary to take a number of actions related to the termination of special powers under the law.
Thus, information about the change of the head is entered in the Unified State Register of Legal Entities - the organization is obliged to notify the registering body about the change of the sole executive body within three days. Otherwise, the organization faces a fine in accordance with paragraph 3 of Art. 14.25 Code of Administrative Offenses of the Russian Federation.
A number of organizations consider it necessary to notify their counterparties in writing about the change of head. Of course, it is necessary to notify the credit institution servicing the company and reissue the card with samples of signatures and seals.
Application for the dismissal of the general director of an LLC: sample
As we can see, the procedure for releasing the CEO is much more complicated than for ordinary employees. The paperwork should be approached very carefully, because. in this case, there is an increased risk of disputes not only under labor law, but also under the rules governing the activities of legal entities.
In accordance with the labor code, any working person can decide to quit of his own free will. It is enough for this to express your desire in writing in the form of a statement and after some time stop working in the company. But it is possible to quit some positions, but with very great difficulty, so as not to break the law. One of such cases is the dismissal of the general director of an LLC at his own request.
As soon as the lead manager decides to leave the job of his own free will, various legal obstacles immediately appear that prevent him from quitting and complying with all laws.
Any other employee of the company for dismissal of his own free will submits an application two weeks before the specified date. The general director is obliged to notify the company one month in advance in writing. This is dictated by the fact that he is responsible for all processes in production, reporting.
The General Director is the sole executive body of the company and is responsible for the legality of the actions carried out by the company. It will take a long time to find a new competent top manager to replace the current one in a leadership position. Yes, and paperwork for dismissal will take a long period of time. Early filing of the application is also important for the CEO himself, in order to clearly delineate the terms when he was the head, and the time of avoiding decision-making.
The definition of the general rights and obligations of the head of an LLC is made at a meeting of the company's participants. Only it has the right to choose the executive offices of the company or terminate their powers.
The General Director must notify the general meeting of participants of the intention to dismiss. He has the right to call him at any time. to address key issues in the public interest. The company can ignore the decision of the leader to resign and not look for a replacement.
Infringement of rights and arbitrary dismissal
The free decision to work is enshrined in Article 37 of the Constitution Russian Federation. And forcing a person to work with coercion is prohibited by the Labor Code of the Russian Federation. The meeting of the company is called upon to accept a statement from the director about the desire to resign and they cannot refuse him this. By being inactive, members of the general meeting abuse their rights, but the situation with the dismissal of the CEO cannot be hopeless. The transfer of cases to another person is carried out in order to delimit the degree of responsibility in time between the two leaders.
The first and important step is to convene the participants of the general meeting. All individuals who fall under this category Written invitations are sent indicating the time and place of the meeting. It is better to send such mailings with a description of the internal attachment. If the council members ignore the message, the manager will have a receipt with a description, a mail stamp and an inventory in his hands.
Sometimes the situation develops in such a way that it is known in advance that the intentions of this representative of the meeting will not appear to resolve the issue of dismissing the director, then you can speed up the process by attaching two documents at once to a valuable letter: an invitation to a meeting and a letter of resignation of your own free will. The conclusion is that to notify negligent members general council it is necessary for everyone without fail and to collect documentary evidence about this.
In some societies, there is a procedure for notifying its members of the holding of a general meeting by registered mail, to the type of which a valuable letter does not belong. In this case you need to duplicate the notice also by registered mail in order to comply with all the formalities that it was impossible to find fault with.
If the CEO is sure that his desire for dismissal of his own free will has been communicated to all participants in the general meeting, he can terminate his activities one month after this event. His dismissal can be considered completed, it remains only to formalize this with an appropriate order for the company, which he himself can initiate. He can also make an entry in the work book on his own.
Highlights when firing a CEO
The problem remains unresolved in the issue of registration of the director in the unified state register of legal entities as the sole executive body of the LLC. This situation is complex and unresolvable until a new general manager of the LLC is found.
A legal organization is obliged to submit to the tax authorities all changes relating to its sole contractor. But the application form to the registry should contain information about the new director, and not that the old one is no longer working. From the moment the previous general director of the LLC ceased his powers, he no longer has the legal right to file an application with the tax authority, since he is not a leader and cannot act on behalf of the company without a power of attorney to conduct business. That is, the resigned director simply will not be able to submit documents and change the registration data on the termination of his powers.
It is possible to completely change the registration data in the register only after the company accepts the appointment of a new person to the position of General Director of the LLC and notification of his new data to the registration single register legal entities. In fact, the old CEO should not worry, it is much more important to think about the affairs of society which he controlled.
Work Transmission
If all the conditions for the independent dismissal of the director are met, he can notify all participants in the LLC about convening a meeting to transfer cases to another person. Notification occurs according to the scheme described above with the preservation of all receipts and inventory. If there is no suitable candidate for the position of General Director of the LLC by this time, the company has the right to instruct one of its members to take over from the director and formalize it in the appropriate act.
The date of dismissal of the head is great importance, after which he is not responsible for the illegal actions of the company. If the violations were revealed during his time in power, then he will have to answer for them in full.
The legislation does not directly indicate the procedure for the transfer of cases by the former general director of an LLC of his duties, rights and documentation, therefore, a person leaving such a responsible position needs to insure himself and not do illegal deeds.
Procedure for the CEO.
- Funds in cash at the cash desk of the company must be handed over to the bank by issuing this action with an appropriate document.
- At the time of dismissal, it is imperative to report on all taxes, put documents in order, sign pending important contracts and terminate outdated ones. It is worth paying all due taxes and debts to counterparties, it is advisable to pay by wages with workers.
- All current accounts of the company are recommended to be closed. Sometimes some of them have cash and it does not allow you to close the account. In this case it is necessary to notify the management of the bank in writing about the dismissal of the director and the impossibility in the future to make any monetary transactions on behalf of the former head and with his signature.
- The notice of the director of the bank is left in two copies with his signature, one remains with the former director.
- Although the law does not provide for notification tax authorities about the dismissal of the old director, but it is still necessary to do this. The best way to describe it simple letter, in which to notify the authorities that the dismissal took place in compliance with all the letters of the law. Such a step is necessary so that in the near future after leaving there are no problems with questions from the tax office, for example, about missed reporting deadlines.
A situation arises when the process of transferring important documentation to a new director is not possible, then the question arises of preserving securities that are valuable from a material and ideological point of view. Each director decides this question independently, taking into account the prevailing circumstances.
The General Director has the right:
- store documents at your own risk;
- enter into an agreement with a reliable archival organization and store important papers there. The contract must contain a clause on the possibility of issuing documents at the written request of the company;
- the general director may deposit the papers with the notary in in due course on behalf of the LLC company, so that the new top manager of the company can pick them up for further use in their work.
Actions of a notary
An employee of a notary's office can accept for storage documents with or without an inventory, if the packaging is reliable and not damaged. In this case the envelope is stamped and signed by a notary public. From that time on, he is personally responsible for the safety of the papers:
- certifies and fixes the time of delivery of documents for storage;
- accepts as a deposit cash, material assets and a package of securities kept by the future director, if there is no person appointed for the transfer. In this case, the LLC company acts as a creditor;
- accepts documents and papers of the LLC company for storage;
- issues a certificate of surrender of documents to the bearer.
Determination by the notary of evidence
The Director General may apply to the notary's office to provide evidence that he has performed all the actions necessary for preservation. For example, locking a cabinet with a key or transferring any documents to ordinary people of the company to resolve everyday issues can take place in the presence of a notary.
The notary has the right to interrogate witnesses, to examine material and paper evidence. If necessary, appoints an examination for integrity and integrity.
The notary is guided by the norms of civil procedural legislation to establish the procedure for the process of providing evidence by interested parties. The notary appoints the time and place of the procedural action, but if one party did not appear, this cannot be an obstacle to the determination of evidence.
When transferring cases, the former head can use the services of a notary to fix the indicator of witnesses, participants in the LLC. it once again can confirm that meeting invitations and resignations have been sent out. Ordinary employees of the LLC can also testify and confirm information about the dismissal of the director, confirm other actions of the former leader.
The general director may ask to inspect the premises, valuables, documents on their safety and certify its results by a notary. Documents issued to the former general director of the LLC on securing evidence, in the event of a conflict, may be additionally considered by a court or other body.
In order to quit the general director of an LLC of his own free will, in the absence of the initiative of the members of the council of the company to let him go, you need to go through hard way. But the day will come when former leader feel free and worth fighting for.
The director of a legal entity, with the organizational and legal form of management in the form of a limited liability company, is an employee who is subject to the rules Labor Code Russian Federation.
Resignation letter
The head of the company is also its sole executive body, whose activities are regulated by the legislative norms relating to LLC. They imply the need for prior termination of powers. The grounds for dismissal of the director are identical to the circumstances characteristic of ordinary employees, but the procedure for conducting the event is different.
Dismissal procedure
The dismissal procedure involves the registration of the termination of the employee's labor duties.
To dismiss a full-time employee, it is enough to notify the employer in writing of your desire to terminate the employment contract two weeks before the event, after the expiration of which:
- the employee receives the earnings;
- the representative of the employer makes an appropriate entry in the work book;
- the employee acquires the status of dismissed, not employed and no longer related to the production activities of the company.
Registration of the dismissal of the director of an LLC at his own request is carried out according to a different scenario, which involves the implementation of mandatory measures related to the termination of powers and registration actions in the authorized bodies.
How to dismiss the director of an LLC at will: a step-by-step procedure
Algorithm for the dismissal procedure
The dismissal of the head of the company takes place in accordance with the norms and requirements that complement and clarify each other:
- Labor Code of the Russian Federation;
- Legislative acts regulating the activities of limited liability companies.
The procedure for releasing a manager from obligations is carried out in several stages:
- Notification of the founders about the upcoming event at least 30 days before its occurrence. The event must be held by composing a letter in the form of an application and mailing it with a notification option. A sample application for the dismissal of the general director of an LLC will help to correctly draw up a document.
Resignation letter
- Initiation of the meeting by the chairman of the representatives of the management bodies immediately after receiving the notification from the director.
- Holding a meeting, the agenda of which is the issue of early resignation of the duties of the head and the appointment of his successor.
- The adoption of a collegial decision, implying the dismissal of the head of his own free will.
- Registration of a protocol, which is a document justifying the resignation of the head.
- Issuance of an order to terminate employment. The document must be issued in the T-8 form.
Sample letter of resignation
- Making an entry in the work book indicating the registration information of the completed protocol.
- Certification of the entry in the work book by an authorized representative of the company and its seal.
- Informing the authorized bodies about the event.
Read also: Income Statement 2-NDFL - what is it
Reasons for resignation
Dismissal of the General Director of his own free will is carried out in situations provided for by labor legislation, implying general special or additional grounds for initiating the procedure.
Reasons for dismissal
General
The general grounds for the head of the company are identical to the circumstances characteristic of ordinary workers:
- expiration labor contract;
- unwillingness to take office;
- transfer to another job.
Special
Special grounds are typical for company executives in situations:
- sale or donation of LLC, which entails a change of ownership;
- failure to fulfill assigned duties;
- illegal actions that entailed a violation of the safety of property.
Additional
When carrying out liquidation measures of a limited liability company, a mandatory measure is the removal of its head from office.
Filling out a work book upon dismissal of a director
Notification of authorized bodies
The Tax Service must be notified of the change of the head of the company within three days, from the date of dismissal of the former director, in order to timely make changes to the unified database of legal entities.
Specialists authorized body require the event to be carried out by the former director, since the new management does not have the right to perform legal transactions, which include the signing of documents, until changes are made to the single database.
Unified database of registration of legal entities
This necessitates the inclusion of additional sections in the rule for the procedure for dismissing a director:
- drawing up a notice;
- certification of the document by a notary;
- personal visit to the Tax Service and submission of the document.
How to issue a dismissal if the director is the founder
If the director and founder of the company are one person, then you can relieve yourself of duties at any time. In this situation, the employment of the director, who is the owner, is not affected by the norms of the labor regulation section, reflected in the labor legislation.
The dismissal of the head of the LLC is carried out in accordance with his sole decision.
Dismissal can be issued according to several schemes, the choice of which determines the rules for processing the procedure:
- At personal request, which necessitates an entry in the work book, in accordance with general order filling it out, referring to the personnel order.
- By decision of the participant, as a result of which it is necessary to reflect in the work book a record of dismissal at the initiation of the authorized body of the company, indicating a link to the relevant decision.
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