How to fire the CEO by decision of the founder. Dismissal of the CEO Dismissal of the director-sole founder and sole owner

worker as CEO occupies a dual position in the enterprise, because he is employed on a general basis, concluding labor contract with the founder.

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But at the same time, he represents the interests of the founder as the sole executive body of the enterprise, and has great powers. He has a huge responsibility for managing the enterprise. As an employee, he has the right to use guarantees, benefits, and can claim compensation.

Legal basis for dismissal

The general director of the enterprise is responsible for production activities, its promotion and development. An important role in solving the tasks assigned to the enterprise is played by its personal qualities.

Often the founder is forced to fire the CEO who is not properly managing his enterprise, in addition to this, other reasons are possible.

Labor legislation regulates the procedure for dismissal of the management by the founder, which establishes its grounds in accordance with the instructions of articles 81, 83, 278.

These include:

change of the owner of property at the enterprise;
dismissal is the right of the employer if the general director made an unreasonable decision, as a result of which the safety of property was lost, and his illegal actions led to damage to the property of the enterprise;
while doing functional duties the CEO committed a one-time gross violation;
removal from office of the head in accordance with the onset of the state of insolvency of the enterprise;
on other grounds stipulated by the employment contract.

If the CEO has committed no wrongdoing in the performance of his duties, then he is paid income-tax-free payments in the amount of the average monthly salary increased three times. This provision is carried out in accordance with the regulations tax code RF, namely Article 217.

Other types of grounds include any reason that undermines the production activities of the enterprise:

deliberate communication of any information to persons who do not have the right to be acquainted with it without obtaining permission from the founder;
failure to obtain specific indicators in the course of activities;
concealment of information about family ties with any employee who works at this enterprise;
partnership in another company.

The general director of the enterprise has the right to terminate the employment contract at any time, for which he is obliged to notify the employer of the decision taken in advance. Notice period for dismissal of a manager own will is one month.

Features dismissal of the CEO by decision of the founder

According to the generally accepted rules, in accordance with the organizational and legal form of the enterprise, the dismissal of the management is included in the range of issues resolved by the general meeting of founders, shareholders and authorized bodies. For example, in an LLC, JSC, the general meeting of founders, shareholders exclusively makes a decision to dismiss the general director.

In some cases, it is accepted by the board of directors, but the competence of the board must be provided for in the charter of the joint-stock company.

Concerning unitary enterprises belonging to the state, municipal authorities, the owner of the property has the right to dismiss the head holding the position of general director.

An employment contract with the General Director may be terminated in accordance with Articles 77, 81, 83, 278 of the Labor Code:

on a universal basis;
when using special grounds;
with additional grounds.

Dismissal issues in non-profit organizations are provided for by the provisions adopted by the charter, although in practice often the owner of the property alone decides it.

However, the general meeting is held so that the actions of the founders are not regarded as contrary to existing legislation.

It must be drawn up in a protocol, in which it is necessary to indicate the number of founders present and voting for the accepted proposal.

Offenses committed in the implementation of the dismissal procedure entail the application of a measure of influence in the form of administrative responsibility. In addition, the dismissal decision can be challenged in court if the CEO files statement of claim.

sole founder

Often in practice there is a case,. Typically, this situation develops in an enterprise where there is one founder. Termination of labor duties as a director of an LLC occurs in a simple way, because he has the right to dismiss himself at any time in accordance with the instructions of article 273 of the labor code.

The decision is made by him alone, since the owners are not subject to the regulation of the labor of the head of the enterprise.

However, he needs to formalize his decision properly in accordance with the regulations.

The founder can dismiss himself in two ways:

at his own request, he writes a letter of resignation, a regular entry is made in the work book, references are made to the issued order, substantiating the decision of the founder;
by decision of the founder, in the order he indicates that the employment contract is terminated due to the adoption by the authorized body of the legal entity of a decision to terminate it in accordance with paragraph 2 of Article 278 of the Labor Code of the Russian Federation, an entry is made with a link justifying his decision.

In the second method, he is obliged to pay himself as a general director, in accordance with the instructions of legislative acts, compensation equal to the average monthly salary tripled, therefore, most often, many founders choose the first method.

Order

The decision to dismiss the general director is drawn up by an internal order for the enterprise on a form with a unified, developed and approved by the State Statistics Committee of Russia in early 2004, resolution number 1.

It is published by the CEO on the last business day.

The text of the order contains the grounds for dismissal, references to the relevant standards, the date is affixed, his signature. The order is fixed with the seal of the enterprise.

In the days preceding the dismissal, it is necessary to carry out the procedure for the acceptance and transfer of cases, which is drawn up by an act. As usual, it is carried out on the last working day. The procedure for the transfer of cases is established founding documents enterprises.

In what situations can you not be fired?

The current legislation of the Federation provides for the groundlessness of the dismissal of the heads of the enterprise in some situations.

In particular, article 81 of the code established a provision according to which the general director is not subject to dismissal:

during your stay in labor leave provided in accordance with regulatory enactments;
during his stay on sick leave due to temporary disability, excluding cases of termination production activities enterprise or legal entity having the status of an individual entrepreneur.

If the founder does not comply with the above conditions, then, according to the instructions of the decision of the Supreme Court of the Russian Federation, adopted in execution in March 2004, number 2, his actions are considered illegal. As practice shows, the point of view of the Supreme Court leads to serious problems that the founders get into in the event of a disputed dismissal of the director. In the future, disputes may arise regarding the basis on which the dismissal of the CEO will be considered an incentive to restrict his rights.

Enrollment in labor

When registering a work book, the founder must make an entry on the grounds for dismissal, according to which he terminates the employment contract with him. It is subject to registration in the generally established procedure for personnel records management.

Moreover, it is necessary to indicate a reference to Article 77 of the Labor Code, the Rules approved by the Decree of the Government of the Federation and adopted for execution in April 2003 under the number 225, approved by the Decree of the Ministry of Labor of Russia in October 2003 under the instruction number 69.

In addition, in the fourth column of the page of the work book, you need to enter the decision made by the founders, put down the outgoing number of the protocol drawn up during the general meeting or the decision made by the sole founder, justify the reason for dismissal, certify with the seal of the enterprise. The procedure for making entries in the work book was approved by a letter from Rostrud in March 2009 under the number 1143-TZ.

What is the subsequent responsibility?

Despite the dismissal of the general director from his position, he is not relieved of the material and other types of responsibility assigned to him. labor law The Russian Federation has fixed the provision according to which the obligated party to the employment contract must compensate the other party for property damage. It may arise as a result of improper performance of functional duties.

The judiciary has the right to demand pecuniary penalty With former leader if the business has suffered damage.

The CEO may be held liable as a result of dismissal, including:

material, since he is responsible for the property of the enterprise, if there was a direct damage due to incompetent actions;
criminal, if, according to the instructions of Article 165 of the Criminal Code of the Russian Federation “On causing property damage by deceit or breach of trust”, unlawful actions were committed, but his guilt must be proven.

There are emergency situations with personnel. Read how to apply.

A letter of termination of the contract is sent to prevent problems with counterparties. Find out about its content.

The provision on material assistance should contain information on the amount and procedure for payments. More information in .

The first type of liability is held by the general director in case of damage or loss of property, if the enterprise has suffered direct actual damage, costs, lost profitable offers. Any founder has the right to file a claim with the court in order to recover material damage from him. The amount of material liability is not limited, the general director is liable with his property, with the exception of living space, personal belongings.

According to the second terms are determined by the severity of the offense committed in accordance with the criminal code. At the end of the term, the general director is released from criminal punishment due to the statute of limitations, during which it is possible to attract.

Measure of impact

In accordance with Article 183 of the Code of Law, the CEO may be penalized for collecting information, which includes commercial, tax, banking secrets through theft of documents, bribery, threats. Its size is up to 80 thousand rubles, one salary or other types of income received for work performed within one to six months.

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According to his status, the CEO is entitled to unlimited powers within the enterprise. Proportionally, the responsibility placed on him also increases. With such a load, it is not easy to quit, even if you feel a strong desire to do so.

Basic moments

For termination labor relations of your own free will, according to the legislation of our country, it is enough just to write a written statement about this addressed to the head two weeks before the last working day. The dismissal of the general director must be preceded by a thirty-day notice to the owners of the LLC (Article 280 of the TKRF). This is due to the much more complicated procedure for transferring cases to his successor compared to the same ordinary employee. In addition, it will take more time to search for a candidate for a vacant seat: choosing a new general director is not a trivial task. Mistakes in selection can easily lead to bankruptcy.

The dismissal of the general director is carried out by the decision of the founder (or the meeting of co-founders). The appointment of a new "viceroy" is also within the competence of the co-owners of the Company.

To inform the meeting of his desire to quit, the CEO calls it. He has such a right. It is convened one month before the date of dismissal by sending written notices to each member of the LLC. When sending by Russian mail, an allowance should be made for the delay in the delivery of correspondence to its destination, which is characteristic of this service.

Role of the CEO

The head of an LLC, OJSC, CJSC represents the interests of the organization, is responsible for its progressive development and the growth of the welfare of shareholders. Its power is great, but not unlimited, it is under the control of the co-founders.

On the one hand, he gives work to the hired workers of the organization, on the other hand, he himself is the same hired, however, management unit. The future of the Society that hired him directly depends on his actions and orders.

The dismissal of a director at his will, in essence, is the dismissal of an employee, but he cannot, after the expiration of the notice of dismissal, unlike the latter, simply take it and not appear at work. The director does not have the right to leave his position before he transfers all current affairs to a successor, or for safekeeping to a notary.

The formal transfer of cases is an urgent need, as it will delineate the time frame of responsibility between the former leader and the replacement leader.

The dismissal of the CEO is complicated by the fact that the record of him as official representative The company is located in the state register of legal entities (USRLE). And in his vital interests, resigning, to be eliminated from this register. However, he cannot do it himself.

The transfer of all cases must be accompanied by the drawing up of acts of transfer. By this, the outgoing boss insures himself against further claims from the new leadership of the organization.

Leadership dismissal legislation

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The eightieth article of the labor "Bible", which regulates the issues of dismissal of one's own will, also applies to cases of dismissal of directors who wish to leave the chair.

The dismissal of the head is somewhat different from the usual procedure. Instead of fourteen days of “development”, he needs a month, because in two weeks he will not physically have time to hand over all the cases. However, if the members of the Society do not object, a candidate for the vacant seat has already been found, he may be released earlier.

The dismissal of the general director occurs by decision of the founder, but he must be notified in advance. This can be done by registered mail sent to each member of the Society, or convene the members of the Society and include the issue of the dismissal of the head and the appointment of his “replacement” on the agenda of this “congress” (clause 1 of article 36 of the Federal Law No. 14). gives the CEO the right to convene a "congress" of co-owners when issues arise that require collegiate discussion.

If the "changer" is not found, and the month from the moment of the notice of dismissal expires, the CEO can call a meeting to transfer all the affairs to the co-founders during it, having issued the appropriate transfer certificates.

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This collegial body in this case appoints one of the members of the Society to receive cases from the outgoing boss and gives him the right to sign the transfer act (Article 40 of the Federal Law No. 14).

Month expired? The eightieth article of the Labor Code of the Russian Federation gives the right to the head of this level to leave workplace by issuing an order (Article 84.1 of the Labor Code) on own dismissal and personally signed it. He also makes a corresponding entry in his labor record himself.

Reasons and types of dismissal of the head

Reasons for dismissal of a director may be:

his personal will;
the fixed-term contract has ended;
dismissal occurs by mutual agreement - the agreement of the dismissed person and the owners of the organization;
the founders themselves want the dismissal of the "viceroy" for the reasons specified in Article 81 of the TKRF, or without indicating reasons;
the reasons contained in the contract, supplementing the list of the 81st article;
the founders of the organization change;
the head brought the Company to the state of bankruptcy;
dismissal of the director on liquidation of the company.

Dismissal by decision of the founder

How to fire the CEO at the will of the owners of the organization? The decision to dismiss is made by the general meeting of co-owners, shareholders or the board of directors, depending on the form of ownership. If there is only one founder, he makes such a decision alone. Next, an order is issued, the objectionable employee is introduced to its contents, the transfer of cases to the successor is documented, and entries are made in work book, pay compensation, in a word, registration follows the standard dismissal algorithm.

Dismissed does not agree, considers dismissal illegal? He can challenge the wrongful dismissal in court.

Dismissal without the consent of the founder

It happens that the head decides to terminate the employment contract ahead of time, but the owners of the organization are not satisfied with his departure. How to quit the service of the CEO without the founder's "blessing"? Very simple. He asks the meeting of founders to release him from the leadership position of his own free will.

Forced labor in our country is prohibited by the thirty-seventh constitutional article, therefore, it is simply not in the right to refuse to consider an application for dismissal and force the founders' "congress" to work further.

Important

The meeting of founders itself, on the occasion of the dismissal of the “top”, is actually not going to terminate the contract with him (this goes without saying, since it is declared by Article 280 of the Labor Code and Article 33 of Law No. 14-FZ), but to appoint him an adequate replacements.

The founders may, in violation of the law, ignore registered letters with notice of dismissal or an extraordinary meeting regarding the election of a new manager. Then, a month later, the director may not appear in his office and complain to the court about the inaction of the founders. At the same time, a demand is made to complete his dismissal of his own free will and remove his name from the Unified State Register of Legal Entities.

Important

If the owners of the Company ignored the letter of resignation, the director, after waiting for the notice period, according to Article 80 of the Labor Code, may not go to work. It is necessary to preserve evidence that the founders were promptly notified of the upcoming dismissal.

Possible problems with the meeting of founders

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The month of the warning period has passed, and the owners did not show up for the announced collection? No problem. The director dismisses himself by issuing an order, entering the basis into the labor and taking it away. It would be easy to leave, the eightieth article of the labor "Bible" allows this. But what about deeds, documents, material values and company seal? There are three options: take it with you, deposit it according to the inventory in the archive, conclude a storage agreement with a public notary.

It may turn out that a "counsel" of co-owners has taken place, but a new candidate for director cannot be found. The resigning manager should transfer the affairs to any of the founders present at the meeting, according to the relevant act. But within the framework of one meeting, this will not work, you will have to convene another one, the last in the practice of a resigning director.

It also happens that the founders came together and new boss appointed. But there is no way to transfer the case to him yet: one of the participants in the transaction fell ill, urgently left for good reasons, in a word, is absent. They act as in the case of the lack of reaction to the dismissal from the founders: they leave the documents, the seal and the values of the organization for storage in the archive or with a notary. The contract prescribes the right of the new leader to receive them at the first request.

Dismissal of the director by agreement of the parties

When the owners want to change the chief manager, but he resists, it's time to offer him dismissal by agreement (Article 78 of the Labor Code of the Russian Federation). The amount of compensation for dismissal offered by the owners of the company can convince him to voluntarily leave the position.

Having agreed to the proposal of the founders, the manager writes a statement in which he indicates dismissal by agreement as the basis.
The constituent assembly discusses with the dismissed person all the nuances of the upcoming dismissal in an interactive mode, a written agreement is drawn up. Upon elimination of all disagreements, the document is signed by both parties.
Further, the process of dismissal proceeds in the standard way: the transfer of cases to a new candidate for a vacant place, an order, registration of labor, full payment.
The tax authorities must be notified of the dismissal within three days.
The dismissed person must pay off on his last working day.

If the CEO is the sole founder

It is not uncommon for a compatriot, who is the sole founder of the company, to perform the functions of a director. If such a desire arises, he will have to dismiss himself (Article 273 of the TKRF). There is a simplified dismissal scheme. An order is drawn up, dismissal on one's own is entered in the labor, they refer to paragraph one of part three of article seventy-seven of the TKRF.

Dismissal upon liquidation of an enterprise

When liquidating an enterprise, the decision to dismiss the former boss, acting as an employee, is made by a general "congress" of founders, investors, after notifying the candidate for unemployed sixty days in advance. Also, a sixty-day notice is sent about the impending liquidation and the release of a large number of workers to the employment service. The documents are signed, the liquidation commission appointed by the meeting or the manager selected by the results of the competition accepts the cases.

The tax authorities are notified within three days after the decision on liquidation is made. After dismissal, the CEO is entitled to financial support in the amount of average salary within two months while looking for a job, provided that within fourteen days after the dismissal he registers at the employment center.

If the manager is a founder and is a member of liquidation commission, his dismissal is carried out in a similar way, however, he remains a member of the commission, transferring all his previous powers to it (Article 178, 180 of the TKRF).

Dismissal of the head in case of bankruptcy

The ruin of the organization most often becomes a direct consequence of the ineffective activity of its director. Therefore, they do not stand on ceremony with him. There is no notice of an impending layoff. No severance pay or compensation is given. The decision to dismiss is made arbitration court(Article 126 of Law No. o127-FZ), it enters into force immediately. Thereafter former director it is required in three days to have time to hand over all the affairs, documents, seals, company values to the appointed temporary manager.

Director's notice period

The director notifies the co-founders of the impending dismissal thirty days in advance, which is twice the notice period for an ordinary worker. With the consent of the founding council, he can be released earlier. Of course, if he has time to hand over all the cases to the candidate in his place.

Stages of the dismissal procedure

First, all co-founders are notified about the congress to the meeting, the agenda of which includes the dismissal of the director.

The owners of the company accept and approve the minutes of the meeting, indicating in it the reason for the dismissal of the “top”.
A dismissal order is issued and registered in the journal.
Acts on the transfer of cases, documents, property are drawn up.
All amounts due upon dismissal are paid.
Information about the dismissal is entered into the personal card of the dismissed and labor.
The bank and the tax office are notified of the change of leadership.

Manager's resignation letter

The structure of the "dismissal" application is standard:

in the upper right corner write the details of the addressee (to the board of directors, chairman of the general meeting of co-founders, etc.);
under them - the position occupied by the resigning person and his full name;
in the center of the next line write the word "statement.";
further, from a new paragraph, they state a request for dismissal with reference to the 280th article of the Labor Code of the Russian Federation and an indication of the date of termination of the contract;
date and sign, deciphering the painting immediately after the stroke.

The finished paper is postponed until the moment of the general meeting, which the dismissed director has the right to convene. He sends out a notification to all the owners of the company about the day of the "founders' congress". The event is officially held and recorded. The decision approved by the majority is documented. Based on it, a dismissal order is written. And the associated procedure begins.

CEO dismissal order

The document is usually (but not necessarily) drawn up in the T8 form, specially unified for this kind of paper. Exactly the same is used when dismissing any worker. It is interesting that the director has to dismiss himself: he writes the order himself, endorses the paper himself and signs that he is familiar with it. It sounds and looks comical, but these requirements are legal, follow from Article 84.1 of the TKRF. The order can be made without using unified forms, however, it must comply with the norms of federal law No. 402-FZ.

Record of dismissal in labor

It does not differ in anything original from the standard record: the next number, date, wording referring to Article 280 of the Labor Code (without abbreviations), and to a document confirming the fact of dismissal. We are talking about the details of the minutes of the meeting of co-owners, and if the LLC has one owner, then his sole decision. The entry is certified by the seal of the company. Are the owners ignoring the director's written request to resign? He has the right to dismiss himself on his own, filling out all the papers. In the work book, as a document evidencing the dismissal, the number of the order that the director wrote to himself is indicated.

Changing the date of dismissal

The general manager may make adjustments to the date of his dismissal until information about his dismissal and the appointment of a successor is included in the unified state register of legal entities. For this, an internal order is issued.

What should a retiring CEO do?

The first is the transfer of affairs to the new director. A deed of transfer is drawn up, it is better if it is signed not only by the successor himself, but also by a couple of witnesses present during the transfer. Stamps and seals, keys to premises, safes must also be handed over against signature.
If there is no successor, and the owners cannot resolve the disagreements that have arisen between them, the documentation is temporarily kept at home, or transferred to the archive of the organization or a notary for storage. You can send a valuable parcel, attaching an inventory of the contents, to the founder of the LLC, if he owns the company alone.

The most reliable way is with a notary or in an institution engaged in archival storage of documentation. However, these services will be extremely expensive.

The second thing that a retiring CEO should attend to is the fulfillment of his reporting and salary responsibilities to employees.

Thirdly, to hand over all the cash contents of the cash desk to the credit institution with which the enterprise works, reporting on all amounts that require reporting. Of the directors, few people remember that, for every fireman, it is required to keep all the tear-off stubs of warrants and issued receipts. In addition, when giving advance answers for verification, it is imperative to take a tear-off part of the form for yourself, which indicates which papers have been handed over to the accounting department. Not copies, but originals.

Fourth, if a new candidate for the post to be left is not approved, the dismissed CEO should notify the tax authority on his own. Form P14001, which implies a notice of the transfer of official powers from the old "boss" to the new one, in such cases cannot be filled out due to the lack of a successor. But on the other hand, a notification letter sent to the tax authorities will insure the dismissed person in case of possible claims in the future.

Transfer of cases upon dismissal of the director

The CEO calls a meeting of co-owners to hand over the business to his successor. If his candidacy is not approved by this time, the “conference” will elect one of the co-owners and give him the right to accept documents, keys, seals and valuables from the ex-director. This appointment is also fixed by the relevant act.

The date on which the CEO was fired is extremely important for him, because having removed all powers from himself, he also loses responsibility for any illegal actions of the co-owners committed after this date. But if jambs are found during his "reign", he will have to answer.

The algorithm of actions of the CEO when transferring cases after dismissal is not specified in the laws, but it should include the following points:

Cash must be deposited with the bank immediately.
Report taxes. Sign all pending orders and contracts, terminate expired agreements, in a word, put all the documentation in perfect order. To pay debts on transactions and wages to the collective of workers.
The bank accounts of the organization should be closed. Often there is money left on them, which does not allow this to be done. Then the bankers are notified in writing that the director has been dismissed, and no more transactions can be made on his behalf. The notice of the management of the credit institution is drawn up in duplicate, after signing one remains with the dismissed director, the second - with the banker.
No successor appointed? The Federal Tax Service should be notified in a simple letter that the dismissal of the director took place in accordance with the norms of the law on such and such a date, month, year. This will save the dismissed person from problems with missed deadlines for reports, if these happen after his dismissal and through no fault of his own.

Actions of a notary

The notary clerk accepts for storage documents of the company from the dismissed general director with or without an enclosed inventory, if there is no one to transfer the cases to yet. The packaging of the package must not have any damage. Having ascertained this, the notary puts his seal on the package and signs it. From this moment on, he is fully responsible for the safety of the package entrusted to him. Only the new general director, appointed by the company's board of directors, will be able to receive the documents, proving that he is the one who introduced himself when contacting the notary.

The notary can be a witness that the CEO did everything to keep the company's documents safe: he locked the safe with a key, gave papers to work for employees to solve production tasks etc. The clerk will legally confirm the legitimacy and timeliness of any actions of the dismissed person, for example, that the distribution of notices about the meeting of owners took place. The general director may involve a notary to inspect the valuables belonging to the LLC for their safety with the execution of the relevant act. Therefore, if the atmosphere in the company is unhealthy, it is better to pay a notary and he will provide the dismissed person with evidence of the legitimacy of his actions. This evidence, as well as the personal presence of the notary, can be used in court to defend against false accusations.

What payments are due upon dismissal of the CEO

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Compensation upon dismissal of the director by decision of the founder is possible in two cases:

the owner of the company changes;
by the will of the owners without explanation.

The size of the "golden parachute" in this case cannot be less than three monthly salaries of the dismissed top manager.

Compensation in the amount of a salary for one month will be given to the dismissed due to the liquidation of the Company. But at the same time, he retains the right to two more average salaries, which will be paid if the dismissed "top" is registered with the employment center and does not find a job within two months.

Dismissal on the "guilty" points of the 81st novel of the Labor Code of the Russian Federation generally excludes any payments. Quite often, the dismissed "top" also has to compensate for the harm caused to the enterprise.

The law is silent on mandatory compensation when it comes to dismissal by agreement of the parties. But in real life, there is usually no reason for the dismissed person to agree to a dismissal without a material incentive, so certain monetary incentives are always negotiated. Their size equally suits both the dismissed CEO and co-owners.

Resigning on his own, the "top" cannot count on any severance pay. But even in this case, money is often paid, because such a condition may well be contained in the employment contract with the director, increasing the attractiveness of the position even before being hired.

Compensation for dismissal of top managers is limited to three monthly salaries only in public institutions and organizations, the property of which is more than half owned by the state. In associations of commercial owners, they themselves decide what size of the "golden parachute" to allocate to the ex-director. Usually, such payments are not stingy, because it will be a good advertisement for attracting a new promising manager.

Calculation of compensation for dismissal

Since the compensation upon dismissal of a top manager is three average monthly salaries, it is not difficult to calculate the amount.

Example

The “top” appointed for two years worked in the company from the date of entry to work on 12/30/2016 until the day of dismissal at the initiative of the co-owners on 01/09/2018.
The twelve months of 2017 are taken into account, in which there were two hundred and forty-seven working days.
Twenty of them (including days off - twenty-eight calendar days) he spent on legal leave, twelve - on a business trip, five were treated in the hospital. Total - thirty-seven days, which are excluded from the calculations.
This means that there were two hundred and ten days actually worked (we subtract 37 from 247).
Director's salary, let's say, fifty thousand rubles. And no bonuses were paid to him. Vacation, sick leave and business trips, of course, are ignored.
For two hundred and ten days, the dismissed, according to the statement, earned 520 thousand rubles. This means that in one day he earned an average of 2,476 rubles. (520000/210).
The severance pay is calculated as follows:
We multiply the average daily earnings by the number of working days in three months (from January 10 to April 9). According to the statement, there are 61 of them. We get: 2,476 rubles. x 61 \u003d 151036 rubles. Exactly so much will be the severance pay of the dismissed boss.

Notification of the Federal Tax Service and extrabudgetary funds of dismissal

Has the “concilium” of co-owners dedicated to the dismissal of the old and the appointment of a new governor ended? The successor has three days to notify the department of the Federal Tax Service, in which the LLC was registered, of the change in leadership. He takes two documents with him: a notarized application in the form P14001, a copy of the minutes of the meeting that appointed him the new boss. You do not need to pay a fee for this action. Didn't make it in three days? A fine of five thousand rubles is possible (Article 14.25 of the Code of Administrative Offenses of the Russian Federation).

Important

The law does not require that the removal of the former and the appointment of a new CEO occur on the same day. However, until he has been appointed, the tax authorities must still receive a notification about the termination of the powers of the dismissed "boss" within three days.

An application for changing an entry in the Unified State Register of Legal Entities is accepted only from the new CEO personally. If he is not there yet, and the old boss decides to remove his name from the state register, he is unlikely to succeed. Based on the requirement that Form P14001 be signed exclusively by the new boss, the tax authorities will simply refuse him. An absurd situation is emerging: in fact, he is no longer a representative of the authorities at the enterprise, since he was fired, but legally he remains, because the data about him as a general director is still contained in the Unified State Register of Legal Entities and it is beyond his control to remove them from there.

Many fired bosses go to court for this reason. And gradually the practice is already taking shape when their claims are satisfied: judges oblige the tax authorities to change entries in the state register at the request of individuals from whom the general director's powers have been removed.

There is no need to report the change of leadership anywhere except the bank: the Federal Tax Service will notify the management itself off-budget funds, Rosstat and inform other government bodies. That's why there is interdepartmental cooperation - Information system costing the country a lot of money.

Change of data in the bank

While the director's chair is empty, the enterprise cannot carry out any financial activities, requiring certification by a personal facsimile of the boss. There is no one to sign the papers and thereby take responsibility! Therefore, a delay in the election or appointment of a new chief can lead to serious consequences.

Has the issue with the new "top" been resolved? It is urgent to change the entry in the state register of legal entities, and then carry the following papers to the bank where current accounts are opened:

minutes of the meeting of co-owners or a resolution on the appointment of a new management;
updated record sheet of the state register of legal entities;
an order appointing a new general;
a card containing a sample signature of the newly minted boss.

If you work with a current account through Internet banking, you will need to generate a new electronic access key to the system.

Revocation or confirmation of issued powers of attorney

Managing the company former boss could delegate powers through issued powers of attorney to certain persons so that they performed any actions on his behalf. If the powers of attorney were signed not for one-time, but for specific time periods, then after the dismissal of the boss, it is possible that they continue to operate. Such papers must be strictly recorded in the appropriate journal. It indicates the expiration date of each document. The outgoing boss should cancel the current powers of attorney so that no one uses them for their own personal purposes.

The same must be done in relation to nominal seals, facsimile prints. The next boss will order one for himself.

What responsibility is assigned to the director of an LLC after dismissal?

Managing the enterprise alone, the director bears considerable responsibility for ensuring that the activities of both himself and his wards do not go beyond the law. Upon dismissal and transfer of cases to the next manager, this responsibility is not removed. Until the statute of limitations expires for offenses or crimes committed during the “rule” of the company, he can easily be called to court as a defendant.

Therefore, if there were violations, and the revision financial statements after the arrival of the next boss, they will find out, you need to prepare either money or crackers, depending on the severity of these violations. Responsibility can be both personal and joint, if his deputies, the chief accountant or Chief Engineer. Depending on the violated articles, either administrative or criminal prosecution will be applied.
This is the specifics of the work of top managers, they are responsible for the entire business.

The new general needs to scrupulously check the cases that have passed into his jurisdiction from his predecessor, even before he finds himself in the coveted leather chair. Have you looked at the violations committed by the previous top and his team? You can easily become an accomplice in the face of justice.

How long does liability last after dismissal?

How long the sword of Nemesis will be brought over the dismissed boss depends on the severity of the “legacy” left by him at the enterprise:

within a year, he may be charged with claims for compensation for material damage, as well as for other administrative offenses;
for non-serious criminal offenses - within two years, crimes of medium gravity - six years, serious crimes - up to ten years.

If the ex-boss, not wanting to pay or sit, went on the run, the limitation period will begin to drip from the day the court verdict in his case is announced.

Judicial challenge of dismissal

Despite the appointment of the position, the dismissed "top" is legally protected upon dismissal. If the dismissal is illegal and there is evidence of this, they are ready to hear him in court within a month from the day he was fired from work. There were no grounds for dismissal, and they said goodbye to the specialist, violating the requirements of the Labor Code? The judge will demand that the dismissed person be reinstated in his original place and pay for his forced absenteeism, the costs of lawyers and compensation for moral suffering.

How to fire a director so as not to pay him benefits? Co-owners often expel him for incompetence, which caused serious material losses and for gross violations obligations set out in the contract. Often these violations are not even specified.

It will be difficult for the dismissed person to sue the business owners himself, therefore, without a specialized legal aid hard to get by. In any case, when the court takes the side of the plaintiff, the defendant will cover the costs of litigation from his own pocket.

The documents

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

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

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

Basic moments

According to the Labor Code, every employee has the right to quit at will. For this, it is enough writing to express such a wish proper execution interrupt work.

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

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

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

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

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

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

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

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

Advance notice of dismissal is significant for the director himself.

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

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

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

What it is

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

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

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

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

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

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

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

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

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

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

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

What could be the reasons

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

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

The reasons for the dismissal of the CEO may be:

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

Legal aspects

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

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

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

And upon dismissal, the CEO must notify supreme body organization management:

general meeting of founders;
the only member.

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

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

Absolutely all participants must be notified about the meeting thirty days in advance. At mail notification you should take into account the delivery time of the letter from .

Procedure steps

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

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

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

Documenting

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

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

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

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

We form an order

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

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

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

The order states:

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

How to write an application

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

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

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

Video: how to fire a director

The text is dated and signed. The application is submitted to general meeting or may attach to the notice to members of the company.

Enrollment in labor

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

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

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

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

What payments are due

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

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

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 of the 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 at his own request 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 proof 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 of general director of LLC, 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 companies with limited liability» dated 08.02.1998 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.

Given the above rules, we can say that the best option is to send an application to 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 country's basic law prohibits forced labor, LLC participants are not entitled to refuse the head of the organization early release from office.

Don't know your rights?

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

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

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

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 norm that became the basis for the termination of the employment relationship.
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 of Art. 5 of the law "On state registration 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. For this, it is necessary to submit 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 prescribed 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 head) is still necessary. In the entry in the work book, it is necessary to indicate that the reason for the termination of the employment relationship was retirement.

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

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

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

Responsibility of the CEO after dismissal

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

So, material liability leader occurs in the following cases:

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

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

Unlawful actions of the head may become the basis for criminal liability 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.

Hello! In this article, we will talk about how to fire the director of an LLC.

Today you will learn:

Reasons for the dismissal of the director of the LLC;
The procedure for the dismissal of the director of an LLC;
Payment of compensation.

How to fire the director of an LLC

LLC director - this is individual which manages the enterprise and is responsible for its activities.

Despite the fact that the head of the company is endowed with certain powers, the Board of Founders is recognized as the supreme authority of the LLC. So the question is: “How to fire the CEO?” - remains relevant, and has a number of features.
It is the Board that can dismiss the director and appoint a new person to take his place. Participants of the enterprise gather at a general meeting to decide on the issue of dismissal. Based on the results of the event, an appropriate decision is made.

In order to know how to properly dismiss a director, you need to follow established order shown below:

Procedure	Description
Registration of the minutes of the Board of Founders	The document is drawn up properly with the obligatory indication of the reason for dismissal
Issuance of a notice of dismissal	The document must be registered in the journal
Drafting	Acceptance and verification of the values listed in the act
Payment of amounts due	All compensation, final wages and other benefits must be paid
Making entries in the personal card of the director	It must be signed by the director
Make an entry in the work book	The work book is issued to the director on demand
Notify bank	Providing the necessary package of documents
Tax Service Notification	Within three days, it is necessary to provide the required documentation, including a notarized application for

Dismissal of the director of an LLC at his own request

The head of the LLC, on the one hand, acts as an employer, and on the other hand, he is an employee who has the right to vacate his position at will.

The body that hired him is authorized to dismiss the director at his own request. In such a case, according to Art. 280 Labor Code, the employee is obliged to notify the employer of the upcoming dismissal no later than 30 days. Moreover, notification is required in the form of an appropriate application submitted in writing.

If the dismissal of the head occurs on own initiative, then the decision of the founders is not required. The Council is obliged to consider such an application and take appropriate measures.

The current head is obliged to convene an extraordinary meeting of participants to decide on the selection and appointment of a new candidate for the place vacated by him. The founders must be notified no later than one month before the date of dismissal. A notification should be sent to the postal address of each of them. It contains information about the new convocation and the agenda.

We remind you that you can find the postal addresses of the participants in the documentation kept by the LLC. If the founders are legal entities, then their postal address is contained in . In cases where the information has lost its relevance, and there is no other information, then the notification sent to the last specified address is considered to be executed.

At the general meeting, the participants of the enterprise, after the selection and approval of a new candidate, must decide on the date from which the powers of the former director cease, and the new head will be able to take up employment duties.

This date could be:

The number indicated by the director in the application, provided that the founders agreed with it;
After 1 month to notify the participants. If the date falls on a weekend, then the date of dismissal of the director will be considered the next business day;
Any other date agreed upon by both parties.

If the desire to resign came from the director due to circumstances in connection with which he cannot continue to work, then you will have to dismiss him on the day that he indicated in the application.

The actions to be taken by the director upon dismissal are presented in the table:

No. p / p	Action	Short description
1	Account for outstanding amounts	You should submit an appropriate report, and the available surplus money to the cashier. You need to make copies of all documents to eliminate possible disputes
2	Notify bank	Timely notification of the bank will allow you to avoid the illegal use of the signature on payment documents after leaving the company. This is especially true when using an electronic key, and the Bank-Client program
3	Prepare an act of acceptance and transfer of valuables	Such a document is signed on the day of dismissal. You should check the list of valuables in it (Stamps, forms strict accountability etc.), and transfer them to the new director

Other reasons for the dismissal of the director of an LLC

Other reasons why a manager may be fired include:

The term of the employment contract concluded with him has expired. company contains necessary information by the expiration date of the contract with the current manager. Members of the organization are obliged to notify the director within three days before this date. If his work suits the founders, then they conclude a new contract with him;
If the director and his employer have entered into an appropriate agreement. Such dismissal is also called "soft". You should resort to it if you need to fire an employee, but you don’t want to spoil your relationship with him. It is impossible not to exclude the fact that the director during his work was able to establish business trusting relationships with the partners of the company. To prevent the loss of customers, you need to take care of a "soft" parting.
Founders Initiative. Any member of an LLC may initiate the dismissal of a manager. The reasons may be dishonest attitude to labor duties, excess of authority, taking actions that caused harm to the health or property of the enterprise, etc. If there are illegal actions, the Council is obliged to decide under which article to dismiss the director. dismissal articles, former employee has the right to challenge it in court.

The legislation provides for the option of dismissing a director at the initiative of the founders without giving reasons.

If the property of the LLC has passed into the hands of other owners. Do not misunderstand the change of founders. Since the organization itself is recognized as the owner of the property, and not the founders of the LLC, therefore, the change of owners means the transfer of ownership to third parties.
Removal from office in case of recognition of the enterprise. Under existing circumstances, the head of the bankrupt enterprise is relieved of his post, and the management of the organization passes to the deputy.
. In cases of closure of the enterprise, the manager notifies the staff no later than 2 months. After the selection of the liquidation commission at the enterprise, the head is removed from office.

How can a founder fire the CEO of an LLC?

The dismissal of a director at the initiative of the founders is a complex process, which is often accompanied by various conflict situations. You need to remember that compliance with all formalities in such cases will save you from undesirable consequences.

A founder wishing to dismiss a director needs to call a meeting and issue a statement to that effect. The Board of Founders determines the legitimacy of the claims and makes a decision. In most cases, a director may be placed on probation.

If a positive decision of the participants is received, then the protocol of the Council is sent to the head.

It must have his signature on it. Its presence indicates that the director was notified in a timely and proper manner.

Payment of compensation to the dismissed director

The size monetary compensation, which is supposed to be paid to the director upon dismissal depends on:

From the conditions prescribed in the employment contract;
From the circumstances under which the head leaves the company. Naturally, if the director is clearly at fault, no bonuses will be awarded to him;
Depending on the availability of conditions additional agreements concluded between the parties in the course of work.

The amount of compensation depends on:

From the time actually worked at the enterprise;
The time remaining until the end of the employment contract is taken into account;
Based on the amounts that he would have received in the event of the further implementation of his labor duties;
Additional expenses that the manager will incur in the event of early dismissal.

Compensation paid upon dismissal is not taxable. It is equal to the average monthly salary, taken in three times.

However, if the employment contract does not contain any conditions for the payment of compensation to the dismissed manager, this does not mean at all that the LLC is exempt from paying it. If no illegal actions were established in the actions of the director, then the employer is obliged to pay the amounts due. You should remember that the dismissed employee retains the right to apply to the court, and he can decide on reinstatement.