Order for the dismissal of the general director at his own request. The procedure for the dismissal of the director of the LLC at his own request An example of an order to dismiss the director under article

provided for by labor law.

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

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

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

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

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

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

How exactly should an order be made?

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

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

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

Consider the features of specific options for such an order.

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

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

In the notice of dismissal own will The director must state the following:

grounds for dismissal - statement of the director to the owner ( general meeting);
link to labor laws this case for part 3 of Art. 77 of the Labor Code of the Russian Federation.

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

Order of the CEO to dismiss himself

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

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

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

Download Order CEO you can fire yourself

Order to dismiss the CEO by decision of the founder

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

Subtleties regarding the dismissal of the director

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

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

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

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

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

05.09.2019

Any working citizen, under certain circumstances, may terminate the employment contract with the employer or be fired.

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

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

founding documents

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

There can be several reasons why a director quits (dismisses). Among the main ones, the following should be noted:

own initiative;
systematic violation of the production schedule;
making a general decision at a meeting of all founders;
company bankruptcy;
liquidation of the organization;
causing damage to LLC;
expiration of the labor agreement (if it was urgent), etc.

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

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

In the case of the director, its duration is one month.

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

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

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

Who is signing?

Often there are situations in which the director is the only head of the company. In other words, there is no position whose powers included more rights and duties.

When drawing up documentation relating to the dismissal of a manager, it is necessary to adhere to the standard scheme for compiling papers.

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

The situation is similar with orders. It is compiled in without fail signed by the director himself.

How to issue orders for the departure of the head of an LLC at his own request?

For registration of documentation of the specified sample, a unified form is used - T-8.

Depending on the reason for the need to suspend labor activity, other papers are being prepared that serve as the basis for issuing an order.

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

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

full name of the institution;
the serial number of the order and the date of its preparation;
form according to OKUD and OKPO;
the exact wording of the name of the order;
dismissal order. Begins with the words “Terminate the employment contract”;
date of termination of the agreement, information about this document- number, date of conclusion;
information about the dismissed person - position, initials;
employee's payroll number;
the reason in connection with the occurrence of which the employee quits or is fired;
data on the document that served as the basis for issuing the order - its name, number, date of execution;
initials and signature of the chief executive of the company or all founders;
the signature and initials of the dismissed person, acting as his consent with the information set forth in this order.

If necessary, for the execution of papers of this nature, you can use the standard form of the form developed at the enterprise.

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

Download Sample

Download an example of an order to dismiss the CEO at his own request -.

How to make a cancellation?

There are situations in which it becomes necessary to cancel the action of the order to dismiss the head.

For his reinstatement, a number of standard measures should be taken.

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

If the founders are not against the cancellation of the dismissal, the employee is easily taken back.

At the same time, it is compiled, the purpose of which is to cancel the action of the previous one.

The order contains the following information:

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

You can cancel the dismissal order at the initiative of the employee himself, other directors or in court.

Useful video

An example of issuing an order for dismissal of one's own free will in the T-8 form is discussed in detail in this video.

The reasons for this decision are:

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

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

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

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

Part three is no longer valid.

By decision of the founder

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

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

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

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

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

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

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

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

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

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

Without the consent of the founder

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

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

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

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

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

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

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

Labor Code of the Russian Federation. Article 80
The employee has the right to terminate the employment contract by notifying the employer in writing not later than two weeks, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

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

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

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

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

An important nuance making such a decision becomes:

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

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

Statement

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

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

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

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

Order

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

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

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

Compensation calculation

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

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

Deadline for filing care information

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

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

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

Features of making an entry in the work book

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

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

Changing the date of dismissal

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

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

The change is made by internal order.

Responsibility of the former leader

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

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

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

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

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

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

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

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

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

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

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

Summary

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

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

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

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

Didn't find an answer to your question? Find out, how to solve your problem - call right now:

Who signs the order on the admission and dismissal of the general director in unified forms T-1 and T-8 for the head of the organization?

Answer

Answer to the question:

Orders for the head of the organization for employment. taking office, sending him on a business trip, on vacation, on dismissal, etc., the head himself has the right to sign.

Prior to concluding an employment contract with the General Director, a decision must be made by the authorized body of the organization on his election (appointment) to the position.

This decision can be made by:

If the organization has only one founder (participant), then the general director is appointed on the basis of a single participant (shareholder) (clause 2 of article 7 and clause 1 of article 40 of the Law of February 8, 1998 No. 14-FZ, clause 2 article 2 and article 69 of the Law of December 26, 1995 No. 208-FZ).

On behalf of the joint-stock company, the employment contract with the general director must be signed by the chairman of the board of directors (or the supervisory board). It can also be a person who is authorized by this governing body. This is stated in paragraph 3 of Article 69 of the Law of December 26, 1995 No. 208-FZ.

Issue an order on hiring the General Director at unified form No. T-1 (Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1) or according to. Its appointed director is signed by the Saami. The first order of the CEO should be an order to take office. Usually there is a wording: "In pursuance of the decision of the shareholders (participants), I begin to fulfill my duties from such and such a date."

Thus, orders for the head of the organization on admission, sending him on a business trip, on vacation, etc., have the right to sign the head himself. No prohibitions or special order for such cases labor law does not install. The legitimacy of this approach is confirmed by the letter of Rostrud dated March 11, 2009 No. 1143-TZ.

To terminate the employment relationship with the General Director (regardless of), a decision of the authorized body of the organization is required. AT joint-stock companies this is, as a rule, a general meeting of shareholders or a board of directors (supervisory board) (clause 3, article 69 of the Law of December 26, 1995 No. 208-FZ). In societies with limited liability- general meeting of participants (subparagraph 4, paragraph 2, article 33 of the Law of February 8, 1998 No. 14-FZ). Make a decision to terminate the employment contract with the General Director. If there is only one shareholder (participant) in the company, then issue the dismissal of the general director by the decision of the sole shareholder (participant).

It must be signed by the CEO himself, since it is he who is authorized to sign all the administrative documents of the organization.

Details in the materials of the System Personnel:

1. Situation: What documents need to be issued upon dismissal of the CEO

To terminate the employment relationship with the General Director (regardless of), the decision of the owner of the property of the organization or the relevant authorized body is necessary. In joint-stock companies, this is usually a general meeting of shareholders or a board of directors (supervisory board) (clause 3, article 69 of the Law of December 26, 1995 No. 208-FZ). In limited liability companies - the general meeting of participants (subparagraph 4, paragraph 2, article 33 of the Law of February 8, 1998 No. 14-FZ). Make a decision to terminate the employment contract with the General Director. If there is only one shareholder (participant) in the company, then issue the dismissal of the general director by the decision of the sole shareholder (participant).

Based on the decision, issue an order to dismiss the CEO in the unified form No. T-8, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, or by.

In the work book of the general director, make an entry about the dismissal with reference to the decision of the owners (details of the minutes of the general meeting or decision sole founder), on the basis of which the general director is dismissed (clause 5.1 of the Instruction approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69, section 1 of the instructions approved by the Decree of the Goskomstat of Russia of January 5, 2004 No. 1). The entry can be made by the employee responsible for maintaining work books in the organization, or by a person specially authorized by the body that made the decision to dismiss the head. In the latter case, this person must be indicated in the decision (for example, minutes). Under the record of dismissal, the responsible person indicates his position, signs with a transcript and certifies the record with the seal of the organization. Then he acquaints with the record of the dismissal of the head, and he also puts his signature in the work book.

Ivan Shklovets

2. Situation: who should sign orders for the head of the organization to take office, send them on vacation, business trips, etc.

Orders to the head of the organization about sending him on a business trip, on vacation, etc., have the right to sign the head himself. Labor legislation does not establish any prohibitions or special procedures for such cases. The legitimacy of this approach is confirmed by the letter of Rostrud dated March 11, 2009 No. 1143-TZ.

Ivan Shklovets

Deputy Head Federal Service for work and employment

3. Situation: Who decides on the election to the position of CEO

The CEO of an organization has a dual status. He is both an employee in labor relations with the organization and the sole executive body of the organization (Article 40 of the Law of February 8, 1998 No. 14-FZ, Article 69 of the Law of December 26, 1995 No. 208-FZ). As a leader, he decides all economic and managerial issues of the organization. As an employee, he is obliged to act within and comply with.

Prior to concluding an employment contract with the general director, a decision must be made by the owner of the organization on his election (appointment) to the position.

This decision can be made by:

general meeting of participants (shareholders) of the company, drawing it up with a protocol (for example, in an LLC - a general meeting of participants in the company);

 the board of directors (supervisory board) of the company (if the resolution of this issue is referred by the charter to its competence), having formalized it with a decision.

This is provided for by Article 63 and paragraph 3 of Article 69 of the Law of December 26, 1995 No. 208-FZ, Article 37 and paragraph 1 of Article 40 of the Law of February 8, 1998 No. 14-FZ.

If there is only one owner in the organization, then the general director is appointed on the basis of a single participant (shareholder) (clause 2 of article 7 and clause 1 of article 40 of the Law of February 8, 1998 No. 14-FZ, clause 2 of article 2 and Article 69 of the Law of December 26, 1995 No. 208-FZ).

Attention: Several persons can act as the head of the organization at once.

They, along with the head of the organization, have the right to issue powers of attorney, issue orders, sign any legally significant, financial and personnel documents, as well as give the necessary explanations to the controllers. At the same time, the organization can independently decide how exactly they will act - jointly or independently of each other - and what powers each of them will perform. The powers of the directors must be specified in the articles of association or otherwise. internal document organizations.

This procedure is established in paragraph 3 of Article 65.3 of the Civil Code of the Russian Federation.

Thus, if the head of the organization falls ill, goes on vacation, or some kind of force majeure happens, the one who has been granted the necessary powers will be able to solve important issues for him.

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

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

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

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

How is an order issued?

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

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

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

Features of preparation

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

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

Important subtleties

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

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

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

Download samples

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

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