Who must sign an order to fire a CEO under labor law? The procedure for dismissing the director of an LLC of his own free will Order for the dismissal of the general director

It can be one of the founders, or the only founder, he will be an employee of the enterprise. Therefore, when registering labor relations all the required documents must be drawn up with him, as well as when terminating an employment relationship.

CEO - is primarily an employee

General grounds - on a general basis, an employment contract is terminated both at the initiative of the employer and at the initiative of the employee. Reasons for termination initiated by the employer:

• one-time gross violation;
• repeated and job description in the presence of previously imposed penalties;
• loss of trust;
• expiration, etc.

End of action employment contract the most common reason, since, as a rule, a fixed-term employment contract is drawn up with the general director. At the same time, no one can prohibit the general director from submitting a letter of resignation under on their own like all other employees.

In this case, there is only one difference. If an ordinary employee is obliged to notify the employer of the upcoming dismissal at least 14 days in advance, then in case general director this period is increased to 1 month.

That is, the person in the position of the general director has the right to submit an application for dismissal to the general meeting of founders and, upon the expiration of this period, stop his labor activity, regardless of whether there was a meeting of shareholders during this period.

As with the dismissal of an ordinary employee in the case of the CEO, the employer ( general meeting or one authorized person) can, in agreement with the employee, shorten the warning period, even dismiss on the same day.

In the case when the general director is the only founder of the LLC, the submission of an application turns into a formality necessary to comply with the requirements of labor legislation when registering employees.

It is also possible to terminate the employment contract between the general director and the owners of the organization by agreement of the parties.

Special grounds

Employment record of dismissal

An expert lawyer's opinion:

The decision on dismissal or employment of the head of the enterprise is always taken by the owner. The article describes the entire procedure for dismissing a manager. It is correctly stated that the owner can exercise his powers alone if he is the only participant (shareholder). Or maybe through the governing bodies authorized by the charter.

For example, general meeting, board of directors, or board. But in any case, an order must be issued signed by the dismissed director. In it, instead of the usual wording, the decision of the owner (meeting, board of directors or board) can be announced. This decision is attached to the order. This will comply with business and labor laws.

Our lawyers are ready to help you in difficult cases. Please refer to the specified contact information.

But the video material will acquaint you with the specifics of hiring a CEO: https://www.youtube.com/watch?v=vTzaWOrwv0Q

Despite his leadership status, the CEO is the same employee in the company as everyone else. He can also be dismissed at the initiative of the owners of the company, of his own free will or for reasons beyond his control. In case of termination of the employment contract, it is necessary to issue an order to dismiss the general director.

When an order is drawn up to dismiss the CEO

The dismissal of the general director is governed by the norms of the Labor Code and FZ-14 "On Companies ..." of 1998.

The specificity of the dismissal of the general director is that the order of dismissal is signed exclusively based on the results of the meeting of the general meeting of the founders, as stated in the official letter of Rostrud.

Who signs the order

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

In general, the CEO is responsible for signing the resignation. Paradoxical as it may seem, the CEO should also sign his own dismissal order. The legislation does not specify any exceptions to employees, whose dismissal orders cannot be signed by the CEO.

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

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

Rostrud in his explanations on this subject "On the procedure for dismissing the general director ..." dated 2009 No. 1143-TZ adheres to a similar position: that the order of dismissal is signed by the general director.

In practice, a situation may arise when the general director cannot familiarize himself with the order of dismissal. Then there are three possible solutions to the current situation:

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

Content and structure of the order

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

The document must contain information such as:

1. Full name of the employing company with an indication of its form of ownership.
2. The number of the order of dismissal (in accordance with the numbering adopted in the company).
3. Date of preparation of the order.
4. Title of the document.
5. Date and number of the employment contract, which is through the publication of this order.
6. Date of dismissal.
7. Full name of the dismissed employee, his position.
8. dismissal with reference to the corresponding article of the Labor Code of the Russian Federation. It can be Art. 77, 81, 83, 278 of the Labor Code of the Russian Federation.
9. Documents that serve as the basis for the termination of the employment contract (this can be of their own free will, the decision of the founders, etc.).

The general director must sign the order and indicate that he has been familiar with it.

How to correctly write a letter of resignation of the CEO of your own free will

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

In this case, an employer means a company, and its supreme governing body is a meeting of participants or sole participant... Therefore, having made the decision to resign, the CEO must convene an extraordinary meeting of the owners.

The notice of an extraordinary meeting will be a form of warning the employer about dismissal. The notification must indicate:

1. Full names of the members of the company.
2. Reference to the clause of the Charter of the LLC, which gave the director the right to convene an extraordinary meeting.
3. Agenda of the meeting: election of a new CEO due to early termination of the contract with the current one.
4. Date and place of the meeting.
5. CEO signature.
6. Date of notification.

Attached to the notification is a letter of resignation addressed to the members of the company. It must be written in it:

• Full names of founders;
• the name of the employing company;
• register a request for dismissal of their own free will indicating the date of termination of the contract;
• put the date of signing the application and the signature.

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

The order is drawn up in the T-8 form or in any arbitrary format. Clause 3 of Part 1 of Art. 77 of the Labor Code of the Russian Federation "Dismissal of their own free will." It should be noted that the meeting of founders has no right to prevent the termination of the employment contract with the general director.

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

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A director can be fired on many grounds - a violation labor code, excess of authority, one-time gross violation, agreement of the parties, termination of the employment contract, the director's own (general) desire. All grounds are spelled out in the Labor Code of the Russian Federation.

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

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

How is the order issued?

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

1. the process of registering an application by the first manager with intentions to dismiss (for some cases, this stage is not a mandatory action. If the director leaves of his own free will, then the application is mandatory);
2. convening a meeting of founders, where a vote is taken on the dismissal of a specific leader, and a new successor is outlined (a minutes of the meeting is prepared, which reflects all the issues under consideration and decisions taken);
3. preparation of the relevant order to terminate the employment contract with the director (form T-8);
4. committing a record to work book(a link is made to the requisite data of the previously mentioned protocol) with mandatory certification by a seal.

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

Features of preparation

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

• The header of the document is drawn up, where all the details of the company are indicated (name, type of organizational and legal form, etc.).
• Next, the date and place of drawing up the order are indicated.
• After the name of the document, a heading should be indicated, in which you need to indicate the semantic load of the main action to which it is focused - on the dismissal of the director.
• The text explains the reason for the decision to dismiss. A link to the document, which caused the need to issue an order (minutes of the meeting and its details), should be indicated.
• The dismissed manager has the right to sign the order himself, since only he has been delegated the right to sign documents aimed at personnel transformations.

Important subtleties

According to legislative framework(p1. article 243, article 277 of the Labor Code) the first manager is a financially responsible employee. Therefore, upon his dismissal, the initiation of the start of the work of the inventory commission is required, which will be charged with the recount order material values... Such an order is subject to issuance to performers by the dismissed director personally. Based on the results of the work of this commission, a number of conclusions are drawn:

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

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

Download samples

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

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