Competent compilation of the order of the director's dismissal is a few useful samples for downloading. Reception and dismissal of the Director: Personnel Accounting Order on the dismissal of the Director-General on its own desire


05.09.2019

Any worker citizen in case of certain circumstances occurs may terminate the employment contract with the employer or be dismissed.

Director is no exception. Quite often, the dismissal of the chief executive officer of the company raises a lot of issues, one of the main among which is the technology of registration of associated documents.

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

Documents of the foundation

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

The reasons for which the director are fired (dismissed) may be several. Among the main items should be noted as follows:

  • own initiative;
  • systematic disorders of the production schedule;
  • taking a general decision at the meeting of all founders;
  • bankruptcy of the company;
  • liquidation of the organization;
  • damage to LLC;
  • end of the term of the employment agreement (if it was urgent), etc.

In order to quit independently, the head must prepare the appropriate, which is further discussed on the Board of Directors.

It is important to consider that after registering the working citizen must work out a certain period of time.

In the case of the director, its duration is equal to the month.

After issuing a statement at the general meeting of the founders, a decision is made on the desire / need for an employee to suspend the conduct of professional activities in this company.

At the end of the meeting, the director declared special paper - the Protocol. He, together with the statement of dismissal, acts as a basis for the publication of the order.

This topic is governed by various regulatory acts. For example, TK RF, FZ №129 and FZ No. 14.

Who signs?

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

When making documentation regarding the dismissal of the head, it is necessary to adhere to the standard paper compilation scheme.

In order to quit, the employee must issue a statement at the same time on all founders. If the fired director is the only one, the compilation of the application is the formality necessary for competent document management in the company.

The situation with the order is similarly likely. It is compiled in obligatory, signs it - the director itself.

How to arrange orders about the departure of the head of the LLC on his own accord?

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

Depending on the reason why the need to suspend employment, other papers are prepared as a basis for the publication.

The standard situations are considered to be the Protocol compiled at the meeting of the founders and the statement of the dismissal.

According to the generally accepted legislative standards, the order decorated in the form of T-8 should reflect the information of this nature:

  • complete name of the institution;
  • the order number of the order and the date of its compilation;
  • oKD and OKPO form;
  • accurate formulation of the name of the order;
  • prescription of dismissal. Begins with the words "terminate the work of the employment contract";
  • date of termination of the Agreement, information about this document - number, date of conclusion;
  • information about the dismissed - position, initials;
  • employee table number;
  • the reason, due to the emergence of which the employee is dismissed or dismissed;
  • data on the document, speaking as a basis for the publication of the order - its name, number, date of registration;
  • initials and signature of the chief executive company or all founders;
  • the signature and initials of the dismissed, acting as its consent with the information set out in this order.

If necessary, the type of form developed in the enterprise can be used to design the papers of this nature.

In obligatory in such a situation, it is worth reflected in it all the necessary information about the dismissal. It should be noted that the form T-8 is not mandatory, but only recommended.

Download Sample

Download an example of an order about the dismissal of the Director-General at his own desire -.

How to make cancellation?

Allocate situations under which the need to cancel the action of the order to dismiss the leader.

To restore it, a number of standard measures should be made.

First of all, the director must compile special.

If the founders are not against the abolition of dismissal, the employee is easily accepted back.

At the same time, it is drawn up, the purpose of which is the cancellation of the previous one.

The presentation indicates such data:

  • name of the company and firms;
  • information on the order of dismissal;
  • the circumstance configured to revoke the old order;
  • the date of entry into force of this order;
  • branded printing company (if available);
  • signatures of responsible persons.

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

Useful video

An example of registration of the order about the dismissal at the form of the T-8 form is considered in detail in this video.

Termination of labor relations with a manager - a procedure that has some features that distinguish the process from termination of a contract with a conventional ordinary employee. Despite the existing features, a mandatory document, on the basis of which the activities of the Director in the Organization are completed, is an order for his dismissal. To do this, the T-8 typical form can be used.

  • the expiration of the period of the employment contract, if it is urgent (from paragraph 2 of Article 77 of the Labor Code of the Russian Federation);
  • agreement of the parties (paragraph 1 of Article 77);
  • bankruptcy, liquidation of LLC (paragraph 1 of Article 81);
  • changing the owner by society (paragraph 4 of Article 81);
  • the commission, which led to a significant damage LLC (P.9 Article.81);
  • rough violation of duties (p.10 Article 81), etc.

Who signs the order to dismiss the director of the LLC

This means that the general director has the right to sign on the disposal of its care, subject to the overall procedure for changing the head. But by its authority, the meeting of the founders of the LLC can appoint another employee or member of the Company - the one who signs the order for the dismissal of the director, which should be mentioned in the decision on the removal of authority. In addition, the termination of such an employment contract may be issued by the decision itself without the compilation of the order.

Care from the work of the head of the enterprise is carried out on the grounds specified in Art. 77, 81, 83, 278 TK RF. When dismissing on his own initiative, unlike other employees, the general director is obliged to notify the founders about his decision for the month. The corresponding personnel order can be made according to the following model:

Important! The dismissed employee has the right to appeal in court the motives of its own dismissal, presented by the founder, since a rather abstract formulation of the norm of paragraph 2 of Art. 278 of the Labor Code of the Russian Federation nevertheless does not mean that the employer is not limited in solving the issue of the dismissal of the general director of the organization and resolves the problem at its own arbitrary discretion (see the definition of the Armed Forces of the Russian Federation of 01.11.2007 No. 56-B07-15).

The general director of the Limited Liability Company acts as its sole executive body (paragraph 1 of Art. 40 FZ "On Limited Liability Societies" of 08.02.1998 No. 14-FZ). The functions of the employer in relation to the General Director of the LLC are entrusted with the general meeting of participants (sub. 4 of paragraph 2 of Art. 33 of Law No. 14-FZ). Accordingly, the decision to terminate labor relations with the general director of the Jurlitz is made at an extraordinary meeting of the participants of the LLC, to initiate which is authorized by the chairman himself (PP. 1-2 Article 35 of Law No. 14-FZ).

How to dismiss the head by law - compile an order for the director's dismissal

  • in the case of bankruptcy of the enterprise;
  • the term of the employment contract was completed;
  • in the head of his own desire (this case, an extraordinary meeting of the Constituent Council is initiated;
  • the emergence of other reasons encouraging dismissal (their list is indicated in the labor contract and the Labor Code).

It is possible to dismiss the directors in many reasons - a violation of the Labor Code, excess of authority, a single gross violation, an agreement of the parties, the termination of the employment contract, the director's own desire (general). All reasons are spelled out in the Labor Code of the Russian Federation.

The dismissal of the head is a sample of the order, answers to questions

To terminate the powers of the Director, Ltd. will need to assemble the Council of Founders (Supervisory Board). 30 days before the expected date, it will be necessary to notify the founders about the upcoming meeting. At the end of the meeting, a protocol will be drawn up, which will be displayed in the order itself for dismissal.

  • the official name of the organization, which is managed by the Director;
  • document number and date of its compilation;
  • the name of the order is completely;
  • the text of the document should indicate the dates of termination of the employment agreement and the date of the actual dismissal of the director;
  • data on the director (name, position, table number);
  • the basis for termination of the employment agreement with the head with a reference to the regulatory framework (if it is his own desire of the head - then paragraph 3 of Article 77 of the Labor Code of the Russian Federation, if the violation is one of paragraphs Article.81);
  • signature company manager, date;
  • signature of a former employee, date.

Order of the dismissal of the director: sample filling, blank download

The text indicates the reason why the director removes the authority of the managerial, and reference to the document, on the basis of which this order was drawn up. In the case of your own dismissal, the director himself can sign order of dismissalSince, according to the law, only the executive body of the Company has the law of law signatures on personnel. And this in this case is the general director.

In the order of the director's dismissal, it is necessary to issue a hat (the name of the Company and its organizational and legal form), the number, place and date of the order of the order. Next, the title indicates briefly the content of the order (it is not necessary to write "about the dismissal of the Director-General", will correctly be in the example we specified).

Dismissal of the Director General at his own request

Application for dismissal by the founder from the director - A document that confirms the will of the employee who wants to leave. They constitute it 1 month before the expected date of caring from work (Art. 280 of the Labor Code of the Russian Federation). The writing of the application is not a mandatory stage. Sufficient evidence of the contribution of the general director is notice transferred to the company's founders.

An entry into the organization's labor leader can make independently or entrust it to an authorized person of the organization. He also has the right to assure her with his signature and the seal of the organization (if any). The main thing is to comply with the requirements of the instructions for the filling of labor books, approved. Resolution of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69:

Who signs the order for the dismissal of the Director-General on his own request: sample and important features

  1. The cap, which includes:
    • the name of the organization or enterprise, which is carried out by the Director General;
    • the name of the order (written in the upper right side or the upper central part of the document);
    • the date of drawing up a document, as well as two more dates - the termination of the employment contract and the moment of dismissal.
  2. The body of the order:
    • detailed information about the dismissed - FULL NAME, the position and others;
    • the reason for the reduction is the basis for the creation of an order can be both the own desire of the Director and the presence of errors during its work or bankruptcy of the Organization;
    • the name of the law, which is a legitimate basis for the implementation of the procedure.
  3. Conclusion:
  1. Owner of the enterprise. The reasons for such a decision of the founder may be: a gross violation by the employee of the main labor provisions; Damage to the enterprise due to direct or indirect solutions of the director and others.
  2. Shareholders of the organization. According to the Labor Code of the Russian Federation and the Federal Law "On Joint-Stock Companies", the meeting of participants has the right to displace the Director-General without the announcement of the reasons.
  3. Bankruptcy. With full ruin, the enterprise passes under external management (usually state), in this case, according to paragraph 1 of Art. 278 TK RF director shifts from office.
  4. The employee himself may also be the initiator of his dismissal.

Dismissal of the Director General at his own will in 2020

After the meeting, the gender issues an order about his own dismissal. Now he has the right to this. It is usually drawn up according to the form of T-8, but if the company received its developed form - you can use it, it will not be an error. Just note that complete information is made to the order: data on the organization and the outgoing director, the reason, justification and the date of dismissal are indicated.

However, it is important to know that the application is enough to replace the notification directed by the founders. This will be enough to make the decision to be reported to interested parties. We believe that the best option is still writing a statement and sending it simultaneously with the notification of the meeting. This will allow you to comply with the requirements of the law and eliminate the extra "paper" job.

As director of the ooo will be able to resign oneself

The procedure for the dismissal of the manager is no different from the order of dismissal of any other employee and Article 16, 17, 84.1, ch. 43 TK RF. The only feature is that the head can sign all the documents related to its dismissal, the order, as well as the labor book, if there is no other employee responsible for maintaining labor book to PP. 35, 45 rules, app. Government Decree of 16.04.2003 No. 225.

In general, participants do not need to decide on the dismissal of the head, if he wants to quit himself. But to elect a new candidacy of the sole executive body of the LLC they are obliged. And the dismissal director must convene their extraordinary general meeting to solve this issue A PP. 1, 2 tbsp. 35 Law No. 14-FZ.

05 Jul 2018. 232

There are various situations in life when the founder is forced to decide on dismissal from the director's office. It happens that the director is the only founder at the enterprise and then he himself will have to decide on his suspension.

Grounds for the dismissal of the Director General

The Labor Code of the Russian Federation provides for two articles on the basis of which the director can be dismissed:

1.St.81 according to which dismissal may occur in the event of illegal actions of the manager, as a result of which the employee and his health was harmful

2.st.278 depending on the circumstances arising by the decision of the owners

As well as the director may independently write a letter of dismissal or in the event of the liquidation of the organization or the transition to another place.

Important! In the event of the liquidation of the organization, the Director, as well as other employees, should be paid compensation in the amount of three salaries.

The procedure for dismissal by decision of the founder

If the director is dismissed according to the decision taken within the company, the process includes the following steps:

Stages Detailed description
1.Create all foundersMake a decision on the dismissal of the Director-General, consolidating this by the protocol following the account
2. On the basis of the Protocol, the personnel department issues an order to dismissalOrder according to the standard form T-8, indicating the layout of the dismissal and personnel number
3. Include records in a personal mapThe record is entered into the appropriate section under the prospect of the director
4. Ask an entry in the labor bookThe director also puts the painting there, which is familiar
5. The draft protocol on the appointment of a new directorYou can make it simultaneously with the dismissal of the previous
6.Cide to the tax inspectionFor three days it is necessary to submit a notarized statement about the change of the head of the enterprise, to do notarize, to pay about 2400 rubles for reforming
7. Enter the service bankProvide a record from a tax inspectorate on the change of the Director, the Protocol of the Assembly or the decision of the owner, the passport of the new director and the order of entry into office, as well as make a new key certificate with signature and printing

In compiling a protocol on dismissal, some formalities must be observed:

1. Usops, we specify the details of the organization and its name

2. Categories the following protocol and the city of compilation

4. The next step-to characterize the agenda, which is gathered: the liberation of the Director-General from the post and appointment of the new

6. The chairman and secretary, if such is.

Personnel documents when dismissal

After the preparation and signing of the protocol of the General Meeting of the founders, an order is published on the dismissal of the director for a unified form. Signs his director himself.

Next, the accountant calculates the wages and compensation for the unused vacation, if such was, lists the tax on the income of the individual on the day of dismissal, and the insurance premiums will pay at the end of the month.

Makes up a reference:

  • 2 NDFL for each year of work
  • Szvm for every month
  • CZV experience per year
  • RSV for every quarter
  • Issues a settlement sheet and signature statement
  • As well as certificate for the employment center for payments

Next, they make an entry in the personal card on the dismissal, the director signs, and give out the labor book, as stuffed with painting. And also you must not forget to make a mark in the magazine of movement of labor books.

Important! Allitone to dismiss the Director-General from office during illness or leave is prohibited!

Dismissal Director If he is the founder

This procedure is not very different from the previous one with the difference only in the case when the director is simultaneously and the founder, it is not a protocol, but the solution of the only participant in which it is necessary to indicate the removal of its authority from office on their own request, and on the basis of Decisions to write in your own name a letter of dismissal. And then the process occurs in the same way.

Responsibility of the founder when dismissing the Director-General

The founder will be accomplished in the event that he illegally dismissed the Director-General and he applied to court if the court decides in his favor, the director can restore.

The Director itself also bears material responsibility at the enterprise in the following cases:

  • For any reason, the benefit is missed for the enterprise
  • According to his fault, the property of the company was rapidly

Administrative disorders include:

  • Product sold without the use of cash registers
  • Constant violations in reporting and paying taxes

Important! In case, even if, after the general director, the fact of violations will be discovered in its actions, it can be criminalized. Depending on the severity, either a fine in large amount or detention will be imposed.

What problems may occur when dismissal

  • The director wrote a letter of dismissal in two weeks as provided for by law, but the new director was not found, then it is necessary to collect founders and decide to decide who to convey business.
  • Participants in the LLC did not make a decision on the dismissal of the director, although the term of the notification filed by them expired. With such a situation, the head can dismiss himself on the basis of Art. 80 of the Labor Code of the Russian Federation, stop fulfilling its official duties and independently make an entry on termination of the contract to the employment record.
  • Failed to convey the case to a new leader, you can leave the archive or at home and at the request.

Important! Knowing how to make it possible to dismiss the Director-General to avoid not the necessary clarification and evidence during verification.

Answers to common questions

1. Emboss number 1:

Is it possible to dismiss the Director-General for the decision of the founder?

Answer:

Yes, you can, there are several options: or dismissal is based on the fact that the director has violated anything and the staff suffered, or the company is eliminated or he himself decided to quit on his own request. To do this, it is necessary to assemble the Shareholder Council, if there are several of them, then draw up a protocol of the Assembly, where to make the main point - dismissing the Director-General and on what basis. Disrupting the legislation, the founder carries criminal and administrative responsibility if he ruins the head illegally.

2. Release number 2:

What personnel documents are executed when the director is dismissing?

Answer:

Employee of the personnel department publishes the order for the dismissal of the Director on the basis of the Protocol of the General Assembly, which indicates the employment record, making a record of dismissal, the accountant is obliged to issue certificates for payments and for the Pension Fund, for the Employment Center Help of its form, indicating over the years Payments, for registration as unemployed. The director, like other employees, has the right to receive compensation for a non-governmental vacation, which is calculated at about two days per month. Next, do not forget to take the head of the head in the journal of accounting for labor books, which must be carried out at the enterprise and the employee when dismissing it is written in it.

Who signs the order for the dismissal of the Director-General Most often you are interested in employees of the personnel department upon receipt of the order for the compilation of such an order. In our suggestive material, you will find the answer to this question, and you can also familiarize yourself with the sample of such an order.

What acts determine who signs the order about the dismissal of the General Director of LLC?

Despite its governing status, the Director General of Ltd. from the point of view of labor legislation remains an employee - and therefore, considering the issue of publishing an order about his dismissal and signature under this document, it is necessary to contact the Labor Code of the Russian Federation. It also describes the grounds and the procedure for the dismissal of employees, including the publication of the order to terminate the employment contract.

Another important source of legal regulation in this area is the Law "On Societies ..." of 08.02.1998 No. 14-ФЗ, which determines the powers of the Director General as the Executive Body of the Company and gives it the right to sign orders that determine labor relations with employees.

Is the Director General of signing an order for the dismissal of himself?

The General Director, which is elected by the General Meeting of the LLC, becomes the sole executive body of this society. At the same time, its powers provide:

  • representation of the interests of the organization;
  • issuance of powers of attorney to the representation of the interests of the organization, including assumptions of transition;
  • making transactions on behalf of the Company;
  • edition of orders for employment, translation and dismissal of employees, the use of disciplinary recovery or promotion measures, etc.

The law does not contain exceptions from the list of employees, the orders for the dismissal of which is signed by the Director-General. Consequently, he also signs the order about his dismissal himself, no matter how paradoxically looked.

Another reason for such an output gives the TC RF, which determines that the day of dismissal is considered to be the last worker's work day. This rule applies to the Director General. All the powers of the manager are preserved by the termination of the employment contract. This means that the order about his dismissal, compiled on the last working day or earlier, the director has the right to sign independently.

The same position adheres to both Rostrud in his letter "On the procedure for the dismissal of the Director-General ..." of 11.03.2009 No. 1143-TK. It amended the need to conclude an employment contract with the Director-General as the sole executive body of the Organization and its right to publish orders regarding labor relations, including in relation to itself.

Who, except the Director-General, can sign an order for his dismissal?

There may be situations where the Director-General does not have the opportunity to independently sign any document, including the order of dismissal. Like any other worker, he has the right to make a decision to quit at any time - with the only difference that the period of preliminary informing about such a decision has been increased to 1 month (in general, it is 2 weeks). At the same time, Art. 80 TC permits to inform the employer about the intention to quit during the leave or hospital. The general meeting of the founders in this case is not entitled to refuse to meet the requirements of the Director-General, as well as any other employee. And here there is a reasonable question: who signs the order for the dismissal of the directorin such situation?

There are 3 options for transmitting the right of signature and solving the problem to its occurrence:

Do not know your rights?

  1. The issuance of a power of attorney that gives the right to sign documents establishing and terminating labor relations with employees. The current CEO, in accordance with Part 3 of Art. 40 of Law No. 14-FZ, has the right to perform such actions.
  2. The publication of the appropriate order. As the local regulatory act, the order applies only to the enterprise's team, so the right of signature is transmitted only to another employee of the organization (in contrast to the attorney for the right to represent the interests of the company, which, due to the specified norm, can be issued to any person, including not Being its employee).
  3. Making changes providing for the right to sign up personnel documents into the job description of one or more organization employees.

Please note that the publication of such documents (orders, powers of attorney) does not deprive the right of signature of the general director. Moreover, he is entitled at any time to withdraw them or change the content.

The power of attorney is defined:

  • date and place of issuing a document;
  • power of attorney;
  • company name;
  • personal data of the principal and the person who takes authority.

The power of attorney is certified by the organization (if any) and the signature of the Director-General.

A similar content has an order to an enterprise, with the exception of the indication of the place of its preparation.

If there are no such documents, and the director is not able to sign the document, the meeting of the Founders of the Company is entitled to assign those who fulfill these functions.

Grounds for the publication of the order about the dismissal of the Director-General

Regardless of whether the General Director is the founder of the enterprise or a specially hired employee, an employment contract with him can be terminated both on his own initiative and by the will of the employer for the reasons envisaged by the TK RF. However, in any case, the order of dismissal is drawn up and signed only by the results of the meeting of the General Meeting of the founders - this is directly indicated in the letter of Rostrud No. 1143-TZ.

At the same time, the TC provides additional foundations for the dismissal of the manual:

  • the decision-making of the decision, which caused the illegal use of the property of the organization, harming him or his loss;
  • gross violation by the head of official duties (even one-time);
  • adoption of the relevant decision by the Board of Directors;
  • bankruptcy of the organization, etc.

The content of the order for the dismissal of the Director General, the sample

Despite individual features, orders to terminate employment contracts with such managers are made in general. As a rule, for this, the T-8 form is used, approved by the decision of the State Statistics Committee "On Approval of Unified Forms ..." from January 05, 2014 No. 1, although the use of an independently developed form is possible. The main thing is that the obligatory details are present in the order, like:

  • full name of the enterprise-employer;
  • the number of the order about the dismissal of the head;
  • date of preparation;
  • title of the document;
  • date and number of a terminated employment contract;
  • date of dismissal;
  • F. I. O. Fired by the head;
  • grounds for dismissal with reference to the corresponding article of the Labor Code of the Russian Federation;
  • the document on which the termination of the employment contract is based (the statement of the general director, the decision of the meeting of the founders of society, etc.).

The order must be submitted to the authorized Director-General to familiarize themselves under the signature.

IMPORTANT! The coincidence of the date of drawing up the order and the date of the director's dismissal is optional - the order may be published earlier.

Sample order of the dismissal of the Director-General You can download on our site.

Thus, no matter how paradoxically sounded, the CEO, acting on behalf of the employer, signs himself personally, if these rights are not transferred to other persons in the manner prescribed by law.

Stipulated by labor legislation.

What you need to be guided in the preparation and signing of the order

Condimizing the director, it is necessary to take into account the provisions of the following documents:

  • laws on certain types of organizations (in particular, they include FZ "On OOO", FZ "On JSC", etc.);
  • regulations and explanations of executive authorities (Rostrud, State Statistics Committee of the Russian Federation, etc.);
  • local regulations acting at the enterprise itself: with their help, separate rules can be installed that need to be guided by issuing an order to dismiss the director.

Based on these regulatory acts, the following conclusions can be drawn.

  1. If the director is fired, the order must be drawn up in the same way as on any other employee.
  2. The foundations and specific procedure for termination of the employment contract used for the manager are different from the one that is used for other employees.
  3. By specifying a date in it, with whom the duties of the manager are consistent. Without this, another person for his position can not be appointed.

The order is made only in the case when the Director works on an employment contract. If he is at the same time the owner (founder) of the organization, it is enough to publish a decree on appointing a new director instead of himself.

How exactly the order should be compiled

In the event that a typical form of T-8 is used for the order, it follows the rules established by the decision of the State Statistics Committee of the Russian Federation. If an enterprise has its own form for this document, it must contain the following data:

  • name of the organization;
  • the number of the order according to the organization's accounting system in the organization;
  • date of preparation;
  • the name of the order ("On the dismissal ...", "On the termination of the employment contract ...", etc.);
  • the full name of the disposal and title of the position (in exact accordance with the charter and staffing schedule of the enterprise);
  • details of the employment contract concluded with the director (number and date of conclusion);
  • date of dismissal;
  • grounds for dismissal (statement, decision of the owner, expiration and so on);
  • article Tk RF, on the basis of which the director is dismissed;
  • signature of the person who published an order;
  • the mark of familiarization (when the director publishes an order to dismiss himself, it looks somewhat strange, but these are the requirements of the TK RF).

You can download the director's dismissal order.

Consider the features of specific options for such an order.

Order on the dismissal of the Director of Ltd.

Like all employees, the director of the 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, relating only to the activities of management workers. In particular, his owner (founder) should not be warned about his own.

In order for dismissal, the following should be indicated:

  • the basis for dismissal is a statement of the director to the owner (General Assembly);
  • reference to the norms of labor legislation - in this case, by Part 3 of Art. 77 TK RF.

You can download the order for the dismissal of the Director of Ltd. on your own request.

Order of the Director-General on the dismissal of himself

If the Director-General and the founder is one person, an employment contract with him may not be concluded, and the norms of chapter 43 of the Labor Code of the Russian Federation do not apply to it. In this case, the manager does not require compliance with the provided Art. 280 of the Labor Code of the Russian Federation of the warning period per month, neither at all submitting an application for dismissal.

The general director, at the same time being the founder, will act as follows:

  1. as a founder, he issues a decision that the director's duties are consistent;
  2. if an employment contract was on behalf of the Company, it is additionally published as a director of his dismissal, and if the contract was not consistent, the order is not required;
  3. again, acting as the founder, he appoints a new director and notifies the tax authorities about the changes.

Download the order of the Director-General on the dismissal of himself

Order on the dismissal of the Director-General for the decision of the founder

Download the order for the dismissal of the Director-General by decision of the founder

Subtleties concerning the dismissal of the director

Is the Director General to sign an order for the dismissal of himself

In labor relations there are two sides - an employee and an employer. The organization itself acts as an employer, on whose name is the sole executive body. His powers are determined by the legislation and the Charter of the Organization. This body is the head of the organization, regardless of how it is called his position (director, general director, etc.).

Thus, even when it comes to terminate the employment contract with the head of the organization, the director should issue the necessary documents (including the order of dismissal), since it is precisely the sole executive body until the moment when this Position will be appointed another person. This follows both of the content of labor and civil legislation and from the explanations of the state executive bodies (in particular, the letters of Rostrud No. 1143-TK from 2009).

It is necessary to remember the following nuances in the TK RF.

  1. Day of dismissal - the last day in which the employee works. Up to this point, it applies to it all the rules relating to rights and obligations, including officials. Consequently, until this point, the CEO retains its powers, and the order they can be signed before.
  2. Except for the head of the Organization is not envisaged.