The founders of different companies can independently manage the business or hire hired specialists for this work. Often, professionals are hired to replace the director. They have the best knowledge and experience for effective enterprise management. But at a certain point in time, even the director decides to change the place of employment. Therefore, the dismissal of the director of their own free will. This procedure differs from the dismissal of an ordinary employee, since the head of the company has numerous powers and possesses material values.
Features of the dismissal of the head
Dismissing the director of an LLC of his own free will has many nuances. The procedure is different from terminating a contract with any other employee of the company. This is due to the position and the authority of the director.
The main features of the procedure for dismissing the director of his own free will include the following:
- The head concludes an employment contract directly with the owners of the organization, represented by the founders. And if the company has several participants, then each of them is sent a notice containing the intention of the employee to resign from the company.
- The decision to terminate the employment agreement is taken at the meeting of the founders, after which a new head of the company is appointed.
- Due to the need to provide notice and hold a meeting, the term for terminating the contract is significantly increased, so the process takes one month.
- The owners of the company can dismiss the appointed director on their own, and usually this process is carried out during the sale of the company, liquidation of the company or due to incorrect decisions by the hired specialist.
- Not only the contractors of the company, but also government agencies, as well as banks, are notified of the dismissal of the head.
- In order to prevent a situation when there is no management in the company, a new director is immediately appointed in the order.
Based on Art. 280 TC, the head of the company must apply for dismissal a month before this event, but ordinary employees perform this procedure in two weeks.
Causes
The dismissal of the director of his own free will can be carried out for various reasons. They can be general or special. Often, even business owners insist that a specialist write a statement, which allows not to spoil his reputation. The process is most often performed for the following reasons:
- term of the fixed-term contract expires;
- citizen wants to change jobs;
- the employee is transferred to another company;
- business owner changes;
- decisions made by the employee are unreasonable or illegal, which leads to negative consequences for the company and its founders;
- the employee refuses to perform official duties;
- intentional or inadvertent destruction of material assets entrusted to the head upon signing an employment contract with the owners of the company;
- the organization is being liquidated.
If there is a good relationship between the founders and the director, then even when making the wrong decisions, the owners of the company do not dismiss the specialist for the article. They offer him the opportunity to write a statement of his own free will.
Drafting a statement
For various reasons, the dismissal of the director of their own free will may be planned. The application is a mandatory document drawn up by a specialist and submitted to the founders for study a month before the termination of the employment contract.
The structure of such a document is slightly different from the application form drawn up by an ordinary employee. The features of its formation include:
- the addressee is the top management of the company, represented by the founders;
- Each participant must receive a copy of the application;
- the document spells out a request to relieve a citizen of his post;
- a link to Art. 280 TK;
- The document must be signed by the applicant;
- the date of its formation is set.
It is necessary to transmit the document to the founders a month before the termination of the employment contract. The secretary registers the document with the company.
A sample application drawn up by the director of the company can be studied below.
General meeting
Correct execution of the dismissal of the director of his own free will implies a decision by the founders at a general meeting. To do this, the following actions are performed:
- an extraordinary meeting is convened;
- each founder is notified of the event by registered letter with a receipt of delivery;
- at the meeting, a decision is made to terminate the employment contract with the existing director;
- a new company manager can be immediately selected;
- a protocol is drawn up and the decision is correctly drawn up.
Forced labor is prohibited in Russia, so the founders cannot refuse to dismiss the director. But some founders may simply ignore the meeting, so no decision is made or minutes drawn up. Under such conditions, at the end of the month, the director of the company may sue the owners of the company.
Issuing an order
When dismissing the gene. Director of their own free will issued by the business owner the relevant order. A preliminary inventory of the company is preliminarily carried out, since the head of the company is a materially responsible person.
When drawing up the order, the rules are taken into account:
- The documentation is formed on the basis of the protocol drawn up at the meeting of the founders.
- A standard form in the form of T-8 is used for this, and you can also use the usual company letterhead.
- The order is signed by the head of the enterprise, even if the direct director is dismissed.
- If a citizen cannot sign a document because he is on sick leave, then the process is carried out by an authorized person working in the company and having the right to sign on the basis of a previously drawn up power of attorney.
- The order states that the dismissal is carried out on the basis of Art. 77 shopping mall.
- Corresponding information from the statement drawn up by the head, as well as from the decision of the participants of the company.
The director signs the order, after which the document is registered in a special book of accounting. Only with the correct execution of the procedure is the dismissal of the CEO at his own request. A sample order can be studied below.
Entering data into a personal card
Any employee of the company has a special individual card, which contains information about hiring, dismissal, disciplinary action, rewards or other actions.
The manager’s personal card indicates that he leaves the company of his own free will. The details from the order are copied, after which the document is signed by the employee.
Registration of a work book
Upon the dismissal of the Director General of the LLC of his own free will, it is required to make appropriate changes to his workbook. The document contains information:
- date of termination of the employment contract;
- the reason for the dismissal of the head of the company;
- a link to Art. 77 shopping mall;
- the details of the order are being copied;
- Data on the protocol drawn up at the meeting of the founders is entered.
A work book is issued to the citizen on the last day of his work. He must sign in a special journal, which confirms the receipt of the document. A sample entry in the workbook upon dismissal of the director of his own free will can be seen in the article.
Drawing up a calculation note
Upon dismissal, the director can count on all payments due along with other employees of the company. For this, the necessary calculations are made by the accountant, after which the information is entered in the note-calculation.
This document is prepared in the form of T-61. The correct execution of the dismissal of the director of the LLC of their own free will consists in the timely transfer of the due payments to the former employee. A citizen can count on the following funds:
- salary for the entire period of work;
- compensation for vacation, if there are unused days of rest;
- severance pay, if information about it is available in the labor or collective agreement.
If the director did not receive the funds on the last day of work, then they should be transferred the next day after the citizen makes the corresponding request.
Issue of documents to a specialist
The dismissal of the founding director of his own free will is carried out in the same way as the termination of the employment contract with the hired manager. The procedure assumes that on the last day of the specialist’s work, all the necessary documentation is issued to him. It includes:
- a work book in which the necessary entry is already entered;
- a certificate containing information about the average citizen's earnings for the last two years of work, which will allow to correctly calculate hospital payments at a new place of employment;
- if the employee demands, then he will be given copies of various orders or other documents related to his work in the company;
- certificate of funds paid to the Pension Fund;
- information on seniority in the form of SZV-STAZH, and this form began to be applied only in 2017.
If the founders, for various reasons, refuse to issue any documents to the former director that are required by law, then a citizen can appeal to the labor inspectorate. For such a gross violation, the founders pay a fine of up to 50 thousand rubles.
Notification to government agencies
Usually the dismissal of the director of his own free will is carried out with the simultaneous appointment of a new manager. Therefore, it is necessary to notify interested state bodies about the change of manager.
A notification is sent to the Federal Tax Service in form P14001, and the procedure is carried out within three days from the moment a new specialist is hired. The signature of the selected leader must be certified by a notary. Further, employees of the Federal Tax Service independently send alerts to other state bodies.
If the company did not manage to deliver the notification in a timely manner, then it will be held administratively liable.
Other actions
Making the dismissal of the director of an LLC at his own request is considered a complex and lengthy process, so it takes one month. Even after completing all the required actions, it will be necessary to carry out other processes:
- If the dismissed employee is obligated, then within 14 days from the date of termination of the employment contract, you must send a notification to the military enlistment office.
- As soon as a new manager is appointed, you need to visit the bank branches where the company has open accounts so that the necessary changes are made to the agreements concluded.
- If the company has a correctly executed EDS, then an application for revocation of this signature is sent to the certification center, as it was issued to the previous director, after which a new EDS is issued.
Only after all important actions have been completed does the process of termination of employment with the hired director end. He can be both an outsider and one of the founders.
What to do to the director in the absence of a response from the founders?
Often, company owners do not want to say goodbye to professional and responsible hired directors. In this case, they prefer to simply ignore the letter of resignation made by the head of the company. In this case, the correct procedure for dismissing the director at his own request is violated.
Under such conditions, it is advisable for the leader to file a lawsuit at the end of the month. As the claim is the need to terminate the employment contract in a forced manner. The proof of the legitimacy of the requirements is a statement sent to the founders a month ago. When considering the circumstances of the case, the court almost always takes the side of the plaintiff, therefore there is a forced termination of labor relations. Founders are then held liable for violation of the requirements of the Labor Code.
For such actions, the director may, through a court of law, demand compensation for moral damage.
Can a director fire himself?
Often, only its head is registered in the company’s staff. Even under such conditions, dismissal is carried out on the basis of a decision made by the business owners.
If the leader is one of the founders, then he prepares a statement for the month sent to other participants. He sets a date for the meeting and issues a dismissal order. In any case, you need to find a new leader, if you plan further work of the organization.
Conclusion
The procedure for dismissing the director of an LLC at his own request should be carried out in the correct sequence of actions. For this, it is important to draw up a competent statement, hold a meeting of the founders, issue an order and make the necessary changes to the personal documents of the employee.
Business owners should take care of finding a new specialist for the position of manager. Due to the many complexities of the process, the dismissal of the director is carried out within a month.