has a number of differences from the procedure for dismissing an ordinary employee. The reason is that such an employee is the main executive body of the company, without whom it cannot continue its activities. We will talk about the features of this procedure in our article.
How to dismiss the director of an LLC at your own request
The procedure for dismissing the director of an LLC at will includes several stages:
Compliance with legal requirements at each stage can protect the organization from possible claims from the former manager and the labor inspectorate, as well as ensure its continued full functioning.
Drawing up a letter of resignation for the general director
Letter of resignation to the founder from the director- a document that confirms the will of an employee who wants to leave his position. It is drawn up 1 month before the expected date of leaving work (Article 280 of the Labor Code of the Russian Federation). Writing an application is not a mandatory step. Sufficient evidence of the will of the general director is the notice given to the founders of the company.
The legislation does not establish clear requirements for the document. If you decide to use any sample resignation letter general director OOO, you need to remember that the document must contain information about the employee and employer, the date of the upcoming dismissal, the date the document was drawn up and the signature of the applicant. It must be borne in mind that for the head of the company, the employer is the general meeting of the company’s participants.
Submit your application to dismissal of the director at his own request You can do it in person or using a postal or courier service. In any case, the date of notification is considered to be the day the document is received by the employer. The main thing is to record the fact that the application has been received by the addressee - for example, to receive a note that the letter has been delivered.
Notice from the General Director of dismissal
After making a decision to resign from office, the director should set a date for an extraordinary meeting of the company's members and send them information about the time and place of its holding. The notification rules are listed in Art. 36 of the Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ:
- Notice must be given at least one month in advance of the upcoming meeting.
- It is necessary to notify each LLC participant individually.
- The notice may be sent by registered mail or other method provided for by the company's charter.
- The notice must contain information about the time and place of the meeting, as well as a list of issues planned for discussion.
Taking into account the above rules, we can say that best option- sending an application to dismissal at the own request of the general director of the LLC members of the organization along with notice of an extraordinary meeting of participants.
The procedure for agreeing upon dismissal with the founders of the organization
At the meeting, the founders discuss and decide the issue of the upcoming departure of the head of the company. Since Art. 37 of the country’s basic law prohibits forced labor; LLC participants do not have the right to refuse the head of the organization early release from office.
Refusal to participate in a meeting and evasion of delivery of notice are not considered good reasons to continue labor activity CEO against his wishes. In case of such behavior of the employer, the head of the organization may go to court. The statement of claim served on the employer is sufficient confirmation of the director’s desire to leave his position. As practical example You can cite the appeal ruling of the Perm Regional Court dated 08/05/2013 No. 33-7154.
During the extraordinary meeting, the founders agree on the date of the upcoming voluntary dismissal of the CEO, and can also agree with him on more long term work required to find a new candidate for the position of manager. If an agreement is not reached between the employer and the employee, the latter has the right to resign without the consent of the founders. The main thing is to follow the procedure as required by law.
Order for the dismissal of the general director at his own request, sample order
The head of the organization can issue and sign a resignation order independently after the meeting. It states:
- name of the company and its details;
- information about the person being dismissed;
- reasons for dismissal;
- date of departure of the CEO from office.
In this case, as a rule, the unified form of document No. T-8 is used, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms of documents...” dated 01/05/2004 No. 1. However, the use of this particular template is not mandatory; the employer, if desired, has the right to independently develop the form document. A current sample of an order for the dismissal of the head of an organization can be downloaded on our website.
Making an entry in the work book and paying the general. director
Sign up for labor manager The organization can contribute it independently or entrust it to an authorized person of the organization. He also has the right to certify it with his signature and the seal of the organization (if any). The main thing is to comply with the requirements of the instructions for filling out work books, approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69:
- Fill out all fields of the document.
- Use Arabic numerals when filling out.
- Avoid abbreviations and corrections in records.
- Competently formulate the reason for dismissal.
- Add a link to the legislative norm that became the basis for termination labor relations.
- Indicate the details of the order to terminate the contract between the dismissed person and the employer.
At dismissal of the general director at his own request he can count on payments and compensations stipulated by law: wages for hours worked, compensation for unused vacation etc. In addition, the former general director transfers affairs to the new head of the organization. In the event of the temporary absence of a legal successor, the ex-manager may:
- continue self storage seals and documents of the organization;
- entrust storage to a special archival organization;
- hand over the documents and seal to a notary for safekeeping.
The right to store documents for notaries is granted by Art. 97 “Fundamentals of the legislation of the Russian Federation on notaries” dated 02/11/1993 No. 4462-1. When transferring, you must remember that documents are accepted and stored on behalf of the organization. This gives the new head of the company the right to pick up the documents and seal at any time.
Does the procedure for dismissing the general director of an organization at his own request provide for notification of the tax service?
The answer to this question is contained in sub. "l" clause 1 and clause 5 of Art. 5 of the Law “On state registration legal entities and individual entrepreneurs» dated 08.08.2001 No. 129-FZ, which require information about the dismissal of a director of a legal entity (including at his own request) and changes in executive body companies. To do this, you must submit tax office an application drawn up in form P14001, having previously certified it by a notary. The application is submitted by the newly appointed head of the company within 3 days from the date of appointment to the position, after which the tax authority enters information about the new head into the Unified State Register of Legal Entities.
A person dismissed from the position of general director must make sure that his data is deleted from the Unified State Register of Legal Entities. An unscrupulous approach to this issue can cause trouble in the future: problems with employment as a manager in another organization, the danger of financial liability for the company’s debts in the event of its bankruptcy, etc. If new manager the company has not been appointed, the application can be signed and submitted by the former general director.
Peculiarities of the procedure for dismissal of a general director who is a pensioner at his own request
The process of dismissal at the own request of a person who has reached retirement age has one feature: such an employee has the right not to work out the period provided for by law (Part 3 of Article 80 of the Labor Code of the Russian Federation). Thus, the head of an organization who is an old-age pensioner is not required to meet the deadline for leaving work.
However, it is still necessary to follow the formal dismissal procedure (notify the founders, convene an extraordinary meeting of company members and make a decision to dismiss the retired manager). The entry in the work book must indicate that the reason for termination of the employment relationship was retirement.
The procedure for the voluntary dismissal of the general director - the sole founder of the company
In the case where the manager is simultaneously the sole organizer of the company and its owner, the procedure dismissal of the general director at his own request is greatly simplified. According to Part 2 of Art. 273 of the Labor Code of the Russian Federation, labor regulation standards for managers do not apply to such an employee.
In this situation, the head of the organization can at any time independently write a corresponding statement and decide on his dismissal. That is, the duration of the process is significantly reduced, since there is no need to notify yourself of the upcoming dismissal, wait 1 month and organize a meeting of participants. Simultaneously with the decision to dismiss sole founder may appoint the head of the company.
Responsibility of the CEO after dismissal
The work of a leader is related to acceptance difficult decisions. He will bear responsibility for his actions and decisions - both material and criminal - if there are grounds for its occurrence, even in the event of dismissal from office.
So, material liability manager occurs in the following cases:
- in case of loss of property;
- damage to the organization's property;
- unforeseen expenses of the enterprise;
- loss of profit by the company due to the fault of the manager.
As a rule, these circumstances are discovered after an audit of the company. The employer of the dismissed head of the organization may file statement of claim to court demanding compensation for damage caused by the actions of the general director. If the claims are satisfied, the recovery may be directed to the property of the former employee.
The illegal actions of a manager may become grounds for bringing to criminal liability under the following conditions:
- His actions (inaction) constitute a crime.
- The manager's guilt is documented.
- The statute of limitations has not expired.
In conclusion, it remains to say that optimal solution there will be peaceful negotiations and mutually beneficial agreements between the head of the enterprise and the founders, since they avoid litigation and quickly dismiss the general director at his own request.
Dismissal of the general director of an LLC at his own request
The general director of a limited liability company acts as its sole executive body (Clause 1, Article 40 of the Federal Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ). The functions of the employer in relation to the general director of the LLC are assigned to the general meeting of participants (subclause 4, clause 2, article 33 of Law No. 14-FZ). Accordingly, the decision to terminate the employment relationship with the general director of a legal entity is made at an extraordinary meeting of LLC participants, which the resigning director himself is authorized to initiate (clauses 1-2 of Article 35 of Law No. 14-FZ).
Important! Unlike other employees, the head of a legal entity must notify the employer in writing of his intention to resign at least 1 month in advance (Article 280 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ).
In this case, this period is established regardless of the period for which the contract was concluded. employment contract with the general director of the organization, including in short-term employment relationships (letter of Rostrud dated March 6, 2013 No. PG/1063-6-1).
If the resignation letter is sent by mail, then the date of notification to the employer is considered to be the date of receipt of the letter (a note about this will appear in the notice of delivery), and not the date of its sending (see the appeal ruling of the Belgorod Regional Court dated June 26, 2012 in case No. 33- 1744).
However, properly sent notice may not always be delivered or received by the addressee. It is recommended to resolve this situation by going to court (see practice below).
The procedure for voluntarily dismissal of a CEO
The standard procedure is as follows:
- Notification to LLC participants:
- Notifications of an extraordinary meeting are sent by sending registered letters to LLC participants with a list of attachments and notifications of delivery (Clause 1, Article 36 of Law No. 14-FZ). The charter of a legal entity may also regulate another method of notification, but this seems to be one of the most reliable and simplest.
- The notice must indicate the date, time and address of the meeting, the agenda (including in this case dismissal of the general director of the organization, but at the same time the question of appointing a new leader may also be included). Copies of the general director’s statement of resignation at his own request should also be attached to the notice.
- The aforementioned letters must be sent to the addresses of all LLC participants. They are taken from an extract from the Unified State Register of Legal Entities or the register of LLC participants. If the addresses in the named sources do not match, it is necessary to send notifications to each of them.
- Holding a meeting of LLC participants. Based on its results, a decision is made on dismissal of the general director, which is entered into the protocol.
- Issuance of an order for the dismissal of the general director of the LLC based on the protocol general meeting.
- Making settlements with a dismissed employee, making an entry in his work book.
- Notification of the Federal Tax Service about the dismissal of the director.
If LLC participants ignore the director’s resignation letter
Taking into account what is enshrined in Art. 37 of the Constitution of the Russian Federation prohibiting forced labor, participants in the general meeting of an LLC do not have the right to refuse the general director to accept his application for dismissal and subsequent termination of employment relations.
Important! In this case, an extraordinary meeting is not held to agree on the possibility of dismissing the general director at his own request, but in order to comply with what is provided for in Art. 280 Labor Code of the Russian Federation and sub. 4 p. 2 tbsp. 33 of Law No. 14-FZ dismissal regulations.
The most common expression of dishonesty on the part of the employer is the disregard by all participants of the LLC or one of them to participate in the extraordinary general meeting, which can be expressed, among other things, in the unwillingness to receive a corresponding registered letter from the general director of the LLC with his letter of resignation.
In such cases, after the expiration of the required month, the director of the LLC who wishes to resign is recommended to file a lawsuit to challenge the inaction of the founder (founders) and a demand for voluntary dismissal. At the same time, demands may be made to amend the information in the Unified State Register of Legal Entities (see the appeal ruling of the Kirov Regional Court dated June 13, 2012 in case No. 33-1718).
Note! The courts indicate that, according to Art. 80 of the Labor Code of the Russian Federation, after the notice period for dismissal has expired, the employee is entitled to stop fulfilling his labor functions regardless of whether the employer complies with the regulations for terminating the employment contract or not.
In this case, a statement of claim of appropriate content served on one of the founders may be recognized as a proper confirmation of the employee’s will (see the appeal ruling of the Perm Regional Court dated 08/05/2013 in case No. 33-7154).
Notification of tax and extra-budgetary funds about the dismissal of a director
Notification of the territorial body of the Federal Tax Service at the location of the legal entity about changes in information about a person authorized to act without a power of attorney on behalf of the organization is made within 3 days from the date of such changes (subparagraph “l”, paragraph 1, paragraph 5, article 5 of the Federal Law “ On state registration of legal entities and individual entrepreneurs" dated 08.08.2001 No. 129-FZ) by filling out and sending form P14001, approved by order of the Federal Tax Service of Russia dated 25.01.2012 No. ММВ-7-6/25@.
Note! The legislation does not establish that the termination of the powers of the executive body of an LLC and their assignment to a new person must occur simultaneously. So, until a new general director of the LLC has been appointed, a message about the termination of the powers of a particular individual must be sent to the tax office (see sheet K of Appendix 6 to Order No. ММВ-7-6/25@).
Based on practice, tax authorities are extremely rarely ready to accept an application from a resigned head of an organization to exclude him from the Unified State Register of Legal Entities as a person entitled to act on behalf of the organization without a power of attorney. The refusal of the Federal Tax Service to register changes is usually explained by the fact that the specified form P14001 cannot be signed former leader, because in fact his powers have been terminated, although information about him is still contained in the Unified State Register of Legal Entities (see the decision of the Supreme Arbitration Court of the Russian Federation “On recognition as inactive...” dated May 29, 2006 No. 2817/06).
At the same time, there is also law enforcement practice, according to which courts quite often oblige the Federal Tax Service to exclude from the Unified State Register of Legal Entities information about the former general director of an organization upon his application. They proceed from the fact that the inability to submit an application drawn up in accordance with the requirements of the law cannot in itself be a basis for refusing to satisfy a person’s legal requirement (for example, the resolution of the 19th AAS dated 03/02/2016 in case No. A36-4738/ 2015).
The obligation to notify extra-budgetary funds, Rosstat and other government agencies in the manner of interdepartmental interaction is assigned to the Federal Tax Service.
Sample letter of resignation of the general director
In its structure, the resignation letter on behalf of the general director is absolutely identical to the statements that all other employees write in similar cases.
Application for dismissal of the general director assumes the following content:
- addressee: the body of the legal entity that entered into an employment contract with the director (this could be the founder, the general meeting of participants, etc.);
- position, surname, name, patronymic of the applicant;
- a request for the applicant’s dismissal from his position, indicating a specific date of dismissal;
- date of application;
- signature of the applicant with transcript.
Sample order for the dismissal of the general director
An order for the dismissal of any employee is signed by the head of the employing legal entity. The same applies to the order to dismiss the general director of an LLC. Despite the fact that in this case the dismissed employee and the sole executive body are the same person, the general director himself signs the order for his own dismissal (see letter of Rostrud dated March 11, 2009 No. 1143-TZ).
In a situation where the general director, due to certain circumstances, cannot independently sign an order (for example, due to temporary disability, etc.), a person authorized to sign orders can do this for him. The manager can delegate such powers by issuing local act or issuing a power of attorney.
Note! Usually, to issue an order for the dismissal of the general director, they use the unified form T-8, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. However, from October 1, 2013, this form became optional (see information from the Ministry of Finance of Russia “On the entry into force...” No. PZ- 10/2012). So the order can be issued in any form.
Order on dismissal of the general director(By unified form) can be downloaded below:
Dismissal of the general director by decision of the founder
The founder has the right to terminate the employment relationship with the head of the legal entity by his decision. Possible reasons set out in Art. 81, 83, 278 Labor Code of the Russian Federation.
The issue of dismissal of the general director is submitted to the general meeting of the founders (participants) of the LLC (subclause 4, clause 2, article 33 of Law No. 14-FZ).
Upon dismissal of the general director on the grounds of clause 2 of Art. 278 of the Labor Code of the Russian Federation, if no guilty actions were identified on his part, he is paid compensation in the amount of at least 3 times the average monthly earnings(Article 279 of the Labor Code of the Russian Federation).
Important! A dismissed employee has the right to appeal to judicial procedure motives own dismissal, presented by the founder, because the rather abstract formulation of the norm of clause 2 of Art. 278 of the Labor Code of the Russian Federation, however, does not mean that the employer is not limited in any way in resolving the issue of dismissing the general director of the organization and resolves the problem at his own arbitrary discretion (see the definition of the Supreme Court of the Russian Federation dated November 1, 2007 No. 56-B07-15).
At the same time, the dismissal of an employee under clause 2 of Art. 278 of the Labor Code of the Russian Federation without specifying the reasons is recognized as fundamentally permissible. In this case, dismissal does not act as a measure of legal liability and is accompanied by mandatory payment of compensation (see the ruling of the Constitutional Court of the Russian Federation dated July 14, 2011 No. 1015-О-О).
Terminate the employment relationship with the general director on the grounds of paragraphs. 7-7.1 Art. 81 of the Labor Code of the Russian Federation is possible only in the cases listed in these standards. The Plenum of the Armed Forces of the Russian Federation in its resolution dated March 17, 2004 No. 2 explains that the persons specified in paragraph 7 of Art. 81 of the Labor Code of the Russian Federation, can be dismissed on such grounds, including if it is established that they committed theft, received a bribe or other misconduct selfish nature, even if they were not related to their work (clause 45 of resolution No. 2).
Thus, dismissal of the general director at his own request involves notifying his employer at least 1 month before the date of dismissal. The functions of the employer in relation to the general director of the LLC are assigned to the sole participant or the general meeting of participants of the LLC. The general director is authorized to sign own order about dismissal.
The director of an organization has a dual status - he is both an employee and a person representing the employer. It is subject to both general norms of labor legislation and special ones. The dismissal of a general director at his own request is different from the dismissal of a full-time employee and has its own characteristics.
From this article you will learn:
- what is the procedure for dismissing the general director at his own request;
- how the dismissal of an LLC director at his own request is formalized and an example of registration.
The procedure for dismissing the general director at his own request
For all categories of workers Art. 80 of the Labor Code of the Russian Federation provides for a two-week notice period for termination of an employment contract, dismissal director at his own request is made with notification of this within one month ( Art. 280 Labor Code of the Russian Federation).
The increase in the period is due to the fact that the dismissal of the general director is carried out by decision of a collegial body or a general meeting of participants (shareholders). Accordingly, convening the relevant meeting requires time and a number of actions specified by law.
However, the manager is subject to general rule that this period can be reduced if there is an agreement between the employer and the employee. In this case, the manager must indicate the date of resignation from the position in the application, and the person representing the employer must indicate the corresponding consent visa on the application.
Exists arbitrage practice specifically in relation to managers, where dismissal before the expiration of a month is recognized as unlawful, if the date of termination of the employment contract agreed upon by the employer is not indicated on the application (for example, see the appeal ruling of the Lipetsk Regional Court dated January 13, 2016 in case No. 33-59/2016). Therefore, the procedure for registering the resignation of a manager should be approached seriously, starting from the application stage.
Application for dismissal of the general director
So, the head of the organization formalizes his will to resign in a personal statement. In this case, he addresses the person or body that elected (appointed) him to the position. If it is a limited liability company with a single participant, then the application is addressed directly to the sole participant. If the sole executive body was elected by the general meeting of participants, then the application is written to this body.
The leader has the right to formulate his expression of will in different ways: “ please resign at your own request " or " I request early termination of the employment contract ».
Often the head of an organization is appointed or elected to a position with a probationary period. If during probationary period the manager decides to leave, then the notice period will be regulated here Part 4 Art. 71 Labor Code of the Russian Federation. The dismissal of the general director in this case must be with a written warning of three days.
Founder's notice of director's dismissal: sample
This document is intended to bring to the attention of the participants (participant) that the sole executive body intends to resign from its powers, as well as to come forward with a request to convene a general meeting. This document is not provided for by labor legislation, but is fully justified in the field of corporate law.
If there is only one founder in the company, then the notification will be in the nature of a statement. The form of notification to a single participant may be as follows:
To the sole participant of LLC "____"
Full name
NOTIFICATION
I hereby notify you of my intention to terminate the employment contract effective May 15, 2017. Please organize the procedure for receiving and transferring documents and valuables.
Proper notification will be the sending of this document by registered mail with a list of attachments.
Often in practice, conflicts occur when a notification or statement from the general director is not followed by any reaction from the company’s owners. And here comes the conflict between labor and corporate law.
On the one hand, the Labor Code of the Russian Federation proclaims the freedom and opportunity to terminate a contract at one’s own request at any time, on the other hand, the norms of corporate law impose a number of obligations on the sole executive body and the functionality that can only be performed by the manager.
Simply leaving your position, even with compliance with the entire procedure for notifying owners and deadlines, jeopardizes the activity legal entity– impossibility of carrying out financial transactions, carrying out personnel policy, signing documents with employees, issuing powers of attorney, making transactions, etc.
Procedure when it happens dismissal director of an LLC at his own request in a conflict with the owners, is dictated by the balance of interests of the director and the legal entity. It would be more reasonable if the manager who wishes to leave the position sends to all addresses of the legal entity known to him and to the address of each of the participants a statement indicating his intention to leave the position with a certain number a month later.
After this period, if the participants have not convened a meeting, have not dismissed him from office and have not elected another director, it is advisable to apply to the arbitration court. It is necessary with demands to recognize the inaction of the founders as illegal and to release him from his position.
Before the court decision comes into force, it is necessary to perform your functions and protect the interests of the company. After all, until the manager is relieved of his position, his inaction can cause harm to society, which means there is a risk of a number of further disputes. This path of care conflict situation beneficial to the manager himself, because from the date of the court decision, he is released from liability for the legal entity. And his inaction in relation to the company cannot be punished.
Download documents on the topic:
Dismissal of the director of an LLC at his own request: registration
The procedure for dismissing the director of an LLC at his own request contains a number of actions inherent in formalizing the resignation of any employee. If a procedure for transferring cases is organized, it is usually completed by the time the order is issued. Based on the results, a corresponding act is drawn up.
The order is issued with a reference to the grounds for dismissal (application or notice), the date of termination of the employment contract, and the norms of the Labor Code of the Russian Federation. The resigning manager gets acquainted with the order by signing it. The basis may be the decision of the sole participant or the minutes of the general meeting of participants (shareholders), which reflects the decision to dismiss the general director from office. Then in work book the basis is indicated in this document.
Information about termination of the contract at the employee’s initiative is entered into the employee’s personal card. The resigning manager signs in the appropriate field of the card to confirm the receipt of the work book.
On the day of resignation, the director is given all Required documents work related.
On the last working day, the manager receives payments that are provided for by the Labor Code of the Russian Federation - wages for the period worked, compensation for unused vacation and others. No other compensation or so-called “parachutes” are paid in this case, because this is not provided for either by the norms of the Labor Code of the Russian Federation or by agreement of the parties (when leaving at one’s own request, a written bilateral agreement is not drawn up).
In a situation where a manager leaves, it is necessary to take a number of other actions related to the termination of special powers under the law.
Thus, information about a change of manager is entered into the Unified state register legal entities - the organization is obliged to notify the registration authority of the change of the sole executive body within three days. Otherwise, the organization faces a fine in accordance with clause 3 art. 14.25 Code of Administrative Offenses of the Russian Federation.
A number of organizations consider it necessary to notify their counterparties in writing about a change of manager. Of course, it is necessary to notify the credit institution servicing the company and reissue the card with sample signatures and seals.
Application for dismissal of the general director of an LLC: sample
As we can see, the procedure for releasing the general director is much more complicated than for ordinary employees. You should approach the preparation of documents very carefully, because... in this case, there is an increased risk of disputes not only regarding labor legislation, but also according to the rules governing the activities of legal entities.
The management of the enterprise is carried out by its manager, who works in the business entity, like his other employee, according to labor contract. The law determines that the director can also initiate termination of the employment relationship. Therefore, it is important for the manager to know how to draw up a letter of resignation from the director of an LLC at his own request.
Since the director of a legal entity has broad powers to represent the interests of the company and significant responsibility, the process of dismissal at will differs from terminating the contract with an ordinary employee of the company.
The main difference is that the manager must submit an application at least one month before his departure. This is due to the fact that a wide range of people need to be notified of their dismissal, including government bodies, for example, the tax office where the company was registered.
The written statement must be reproduced in as many copies as the company has owners. They must be sent via letters or couriers to their postal addresses. It is important that all participants are notified of the general meeting no later than 30 days before it takes place.
Attention! Due to the fact that the countdown of the date will not begin from the day the application is written, but from the day you receive its copy and notification, it is best to choose the date of dismissal taking into account the days that the letter will be in transit.
On the other hand, the owners need time to choose a new director for their company, so that he can solely represent the company, and to whom the old director must transfer existing affairs, explain the current situation, etc.
The owners cannot directly manage the activities of their company, and therefore, without the appointment of a new director and the dismissal of the old one, a period of “powerlessness” will begin in the company. It is important to remember that the warning period of thirty days also applies in a situation where a contract is concluded with the manager.
According to the Labor Code, a manager can be hired on a probationary basis. If he decides to interrupt during the period of its passage, then the standard provisions of the Labor Code apply to him. This means that in this situation he must give notice of dismissal three days before the required date.
The director can resign in a shorter period of time, it all depends on the owners and their ability to approve a new director. But for this he must have their consent. There is judicial practice according to which the early dismissal of a director was considered illegal if his application was not marked new date termination of the contract with him.
Attention! In addition, according to explanations from Rostrud, shortened terms for dismissal also apply to directors. Thus, the director may not work in cases where he resigns due to enrollment in an educational institution, due to retirement (if the dismissal occurs for the first time for this reason), and for other similar reasons established by law.
To whose name should the application be sent?
Due to the fact that the contract with the director is concluded by the owner of the company (owners), the dismissal of the director at his own request stipulates that an application with such a request must be sent to the owners of the organization.
Consideration of this document, if the company has several owners, should take place at a general meeting. The statement is usually drawn up in this case addressed to the chairman of the meeting, but it is also possible to simply address it to the members of the meeting in general.
Therefore, the resigning manager must send the founders a notice of the of this event With exact date both time and to the invitation to attach duly certified copies of your application.
Whether the application is accepted or not will be decided at the meeting. But in fact, this is only a nominal event, since no one can force the director to continue working, and after a month he can resign. Managers must accept the proposal by issuing an appropriate protocol.
In a company with one owner, it involves submitting a document in the name of the sole founder. He must consider it and make an appropriate decision on it, which must be drawn up in the form of a document with the same name.
Attention! If the company has only one founder and he is also a person who has the right to represent its interests without a power of attorney, then the director does not need to write a statement.
It is enough for the founder to issue a decision in which he informs about the revocation of his powers. When the company intends to carry out activities in the future, in the same decision it is necessary to designate the person who will assume these powers.
Download a sample letter of resignation from the director of an LLC
How to correctly write a letter of resignation to a director
The main difference between such an application and a document submitted by a simple employee is its addressee. To whom exactly the application should be addressed can be found in the agreement on admission as a director.
The resignation letter, as in the simple case, is drawn up from the top right sheet.
There you need to write to whom this document is:
- If the company has a single owner, then “Founder” is indicated in the header, then the name of the company is written, after which the full name. owner.
- In the case where there are several owners, the meeting can be addressed simply: “General Meeting of Owners”, then the name of the company is written down.
- If the meeting has a chairman, then the application must be addressed to him: “Chairman of the general meeting of owners,” and then write the name of the company.
Then in the middle part of the page the name of the form is indicated - “Application”.
Then the letter “I” is placed, and you need to write your full name, separated by a comma, followed by a respectful request to be released from your position at your own request.
This request may be expressed different ways. For example, the wording “I ask you to terminate the employment contract early at your own request” is acceptable.
At the end of the phrase you need to insert the date of dismissal. According to the law, it must occur no earlier than a month from the date of writing the application.
After this, you need to step back a little, and put the date of compilation and sign.
Constitution and Labor Code The Russian Federation contains a direct ban on forced labor. Thus, the employer does not have the right to prohibit an employee from leaving his job, even if he is the director of the enterprise. An application for resignation of a director at his own request is a written document by which he informs his employer of his intention to terminate his employment relationship.
Dismissal of the general director of an LLC at his own request
Dismissal of a company director at his own request is regulated by Article 280 of the Labor Code of the Russian Federation.
It says the following:
- The head of the enterprise has the right to decide to terminate the employment relationship before the expiration of his employment contract.
- He must notify the owner (founder) or his legal representative about his decision.
- The notice period for dismissal is 1 month.
- The warning must be given in writing.
This article does not say that the manager must write a letter of resignation. You can warn the employer by any other written document.
But according to established practice, the desire to quit is most often formalized in a statement.
Application procedure:
- The manager draws up a statement.
- Gives it to the employer. It is best to draw up an application in two copies, on one of which put a mark indicating that the document has been accepted.
You can submit an application more than 1 month in advance, but in any case, if the minimum period is met, the director must dismiss on the date he indicated in the application.
How to correctly calculate the notice period for the owner about dismissal?
The procedure for dismissing a manager will look like this:
- Writing an application and bringing the application to the attention of the founders (owners).
- Transfer of cases to a specially created commission. Typically, the procedure for handing over a manager’s affairs upon dismissal is prescribed in local regulatory documents.
- . The basis is indicated. The order may be issued on the date of dismissal or earlier. This order is signed by the manager himself, since the day of dismissal is the last day of performance of his duties.
- Directly on the day of dismissal, the employee is given all payments due to him, which include wages and compensation for unused vacation (if any).
When indicating the date of dismissal, it is written without the preposition “s” so that there are no discrepancies in the interpretation of the application. Example of writing: I ask you to dismiss me at your own request on 04/01/2018.
Sample order for the dismissal of the general director
The order can be drawn up on the unified T-8 form, or in free form. In the case of the dismissal of a director, issuing an order in free form allows you to enter into it not only information about the dismissal, but also additional measures. For example, the need for an employee who assumes managerial powers to accept the seal and the original of the statutory documents.
You can download an example of an order for the dismissal of a general director.
If LLC participants ignore the director’s resignation letter
Sometimes a situation arises in which the founder. In this case, you need to send it by mail.
The nuances of sending such an application:
- It must be sent to the official address of the owner. If there are several of them, then it would be advisable to send an application to each of them.
- It is better to send the application not just by registered mail, but to make an inventory of the attachment. This will be proof that the envelope contained a statement and not another document.
- It must be taken into account that the warning period will not be counted from the date of dispatch, but from the date of receipt of the letter by the addressee, therefore, the time for delivery of the letter must be added to the monthly period.
- The progress of the letter must be tracked on the Russian Post service. If the addressee does not receive the letter and it is sent back, it must be picked up at the post office and asked for a document explaining why the letter was returned. This can be either the expiration of the storage period or the recipient’s refusal to receive it.
- You can appeal the received letter to the State Tax Inspectorate, the prosecutor's office or the court. The letter will serve as proof that the employee (director) tried to notify the owner of his dismissal.
You can send a notice of your desire to resign via telegram.