Dismissal of the CEO by decision of the founder

Legal aspects

The dismissal of a manager at his own request is regulated by Chapter 43 of the Labor Code of the Russian Federation.

Article 280 of the Labor Code states that the director is obliged to submit an application for dismissal no later than a month after the calculated date of termination of activities.

If there is an agreement with the company's participants, the working period can be shortened.

The procedure for dismissing a director requires notification of all founders through a meeting of participants.

When a successor is not found during the notice period, the manager can gather the founders to formalize the transfer of affairs.

Notification of the tax authority

According to Law No. 129-F3 “On state registration of legal entities. individuals and individual entrepreneurs”, the enterprise must notify the tax authority about the dismissal of the previous director. A notarized application is submitted to the Federal Tax Service by the new general director within 3 working days from the date of his assumption of a leadership position. Based on the information provided, the tax office changes information about the manager in the Unified State Register of Legal Entities. That is, it removes the old one and adds a new one.

Note! The departing manager does not have the authority to influence the process, but is encouraged to monitor changes.

Failure to remove him from the register may entail certain consequences in the form of refusal to accept a leadership position in another company or bringing him to subsidiary liability for existing debt obligations in the event of bankruptcy.

How to dismiss the director of an LLC at your own request

The procedure for dismissing the director of an LLC at his own request includes several stages:

1. Preparation of the director's resignation letter.
2. Notification of company participants about the upcoming departure of the director.
3. Organizing and holding a meeting of founders.
4. Issuance of an order.
5. Making entries in the work book of a dismissed person.
6. Settlement with the former general director.
7. Issuance of documents to the general director.
8. Notification of the tax authorities about the departure of the head of the company.

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.

What could be the reasons

There are several reasons why a CEO may be dismissed at his own request. OJSC or LLC does not matter, the list of grounds is the same.

Some correspond to the dismissal of ordinary employees, others relate to special rules regarding a managerial employee.

Reasons for dismissal of a CEO may include:

• own wish;
• expiration of the employment contract;
• agreement of the parties;
• initiative of the founders on the grounds set out in Article 81 of the Labor Code;
• additional grounds predetermined by the employment contract;
• initiative of company participants without specifying a reason;
• change of ownership of company property;
• removal from office of the head of a bankrupt company;
• dismissal of a manager due to liquidation of the organization.

Dismissal of the director of an LLC at his own request: paperwork

The process of dismissing a CEO at will consists of the following steps:

This is also important to know:
Dismissal with 2 weeks of work: how to count days

The powers of the director terminate from the moment the order is issued, the entry is made in the work book and the cases are transferred to them.

Take action!

If you are the CEO of a company and decide to quit on your own, you need to take the following actions:

1. File a statement requesting to fire you addressed to the owner of the company. Make copies according to the number of founders. Send the original by registered mail with notification to the owner.
2. Draw up a notice of the founders' meeting. Along with a copy of the resignation notice, send notice letters to all company founders.
3. Hold the meeting at the appointed time.
4. Based on the decision made by the founders, draw up an order for your own resignation. This can be done by another employee of the company. At the same time, begin the search for a new leader.
5. Sign the dismissal order, make the appropriate notes in the work book - let the personnel department handle this.
6. After officially resigning from a leadership position, hand over the affairs to the new CEO by signing the acceptance and transfer certificate. At this time, the accounting department will calculate the payments planned for you.

That's it - you are free, the final actions will be done for you. But after 2-3 weeks, make a request to the tax office and the Unified State Register of Legal Entities about the information of the general director - check that your data is not in the documents.

Dismissal of the general director does not entail difficulties, but painstakingness and a large number of “extra” actions. This is provided for by law, because the head of the company cannot be called a simple employee.

Drawing up a letter of resignation for the general director

A letter of resignation to the founder from the director is a document that confirms the will of the 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 application for dismissal of the general director of an LLC to draw up, you need to remember that the document must contain the information of 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.

You can submit an application for resignation of a director at your own request 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.

What are the grounds for early termination of an employment contract with a director?

The owners of a business company can, on their own initiative, dismiss the head of the company on the basis of:

1. Provisions of Art. 81 Labor Code of the Russian Federation.

Namely, as a result of the director making decisions that caused harm to the health of the organization’s employees or damage to the company’s property. In addition, dismissal under Art. 81 is possible if the director fails to fulfill his duties properly.

2. Provisions of Art. 278 of the Labor Code of the Russian Federation (taking into account the position of the Armed Forces of the Russian Federation).

Namely, based on the decision of the owners, regardless of the reasons that influenced its adoption (clause 9 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated June 2, 2015 No. 21).

If a director is dismissed on the grounds given in clause 1, no compensation is expected to be paid in his favor. If the director resigns under clause 2, compensation is due, and its amount should not be less than 3 monthly salaries (unless a larger payment is provided for in the employment contract).

Another possible mechanism for dismissing a director is liquidation of the company. Let's consider its specifics in more detail.

On our forum you can get an answer to the question that arose in your mind during the preparation of various types of documents. For example, here you can exchange experience on the procedure for terminating an employment contract with the head of the organization.

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:

1. Notice must be given at least one month in advance of the upcoming meeting.
2. It is necessary to notify each LLC participant individually.
3. The notice may be sent by registered mail or other method provided for by the company's charter.
4. 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 the best option is to send an application for resignation at the own request of the general director of the LLC to the participants of the organization along with a notice of an extraordinary meeting of participants.

Issuance of documents and payment of compensation

On the last day of work of the director, he must be issued a work book, as well as pay the due compensation. For these purposes, it may be necessary to prepare other documents, for example, calculation of payments using the unified form No. T-61.

If the director cannot receive the documents in person, he must be sent a notification by registered mail about the need to appear at the company to receive them. Postal documents certifying the sending of this notice will simultaneously confirm the company’s fulfillment of this obligation during the inspection of the labor inspectorate, if by that time the documents are not in the possession of the resigned director.

It is advisable for the director to fill out a bypass sheet, but even if he does not do this, then all the documents must be given to him one way or another.

You can learn more about using a bypass sheet when dismissing an employee in the article “Bypass sheet when dismissing an employee - sample and form” .

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 serving a notice are not valid reasons for the general director to continue working 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 a practical example, we can cite the appeal ruling of the Perm Regional Court dated August 5, 2013 No. 33-7154.

During the extraordinary meeting, the founders agree on the date of the upcoming dismissal of the general director at their own request, and can also agree with him on a longer period of service necessary to find a new candidate for the position of the head. 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.

How to write?

In essence, it is no different from what any other employee submits. The document is drawn up on a standard A4 sheet of paper and contains:

1. addressee (Board of Directors);
2. from whom;
3. document title – statement;
4. petition for dismissal from office at one's own request;
5. date, signature.

The application is attached to the notification letter about the planned extraordinary meeting.

What does the director write? Here is a sample letter to the founder of what such a statement might look like:

To the Board of Directors of Nautilus-M LLC

from Ivanov Ivan Petrovich

I ask you to relieve me from the position of General Director from May 1, 2021 by agreement of the parties (Article 77 of the Labor Code).

Ivanov Ivan Petrovich (signature)

March 31, 2021.

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.

This is also important to know:
The employer does not sign the resignation letter: what should the employee do?

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.

Free legal consultation We will answer your question in 5 minutes!

Ask a Question

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

Features of dismissal of a deputy and oneself

The dismissal of a deputy director at the initiative of the employer has some peculiarities, but they are few. The deputy is an employee like everyone else. His hiring, transfer, dismissal and other actions are regulated by the Labor Code of the Russian Federation.

Since the deputy is not a manager, he is fired, like all employees.

Special and additional grounds are not applicable to him, as to a director. On the day of dismissal, the deputy is given his work book, a calculation is made, and his employment relationship with the company is terminated.

How to fire the director of an LLC if he is the founder ? Such a strange, at first glance, dismissal is quite possible.

It occurs when the sole founder of a company and its CEO are the same person (how to fire a CEO?).

First, he, as the founder, makes a decision and issues a special order to dismiss himself, only as a director, in the T-8 form.

Who signs the order to dismiss the director of an LLC? In this case, he signs the order himself.

Sample order form T-8

In this case, the work book can be filled out and certified by him alone. He independently makes records of his assumption of office and termination of work.

Before this, the director himself issues an order for his dismissal..

Its text should indicate the removal of duties as the head of the company and dismissal from the position held on a certain date. It is logical to indicate your own desire as the basis for dismissing yourself.

Order for dismissal of LLC director sample

Founder's decision to dismiss a director sample

Making an entry in the work book and paying the general. director

The head of the organization can make an entry into the labor register himself or entrust this 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:

1. Fill out all fields of the document.
2. Use Arabic numerals when filling out.
3. Avoid abbreviations and corrections in records.
4. Competently formulate the reason for dismissal.
5. Add a link to the legislative norm that became the basis for termination of the employment relationship.
6. Indicate the details of the order to terminate the contract between the dismissed person and the employer.

If the general director resigns at his own request, he can count on payments and compensation provided by law: salary for time 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 to independently store the seal 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.

Informing the Federal Tax Service and banks

As soon as internal corporate documents are drawn up, it’s time to inform third-party subjects of legal relations with the organization from which the director is leaving. Namely:

1. Federal Tax Service.

Tax authorities must be informed about this within 3 days from the moment the new director takes up his position using form P14001. Based on this document, the Federal Tax Service will make changes to the Unified State Register of Legal Entities - about the new head of the organization.

Form P14001 is generally submitted to the tax service by the founders themselves (since the new director at that time - before changes to the Unified State Register of Legal Entities - from the point of view of administrative legislation, does not have the authority to submit any documents to the Federal Tax Service). But in some cases, the Federal Tax Service agrees to accept this document from the former director (since, despite the termination of work in the company under the Labor Code of the Russian Federation, from the point of view of the Federal Tax Service, he still remains the head of the organization).

If the tax authorities are not notified in a timely manner about the change of director, the company may be fined 5,000 rubles (Clause 3, Article 14.25 of the Code of Administrative Offenses of the Russian Federation).

2. Servicing financial institution.

The bank in which the company's current account is opened must also know that the director has changed and, therefore, the person who likely has the authority to carry out payment transactions in this bank (in particular, using an electronic digital signature). In addition, when the new director starts work, he will need to prepare the documents necessary to gain access to the bank, for example, a certificate and digital signature media. You will also need to submit to the bank a card with a sample signature of the new director, new powers of attorney issued by him to persons who have access to the bank for one reason or another.

The transfer of cases

If the general director of an LLC is dismissed at his own request, the registration of such an act, as for the head of a company of a different organizational and legal form, is a complex procedure.
The transfer of affairs from the previous director to a new one is one of the stages of such a procedure, although this stage is not provided for by law for an LLC. Nevertheless, it is still better to formalize the transfer of affairs. Documentary evidence of such a transfer can be provided by a transfer and acceptance certificate in any form, which will reflect all the necessary nuances. The procedure for dismissing a general director at his own request stipulates that, first of all, the resigning director must record in the act the transfer of documents for the safety of which he is responsible, including:

• constituent documents (originals);
• agreements with banks;
• certificates of ownership of the company's real estate and land plots;
• originals of SRO membership certificates, licenses;
• company seal, keys to safes, safe deposit boxes;
• valuable items, etc.

When dismissing the general director of an LLC at his own request, you should not neglect such an important procedure as taking an inventory of the company’s property. The need to carry it out when changing materially responsible persons (MRP) is provided for by the Methodological Instructions for accounting for inventories (approved by Order of the Ministry of Finance of Russia dated December 28, 2001 No. 119n).

Subscribe to our accounting channel Yandex.Zen SubscribeImportant! The director of the company is the MOL (Article 277 of the Labor Code of the Russian Federation) and bears full financial responsibility for direct actual damage caused to the company.

Reasons

The main document on labor relations of the Labor Code of the Russian Federation, it contains all the specific data on the grounds for the legal dismissal of any employee and the procedure for dismissing a director, including. There are several categories of these.

General grounds - indicated when dismissing any employee, regardless of position:

• the employee himself expressed his desire;
• the initiative comes from the employer;
• the employee is dismissed by transfer;
• the period for which the employment contract was concluded has come to an end (how to draw up a TD with the general director?).

Special grounds - applicable for dismissal of management . A director may be dismissed if:

• made a decision that was unlawful, and as a result the enterprise suffered;
• maliciously violated his official duties and repeatedly failed to fulfill them;
• The company's owner has changed.

Additional grounds are the dismissal of a director during bankruptcy proceedings.

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.

Features of leaving a leadership position

When firing a CEO, things don't always go smoothly. Often there are peculiarities and deviations from the norms if the manager’s status does not fall under the “standard” or snags appear in the above sequence.

The following situations can be distinguished:

• The general director is a pensioner. If the manager who decided to resign has already reached retirement age, the procedure for terminating the employment contract does not differ from the instructions described above. The only difference in this case is Article 80, Part 3 of the Labor Code of the Russian Federation, which stipulates that there is no need to work out the allotted time allotted for the search for a new manager. The work book indicates the reason for termination of the contract due to reaching retirement age.
• The general director is the sole founder of the organization. In this case, everything is much simpler - the manager writes a letter of resignation to himself and signs it without any notification. There is also no need to convene meetings of the founders - the general director himself draws up a dismissal order and appoints a new person in his place.
• If the company has debt obligations. The CEO is not responsible for paying off debts after his dismissal. The new manager will resolve issues in the future. This is practiced only under the condition that the general director is not guilty of debt and his actions do not entail criminal liability.
• If meeting participants are inactive. It has already been said above what should be done if the founders ignore the CEO’s letter of resignation. You should go to court and, on the basis of a court decision, obtain an order to dismiss him.

These are the main and common non-standard situations that may arise in case of resignation from the post of the head of the company. Other non-standard issues should be resolved using the company's Charter and the legislation of the Russian Federation.

Responsibility of the CEO after dismissal

The work of a manager involves making 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.

This is also important to know:
Order of dismissal for absenteeism: sample and form

Thus, the financial responsibility of the manager arises 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 a claim in 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:

1. His actions (inaction) constitute a crime.
2. The manager's guilt is documented.
3. The statute of limitations has not expired.

In conclusion, it remains to be said that the optimal solution would be peaceful negotiations and mutually beneficial agreements between the head of the enterprise and the founders, since they allow you to avoid litigation and quickly dismiss the general director at your own request.

To favoritesAdd to favoritesShare Previous material Next material Read us in Yandex.Zen Yandex.Zen Legal advice After reading, still have questions? Call the number and our lawyers will advise you! The call is free. We advise you to read July 30, 2021 6790

Responsibility

When working in a company, by virtue of his position, the general director often manages the affairs of the chief accountant. If losses are identified at the enterprise, the manager bears financial or criminal liability, which in the case of voluntary resignation should be resolved immediately.

The following factors must be considered as financial liability:

• The manager is obliged to compensate the cost of lost property. To do this, before dismissal, an appropriate check is carried out and the amount of loss is determined. She is withheld from payments on the occasion of her voluntary resignation from her post.
• The CEO must be personally responsible for paying the costs incurred as a result of his mistakes.
• The manager may be required to compensate for damages associated with his inaction and loss of expected profits.

Under any circumstances, company employees have the right to demand compensation for material losses from the general director, which is regulated by Art. 53 clause 3 of the Civil Code of the Russian Federation.

When leaving a leadership position, violations that fall under criminal liability may come to light.

The following circumstances stand out here:

• dismissal or refusal to hire a woman who is in a situation or has a child under 3 years of age;
• delay in payment of wages for more than 2 months;
• copyright infringement that occurred;
• various violations with overtones of abuse of power;
• bribery of founders or third parties of a commercial nature;
• carrying out illegal business activities;
• obtaining money through illegal transactions and then “justifying” them;
• registration of a loan with a subsequent resulting debt of 1.5 million rubles;
• evasion of loan payments;
• carrying out actions that are similar to unfair competition and damage of 1 million rubles or more;
• use of a trademark without the permission of the author resulting in damage of 1.5 million rubles;
• disclosure of trade secrets, which is prescribed in the company’s charter;
• lack of payments for customs duties;
• deliberately bringing an enterprise to bankruptcy with subsequent damage of 1.5 million rubles;
• any tax crimes.

The violations presented are regulated by Chapter 22 of the Criminal Code of the Russian Federation, which details the possible punishment for each point.

Leaving ahead of schedule

In a statement addressed to the founders, the manager must indicate exactly when he wants to resign. But depending on the situation, the date of termination of the employment agreement may be changed. If the director agrees to leave before the deadline specified by him, then the procedure for dismissal does not change.

There are cases when company members decide to terminate an employment agreement before the date specified in the application. If the manager’s consent to this is not obtained, then he is considered to be dismissed by decision of the meeting. In this case, he will be entitled to compensation upon dismissal.

Date of dismissal of the director. Actions that must be taken before it occurs.

The CEO's last day of work may be:

• The date indicated by the director in the application, with which the participants/participant of the LLC agreed;
• The date on which 1 month expires from the date of the CEO’s notice of his dismissal. This date can be used, in particular, in the case where the director did not indicate the date of dismissal in the application. The starting point is the day following the day the employer is notified of the upcoming dismissal.
• Another date determined by agreement of the parties.

Note! If the participants/sole participant of the LLC decide to dismiss the director before the date specified in the application without the consent of the director, despite the fact that there are no guilty actions on the part of the latter, the basis for dismissal will be the decision of the owner. In accordance with Art. 278 of the Labor Code of the Russian Federation, in this case the director is paid compensation.

The retiring director must:

• report on accountable funds (if any);
• transfer keys, seals, documents to the new director (founders) according to the acceptance certificate.

We recommend! The transfer of affairs can take a lot of time, so it is advisable to begin it a few days before the date of dismissal of the director.

Features of changing the CEO

The general director has rather broad powers regarding work with official documentation, which means that the procedure for changing the head of an LLC must be approached thoughtfully and seriously, based on the current legislation of the Russian Federation.

When changing the general director, it is necessary to remember such important points as drawing up acts of acceptance and transfer of seals and material assets, as well as constituent documents. This will avoid troubles and problems in the future.

As a rule, a change of general director is caused by the desire of the director himself or the founders of the LLC. According to the current legislation, the founders must notify the general director of their decision in advance - at least a month before the date of his intended dismissal. The manager, in turn, must notify the founders of his planned departure within a similar time frame.

The founders have the right to either agree with the CEO’s decision to resign from his position or reject it.

If there is agreement, a general meeting of the founders is held, during which a protocol is drawn up and a decision is made to change the general director of the limited liability company. The manager must submit data to the Federal Tax Service within three days to make changes.

If participants do not agree with the departure of the leader, then he must send a letter to the organization by mail with notification. After this, the general director can sign an order for his dismissal. Registration of a change of manager is carried out on the basis of a notification.

How to make an application

The director is the same hired worker as the rest of the employees. In this situation, one or several founders act as the employer. The dismissal of the director of an enterprise on his own initiative is carried out on the basis of Article 77 of the Labor Code of Russia. In order to fully comply with the procedure for termination of cooperation, the head of the enterprise must notify the owners of the company 1 month before leaving about his desire. For this purpose, a letter of resignation is drawn up.

It does not have a unified template, which allows the director to compose it in free form. The exception is situations when the organization has developed a single form that is mandatory for use by all employees. The document may be presented in printed or handwritten form. It must not contain any errors, blots or typos.

Despite the lack of a uniform template, the application must include the following information:

• about the legal entity to which the application is being submitted;
• about the position and full name of the applicant;
• about the name of the document – ​​“Application”
• on a request to terminate labor relations with reference to the relevant article of the Labor Code of Russia. In this paragraph you can indicate the desired date for termination of the employment relationship.

At the end of the document is the date of its preparation, as well as the signature with the decoding of the applicant, without which the application has no legal force.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

After acceptance of the application, it must be signed by a new authorized person, founder or other employee who has the right to sign such documents, for example, the chief accountant.

Final settlement

Upon dismissal, the first person of the company is required to pay:

salary for hours worked;

compensation for unused vacation;

Free legal consultation We will answer your question in 5 minutes!

Call: 8 800 511-39-66

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

other payments provided for in the employment contract.

Also, the former general director transfers affairs to the new head of the enterprise. The procedure for the transfer by the manager of papers related to the activities of the company upon his departure from the organization is not established by law. If a successor has not yet been found, the cases may be transferred to the archives or notary for storage.

Making final payments to the General Director and issuing the necessary documents

Full settlement with the resigning general director, as with any other employee of the company, must be made on the day of his dismissal, which is also considered the last working day.

This is also important to know:
How to fill out a work book correctly and without errors

Payments to the resigning CEO must be made on the last working day

To do this, he must receive:

• Salary for the last period actually worked up to and including the day of dismissal. In this case, salary is supposed to mean not only salary, but also its other components: allowances, bonuses, bonuses, etc.
• Compensation for unused vacation.
• All debts owed to him for wages and other payments due, if any.
• Additional payments, if provided for by his employment contract or internal rules of the organization.

If the general director is owed any amounts in favor of the company, for example, compensation for the cost of property lost or damaged due to his fault, they can be withheld during settlement.

On the day of dismissal, the director, in addition to the full payment, must receive the following documents:

• Work book with a record of dismissal.
• Certificate 2-NDFL for the months actually worked since the beginning of the year, and, if desired, for earlier months.
• Certificate of average earnings for the last three months.
• A certificate of the amount of earnings for the last two calendar years before dismissal.
• Personalized accounting information for contributions to the Pension Fund and Social Insurance Fund: Extract from section 3 of the calculation of insurance contributions (DAM).
• Extract from the SZV-STAZH form.
• Information in the form SZV-M.

If desired, he may additionally request:

• Copies of orders for hiring, dismissal, transfers, salary changes and extracts from any documents that mention his personal data.
• Salary certificates.
• Certificates about periods of work with this employer.
• Any acts related to his work activity and affecting his rights.

Payments

Is the director entitled to compensation upon dismissal? Yes, given his innocence and by the decision of the founders.

Its amount is calculated in accordance with the employment contract, but is at least 3 times the director’s salary.

To avoid any controversial issues, the amount of compensation must be specified in the employment contract.

If this was not done when hiring, you can draw up a separate additional agreement later.

All questions and disputes regarding payment and the amount of compensation are resolved in court.

The practice of judicial proceedings in such cases shows that the court takes into account :

• time worked by the director in this organization;
• the time remaining until the end of the contract with the director (how to draw up a fixed-term contract with the director of an LLC?);
• the amount of money that the director could have earned if not for the dismissal;
• the possible amount of unforeseen expenses that he may incur in connection with early dismissal.

In the vast majority of disputes regarding the award of compensation, they are resolved in favor of the dismissed person.

Determining the date

Reference. At least 1 full month must pass from the date of filing the application, depending on the number of days in it.

Moreover, this period is established for both open-ended and fixed-term contracts , which is confirmed by the Letter of Rostrud dated 03/06/2013 No. PG/1063-6-1.

So, director Petrukhin A.N. submits an application on June 28, 2019. Due to the fact that there are 30 days in June, the last working day is considered to be July 29, 2019. If the application was submitted on July 1, 2019, then the date of dismissal is considered to be August 2, 2019.

Nuances of resignation by a director in the event of inaction of the founders

If the participants were duly notified, but did not appear at the general meeting, and do not take any action to appoint a new employee to the position, the director also has the right to resign. The only condition for terminating the contract on his own initiative is advance warning to the participants. The procedure for resigning powers in such a situation does not differ from the above. The director can also delegate some powers and affairs to his deputy.

It is extremely important to retain all postal receipts and notifications of delivery of notice to participants of the convening of the general meeting. This is necessary to argue your position if litigation arises and to prove the legality of the resignation.