Competent drafting of the order for the dismissal of the director - several useful samples for download. Dismissal of the director of the LLC at his own request. Order for the dismissal of the director of LLC

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

The CEO is first and foremost an employee

Since he is one of the employees of the enterprise, he can quit on the same grounds as all other employees. But at the same time, due to the specificity of his position, there are a number of reasons for the termination of labor relations, established specifically for the heads of enterprises.

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

single gross violation;
repeated and job descriptions in the presence of previously imposed penalties;
loss of trust;
expiration, etc.

End of action employment contract the most common reason, since a fixed-term employment contract is usually drawn up with the general director. At the same time, no one can forbid the CEO to file a letter of resignation for own will like all other employees.

AT this case there is only one difference. If an ordinary employee is required to notify the employer of the impending dismissal at least 14 days in advance, then in the event CEO this period is extended to 1 month.

That is, a person who holds the position of General Director has the right to submit a letter of resignation to the general meeting of founders and, after this period, terminate his labor activity regardless of whether there was a meeting of shareholders during this period.

As well as when dismissing an ordinary employee in the case of the general director, the employer (general meeting or one authorized person) can, in agreement with the employee, reduce the notice period, even dismiss him on the same day.

In the case when the general director is the sole founder of the LLC, the submission of an application turns into a formality necessary to comply with the requirement labor law when hiring employees.

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

Special grounds

Record in the labor of dismissal

Opinion of a legal expert:

The decision to dismiss or hire the head of the enterprise is always made by the owner. The article describes the entire procedure for the dismissal of the head. It is correctly stated that the owner can exercise his powers solely if he is the only participant (shareholder). Or maybe through the governing bodies authorized by the charter.

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

Our lawyers in difficult cases ready to help you. Please refer to the provided contact details.

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

In accordance with the law, it is possible to dismiss an employee only if there is an appropriate order. The order has a statutory form, which is strictly prescribed in the regulations. However, depending on the position held by the employee (for example, director), certain points may arise that must be taken into account when drawing up an order. In the article, we will consider what you can dismiss the director for, and how to draw up an order to dismiss the head, download samples of registration at your own request and for violations below.

Who signs the document?

In the event of the current dismissal of an employee of the enterprise, the signature of the director is required on the order. When an order is drawn up to remove a director from work, the signing procedure is somewhat different.

Director legal entity may be the founder, the owner of the property or a hired employee. The employment agreement with the director is drawn up at the initiative of the owners, and the director may have nothing to do with the founders of the organization.

An employment contract with a manager terminates in the following cases:

if an appropriate decision is made by the owner of the organization;
at the initiative of the person acting as director.

The decision to dismiss the director is made collectively if there are several founders of the organization.

The letter of Rostrud of the Russian Federation No. 1143-TZ dated March 11, 2009 established the procedure for signing orders. On the basis of this document, only the director himself can sign various orders. Therefore, in the event of the dismissal of the director, only he can sign the document, no matter how absurd the situation may seem. In the event that a new director is appointed to take the place of the former director and begins to exercise his powers until the moment the previous director is dismissed, he will not have the right to sign the order to dismiss the predecessor.

Director's dismissal form

The document relieving the duties of the General Director is drawn up in the form No. T-8. A sample order is prescribed in the legislation; in without fail it contains the following information:

the official name of the organization managed by the director;
document number and date of its compilation;
name of the order in full;
the text of the document must indicate the date of termination labor agreement and date of actual dismissal of the director;
information about the director (name, position, personnel number);
the basis for terminating the employment agreement with the manager with reference to the regulatory framework (if this is the manager’s own desire, then clause 3 of article 77 of the Labor Code of the Russian Federation, if there is a violation, then one of the clauses of article 81);
signature of the head of the company, date;
signature former employee, the date.

The dismissal order for the director of the company can be prepared in advance, so the date of dismissal and the date of preparation of the document may be different. However, preparation of the document "retroactively" is unacceptable. If such a violation is detected by the labor inspectorate, the employer will have to pay a substantial fine.

If the director does not have the authority to accept employees and dismiss them, a member of the board of directors can sign the document. To carry out this procedure, a quorum of the founders of the company is assembled. The participants of the meeting are selected responsible person, which is empowered to sign the corresponding document.

Design examples:

Drawing up an order for the dismissal of the head of his own free will

Depending on the form of ownership of an economic entity, the procedure for dismissing a manager on his own initiative will be different.

To terminate the powers of the director of an LLC, it will be necessary to convene a board of founders (supervisory board). 30 days before the expected date, it will be necessary to notify the founders of the upcoming meeting. At the end of the meeting, a protocol will be drawn up, which will be displayed in the dismissal order itself.

Grounds for dismissal of a director

Who signs the order to dismiss the CEO most often interested in employees personnel department upon receipt of an order to draw up such an order. In the material we offer you will find the answer to this question, and you will also be able to familiarize yourself with a sample of such an order.

What acts determine who signs the order to dismiss the general director of an LLC?

Despite his leadership status, the general director of an LLC from the point of view of labor legislation remains an employee - which means that when considering issuing an order to dismiss him and signing this document, you need to contact the Labor Code of the Russian Federation. It describes both the grounds and the procedure for dismissal of employees, including the issuance of an order to terminate the employment contract.

Another important source legal regulation in this area - the law "On Companies ..." dated February 8, 1998 No. 14-FZ, which defines the powers of the general director as the executive body of the company and gives him the right to sign orders defining labor relations with employees.

Does the CEO have the right to sign an order to fire himself?

The General Director, elected by the general meeting of participants of the LLC, becomes the sole director executive body this society. At the same time, its powers include:

representation of the interests of the organization;
issuance of powers of attorney to represent the interests of the organization, including those involving substitution;
making transactions on behalf of the company;
issuing orders for hiring, transferring and dismissing employees, applying measures disciplinary action or incentives, etc.

The law does not contain exceptions from the list of employees whose dismissal orders are signed by the CEO. Consequently, he also signs the order for his dismissal himself, no matter how paradoxical it may look.

Another basis for such a conclusion is given by the Labor Code of the Russian Federation, which determines that the day of dismissal is considered the last working day of the employee. This rule also applies to the CEO. All the powers of the manager remain with him until the termination of the employment contract. This means that the director has the right to sign the order on his dismissal, drawn up on the last working day or earlier, on his own.

Rostrud adheres to the same position in its letter “On the procedure for the dismissal of the general director ...” dated March 11, 2009 No. 1143-TZ. It noted the need to conclude an employment contract with the CEO as the sole executive body of the organization and his right to issue orders regarding labor relations, including in relation to himself.

Who, besides the CEO, can sign an order for his dismissal?

There may be situations when the CEO is not able to independently sign any document, including a dismissal order. Like any other employee, he has the right at any time to decide to quit of his own free will - with the only difference being that the term for preliminary informing about such a decision has been increased to 1 month (in general, it is 2 weeks). At the same time, Art. 80 of the Labor Code allows informing the employer of the intention to quit during vacation or sick leave. The general meeting of founders in this case is not entitled to refuse to satisfy the requirements of the general director, as well as any other employee. And then a reasonable question arises: who signs the order to dismiss the director in such situation?

There are 3 options for transferring signing rights and solving the problem before it occurs:

Issuance of a power of attorney giving the right to sign documents establishing and terminating labor relations with employees. The current CEO, in accordance with Part 3 of Art. 40 of Law No. 14-FZ, has the right to perform such actions.
Issuance of the corresponding order. How local legal act the order applies only to the staff of the enterprise, therefore, the right to sign in this case is transferred only to another employee of the organization (as opposed to a power of attorney for the right to represent the interests of the company, which, by virtue of this rule, can be issued to any person, including those who are not its employees).
Amendments to signatory rights personnel documents, in job description one or more employees of the organization.

Please note that the publication of such documents (orders, powers of attorney) does not deprive the CEO himself of the right to sign. Moreover, he has the right to revoke them or change the content at any time.

The power of attorney must include:

date and place of issue of the document;
number of the power of attorney;
Company name;
personal data of the principal and the person who accepts the authority.

The power of attorney is certified with the seal of the organization (if any) and the signature of the general director.

The order for the enterprise has a similar content, with the exception of indicating the place of its compilation.

If there are no such documents, and the director is not able to sign the document, the meeting of the founders of the company has the right to appoint someone who will perform these functions.

Grounds for issuing an order to dismiss the CEO

Regardless of whether the general director is the founder of the enterprise or a specially hired employee, the employment contract with him can be terminated both on his own initiative and at the will of the employer for the reasons provided for by the Labor Code of the Russian Federation. However, in any case, the dismissal order is drawn up and signed only on the basis of the results of the meeting. general meeting founders - this is directly stated in the letter of Rostrud No. 1143-TZ.

At the same time, the Labor Code provides for additional grounds for the dismissal of management:

making a decision that led to illegal use property of the organization, damage to it or its loss;
gross violation by the boss official duties(even once);
adoption of an appropriate decision by the board of directors;
bankruptcy of an organization, etc.

The content of the order to dismiss the CEO, sample

Despite certain features, orders to terminate employment contracts with such managers are issued in general order. As a rule, form T-8 is used for this, approved by the Decree of the State Statistics Committee “On approval of unified forms ...” dated 01/05/2014 No. 1, although it is also possible to use an independently developed form. The main thing is that the order contains mandatory details, such as:

full name of the employer;
the number of the order to dismiss the head;
Date of preparation;
Title of the document;
date and number of the terminated employment contract;
date of dismissal;
Full name of the dismissed leader;
grounds for dismissal with reference to the relevant article of the Labor Code of the Russian Federation;
the document on which the termination of the employment contract is based (statement of the general director, decision of the meeting of the founders of the company, etc.).

The order must be submitted to the dismissed general director for review against signature.

IMPORTANT! The coincidence of the date of drawing up the order and the date of dismissal of the director is not necessary - the order can be issued earlier.

Sample dismissal of the CEO you can download on our website.

Thus, no matter how paradoxical it may sound, the general director, acting on behalf of the employer, signs the order for his own dismissal with his own hand, if these rights are not transferred to other persons in the manner prescribed by law.

Who signs the order to dismiss the director of the LLC? This question is asked by everyone who first encounters a change or prolongation of the powers of the head of the enterprise. In our article you will find a reasonable answer to it.

How are the powers of the one who signs the order to dismiss the CEO regulated?

Although the head of the enterprise as an employee does not have special status according to the Labor Code of the Russian Federation, the head of an organization is still a specific position, since the granting or removal of the powers of the sole executive body of a legal entity occurs solely at the will of its founders. At the same time, the law "On LLC" dated February 8, 1998 No. 14-FZ provides the general director with the right to sign any documents related to the business activities of the entrusted enterprise.

Learn more about the procedure for changing directors in the article.

This means that the CEO has the right to sign the order of his departure, subject to the general procedure for changing the head. But by its own power, the meeting of founders of an LLC can also appoint another employee or member of the company - the one who signs the order to dismiss the director, which should be mentioned in the decision to remove powers. In addition, the termination of such an employment contract can be formalized by the decision itself without drawing up an order.

AT work book of the general director, it is allowed to use both the personnel order and the minutes of the meeting (decision) of the participants of the LLC as a basis for dismissal.

The departure from work of the head of the enterprise is carried out on the grounds specified in Art. 77, 81, 83, 278 of the Labor Code of the Russian Federation. In case of dismissal on his own initiative, unlike other employees, the general director is obliged to notify the founders of his decision one month in advance. The corresponding personnel order can be drawn up according to the following model:

In this case, the signatory will be either the director himself, or one of the founders, or another employee of the organization appointed by the meeting of participants in the LLC.

IMPORTANT! After the departure of the CEO, a new leader should be appointed immediately. Although the legislation on LLC does not provide for such an obligation, it also does not provide for the possibility of maintaining economic activity without a sole executive body.

Results

The dismissal of the head of the organization is a procedure that can be performed without drawing up a personnel order. But if it is available, both the general director himself and the person appointed by the owners of the enterprise can act as a signatory.

Like any other employee, the director of the company can be fired or quit on his own. This requires an order. However, in relation to the head, the execution of such an order is provided for by labor legislation.

What should be guided by the preparation and signing of the order

When dismissing a director, the provisions of the following documents must be taken into account:

laws on certain types of organizations (in particular, these include the Federal Law "On LLC", the Federal Law "On JSC", etc.);
regulations and clarifications of authorities executive power(Rostrud, Goskomstat of the Russian Federation, etc.);
local regulations in force at the enterprise itself: with their help, separate rules can be established that must be followed when issuing an order to dismiss the director.

Based on these regulations, the following conclusions can be drawn.

If the director is dismissed, the order to this effect must be drawn up in the same way as for any other employee.
Grounds and specific procedure for termination labor contract, used for the manager, are different from the one used for other employees.
, indicating in it the date from which he resigns from his duties as head. Without this, another person cannot be appointed to his position.

The order is drawn up only if the director works under an employment contract. If he is also the owner (founder) of the organization, it is enough for him to issue an order to appoint a new director in his place.

How exactly should an order be made?

In the event that the standard form T-8 is used for the order, the form should be filled out according to the rules established by the resolution of the State Statistics Committee of the Russian Federation. If the enterprise has its own form for this document, then it should contain the following data:

Name of the organization;
order number in accordance with the document accounting system in force in the organization;
Date of preparation;
the name of the order (“On dismissal ...”, “On termination of the employment contract ...”, etc.);
the full name of the dismissed person and the title of the position (in strict accordance with the Charter and staffing enterprises);
details of the employment contract concluded with the director (number and date of conclusion);
date of dismissal;
grounds for dismissal (application, decision of the owner, expiration of the term, etc.);
article of the Labor Code of the Russian Federation, on the basis of which the director is dismissed;
signature of the person who issued the order;
familiarization mark (when the director issues an order to dismiss himself, it looks a little strange, but these are the requirements of the Labor Code of the Russian Federation).

You can download the Order on the dismissal of the director.

Consider the features of specific options for such an order.

Order to dismiss the director of an LLC at his own request

Like all employees, the director of an LLC can quit himself. However, he needs to be guided not only by the usual norms of the Labor Code of the Russian Federation, but also by special ones, relating only to the activities of executives. In particular, he must notify the owner (founder) of his own at least a month in advance.

The director's voluntary resignation letter must state the following:

grounds for dismissal - a statement by the director to the owner (general meeting);
a reference to the norms of labor legislation - in this case, to part 3 of Art. 77 of the Labor Code of the Russian Federation.

You can download the Order on the dismissal of the director of an LLC at your own request.

Order of the CEO to dismiss himself

If the general director and the founder are one person, an employment contract may not be concluded with him, and the norms of Chapter 43 of the Labor Code of the Russian Federation do not apply to him. In this case, the head is not required to comply with the provisions of Art. 280 of the Labor Code of the Russian Federation, a month's notice period, or even filing a letter of resignation.

The CEO, who is also the founder, will act as follows:

as a founder, he issues a decision by which he resigns from his duties as a director;
if an employment contract was concluded with him on behalf of the company, he additionally issues an order for his dismissal as a director, and if the contract was not concluded, then the order is not required;
acting again as a founder, he appoints a new director and notifies tax authorities about the changes.

You can download the Order of the General Director to dismiss himself

Order to dismiss the CEO by decision of the founder

You can download the Order for the dismissal of the CEO by decision of the founder

Subtleties regarding the dismissal of the director

Is the CEO entitled to sign an order to dismiss himself?

AT labor relations There are two sides - the worker and the employer. The organization itself acts as an employer, on behalf of which the sole executive body acts. Its powers are determined by the legislation and the charter of the organization. This body is the head of the organization, regardless of what his position is called (director, general director, etc.).

Thus, even in the case when it comes to terminating the employment contract with the head of the organization, draw up Required documents(including the dismissal order) must be the director himself, since it is he who is the sole executive body until the moment when another person is appointed to this position. This follows both from the content of labor and civil legislation, and from the explanations government agencies executive branch (in particular, letters from Rostrud No. 1143-TZ of 2009).

It is necessary to remember the following nuances according to the Labor Code of the Russian Federation.

The day of dismissal is the last day on which the employee works. Until that moment, all the rules relating to rights and obligations, including official ones, apply to him. Therefore, up to this point, the general director retains his powers, and the order can be signed by him earlier.
There are no exceptions for the head of the organization.