Dismissal of the general director at his own request instructions

The dismissal of the head of an enterprise with any organizational form at his own request is regulated by the Labor Code and is based on the principle of freedom of relations between the employee and the employer. The general director, although he has a special status, is an employee, and his right to terminate the contract cannot be infringed.

If the company is an LLC, this employee, as a rule, takes office and resigns by decision of the general meeting of co-founders (owners). In view of this provision, various difficulties often arise, including how to dismiss a director if he has submitted an application, but the members of the organization are inactive. The right to freedom of labor relations should not be infringed in this case either. The head of the organization will be able to leave his place of work without obtaining permission from the meeting.

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Legal basis for dismissing a director at will

The Labor Code of the Russian Federation provides the basis for termination of mutual obligations for this reason in Part 3 of Article 77 and Article 80. Also in Art. 280 indicates the right of the manager to terminate the contract early, being the initiator. In this case, the director must notify his employer at least one month before the expected date of resignation. It is important to correctly determine the moment of notifying the meeting of your decision.

Since the director of an enterprise is one of the most important employees, whose activities in most cases are related to trade secrets, and also has other serious features, when dismissing him, it is necessary to strictly follow the procedure and legal requirements. Otherwise, the organization may face serious negative consequences, litigation and unwanted expenses.

Dismissal of the head of an enterprise at his own request is one of the most common resignation processes used today. This method of terminating mutual obligations, like terminating a contract by agreement of the parties, presupposes a peaceful outcome of the case. Using this reason, the director can terminate both a fixed-term and an open-ended contract. When dismissing a manager at his own request, an employer does not have the right to retain an employee longer than the notice period established by law.

Dismissal of the director of an LLC at his own request: registration in 2020

Let's look at how to fire a director step by step.

Step 1. Submit a resignation letter

In order to express your desire to resign from the position of director, you must draw up a statement about this. The structure of this document is slightly different from the application of an ordinary employee.

An application for dismissal of a director must be sent to his superior management - the owner of the company. If the company is founded by several people, then the application must be addressed to the meeting of participants. If there is only one founder, then the document must be drawn up specifically in his name.

The text of the application must state a request to be relieved of his position and make a reference to Article 280 of the Labor Code. It establishes the legal relationship between the parties in this case.

The director then signs and dates the document. It must be remembered that according to the rules, it must be drawn up no less than a month before the desired date of dismissal.

Attention! The secretary or personnel officer must register the document and make as many copies of it as the founders company has. On each of them you need to put a stamp “Copy is correct” and certify it with a signature.

Step 2. Convening a general meeting of founders

To carry out the dismissal procedure, you need to convene an extraordinary general meeting of the founders. To do this, each of the founders of the company is sent a notice of convening the meeting by registered mail with acknowledgment of receipt.
Also, each letter must include a list of attachments indicating all attached documents.

The charter of the company may indicate another method by which it is necessary to conduct a meeting of participants. However, mailing is still a fairly simple and reliable method.

Letters are sent to the addresses of participants indicated in the Unified State Register of Legal Entities or the current register. If a situation arises that the same person has different addresses in the statement and in the register, then it is necessary to send a letter to each of them.

The main attachment of the letter is a message that must indicate the place, time and date of the extraordinary meeting. Here you can also put down the future agenda - termination of the contract with the director of the company.

Step 3. Drawing up a dismissal order

Due to the fact that the director is considered a financially responsible person, a complete inventory must be completed before his dismissal.

The dismissal order is issued on the basis of the compiled minutes of the meeting of founders. The document can be drawn up on a standard T-8 order form, or you can use a company letterhead and format the text as you please.

Any order of dismissal must be signed by the head of the company. The same applies to his own dismissal. If the manager cannot sign the document, for example, due to illness, then this can be done by an authorized person. The rights to sign a document are transferred using an order or power of attorney.

The basis for termination of the contract in the order is stated in paragraph 3 of Article 77 of the Labor Code of the Russian Federation. As a basis for drawing up the document, it is necessary to record the data of the application for the dismissal of the director and the decisions of the founders.

The director also signs the document in the familiarization column. After this, the order is registered in the order book.

Step 4. Make a note of dismissal in your personal card

The director’s personal card must include information that he has been dismissed from the company and indicate the details of the order. This information is indicated in the line “Grounds for termination of the employment contract (dismissal).” After which it is necessary for the employee to sign that he has read this record.

See a sample of filling out a personal card in form T-2

Step 5. Making an entry in the labor record

Like an ordinary employee, the director needs to make an entry in the work book about the dismissal. It should be drawn up as follows: “The employment contract is terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.”

Column 4 records not the details of the order, but information about the minutes of the meeting of participants, how the dismissal of the manager was accepted.

The employment certificate must be handed over to the director on his final working day in the company. Upon receipt, he must also put the visa in the labor register.

Step 6. Compose a note-calculation and carry out the calculation

When dismissing a director, like an ordinary employee, it is necessary to make a full settlement with him for the amounts due to him. To do this, the accountant must carry out the calculation and enter this information into the calculation note in the T-61 form.

Upon dismissal, the director is entitled to the following payments:

Salary for hours worked.
Compensation for unused vacation, if it was used in full.
Severance pay, if it is provided for in the employment contract or in the collective agreement.

Sample of filling out a notice for dismissal

Important! If on the last day of work no settlement was made with the dismissed person due to his absence, then the money must be paid later than the next day from the date of presentation of the demand.

Step 7. Issue work-related documents to the employee

On the last day of work, the dismissed person must be given the following documents:

A work book with an entry on the termination of the employment contract included in it. In this case, the former employee must sign in the Book of movement of work books and inserts to it about receipt of this document.
Certificate in form 182 about the amount of income received over the last 2 years. Necessary for calculating sick leave at a new place of work.
At the employee’s request, certified copies of documents related to his work activities can be provided: copies of orders, statements, etc.
Information about paid and accrued payments to the Pension Fund.
Information about the length of service in the form SZV-STAZH. This is a new form used since 2017.

Important! If an employer does not issue a certificate in the SZV-STAZH form upon dismissal, then a fine of up to 50 thousand rubles may be applied to him.

Step 8. Notifying government agencies

Under an ideal set of circumstances, the dismissal of the old director and the appointment of a new one occur simultaneously. Therefore, all concerned authorities must be notified about this.

An application for a change of manager, Form 14001, is drawn up and submitted to the tax office. This must be done within three days from the date the new manager accepts the position. His signature must be notarized.

Attention! If the specified deadlines are not met, a fine will be imposed on the company. After receiving this document, INFS itself notifies all extra-budgetary funds.

Step 9. Other actions

If the director was a person liable for military service, then it is necessary to notify the military registration and enlistment office within two weeks from the date of dismissal. To do this, you must send a notification to the military registration and enlistment office either by mail or by personally visiting this government agency.

Procedure for terminating obligations at will

The dismissal of the head of an LLC, OJSC, CJSC or an enterprise of another organizational form must occur according to the following algorithm:

The person resigning notifies the participants of the general meeting. This must be done in writing by sending a notification by mail.
A meeting is held during which the issue of resignation by the director and the appointment of a new employee to this position is decided. The fact of this event is recorded in a protocol, which indicates the reason for the termination of the contract.
An order is issued to terminate the contract with the director. As a rule, this document is drawn up in the T-8 form and is recorded in the journal. The text of the order must indicate the reason for the resignation with reference to the article of the Labor Code.
Cases are transferred to a new employee or other authorized person.
On the day of dismissal, the director is paid the funds due upon termination of the contract.
The employee’s personal card is filled out. The director signs it, which confirms that he is familiar with the recording.
The manager's work book is filled out. Moreover, he can enter information into it himself, if there is no other person responsible for filling out this documentation at the enterprise.
Information about the change of manager is transmitted to the financial organization.
Within 3 days, the Federal Tax Service is notified of a change in the managerial person at the enterprise.

The employee has the right to request a duly certified copy of the order. The correct execution of documents and the correctness of the entries made in the work book must be monitored in order to avoid negative consequences during future employment.

Drawing up a dismissal order and making an entry in the work book - where can I get a sample?

Since the director is also an employee of the company, documentation of the fact of his dismissal can be carried out using the usual dismissal order in the T-8 form.

Find out how to fill out the documents required upon dismissal, and where to get a sample of their execution when dismissing a general director, from the articles on our website:

“Unified form No. T-8 - form and sample filling”;
“Unified form No. T-61 - form and sample.”

The director will have to sign such an order himself and sign for familiarization with it (Article 84.1 of the Labor Code of the Russian Federation).

If the resigning director does not issue an order, as justification in the work book (column 4) you can indicate the details of the protocol of the owners’ decision to terminate the employment relationship with the director.

Procedure for notifying the founders of the organization

As mentioned above, the manager has the right to resign with or without the consent of the founders, but he is obliged to notify of his desire at least one month in advance. This period does not change depending on the duration of the employment contract. In such relations, the employer is the organization itself, its governing body, therefore it is necessary to notify the general meeting or the individual participant of the desire to terminate mutual obligations.

How to prepare documents?

Statement

The application is submitted to the owner of the enterprise or the general meeting at least 1 month before the director leaves his position.

Reference. The original of this document remains in the organization, but the manager must also make copies according to the number of owners of the organization’s property.

It is compiled as follows:

in the upper right corner - to whom the application is sent (owner of the organization, chairman of the meeting of founders, etc.), name of the organization, from whom it is submitted (full name of the director, name of his position, name of the unit he manages);
the central part is the name of the document (“Application”);
The basis of the application is the full name and position of the manager, a request for dismissal, a link to Art. 280 of the Labor Code of the Russian Federation, date of dismissal (no less than a month after the day the application was submitted).

At the bottom is the date of submission of the application and the signature of the boss with a transcript.

Order

Regardless of the reason for the manager’s resignation from his post, the Order must be issued from the moment the decision to dismiss him is made. The authorized person has a choice: use the ready-made T-8 form or issue a document in any form.

The order contains:

date and place of its preparation;
document number (for subsequent entry into the accounting journal);
Full name of the director, name of his position;
basis with reference to an article of the Labor Code of the Russian Federation;
link to the document grounds for dismissal (application, meeting minutes, etc.);
the signature of an authorized person (the owner of the property, the replacement boss, and in his absence, the person being dismissed) and the seal of the organization.

Entry in the work book

The procedure for making an entry is established by clause 5 of the Appendix to the Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69:

Column 1 contains the serial number of the entry;
column 2 – date of dismissal;
column 3 – reason with reference to the article of the Labor Code of the Russian Federation;
Column 4 – document providing the basis for the director’s removal from office (personal statement, Order, minutes of the meeting, etc.).

Below is the signature of an authorized person (HR department, the manager himself or the person who replaced him).

Determining the date of resignation

During the general meeting, the participants must decide to appoint a new manager and determine the date upon which he will begin his duties. They need to take into account the term of resignation of the resigning director. Thus, the date of resignation may be:

The day that the resigning person indicated in the application. This date is accepted by the participants if they have no objections.
The day on which the advance warning period expires. This date is also used when the director did not indicate the desired term of resignation in the application. If the end of the advance notice period falls on a weekend, the day of dismissal will be considered the next worker.
Date determined by agreement. Upon dismissal, the parties have the right to enter into an agreement and set the day of dismissal independently. In this case, the basis and article of the Labor Code of the Russian Federation for terminating the contract will change.

Important! If the general meeting decides to terminate mutual obligations with the manager before the date specified by him, this will be considered dismissal by decision of the general meeting, and not on the initiative of the employee. If the director resigns for this reason, he is entitled to compensation.

Do not forget that in some cases employees have the right to terminate mutual obligations without working out or in a short time. For example, upon termination of a contract due to the inability to perform work functions or due to retirement. This rule is fully applicable to the heads of organizations.

Can a director fire himself if he is the only one on staff?

Since the manager enters into an employment contract with the owners of the company, the change of director in the LLC must take place with their knowledge. He cannot independently issue an order for his dismissal.

Therefore, when a contract is terminated, the director must first convene a general meeting and then submit copies of his application to them.

Attention! If the owners do not appear at the meeting or, as a result of the meeting, do not resolve the issue of appointing a new manager, then he has the right, after waiting one month, to cease fulfilling his labor duties.

Another option is if the founder and general director are the same person. Labor law allows for the possibility of entering into a contract with oneself. Therefore, such a person can dismiss himself on behalf of the founder, and for this it is enough only to issue an appropriate decision. However, if the company continues to exist, a new director will need to be elected.

Statement from the manager on resignation

A letter of resignation on the manager’s own initiative is a document recording the employee’s will aimed at resigning. The Labor Code regulates the time in which it must be drawn up and submitted: one month before the desired date of termination of employment in the organization. An ordinary employee has the right to resign on his own initiative by submitting an application two weeks before the day of resignation. Article 280 of the Labor Code of the Russian Federation extends this period for enterprise managers twice. This is quite justified, since the official duties of the director are of an extremely important nature. He is actually the main executive body of the company.

Special grounds for dismissal

Special grounds for dismissal of the general director include the following cases.

1. Change of owner of the organization’s property (clause 4, part 1, article 81, article 75 of the Labor Code of the Russian Federation). The new owner may, no later than three months from the date on which he acquired the right of ownership of the organization’s property, terminate the employment contract with the general director. When dismissing a manager, the new owner is obliged to pay him monetary compensation. The amount of the payment must be at least three months' average earnings of the general director (Article 181 of the Labor Code of the Russian Federation). An exception is made by the heads of organizations in whose authorized capital the participation (shares) of the Russian Federation or municipalities is more than fifty percent. Their compensation is strictly equal to three times their average monthly earnings, no more and no less. Such rules are established by Article 349.3 of the Labor Code of the Russian Federation.

2. Making an unjustified decision by the head of the organization , which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property (clause 9, part 1, article 81 of the Labor Code of the Russian Federation). In order to dismiss the general director on this basis, it is necessary to prove that the adverse consequences arose precisely as a result of such a decision. At the same time, the employee had other options to get out of the difficult situation, which he did not use.

3. A one-time gross violation by the head of the organization of his labor duties (clause 10, part 1, article 81 of the Labor Code of the Russian Federation). A single gross violation means, in particular, failure to fulfill the duties assigned to the general director by an employment contract, which could result in harm to the health of employees or property damage to the organization (clause 49 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

Attention: dismissal of the head of an organization for making an unreasonable decision and for a one-time gross violation of labor duties is a disciplinary measure. The procedure for imposing a disciplinary sanction must be carried out according to the rules of Article 193 of the Labor Code of the Russian Federation.

If this procedure is not followed, the court may declare the dismissal of the general director illegal and reinstate him. In this case, the organization will have to pay the manager for the entire time of forced absence. This is stated in Article 394 of the Labor Code of the Russian Federation.

Procedure for transferring cases

Since the head of the organization is an employee with a special status, his duties have significant consequences for the company, and he bears financial responsibility, before dismissal it is necessary to implement a procedure for transferring affairs to a new employee. This is necessary, first of all, for the director himself in order to differentiate responsibilities. If, after resignation, confirmation of any violations is discovered that could even conceivably occur during the performance of the employee’s duties, the manager will be held liable, despite the fact that he has already resigned.

In practice, this means transmitting the following documentation:

Constituent and registration papers of the organization.
Minutes of general meetings, decisions of co-founders.
Accounting and banking documentation.
Documents confirming the title to the property of the enterprise (fixing the right to real estate, vehicles and other valuables).
Personnel documentation.
Agreements with counterparties.
Seal of the organization, keys to the safe.
Other important documentation.

The legislation does not regulate a clear procedure for transferring cases to a new employee in such cases. Since the manager is a financially responsible employee, it is necessary to conduct an inventory of the company’s property. It is also advisable for the director to make a report on accountable funds, keeping copies of all documentation, and hand over excess amounts to the cashier. It would be useful to notify the certification center and the banking organization about the change of the head of the company. When transferring cases to a new employee, it is advisable to document the procedure with an acceptance certificate.

On the last day of work with the employee, a full payment is made. He is entitled to pay compensation for unused vacation and the balance of wages that were not transferred. At the same time, an entry is made in the director’s work book. It should be formulated clearly, indicating the basis for termination of the contract with reference to the article of the Labor Code of the Russian Federation.

After taking office, the new manager is required to submit information about the change of director of the organization to the Federal Tax Service within 3 working days. The person who quits must ensure that changes are made to the Unified State Register of Legal Entities. If he continues to be part of the organization, he may have difficulties finding employment in a leadership position in the future. If the enterprise is inactive, the director has the right to oblige him to provide information through the court, since he himself cannot do this.

Dismissal of a director: dismissal order and other procedures

Dismissal of the general director at his own request is a process that requires the employer to comply with a set of mandatory and timely procedures.
The general issues to be resolved in this situation are recording the resignation letter received from the employee, issuing a dismissal order, carrying out the final settlement and transfer of cases, making an entry in the work book, etc. In general, the dismissal schemes for an ordinary employee and a company manager are similar, but there are and differences. For example, labor legislation establishes different deadlines within which the employee and the director must notify the employer of their desire to leave.

IMPORTANT! Before the general director resigns at his own request , he has the right to terminate his employment relationship with the company by notifying the owners one month in advance (Article M280 of the Labor Code of the Russian Federation). He must express his intention in writing.

The procedure for voluntarily dismissing a CEO is more complicated than the process for voluntarily terminating an employment agreement with ordinary employees. This is due to the need to comply with additional legally established procedures. For example, the issue of termination of powers of the general director of an LLC is resolved by the general meeting of its participants (Article 33 of the Federal Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ).

IMPORTANT! If the owner delays the dismissal of the director and after a month from the date of receipt of the application the issue of termination of powers has not been resolved, according to labor legislation the director has the right to stop working (Article 80 of the Labor Code of the Russian Federation).

Both the director and the owner will have to work hard within the monthly period specified by law. Before the director of an LLC resigns of his own free will, it is necessary to select a suitable candidate for the vacant position and formalize the appropriate powers, organize the transfer of all affairs from the resigning director to his successor, and provide documentary support for the procedure for the dismissal of the previous director.

In addition, a number of mandatory functions have to be carried out, including informational ones - notification to tax authorities, banks and other interested parties about changes in data about the head of the company.

This will be discussed in the following sections.

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.

The founders are inactive, what to do

When a director is dismissed, it is necessary for the owners to elect a new director. After this, it is necessary to notify government agencies and enter new information into the Unified State Register of Legal Entities.

If there is no new director, then the owners find themselves in a difficult legal situation. On the one hand, the old manager resigns 1 month after written notification to the owners. On the other hand, the company does not have a new governing body.

If the owners do not take any action to find a new director, the old one dismisses the director of the LLC without appointing a new one independently on the basis of the provisions of the Labor Code of the Russian Federation. The line is entered into the employment record as if it were a simple dismissal at will.

After the expiration of the established period, he must also formalize in writing the withdrawal of all powers. However, an internal order will not allow him to exclude himself from the Unified State Register of Legal Entities.

The current law establishes three cases when this can be done:

Hiring a new director;
Liquidation of a company;
Removal of powers.

Attention! In such a situation, the exclusion of an already inactive manager from the register can only be carried out by a court decision. The former manager with supporting documents can contact this body, and if the court makes a positive decision, then information about him will be removed from the register.

Take action!

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

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.
Draw up a notice of the founders' meeting. Along with a copy of the resignation notice, send notice letters to all company founders.
Hold the meeting at the appointed time.
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.
Sign the dismissal order, make the appropriate notes in the work book - let the personnel department handle this.
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.

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.

Without the consent of the founder

Can the CEO of an LLC resign without the consent of the founder? How to properly fire yourself as CEO?

impossible to dismiss a figure of this level without her consent and without the consent of the founder . It is not realistic to start such a procedure without the participation of the founder or without the consent of all founders .

Another case is the implementation of an independent decision by the general director. It can also ultimately be based only on the decision of the meeting of shareholders, board of directors, founders and any other advisory structure, the sole owner of the organization’s property.

But the first step in this case is a standard application for dismissal from the position.

In the absence of a decision received from the controlling constituent councils and bodies, the dismissal process is carried out as standard.

Personnel divisions are based on the mandatory right to freedom of labor of every citizen of our state guaranteed by Article 37 of the Constitution of the country and Article 2 of the Labor Code.

In this case, the general meeting of the founders is necessary solely for the purpose of accepting the fact of dismissal of the employee, to which the latter has the right within the period taken into account in Article 80 of the Labor Code of the Russian Federation.

An important nuance in making such a decision is:

the need to transfer data to the Unified State Register of Legal Entities about the new personality of the general director;
signing a consent to one’s own dismissal from work, since such a document can only be signed by the general director listed in the Unified State Register of Legal Entities, changes to which cannot be made until the fact of the dismissal of the old one and the appointment of a new general director is recorded.

Data on necessary changes in the Unified State Register of Legal Entities are indicated on the basis of information transmitted to the territorial tax authority . Such information must be sent within 5 working days.

Sample minutes of the founders' meeting.

Features of the procedure

The general director is a simple employee of an enterprise or organization. His position includes certain duties, the fulfillment of which is verified by higher positions. But his voluntary departure comes with numerous differences from standard procedures.

The following factors are highlighted here:

Unlike an ordinary employee, who must give notice of voluntary resignation 2 weeks in advance, a manager must submit an application a month in advance.
If, in the case of an ordinary employee, the decision is made by the manager, then the dismissal of the general director entails the mandatory convening of a meeting of managers. At the general meeting, a decision is made on drawing up an order for the departure of the previous director and the appointment of a new director.
The general director does not have a specific period of service after submitting an application. The specified period of one month is conditional. The director cannot leave his post until he has completely transferred all matters to the new employee.
The general director, even at the moment of transferring cases to a new person, must notify the tax authorities and the Unified State Register of Legal Entities department about changes in the information in the documents. This is done by submitting an appropriate application on behalf of the general director.

The transfer of affairs to a new manager is extremely important, since in this way there should be a temporary division of responsibility to the organization, tax and other executive authorities.

How can the head of an LLC notify the founders of leaving work?

Based on the provisions of Art.
280 of the Labor Code of the Russian Federation, the manager has the right to resign on his own initiative, even without the consent of the founders. The procedure for terminating the contract is initiated on the basis of a written notification from the employer (the owner of the enterprise's property, his representative) within the period established by law. This period is considered a working period: the manager completes the tasks and transfers them to the new director or the person performing his duties.

Information is provided in the form of a written notice or statement sent to the founders. A unified notification form has not been approved . The notification is drawn up for each founder in any form and contains information:

Business name;
Full name of the owner of the organization;
document's name;
a descriptive part indicating the reason for leaving (at your own request) with reference to a legislative act (Article 280 of the Labor Code of the Russian Federation);
date of dismissal and filling;
director's signature.

The notification may also contain a request to carry out a procedure for the acceptance and transfer of documentation and material assets. The notification may also include information about the holding of an extraordinary council of founders on the issue of dismissing a director, appointing a new one and transferring affairs (is it possible to dismiss a director without appointing a new one?).

If there is only one owner of the company, a meeting is not required: he makes the decision to terminate the working relationship independently based on a notification from the director.

The document is handed over to the founders in person, by courier or by mail - by registered mail with a list of the contents and notification of receipt. A notification is sent to the legal or actual address of the organization or to each founder’s home. When delivering a document personally or by courier, you must officially register the fact of its acceptance by an authorized person (keep a copy of the paper with a note of acceptance).

Notice of the dismissal of a manager is sent to the owners of the company not with the goal of gaining their approval, the main task is to inform.

Even if the founders disagree, they cannot interfere with the manager’s decision to terminate the contract. After the information has been provided and after the expiration of the service period, the director has the right to resign and no longer perform official duties.

If the manager is also the founder of the company, then he does not need to issue a notification or application. It is enough to issue a written decision to remove yourself from the position of director. If the organization continues its activities, it is possible to add a clause on the appointment of a new manager to the same document.

Employer notice period

Article 280 of the Labor Code of the Russian Federation regulates the period in which the director is obliged to notify the employer of his resignation: notification is carried out 1 month before the date of dismissal.

The type of contract concluded (fixed-term or permanent) is not taken into account.

The law does not establish an obligation to remain at work during a given month; a person has the right to be on vacation or on sick leave, the date of dismissal in this case does not shift.

The notice period makes it possible to find a new manager, transfer affairs, conduct an inventory, and warn counterparties about changes.

When sending a notice by mail, it should be taken into account that the countdown of the notification period, and therefore the date of dismissal, will begin on the next day after the founder receives the letter.

If there are several owners of the enterprise, the date of receipt of the postal item by the last of them is taken into account (appeal ruling of the Belgorod Regional Court No. 33-1744).

Article 80 of the Labor Code of the Russian Federation outlines the possibility of dismissal without service by agreement between the parties or in situations that make work impossible (when retiring, moving, and so on). The provisions of the law apply to both ordinary employees and managers .

That is, the date of dismissal of the general director can be:

the day indicated in the application;
the date on which 1 month expires after notifying the employer;
another day established by the parties by mutual agreement.

If the founders dismiss the director earlier than the date stated by him, the basis for terminating the contract is no longer considered to be the desire of the director, but the decision of the owners of the company. In this case, the employee is entitled to compensation in the amount of 3 months’ earnings.

The specifics of dismissing the CEO by decision of the founders are described in another article.