How to dismiss the director

The dismissal of an ordinary employee is the usual thing. With such a personnel decision of the company collide daily. But how is the calculation of the director of the company, even not every lawyer knows. Here you need to take into account the cause of dismissal and the main factors that contribute to this. Let's consider in more detail how this process is performed.

1

Causes of dismissal

In order to "provoke" the dismissal of the head of the enterprise, we need weighty grounds. It should be immediately noted that completely "hopeless" in this regard are attempts to say goodbye to the director who has benefits - for example, associated with disability, loss of the breadwinner, etc. Even for a rude repeated violation, the court may refuse such an employee.

If we are talking about all other categories of employers, the reasons for early termination of their employment contract may be (according to art. 278 TC RF):

• reorganization processes in the enterprise (liquidation, bankruptcy, "merger of companies", etc.);
• gross violation or failure of duties under the employment contract;
• unforeseen circumstances provided for by the contract.

An ideal option for dismissal is the end of the employment contract. As a rule, in this case, the parties diverge "Pulley", and the situation is not exacerbated by litigation.

2

Board of Directors

If the company's head falls under one of the above criteria, he may threate a sudden dismissal. The procedure for the early termination of an employment contract with the company's head as follows:

1. All founders of the organization are invited to carry out a universal meeting. At the same time, the "culprit" of fees should be pre-announced about the date and place of the meeting. However, according to the current legislation of the Russian Federation, it may not be present there, if this is not envisaged by the company's charter.
2. The meeting addresses the issue of dismissing the head. The parties express their opinions, bring arguments and arguments. At the same time, all information is recorded in the meeting protocol, where it is mandatory:
   • grounds for dismissal;
   • reference to the article of the law;
   • list of auxiliary documents necessary to solve the issue (report, medical certificate, etc.).
3. A separate point is solved by the issue of paying the leader of material compensation. According to art. 279 TC RFIf dismissal is not associated with the inaction of the chief, it relies with monetary assistance in the amount of at least three monthly salary.
4. The document is signed by all participants in the meeting and comes to the attention of the head.

Important: The assembly of directors should be carried out with regard to all formalities that depend on the form of ownership of the enterprise. So, for example, if we are talking about a joint-stock company, it is necessary to place an ad in the newspaper about the upcoming fees 20 days before the meeting.

3

Own wish

If the head wants to go through a personal initiative, shareholders meets also not to avoid. In this case, a statement is written asking to terminate the employment contract and a detailed explanation of the reason for the calculation. The document is transferred to the company's founders and is made on the agenda of the General Council. When calculating the employment record, a personal desire to leave the workplace is made.

Download right now:

• Application form for the dismissal of the director of his own accord;
• Approximate sample of the filled statement on the dismissal of the chief at his own request.

4

Consequent consequences

When the general meeting decided to dismiss the director, another problem occurs - the search for a new candidate for his place. As a rule, it is difficult to quickly find a reliable person, so for the normal functioning of the company, it is necessary to impose responsibility to another person, for example, deputy or assistant to the former manager. In this case, the meeting of founders is convened, and a candidate is negotiated to the place of the head of the enterprise. The decision made is fixed in the relevant order with the indication of the new official and the detailed description of his employment duties. At the request, the document can be assured in a notarial manner.

A copy of the order must be sent to the following instances:

• tax inspection (together with the accompanying sheet, where the situation with the "power change" is described in detail);
• the banking institution with which the company cooperates;
• pension Fund.

Download from us on the portal:

1. Approximate sample of the protocol of the meeting of founders about the change of the head;
2. Approximate sample of filling the protocol of the meeting on the change of the Director-General in LLC;
3. Approximate sample of the order of the provision of signature;
4. Approximate sample of filling out an order for the provision of signature rights on financial documents of the company;
5. Sample sample decision of the founder about the appointment of a new director;
6. An exemplary sample of filling out the order of entry into the position of new director.

The procedure for the dismissal of the director is considered quite painstaking. The main thing is to take into account the legislative aspects Labor Code of the Russian Federation and act according to the above instructions.