Dismissal of a manager at his own request and what is needed for this

Procedure for dismissing a manager at his own request

Dismissal of employees can occur either at their own request or by decision of the director.

When dismissing a company director, there are several rules:

1. It is necessary to provide a correctly drawn up application, which must indicate the person with whom the employment contract was signed.
2. It is necessary to indicate the article on the basis of which the contract will be terminated early.
3. It is necessary to provide a document indicating that a meeting was previously held at which the manager informed everyone.
4. It is necessary to convene a meeting at which to propose a new leader or re-elect him again.
5. Then the director of the company where the head of the department works must make a note in the work book.
6. Mandatory payment on the last working day.
7. An important condition is to notify the tax office about the resignation of the manager from his position.

Having fulfilled all these rules, the head of the organization will be able to leave the enterprise of his own free will. An important aspect in this matter is the sequence that must be followed.

General procedure

The legislation does not limit the founder in his desire to be at the same time an employee of the same enterprise.

The director of the company, according to Article 274 of the Labor Code of the Russian Federation, receives legal status, which is determined not only by regulations, but also by the employment contract. This means that all his actions are regulated by the Labor Code in the same way as the actions of every other employee. The function of signing a contract with the manager on behalf of the enterprise is assigned to the participant, who acts as chairman at the meeting of participants and at the same time is a representative of the employer.

One of the grounds on which a director and at the same time a founder may be dismissed is a decision of a meeting of a limited liability company . In addition, the head can express his own desire, and the participants cannot refuse him due to the prohibited forced labor on the territory of the Russian Federation.

The following must be notified that the powers of the founding director are terminated for one reason or another :

• tax service;
• banking institutions where LLC cash accounts are maintained;
• all counterparties with whom contracts have been concluded.

Most often, situations occur when an enterprise suspends its activities due to financial insolvency, due to the inability to pay employees on a timely basis. Regardless of the reasons, registration of dismissal must occur in accordance with the norms of the Labor Code.

Notice period for employer about dismissal

There are different situations when it is necessary to change your occupation, or to urgently leave due to current circumstances. If this is a deliberate decision that did not arise immediately, then you need to clearly understand and know when and how to warn the director of the company about leaving.

After voicing your decision, you need to work out a certain period in accordance with the law. It is important to remember that the terms that a manager is required to work differ significantly from the time for ordinary employees. Thus, an ordinary employee of an enterprise is obliged to notify the boss two weeks before dismissal. This is the period he is required to serve.

Unfortunately, this rule does not work for people who occupy leadership positions. Based on the employment contract that was signed between the manager and the employer, the director of the department must work at the enterprise for another month from the date of notification of his departure. In addition, if the director wants to urgently terminate the contract, he is still obliged to work at the enterprise for another month.

These conditions are stipulated in the employment contract, and it is no secret to anyone how much time in advance you need to give notice of your departure.

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:

1. Business name;
2. Full name of the owner of the organization;
3. document's name;
4. 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);
5. date of dismissal and filling;
6. 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.

Consent of the founders

When leaving a managerial position, you must notify all investors in the company. This is done in order to have enough time to find a new employee. During the meeting, the issue of dismissal of the director of the enterprise is on the agenda.

All members of the joint stock company must speak out and express their opinion on this matter. Sometimes it happens that the founders try to resolve the issue in their favor - they try to keep the previous employee in a leadership position by offering various incentive options. If the decision is final, the shareholders consult and decide on further actions.

When a manager resigns, it is imperative to find a replacement to take his place. This takes about a month. If it is impossible to find a replacement, the responsibilities of the head of the enterprise are transferred to his deputy.

Sometimes there are cases when it is not possible to hold a shareholder meeting or, due to certain circumstances, this is simply impossible. Then the head of the enterprise has the right to dismiss, since the employment contract stipulates the condition only of notifying all participants in the enterprise.

How should I write a settlement paper?

The initial stage of the procedure for dismissing a director is the preparation and submission of an application to the employer (founder). The document is filled out arbitrarily; there is no approved generally accepted form.

The application contains the following information:

1. Business name;
2. Full name of the person authorized to consider the application, position;
3. Full name of the director;
4. a descriptive part indicating the date and reason for dismissal and a reference to the legislative act (Article 280 of the Labor Code of the Russian Federation);
5. date of application.

The person to whom the paper is addressed puts his visa on it. However, even if you disagree with the dismissal and in the absence of a signature of an authorized person, the document is valid (if there is a fact of its delivery to the addressee).

If the general director and the founder are one person, there is no need to write an application; a decision to remove the powers of a manager and appoint a new one is sufficient (if the company continues to function).

Whose name are they writing in?

The resignation letter is mainly written in the name of the person with whom the employment contract was concluded. If there is only one founder, and the director is an employee, the addressee in the document is the sole owner of the enterprise or his representative.

If there are several founders, it is advisable to write the application addressed to the chairman of the general meeting of owners of the organization. Usually the head of the council is selected from among the participants. If there is no chairman, it is permissible to address the application as a whole to the general meeting or list all the founders.

If in a company the issues of appointment to the position of general director are within the competence of the board of directors, the application should be addressed to the chairman of the board of directors.

Who is it served to?

The application is sent to the persons to whom it is addressed within the period specified by law (1 month). You can submit a document in person, through a secretary, personnel service, office or by postal delivery.

When transferring in person or through an authorized person, you must keep a copy of the application with a note of acceptance. This will confirm timely notification of care. The application is sent by registered mail with a description of the contents and a return receipt.

You can send the application to the legal or actual address of the company or the home address of the founder.

Who signs and endorses the document?

The signature on the application is placed by the person to whom the document is addressed. Usually it is the chairman of the general meeting or the owner of the organization directly, if he is the sole founder. Based on the paper, an order to dismiss the employee is prepared.

If the authorized person refuses to sign and initiate the procedure for terminating the contract, the director only needs to prove the fact of delivery of the application (provide a copy of it with an acceptance mark, registration number, postal receipt of delivery, and so on). After the period specified by law, the manager will be considered dismissed, regardless of the consent of the founders.

If on the last working day a financial settlement has not been made with the director, there is no order to terminate the contract, or work documentation is not issued, the citizen has the right to appeal to the labor inspectorate, the prosecutor's office or the court.

The dismissal of a director differs from the procedure for terminating an employment relationship with an ordinary employee. Read about the procedure for dismissing a manager by agreement of the parties, what responsibility he bears after dismissal, as well as how to make an entry in the employment record when dismissing a general manager.

To initiate the dismissal procedure, the general director of the enterprise must inform the founders of his decision within the period specified by law, which is usually 1 month. The notice and application for resignation do not have a unified form and are drawn up arbitrarily. Based on these documents, the meeting of founders makes an appropriate decision, then the standard dismissal procedure is carried out.

Working hours at the enterprise

The head of an enterprise differs from an ordinary employee not only in salary and scope of responsibilities, but also in the timing of dismissal from the position. An ordinary ordinary employee has the right to work at the enterprise for two weeks after signing the application. The manager's term of service is one month.

During this time, the manager is obliged to prepare the entire package of documents about the company’s activities, its profits and all planned projects for the future, for his predecessor. Sometimes it happens that a completely new person comes to the company, so the ex-manager should help the new employee get up to speed and prepare him for work.

Dismissal of a manager is a rather labor-intensive process that requires large expenses both on the part of the manager and on the part of all participants in this process. Therefore, you should not take this matter lightly. It is important to fulfill all the points specified in the contract in order to avoid unpleasant situations.

Sample application

When resigning from a position, it is important not only to notify all participants in the enterprise, but also to correctly fill out the resignation letter. A correctly written application is fifty percent of success. However, it is important to remember that according to the legislation of the Russian Federation, the application is not mandatory. In this case, it is enough just to notify all the founders of the organization in writing.

When making an application, you must provide the following information:

• You must provide all your details;
• The application must indicate at least one of the founders or the owner who owns the enterprise;
• As in a regular application, the date of its preparation is indicated and a signature is placed.

Issuance of an order

After all the founders have read the manager’s statement and come to a unanimous decision - they have approved this step, it is necessary to issue an order. It is interesting that the dismissal order can be drawn up either by the director himself or by one of the owners of the company.

When drawing up an order, it is necessary to take into account some features. This document must contain:

• Details and full name of the company where the manager works;
• The title of the document indicates its numbering and date;
• It is necessary to indicate the details of the employment contract that was concluded at the time of hiring;
• You must indicate the reason for leaving your position. When voluntary dismissal occurs, it is worth referring to an article from the labor code;
• The application must contain the signature of both the manager who is going to leave his position and all the founders of this organization.

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

statement

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.

Making changes to the Unified State Register of Legal Entities

An important point in dismissing a manager is notifying the tax office of his resignation from his position. This is done because an entry in the tax office gives the manager the right to act on behalf of the company without a notarized document.

In addition, it is important to remember that the manager himself cannot submit this notification. This must be done by the new director of the organization. Moreover, the application must be sent within three days from the date of taking office. Otherwise, the new manager does not have the right to act on behalf of the company.

After receiving the application, the tax office registers it and five days later the former director is removed from the register. Otherwise, the former director will not be able to manage another organization, and in the event of bankruptcy of the enterprise, all the debts that he will be required to pay will fall on him.

Deregistration from the tax office is a very important stage in the dismissal of a manager. The future of the manager himself depends on this stage - his career growth at another enterprise or opening his own business.

Nuances

To submit a resignation letter, it must be addressed correctly. Depending on the owner, different information may be presented in the header of the document:

• if the company has only one owner, then the following entry should be made in the document: “Founder - name of the organization - full name of the owner”;
• if the enterprise has several owners at once, then the letter is addressed to the meeting: “General meeting of owners - name of the organization”;
• if the company is governed by a meeting in which a chairman is elected, then the application is submitted in his name: “To the chairman of the general meeting of founders - name of the organization - full name of the chairman.”

If the application is sent by mail, it must be sent to the home address of the business owner. It is worth considering that in such a situation, the countdown of the month begins not from the moment the document is submitted, but after it is received. You can find out the exact date in the receipt notification, which is sent to the sender after the letter is sent.

The director is a key link in the organization. It is he who decides on the hiring and dismissal of new employees. At the same time, the manager himself is the same full-time employee, but one or more founders act as the employer. To dismiss at your own request (Article 77 of the Labor Code of Russia), the manager must submit a corresponding application, which must be drawn up in accordance with all the rules for business papers.

Entry in the manager's work book

After writing an application, issuing an order, and working out the required period, an important stage follows - an entry in the work book. The work book contains all previous places of work, in the case of official employment. According to these records, the person is entitled to receive a pension in the future. That is, based on this, the length of service is calculated.

It is important to remember that not only the owner of the enterprise, but also the manager, albeit a former one, can make changes to the work book. All changes must be clearly stated in accordance with the law. Errors or corrections in this document are not permitted under any circumstances.

Compensation to the manager in connection with his dismissal

The head of the enterprise is the same employee as all other members of the organization. Therefore, upon dismissal from his position, he is entitled to certain payments.

Often these payments consist of cash deductions for unused vacation, bonuses or other monetary rewards, which are specified directly in the employment contract that was concluded upon taking up the position.

The founders have the right to pay not the entire amount that is due under the agreement, but to break it into several payments. In this situation, it is important to remember that such a scheme only works until an application for the need to pay the balance of the amount is received from the former head of the organization. In this case, the founders are required to make cash contributions within one day from the date of receipt of the application.

In addition, the minimum payment according to the law is three times the minimum wage of an employee. These payments are made to the employee’s bank card or according to the details he provided.

Expiration of the contract

When an office manager is hired for a position, an employment contract is drawn up, which specifies the terms of its validity. It happens that the terms of dismissal coincide with the terms of the end of the contract. In this case, this is not a reason to leave.

In this situation, dismissal is possible upon expiration of the contract. The founders should be warned about their intention to resign from their position and state the reason, which will subsequently be indicated in the work book.

Reasons and reasons

If you decide to resign on your own initiative, the head of the enterprise must inform about such intention no later than 1 month in advance. Termination of the employment contract in this case does not depend on the decision that the meeting participants can make.

In the event that there is a change in the ownership of all LLC property, the founding director also resigns in accordance with the requirements of the Labor Code. At the same time, changes that occurred in the composition of participants are not recognized as a change of owner.

In some cases, termination of employment relations occurs on the initiative of the authorized body of the LLC. The employer has the right to initiate dismissal without even justifying the reasons and reasons. But in the event of a proven fact of discrimination or violation of legal norms, such a decision may be declared illegal by the court.

Dismissal associated with removal from office is permitted only if the enterprise is declared bankrupt. The temporarily appointed manager petitions the court for this, citing his decision as the manager’s inability to resolve the financial issues of the enterprise.

The functions of the director may be assigned to another employee.