Resignation of a director at his own request: dismissal procedure, registration rules, transfer of material assets

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The founders of different companies can independently manage the business or hire hired specialists for this work. Often, professionals are hired to take the place of the director. They have the optimum knowledge and experience to effectively manage a business. But at a certain point in time, even the director decides to change the place of employment. Therefore, the dismissal of the director of his own free will is carried out. This procedure differs from the dismissal of an ordinary employee, since the head of the company has numerous powers and has material values.

Features of the dismissal of the head

The dismissal of the director of an LLC at his own request has many nuances. The procedure is different from terminating the contract with any other employee of the company. This is due to the position held and the powers available to the director.

On the main features of the procedure for dismissing a director on his ownOptional include the following:

1. The manager concludes an employment contract directly with the owners of the organization, represented by the founders. And if there are several participants in the firm, then each of them is sent a notification containing the intention of the employee to leave the company.
2. The decision to terminate the employment agreement is made at the meeting of the founders, after which a new head of the company is appointed.
3. Due to the need to provide notice and hold a meeting, the term for terminating the contract is significantly extended, so the process takes one month.
4. The owners of the firm can independently dismiss the appointed director, and this process is usually carried out when the company is sold, the company is liquidated, or due to incorrect decisions made by a hired specialist.
5. Not only the counterparties of the company, but also government agencies, as well as banks are notified of the dismissal of the head.
6. In order to prevent a situation where there is no management in the company, a new director is immediately appointed in the order.

Based on Art. 280 of the Labor Code, the head of the company must apply for resignation a month before this event, but ordinary employees complete this procedure two weeks in advance.

Reasons

The dismissal of a director of his own free will can be carried out for various reasons. They can be general or specific. Often, even business owners insist that a specialist write a statement thatallows you to not spoil his reputation. Most often, the process is performed for the following reasons:

• Terminal contract expires;
• citizen wants to change jobs;
• transferring an employee to another company;
• change business owner;
• decisions made by the employee are unreasonable or illegal, resulting in negative consequences for the firm and its founders;
• employee refuses to perform official duties;
• there is an intentional or accidental destruction of material assets entrusted to the manager when signing an employment contract with the owners of the company;
• organization being liquidated.

If there are good relations between the founders and the director, then even if the wrong decisions are made, the owners of the company do not dismiss the specialist on the article. They offer him the opportunity to write a statement of his own free will.

Drawing up an application

For various reasons, it may be planned to dismiss the director of his own free will. The application is a mandatory document drawn up by a specialist and submitted to the founders for study a month before the termination of the employment contract.

The structure of such a document is slightly different from the application form drawn up by an ordinary employee. The features of its formation include:

• addressee is the top management of the company, represented by the founders;
• each participant must receive their own copy of the application;
• in documenta request is written to release the citizen from his post;
• leaves a link to Art. 280 TK;
• document must be signed by the applicant;
• the date of its formation is set.

It is necessary to transfer the document to the founders a month before the termination of the employment contract. The secretary registers the document with the company.

A sample statement from the director of the firm can be viewed below.

Conducting a general meeting

The correct execution of the dismissal of the director of his own free will involves the adoption of a decision by the founders at the general meeting. To do this, the following actions are performed:

• an extraordinary meeting is being convened;
• each founder is notified of the event by registered mail with acknowledgment of receipt;
• at the meeting a decision is made to terminate the employment contract with the current director;
• can immediately choose a new head of the firm;
• a protocol is drawn up and the decision taken is correctly executed.

Forced labor is prohibited in Russia, so the founders cannot refuse to dismiss the director. But some founders can simply ignore the meeting, so the decision is not made and no minutes are drawn up. Under such conditions, at the end of the month, the director of the company can file a lawsuit against the owners of the company.

Issuing an order

When Gen. director ofthe corresponding order is issued by the owner of the business at his own request. A complete inventory of the company is preliminarily carried out, since the head of the company is a financially responsible person.

When drawing up an order, the rules are taken into account:

1. Documentation is being formed based on the minutes drawn up at the meeting by the founders.
2. Used for this is a standard form in the form of T-8, and you can also use the usual letterhead of the organization.
3. The order is signed by the head of the enterprise, even if the direct director is dismissed on it.
4. If a citizen cannot sign a document because he is on sick leave, then the process is carried out by an authorized person working in the company and having the right to sign on the basis of a previously drawn up power of attorney.
5. The order states that the dismissal is carried out on the basis of Art. 77 TK.
6. Rewrite information from the statement drawn up by the head, as well as from the decision of the company's participants.

The director signs the order, after which the document is registered in a special accounting book. Only with the correct execution of the procedure, the dismissal of the general director of his own free will is carried out. A sample order can be viewed below.

Entering data into a personal card

Any employee of the company has a special individual card, which contains information about hiring, dismissal, disciplinarypen alties, rewards or other actions.

The manager's personal card indicates that he is leaving the company of his own free will. The details from the order are rewritten, after which the document is signed by the employee.

Filing a work book

When the general director of an LLC is dismissed of his own free will, it is required to make appropriate changes to his work book. The document contains information:

• date of termination of the employment contract;
• reason for the dismissal of the head of the company;
• leaves a link to Art. 77 TK;
• rewrite order details;
• data are entered on the minutes drawn up at the meeting of the founders.

The work book is issued to a citizen on the last day of his work. He must sign in a special journal, which confirms the receipt of the document. A sample entry in the work book upon dismissal of the director of his own free will can be seen in the article.

Compiling a note-calculation

Director upon dismissal can count on all due payments along with other employees of the company. To do this, the necessary calculations are made by the accountant, after which the information is entered into the note-calculation.

This document is drawn up according to the T-61 form. The correct execution of the dismissal of the director of an LLC at his own request consists in the timely transfer of the due payments to the former employee. A citizen can count on the following funds:

• salary for the entire period of work;
• compensation for vacation if there are unused rest days;
• severance pay, if information about it is available in the employment or collective agreement.

If the director did not receive funds on the last day of work, then they must be transferred the next day after the citizen submits the corresponding request.

Issuance of documents to a specialist

The dismissal of the founding director of one's own free will is carried out in the same way as the termination of an employment contract with a hired manager. The procedure assumes that on the last day of the specialist’s work, all the necessary documentation is issued to him. These include:

• work book, which has already made the necessary entry;
• certificate containing information on the average earnings of a citizen for the last two years of work, which will allow you to correctly calculate hospital payments at a new place of employment;
• if the employee requires, then he is given copies of various orders or other documents related to his work in the company;
• certificate of funds paid in PF;
• information about the length of service in the form of SZV-STAGE, and this form began to be applied only from 2017.

If the founders for various reasons refuse to issue the former director any documents that he is en titled to by law, then the citizen can file a complaint with the labor inspectorate. For such a gross violation, the founders pay a fine of up to 50 thousand rubles.

Sending notice to government agencies

Usually, the dismissal of a director of his own free will is carried out with the simultaneous appointment of a new manager. Therefore, it is necessary to notify the interested state bodies about the change of the head.

A notification in the form P14001 is sent to the Federal Tax Service, and the procedure is performed within three days from the date of admission of a new specialist. The signature of the selected leader must be certified by a notary. Further, employees of the Federal Tax Service independently send notifications to other state bodies.

If the company did not manage to send the notification in time, then it will be held administratively liable.

Other activities

Filing out the dismissal of the director of an LLC at his own request is considered a complex and lengthy process, so it takes one month. Even after completing all the mandatory steps, other processes will need to be carried out:

1. If the dismissed employee is liable for military service, then within 14 days from the date of termination of the employment contract, a corresponding notification must be sent to the military registration and enlistment office.
2. As soon as a new manager is appointed, it is necessary to visit the bank branches where the company has open accounts in order to make the necessary changes to the concluded agreements.
3. If the company has a properly executed EDS, then an application is sent to the certification center to revoke this signature, since it is issued to the previous director, after which a new EDS is issued.

Only after all the important steps have been completed, the process of terminating the employment relationship with the hired director ends. He can be both an outsider and one of the founders.

What should a director do if there is no response from the founders?

Often company owners do not want to say goodbye to professional and responsible hired directors. In this case, they prefer to simply ignore the letter of resignation drawn up by the head of the firm. In this case, the correct procedure for dismissing a director at his own request is violated.

Under such conditions, it is advisable for the manager to file a lawsuit at the end of the month. The claim is the need to terminate the employment contract forcibly. Evidence of the legitimacy of the requirements is a statement sent to the founders a month ago. When considering the circumstances of the case, the court almost always takes the side of the plaintiff, therefore, there is a forced termination of the employment relationship. The founders are then held accountable for violating the requirements of the Labor Code.

For such actions, the director may also demand compensation for moral damage through the court.

Can a director fire himself?

Often, only the head of the company is registered in the state of the company. Even under these conditions, termination is subject to a decision made by the business owners.

If the leader is one of the founders, then hedraws up a monthly statement sent to other participants. He sets the date for the meeting and issues a dismissal order. In any case, you need to find a new leader if you plan to continue the work of the organization.

Conclusion

The procedure for the dismissal of the director of an LLC at his own request must be carried out in the correct sequence of actions. To do this, it is important to draw up a competent application, hold a meeting of the founders, issue an order and make the necessary changes to the employee's personal documents.

Business owners should take care of finding a new specialist for the position of manager. Due to the numerous complexities of the process, the dismissal of the director is carried out within a month.