How to write a resignation letter to a director. Step-by-step instructions for dismissing the CEO at your own request. Making an entry in the work book and paying the general. director

Reading time: 11 minutes. Views 29 Published 11/18/2018

Every company has a manager position. The person holding this position is responsible for managing all internal and external processes related to the life of the enterprise. The CEO is responsible for everything decisions made before the members of the founding council. This is because the person in this position is an employee. The general director, just like any other employee of the company, has the right to resign on his own initiative. In this article, we propose to consider a sample resignation letter general director OOO.

Dismissal of the director at will- the procedure is not easy

Convening a general meeting and notifying participants about the dismissal of the general director

The method for dismissing a CEO is somewhat different from standard procedure . If the agreement with this worker is terminated, it is necessary to hold a meeting where all persons included in the founding council will take part. In order to convene a general meeting, company employees should prepare written notices that are sent via email or regular mail. The procedure for convening a general meeting is prescribed in the organization's charter. This means that members of the founding council have the right to independently choose methods of sending notification.

The content of the notification contains important information about the event itself. IN this section The date and location of the event should be indicated. Next, you should indicate the exact start time of the meeting and briefly describe the main issues that will be considered on the agenda. During such events, LLC participants decide not only to dismiss the current director, but also appoint a temporary deputy.

The appointment of a new manager during this event can significantly simplify the procedure under consideration.

During each meeting of LLC owners, appropriate minutes are kept. This document records decisions made during discussions of important issues. Based on the results of the meeting, the decision to terminate the contract with the worker is recorded in the minutes. It should be emphasized that members of the founding council cannot refuse the general director’s request. This is explained by the prohibition on coercion labor activity. It should also be noted that some community members may inadvertently or intentionally miss a board meeting. The absence of one or more founders is the reason for postponing the meeting. In such a situation, the head of the company can file a claim with a judicial authority in order to protect his rights.

Rules for dismissal of the general director of an LLC

The current Labor Code allows each worker to apply for dismissal, where the employee’s personal initiative is indicated as the basis for closing the contract. As a rule, this application is formed in free form. However, some positions require separate paperwork that differs from the standard process. This is explained by the fact that the head of the organization is entrusted with high responsibility.

Director - the main executive body of the company

Application Form

The General Director who wishes to leave his post is required to fill out a corresponding application. This application is written to the owner of the company or a representative of the board of founders. An application received from an employee is the basis for holding a corresponding meeting. As mentioned above, during this meeting the founders decide to dismiss the worker. The minutes of this event are used as a documentary basis for preparing an order to terminate the contract with the worker. It should be emphasized that a leadership position presupposes a certain level financial liability. This means that before “parting ways” with an employee, the company’s owners should conduct a global inventory.

Receiving notification from the CEO

The notice of the general director's desire to leave his post must contain not only this request, but also information about the procedure for gathering members of the founding council. This document provides information about the date and time of this event. Such an application is submitted to the employer thirty days before the date specified in the application. After this period expires, the general director has legal right don't go to work. The dismissal of the general director at his own request is described in detail in article eightie Labor legislation.

The procedure for agreement with the founders

The main issue on the agenda of the meeting of founders is the procedure for dismissing a worker holding a leadership position. The founders of the company may refuse to satisfy the employee’s wishes. During negotiations, issues related to the term of termination of the employment contract are discussed. Coordination of this issue is necessary in order to find a new employee who will take the place of the head of the enterprise.

Drawing up an order

An order for the dismissal of the company's management is prepared by the sole owner of the organization or a representative of the founding council. The basis for issuing such an order is the decision of the owners of the company. The document itself must include the following information:

Name of the enterprise.
Requisites.
Information about the person being dismissed and the reason for dismissal.
Contract expiration date.

When preparing such an order, the “T-8” form is used. Additional changes can be made to this form to suit the needs of the organization.

Making an entry in the work book

Filling procedure personnel documents no different from the standard process. Z The HR department is in charge of filling out the work book. This document indicates the reason for termination of the contract along with a reference to the seventy-seventh article of the Labor Code. The reason for dismissal is the decision of the owner. The only difference in this process is filling out the fourth column of the work book. As a rule, this section indicates the serial number of the dismissal order. However, in the case of the general director, this column indicates the number of the minutes of the meeting.

To avoid questions from outside labor inspection, it is necessary to fully comply with the procedure for terminating a contract with the director of the organization

Payments due

The director, like other employees, is obliged to receive all payments due to him upon dismissal. Employees of the accounting department need to calculate the amount of compensation for unused days off (vacation) and wages. In addition, additional payments fixed in the contract are calculated.

Next, the former head of the organization must transfer all current documents to the new employee. It is important to note that in current laws there is no regulation regulating this process. If at the time of dismissal of the director, the owners of the company have not elected a new official, then all current documents are transferred to the staff archive.

Is it necessary to notify the tax authorities?

Having considered the procedure for dismissing a director at his own request, it is necessary to discuss the need to notify control authorities. The Unified State Register contains all information about organizations operating on the territory of the Russian Federation. This directory provides information both about the activities of the company itself and about the person holding the position of manager. The presence of this information in the Unified State Register of Legal Entities explains the need to make new entries in this register. The responsibility for making amendments to the Unified State Register of Legal Entities rests with the new management. An application must be submitted to the tax authority within three days from the date of appointment to the post.

To make new entries in the register, you will need to prepare a package of documents. First of all, you will need to prepare the minutes of the meeting of the company’s owners, where the decision was made to dismiss the former management. Next important document is an application filled out in form “P140001”. This application, containing information about the change of management, must be certified by a notary. The passport of the employee appointed to the position of manager must be attached to the above documents.

The need to notify the tax inspectorate about the absence of the general director arises only when the company's participants cannot find a new employee for this post. In this case, the application for correction of entries in the Unified State Register of Legal Entities is submitted only after approval of the new management. It is very important for the dismissed employee to verify that adjustments have been made. If there are no new entries, former director The company has the right to sue the founders of the company. The need for such actions is explained by possible difficulties with further employment. The director of the company is the financially responsible person and is responsible for all decisions made during economic activity. You can relieve yourself of these obligations only by excluding entries from the internal documentation of the tax authority.

Unlike other employees, the director of the organization writes a statement a month before the expected date of leaving the organization

Features of dismissal due to retirement

Dismissal of a manager at his own request upon reaching retirement age is a standard procedure. In this case, when submitting an application, the employee may refer to Article 80 of the Labor Law, which gives the right to refuse compulsory service.

The current provisions of the law state that the head of the company has the legal right to terminate the contract before its expiration, having previously notified the owner of the company or a representative of the board of founders. This notice must be sent thirty days before the date specified in the content of the application. However, the eightieth article of the Labor Code states that if there are circumstances that prevent the further fulfillment of labor obligations, the head of the company can leave his post at any time.

However, the laws regulating the activities of limited liability companies do not provide for such amendments. This nuance often becomes the cause of litigation, since the owners of the company claim a violation of the procedure for carrying out the procedure in question. The procedure for resolving this issue depends on the nature of the relationship between the members of the founding council and the head of the company. Many people manage to resolve this issue in a timely manner. judicial procedure. As a rule, in this case, a deputy selected by the resigning employee is temporarily appointed to the post of general director.

In addition, there are several additional options that allow you to either partially or completely avoid mandatory work. The retiring general director can issue sick leave or take a vacation. The procedure for calculating payments due to an employee is completely identical to the standard process.

How can a CEO resign if he is the only founder?

Registration of dismissal of the director of an LLC at his own request is a fairly simple procedure. However, even in this process there are a number of nuances. The situation in which the dismissed employee is the sole owner of the company deserves special attention. In this case, it is enough for the employee to prepare the corresponding order after signing of this act, the owner of the company needs to contact the Federal Tax Service with an application to make changes to the state register. The deadline for filing this application is three working days from the date of issue of the order.

The main feature of the process under consideration is that in the absence of a manager, the company cannot continue its activities. This circumstance is explained by the absence of an official who has the right to make decisions related to the activities of the company. It is advisable to use this method of dismissal only if the owner of the company has already selected an employee who will occupy a leadership position. In this case, an application is submitted to the tax service to change the entries in state register.

The General Director can be dismissed only in the event of the occurrence of circumstances described in the Labor Code of the Russian Federation

Responsibility of the CEO after dismissal

A dismissed employee who previously held the position of CEO continues to be responsible for decisions made during his employment. In addition to financial liability for damage to the company itself or third parties, the general director is responsible for his actions in accordance with the Administrative and Criminal Code.

The current provisions of the law allow members of the company to demand that a dismissed employee compensate for the material damage caused. The founders of the company can hold the employee accountable for decisions that led to loss of profit. Such issues can be resolved either peacefully or with the help of a judicial authority. It is important to note that after three years have passed from the date of dismissal, the company management cannot hold the dismissed employee financially liable. The “statute of limitations” applies not only to such issues, but also to offenses specified in the Criminal and Administrative Code. The current legal provisions establish the following rules:

Statute of limitations for administrative offenses– varies from two to twelve months from the moment of a single violation of the law.
The statute of limitations for minor criminal offenses is twenty four months.
Statute of limitations for medium-degree criminal offenses- six years.
Statute of limitations for serious criminal offenses- ten years.
Statute of limitations for especially serious criminal offenses- Fifteen years.

A separate exception is the situation related to the liability of the general director for debt obligations in the event of financial losses of the company. An employee cannot answer financial obligations limited liability companies. The liability of company participants is limited to the amount of contribution to charter capital. However, if the court decides that the company’s financial difficulties are to blame employee, the former CEO will have to answer in the prescribed manner. But if the employee can prove that he is not at fault, then subsidiary liability will be assigned to the founders of the company.

Any voluntary dismissal begins with a statement: the general director also needs to write a statement if he plans to terminate his employment relationship early.
The document includes several mandatory items.

1. To whom

Addressee - the one with whom it is concluded employment contract. Depending on who the employer is, the rule changes in whose name to write a letter of resignation to the general director. If the labor agreement was signed by the owner of the company, you should contact him. If the organization hired the manager (for example, Management Company) - directly to the company.

2. Heading

Everything is simple here: indicate the name of the document - “Application”.

3. Text

In the text, the manager notifies his employer that he intends to terminate the employment relationship. Whether or not to set an expected date of dismissal is decided individually by the person, taking into account that the notice period is one month and begins to be calculated, like for ordinary employees, from the next day after the addressee receives the application.

4. Signature

A signature is placed under the text of the notification, the surname, initials and date of writing are indicated. No other information is provided here.

Sample letter of resignation from the CEO to the founder

The application is either sent by mail or handed to the addressee. Then the dismissal of the LLC director at his own request is documented, which consists of the following sequence of actions:

determines whether transfer of cases is necessary;
if necessary, an audit is carried out;
unused vacation days and compensation for them are calculated;
calculated wage in proportion to the time worked;
it is determined whether the resigning person is entitled to any benefits and compensation;
final payment is made;
documents are issued.

The decision is made independently if the director is the sole founder of the company. Or it is discussed at a meeting of the organization’s owners.

Nuances

If the director is the only founder

In this case, the decision to resign the powers of the manager is made by him independently. The question to whom the director of an LLC writes a letter of resignation is not relevant. If there is only one participant, and he is also the general director, then, as a manager, this person issues a document on the termination of his activities, which he himself signs.

If the director is one of the founders

In this case, the employer is the general meeting of participants - the owners of the organization. Each participant is notified in advance of an extraordinary general meeting, at which the issue of termination of the manager’s work will be discussed. Termination of work is not necessarily dismissal. Sometimes a person gets tired of responsibility and turns to his colleagues with a request to remove his authority and transfer him to another job. As an example, you can refer to the sample application for the removal of the powers of a director:

If we are talking about dismissal, then the participants in the general meeting of the LLC do not have the right to refuse the general director to terminate the working relationship. The chairman, acting on behalf of the entire society, based on the decision of the meeting, puts a resolution “No objections” on the application. Based on the results of the meeting, a protocol is drawn up, which indicates the last day of work of the previous manager and the name of the person who is elected to his position. At the same time, the date for the new manager to take office is determined. Based on the protocol, a dismissal order is issued and an entry is made in work book.

If the director is an employee

In this case, the manager applies for dismissal:

to the owner of the organization;
or to the chairman of the meeting of founders, if there are many owners;
or to a specific person who signed the employment contract;
or to the organization on whose behalf the employment relationship was concluded.

An important point: if the top manager is an employee, the owner of the organization deals with the issues of hiring him and terminating the working relationship with him. For this reason, the general director does not have the right to independently issue an order to terminate the employment contract.

The manager notifies the owner of the company about his decision to leave his position by means of a written statement at least one month before the last day of work in the company ( Art. 280 Labor Code of the Russian Federation).

In this situation, the law allows you to terminate the employment contract before the expiration of the notice period for dismissal (Part 2 Art. 80 Labor Code of the Russian Federation), as with an ordinary employee.

The general director of a limited liability company acts as its sole executive body (Clause 1, Article 40 of the Federal Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ).

The functions of the employer in relation to the general director of the LLC are assigned to the general meeting of participants (subclause 4, clause 2, article 33 of Law No. 14-FZ). Therefore, the application for the dismissal of the director is written to:

the only participant OOO;
chairman of the general meeting of participants.

Termination decision labor relations with the general director of the legal entity is accepted at an extraordinary meeting of LLC participants, which the resigning director himself is authorized to initiate (clauses 1–2 of Article 35 of Law No. 14-FZ).

Important! Unlike other employees, the head of a legal entity must notify the employer in writing of his intention to resign at least 1 month in advance (Article 280 Labor Code RF dated December 30, 2001 No. 197-FZ).

However, properly sent notice may not always be delivered or received by the addressee. It is recommended to resolve this situation by going to court.

The procedure for voluntarily dismissal of a CEO

The standard procedure is as follows:

Notification to LLC participants:
- Notifications of an extraordinary meeting are sent by sending registered letters to LLC participants with a list of attachments and notifications of delivery (Clause 1, Article 36 of Law No. 14-FZ). The charter of a legal entity may also regulate another method of notification, but this seems to be one of the most reliable and simplest.
- The notice must indicate the date, time and address of the meeting, the agenda (in this case, the dismissal of the general director of the organization, but at the same time the issue of appointing a new manager may also be included). Copies of the general director’s statement of resignation at his own request should also be attached to the notice.
- The aforementioned letters must be sent to the addresses of all LLC participants. They are taken from an extract from the Unified State Register of Legal Entities or the register of LLC participants. If the addresses in the named sources do not match, it is necessary to send notifications to each of them.
Holding a meeting of LLC participants. Based on its results, a decision is made to dismiss the general director, which is entered into the minutes.
Issuance of an order for the dismissal of the general director of the LLC based on the minutes of the general meeting.
Making settlements with a dismissed employee, making an entry in his work book.
Notification of the Federal Tax Service about the dismissal of the director.

If LLC participants ignore the director’s resignation letter

Taking into account what is enshrined in Art. 37 of the Constitution of the Russian Federation prohibiting forced labor, participants in the general meeting of an LLC do not have the right to refuse the general director to accept his application for dismissal and subsequent termination of employment relations.

Important! In this case, an extraordinary meeting is not held to agree on the possibility of dismissing the general director at his own request, but in order to comply with what is provided for in Art. 280 Labor Code of the Russian Federation and sub. 4 p. 2 tbsp. 33 of Law No. 14-FZ dismissal regulations.

The most common expression of dishonesty on the part of the employer is the ignorance of all LLC participants or one of them to participate in an extraordinary general meeting, which can also be expressed in a reluctance to receive the appropriate ordered letter from the general director of the LLC with his resignation letter.

Note! The courts indicate that, according to Art. 80 of the Labor Code of the Russian Federation, after the notice period for dismissal has expired, the employee is entitled to stop fulfilling his labor functions regardless of whether the employer complies with the regulations for terminating the employment contract or not.

Notification of tax and extra-budgetary funds about the dismissal of a director

Notification territorial body The Federal Tax Service at the location of the legal entity on changes in information about a person authorized to act without a power of attorney on behalf of the organization is made within 3 days from the date of such changes (subparagraph “l”, paragraph 1, paragraph 5, article 5 of the Federal Law “On state registration legal entities and individual entrepreneurs" dated 08.08.2001 No. 129-FZ) by filling out and sending form R14001, approved by order of the Federal Tax Service of Russia dated 25.01.2012 No. ММВ-7-6/25@.

Note! The legislation does not establish that the termination of the powers of the executive body of an LLC and their assignment to a new person must occur simultaneously. So, until a new general director of the LLC has been appointed, a message about the termination of the powers of a particular individual must be sent to the tax office (see sheet K of Appendix 6 to Order No. ММВ-7-6/25@).

Based on practice, tax authorities are extremely rarely ready to accept an application from a resigned head of an organization to exclude him from the Unified State Register of Legal Entities as a person entitled to act on behalf of the organization without a power of attorney. The refusal of the Federal Tax Service to register changes is usually explained by the fact that the specified form P14001 cannot be signed former leader, because in fact his powers have been terminated, although information about him is still contained in the Unified State Register of Legal Entities (see the decision of the Supreme Arbitration Court of the Russian Federation “On recognition as inactive...” dated May 29, 2006 No. 2817/06).

The obligation to notify extra-budgetary funds, Rosstat and other government agencies in the manner of interdepartmental interaction is assigned to the Federal Tax Service.

Sample letter of resignation of the general director

In its structure, the resignation letter on behalf of the general director is absolutely identical to the statements that all other employees write in similar cases.

The application for dismissal of the general director assumes the following content:

addressee: the body of the legal entity that entered into an employment contract with the director (this could be the founder, the general meeting of participants, etc.);
position, surname, name, patronymic of the applicant;
a request for the applicant’s dismissal from his position, indicating a specific date of dismissal;
date of application;
signature of the applicant with transcript.

Date of dismissal of the director. Actions that must be taken before it occurs.

The CEO's last day of work may be:

The date indicated by the director in the application, with which the participants/participant of the LLC agreed;
The date on which 1 month expires from the date of the CEO’s notice of his dismissal. This date can be used, in particular, in the case where the director did not indicate the date of dismissal in the application. The starting point is the day following the day the employer is notified of the upcoming dismissal.
Another date determined by agreement of the parties.

Note! If the participants/sole participant of the LLC decide to dismiss the director before the date specified in the application without the consent of the director, despite the fact that there are no guilty actions on the part of the latter, the basis for dismissal will be the decision of the owner. In accordance with Art. 278 of the Labor Code of the Russian Federation, in this case the director is paid compensation.

The retiring director must:

report on accountables cash(in the presence of);
transfer keys, seals, documents to the new director (founders) according to the acceptance certificate.

Sample order for the dismissal of the general director

An order for the dismissal of any employee is signed by the head of the employing legal entity. The same applies to the order to dismiss the general director of an LLC. Despite the fact that in this case the dismissed employee and the sole executive body are the same person, the general director himself signs the order for his own dismissal (see letter of Rostrud dated March 11, 2009 No. 1143-TZ).

In a situation where the general director, due to certain circumstances, cannot independently sign an order (for example, due to temporary disability, etc.), a person authorized to sign orders can do this for him. The manager can transfer such powers by issuing a local act or issuing a power of attorney.

Note! Usually, to issue an order for the dismissal of the general director, they use the unified form T-8, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. However, from October 1, 2013, this form became optional (see information from the Ministry of Finance of Russia “On the entry into force...” No. PZ- 10/2012). So the order can be issued in any form.

The order for the dismissal of the General Director (using a unified form) can be downloaded below:

Making an entry in the work book

An entry about dismissal is made in the work book, as a rule, by an authorized person (HR inspector). In the absence of one, the director can make the recording independently. In any case, it is necessary to comply with the requirements of the instructions for filling out work books, approved. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

The entry should look like this:

Information about hiring and dismissal

On what basis was the entry made?

The serial number of the entry is entered

The date of dismissal is specified Arabic numerals in format dd.mm.yyyy

The following entry is made: “The employment contract was terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.”

Name of the document (order), its number and date of preparation

Note! Abbreviations when making entries are not allowed.

The dismissal record is certified by the signature of an authorized person and the seal of the organization (if any).

Dismissal of the general director by decision of the founder

The founder has the right to terminate the employment relationship with the head of the legal entity by his decision. Possible grounds are set out in Art. 81, 83, 278 Labor Code of the Russian Federation.

The issue of dismissal of the general director is submitted to the general meeting of the founders (participants) of the LLC (subclause 4, clause 2, article 33 of Law No. 14-FZ).

Upon dismissal of the general director on the grounds of clause 2 of Art. 278 of the Labor Code of the Russian Federation, if no guilty actions have been identified on his part, he is paid compensation in the amount of at least 3 times the average monthly earnings (Article 279 of the Labor Code of the Russian Federation).

Important! The dismissed employee has the right to appeal the reasons in court own dismissal, presented by the founder, because the rather abstract formulation of the norm of clause 2 of Art. 278 of the Labor Code of the Russian Federation, however, does not mean that the employer is not limited in any way in resolving the issue of dismissing the general director of the organization and resolves the problem at his own arbitrary discretion (see the definition of the Supreme Court of the Russian Federation dated November 1, 2007 No. 56-B07-15).

At the same time, the dismissal of an employee under clause 2 of Art. 278 of the Labor Code of the Russian Federation without specifying the reasons is recognized as fundamentally permissible. In this case, dismissal does not act as a measure of legal liability and is accompanied by mandatory payment of compensation (see the ruling of the Constitutional Court of the Russian Federation dated July 14, 2011 No. 1015-О-О).

Terminate the employment relationship with the general director on the grounds of paragraphs. 7–7.1 Art. 81 of the Labor Code of the Russian Federation is possible only in the cases listed in these standards. The Plenum of the Armed Forces of the Russian Federation in its resolution dated March 17, 2004 No. 2 explains that the persons specified in paragraph 7 of Art. 81 of the Labor Code of the Russian Federation, can be dismissed on this basis, including if it is established that they committed theft, received a bribe or other unlawful actions of a mercenary nature, even if they were not related to their work (clause 45 of Resolution No. 2).

Thus, the dismissal of the general director at his own request requires him to notify his employer at least 1 month before the date of dismissal. The functions of the employer in relation to the general director of the LLC are assigned to the sole participant or the general meeting of participants of the LLC. The general director has the right to sign his own dismissal order.

Application for resignation at the own request of the director of an LLC: how to write correctly and how much time in advance

The management of the enterprise is carried out by its manager, who works for the business entity, like its other employee, under an employment contract. The law determines that the director can also initiate termination of the employment relationship. Therefore, it is important for the manager to know how to draw up a letter of resignation from the director of an LLC at his own request.

Since the director legal entity broad powers to represent the interests of the company and significant responsibility, then the process of dismissal at will differs from termination of the contract with an ordinary employee of the company.

The main difference is that the manager must submit an application at least one month before his departure. This is due to the fact that a wide range of people need to be notified of their dismissal, including government bodies, for example, the tax office where the company was registered.

The written statement must be reproduced in as many copies as the company has owners. They must be sent via letters or couriers to their postal addresses. It is important that all participants are notified of the general meeting no later than 30 days before it takes place.

On the other hand, the owners need time to choose a new director for their company, so that he can solely represent the company, and to whom the old director must transfer existing affairs, explain the current situation, etc.

The owners cannot directly manage the activities of their company, and therefore, without the appointment of a new director and the dismissal of the old one, a period of “powerlessness” will begin in the company. It is important to remember that the thirty-day warning period also applies in a situation where a fixed-term employment contract has been concluded with the manager.

According to the Labor Code, a manager can be hired on a probationary basis. If he decides to abort contract of employment during the period of its passage, then the standard provisions of the Labor Code apply to it. This means that in this situation he must give notice of dismissal three days before the required date.

The director may resign in more short time, it all depends on the owners and their ability to approve a new manager. But for this he must have their consent. Exists arbitrage practice, according to which early dismissal director was considered illegal if his application was not marked with a new date for termination of the contract with him.

To whose name should the application be sent?

Due to the fact that the contract with the director is concluded by the owner of the company (owners), the dismissal of the director at his own request stipulates that an application with such a request must be sent to the owners of the organization.

Consideration of this document, if the company has several owners, should take place at a general meeting. The statement is usually drawn up in this case addressed to the chairman of the meeting, but it is also possible to simply address it to the members of the meeting in general.

Therefore, the resigning manager must send the founders a notice of this event with exact date both time and to the invitation to attach duly certified copies of your application.

Whether the application is accepted or not will be decided at the meeting. But in fact, this is only a nominal event, since no one can force the director to continue working, and after a month he can resign. Managers must accept the proposal by issuing an appropriate protocol.

The dismissal of the general director at his own request in a company with one owner involves filing a document in the name of the sole founder. He must consider it and make an appropriate decision on it, which must be drawn up in the form of a document with the same name.

It is enough for the founder to issue a decision in which he informs about the revocation of his powers. When the company intends to carry out activities in the future, in the same decision it is necessary to designate the person who will assume these powers.

Download a sample letter of resignation from the director of an LLC

How to correctly write a letter of resignation to a director

The main difference between such an application and a document submitted by a simple employee is its addressee. To whom exactly the application should be addressed can be found in the agreement on admission as a director.

The resignation letter, as in the simple case, is drawn up from the top right sheet.

There you need to write to whom this document is:

If the company has a single owner, then “Founder” is indicated in the header, then the name of the company is written, after which the full name. owner.
In the case where there are several owners, the meeting can be addressed simply: “General Meeting of Owners”, then the name of the company is written down.
If the meeting has a chairman, then the application must be addressed to him: “Chairman of the general meeting of owners,” and then write the name of the company.

Then in the middle part of the page the name of the form is indicated - “Application”.

Then the letter “I” is placed, and you need to write your full name, separated by a comma, followed by a respectful request to be released from your position at your own request.

This request can be expressed in various ways. For example, the wording “I ask you to terminate the employment contract early at your own request” is acceptable.

At the end of the phrase you need to insert the date of dismissal. According to the law, it must occur no earlier than a month from the date of writing the application.

After this, you need to step back a little, and put the date of compilation and sign.

Application for dismissal of the director of an LLC in 2020

The director is an employee with a special status. So, in an LLC, such a position is appointed and dismissed by decision of the general meeting of founders (subclause 4, clause 2, article 33, clause 1, article 40 of Law No. 14-FZ of 02/08/98). This procedure for dismissing a director raises many questions when he wants to leave his position. Questions arise: who should apply? What if, after the warning period has passed, there is no replacement? etc.

The director of the institution manages the team and, like any employee, enters into an employment contract with the founders. The law stipulates that the director has the right to initiate the termination of the employment contract. Therefore, it is important for him to understand how and to whom to apply for resignation according to his will.

Files for download:

How long does it take to write a resignation letter for a director?

Considering that the director of an institution has extensive powers and great responsibility, the procedure for dismissal on personal initiative differs from a similar action performed by an ordinary employee of the company. The main difference is that the director must submit a resignation letter no later than 30 days before the planned date of departure. This period was established by the Labor Code of the Russian Federation because it is necessary to provide warning of a future event to a wide range of persons, including government agencies, for example, the tax office, where the institution was registered.

The application for resignation must be reproduced in a number of copies equal to the number of founders of the company. Letters must be sent to all addresses, or via mailing, or using couriers. An important point is that all founders are notified of the meeting no later than 30 days before its convening.

Note. Considering that the countdown of the notice of resignation will be counted from the date of receipt of the notice of resignation, the director is required to send notices in advance, adjusting for the time it will take for the letters to be in transit.

The owners of the company cannot directly manage the institution, therefore, without a new director and in the absence of the old one, “anarchy” may occur in the company, which is fraught with unpleasant consequences. At the same time, it is important to know that the one-month notice period also applies if a fixed-term employment contract has been concluded with the director.

If the director is appointed with probationary period, then warning about leaving during this period is carried out in accordance with general provisions, approved by the Labor Code of the Russian Federation. This means that in such circumstances, the manager gives notice of resignation 3 days before the date of departure.

The director can leave the company in a shorter time if the founders quickly select a new director. Such a decision depends on the will of the owners of the company, and their consent is required for its adoption.

Note. According to Rostrud’s explanations, the reduction in terms of resignation also applies to managers. Thus, the head of an institution may not work in situations where he resigns upon entering a university, upon retirement (if this reason is indicated for the first time), and for other reasons reflected in regulations.

How to correctly write a resignation letter from a director in 2020

The main difference between such a statement and a request made by an ordinary subordinate is the definition of the addressee. To determine in whose name the director needs to draw up such a petition, you need to look at the employment contract and read who signed it on the employer’s part.

Otherwise, such a document does not differ from a standard application, the preparation of which must begin by filling out the “header”.

The header is placed in the upper right corner of a blank A4 sheet, in which you need to display the following:

Fill in the details of the founder with the name of the company.

If the company has one founder, then fill in his details with the word displayed "Founder", and then fill in the company name, full name. owner.
If there are many founders, the petition must be addressed to the meeting of owners: "To the General Meeting of Founders...", then you need to display the company name.
If the meeting of institutions has elected a chairman, then the petition must be addressed to him: “To the Chairman of the meeting of founders...”, followed by filling in the company name and full name. chairman.

In whose name is the letter of resignation of the general director written?

Due to the fact that the employment agreement with the director is concluded by the owner of the company or with several owners, the application for his resignation on personal initiative must be submitted to the owners of the institution.

If the institution is owned by many founders, then the director’s petition must be considered at a meeting of co-owners. In this embodiment, the addressee is the meeting or its chairman. Therefore, a director who decides to leave the position is required to send a notice of resignation indicating the date of departure.

The meeting of co-owners will decide whether to accept the request for consideration or not. But, in reality, it is impossible to detain the manager, since after a month he has the right to resign from his obligations. Acceptance of the director's request is carried out by drawing up a protocol.

The process of dismissing a manager on personal initiative is much simpler when the company has one founder. In this option, the resignation letter is written to the owner. He also endorses the document and makes an appropriate decision, which is formalized by concluding an agreement to terminate the employment contract.

The director can only transfer the affairs to the newly appointed head of the case and issue an order for his resignation and transfer of affairs.

Who signs the letter of resignation of the CEO?

The director of the institution, despite his special powers to manage the company, is the executor of the founder’s decisions and conduct economic policy appointed by the owner of the enterprise.

At the same time, Law No. 14-FZ of 02/08/1998 “On LLC” provides that the right to sign on all documents related to the economic activities of the entrusted company is granted to the manager.

Based on this, we can conclude that the head of the company himself has the right to sign the order for the director’s resignation. But he has no right to appoint another director in his place. This prerogative is granted to the founder or meeting of co-owners of the enterprise.

At the same time, the chairman of the meeting of co-owners can also sign an order to dismiss a director if the minutes record a decision to relieve the director of his powers.

In addition, termination of an employment contract can be formalized by a decision of the founder/founders without an order, but by drawing up an additional agreement and signed by the owner or chairman of the meeting.

A record of voluntary dismissal is entered in the director’s work book, and in the column "Grounds for deduction" The minutes or decision of the meeting are recorded, displaying its number and date of compilation.

Compensation upon dismissal of the CEO

Many people believe that the head of a company is hired according to different rules than ordinary citizens. This opinion is wrong. Of course, there are some peculiarities when a director resigns, but the dismissal process is not much different from general rules, reflected in the Labor Code of the Russian Federation. A director, like any hired employee, can be dismissed by personal will or on the initiative of the founders, and he, like any ordinary employee, must also receive compensation payments.

The conditions for fulfilling the obligations of any employee reflected in the employment contract should not be worse than those regulated by law.

The employment contract must reflect provisions and obligations that comply with the legislative norms of the Labor Code of the Russian Federation. It must specify the position, salary, types of additional payments and allowances, as well as the rules for terminating the agreement.

All provisions reflected in the Labor Code of the Russian Federation have priority over the provisions established by internal departmental documents. Therefore, if the employment contract does not contain a clause on accrual compensation payments the outgoing director will still have to pay it.

When a director is dismissed from office, an act of acceptance and transfer of affairs is drawn up between him and the founder of the company, which must display:

Important circumstances affecting the functioning of the company.
The current state of affairs at the enterprise.
Material artifacts handed over by the director upon retirement.
Mark of transfer: – certificates of ownership, primary accounting documents, licenses, constituent documents and company registration certificates.
List of current contracts signed during the period of management of the company by the director.
List of powers of attorney issued by the company to represent the interests of the company.

On the final day of managing the company, the manager must either sign the order himself, or get acquainted with it, if it was issued by the founder, and receive due payments and necessary documents.

Payments due to the director upon his resignation:

Salary for the final days of managing the company.
Compensation payments for lost vacation days.
When dismissing a director on the initiative of the co-owners of the company, it is necessary to be guided by Art. 278 of the Labor Code of the Russian Federation, which states that the amount of compensation payments cannot be lower than 3 average monthly incomes (Resolution of the Supreme Court and Plenum dated No. 21 06/02/15).

The director must notify the highest management structure of his intention to leave the enterprise, in this case:

Co-owners of the company (Articles 20, 39, 80, 280 of the Labor Code of the Russian Federation; Clause 1, Article 53 of the Civil Code of the Russian Federation; Clause 4, Article 32 of Law No. 14-FZ).
General meeting of founders. To promptly resolve this issue, the director is obliged to organize an extraordinary meeting of the founders (clauses 1, 2, article 35 of Law No. 14-FZ).
The owner of the company, if he is the sole founder.

When convening a meeting of co-owners, the director must notify the founders of the date of the meeting and its agenda (in this case, dismissal on personal initiative). All this must be done in such a way that such notice is delivered to the addressees 30 days before the date of his resignation (Clause 1, Article 36 of Law No. 14-FZ).

If the owner of the company is one founder, then everything is simpler. The director submits his resignation letter to him and works for 1 month. After this, he has every right to resign and not go to work. Therefore, his last day of service will be the date shown on his resignation notice. The same date will be the day of dismissal.

At the same time, Art. 80 of the Labor Code of the Russian Federation states that if an employee quits on his own due to the impossibility of further work, the employer is obliged to terminate the contract on the date shown in the request. Considering that Ch. 43 of the Labor Code of the Russian Federation does not provide for specifics in the rules for the dismissal of management personnel in such circumstances, Art. 80 of the Labor Code of the Russian Federation also applies to heads of institutions.

If the co-owners at the general meeting decide to dismiss the director without his consent earlier than he indicated in his petition, and there were no guilty violations on his part, then in this case he is entitled to receive compensation payments.

The application for resignation must be reproduced in a number of copies equal to the number of founders of the company. Letters must be sent to all addresses, either by post or by couriers. An important point is that all founders are notified of the meeting no later than 30 days before its convening.

Note. Considering that the countdown of the notice of resignation will be counted from the date of receipt of the notice of resignation, the director is required to send notices in advance, adjusting for the time it will take for the letters to be in transit.

At the same time, the founders urgently need to get together to decide on a new director of the enterprise, to transfer affairs and introduce him to the course of events.

If the director is appointed for a probationary period, then notice of resignation during this period is carried out in accordance with the general provisions approved by the Labor Code of the Russian Federation. This means that in such circumstances, the manager gives notice of resignation 3 days before the date of departure.

Note. According to Rostrud’s explanations, the reduction in terms of resignation also applies to managers. Thus, the head of an institution may not work in situations where he resigns upon entering a university, upon retirement (if this reason is indicated for the first time), and for other reasons reflected in regulations.

Otherwise, such a document does not differ from a standard application, the preparation of which must begin by filling out the “header”.

The header is placed in the upper right corner of a blank A4 sheet, in which you need to display the following:

Fill in the details of the founder with the name of the company.

If the company has one founder, then fill in his details with the word displayed "Founder", and then fill in the company name, full name. owner.
If there are many founders, the petition must be addressed to the meeting of owners: "To the General Meeting of Founders...", then you need to display the company name.
If the meeting of institutions has elected a chairman, then the petition must be addressed to him: “To the Chairman of the meeting of founders...”, followed by filling in the company name and full name. chairman.

The director can only transfer the affairs to the newly appointed head of the case and issue an order for his resignation and transfer of affairs.

The director of the institution, despite his special powers to manage the company, is the executor of the decisions of the founder and the implementation of economic policies assigned by the owner of the enterprise.

At the same time, Law No. 14-FZ of 02/08/1998 “On LLC” provides that the right to sign on all documents related to the economic activities of the entrusted company is granted to the manager.

Based on this, we can conclude that the head of the company himself has the right to sign. But he has no right to appoint another director in his place. This prerogative is granted to the founder or meeting of co-owners of the enterprise.

At the same time, the chairman of the meeting of co-owners can also sign an order to dismiss a director if the minutes record a decision to relieve the director of his powers.

An entry about is made in the director’s work book, and in the column "Grounds for deduction" The minutes or decision of the meeting are recorded, displaying its number and date of compilation.

The conditions for fulfilling the obligations of any employee reflected in the employment contract should not be worse than those regulated by law.

All provisions reflected in the Labor Code of the Russian Federation have priority over the provisions established by internal departmental documents. Therefore, if the employment contract does not contain a clause on accrual to the outgoing director, it will still have to be paid.

When a director is dismissed from office, an act of acceptance and transfer of affairs is drawn up between him and the founder of the company, which must display:

Important circumstances affecting the functioning of the company.
The current state of affairs at the enterprise.
Material artifacts handed over by the director upon retirement.
Transfer mark: – certificates of ownership, primary accounting documents, licenses, constituent documents and certificate of registration of the company.
List of current contracts signed during the period of management of the company by the director.
List of powers of attorney issued by the company to represent the interests of the company.

On the final day of managing the company, the manager must either sign the order himself or get acquainted with it, if it was issued by the founder, and receive the due payments and the necessary documents.

Payments due to the director upon his resignation:

Salary for the final days of managing the company.
Compensation payments for lost vacation days.
When dismissing a director on the initiative of the co-owners of the company, it is necessary to be guided by Art. 278 of the Labor Code of the Russian Federation, which states that the amount of compensation payments cannot be lower than 3 average monthly incomes (Resolution of the Supreme Court and Plenum dated No. 21 06/02/15).

Term

The director, like any employee, has the right to resign by notifying the founder(s) of his intention in writing at least 1 month before the date of resignation (Article 280 of the Labor Code of the Russian Federation). At the same time, this notice period applies to both fixed-term employment contracts (regardless of the time of their validity) and open-ended ones (Article 280 of the Labor Code of the Russian Federation; Explanation of Rostrud No. PG/1063-6-1 dated 03/06/2013).

The director must notify the highest management structure of his intention to leave the enterprise, in this case:

Co-owners of the company (Articles 20, 39, 80, 280 of the Labor Code of the Russian Federation; Clause 1, Article 53 of the Civil Code of the Russian Federation; Clause 4, Article 32 of Law No. 14-FZ).
General meeting of founders. To promptly resolve this issue, the director is obliged to organize an extraordinary meeting of the founders (clauses 1, 2, article 35 of Law No. 14-FZ).
The owner of the company, if he is the sole founder.