The dismissal of a director, whose position is elective or competitive, is possible in accordance with Article 279 of the Labor Code of the Russian Federation, but this article is suitable only if the dismissal is not related to the guilty and illegal actions of the manager. Also, the director can terminate the employment relationship of his own free will in the regulations of Article 280 of the Labor Code of the Russian Federation, in this case, an entry is made in the work book indicating article 77, clause 3 of the Labor Code of the Russian Federation. Dismissal must be formalized in accordance with the rules of the Labor Code of the Russian Federation.
It is necessary
- - meeting of members of directors or authorized members of the company
- - minutes of the meeting with the adoption of the decision, signed by all members of the meeting
- - an order of dismissal with an indication of the article on the basis of which the employment relationship was terminated
- -application (if the dismissal takes place of their own free will)
- -record of dismissal in the work book indicating the article on the basis of which the dismissal took place and the number of the dismissal order
Instructions
Step 1
The head of the enterprise can be dismissed even against his will on 7 points of the law, if his management caused significant damage to the enterprise, and he was found guilty of illegal actions.
Step 2
In all cases of dismissal of a director, a meeting of the board of directors of the company or of the elected composition of the authorized members of the given enterprise is held. On the agenda of the meeting, the issue of dismissal is considered and a written minutes of the meeting are kept. At the end of the consideration of the issue of dismissal, the decision of the board of directors or authorized persons is entered into the minutes, and the document is signed by all participants in the meeting.
Step 3
The authorized person draws up a dismissal order based on the minutes of the general meeting. The order indicates the reason for the termination of employment and the corresponding article.
Step 4
If the meeting decided to dismiss the director for committing guilty actions, you need to indicate the corresponding article in the order itself and in the work book. In accordance with article 81, paragraph 9 of the Labor Code of the Russian Federation, dismissal will take place for damage caused to the property of the enterprise, its loss or misuse in connection with the instructions of the head. Article 81 paragraph 10 of the Labor Code of the Russian Federation provides for dismissal for gross violations of duties and improper performance. Under Article 81 of the Labor Code of the Russian Federation, you can also be dismissed for other actions if they are indicated in the employment contract or in the internal legal acts of the enterprise. What other reasons will be decided by the board of directors or authorized members of the company. According to the regulations of Article 81, Clause 4 and Article 77, as well as on the basis of Federal Laws, the dismissal of a director is possible if he violated the laws of the Russian Federation. According to Article 278, Clause 1 of the Labor Code of the Russian Federation, dismiss the director. possibly due to unlawful decrees that led to the bankruptcy of the enterprise. In accordance with article 278, paragraph 2, the director can be dismissed by the owner of the company without giving a reason. Also, this right of the owner is specified in Article 69-ФЗ, 208-Ф3, 14-Ф3. If the company changes the owner, the new employer has the right to dismiss the director on the basis of Article 81, paragraphs 4 and 75. But in this case, the director is paid the average earnings for three months.
Step 5
If the director resigns of his own free will, he is obliged to give one month notice of his decision in writing.
Step 6
Regardless of the basis on which the employment relationship with the director was terminated, you must inform the tax office about the change in management no later than within three days.
