The dismissal of the general director of the company can be carried out at the initiative of the board of founders in connection with the violation of the terms of the employment contract by the head of the company or other illegal actions that are specified in the labor legislation, or at the own request of the first person of the organization.
It is necessary
- - director's documents;
- - documents of the enterprise;
- - seal of the organization;
- - Labor Code of the Russian Federation;
- - forms of the relevant documents.
Instructions
Step 1
If the director of the company decides to resign of his own free will, he must send his decision in the form of a letter addressed to the board of founders of the company. This document must be sent one month before the actual date of dismissal.
Step 2
If the founders of the enterprise agree with the decision of the head to resign, they should, within a month, convene a council of participants and write a protocol on the dismissal of the director of the company. This document must be signed by the chairman and secretary of the constituent assembly, as well as certified by the seal of the organization.
Step 3
If the founders do not agree with the director's decision and do not convene the council of founders, then after a month the head of the company must issue a dismissal order, assign it a date and number, and certify the company with the seal.
Step 4
If the initiator of the dismissal is the meeting of founders or the sole member of the company, then the council of founders decides to remove this employee from the position of the director and terminates the employment contract.
Step 5
The order must be drawn up by the chairman of the board of founders and must inform the dismissed director under his signature. Indicate the date and number of the document. Write down the reason for issuing the order and the subject of the document.
Step 6
In the director's work book, make a note of the dismissal. In the information about the work, make a reference to the protocol or the decision to remove the manager from the position. The basis of the entry is the order. Indicate its number and date. Certify the entry with the seal of the organization and the signature of the person responsible for accounting and maintaining work books. Present the director with the signature of the resignation.
Step 7
The dismissed director draws up an act of transferring affairs to the new director. The document prescribes a list of documents, including the seal of the enterprise, which were in the responsibility of the head of the organization. On the part of the transferor, the signature must be signed by the former director, on the part of the receiving person - by the new director.
Step 8
The dismissed manager should fill out an application in the p14001 form to remove the authority to act on behalf of a legal entity without a power of attorney and submit it with a package of documents to the tax service to amend the unified state register of legal entities.