Dismissal of the general director: order, entry in the work book

Who fires the CEO of an LLC?

The head of the organization acts as an executive body representing its interests and managing current activities. The decision to dismiss the general director is made by:

owner of assets - in an institution or unitary enterprise;
general meeting of founders, board of directors - in an LLC or JSC.

Based on the decision made and the minutes (drawn up at the meeting), the standard dismissal procedure is launched:

an order is issued;
entries are made in the employee’s personal card and work book;
calculations and issuance of working documentation are carried out;
Information about changes must be reported to regulatory authorities within 3 days after the appointment of a new director.

Termination of employment with the manager is possible both on the general basis regulated by Art.
77 of the Labor Code of the Russian Federation, and additional ones. The latter relate directly to the director. The grounds for dismissal of a director may include:

own desire (Article 280 of the Labor Code of the Russian Federation) - the manager declares his decision 1 month before leaving;
consent of the parties - an agreement is concluded on the terms of termination of the contract (for example, the amount of “compensation” is stipulated);
decision of the founders, according to clause 2 of Art. 278 Labor Code - in this case, owners have the right not to disclose the reason for termination of a fixed-term or open-ended contract ();
carrying out bankruptcy proceedings, appointing a bankruptcy manager to the place of director (clause 1 of article 278 of the Labor Code);
insufficient qualifications, mismatch of professional skills for the position;
incompetence, causing harm to the economic activity of the organization or the health of employees as a result of the actions or inaction of the manager;
violation of discipline (absenteeism, drunkenness at work, theft and damage to property, drawing up false documentation, and so on);
liquidation of an organization - the manager is notified of the closure at least 2 months in advance;
reluctance to transfer to work in another area when the organization moves;
change of owner of enterprise property;
completion of the employment contract period - the manager is notified of its completion at least 3 days in advance;
deterioration of the citizen’s health (medical indications), his refusal to transfer to another position with easier working conditions.

According to Art. 81 of the Labor Code of the Russian Federation, it is unacceptable to dismiss a director during vacation or while on sick leave.

It is also impossible to terminate the contract if the manager is a pregnant woman (Article 261 of the Labor Code of the Russian Federation). In these cases, dismissal is permitted only as a result of liquidation of the organization.

The general director of the company himself has the right to initiate the termination of the contract, who is obliged to notify the founders of his desire one month in advance (Article 280 of the Labor Code of the Russian Federation). The owners are sent a corresponding application (by registered mail with acknowledgment of receipt).
Next, the board of founders meets to discuss the issue of early removal of powers from the director and the appointment of a successor (is it possible to fire a director without appointing a new one?). As a result, a decision is made, a protocol is drawn up - this becomes the basis for dismissal.
Next, an order is issued, the corresponding entries are made in the personal card and work book of the manager.
After the working period (standard - 1 month, unless otherwise provided), a settlement is made with the director, he is given working documentation, information about the changes is transmitted to the regulatory authorities.

Even if the founders disagree with the dismissal of the director, they should not interfere with his decision. After notifying the owners of his resignation, the manager has the right to resign after serving the period specified by law.

Who signs the TC if the general director is the only founder?

If the manager is the sole founder, the dismissal procedure is simplified. According to Art.
273 of the Labor Code of the Russian Federation, special rules of the Labor Code on the dismissal of company managers do not apply to such an employee. That is, the director has the right to declare dismissal at any time and carry out the procedure. He forms an order and a decision, on the basis of which he relieves himself of authority. Before the date indicated in the documents, he must transfer the affairs to the new manager. In this case, standard work for a month is not required.

From Art. 273 of the Labor Code of the Russian Federation, we can conclude that the labor code does not oblige the director to make entries about hiring and dismissal in the work book. Since the director and founder are one person, drawing up an agreement is also not necessary.

However, personnel officers still recommend making entries, primarily to confirm the time and fact of the director’s work, during which insurance premiums were deducted for him.

Upon dismissal, the work book (LC) is drawn up in a standard manner on the basis of the dismissal order, the signature is affixed directly by the founding director.

Signature in the work book

Only the general director himself can certify by signature the record of his dismissal. He must do this before officially resigning his powers. The new leader who will replace him does not have the right to put such a signature.

The only exception may be the issuance of a special act, drawn up in any form, in which the right to enter data into the work book, including the dismissal record, is transferred to another official. But in any case, such an act must be signed by the current general director.

What to write in the appropriate column if a manager resigns?

When making an entry in the work book, you should adhere to the following rules:

the wording corresponds to that in the order;
there must be a reference to the normative act without abbreviations and acronyms;
It is permissible to use purple, blue or black ink;
the recording is made in Russian, but duplication in a foreign language is possible if an organization from another country is located in the Russian Federation;
corrections, erasures and cross-outs are not allowed - if an error is made, an edited entry is made under the next number.

When registering a job, data is entered in all columns of the “Work Information” section:

record number in order;
date in the format “dd.mm.yyyy” (Arabic numerals);
basic information about termination of employment relationships;
the document on the basis of which the entry is made.

The employer is responsible for the storage and correct execution of work books. If the document is filled out incorrectly by the founding director, responsibility rests with him.

The following persons have the right to sign the manager’s work book upon dismissal:

the person who certified the appointment order;
a personnel employee or citizen authorized to maintain documentation;
Chairman of the Board of Founders, guided by the decision made;
directly by the director (if there is no need for a meeting of the owners of the organization).

It is convenient when an authorized employee is involved in maintaining and preparing work books - usually the head of the personnel department.

When terminating an employment contract, the head of an organization should study information about what payments are due to the general director and what the responsibilities of directors are after dismissal.

Procedure for notifying LLC participants

A director who is one of the founders, who decides to resign on his own initiative, is not required to obtain the consent of the remaining participants of the company.

At the same time, to reduce the likelihood of problems arising, he must notify them of his desire. For this purpose, he sends them a corresponding notice or statement.

Notification documentation must be sent within the prescribed period. In the situation with an LLC, this is the month before dismissal. This period is intended for the founders to search for a new director and prepare the necessary documentation.

There is no unified form for preparing paper of this type. For this reason, the notification is compiled in free form.

The form should include the following information:

name of the enterprise, its organizational and legal form;
information about the recipient/beneficiary, initials - depending on the number of founders;
sender information;
name of paper;
main part. Includes text that states a desire to quit. A reference is made to the article of the normative act regulating the topic of voluntary dismissal. In this case it is;
expected date of the last working day in the company;
date of document execution;
Director's visa - initials and personal signature.

Notification can be sent in several ways. These are:

by sending to the legal address of the company;
by sending to the home address of each founder;
by sending to the actual address of the company’s location;
personally in hands.

When sending by mail, you must select the option of sending as registered mail with return receipt requested. This way, if necessary, it will be possible to confirm the timeliness of sending the document.

In the notice to the founders, the director of the LLC may also indicate a request for the transfer of material assets entrusted to him and the necessary documentation belonging to the company to another person. In a situation where there are several founders, one general notification can be issued to them. Such an action is not prohibited by law.

Paperwork

After the director of an LLC decides to resign at his own request from the position he holds, he issues notices to the founders. The technology for filling out documentation of this nature was indicated earlier. The next stage of termination of employment relations is the convening of a general meeting.

At this meeting, managers discuss all the nuances of this event. The main purpose of its purpose is not to make a decision on dismissal. Ideally, a decision is made on who will fill the vacant director’s position.

The other founders do not have the right to refuse one of the founders to terminate the employment contract, because forced labor is prohibited by labor legislation in force on the territory of the Russian Federation. At the meeting of the founders, a special protocol is drawn up, which indicates the fact that a decision was made to dismiss the manager at his own request.

In order to resign, the director of an LLC, who is also one of the founders of the company, must issue a notice to each of the remaining founders. The technology for compiling the document and its structure were described earlier. When sending a document, it is important to comply with the deadline allowed for this at the legislative level.

Next, the director needs to organize an extraordinary meeting of the founders. To do this, he can include information about the need for it to be carried out in a notification of the previously specified nature. The document reflects the date and place of the meeting.

Based on the results of the event, a protocol is drawn up, which describes the results of the meeting. If a new director is elected during the meeting, this moment is also reflected in the paper. It is important to pay attention to one fact. If during the work of the director of the company he had a deputy, after the dismissal of the director, the powers do not automatically pass to him.

Order

The next stage of dismissal of the founding director at his own request is the execution of an appropriate order.

To fill out the documentation, a unified form is used - T-8. The order contains the following information:

full name of the company;
serial number of the order, date of its preparation;
full name of the order;
initials and position of the specialist;
manager's personnel number;
information about the employment contract that needs to be terminated;
the reason for terminating the agreement – in this case, it is one’s own desire;
date of dismissal;
Stamp of the company;
date of entry into force of the document;
signatures of responsible persons.

After this, the necessary data on termination of the employment contract on one’s own initiative is entered into the director’s work book. Responsibility for the correctness of this action rests with the personnel department employees.

Legislative regulation

The work book must be filled out taking into account the requirements of the law. This will allow the owners to avoid unnecessary disputes with the former general director or the labor inspectorate, which may demand that the dismissal be declared invalid.

The rules for handling, maintaining and maintaining a work book are regulated by several legal acts. Thus, the Labor Code lays down the basic mechanisms for handling the book.

In Art. 66 of the Labor Code of the Russian Federation spells out the concept of a work book, the procedure for using the document , the responsibility for maintaining work books is assigned to the employee, who regulates the procedure for making entries, and allows adding information about part-time work at the discretion of the employee.

The requirements for correctly filling out work books are regulated in Part 5 of Art. 84.1 of the Labor Code and clause 14 of the Rules for maintaining work books, approved by Decree of the Government of the Russian Federation of 2003 No. 255. They indicate that entries in the work book should be made in accordance with the wording of the article, which is specified in the Labor Code.

The procedure and current regulations for filling out work books were approved by the Ministry of Labor in 2003 in the Instructions. When filling out the fourth column of the work book, you should pay attention to Letter of Rostrud of 2010 No. 2894-6-1.

General rules for filling out the work book of the general director

The work book of the general director must be prepared in the same way as for any other employee.

According to clause 35 of the Rules for maintaining work books, the entries made in them must be certified with the seal and signature of the responsible employee, as well as the seal of the employer. In this case, the responsible person is the CEO himself.

That is, no matter how paradoxical it may be, the general director himself signs the dismissal order and makes an entry in his work book if these powers are assigned to him in the company. But the company may appoint another employee who is responsible for personnel documentation (for example, the head of the personnel department or accounting department). Then it will be he who makes the entry in the work book.

The general director must pick up the work book on the last working day. This requirement is contained in Part 4 of Art. 84.1 of the Labor Code. Therefore, before leaving the company, he needs to sign in a special journal about its receipt and date it.

Any information that is entered into the work book must comply with the norms of the Labor Code of the Russian Federation and be confirmed by the appropriate order. In this case, the following rules must be taken into account:

When filling out a work book, pens with blue, black or purple ink are used. Other colors are not allowed.
Dates are entered in the work book in Arabic numerals. In this case, two signs are indicated in the day and month, and four in the year.
Abbreviations are not allowed.
Continuous numbering is established.
Filling out is allowed both in Russian and in the language of the Republic of the Russian Federation , in whose territory the employer is located.
Corrections or cross-outs are not allowed ; such an entry is considered invalid and a new one is made.
The third column must contain an indication of the reason for termination of the employment contract with reference to the Labor Code (a specific article).
The details of the dismissal order or other document are written in column 4. Therefore, they must be published before making an entry in the work book.

Recently, a seal has ceased to be a mandatory attribute for legal entities. Under the new rules, companies are not required to apply it. Moreover, if a company does not have a seal when dismissing employees, it may have difficulties.

Rostrud in letter No. 1168-6-1 of 2015 requires a stamp when recording a dismissal record in the work book without fail. If the specified order is not followed, the company may face a fine of up to 50 thousand rubles, and the general director may have difficulty obtaining a pension.

If the general director worked part-time, then the work book should be kept at his main place of work. Information about part-time work is not necessarily entered into the work book, but only at the request of the employee. If a note about acceptance for a position is in the document, then information about dismissal must also be entered on a general basis.

The manager is not prohibited from engaging in related and additional activities in the company on a part-time basis. But such an entry is not made in the work book.

Grounds for dismissal of the head of an organization

The CEO is vested with a wide range of powers in the company and performs management functions. His special status means that he can be dismissed both on grounds common to all employees and on special conditions. The grounds for terminating an employment contract with the general director may include:

The manager’s own desire (Article 280.77 of the Labor Code of the Russian Federation).
Expiration of the employment contract (if it is fixed-term) – Article 79. Labor Code of the Russian Federation.
Agreement of the parties (under Article 78 of the Labor Code of the Russian Federation).
Initiative of management/founders as a disciplinary measure (Article 81 of the Labor Code of the Russian Federation) due to repeated violation of labor discipline or gross violation, causing losses, change of owner, etc.
Additional grounds contained in the employment contract (clause 3 of article 278 of the Labor Code of the Russian Federation).
Change of business owners (Article 75 of the Labor Code of the Russian Federation).
Initiative of the owners of the organization (Article 278 of the Labor Code of the Russian Federation).
Completion of the bankruptcy procedure (according to 127-FZ “On Financial Insolvency”, clause 1 of Article 278 of the Labor Code of the Russian Federation).
Liquidation of an organization.

According to the clarifications of the plenum of the RF Armed Forces, issued in 2015 No. 21, termination of an employment contract with a manager should occur on a general basis in accordance with the provisions of Art. 43. Labor Code of the Russian Federation.

This rule applies regardless of the organizational and legal form and form of ownership of the company (state or private), the name of its governing body (general director, director, etc.).

The exceptions are the following special cases of termination of an employment contract:

If the director is also the sole founder of the company. In this case, the type of relationship that has arisen does not relate to labor relations, since both parties are missing: the employee and the employer.
If the company is managed on a contractual basis by another organization or entrepreneur (professional managers), cooperation with them is regulated not by the Labor Code, but by a concluded civil law agreement.

Let's give a few examples of how to correctly record a dismissal in the general director's work book for various reasons.

Basic rules for making an entry

In terms of the form of ownership: LLC, CJSC, etc., the director is elected by the general meeting . The presiding officer approves the protocol, which becomes a statement of the fact of the appointment. An employment contract must be drawn up according to general rules, in a generally accepted form. But instead of the employer, the party employing the director is the chairman of the meeting of founders

He also has the right to sign an order, which is based on the result of the decision of the founders, and the right to sign an order for the director to take office. As in other cases, the name of the organization in the work book must be entered in the entry. All entries are made

carefully;
legible handwriting;
no mistakes;
without blots;
in accordance with the instructions.

The indicated procedure is applicable to the position of a director when he acts as a general director, who may not be the only co-founder. The status of the director may differ from the status of the general director, in which case the conditions for making an entry will be different.

If you are the director of an organization where there are no clerks, accountants, etc., and you were promoted to the position through independent appointment, then you have the right to make an entry in the book, as well as sign all related documents yourself.

In addition, there is a procedure for making an entry in the Labor Code for directors of secondary schools, which is carried out through the personnel department of public education.

Directors of Houses of Culture, Children's Folk Art Centers, sports schools and similar institutions are accepted by regular order through the Department of Culture, Sports and Tourism. That is, heads of municipal institutions are hired for positions:

In the usual manner by a higher authority (department).
By election through competition.

Making entries in the work book

As a general rule, the general director is considered the sole executive body of the organization. He makes management decisions personally without obtaining a power of attorney from the founders. Accordingly, it is he who acts as the employer and is responsible for storing work books, as well as making entries in them in accordance with the law.

While the organization is operating, the general director has the right to issue orders on personnel matters, including in relation to himself. For example, he can provide himself with annual paid leave, since he is the immediate manager of the organization.

Also see: The Most Important Thing About CEO Salary.

If the general director is to be dismissed, the employment record must be signed by him (if there is no other person authorized by him to do so). This provision on the work of an LLC is enshrined in Article 40 of Law No. 14-FZ. The day of dismissal is officially considered the last working day, so the general director has every right to act as the head of the organization, since he is the employer. He independently certifies the entry in the work book with his signature.

An entry in the book can also be certified by the owner of the company - the sole founder or one of them. If an employment contract is concluded with the general director, it is also signed by one of the founders, acting on behalf of all the founders of the company.

Step-by-step instruction

When hiring a manager for a position by the personnel service of municipal self-education, he is required to provide documents confirming his qualifications and necessary for employment:

Education document.
Employment history.
Application for a job.

The application is written to the head of the department (division). After its approval, an order of appointment is prepared and the wording of the entry is entered.

If the position is elective in a municipal institution, LLC, CJSC, etc., a decision of the constituent meeting is necessary. Based on it, an order is created, and based on the order, a record is made. It is most advisable, according to experts, to indicate in the fourth column the document on the basis of which the appointment order and the order itself were issued, in a form typical for all information.

When filling out the work record, you must first enter in the third column, where information about the work is reflected, the name of the organization that makes an entry in the work book of the general director about hiring or enter your organization, unless otherwise provided. In this case it is not allowed:

put a serial number;
indicate the date.

Next, enter sequentially:

In the first column is the serial number of the entry, based on the number under which the previous entry was made.
In the second column is the date of hiring of the director. Do not confuse this with the date the information was entered or the date the order was issued.
In the third column is the entry itself, which reflects information about the boss’s hiring: whether he was accepted, elected, appointed, etc. to his position.
Two documents as legal grounds: an order and a decision or one of them.

Appointment and reception

The general director of the company is elected by the general meeting of its founders (participants). In a number of cases, if the issue of appointment or dismissal of a manager (sole executive body) is within the competence of the board of directors, the board of directors. The owners can appoint a person to this position either from among themselves or from outside. The employer in relation to the employee - general director is the organization represented by one of its participants (founders), an employment agreement (contract) is drawn up. It includes all mandatory and additional conditions provided for by the Labor Code (including remuneration - the size of the employee’s tariff rate or salary, additional payments, allowances and incentive payments), taking into account the peculiarities of the work of managers provided for in Chapter 43 of the Labor Code.

First, the corresponding decision (minutes) of the general meeting of participants or the board of directors is drawn up. Then an employment contract is signed with the manager.

In an LLC, an employment contract with the manager can be signed by:

the person presiding over the general meeting of the company's participants at which the manager was elected;
a member of the company authorized by the decision of such a meeting;
Chairman of the Board of Directors (Supervisory Board);
a person authorized by a decision of the board of directors (supervisory board) of the company (clause 1 of article 40 of the Law of February 8, 1998 No. 14-FZ).

On behalf of the JSC, the employment contract is signed by the chairman of the board of directors (supervisory board) or a person authorized by this board (clause 3 of article 69 of the Law of December 26, 1995 No. 208-FZ), as well as the sole shareholder or another person authorized by him.

An employment contract with a manager is usually concluded for a fixed-term period. Its validity period is determined by the constituent documents of the organization or by agreement of the parties (Part 1 of Article 275 of the Labor Code of the Russian Federation).

Based on the decision of the authorized body and the employment contract, the manager (or another authorized person from among the participants, the board of directors) issues an order to take office (or begin to perform the duties of a manager).

An entry about the appointment is made in the manager’s work book. Column 4 makes reference to the decision of the general meeting or the order to take office (letter of Rostrud dated September 22, 2010 No. 2894-6-1). A personal card is also issued for the elected leader.

How to resign at your own request as a director of an LLC - registration

The transfer of cases

If the director of an LLC is dismissed at his own request, registration of such an act, as for the head of a company of a different organizational and legal form, is a complex procedure. The transfer of affairs from the previous director to a new one is one of the stages of such a procedure, although this stage is not provided for by law for an LLC.

Nevertheless, it is still better to formalize the transfer of affairs. Documentary evidence of such a transfer can be provided by a transfer and acceptance certificate in any form, which will reflect all the necessary nuances. The procedure for dismissing a general director at his own request stipulates that, first of all, the resigning director must record in the act the transfer of documents for the safety of which he is responsible, including:

constituent documents (originals);
agreements with banks;
certificates of ownership of the company's real estate and land plots;
originals of SRO membership certificates, licenses;
company seal, keys to safes, safe deposit boxes;
valuable items, etc.

When dismissing the general director of an LLC at his own request, you should not neglect such an important procedure as taking an inventory of property. The need to carry it out when changing materially responsible persons (MRP) is provided for by the Methodological Instructions for Accounting for Inventory and Inventory (approved by Order of the Ministry of Finance of Russia dated December 28, 2001 No. 119n).

IMPORTANT! The director of the company is the MOL (Article 277 of the Labor Code of the Russian Federation) and bears full financial responsibility for direct actual damage caused to the company.

ConsultantPlus experts explained in detail what are the nuances of dismissing a financially responsible person at his own request. If you do not have access to the K+ system, get a trial online access for free.

Procedure for informing tax authorities and bankers

Another important mandatory action in this situation is informing the tax authorities. Since the normal functioning of the company in the absence of a sole executive body is impossible, the process of dismissing the general director at his own request occurs almost simultaneously with the appointment of a new one. This process is called a change of leadership, and one of its elements is informing the relevant authorities.

IMPORTANT! An application for a change of director is submitted to the tax authorities at the place of registration of the company using form P13014 (previously there was form P14001). The signature of the applicant is notarized. The submission period should not exceed 3 working days from the date of taking office (Clause 5, Article 5 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated 08.08.2001 No. 129-FZ).

Tax officials insist that the former director must report the termination of the powers of the previous director and the change of management, since the new director will receive the authority to sign documents of this kind only after information about him appears in the Unified State Register of Legal Entities.

IMPORTANT! If the application in form P13014 is not submitted to the tax authorities in a timely manner, a fine of 5,000 rubles is possible. according to Art. 14.25 Code of Administrative Offenses of the Russian Federation.

Tax authorities will notify extra-budgetary funds about the change of director through their own channels, so there is no need to be distracted by resolving this issue.

In order to perform the information function, the owner must notify bankers. You will have to visit all banking institutions where the company has current accounts and submit a whole package of documents. The composition of these sets varies from bank to bank, but they may include the following papers:

certificate of amendments to the Unified State Register of Legal Entities;
extract from the Unified State Register of Legal Entities;
protocol (decision) on the appointment of a new manager;
order to take office;
current charter of the LLC, etc.

After this, the bank card is reissued with a sample signature of the new director.

Extension of powers

A fixed-term employment contract is concluded with the general director. The validity period of the employment contract is determined by the constituent documents of the organization or by agreement of the parties (Article 275 of the Labor Code of the Russian Federation). Before concluding an employment contract with the head of the organization, an election procedure may be carried out. For example, the general director of an LLC is elected by the general meeting of the company's participants or the board of directors (clause 4, clause 2, article 33 of the Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies”).

The decision of the general meeting of participants or the board of directors of the company to elect a general director, documented in the minutes, is the basis for concluding an employment contract with him. Therefore, in the same minutes of the general meeting of participants or the board of directors, it is necessary to reflect the fact of termination of the powers of the general director due to the expiration of the employment contract and the decision made on his election for a new term.

Dismissal of a director: dismissal order and other procedures

Dismissal of the general director at his own request is a process that requires the employer to comply with a set of mandatory and timely procedures.
The general issues to be resolved in this situation are recording the resignation letter received from the employee, issuing a dismissal order, carrying out the final settlement and transfer of cases, making an entry in the work book, etc. In general, the dismissal schemes for an ordinary employee and a company manager are similar, but there are and differences. For example, labor legislation establishes different deadlines within which the employee and the director must notify the employer of their desire to leave.

IMPORTANT! Before the general director resigns at his own request , he has the right to terminate his employment relationship with the company by notifying the owners one month in advance (Article M280 of the Labor Code of the Russian Federation). He must express his intention in writing.

The procedure for voluntarily dismissing a CEO is more complicated than the process for voluntarily terminating an employment agreement with ordinary employees. This is due to the need to comply with additional legally established procedures. For example, the issue of termination of powers of the general director of an LLC is resolved by the general meeting of its participants (Article 33 of the Federal Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ).

IMPORTANT! If the owner delays the dismissal of the director and after a month from the date of receipt of the application the issue of termination of powers has not been resolved, according to labor legislation the director has the right to stop working (Article 80 of the Labor Code of the Russian Federation).

Both the director and the owner will have to work hard within the monthly period specified by law. Before the director of an LLC resigns of his own free will, it is necessary to select a suitable candidate for the vacant position and formalize the appropriate powers, organize the transfer of all affairs from the resigning director to his successor, and provide documentary support for the procedure for the dismissal of the previous director.

In addition, a number of mandatory functions have to be carried out, including informational ones - notification to tax authorities, banks and other interested parties about changes in data about the head of the company.

This will be discussed in the following sections.

Expiration

A fixed-term employment contract with a manager is terminated upon expiration of its validity period (Part 1 of Article 79 of the Labor Code of the Russian Federation). The employee must be warned about this in writing at least three calendar days before dismissal. If the owner intends to extend the employment relationship with the manager, he is sent a notice of termination of the employment contract and an offer to conclude a new employment contract.

note

The validity of a fixed-term employment contract with a manager by concluding an additional agreement on extension is not allowed.

At the end of the term of the fixed-term employment contract with the manager, the entry “Dismissed due to the expiration of the employment contract, paragraph 2 of part 1 of Article 77 of the Labor Code of the Russian Federation” is made in his work book.

Entry in the work book about the dismissal of the general director

Before making an entry in the work book about the appointment or dismissal of a director, it is important to study the nuances that are associated with this.

The dismissal of the director of an organization is regulated in Chapter 43 of the Labor Code of the Russian Federation. It considers all cases except when the head of the company is simultaneously its sole owner and founder.

In the case where the general director is a hired employee, the standard procedures specified in Article 77 of the Labor Code of the Russian Federation and Article 81 of the Labor Code of the Russian Federation apply to him. And Article 278 of the Labor Code of the Russian Federation defines additional grounds for termination of employment relations with the general director:

1. Due to the bankruptcy of the organization.

2. In connection with the adoption by the authorized body of the organization (property owner, supervisory board, board of directors) of a decision to terminate the employment contract with the manager. In the latter case, a written notice is sent to the General Director informing about the fact of termination of labor interaction, indicating the reasons.

If in the situation that led to the termination of the powers of the general director, there are no guilty actions (or inactions) on his part, on the basis of Article 279 of the Labor Code of the Russian Federation, the manager upon dismissal is paid material compensation. The amount of compensation cannot be less than three average monthly earnings; it is usually specified in the employment contract.

Basic information

Any termination of the employment relationship between an employee and the head of the enterprise is based on the created dismissal order. After signing this document, the HR employee makes a corresponding entry in the work book of the dismissed employee. It must contain certain information:

Reason for dismissal (usually stated in an article of the Labor Code).
Date of termination of the employment relationship.
Order number.

This information must be supported by a signature and seal. With the last attribute, everything is very clear - an employee of the personnel service or the head of the institution puts the official seal. The only requirement is that the print must be clear . But there may be some difficulties with the signature.

Drawing up a dismissal order and making an entry in the work book - where can I get a sample?

Since the director is also an employee of the company, documentation of the fact of his dismissal can be carried out using the usual dismissal order in the T-8 form.

Find out how to fill out the documents required upon dismissal, and where to get a sample of their execution when dismissing a general director, from the articles on our website:

“Unified form No. T-8 - form and sample filling”;
“Unified form No. T-61 - form and sample.”

The director will have to sign such an order himself and sign for familiarization with it (Article 84.1 of the Labor Code of the Russian Federation).

If the resigning director does not issue an order, as justification in the work book (column 4) you can indicate the details of the protocol of the owners’ decision to terminate the employment relationship with the director.