Letter of resignation from the General Director. Dismissal of the director of an LLC at his own request: registration. Dismissal of the director of an LLC at his own request: paperwork

Constitution and Labor Code The Russian Federation contains a direct ban on forced labor. Thus, the employer does not have the right to prohibit an employee from leaving his job, even if he is the director of the enterprise. Application for dismissal of the director of at will is a written document by which he informs his employer of his intention to terminate his employment relationship.

Dismissal of the general director of an LLC at his own request

Dismissal of a company director at his own request is regulated by Article 280 of the Labor Code of the Russian Federation.

It says the following:

The head of the enterprise has the right to decide to terminate labor relations before its expiration employment contract.
He must notify the owner (founder) or his legal representative about his decision.
The notice period for dismissal is 1 month.
The warning must be given in writing.

This article does not say that the manager must write a letter of resignation. You can warn the employer by any other written document.

But according to established practice, the desire to quit is most often formalized in a statement.

Application procedure:

The manager draws up a statement.
Gives it to the employer. It is best to draw up an application in two copies, on one of which put a mark indicating that the document has been accepted.

You can submit an application more than 1 month in advance, but in any case, if the minimum period is met, the director must dismiss on the date he indicated in the application.

How to correctly calculate the notice period for the owner about dismissal?

The procedure for dismissing a manager will look like this:

Writing an application and bringing the application to the attention of the founders (owners).
Transfer of cases to a specially created commission. Typically, the procedure for handing over a manager’s affairs upon dismissal is prescribed in local regulatory documents.
. The basis is indicated. The order may be issued on the date of dismissal or earlier. This order signed by the manager himself, since the day of dismissal is the last day of performance of his duties.
Directly on the day of dismissal, the employee is given all payments due to him, which include wages and compensation for unused vacation (if any).

When indicating the date of dismissal, it is written without the preposition “from” so that there are no discrepancies in the interpretation of the application. Example of writing: I ask you to dismiss me at your own request on 04/01/2018.

Sample order for the dismissal of the general director

The order can be drawn up on the unified T-8 form, or in free form. In the case of the dismissal of a director, issuing an order in free form allows you to enter into it not only information about the dismissal, but also additional measures. For example, the need for an employee who assumes managerial powers to accept the seal and the original of the statutory documents.

Download Example of a dismissal order general director Can .

If LLC participants ignore the director’s resignation letter

Sometimes a situation arises in which the founder. In this case, you need to send it by mail.

The nuances of sending such an application:

It must be sent to the official address of the owner. If there are several of them, then it would be advisable to send an application to each of them.
It is better to send the application not just by registered mail, but to make an inventory of the attachment. This will be proof that the envelope contained a statement and not another document.
It must be taken into account that the warning period will not be counted from the date of dispatch, but from the date of receipt of the letter by the addressee, therefore, the time for delivery of the letter must be added to the monthly period.
The progress of the letter must be tracked on the Russian Post service. If the addressee does not receive the letter and it is sent back, it must be picked up at the post office and asked for a document explaining why the letter was returned. This can be either the expiration of the storage period or the recipient’s refusal to receive it.
You can appeal the received letter to the State Tax Inspectorate, the prosecutor's office or the court. The letter will serve as proof that the employee (director) tried to notify the owner of his dismissal.

You can send a notice of your desire to resign via telegram.

According to its standards, an employee who wants to terminate his employment relationship with an employer must notify him in writing by submitting an application.

However, in most cases, it is the manager who acts as the employer, signing employment contracts. Should he write a statement himself in this case?

If he is the only founder

A fairly common method of conducting commercial activities is the creation of an LLC, in which the founder and owner simultaneously assume the responsibilities of the head of the organization.

This option is specifically provided for in Article 273 of the Labor Code of the Russian Federation. It says that the norms labor law regulating the work of the manager legal entity, do not apply here. In this case, there is not even a need to conclude an employment contract: the employee and the employer are one and the same person.

If the same person is the owner of the organization and its manager, there is no need to submit a document. If such a person wants to “resign”, he only needs to issue the founder’s decision to appoint a new manager and begin the procedure for making changes to the Unified State Register of Legal Entities.

If he wants to quit himself

If the general director and the sole founder are different people, or the organization belongs to several co-owners, then the norm provided for in Art. 280 Labor Code of the Russian Federation. According to it, it happens on the basis of his statement.

Article 280 of the Labor Code of the Russian Federation. Early termination employment contract on the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

In the same case, if a collegial body (the board of founders in an LLC or the board of directors in a JSC) decides to dismiss the old one and appoint a new one, the director also does not need to submit an application. In this case, the basis for dismissal will be the decision of the council recorded in writing in accordance with the established procedure and brought to his attention.

Who is the CEO writing to?

According to Art. 280 Labor Code of the Russian Federation, a manager who wants to resign must submit an application in the name of his employer. In relation to the director, he is a person or several persons who are the owners of the organization’s property:

For commercial organizations– its participants (shareholders);
for unitary enterprises - the state or municipal body that made the decision to create it.

The specific procedure for considering an application is determined by the norms of the Civil Code of the Russian Federation and federal laws relating to individual organizational and legal forms. So, for example, in a joint-stock company, an application must be submitted to the general meeting of shareholders - more precisely, the director must organize its holding and put the issue of his dismissal on the agenda. In a municipal unitary enterprise, the director must submit an application to the head of the local administration etc.

Instructions for paper preparation

Legislation does not contain mandatory requirements about how exactly a document such as a letter of resignation of a director should be drawn up. Based on general principles office work, we can conclude that it should contain:

The name of the addressee - the founder of the LLC. If there are two or more, a copy is sent to each of them.
Name and position of the sender (for example: “General Director of Fortuna LLC I. S. Ivanov”).
Contents of the statement. It must express the desire to resign as director.
The period from which the manager asks to fire him. The legislation also provides for a certain time for notice of dismissal.
Sender's signature.

Important: since the decision on dismissal is made only by the general meeting of participants, then if there are two or more of them in the LLC, the director, in addition to the application, must convene such a meeting in the manner prescribed by the Civil Code of the Russian Federation and Federal Law No. 14 “On LLC”.

Notice period for leaving

Just like a regular employee, The notice period for dismissal also applies to the head of the organization. It is provided for in Article 280 of the Labor Code of the Russian Federation and is 1 month.

Moreover, according to , the duration does not depend on whether the contract was concluded managerial employee permanent or fixed-term (for the time provided for by the organization’s Charter) employment contract.

However, as in the case of ordinary employees, the provision of this article does not mean that the one-month period should be applied in every case. The director has the right to give more notice of his dismissal, and the owner of the property, in turn, has the right to dismiss the director without waiting for the expiration of this time.

In cases where the warning period has passed, and the owner has not made a decision to appoint a new director, the old one has the right to issue to himself, make and pay himself the payments provided for by the Labor Code of the Russian Federation upon dismissal of an employee.

Important: Moreover, by virtue of the norms of Federal Law No. 402 “On Accounting”, the resigning director must take measures to preserve constituent documents, reporting, and other materials for which he is personally responsible. The measures may include transfer to a notary for safekeeping.

Is it possible to revoke a document?

Although work activity managers is regulated by Chapter 43 of the Labor Code of the Russian Federation; it does not say anything about the director’s right to withdraw his resignation letter. Hence, here it is necessary, by virtue of Article 251 of the Labor Code of the Russian Federation, to be guided by general norms.

Article 251 of the Labor Code of the Russian Federation. Features of labor regulation

Peculiarities of labor regulation - norms that partially limit the use of general rules on the same issues or providing additional rules for certain categories of workers.

And Article 80 of the Labor Code of the Russian Federation precisely provides for the employee’s right to withdraw his application.

Therefore, in this case the general rules apply:

The director has the right to take back the document on his dismissal.
The period for this is the entire time until his employer (owner of the property) decides to appoint a new director.

The legislation does not contain rules on how a recall occurs. However, by analogy with the law in an LLC, this procedure will look like this:

It should be taken into account that, according to Article 5 of the Labor Code of the Russian Federation, with permission labor issues the norms of the Labor Code of the Russian Federation take precedence over other federal norms relating to such issues (in the case under consideration - Article 33 of the Federal Law “On LLC”, which describes the competence of the general meeting). Consequently, if the application is withdrawn, the general meeting must cancel the previously adopted decision.

Like other employees, the director can apply for resignation. However, he can do this only in cases where he is not the only participant in the organization. In this case, when considering the application, the norms of both labor and civil law are applied.

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The director is a key member of the company's workforce. It is on his decisions that may depend financial condition organizations. The process of dismissing the director of an organization on his own initiative is significantly different from dismissing ordinary employees. A sample application to the founder for dismissal from a director is not fixed at the legislative level, which allows it to be drawn up in free form in accordance with the standards for business papers.

Dismissal procedure

Labor relations between the director and the owner of the organization, who in this situation is the employer, are regulated labor legislation. The right to early termination of an employment contract is provided for in Article 280 of the Labor Code of Russia. At the same time, the dismissal procedure must be carried out in full accordance with the standards provided for current legislation. To do this, it is recommended to follow the following algorithm:

the director of the organization draws up a letter of resignation on his own initiative. After this, the document must be handed over to the owners of the enterprise. This can be done in person or sent by registered mail with acknowledgment of receipt;
if the organization has several founders, then the chairman must notify all participants about the holding of an extraordinary meeting. For this purpose, a special notice is drawn up and sent to the residential address of each of the founders;
a meeting of the owners of the organization is held, during which, by voting, a decision is made to dismiss the director. Based on the results of the meeting, a protocol is drawn up;

the responsible person issues a dismissal order using the standard T-8 form;
a complete transfer of affairs is carried out to the person who will take the post of head of the enterprise;
a notification is sent to the tax authority about the removal of the person’s powers as a manager;
the banking organization is notified about the termination of cooperation with the citizen who previously held the post of director;
All necessary documents are prepared.

At the end of the month, a full settlement is made with the person. He is given everything required by law, labor and collective agreement cash, and also necessary documents, including work book.

How to make an application

The director is the same hired worker as the rest of the employees. In this situation, one or several founders act as the employer. The dismissal of the director of an enterprise on his own initiative is carried out on the basis of Article 77 of the Labor Code of Russia. In order to fully comply with the procedure for termination of cooperation, the head of the enterprise must notify the owners of the company 1 month before leaving about his desire. For this purpose, a letter of resignation is drawn up.

It doesn't have unified sample, which allows the director to compose it in free form. The exception is situations when the organization has developed a single form that is mandatory for use by all employees. The document may be presented in printed or handwritten form. It must not contain any errors, blots or typos.

Important to know! If a document contains errors or does not comply with the rules applicable to business papers, it is considered invalid. In this regard, it may be necessary to draw up a new application, which can lead to significant temporary losses.

Despite the lack of a uniform template, the application must include the following information:

about the legal entity to which the application is being submitted;
about the position and full name of the applicant;
about the name of the document – “Application”
on a request to terminate labor relations with reference to the relevant article of the Labor Code of Russia. In this paragraph you can indicate the desired date for termination of the employment relationship.

At the end of the document is the date of its preparation, as well as the signature with the decoding of the applicant, without which the application has no legal force.

After acceptance of the application, it must be signed by a new authorized person, founder or other employee who has the right to sign such documents, for example, the chief accountant.

Important to know! After submitting an application, the head of the organization has the right to withdraw it. To do this, you need to draw up and submit another application with a request to cancel the old one. Do this at any time before the expiration of the month and the issuance of an order to terminate cooperation.

Nuances

To submit a resignation letter, it must be addressed correctly. Depending on the owner, different information may be presented in the header of the document:

if the company has only one owner, then the following entry should be made in the document: “Founder - name of the organization - full name of the owner”;
if the enterprise has several owners at once, then the letter is addressed to the meeting: “General meeting of owners - name of the organization”;
if the company is governed by a meeting in which a chairman is elected, then the application is submitted in his name: “To the chairman of the general meeting of founders - name of the organization - full name of the chairman.”

If the application is sent by mail, it must be sent to the home address of the business owner. It is worth considering that in such a situation, the countdown of the month begins not from the moment the document is submitted, but after it is received. You can find out the exact date in the receipt notification, which is sent to the sender after the letter is sent.

The director is a key link in the organization. It is he who decides on the hiring and dismissal of new employees. At the same time, the manager himself is the same full-time employee, but one or more founders act as the employer. To dismiss at your own request (Article 77 of the Labor Code of Russia), the manager must submit a corresponding application, which must be drawn up in accordance with all the standards for business papers.

Above him stands the owner or owners of the organization, everything depends on the prescribed ownership structure of the enterprise.

Unlike ordinary employees, directors are provided with longer service, but not more than one month. The restriction is established by Article 280 of the Labor Code of the Russian Federation.

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

The work is not affected by the time frame established in the contract. Even with a short-term contract, the boss is subject to working hours for a month.

Procedure

Notification of participants

In the standard case the procedure begins with notification of LLC participants(the meeting is organized by the general director). The written notice informs participants of a special meeting at which termination of the contract will be considered.

The most reliable method of notification is registered letter with a description of the contents, as well as a notice of delivery. The organization’s internal regulations may provide for other notification options (for example, by email), but you should keep in mind the degree of reliability of notification delivery.

The notice of a special meeting contains the dates, place, times and topic discussed. In the case of dismissal - “Dismissal of the director of the enterprise I.I. Ivanov.” Besides this, a copy of the director's statement is attached to the letter. Notifications are sent to the addresses of LLC participants. They should be taken from the Unified State Register of Legal Entities or the internal register of the organization. If the addresses from these two registers do not match, you will need to duplicate notifications to all addresses.

Holding a meeting

Then a meeting of the owners of the organization is held. Finally, a decision is made to dismiss the director. The decision must be recorded in the minutes. An order is then issued to terminate the working relationship. The legal basis for the order is the minutes of the meeting. After this, the final settlement is made with the general director, and an entry is made in work book. The final stage is notification of the tax authorities about dismissal.

How to prepare a document?

Directly the statement at the CEO’s own request is drawn up in free form. The legislation does not provide for a specific type of application. However, it, as elsewhere, must indicate the dates (of preparation and planned dismissal), the name of the enterprise, and the signature. It is addressed to the person with whom the contract was concluded, that is, the founder or the general meeting of owners. The text should reflect the clear will of the leader:

I ask you to dismiss me, I.I. Ivanov, at my own request from the position of General Director of Romashka LLC from 06/10/2017.

The application, as noted above, is necessary to organize a general meeting. The procedure starts a month before the expected dismissal. The legal basis for issuing an order is not this statement, but the protocol of the participants’ decision. The protocol states the following:

I have read the resignation letter of the general director dated May 10, 2017 and have no objections.

Chairman of the general meeting of participants

LLC "Romashka"

The order to terminate the employment contract includes standard set– name of the company, details, reasons and grounds, date of termination of the working relationship.

Reference! Form T-8 is provided for the order.

You cannot recall a submitted application., but in any case, before dismissal, there is another discussion and agreement with the participants of the general meeting, at which the general director can explain and justify that the decision to terminate was premature. Without a recorded decision and order, the process is frozen.

Conclusion

General Director is an important position with financial liability. The employer is the owner of the enterprise. When resigning at their own request, the director turns to them with a request to approve the termination of the working relationship. The legislation gives a period of one month for the coordination and transfer of cases.

The management of the enterprise is carried out by its manager, who works in the business entity, like his other employee, according to labor 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 of a legal entity has broad powers to represent the interests of the company and significant responsibility, the process of dismissal at will differs from terminating 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 must 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 out using letters or couriers to their postal addresses. It is important that all participants are warned about general meeting no later than 30 days before it takes place.

Attention! Due to the fact that the countdown of the date will not begin from the day the application is written, but from the day you receive its copy and notification, it is best to choose the date of dismissal taking into account the days that the letter will be in transit.

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 warning period of thirty days also applies in a situation where a contract is concluded with the manager.

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

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