The director is also a person

Personnel changes periodically take place at the enterprise, and sometimes the question arises of how to record the director's dismissal in the work book. It is sometimes difficult to answer it, because it does not happen often. More about the termination procedure general director and the correct entry in his labor will be described in this article.

Grounds and nuances of the director's dismissal procedure

The general director of the organization is actually the same employee as the rest of the employees. This suggests that the dismissal of a director is carried out in the same way as the dismissal of other employees (Article 81 of the Labor Code of the Russian Federation).

Some nuances of the procedure for dismissing the head of the organization still exist, they are spelled out in Art. 278 of the Labor Code of the Russian Federation. On the basis of its second point, the owner of the enterprise has the right to part with the director of the company without any good reason. However, there is important point: if the business owner decided to dismiss the director of the LLC without serious reasons, then the last one is financial compensation, the amount of which must be indicated in the previously drawn up employment contract.

The owner of the organization, when drawing up an order to terminate the TD, is obliged to follow the provisions of the Labor Code of the Russian Federation. For example, an employer does not have the right to fire the director of his company if he is away or is temporarily disabled. This also applies to the case of a change in the owner of an enterprise (Article 77 of the Labor Code of the Russian Federation), which is not a reason for terminating the TD with the general director. However, the new owner of the enterprise can dismiss the general director within 3 months, as evidenced by Art. 75 of the Labor Code of the Russian Federation.

The reason for the dismissal of both an ordinary employee and a director may well be the end of the term of the employment contract. This must be prescribed in the order on the dismissal of the general director.

If the actions of the director resulted in damage to the company under Art. 81 of the Labor Code of the Russian Federation, the owner or shareholder of the enterprise can dismiss the employee by providing the necessary evidence.

But the CEO has the right to challenge the dismissal in court. And if the court decides that the actions of the shareholders are illegal, the director will be reinstated. Then a corresponding entry must be made in the work book.

Common options for dismissing a director

3. Dismissal by decision of the participants of the joint-stock company of the company. This happens most often due to the unprofessionalism of the director or for other reasons, when the person is not suitable for managing the enterprise. This option is the most difficult and costly for the owner of the enterprise, because the company is obliged to pay compensation former director, which cannot be lower than his three-month salary.

The most common dismissal option is considered the first point. This procedure is carried out on the basis of the minutes of the meeting of shareholders and is recorded in the employee's work book. In this case, a standard entry is made in the work book, the reason for dismissal is also indicated there, which must correspond to that indicated in the director's statement and the order to terminate the TD.

How to issue a dismissal in the work book

The algorithm for making a record of the director's dismissal in the labor one is as follows:

1. The sequence number of the record.
2. Date of dismissal.
3. Ground (reason) for termination of the contract (on the basis of the order).
4. The name of the order to dismiss the director, date and number.
5. The signature of the HR inspector (the person who made the entry in the labor), the seal of the enterprise, the signature of the former CEO.

The order on the dismissal of the head of the enterprise, on the basis of which is carried out upon the dismissal of the director, must be vised by the chairman of the meeting of shareholders of this enterprise (Article 40 of Law No. 14-FZ).

A sample of filling out a work book upon dismissal of the director of an organization can be found.

A record of the dismissal of the head of an enterprise is similar to the record of the dismissal of any other employee. Nuances and difficulties occur precisely in the process of deciding to terminate an employment contract.

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Dismissal of the general director: entry in the work book

The entry in the work book about the dismissal of the general director will depend primarily on the grounds that led to the termination of the employment contract.

Then an order is issued to terminate the employment contract.

Termination of an employment contract with the head of an organization this basis issued by order. That is, in in this case labor contract terminated in connection with the adoption by the authorized body legal entity, either by the authorized owner of the organization's property, or by a person authorized by the owner (body), a decision to terminate the employment contract on the basis of paragraph 2 of Article 278 of the Labor Code of the Russian Federation.

Therefore, the procedure for making a record of the dismissal of the head of the organization (director, general director, etc.) in the work book will look like this:

• the first column contains serial number records;
• the second column indicates the date of dismissal (termination of the employment contract);
• in the third column, an entry is made about the reason for the dismissal (termination of the employment contract) with the manager, the entry may look as follows: “The employment contract was terminated due to the adoption general meeting shareholders of the decision to terminate the employment contract, paragraph 2 of Art. 278 Labor Code Russian Federation»;
• the fourth column indicates the name of the document on the basis of which the entry was made.

The CEO is the main and first person of an enterprise or firm. He makes responsible decisions on the hiring and dismissal of employees, issues orders, evaluates personnel. Despite the many areas of activity, the CEO is an employee himself. Moreover, the labor relations of the company arise with him even when he is the sole participant (shareholder). The dismissal of the general director, the entry in the work book of which is made in the same way as for other employees, is subject to more detailed consideration.

Determination of the status of the general director with a mark in the work book

The structure of entries in the work book of the general director directly depends on the reasons that influenced the termination of the employment contract. According to the Labor Code (Labor Code of the Russian Federation), the head of the company is individual, which exercises supreme management, including sole leadership. The designation of the position of the head is established by the constituent documents of the company or is regulated by law. As for the main employees, a personal card is issued for the director - form T-2.

Legal grounds for the dismissal of the head of the company

The special status of the general director of the company determines the specifics of stopping labor relations with him. How to dismiss the general director with an entry in the labor law, interprets the legislation.

The dismissal of a manager can entail unforeseen consequences, disruptions in work, loss of suppliers, up to the termination of the work of the entire enterprise. In the event that the director considers himself unlawfully dismissed or the procedure was carried out with violations, he may not give the stamp and basic documents, which will lead to the impossibility of drawing up and submitting financial statements, cooperation with partners, the conclusion of supply contracts and other operations.

Since the director has additional powers, unlike other employees, termination with him labor relations must have legal and specific grounds.

The grounds for termination of labor relations with the general manager of the company, temporary and permanent managers in business companies are provided for by the labor legislation of the Russian Federation, regardless of the organizational and legal form of the enterprise. The exceptions are options:

• a manager is a sole participant, founder, company member, property owner;
• in the case when management is carried out under a contract by another organization (manager) or an individual entrepreneur.

The CEO is responsible for the activities of the company, its state and development, which directly depend on his professional knowledge, skills and abilities, and personal qualities, including psychological ones. In the process of hiring a manager, the owners of the enterprise, as a rule, are aware of his abilities and qualities, having certain goals that he must achieve within the framework of his position. In the event that the goals are not realized, the owners of the company (shareholders, owners, staff) are obliged to eliminate the error in the most short terms... There are often other reasons for the dismissal of a company manager.

P / p No.	Legislative framework	Reason for dismissal
1	TC, art. 81, item 4, TC	Due to the change of ownership of the assets and property of the company
2	TC, art. 81, item 9	Illegal and legally incorrect decision of the head of the company, which led to the loss of property, fixed assets, irrational, illegal use of assets, which caused property damage. The duty of the chief is to substantiate specific actions. These include, for example, the conclusion of a transaction without a legal basis, which entailed Negative consequences... Dismissal must be made and formalized in the appropriate way: creation of a commission, execution of acts of conclusion, determination of circumstances. To fire for these reasons is the right, but not the obligation of the employer.
3	TC Art. 81, paragraph 10.	One-time gross violation by the CEO of his job responsibilities... Rudeness is a subjective perception by the owner and is not subject to mandatory consideration as a reason for dismissal.
4	278 Art. TC, ZRF "On bankruptcy"	In the event of bankruptcy of the enterprise, it is possible that the CEO may be removed from the management. According to bankruptcy law, a director must be removed from his duties due to a deviation from the requirements of the bankruptcy law. For this, the bankruptcy commissioner submits a specific petition to the court. If he is satisfied, the court makes a decision about the removal from office of the head of the enterprise. In such a situation, representatives of the management company terminate the employment contract with the manager, making an amendment to the order "due to the removal from office of the manager in connection with the law on non-compliance."
5	Art. 278 TC p. 2	Due to the adoption authorized person, the body, the owner of the company, the representative and other persons prescribed by law, decisions to terminate the employment relationship. The decision on this process in relation to the head of a unitary enterprise is made by the authorized owner of the enterprise. In accordance with the procedure, the management body or the owner decides to terminate the relationship and terminate the employment contract. In the event of the dismissal of the general director without his fault, he is paid compensation in the amount of three average monthly payments.
6	Art. 278 TC, p. 3	Other reasons, which can be attributed to any situation: failure to fulfill their duties by the head, bringing the enterprise to a crisis state, decline in production indicators, disclosure of production information, unfair competition, destruction of the company's reputation, and others.

It should be borne in mind that the leader himself has quite legal grounds terminate the employment contract with the company. In case of dismissal, according to the law, it is necessary to notify the owners one month before the official term of leaving the post.

Legislative aspects of the director's dismissal

As a rule, dismissal issues are resolved in the same area as the conclusion of an employment contract. In LLC, JSC, the director must be dismissed by the decision of the meeting of participants or shareholders, if such a nuance is specified in the charter of the enterprise.

In a budgetary or unitary enterprise, the dismissal process is determined by the owner of the assets.

In non-profit firms, such issues are regulated by articles of association. So, often, the dismissal is carried out by the owner of the assets, but the decision must be made by the collective before that and such a process is drawn up in the form of a protocol. However, violation or inconsistency of the procedure for convening and holding such an assembly labor collective may lead to the recognition of the dismissal of the head unlawful through the courts.

Dismissal stages

Stage 1

The authorized body makes a decision on dismissal, in the process of a collective meeting, by the same decision a new general director and a person responsible for the transfer of affairs are elected.

Stage 2

Drawing up an order on the resignation of his powers as a director on the final working day.

Stage 3

Registration of the act of acceptance and transfer of documents.

Stage 4

Calculation and registration of entries in the work book.

Stage 5

Within 3 working days, information is entered into the register of legal entities, bank details.

Employment record of dismissal

Dismissal of the general director with an entry in the work book is carried out in accordance with the law.

The reason is bankruptcy

The mark in the work book about the dismissal of the general director is regulated by the Labor Code of Art. 278. In accordance with the legislation, the manager can be dismissed if the company is declared bankrupt. Upon dismissal, in mandatory, you must follow the procedure for its implementation.
To remove the head, a decision of the arbitral tribunal is required. judicial instance, with a clear indication that the manager has been transferred to another position or the contract with him has been terminated. Based on the option, an order is being developed to terminate the employment relationship.

In accordance with the "Rules for maintaining and storing work books", it is established that data must be entered in it in accordance with article. The procedure for registering a labor record involves entering the following data on the dismissal of the general director:

• record number - 1st column;
• date of dismissal from office - 2nd column;
• reasons for dismissal - 3rd column;
• link to the document according to which the director was dismissed, order number and date.

Decision of the labor collective, owner, manager

It is possible to terminate the employment relationship with the general director at the initiative of the decision of the authorized body of the legal entity, the owner of the assets, the authorized owner.

The final decision to terminate the employment contract is made in relation to the head of the unitary enterprise in accordance with the current legislation.
When registering this decision an entry is made in the work book:

• sequential number, column 1;
• the date of termination of the employment contract, column 2;
• reason for dismissal - column 3;
• the legal document on the basis of which the dismissal occurred.

Dismissal for other reasons

V constituent documents and the employment contract, other reasons for the dismissal of the CEO may be spelled out. And not necessarily they will be indicated in the laws. Such reasons include: non-performance or improper performance their responsibilities as a leader.
In case of dismissal by this reason, the labor record will look like this:

• number in order - column No. 1;
• date of dismissal of column 2;
• the reason for the termination of labor relations - the third column;
• legal document governing the reduction.

The law states that all entries in the work book are mandatory, must be certified by the employee himself, the employee of the personnel department and the employer's seal. According to the law, the manager receives the work book on the day of the termination of the employment contract. When it is issued, received by the employee, he puts a signature on the personal card.

Dismissal of your own free will

In case of the director's dismissal due to the expiration of his term of office, expiration of the employment contract or his own will, the participants (board of directors, shareholders, owners, management company), a separate decision is made to suspend the powers of the director.

In case of dismissal by on their own, the director notifies 1 month in advance, not less. If the employment contract was urgent, then the warning is given to the director three days before the expiration of the employment contract.

Rules and examples of making entries in the work book

The registration of the work book of the general director, a sample of which can be seen below, is carried out according to the developed standards. According to the date of dismissal, an entry is made in the work book, which must correspond exactly to the text of the order and references to labor legislation.

If the dismissal of the head occurs due to the bankruptcy of the enterprise, then the entry in the work book may be as follows:

If the director leaves due to the decision of the team, the owners of the enterprise, then the record may look like this:

If the dismissal of the general director occurs for other reasons, then pay attention to the following sample entry in the work book:

The resignation record of the general director is necessarily based on the constituent and legislative acts... Firing a CEO is not uncommon, but it has serious consequences for the company. Legal registration this process is an important element, which, if incorrectly designed, is easy to dispute.

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