How to dismiss the general director

When they want to break off labor relations with ordinary workers, difficulties often arise. And dismissal of the general director is a special case requiring competent carrying out of all legal procedures.

Firstly, the correct execution of documents is required, and it is also necessary to inform the tax authorities and other authorities about this. Errors in the execution of documents upon dismissal may lead to the restoration of the manager in a judicial procedure. The procedure for dismissing the general director must be fully observed, taking into account all the conditions prescribed in the Labor Code, in order to avoid the negative consequences associated with the labor inspection.

The dismissal procedure will require changes to the company's constituent documents. A memorandum or charter should contain information about who has the right and can provide a position or dismiss the general director. In the majority of cases, such a body authorized to perform such procedures is the general constituent assembly of the organization.

However, not all companies prescribe these conditions in the organization's charter. In this situation, you will have to perform a general procedure. In accordance with this, the founders are employed or dismissed by the general director. To resolve the issue of the dismissal of the head, one should hold a general constituent assembly of the company. The dismissal of the general director of the LLC is fixed by signatures in the minutes of the general meeting.

The meeting should be held in the same way as in other cases, with observance of all formalities.

According to the labor legislation, the grounds for dismissal of the director should be the same as for the other employees. You can not fire a person just because he no longer suits the company's owners. But if the employment contract contains a condition that the leader can be dismissed by the decision of the founders, then this dismissal will be legal.

The Labor Code also stipulates additional grounds for dismissing the general director. This is a poor financial performance of the firm. To determine these indicators, you should first make an internal audit (analysis of the company's activities), draw up a conclusion about the unsatisfactory state of affairs of the firm and, as a consequence, the unsatisfactory work of the director.

The grounds for his dismissal are not recorded in the work book of the dismissed general director, they usually note that the reason for the dismissal of the head was the decision of the meeting of the founders.

In some cases, the desire to resign comes from the director himself. In this situation, the name of the company's founders should write on the sheet of paper an application for dismissal at will. However, unlike ordinary employees of the company, the head must notify the founders of his intention to resign no later than a month. But in this case it will also be necessary to hold a meeting of the founders of the company. And in the work record book a record is made that the dismissal of the general director was carried out on the basis of the decision of the general meeting. This fact of dismissal should be reported to the tax authorities and the bank that serves the company.

After the director leaves, the organization can not work without a leader. If the founders have not decided on the candidacy of a new top manager, then the acting person should be appointed for a while . This position can be replaced by a deputy former CEO, one of the founders or the chief accountant. The new appointment will also need to notify the bank and the tax inspection.