When they want to break the labor relationship withordinary workers, then often there are difficulties. A dismissal of the CEO - this is a special case that requires the competent conduct of all legal procedures.
First, you need a proper designdocuments, and also it is necessary to inform the tax authorities and other instances about this. Errors in the execution of documents upon dismissal may lead to the restoration of the manager in a judicial procedure. The order of dismissal of the general director must be fully observed, considering 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 changesin the constituent documents of the company. 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 conditionsin the organization's charter. In this situation, you will have to perform the 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, it is necessary to hold a general constituent meeting 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, in compliance with all formalities.
In accordance with labor legislationThe grounds for dismissal of the director should be the same as for the rest of the staff. 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 stipulates additionalthe 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 fromthe director himself. In this situation, on behalf of the company's founders, you should write on the sheet of paper an application for dismissal on your own. 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 firm. 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 notwork without a leader. If the founders have not decided on the candidature of the 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.</ p>