An employer can dismiss the head of an organization without giving reasons. When dismissing, the type of employment contract (fixed-term or unlimited-term) does not matter. However, it is always necessary to pay compensation upon dismissal. Let’s figure out how and in what amount compensation should be paid to a dismissed employee. Let us help you understand how it differs from severance pay.

Who is entitled to compensation upon dismissal by decision of the owner?

If the dismissal occurs by decision of the owner, then compensation is due only to the head of the organization (director, general director). The head of a branch or representative office is paid only when he performs the functions of the sole executive body.

Compensation is not paid to employees who manage only certain areas of the company’s activities, as well as to individual entrepreneurs.

When is compensation paid and when is severance pay upon dismissal of a director?

Compensation is always paid upon the dismissal of a director by decision of an authorized body, namely the owner of the property, the board of directors, etc.

The decision to terminate an employment contract with a director must be within the competence of the authorized body in accordance with the law or the charter of the enterprise. And the employer is not obliged to voice the reason for dismissal.

If the director is transferred to another position, then in this case the contract with him is not terminated and compensation is not paid, but an additional agreement is simply concluded indicating new functions.

Compensation is paid upon dismissal to the director by decision of the authorized body or change of owner.

Compensation upon dismissal is not severance pay.

Severance pay is paid to any employee if his employment contract is terminated for certain reasons.

• List of grounds for payment of severance pay:
  liquidation of the enterprise;
• Reduction in the number or staff of employees at the enterprise;
• Refusal to transfer to another job that is necessary for medical reasons;
• The employee is called up for military service;
• Reinstatement of an employee who previously performed this position;
• Refusal to transfer to another location together with the employer;
• Refusal to continue working due to changes in the terms of the employment contract.

What amount of compensation is due upon dismissal of a director?

TO compensation to the director upon dismissal is paid provided that they have not committed any guilty actions (inactions) (Article 279 of the Labor Code of the Russian Federation).

The legislation does not determine the amount of compensation upon dismissal of a director. The amount of compensation must be specified in the employment contract, but not less than three times the average monthly salary of the director.

If the termination of the employment contract with the director occurs due to guilty actions, then compensation is not provided.

If the amount of compensation is not specified in the employment contract, then it can be indicated in the minutes of the general meeting. If compensation is not paid, the former director may go to court, which will determine the amount of payment itself.

When determining the amount of payment, the following circumstances will be taken into account:

• the duration of work of the dismissed director in this position;
• time until the expiration of a fixed-term employment contract;
• the amount of wages that the dismissed person could receive if he continued to work in the company;
• additional expenses that an employee may incur as a result of dismissal.

The maximum amount is not provided for by law, but must be reasonable. If the court concludes that the amount of payment violates the interests of the organization or other employees, then it may reduce it

Procedure for dismissing a director

When dismissing a director at an enterprise, it is necessary to take the actions presented in the table:

Employer's liability for non-payment of compensation upon dismissal of a director

On the director’s last day of work, the employer must make a full settlement with him, namely, pay wages for time worked, compensation for unused vacation and due compensation upon dismissal.

The employer will violate the procedure for terminating an employment contract if he does not pay the dismissed manager the required compensation and at the same time incur large losses. In this case, the employee can go to court and recover not only the amount of compensation, but also interest for each overdue payment, as well as compensation for moral damage. In addition, for non-payment or violation of payment deadlines, the employer bears administrative and criminal liability.

Typical mistakes when dismissing a director

Error: The employer hired a director with whom an employment contract was concluded. Only it did not stipulate the payment of compensation upon dismissal. When the director was dismissed by decision of the authorized body, compensation was not paid.

Question. What payments are possible upon dismissal of the director of a state unitary enterprise. What additional payments are possible to the deputy director of a state unitary enterprise upon dismissal? Question. Under what article should the head of a state unitary enterprise resign in order to receive benefits and payments upon dismissal?

Answer

A managerial employee can be calculated on the same basis as other employees and receive compensation upon dismissal of the director. All general grounds for termination of employment relations are enshrined in Article 77, Article 78 of the Labor Code of the Russian Federation. However, these are not all the reasons why a contract with the head of an enterprise can be terminated.

Article 278 of the Labor Code of the Russian Federation provides additional grounds for this, applicable only to the director of the organization:

1. Removal of the head of the debtor company in connection with the assignment of bankrupt status to it;
2. The adoption by the authorized body or the owner of the organization of a decision to terminate the employment contract with this person;
3. Additional reasons for terminating the relationship between an employer and a managerial employee are set out in this document.

In practice, most often, dismissal occurs at one’s own request, by agreement of the parties, on the basis of a decision of an authorized body and in connection with a violation of current legislation.

From a convenience point of view, the best option for an enterprise to terminate an employment relationship is to terminate it by agreement of the parties. The advantages of this form include the fact that the parties to the contract can independently determine:

• Procedure and terms of dismissal;
• Amount of severance pay upon dismissal of the General Director;
• Responsibilities of the manager for transferring affairs and necessary papers to his successor, etc.

Since termination of relations under this clause requires the will and consent of both parties, the chance of controversial situations arising or challenging the decision in court is minimal. From a legislative point of view, the only possibility for annulment of such a decision is bilateral actions aimed at abandoning the agreements reached. However, in such a situation, it is often enough for the parties to draw up a new agreement in order to continue the activities of the manager at the enterprise.

The possibility of terminating the work of a managerial employee based on a decision of the authorized body is enshrined in clause 2 of Article 278 of the Labor Code of the Russian Federation. At the same time, the employer, for its part, should not give any explanations or give reasons for dismissal. From the point of view of legislation, in this situation, the decision made cannot be regarded as a disciplinary measure, since it is not related to the legal responsibility of the manager.

At the same time, the enterprise and its owner are obliged to provide the head of the company with certain guarantees that will protect his rights in connection with the early termination of employment relations. They allow you to avoid negative consequences for the employee that arise as a result of losing your position. Among other things, these include the transfer of compensation upon termination of employment. The absence of any mention of compensation payments in the contract does not relieve the enterprise of the obligation to transfer them.

Ultimately, the implementation of this payment can be equated to the mandatory conditions for early termination of the employment contract at the initiative of the employer.

Termination of employment relations at the initiative of an employee also applies to management employees. In accordance with Article 280 of the Labor Code of the Russian Federation, they must notify in advance about the date of the proposed dismissal, at least a month in advance. A longer period of “working out” is associated with the difficulty of selecting applicants for a leadership position. In addition, during this time, the dismissed director will have to transfer all affairs and documents to his successor, deputy or employee who will temporarily perform his duties.

Payments upon dismissal of the general director at his own request are not made, unlike cases when the termination of relations occurs by decision of the authorized body and the owner of the organization. However, the employment contract may stipulate other conditions for termination of employment relations at the initiative of the employee, providing for the issuance of compensation.

Dismissal occurring in connection with disciplinary violations of the head of the enterprise, according to Article 81 of the Labor Code of the Russian Federation, can be applied:

1. In case of a single gross violation of the duties assigned to the general director. These include violations in the field of labor protection, accounting of mat. values, conducting statistical reporting, as well as exceeding the scope of their official powers in order to obtain their own benefits.
2. A decision made by the director of an enterprise that led to a violation of the integrity of property, its unlawful use, or caused other damage to the company.

In this situation, it is necessary to take into account that the obligation to confirm the presence of this violation and the guilt of the managerial employee lies with the employer. At the same time, in order to apply the most severe sanction in the form of dismissal, confirmation of the gravity of the offense and its commensurability with the responsibility assigned to the director must be provided.

The procedure for issuing compensation to a director upon dismissal in the absence of such a condition in the employment contract

An employment contract is a special document in which the parties establish mutual rights and obligations, note the position for which the applicant is hired, his responsibilities, salary, additional payments, and the procedure for terminating the employment relationship.

As in the situation with other local documents, federal regulations have an advantage over them. Applicable to the issue under consideration, in the event of dismissal of the director of the company and the absence of a clause on compensation payments in the contract, accounting employees must be guided by the Labor Code of the Russian Federation, which states that these amounts must be transferred to the dismissed employee in the event of termination of employment by decision of the authorized body or the owner of the enterprise.

In other cases, the law does not oblige the employer to pay compensation upon dismissal of a director. On the other hand, the employment contract may contain provisions governing this issue. It is important to remember that the conditions stated in this document cannot be worse than those guaranteed by current legislation. If there are any, they are considered invalid.

In the process of terminating an employment relationship with a managerial employee, the parties must draw up a special act that reflects:

• All significant aspects related to the implementation of business activities by the enterprise;
• Note the current state of affairs;
• Indicate the transmitted mat. values;
• Record the fact of transfer of constituent and registration papers, licenses, primary accounting, certificates of ownership of the company’s real estate;
• List and transfer agreements concluded in the process of carrying out the economic activities of the enterprise;
• Mark the registers of powers of attorney issued by the organization for partial delegation of powers for the purpose of implementing business. activities of the company, as well as bill documents.

The person receiving the case must sign the act, thereby confirming receipt of the necessary documents, familiarization with the information provided, and transfer of mat. values.

After completing the necessary procedures, the employment contract is terminated in the general manner, taking into account the rules established in the current legislation. On the last working day of the head of the organization, an order for his dismissal is issued. After familiarizing him with this document, the papers are sent to the personnel department and accounting department, where they issue employment documents and other necessary documents and make the final payment. The total amount of payments includes remuneration for the dismissed employee, compensation for unused vacation pay, as well as severance pay, in cases provided for by current legislation and the employment contract.

Failure to comply with the established procedure, including the need to transfer compensation in established cases, entails recognition of the procedure for terminating relations as inconsistent with current legislation, which may entail the restoration of the person to his previous position. In addition, the company is subject to additional financial costs associated with compensation for incorrectly transferred funds, and in the case of the resumption of labor relations - payment for all the time of “forced” downtime.

The amount of compensation transferred to the head of the enterprise upon dismissal

According to Article 279 of the Labor Code of the Russian Federation, the amount of compensation that the head of an enterprise can claim upon termination of employment relations by decision of the employer is determined by the employment contract concluded between the parties. But at the same time, it cannot be less than the average director’s earnings for 3 months or six months for enterprises carrying out economic activities in the Far North and equivalent territories.

At the same time, this provision does not apply to the dismissal of a director due to guilty actions or on his own initiative. However, a different procedure for transferring compensation upon termination of an employment relationship is possible if this is stated in the agreement concluded between the parties.

If this document does not contain instructions regarding the procedure and amount of transferred payments, then the enterprise retains the obligation to issue compensation only in the event of dismissal on the initiative of the employer and the innocence of the managerial employee.

ON THE. Matsepuro, lawyer

How can the director of an LLC resign of his own free will?

A manager is an employee with a special status. So, in an LLC he is appointed to a position and dismissed from it by a general meeting of participants (sometimes by the board of directors, but we will not talk about such a situation) subp. 4 p. 2 tbsp. 33, paragraph 1, art. 40 of the Law of 02/08/98 No. 14-FZ (hereinafter referred to as Law No. 14-FZ). Because of this, the procedure for dismissing a manager raises a lot of questions for many. Especially in the case when he wants to quit, and the participants in response remain silent and inactive. So let’s find out what is the procedure for the early dismissal of the director of an LLC at his own request, including in the case when the participants do not appoint a replacement for him.

Notification of participants about dismissal and convening of a general meeting

The manager has the right to resign by notifying the employer in writing no later than 1 month in advance Art. 280 Labor Code of the Russian Federation. Moreover, such a notice period is valid upon termination of both fixed-term employment contracts (regardless of their duration) and open-ended ones. Art. 280 Labor Code of the Russian Federation; Letter of Rostrud dated 03/06/2013 No. PG/1063-6-1. Rostrud thinks the same.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“Article 280 of the Labor Code of the Russian Federation provides for the procedure for terminating an employment contract at the initiative of the head of the organization, regardless of the type of employment contract - fixed-term or unlimited.”

The employer for all employees, including the manager, is the LLC. Let us recall that it acts through its governing bodies. Therefore, the manager must notify the highest management body of the LLC about his dismissal. Articles 20, , 280 of the Labor Code of the Russian Federation; clause 1 art. 53 Civil Code of the Russian Federation; clause 4 art. 32 of Law No. 14-FZ:

• <или>general meeting of participants;
• <или>the only participant.

In general, participants do not need to make a decision to fire a manager if he wants to resign himself. But they are obliged to elect a new candidate for the sole executive body of the LLC. And the resigning director must convene their extraordinary general meeting to resolve this issue. pp. 1, 2 tbsp. 35 of Law No. 14-FZ.

Participants must be notified of the general meeting no later than 30 days before the date of the meeting clause 1 art. 36 of Law No. 14-FZ. Please note that each participant must have already received notice by this time. Therefore, if it is sent by mail, then the date of the meeting should be set taking into account the “mileage” of the letter.

Since the notice of convening a general meeting must indicate the issues on the agenda, this document will also serve as a notice of dismissal.

You can format it like this.

Member of Techservice LLC
I.N. Agafonov

Notification of an extraordinary general meeting of participants of Techservice LLC

Dear Ilya Nikolaevich!

Based on the powers granted to me by clause 5.6 of the Charter of Techservice LLC, clause 2 of Art. 35 and paragraphs. 1, 2 tbsp. 36 of the Federal Law of 02/08/98 No. 14-FZ “On Limited Liability Companies”, I inform you about the convening of an extraordinary general meeting of participants of Techservice LLC with the agenda of electing a new general director in connection with the early dismissal of the current general director at his own request. Statement by A.S. Petrov’s notice of dismissal is attached (entry No. 227 dated July 21, 2014).

The meeting will take place on September 1, 2014 at 10:00 am at the location of the company: 111401, Moscow, st. 1st Vladimirskaya, 31, building 2, office 106.

When an LLC consists of one participant, then from the day he receives the specified notice, he is considered notified of both the dismissal of the manager and the need to make a decision on the appointment of a new candidate to this position. Resolution 17 AAS dated July 24, 2014 No. 17AP-6075/2014-GK.

Since it is the general meeting that needs to be formally notified of this, and not the participants, then it will be considered notified on the day on which its meeting is scheduled (regardless of whether the meeting is held by the participants or not). Therefore, before resigning, the manager must work after the date of the general meeting for 1 month (in the absence of other agreements with the general meeting). That is, in total, at least 2 months from the date the participants received notice of the convening of an extraordinary general meeting.

The courts are liberal in this matter. In their opinion, the LLC is considered notified of dismissal from the date of receipt of the corresponding notification by the last participant in Appeal ruling of the Belgorod Regional Court dated June 26, 2012 No. 33-1744.

Let us remind you that the notification can be given to participants personally against signature. Or you can send by telegram or registered mail with acknowledgment of delivery:

• participant organizations - at their location address indicated in the Unified State Register of Legal Entities;
• for citizen participants - at the address of their place of residence, which the LLC has.

The LLC must have information about the addresses of citizen participants, because it is obliged to maintain a list of participants in pp. 1-3 tbsp. 31.1 of Law No. 14-FZ. Moreover, if the address is already out of date, and the participant has not informed the LLC about this, then notifying him at the existing address will be considered appropriate. Since all the risks associated with the participant’s failure to communicate current information about himself to the public are borne by the participant pp. 1, 3 tbsp. 31.1 of Law No. 14-FZ; Appeal ruling of the Omsk Regional Court dated November 21, 2012 No. 33-7337/2012.

If for some reason the list of participants was not kept, then you can look for their addresses in other LLC documentation. Such data can be found, for example, in 2-NDFL certificates (if any were submitted to the Federal Tax Service), in the constituent agreement, and sometimes in the charter.

It will not be possible to obtain this information from the Federal Tax Service, since the addresses of individual participants are protected personal data and tax secrets. pp. 1, 2 tbsp. 102 Tax Code of the Russian Federation; clause "d" part 1 art. 5, part 1 art. 6 of the Law of 08.08.2001 No. 129-FZ (hereinafter referred to as Law No. 129-FZ). The extract from the Unified State Register of Legal Entities provides only f. And. O. participants. And the only thing you can get from the Federal Tax Service is a response about the compliance of the data you provided about the addresses of participants with the data contained in the Unified State Register of Legal Entities Part 2 Art. 6 of Law No. 129-FZ; clause 11 of the Procedure, approved. By Order of the Ministry of Finance dated November 23, 2011 No. 158n.

Date of dismissal of the manager

At the general meeting, the participants must decide to elect a new sole executive body and determine on what day he should begin to exercise his powers, taking into account the date of dismissal of the current manager.

Accordingly, the day of dismissal of the manager, and therefore the last day of his work, may be:

• <или> the date indicated by the manager in the resignation letter, with which the participants agreed;
• <или> date on which 1 month expires, allocated to the manager to warn the employer about his dismissal and Articles 14, 280 of the Labor Code of the Russian Federation. This date will be considered the day of dismissal, in particular if the manager did not indicate the date of termination of the employment contract in the notice of dismissal. The month period is counted from the day following the day of notification of the employer about dismissal and Articles 20, , 280 of the Labor Code of the Russian Federation;. And if the monthly period expires on a day off, then the last day of work of the manager will be considered the first working day after this day off Art. 14 Labor Code of the Russian Federation.

Please remember that in some cases shortened notice periods for dismissal apply. For example, upon dismissal due to the inability to continue working due to enrollment in an educational institution, retirement, or due to other similar circumstances, the employment contract with the employee is terminated on the day specified by him Art. 80 Labor Code of the Russian Federation. The fact that these provisions also apply to managers was confirmed to us by Rostrud.

FROM AUTHENTIC SOURCES

“According to Article 280 of the Labor Code of the Russian Federation, the head of an organization has the right to terminate an employment contract early by notifying the employer (the owner of the organization’s property, his representative) in writing no later than 1 month in advance. At the same time, according to Art. 80 of the Labor Code of the Russian Federation, in cases where an employee’s application for resignation at his own request is due to the impossibility of continuing his work, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Since Ch. 43 of the Labor Code of the Russian Federation does not provide for specifics regarding the specification of the terms for the dismissal of managers due to the impossibility of continuing work, it seems that the provisions of Art. 80 of the Labor Code of the Russian Federation in this part also applies to heads of organizations.”

Rostrud

• <или> another date according to the agreement reached between the manager and the participants (it should be drawn up in writing, and it will be signed by the participant authorized for this meeting on the part of the general meeting) Articles 80, 84.1 of the Labor Code of the Russian Federation.

If the participants at the general meeting decide to dismiss the manager without his consent earlier than indicated in his application, despite the fact that there were no guilty actions on his part, then the basis for dismissal will no longer be the manager’s own desire, but the decision of the general meeting. clause 2 art. 278 Labor Code of the Russian Federation; Appeal ruling of the Vladimir Regional Court dated August 13, 2013 No. 33-2553/2013; Determination of the Leningrad Regional Court dated October 12, 2011 No. 33-5012/2011. And in this case, let us remind you that the manager is entitled to compensation upon dismissal and Art. 279 Labor Code of the Russian Federation.

Pre-dismissal efforts

The manager bears full financial responsibility for direct actual damage caused to the company by himself, and for losses caused to the company by his actions, in cases provided for by law. Art. 277 Labor Code of the Russian Federation; clause 2 art. 44 of Law No. 14-FZ.

Therefore, the resigning manager should, in particular:

• report on accountable amounts, if any, are registered with him, keep copies of all advance reports and documents attached to them and hand over all surpluses to the cashier;
• notify the certification center and the bank of his dismissal in order to prevent cases of misuse of his electronic signature verification key certificate on documents for counterparties and on payments in the Bank-Client system after he leaves the company;
• on the last day of work, hand over to the new manager the keys, seals and documentation of the LLC according to the acceptance certificate.

Self-dismissal procedure

The procedure for dismissing a manager is no different from the procedure for dismissing any other employee. Articles 16, 84.1, Ch. 43 Labor Code of the Russian Federation. The only peculiarity is that the manager himself can sign all the documents related to his dismissal - an order, as well as a work book, if the LLC does not have another employee responsible for maintaining work records. pp. 35, 45 of the Rules, approved. Government Decree No. 225 dated April 16, 2003.

In this case, the wording of the dismissal entry in column 3 of the “Information about work” section of the work book will be the same as for the dismissal of other employees at their own request: “Dismissed at their own request, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation and” pp. 13-15 of the Rules, approved. Government Decree No. 225 dated April 16, 2003; pp. 5.1, 5.2 Instructions, approved. Resolution of the Ministry of Labor dated October 10, 2003 No. 69. That is, refer to Art. 280 of the Labor Code of the Russian Federation (“Early termination of an employment contract on the initiative of the head of the organization”) instead of Art. 77 of the Labor Code of the Russian Federation, as sometimes happens in practice Appeal ruling of the Kemerovo Regional Court dated March 14, 2012 No. 33-2803, no need. This was confirmed to us by Rostrud.

FROM AUTHENTIC SOURCES

“ According to the Rules for maintaining work records, upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation (except for cases of termination of an employment contract at the initiative of the employer and due to circumstances beyond the control of the parties), a record of dismissal is made in the work book with reference to the corresponding paragraph of part one of this article. Therefore, when the head of the organization submits a resignation letter to the employer at his own request, the dismissal order and work book should indicate clause 3, part 1, art. 77 Labor Code of the Russian Federation.”

Rostrud

Making changes to the Unified State Register of Legal Entities

The new manager, within 3 working days from the date of appointment to the position, must submit to the Federal Tax Service an application for amendments to the Unified State Register of Legal Entities in connection with the change of the person who has the right to act on behalf of the legal entity without a power of attorney clause 1 art. 40 Law No. 14-FZ; item “l” part 1, part 4, 5 art. 5 of Law No. 129-FZ. The Federal Tax Service Inspectorate, within 5 working days from the date of receipt of this application, will register changes and exclude information about the former manager from the Unified State Register of Legal Entities Part 1 Art. 8 of Law No. 129-FZ.

The former manager himself cannot submit such an application to the Federal Tax Service. Therefore, he should check whether information about him has been excluded from the Unified State Register of Legal Entities. After all, while he is listed in the register as the head of an LLC, he may encounter difficulties, for example:; Resolution 5 of the AAS dated 10/09/2013 No. 05AP-7814/2013.

Features of dismissal due to inaction of participants

If the participants, notified of the convening of the general meeting and its agenda, did not hold the meeting and did not appoint a new leader, then the current leader may still resign. Since there are no other conditions for his dismissal, other than notification of this to the employer represented by the general meeting of participants within the prescribed period, the legislation does not provide for Art. 280 Labor Code of the Russian Federation. In this case, the dismissal procedure will be the same as described above.

The reasons why participants did not appear at the called meeting may vary. For example, leaving or being in a hospital for treatment. If this is so, then it is only a matter of time before they appoint a new leader.

ATTENTION

Notice of dismissal and convening of the general meeting, postal receipts for its sending to participants and delivery notices returned to the manager should be retained to confirm the fact and legality of dismissal.

In this case, if there is a deputy on staff (another employee whose responsibilities include replacing the absent manager), the manager needs to:

• issue an order to transfer the relevant powers to the deputy Articles 60.1, 60.2 of the Labor Code of the Russian Federation. And to represent the interests of the company in relations with third parties, you need to issue him a power of attorney clause 1 art. 185 Civil Code of the Russian Federation. In this case, we are talking about the transfer of only certain powers. Since making a decision to transfer to someone all the functions of the sole executive body is already the prerogative of the general meeting of participants;
• issue temporary bank cards with sample signatures of the deputy pp. 7.5, 7.13 Central Bank Instructions dated May 30, 2014 No. 153-I;
• hand over seals, keys, and company documentation to the deputy according to the acceptance certificate.

It also happens that participants simply leave their company. In such LLCs, the manager is usually the only employee.

In this situation, after following the entire dismissal procedure, the manager will definitely have to go to court with a demand from the participants to exclude information about him from the Unified State Register of Legal Entities.

And the departing manager can dispose of the documentation of the LLC (at the expense of the funds remaining with the LLC), in particular, as follows:

• <или>send a parcel with an inventory to one of the participants (for example, to the one who has the largest share) Appeal ruling of the Kirov Regional Court dated June 13, 2012 No. 33-1718;
• <или>transfer for safekeeping to a notary or an organization or entrepreneur specializing in the provision of such services, sending a notification about this to the participant clause 12, part 1, art. 22.1, clause 16, art. 35 Fundamentals of the legislation of the Russian Federation on notaries, approved. Sun 11.02.93 No. 4462-1.

In a similar manner, the employment contract is terminated early by the head of the joint-stock company. In this case, shareholders must be notified of the convening of an extraordinary general meeting at least 70 days before the date of its holding. And if the issue of appointing a sole executive body falls within the competence of the board of directors, then a notice of termination of the employment contract must be sent to the board of directors in Art. 273 Labor Code of the Russian Federation; subp. 8 clause 1 art. 48, paragraph 1, art. 52,

It is commonly believed that leadership positions are subject to different rules than ordinary positions. At the same time, in terms of dismissal, the procedure is not much different, the only thing is that there may be more grounds for terminating the employment contract with the head of the enterprise. But, as in the general case, compensation will be paid to the director upon dismissal.

Additional grounds for dismissal of a company director

Along with the standard reasons for dismissing employees, there are also special grounds for depriving them of their positions in relation to directors of enterprises:

1. A director may be dismissed from his position as head of a debtor company due to its bankruptcy.
2. The director can be asked to vacate the seat by decision of the owner of the enterprise or an authorized body without giving reasons.
3. The manager may be removed from office on the grounds listed in Article 278 of the Labor Code of the Russian Federation.

As a rule, the director of a company leaves his position by personal will, by agreement with the employer, due to violations of the law, or by decision of authorized bodies. The easiest way is to terminate the relationship by mutual consent - then the matter will not come to court proceedings. The law in such a situation provides only one option for canceling the dismissal - the employer’s simultaneous refusal to dismiss the director and the desire to remain in the manager’s position. But then there is no need to go to court - you can re-sign the cooperation agreement.

The company and its owner are obligated to provide the director with certain employment guarantees, including payment of compensation upon dismissal. If the employment contract did not say anything about compensation, this does not mean that payment will not have to be made - this is the law, this is an indispensable condition for early termination of the contract with the director at the initiative of the employer.

Another feature of the dismissal of a company director is the need to warn about the upcoming resignation from the position by personal will at least 30 days before the date of actual departure from work. A longer service period than in the general case is due to the fact that finding a new manager is much more difficult than finding an ordinary employee. Plus, during this month the director must explain the state of affairs to his successor or temporary replacement.

If the general director leaves the workplace of his own free will, he is not entitled to compensation, except in cases where its payment is provided for in the employment contract.

The dismissal of a manager may result from disciplinary violations. You can fire a director if:

1. He violated the duties assigned to the general director at least once:
   • committed a violation in terms of labor protection;
   • did not take material values ​​into account correctly;
   • incorrectly carried out statistical reporting;
   • exceeded his authority to obtain benefits.
2. He gave an order that caused the integrity of the property to be violated, the company's property to be misused, or the company to suffer damage.

Before dismissing a director and recovering funds from him for lost property or anything else, his guilt and the degree of guilt must be proven.

How is compensation paid to a director upon dismissal if there is no clause in the contract regarding its payment?

If the conditions for the performance of the employee’s duties, specified in the employment contract, worsen his position, which is determined at the legislative level, such conditions are considered invalid.

An employment contract is developed in such a way as to discuss and secure in advance the obligations and rights of the parties to the agreement, specify the position, the amount of wages, any additional payments and allowances, as well as the procedure for terminating the contract.

Despite the importance of an employment contract, first of all it is necessary to take care of the implementation of federal regulations, since they always take precedence over any local acts of companies. Therefore, even if the employment contract does not contain a clause on the payment of compensation to the dismissed director, it must be paid, since he is losing his job against his will.

When dismissing the director of an enterprise, an act is drawn up between him and the owner of the company (signed by the person accepting the affairs), which states:

• important points related to the functioning of the company;
• the current state of affairs in the company;
• material assets transferred by the manager upon dismissal;
• the fact of transfer of certificates of ownership of real estate, primary accounting documentation, licenses, registration and constituent documents;
• a list of agreements and contracts that were signed during the operation of the company under the management of the director;
• a list of powers of attorney that have been issued by the company to delegate certain powers to someone, and bills of exchange issued.

On the last day of work, the director must familiarize himself with the order of his dismissal, after which the documents are transferred to the accountant and the HR department employee. On the same day, the manager will receive a work book with a record of the reasons for dismissal and the rest of the money he earned. He will be paid his last month's salary, compensation for vacation to which he was entitled but did not have time to take it, severance pay in case of dismissal not of his own free will and not for disciplinary actions or violation of the law.

How much compensation is paid to a director upon dismissal?

If the employment contract does not contain instructions regarding the payment of compensation to the dismissed director, the amount is determined in accordance with current legislation and is paid only when the dismissal occurred by decision of the employer and not for culpable actions on the part of the director.

The amount of compensation that will be paid on the day of dismissal of the head of the enterprise must be indicated in the employment contract. In any case, its size should not be lower than the average monthly salary of the director for the 3 months preceding the dismissal (or 6 months in the case of the company operating in the Far North and equivalent areas).

The above does not apply to managers who have lost their jobs for committing guilty actions or who have decided to leave the enterprise by personal expression of will. But the director can count on such a payment, but only if the employment contract provided for generous amounts of compensation.

Legislative acts on the topic

Common mistakes

Error: The employer hired a general director. They entered into an employment contract, which did not stipulate payment of compensation upon dismissal. When the director was dismissed by decision of the authorized body, compensation was not paid.