The rights and obligations of the director, like any other employee, are governed by labor law. Termination of an employment contract with the head of an enterprise, whether it is a limited liability company, a closed or open joint stock company, occurs according to the rules established by law.
Instructions
Step 1
In addition to the Labor Code of the Russian Federation, some aspects of labor relations with the head are regulated by the charter of the enterprise. So, in the constituent documents it may be indicated during what period the director must fulfill the duties assigned to him. Regardless of this, the head of the organization (enterprise) has the right to early termination of the employment contract, notifying the owner of his decision one month in advance.
Step 2
The director must write in the usual form a letter of resignation to the meeting of the founders (shareholders, sole participant or shareholder). The meeting of founders considers the application of the director at an extraordinary meeting and makes a decision on his removal from office and the appointment of a new director. This is reflected in the Decision or Minutes of the meeting.
Step 3
The retiring director must hand over the documents and the seal of the enterprise to the authorized person, get his hands on a work book with a record of the dismissal made in it. The grounds for dismissal are the reasons listed in Chapter 13, as well as in Chapter 43, Article 278 (Additional grounds for terminating an employment contract with the head of the organization).
Step 4
The enterprise is obliged to notify the territorial tax authority, Goskomstat and other interested organizations about the changes that have occurred. To notify the tax authority that keeps records of legal entities, a special application form is provided, in which the new director is the applicant. It is notarized and submitted within the timeframe established by law - no later than three working days from the date of the decision on the appointment of a new director.
Step 5
If the director is at the same time the only participant in the company, he must make a decision to resign and appoint a new director and draw up this in writing. Technically, the procedure is no different from the one described above. The withdrawal of a participant from the company is regulated by other legal norms.
