Entry of the dismissal of the general director in the work book: rules for registration and sample document

Making entries in the work book

As a general rule, the general director is considered the sole executive body of the organization. He makes management decisions personally without obtaining a power of attorney from the founders. Accordingly, it is he who acts as the employer and is responsible for storing work books, as well as making entries in them in accordance with the law.

While the organization is operating, the general director has the right to issue orders on personnel matters, including in relation to himself. For example, he can provide himself with annual paid leave, since he is the immediate manager of the organization.

Also see: The Most Important Thing About CEO Salary.

If the general director is to be dismissed, the employment record must be signed by him (if there is no other person authorized by him to do so). This provision on the work of an LLC is enshrined in Article 40 of Law No. 14-FZ. The day of dismissal is officially considered the last working day, so the general director has every right to act as the head of the organization, since he is the employer. He independently certifies the entry in the work book with his signature.

An entry in the book can also be certified by the owner of the company - the sole founder or one of them. If an employment contract is concluded with the general director, it is also signed by one of the founders, acting on behalf of all the founders of the company.

Errors during registration

Violations in personnel work are often allowed. There are both minor shortcomings and major violations for which fines are provided. 7 examples of errors when making records

The employee's initials are not indicated.

For example, they write: Kuznetsov instead of A.K. Kuznetsov.

Extra entries are added.

For example, a personnel officer confirms an already known fact with the words: “I have read the recording.” A simple signature is enough. The employee's autograph is proof.

The signature is not decipherable at all.

This is indeed a problem. After all, some people have such an incomprehensible painting that it is difficult to say who it belongs to. Therefore, decryption is required.

The HR service stamp is affixed. The HR service stamp cannot be affixed; the document is certified only by the signature of the manager.
They put a stamp on it in a sweeping manner.

The seal must be used carefully. Signatures and order details must be read.

The secretary fills out personnel documents, but there is no order on the transfer of authority.

An order is definitely needed. If there is no order, then the documents must be filled out by the manager or private entrepreneur.

They forget to indicate the position of the specialist.

It is necessary to indicate the position, since the document is submitted on the last working day. This means that the specialist is still performing his duties, and the position must be indicated.

General design rules

The question often arises of how to fire a CEO. Labor difficulties arise with recording, since the law does not make exceptions for heads of organizations. All personnel records in their regard are prepared as for ordinary employees.

When dismissal, the reason for dismissal must be reflected in the work book. We list the most common formulations:

at your own request;
in connection with the adoption of a decision by the meeting of shareholders;
in connection with the termination of the organization’s activities;
on the basis provided for in paragraph 3 of Art. 278 of the Labor Code (usually this provision is used if the general director is fired due to improper performance of duties).

In particular, in Art. 278 states that an employment contract can be terminated due to the grounds established by it. That is, if the founders entered into an agreement with the manager, and he failed to fulfill the duties assigned to him, the work book must indicate dismissal under this article of the Labor Code.

Also see “Entry in the work book about dismissal during liquidation of the enterprise.”

Checking for correct filling

To avoid difficulties in the future when checking your work by the Labor Inspectorate, after filling out the record, make sure that:

The article of dismissal is indicated correctly, without abbreviations.
The entry bears the signature of both the personnel employee and the employee with a transcript of the signature.
The seal of the organization is affixed at the end of the information about dismissal.
The basis is entered in the correct sequence - first the date, then the number.

If during the employee’s period of work in this organization his personal data (for example, last name) has changed, this should be reflected by a correction on the title page. In addition, provided that your organization is making entries in the employee’s work book for the first time, check that the title page is filled out correctly and that the organization’s seal is on it before handing over the document to the employee.

Features of dismissal of the CEO

Correctly recording the dismissal of the general director is not the only task of the founders of the LLC, who will have to change the director. Society must also:

hold a meeting and prepare a decision on changing the manager;
data on the change of the executive body of the company must be transferred to the tax office within the established time frame.

Also see “We notify the Federal Tax Service about the change of the general director.”

On the day of dismissal, a full settlement must be made with the former head of the enterprise. He receives the benefits he is entitled to.

How to fill?

The first step is to indicate the serial number of the entry that will be made.
The termination date of the employment contract is set.
A record of the director's dismissal is made in. The entry indicates the reason, for example, at your own request. In addition, a reference to the article of the Labor Code of the Russian Federation that served as the basis for this is required (clause 1 of Article 278 of the Labor Code of the Russian Federation).
The adjacent column indicates the registration number, name and date of the document on the basis of which the entry is made, sample: Minutes of the general meeting of company participants No. 15 dated 05/20/2018.

A new entry made in the work book must be certified by the seal of the organization, as well as two signatures:

a company specialist appointed responsible for maintaining personnel records;
dismissed employee.

If the director of the organization is its sole participant, then he puts these two signatures himself.

In the photo you can see what the entry in the work book about the dismissal of the general director looks like:

Dismissal of the director of an LLC at his own request: registration in 2021

Let's look at how to fire a director step by step.

Step 1. Submit a resignation letter

In order to express your desire to resign from the position of director, you must draw up a statement about this. The structure of this document is slightly different from the application of an ordinary employee.

An application for dismissal of a director must be sent to his superior management - the owner of the company. If the company is founded by several people, then the application must be addressed to the meeting of participants. If there is only one founder, then the document must be drawn up specifically in his name.

The text of the application must state a request to be relieved of his position and make a reference to Article 280 of the Labor Code. It establishes the legal relationship between the parties in this case.

The director then signs and dates the document. It must be remembered that according to the rules, it must be drawn up no less than a month before the desired date of dismissal.

Attention! The secretary or personnel officer must register the document and make as many copies of it as the founders company has. On each of them you need to put a stamp “Copy is correct” and certify it with a signature.

Step 2. Convening a general meeting of founders

To carry out the dismissal procedure, you need to convene an extraordinary general meeting of the founders. To do this, each of the founders of the company is sent a notice of convening the meeting by registered mail with acknowledgment of receipt.
Also, each letter must include a list of attachments indicating all attached documents.

The charter of the company may indicate another method by which it is necessary to conduct a meeting of participants. However, mailing is still a fairly simple and reliable method.

Letters are sent to the addresses of participants indicated in the Unified State Register of Legal Entities or the current register. If a situation arises that the same person has different addresses in the statement and in the register, then it is necessary to send a letter to each of them.

The main attachment of the letter is a message that must indicate the place, time and date of the extraordinary meeting. Here you can also put down the future agenda - termination of the contract with the director of the company.

Step 3. Drawing up a dismissal order

Due to the fact that the director is considered a financially responsible person, a complete inventory must be completed before his dismissal.

The dismissal order is issued on the basis of the compiled minutes of the meeting of founders. The document can be drawn up on a standard T-8 order form, or you can use a company letterhead and format the text as you please.

Any order of dismissal must be signed by the head of the company. The same applies to his own dismissal. If the manager cannot sign the document, for example, due to illness, then this can be done by an authorized person. The rights to sign a document are transferred using an order or power of attorney.

The basis for termination of the contract in the order is stated in paragraph 3 of Article 77 of the Labor Code of the Russian Federation. As a basis for drawing up the document, it is necessary to record the data of the application for the dismissal of the director and the decisions of the founders.

The director also signs the document in the familiarization column. After this, the order is registered in the order book.

Step 4. Make a note of dismissal in your personal card

The director’s personal card must include information that he has been dismissed from the company and indicate the details of the order. This information is indicated in the line “Grounds for termination of the employment contract (dismissal).” After which it is necessary for the employee to sign that he has read this record.

See a sample of filling out a personal card in form T-2

Step 5. Making an entry in the labor record

Like an ordinary employee, the director needs to make an entry in the work book about the dismissal. It should be drawn up as follows: “The employment contract is terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.”

Column 4 records not the details of the order, but information about the minutes of the meeting of participants, how the dismissal of the manager was accepted.

The employment certificate must be handed over to the director on his final working day in the company. Upon receipt, he must also put the visa in the labor register.

Step 6. Compose a note-calculation and carry out the calculation

When dismissing a director, like an ordinary employee, it is necessary to make a full settlement with him for the amounts due to him. To do this, the accountant must carry out the calculation and enter this information into the calculation note in the T-61 form.

Upon dismissal, the director is entitled to the following payments:

Salary for hours worked.
Compensation for unused vacation, if it was used in full.
Severance pay, if it is provided for in the employment contract or in the collective agreement.

Sample of filling out a notice for dismissal

Important! If on the last day of work no settlement was made with the dismissed person due to his absence, then the money must be paid later than the next day from the date of presentation of the demand.

Step 7. Issue work-related documents to the employee

On the last day of work, the dismissed person must be given the following documents:

A work book with an entry on the termination of the employment contract included in it. In this case, the former employee must sign in the Book of movement of work books and inserts to it about receipt of this document.
Certificate in form 182 about the amount of income received over the last 2 years. Necessary for calculating sick leave at a new place of work.
At the employee’s request, certified copies of documents related to his work activities can be provided: copies of orders, statements, etc.
Information about paid and accrued payments to the Pension Fund.
Information about the length of service in the form SZV-STAZH. This is a new form used since 2017.

Important! If an employer does not issue a certificate in the SZV-STAZH form upon dismissal, then a fine of up to 50 thousand rubles may be applied to him.

Step 8. Notifying government agencies

Under an ideal set of circumstances, the dismissal of the old director and the appointment of a new one occur simultaneously. Therefore, all concerned authorities must be notified about this.

An application for a change of manager, Form 14001, is drawn up and submitted to the tax office. This must be done within three days from the date the new manager accepts the position. His signature must be notarized.

Attention! If the specified deadlines are not met, a fine will be imposed on the company. After receiving this document, INFS itself notifies all extra-budgetary funds.

Step 9. Other actions

If the director was a person liable for military service, then it is necessary to notify the military registration and enlistment office within two weeks from the date of dismissal. To do this, you must send a notification to the military registration and enlistment office either by mail or by personally visiting this government agency.

Can a director fire himself if he is the only one on staff?

Since the manager enters into an employment contract with the owners of the company, the change of director in the LLC must take place with their knowledge. He cannot independently issue an order for his dismissal.

Therefore, when a contract is terminated, the director must first convene a general meeting and then submit copies of his application to them.

Attention! If the owners do not appear at the meeting or, as a result of the meeting, do not resolve the issue of appointing a new manager, then he has the right, after waiting one month, to cease fulfilling his labor duties.

Another option is if the founder and general director are the same person. Labor law allows for the possibility of entering into a contract with oneself. Therefore, such a person can dismiss himself on behalf of the founder, and for this it is enough only to issue an appropriate decision. However, if the company continues to exist, a new director will need to be elected.