How to make the dismissal of the General Director

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2020-07-02 22:29:54

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When you want to break the employment relationship with ordinary workers, they often encounter difficulties. And the dismissal of the Director General – is a special case, requiring competent to carry out all legal procedures.

First, you will need the correct paperwork and must notify the tax bodies and other authorities. The error in the paperwork for dismissal can lead to restoration of the head in court. The order of dismissal of the General Director it is necessary to observe fully, considering all the conditions, stated in the Labor code, to avoid the negative consequences associated with labour.

The Procedure for dismissal will require changes in the constituent documents of a company. The Foundation agreement or the Charter should contain information about who has the right and may grant a position or to make the dismissal of the General Director. In most cases, the authority competent to perform these procedures, performs General constituent Assembly of the organization.

However, not all companies prescribe the conditions in the Charter of the organization. In such a situation will have to perform the common procedure. In line with this, the hiring or dismissal of the General Director was made by the founders. To resolve the issue of dismissal of the leader, you should hold the founding General meeting of the company. The dismissal of the General Director fixed by signatures in the minutes of the General meeting.

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

In accordance with the labor law grounds for deprivation of office of Director must be the same as for other employees. You can't dismiss a person just because he no longer suits the owners of the company. But if the employment contract contains a condition that the head can be dismissed by decision of the founders, then the dismissal is lawful.

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The Labor code stipulates additional grounds for producing the dismissal of the General Director. This poor financial performance of the company. To determine these indicators, you must first carry out an internal audit (analysis of the company's activities), to draw conclusion about the poor state of Affairs of the company and, as a result of unsatisfactory work of a Director.

In the work book that is terminated, Director-General not recorded the grounds for his dismissal is usually stated that the basis for the dismissal of the head was the decision of meeting of founders.

In some cases, the desire to quit comes from the Director. In this situation, in the name of the founders of the company should write on the paper the application on dismissal at own will. However, unlike ordinary employees, the Manager must notify the founders of its intention to resign not later than a month. But in this case would require the holding of a meeting of founders of the company. And in the workbook write about the fact that the dismissal of the General Director is made on the basis of the decision obsecrationem meeting. About this fact of dismissal need to report to tax authorities and to the Bank servicing the company.

After the departure of the Director of the organization cannot run without a leader. If the founders are not decided on the candidacy of a new top Manager, you should assign some time acting. For this position you can put a Deputy of the former CEO, some of the founders or chief accountant. A new appointment will also need to notify the Bank and tax office.


Article in other languages:

ZH: https://www.tostpost.com/zh/business/40624-how-to-make-the-dismissal-of-the-general-director.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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