When they want to break the employment relationship with the ordinary workers, they often have difficulty.A dismissal of the General Director - is a special case requiring competent of all legal procedures.
Firstly, the need to correct the paperwork, and you must notify the tax authorities and other institutions.Errors paperwork for dismissal could lead to the restoration of the head of the court.The procedure for the dismissal of the general director must be met in full, taking into account all the conditions prescribed in the Labour Code in order to avoid the negative consequences associated with the labor inspectorate.
dismissal procedures require changes in the founding documents of the company.Memorandum and articles of association must contain information about who is entitled to and may provide a position or make the dismissal of the CEO.In the bulk of cases, such a body, authorized to perform such procedures, serves the general constituent assembly of the organization.
However, not all of these terms and conditions prescribed in the charter of the organization.In this situation, it would have to perform a general procedure.In accordance with the hiring or dismissal of Director General to make the founders.To resolve the issue of dismissal of the head should hold a general constituent assembly of the company.The dismissal of the general director of the signatures attached to the minutes of the general meeting.
Meeting shall be held as well as in other cases, compliance with all formalities.
In accordance with the labor laws of the grounds for the deprivation of the post of Director shall be the same as for other employees.You can not dismiss a person because he is no longer satisfied with the company's owners.But if the employment contract contains a condition that the manager can be dismissed by the founders, that this dismissal is legal.
Labour Code stipulates and additional grounds to make the dismissal of the CEO.This poor financial performance of the company.To determine these parameters, you must first make an internal audit (analysis of the company), to issue an opinion on the unsatisfactory state of affairs of the company and, as a consequence of the poor performance director.
in the workbook to dismiss the general director are not written grounds for his dismissal, usually note that the reason for his dismissal was the decision of the head of the founders' meeting.
In some cases, the desire to leave comes from the director.In this situation, the name of the founders of the company should write on the paper application for voluntary redundancy.However, in contrast to ordinary employees of the company, the manager must notify the founding of his intention to resign no later than a month.But in this case, it will require a meeting of the founders of the company.A workbook to record that the dismissal of the general director is made on the basis of the decision obscheuchreditelnogo meeting.On this fact of dismissal must be reported to the tax authorities and the bank that serves the company.
After retiring director of the organization can not work without a leader.If the founders have not decided on the candidacy of a new top manager, you should assign for some time acting.In this post you can put the former Deputy Director General, some of the founders or chief accountant.A new appointment will also need to notify the bank and the tax office.
