How to correctly make an entry in the work book of the general director?

Who fires the CEO of an LLC?

The head of the organization acts as an executive body representing its interests and managing current activities. The decision to dismiss the general director is made by:

• owner of assets - in an institution or unitary enterprise;
• general meeting of founders, board of directors - in an LLC or JSC.

Based on the decision made and the minutes (drawn up at the meeting), the standard dismissal procedure is launched:

1. an order is issued;
2. entries are made in the employee’s personal card and work book;
3. calculations and issuance of working documentation are carried out;
4. Information about changes must be reported to regulatory authorities within 3 days after the appointment of a new director.

Termination of employment with the manager is possible both on the general basis regulated by Art. 77 of the Labor Code of the Russian Federation, and on additional ones (Article 278 of the Labor Code of the Russian Federation). The latter relate directly to the director.

The grounds for dismissal of a director may include:

• own desire (Article 280 of the Labor Code of the Russian Federation) - the manager declares his decision 1 month before leaving;
• consent of the parties - an agreement is concluded on the terms of termination of the contract (for example, the amount of “compensation” is stipulated);
• decision of the founders, according to clause 2 of Art. 278 of the Labor Code - in this case, the owners have the right not to disclose the reason for termination of a fixed-term or open-ended contract (clause 9 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 21 of 06/02/15);
• carrying out bankruptcy proceedings, appointing a bankruptcy manager to the place of director (clause 1 of article 278 of the Labor Code);
• insufficient qualifications, mismatch of professional skills for the position;
• incompetence, causing harm to the economic activity of the organization or the health of employees as a result of the actions or inaction of the manager;
• violation of discipline (absenteeism, drunkenness at work, theft and damage to property, drawing up false documentation, and so on);
• liquidation of an organization - the manager is notified of the closure at least 2 months in advance;
• reluctance to transfer to work in another area when the organization moves;
• change of owner of enterprise property;
• completion of the employment contract period - the manager is notified of its completion at least 3 days in advance;
• deterioration of the citizen’s health (medical indications), his refusal to transfer to another position with easier working conditions.

According to Art.
81 of the Labor Code of the Russian Federation, it is unacceptable to dismiss a director during vacation or while on sick leave. It is also impossible to terminate the contract if the manager is a pregnant woman (Article 261 of the Labor Code of the Russian Federation). In these cases, dismissal is permitted only as a result of liquidation of the organization.

1. The general director of the company himself has the right to initiate the termination of the contract, who is obliged to notify the founders of his desire one month in advance (Article 280 of the Labor Code of the Russian Federation). The owners are sent a corresponding application (by registered mail with acknowledgment of receipt).
2. Next, the board of founders meets to discuss the issue of early removal of powers from the director and the appointment of a successor (is it possible to fire a director without appointing a new one?). As a result, a decision is made, a protocol is drawn up - this becomes the basis for dismissal.
3. Next, an order is issued, the corresponding entries are made in the personal card and work book of the manager.
4. After the working period (standard - 1 month, unless otherwise provided), a settlement is made with the director, he is given working documentation, information about the changes is transmitted to the regulatory authorities.

Even if the founders disagree with the dismissal of the director, they should not interfere with his decision. After notifying the owners of his resignation, the manager has the right to resign after serving the period specified by law.

https://youtu.be/Bo4trwJI4nU

Step-by-step instructions for depositing

1. 
   As in the work books of ordinary employees, information about dismissal is produced by the following serial number, indicated in column 1. It should be remembered that only significant records, indicating the real movement of the employee within one or more organizations, are numbered.

2. Then enter the date in the format 01/01/2000, which reflects the last working day of the director, after which column 3 is filled in.
3. Here it is necessary to write down the reason for the dismissal of the general director, indicating the article of the Labor Code on the basis of which such a decision was made.
4. In the fourth column, two documents can be indicated simultaneously as the basis - the dismissal order and the minutes of the meeting of the founders. It is important to remember that first the name of the document is indicated, then the date of its publication and the corresponding serial number.
5. The director must sign that he has read the information entered and put the seal of the organization, which is in his hands until the last moment of fulfillment of his job duties.

Next, you can see in the photo a sample entry in the work book about the dismissal of the general director.

Watch the video on the subtitle topic:

Who signs the TC if the general director is the only founder?

If the manager is the sole founder, the dismissal procedure is simplified. According to Art. 273 of the Labor Code of the Russian Federation, special rules of the Labor Code on the dismissal of company managers do not apply to such an employee.

That is, the director has the right to declare dismissal at any time and carry out the procedure. He forms an order and a decision, on the basis of which he relieves himself of authority. Before the date indicated in the documents, he must transfer the affairs to the new manager. In this case, standard work for a month is not required.

From Art. 273 of the Labor Code of the Russian Federation, we can conclude that the labor code does not oblige the director to make entries about hiring and dismissal in the work book. Since the director and founder are one person, drawing up an agreement is also not necessary.

However, personnel officers still recommend making entries, primarily to confirm the time and fact of the director’s work, during which insurance premiums were deducted for him.

Upon dismissal, the work book (LC) is drawn up in a standard manner on the basis of the dismissal order, the signature is affixed directly by the founding director.

Rules and examples of making entries in the work book

An employment contract with an elected person is concluded on the basis of the minutes of the meeting.

As mentioned earlier, the Instructions for filling out work books do not contain provisions reflecting the procedure for drawing up a director’s work book.

Therefore, when filling out this document, you can do either:

• Based on general rules. At the same time, upon taking office, the director issues the first order of his appointment. The basis is the decision of the members of the general meeting to elect a director of the company, which in turn is supported by the minutes of the meeting and the fixed-term employment contract concluded based on its results.
• Based on the practice that has developed over the past decade, when a record of appointment to a post is made in the director’s work book based on the minutes of the general meeting.

Regardless of the document that serves as the basis for making an entry in the manager’s work book, all wording when entering data into the book must comply with regulations and articles of the labor code governing the procedure for filling out, maintaining and issuing and storing work books.

https://www.youtube.com/watch{q}v=Bo4trwJI4nU

Examples of entries in work books about appointment as director:

• Entry in the director’s work book based on an order for the enterprise

• Entry in the director’s work book based on the minutes of the general meeting

What to write in the appropriate column if a manager resigns?

When making an entry in the work book, you should adhere to the following rules:

• the wording corresponds to that in the order;
• there must be a reference to the normative act without abbreviations and acronyms;
• It is permissible to use purple, blue or black ink;
• the recording is made in Russian, but duplication in a foreign language is possible if an organization from another country is located in the Russian Federation;
• corrections, erasures and cross-outs are not allowed - if an error is made, an edited entry is made under the next number.

The procedure for filling out a work book upon dismissal of a director is standard. It is regulated by the rules outlined in:

• Government Decree No. 225 of April 16, 2003.
• Resolution of the Ministry of Labor No. 69 dated 10.10.03.
• Art. 66 Labor Code of the Russian Federation.
• Letter of Rostrud No. 5205-6-0.

When registering a job, data is entered in all columns of the “Work Information” section:

• record number in order;
• date in the format “dd.mm.yyyy” (Arabic numerals);
• basic information about termination of employment relationships;
• the document on the basis of which the entry is made.

The employer is responsible for the storage and correct execution of work books. If the document is filled out incorrectly by the founding director, responsibility rests with him.

The following persons have the right to sign the manager’s work book upon dismissal:

• the person who certified the appointment order;
• a personnel employee or citizen authorized to maintain documentation;
• Chairman of the Board of Founders, guided by the decision made;
• directly by the director (if there is no need for a meeting of the owners of the organization).

It is convenient when an authorized employee is involved in maintaining and preparing work books - usually the head of the personnel department.

When terminating an employment contract, the head of an organization should study information about what payments are due to the general director and what the responsibilities of directors are after dismissal.

By decision of the founder

Filling out a work book about the dismissal of a director by decision of the owners of the organization is carried out as standard; the difference may lie in the grounds for termination of the contract and supporting documentation:

• If the procedure for terminating a working relationship with a manager is carried out by decision of the founders, a reference is made to clause 2 of Article 278 of the Labor Code.
• If the termination of the contract is related to bankruptcy, the same legislative act is indicated in the labor contract (Article 278), but with reference to paragraph 1: “The employment contract was terminated due to the removal of the debtor director from office in accordance with bankruptcy legislation, paragraph 1 Art. 278 Labor Code of the Russian Federation."
• In case of dismissal due to a change of owner, the regulating law is clause 4, part 1, art. 81 Labor Code of the Russian Federation.
• If termination is carried out on grounds of guilt, a reference is made to the corresponding paragraph of Art. 81 Labor Code: in case of failure to fulfill labor duties - to paragraph 10, in case of damage to the organization due to an unjustified decision - to paragraph 9 and so on.
• In practice, a situation occurs when a contract with a manager is terminated in order to immediately draw up a new one with another employer (transfer).

  For example, if the founders own several enterprises and decide to transfer the director from one to another. Then the basis is the transfer (Clause 5. Part 1 of Article 77 of the Labor Code of the Russian Federation).

The labor document must indicate who initiated the transfer. If the director, the information is written “at the request of the employee”, if the founders - “with the consent of the employee”.

Sample entry in the work book about the dismissal of a director by decision of the founder:

At your own request

The director himself or an authorized person makes an entry into the work book at his own request. The basis and the article regulating it are the same as for terminating a contract with ordinary employees: “Dismissed at his own request, clause 3. Art. 77 Labor Code of the Russian Federation."

The document is signed directly by the director or an authorized person.

Sample entry in the work book when dismissing the director of an LLC at his own request:

The dismissal of the head of an enterprise can be carried out either on his initiative or by decision of the founders. An important point is the legal registration of the procedure, which ends with making a corresponding entry in the employee’s work book. The wording in the document reflects the basis for the director’s dismissal and necessarily refers to legislative and constituent regulations.

Legislative aspects of dismissal of a director

The work book must be filled out taking into account the requirements of the law. This will allow the owners to avoid unnecessary disputes with the former general director or the labor inspectorate, which may demand that the dismissal be declared invalid.

Lawyer's opinion

Dmitry Ivanov

Legal Support Center

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The rules for handling, maintaining and maintaining a work book are regulated by several legal acts. Thus, the Labor Code lays down the basic mechanisms for handling the book.

https://www.youtube.com/watch{q}v=nfNtEfkAklQ

In Art. 66 of the Labor Code of the Russian Federation spells out the concept of a work book, the procedure for using the document, the responsibility for maintaining work books is assigned to the employee, who regulates the procedure for making entries, and allows adding information about part-time work at the discretion of the employee.

The requirements for correctly filling out work books are regulated in Part 5 of Art. 84.1 of the Labor Code and clause 14 of the Rules for maintaining work books, approved by Decree of the Government of the Russian Federation of 2003 No. 255. They indicate that entries in the work book should be made in accordance with the wording of the article, which is specified in the Labor Code.

The procedure and current regulations for filling out work books were approved by the Ministry of Labor in 2003 in the Instructions. When filling out the fourth column of the work book, you should pay attention to Letter of Rostrud of 2010 No. 2894-6-1.

As a rule, dismissal issues are resolved in the same area as the conclusion of an employment contract. In an LLC or JSC, the director must be dismissed by a decision of the meeting of participants or shareholders, if such a nuance is specified in the charter of the enterprise.

In a budgetary or unitary enterprise, the dismissal process is determined by the owner of the assets.

In non-profit companies, such issues are regulated by constituent documents. So, often, the dismissal is carried out by the owner of the assets, but the decision must be made by the team before this and such a process is formalized in the form of a protocol. However, violation or inconsistency of the procedure for convening and holding such a meeting of the labor collective may lead to the dismissal of a manager being declared illegal through the court.