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Company / Laws

What if the founder ignores the statement by the Director General of dismissal

Question - answer - Legal advice 24.09.2019 at 14:20

Question - answer - Legal advice

The Presidium of the Moscow city court and the Supreme Court of the Republic of Bashkortostan recently reviewed two similar cases (the Definition of the armed forces of the Republic of Bashkortostan from 25 April 2019 in the case № 33-8428/2019, the Decree of the Presidium of Moscow city court from March 19, 2019 in the case № 44g-0083/2019). In both cases, the Director General had filed a lawsuit against the founder of his organization on the recognition of the employment relationship is terminated. The reason for going to court was the fact that, despite the Director submitted a letter of resignation, the settlor after established by article 280 of the Labour code the notice period did not take any action to terminate the employment contract. The Supreme Court of the Republic of Bashkortostan violations in such a situation is not found in the claim of the employee was rejected. Upon expiration of the notice the employment contract between the parties actually is terminated. As for resigning, the status of the Director General enables him to issue the relevant documents. Exactly the same reasoning and the courts of first two instances, to consider the "Moscow" business. The judges came from the fact that the current legislation contains no prohibition against making layoffs in the company's General Director. Upon expiration of the notice, the Director himself had to issue the order on his dismissal, therefore, no illegal omission in violation of the rights of the plaintiff, the settlor did not commit.