On April 6, 2023, the 8th Cassation Court of General Jurisdiction issued Ruling No. 88-7953/2023 in the case on termination of an employment contract with the General Director of a limited liability company (OOO).
In the considered case, the General Director submitted an application to the employer on the termination of employment contract by mutual agreement of the parties. However, the parties did not agree on resignation terms, and the mutual agreement was not signed. At the same time, the powers of the General Director were terminated by decision of the sole participant of the employer.
The employer did not pay to the General Director compensation provided for by law in the event of termination of the employment contract by decision of the employer.
The Cassation Court upheld the position of lower courts on the recovery of monetary compensation in favor of the former General Director upon dismissal in accordance with Article 279 of the Labor Code of the Russian Federation, compensation for delayed payment of wages, as well as compensation of moral harm.