Does the Chairman of the Board of Members of a LLC with two or more members have the right to dismiss the General Director?
The Chairman of the Board of Members has rights and obligations based on Clause 2, Article 56 Enterprise Law as follows:
Chairman of the Board of Members
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2. The Chairman of the Board of Members has the following rights and obligations:
a) Prepare programs and activity plans of the Board of Members;
b) Prepare the agenda, content, and documents for meetings of the Board of Members or to collect opinions from members;
c) Convene, chair and chair meetings of the Board of Members or organize consultations with members;
d) Supervise or organize supervision of the implementation of resolutions and decisions of the Board of Members;
d) On behalf of the Board of Members, sign resolutions and decisions of the Board of Members;
e) Other rights and obligations according to the provisions of this Law and the company's Charter.
Besides, based on point dd, clause 2, Article 55 Enterprise Law 2020 as follows:
Council members
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2. The Board of members has the following rights and obligations:
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d) Election, dismissal, dismissal of the Chairman of the Board of Members; decide to appoint, dismiss, dismiss, sign and terminate contracts with the Director or General Director, Chief Accountant, Controller and other managers specified in the company's Charter;
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From the above regulations, it can be seen that the Board of Members of a LLC with two or more members has the right to decide on the appointment, dismissal, dismissal, signing and termination of contracts with the General Director.
Therefore, the authority to dismiss, dismiss or terminate the contract of the General Director will belong to the Board of Members, not the Chairman of the Board of Members.
However, it should be noted that if the General Director works under a labor contract, the Board of Members will only terminate when there is a basis for unilateral termination in accordance with labor laws or choose a way to reach agreement.