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一般而言,公司不会轻易撤换高管,而一旦决定撤换,则是必须为之,法律无须过问。当然,董事会解聘总经理,不影响公司与总经理之间“劳务合同”的效力。此时,总经理只能请求赔偿,而不能要求继续履职去年3月,国内一家有限责任公司的董事会做出决议,以该总经理挪用公司资金用于炒股并造成公司亏损为理由,免除其职务。总经理不服,诉至法院。一审法院查明,总经理存在一些违法经营情况,
In general, the company will not easily replace the senior management, but once the decision is made to replace it, it must be done without any legal questions. Of course, the dismissal of the general manager by the board of directors does not affect the effectiveness of the “service contract” between the company and the general manager. At this point, the general manager can only claim for compensation, and can not claim to continue to perform In March last year, a domestic limited liability company’s board of directors to make a resolution to the general manager of misappropriation of company funds for stocks and the loss of the company as a reason to exempt Position. General manager refused to accept, sued the court. The court of first instance identified that the general manager had some illegal operations,