How to apply for leave to the general director. Should a director write a vacation application for himself?

Any company employee has every right to rest, because in terms of his rights he is no different from an ordinary person. This clause is also spelled out in the Labor Code, so any company owner must follow it.

Everyone knows how to write an application so that it is correctly completed, but the general director’s vacation is a completely different question, the answer to which may not be specified in the Labor Code. The situation becomes especially difficult if the CEO is the founder of the company.

According to the charter

The first document where the entire path to obtaining leave for the general director can be precisely spelled out is the main charter of the company. As a rule, a condition is written down under which the director can gather all the founders who resolve the issue.

Algorithm of actions:

• the director must draw up and write a statement addressed to the chairman of the meeting of founders;
• after this, the meeting makes a decision;
• according to the decision made, an order is issued;
• during vacation, the meeting appoints another person to replace the director.

Such an order will have to be signed by the director himself, which indicates the name of the person who will occupy the temporary place of the vacationer, as well as the duration of the vacation. After the director returns from vacation, the HR employee will have to enter all the information into.

Do I need to write a leave application to the CEO?

The director will have to write a leave application, like any other employee. The form must contain completed fields for the time of absence and the name of the originator. The document is sent to the shareholders, who will have to consider the application.

But there is also a way in which the procedure does not require filing an application. In this case, the document will not be sent to the shareholders, which means you will be able to go on vacation as soon as possible. All that is necessary with this option is to draw up an order that will temporarily appoint an acting director.

In fact, most directors do not even need to take leave, as the company's articles of association simply do not specify how the entire operation should be carried out. If the director takes advantage of this opportunity, he writes down his vacation period in advance.

What should a director prepare if he wants to go on vacation:

• Employment agreement establishing deadlines.
• Order in the prescribed form. But only in the case when he himself has the authority to sign a vacation order for himself. Since this document is a simple formality, even the chairman of the general meeting can sign and draw up an order.

The director may transfer his place during vacation to the following persons:

• Deputy Director.
• An employee who carries out instructions from the director.
• Head of a structural unit.
• An employee specifically hired to fulfill temporary obligations. Such people are hired using a “fixed-term” contract.

The law itself does not prescribe in any way what experience or level of qualifications a person who can be appointed as a temporary executor should have.

Drawing up and sample order

The procedure for issuing a leave order for the personnel department will be drawn up completely differently, depending on who is lobbying for the granting of leave to the director.

If the decision rests entirely on the shoulders of society, then the order must be signed by the person chosen by society for this action. All powers of such representatives of the company are specified in the minutes of the general meeting. Then it is necessary to draw up a document of form T-6.

But this document will be slightly changed according to the rules that are prescribed in Resolution No. 20. In this case, the column “Authorized person of the company” will be changed. That is, the name of the person who was chosen by the society to sign the document will be written here.

In the case where the director is responsible for drawing up and agreeing on leave, the application for leave will be written in form T-6 and must be signed by the director himself.

The order must contain:

• requisites;
• number;
• first name, last name, first name;
• job title;
• structural subdivision;
• working year;
• duration of vacation, calculated in calendar days.

Delegation of authority

There are companies that prescribe in their charter that the name of the company can be represented by several persons at once. In this case, there is no point in transferring powers to someone; in the opposite situation, you have to appoint someone who will replace the director in his place as a manager.

In order to appoint a certain person as a temporary director, an order is written indicating the powers that the employee receives, as well as the period of work. In addition, to ensure that the company is on the safe side, the company issues a power of attorney, which allows a person to act on behalf of the LLC.

If the selected employee does not have a clause in his employment contract that allows him to perform the duties of a director in his absence, then an additional document must be drawn up. The new contract will have to allow a person not only to work in his position, but also at the same time to be a temporary acting director.

By and large, the company calculates the transfer of powers and other important steps in advance, since the departure of the general director will sooner or later take place.

That is why many people try to show their best side in order to get a temporary position and try to fulfill all the obligations perfectly. In some cases, the board of the society notices talent, zeal and desire to develop, thereby opening the way for promotion.

If the sole founder of the LLC

If the director is the sole founder of the LLC, then the whole algorithm becomes much simpler. Firstly, in order to draw up and sign the paper, no other persons are needed; the director writes out a leave for himself, confirming it with a signature. After this, an order is issued indicating the person who will temporarily perform his position.

As a rule, many people work exactly according to this scheme, since they are directors of small companies that simply do not need additional founders. This method of going on vacation is especially common in small towns, since it is in such areas that small and medium-sized businesses are most developed.

Review from vacation

There are situations when the director must be recalled from vacation. This possibility is spelled out in the Labor Code in Article 125, according to which early return can only be possible with the consent of the director himself.

A recall from vacation can be issued in different ways, depending on the charter of the enterprise or according to the conditions specified in the Labor Code.

Algorithm for recalling a director from vacation:

• Another founder or the entire meeting has the right to decide that the director should return to his work activities in the company. But for this document to be valid, the council must indicate an objective reason for the return, for example, the solution to a problem that requires its immediate presence.
• After the decision to return with a reason is made, an order to recall the founder is drawn up.
• When the document is ready, it is sent to the founder for signature.

In a situation where the director is a founder or acts in accordance with the Labor Code, the algorithm is seriously reduced; only an order for early return from vacation is sufficient.

Form of order for leave of the General Director:

Calculation of benefits

Since the general director is the same employee of the company as other employees, payments are calculated according to the standard principle. Twelve months before the vacation are taken into account, provided that you have been working in the organization for more than one year. If the director holds his position for less than a year, then the actual time worked in the company is taken into account.

Vacation pay is calculated using this formula:

AMOUNT = ZPav.d. x N

To determine what salary a director receives for one day of work, use the formula:

ZPsr. = Salary year. / 12 months / 29.3

Salary year – salary for the year.

Vacation pay is calculated not only from the average salary, but also includes official salaries, allowances, bonuses and any other options for increasing official income for the position of director.

If the employee did not work the full period, then the daily salary will decrease, and therefore the steps for calculating the average salary will also change.

To begin with, the accountant will determine how many days the director worked:

D_1 = Nmonth. x 29.3

After this, you need to understand how many days were missed:

D_2=29.3 / Dn.o. x D p.o

Now that the two variables are known, the total number of days can be determined:

The last stage is calculating the average salary:

ZPsr. = (ZPinit.) / (Add.)

This whole formula consists of variables:

For clarity, it is necessary to give an example.

General Director of Dolphin LLC I.I. Nikolaev decided to take a vacation from June 15. until 15.07. It is known that his salary for the last twelve months is 1,000,000 rubles.

Then, following the formula, we obtain the following calculations:

ZPsr. = 1000,000 / 12 months. / 29.3 = 2844.1 rub., AMOUNT = 2844.1 x 28 days = 79634.8 rub.

Vacation pay will be equal to 79634.8 rubles.

The director of the organization usually signs orders for employee leave. But what to do if the manager himself goes on vacation. Who is letting him go, to whom is he writing a statement? Let's look at this situation

Should the director write a letter of leave?

Whether or not to write a statement to the manager depends on how it is described in the charter.

Option 1. The charter states that the decision to leave the general director is decided at the general meeting of participants (shareholders) of the company. In this case, the manager is obliged to write a leave application, and writes it to the chairman of the general meeting or to the meeting as a whole.

Participants in the meeting - the company's shareholders - also often decide on who will replace the director during vacation. The decision must be drawn up in the form of a protocol, which is signed by all participants in the meeting. Sample minutes of the shareholders' meeting on the issue of granting leave to the general director.

If this method is not specified in the charter or other documents, then we go with the second option.

Option 2. The director plans his own vacation. The manager's vacation must be included in the vacation schedule, like other employees.

There is no need to write an application to the manager, but he must sign a notice of his leave at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)

After this, an order for granting leave is drawn up (Form No. T-6). If the decision is made by the meeting, then this document must be signed by the chairman of the meeting. If the second method was used, the order is signed by the manager. In both cases, he must sign indicating consent.

Who signs the leave order for the director?

Form No. T-6 and No. T-6a require the signature of the first person of the organization.

About the appointment of a deputy

Before going on vacation, the manager can appoint an acting head of the organization

Before the CEO goes on vacation, the question of who will act as manager at this time is decided. If there is a deputy, then everything is simple. This function is often explicitly stated in the contract. If there is no deputy, then a reliable employee is selected and an order is drawn up to assign duties. The text is something like this: “I order that the duties of the General Director (full name) be assigned for a period of (specify period). Establish for this period an additional payment (position and full name of the deputy) for the temporary performance of duties of the head of the organization in the amount of (amount in figures)”, see sample

Is it possible to recall a director from vacation?

Separately for the manager, the issue of recall from vacation is not regulated by law. Therefore, we use the general norms of labor legislation (Article 125 of the Labor Code of the Russian Federation).

Who makes the decision to revoke?

This decision can be made either by the general meeting or by the head of the organization himself. In the first case, a protocol is drawn up. And, like other employees, the director must also give his written consent (Article 125 of the Labor Code of the Russian Federation).

The decision to recall a director from vacation can be made at a meeting of the general meeting and documented in minutes and an order issued on its basis. Do not forget that, like any other employee, the director must give your written consent leave your vacation early (Article 125 of the Labor Code of the Russian Federation).

In the second option, the director interrupts the vacation on his own initiative. This is documented by an order for early departure from vacation, see sample

The director is an employee of the organization, like everyone else. He is fully covered by labor laws even if he is the only participant. This in turn means that he, like other employees, has the right to annual paid leave (Article 114 of the Labor Code of the Russian Federation).

The manager's leave is processed according to generally accepted rules. In this case, the order for granting leave (form N T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/2004 N 1) is signed by the director himself. The procedure is the same as for all employees.

But if there are no particular difficulties in registering the director’s leave, then transferring the authority of the director to another person may raise questions.

Transfer of powers of the director

As a general rule, the manager is the legal representative of the organization. That is, it is he who has the right to represent her interests, including in court (clause 1 of article 27 of the Tax Code of the Russian Federation, part 2 of article 25.4 of the Code of Administrative Offenses of the Russian Federation, article 33 of the Labor Code of the Russian Federation, clause 1 of article 53 of the Civil Code of the Russian Federation, part. 4, Article 5.1 of the Law of July 24, 2009 N 212-FZ, Part 1, Article 61 of the Arbitration Procedure Code of the Russian Federation, Part 2, Article 48 of the Code of Civil Procedure of the Russian Federation). But when the director goes on vacation, work in the organization does not stop. Therefore, during his absence, another employee must perform the duties of a manager.

It is necessary to issue an order about this and indicate in it the powers that are transferred to the replacement employee, as well as the period for which they are transferred. Including assigning the duties of the director to the replacement employee for signing cash documents, personnel documents (orders, acts, time sheets), primary documents, invoices, etc.

In addition, in order for a replacement employee to represent the interests of the company before third parties, for example, tax and customs authorities, counterparties, etc., he must have a power of attorney (clauses 1, 3, article 29 of the Tax Code of the Russian Federation, clause 1 of Art. 182 Civil Code of the Russian Federation, Part 7, 8 Article 5.1 of the Law of July 24, 2009 N 212-FZ, Part 4, 5 Article 61 Arbitration Procedure Code of the Russian Federation, Part 2 Article 48, Part 1, 3 Article 53 Civil Procedure Code RF). It also needs to be completed, naturally, before the director goes on vacation.

Combination of positions during transfer of powers

Do not forget that during the period while the director is on vacation, his replacement employee will also have to perform his direct duties. And here there are some nuances.

When concluding an employment contract with the immediate deputy manager or an employee who will have to occupy a similar position, it often includes a clause stating that during the absence of the director from work (including in connection with annual paid leave), the employee must perform his duties. In such a situation, the employee does not need to formalize any combination of positions and also pay an additional payment (Letter of the Ministry of Health and Social Development of Russia dated March 12, 2012 N 22-2-897, Letter of Rostrud dated May 24, 2011 N 1412-6-1).

But if there is no such clause in the employment contract or job description of the replacement employee, then an agreement must be concluded with him on combining positions during the director’s vacation, indicating the amount of additional payment for combining (Article 60.2, 151 of the Labor Code of the Russian Federation). An order on temporary combination of positions must also be issued, again indicating the amount of additional payment.

An application for leave from the general director - we will present a sample of it in this publication - is not always written. In what cases does a company manager need to do this? Who is authorized to sign the order for the CEO's leave? Below are the answers to these and other questions.

Does the CEO need to write a vacation application to himself?

The head of the company is elected to the position by the general meeting of the founders of the company and appointed as the sole executive body. The employment agreement between the director and the company is signed by the employer by the chairman of the meeting of company participants (Article 40 of the Law “On LLC” dated 02/08/1998 No. 14-FZ). That is, in this case, the director is actually a hired employee who performs his functions for a certain fee.

The manager, like any employee of the company, has the right to annual paid leave. Should the CEO write a leave application? ?

To answer this question, you need to study the company's charter. If the document does not stipulate the conditions for granting leave to the general director or indicates that he decides this issue independently, then he does not need to write a corresponding statement. The director acts in a similar manner when he combines the positions of director and founder. The Labor Code does not oblige employees to write leave applications. Therefore, the absence of such a document will not be considered an error.

How to write a vacation application to the head of an LLC

It’s another matter if the charter provides for regulation of the CEO’s leave by the founders. In this case, a meeting of company participants is held, at which the issue of the general director’s vacation is decided and, as a rule, an employee is determined who will perform the functions of the head of the company during his vacation. The decision of the council is documented in the appropriate protocol.

In this case, the first person of the company should write a corresponding statement addressed to the chairman of the meeting of LLC participants or address it to the entire composition of the founders as a whole. The application must contain information about:

• rest period,
• date of leave,
• date of writing the document.

The application is endorsed by the parties.

can be downloaded on our website.

Personnel documents for CEO leave

The order of employee rest is determined by the schedule, which is drawn up for the next year 2 weeks before its start. The document is binding on both the employee and the employer.

Download a sample vacation schedule.

The employee is notified of the start date of the rest 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation). The person authorized to sign such a notice has not been identified by the TC. Accordingly, it will not be considered an error if such a document intended for the general director is signed by the head of the personnel department or another person authorized to draw up vacation papers.

Any employee, including the director of the company, goes on annual vacation based on the relevant order. It can be issued using the T-6 form, if the decision on vacation is made by the manager himself. In this situation, he puts his visa both in the “Manager” field and in the one intended for the signature of the person who has read the order. This approach will not be considered an error, since only the head of the company or a person replacing him is authorized to sign an order in Form T-6.

If the issue of the director’s vacation is decided at the level of the founders, then the order is drawn up in free form and signed by the chairman of the meeting on the part of the employer and the head of the company as an employee who has read the document.

Results

The general director of a company should write a vacation application only in a situation where such a need is specified in the company’s charter, and the “vacation” issue is regulated by the general meeting of founders. If there is no such condition in the charter, the absence of a statement will not be considered an error and there is no point in writing it to yourself.