Does the director of the company need to write an application for vacation. Do I need to apply for a leave of absence of the General Director and how to do it

The buildings 11.10.2019

How is CEO leave granted?

According to the provisions of the Labor Code of the Russian Federation, any employee of the organization has the right to leave:

without pay (administrative leave);
annual paid.

According to Art. 123 of the Labor Code of the Russian Federation, if we are talking about paid rest time, then information about it should be included in the vacation schedule, which is compiled at the enterprise and is mandatory for both employees and their managers. In this case, the employee must be notified of the start of the vacation 2 weeks in advance.

If specific dates are indicated in the schedule and the rest period does not shift, the employee is not required to write a vacation application. However, in practice, in many public institutions or commercial organizations such a statement is written, despite the lack of obligation. This is justified by the fact that the application is the basis for issuing an order to grant leave.

If we are talking about unpaid leave, the employee (including the director) must write a statement and indicate the period of rest in it.

For reference: the director is an employee - accordingly, the norms of labor legislation apply to him. His legal position within the framework of employment is stipulated in the employment contract. The duration of the next paid vacation is also fixed there.

To whom does the CEO write a vacation application?

The director can write an application for leave either to himself or to the general meeting of shareholders, the general meeting of the LLC or another collegial executive body of the organization. In what cases is one or the other option used?

If the director is the sole founder or the constituent documents of the enterprise indicate that the issue of granting rest time to him is decided by him, then the director's application for leave to himself is written. An application form can be downloaded from our website.

If the decision to take a vacation is made by a collegial executive body (for example, the general meeting of an LLC), the director writes a statement / notification of his desire to go on vacation, after which a decision on this issue is made at a meeting of the organization's participants. After the decision is made, the order is signed by the chairman, members of the organization or other persons specified in the charter. The director must be familiar with the document. In case of refusal to sign, an appropriate act is drawn up.

A sample order can be approved by a local act of the enterprise, although the use of the unified form T-6, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1, is also allowed.

How does the director arrange a vacation for himself?

If the director has received the authority to independently resolve issues about his rest time, it is not necessary to write an application. It is enough to do the following:

Issue an order for leave with your signature.
Draw up an order for the main activity on the assignment of his duties during the vacation to an authorized person.

For reference: despite the fact that the director is entitled to independently decide on the time of rest, he must also be notified of its beginning 2 weeks before the expected date. This is usually done by the HR department.

Thus, the general director writes an application for vacation to himself only if it is a vacation without pay, the rest period reflected in the vacation schedule changes, or the issue of granting vacation is resolved by the collegial body of the organization (for example, general meeting). Otherwise, writing an application is not necessary, although it is recommended, since it is a document that, in addition to the vacation schedule, provides the basis for issuing an order to grant leave.

Managers are already used to the fact that they draw up many documents with their participation in their own name. That is, the director writes to himself. But every time I have a strange feeling that something is wrong. And what about rest? Let's figure out how to properly apply for.

If the company is a joint stock company

On the one hand, the director is the same worker. And it is subject to labor laws. An annual vacation of 28 calendar days is no exception. By Labor Code, it is enough to write an application for a vacation on time. But the design of the holiday CEO It also regulates the charter of the organization.

As a rule, the charter prescribes that going on vacation must be agreed with the meeting of shareholders and approved by the minutes of the general meeting. The director addresses the meeting by writing a statement, which is written in free form (attached is an example). Then, already on the basis of this protocol, is released. The document is issued in any form, the standard T-6 form will not work here, since it can only be signed by the head of the organization. And in this case the order is signed by the chairman of the meeting.

If you are a director and founder in one person

Let's figure out to whom the general director writes an application for vacation, if we are talking about an LLC. In this case, the design of the vacation depends on what is written in the charter. If, in addition to the general director, there are several founders and, according to the charter, the general director goes on vacation with the consent of the meeting of founders, then the procedure is similar to that described above for a joint-stock company.

If the vacation of the general director and the sole founder of the company is issued in one person, then you do not need to write an application for vacation. Together with all employees, the director must notify the personnel department at the end of the year on what dates he intends to rest next year. The HR specialist enters this information into.

Before going on vacation, a correctly executed order in the form T-6, signed by the director himself, is sufficient.

Underwater rocks

Almost all documents in the company are certified by the signature of the CEO. The work of the organization does not stop at a time when he is away on official business or on vacation. But at this point, the organization cannot issue documents signed by the director. How to proceed?

Some daily documents (for example, accounting) can be signed by other employees by proxy. We offer a sample power of attorney to transfer the right to sign.

You can also transfer your powers during the absence to another employee. This is done in the form of an order. It needs to prescribe the time for which the employee, and the conditions (payment, whether it is exempt from basic functions or must be combined).

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Lawyers Answers (11)

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There is an LLC with two founders. One of the founders is a Director. There are no other employees in the LLC. What to do with the vacation of the Director if the company is constantly working and there is no way to send him on vacation?

According to Art. 124 of the Labor Code of the Russian Federation, it is prohibited not to provide annual paid leave for two consecutive years. This also applies to the only director. Considering that this is the same violation of labor legislation as another, the organization may be held administratively liable.

Code of Administrative Offenses of the Russian Federation Article 5.27. Violation of labor legislation and other regulatory legal acts containing norms labor law

1. Violation of labor legislation and other normative legal acts containing labor law norms, unless otherwise provided by parts 3 and this article and article 5.27.1 of this Code, -
shall entail a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand roubles; on persons carrying out entrepreneurial activity without formation of a legal entity - from one thousand to five thousand rubles; on the legal entities- from thirty thousand to fifty thousand rubles.

Therefore, in my opinion, at least according to the documents, it makes sense to send the director on vacation.

The director may issue an order to assign duties to another person. Hire him temporarily and assign him the duties of a director. The power of attorney is issued by the director on the basis of an order. It does not need to be notarized.

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Clarification of the client

And if, without hiring, make a notarized power of attorney for the second founder for the right to sign the necessary documents? Is this option possible?

The question of the order in which the director goes on vacation, to whom he writes if it is about commercial enterprise must be stipulated by the statute.

We note that, according to general rule, an application for leave, including the General Director, is not a mandatory document. But the charter of the organization may provide that the issue of the vacation of the general director is decided on general meeting participants (shareholders) of the company. In such a situation, an application will be required.

Registration of the rest director laid down can occur according to one of three possible options:

The charter does not separately stipulate the leave of the director or the director is the sole founder;

The charter provides that the decision on the vacation of the director is made by the general meeting of the members of the company or shareholders;

The charter provides that the director can make a decision on his leave independently.

In the first case, the question of who writes leave application CEO, the easiest way to solve - the head of the enterprise may not write a statement. It is enough for him to issue an order by which he will announce his decision to go on vacation, indicating the date of its beginning and duration, as well as which of the deputies will be during vacation.

If the general is the only founder, he also does not need to fill out an application for the leave of the general director sample. Vacation is granted based on the decision of the founder. to be published for the main activities, which need to appoint a person acting as director for the period of vacation.

In the second case, an application for the leave of the general director must be written by him to the chairman of the general meeting or to the general meeting of members of the company (shareholders) itself. An application for leave of the CEO of an LLC is presented below.

From answer

Third delivery option CEO vacation the most preferable - in this case, it will not be necessary to convene a general meeting and achieve a quorum in order to make, in general, a routine decision. The CEO will be able to decide on his own what time he can rest and how much to take.

It should be noted that the director is no exception when it comes to scheduling vacations. As well as the rest of the employees of the enterprise, they must plan their vacation in advance and communicate its expected date to the employee who is entrusted with compiling . An application for a vacation of the General Director will be required if the vacation is not planned in the vacation schedule or this issue must be agreed with the general meeting.

How to apply for a vacation from the director to the general director

Some management positions in large enterprises may also be referred to as "director". Usually, this is the head of a service, department at a large enterprise. Wherein, provided for this category of workers - general. They do not need to coordinate their rest with the Board of Directors or the general meeting. They can express their request for rest days in the same way as all other employees of the enterprise - by writing.

Note! If the director of the service goes on vacation in accordance with the vacation schedule approved for the current year, statement You don't have to write to the CEO.

When the director of one of the company's services wants to request a vacation by changing its date and duration, approved vacation schedule, he will have to write to the director of the organization in without fail. The same applies to the situation when he wants to take , and the vacation schedule provides for a one-time vacation.

Does the manager have the right to sign an employment contract with the employee after his vacation?

They hired a new employee on the 1st. On the same day, he signed an employment contract. But the head of the organization went on vacation for 28 days from the 1st. Therefore, I signed an employment contract on the 29th. Is this a violation?

Labor legislation does not regulate the time frame within which an employee must write an application to the General Director for vacation.

Director's statement to the CEO vacation will be signed taking into account the actual production environment. Therefore, the deadline for submitting it does not play a special role - even if you submit it a month before the intended vacation, a refusal may follow and it will be impossible to challenge it. This conclusion is valid only for those situations where the employee does not have the right to take vacations in.

On the other hand, vacation registration is a personnel procedure that requires some time. Therefore, a local act of the employer may establish a minimum deadline for applying for leave for a director. This period must be long enough to complete the application. In the event that the issue of the vacation of the general director is decided by the general meeting, the head of the enterprise will need to write the appropriate one. If this is not provided for by the charter of the enterprise, the director can postpone the vacation by his own decision.

When leave is granted at the request of the director to the general director for leave, the transfer can be initiated by both the director himself and the organization. In any case, a transfer can be issued only if it is agreed by both parties.

Leave to the director may be granted by decision of the founders, or may be within the competence of the head himself. This issue is regulated by the company's articles of association. In each case, the order of registration is different.

Situation 1. The leave of the director is granted by the decision of the founders. The head must notify the founders of the company about his desire to go on vacation. The founders at the general meeting take the appropriate decision, drawing it up in the minutes. Further, on the provision of leave, an order must be drawn up in the form No. T-6, which is signed by the authorized founder. This order formalizes the director's vacation. The director signs the document as an employee.

Situation 2. Granting leave to the director is in his competence. In this case, the director, who is going on vacation, is authorized to sign all the necessary documents himself. That is, the director's leave is issued by an order on its provision, which the director draws up independently. In this situation, you do not need to write a leave application.

In both situations, on the basis of the order, fill out a note-calculation on granting leave to the director ( unified form No. T-60). And pay vacation pay no later than three calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).

Registration of transfer of powers during the vacation of the director

During the vacation, the director must sign an order to transfer his duties. This is not a personnel order, but an internal document for the organization, and you can draw it up in free form. On the basis of such an order, the powers of the director for the period of vacation will be transferred to the appointed person.

The transfer of all or part of the powers of the head can and should be carried out by additionally issuing a power of attorney for a certain person (letter of the Ministry of Finance of Russia dated September 25, 2012 No. 03-02-07 / 1-227). In the power of attorney, write down the list of powers granted to the authorized person. It is better to issue a power of attorney on the letterhead of the company, where its main details are indicated. As a general rule, there is no need to notarize a power of attorney (Article 185.1 of the Civil Code of the Russian Federation).

Note that the director bears the full liability for direct actual damage caused to the organization (Article 277 of the Labor Code of the Russian Federation). In addition, for losses caused to the company by his guilty actions or inaction, the director bears civil liability (clause 2, article 71 of the Federal Law of December 26, 1995 No. 208-FZ and clause 2 of article 44 of the Federal Law of February 8, 1998 No. 14-FZ). Therefore, if the director does not leave the deputy during the vacation, then for all the incidents that occurred during his absence, he himself will bear material, administrative and criminal liability.

What are the required details of a power of attorney?

The requirements for issuing a power of attorney are established in articles and the Civil Code of the Russian Federation. So, it should include:

- date of issue;
- the person issuing the power of attorney (principal);
- the person to whom the power of attorney is issued (representative);
- authority of the representative. They should be listed clearly and completely. Do not use general language, such as "represent the interests of the firm."
- the signature of the trustee. It must be genuine, that is, handwritten.