Vacation of the director of the only employee of the organization. Resolution on leave application

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 at a general meeting of 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, the application for the leave of the general director must be written by him to the name of the chairman general meeting or to the address of the general meeting of members of the company (shareholders). 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.

The director of the organization usually signs the vacation orders for employees. But what if the leader himself goes on vacation. Who releases him, to whom does he write a statement? Let's analyze this situation.

Should the director write a vacation application?

Whether or not to write a statement to the head 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 a general meeting of participants (shareholders) of the company. In this case, the head is obliged to write an application for leave, and writes to the chairman of the general meeting or to the meeting as a whole.

Participants of the meeting - shareholders of the company also often decide who will replace the director during the holidays. 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 meeting of shareholders 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 according to the second option.

Option 2. The director himself plans his vacation. The vacation of the head should be in the vacation schedule, like other employees

The manager does not need to write an application, but must sign a notice of his vacation at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)

After that, an order is drawn up to grant leave (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 head. In both cases, he must also put a signature indicating consent.

Who signs the leave order for the director?

In the form No. T-6 and No. T-6a, the signature of the first person of the organization is provided.

On the appointment of a deputy

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

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

Can a director be recalled from vacation?

Separately for the head, 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 withdraw

This decision can be made both by the general meeting and by the head of the organization. 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 may be taken at a meeting of the general meeting and formalized in a protocol and an order issued on its basis. Do not forget that, like any other employee, the director must give your written consent leave the vacation ahead of schedule (Article 125 of the Labor Code of the Russian Federation).

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

The director of the company is the same worker, and he also needs a rest. According to the Labor Code, vacation is due to all employees of the organization, and vacations are issued according to the norms of the code. Making a vacation is a fairly traditional and well-written procedure. However, the vacation of the general director may not be regulated by the Labor Code, but by a completely different document. Even such a question as an application for a vacation is not entirely clear how to conduct it, especially if the CEO is also the founder of the company. To properly arrange the director’s vacation, you need to take into account several nuances.

How to take a leave of absence for the CEO

Since the director of the company is appointed by the founder or the meeting of founders, most of his labor activity governed by the company's articles of association. If some conditions are not spelled out in the Charter, you need to act according to the norms of the labor code.

Therefore, it turns out that when applying for a director’s vacation, you need to:

• look into the Charter - are there any conditions for registering a vacation for a hired director;
• if any, leave is issued according to the Charter;
• if not, according to TC.

Leave according to the charter

If in the main document of the company there is a condition that the issue of the director's vacation is decided by the meeting of founders, then you need to act according to this algorithm:

• the director writes a statement to the chairman of the meeting of founders or the sole founder here's a plan ;
• the meeting makes a decision;
• an order is issued;
• an acting director is appointed.

In this case, the order will not be in the T-6 form, but in the main activity(sample look at here). And it will be signed by the director himself. The order must specify:

• how long is the director's leave for?
• who will replace him during the rest.

Important: an order on the temporary performance of duties as a separate document in this case not drawn up, this condition is prescribed in the vacation order.

The basis for the order will be the decision of the founder (meeting of founders).

As soon as the director takes a vacation, the personnel officer will have to enter the vacation data into the vacation schedule and into the T-2 personal card.

If the director is the sole founder

In this case, you do not need to write any statements, the algorithm is much simpler:

• the decision of the founder to grant leave to himself as a director is drawn up;
• an order is issued in the form presented above.

And in the same way, vacation data is entered into the schedule and into the T-2 card.

Important : do not forget to mark the vacation with the symbol "FROM" in the report card!

Vacation according to TC

If the Charter of the company does not contain a word about the vacation of the director, we will be guided by the norms Labor Code.

At the end of the year, a vacation schedule is drawn up and the director himself must decide when to go on vacation. At least two weeks before the vacation, the personnel officer must warn the director about the start of the vacation.. There is no description here, it is the personnel officer who warns!

In relation to other employees, the notice of the start of vacations is endorsed by the director or personnel officer by proxy. But in this case, even if the personnel officer does not have a power of attorney, then it is he who must still warn the director. Otherwise, an absurd situation will arise - the director will warn himself. Moreover, it is not prohibited by law.

Order T-6 is issued at least three days before vacation. The director himself will sign it. The order of the director on himself, the sample of which you can see here, endorsed by the director both in the line of the head and in the line of familiarization.

Important : Director's leave is not required.

Temporary performance of duties

Usually in job description director or the Charter of the company prescribes a condition on who will replace the head during his vacation. Often, a Deputy Director or another member of the administrative staff is assigned to the Acting Director.

The basis for substitution will be an order on temporary performance of duties, a sample of which can be downloaded here .

The order must indicate the person who will replace the director, and the additional payment for the combination.

Review of the director from vacation

According to Article 125 of the Labor Code, recall from vacation is permissible, but with a caveat - the consent of the vacationer is required for early work.

The review is also issued in different ways - according to the Charter or according to the Labor Code. The revocation algorithm according to the Charter is as follows:

• the founder or the meeting of founders makes a decision on revocation indicating a specific date (in this case, it is necessary to indicate good reason, for example, a business need or decision important issue);
• on the basis of the decision, an order is issued on recall signed by the founder;
• with the order you need to familiarize the director against signature.

If the director acts according to the Labor Code or he himself is the founder of the company, an order is simply issued on early retirement.

Do not forget to add the actually used vacation of the general director to the schedule and the T-2 card.

Taking a leave of absence for the CEO

The director of the organization usually signs the vacation orders for employees. But what if the leader himself goes on vacation. Who releases him, to whom does he write a statement? Let's analyze this situation.

Should the director write a vacation application?

Whether or not to write a statement to the head 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 a general meeting of participants (shareholders) of the company. In this case, the head is obliged to write an application for leave, and writes to the chairman of the general meeting or to the meeting as a whole.

The text of the document is something like this: “I ask you to consider at the general meeting of participants on the provision of annual leave for (number of days) from (specify the period).” See sample: Application for leave of the general director (in the name of the chairman of the general meeting).

Participants of the meeting - shareholders of the company also often decide who will replace the director during the holidays. 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 meeting of shareholders 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 according to the second option.

Option 2. The director himself plans his vacation. The vacation of the head should be in the vacation schedule, like other employees

The manager does not need to write an application, but must sign a notice of his vacation at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)

After that, an order is drawn up to grant leave (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 head. In both cases, he must also put a signature indicating consent.

Who signs the leave order for the director?

In the form No. T-6 and No. T-6a, the signature of the first person of the organization is provided.

Who signs this form for the director? The answer depends on the options above. If the vacation was by decision of the general meeting, then the chairman of the meeting, and if the head made the decision himself, then he signs it himself, see the sample Order on granting leave to the general director.

On the appointment of a deputy

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

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

Can a director be recalled from vacation?

Separately for the head, 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 withdraw

This decision can be made both by the general meeting and by the head of the organization. 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 may be taken at a meeting of the general meeting and formalized in a protocol and an order issued on its basis. Do not forget that, like any other employee, the director must give your written consent leave the vacation ahead of schedule (Article 125 of the Labor Code of the Russian Federation).

In the second option, the director, on his own initiative, interrupts the vacation. This is documented by an order on early retirement from vacation, see the sample Order on early retirement of a director from vacation.

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Who decides the rest of the first person

An application for leave from the CEO (sample below) is considered at a general meeting of the owners of the organization, since they are employers for the first person of the company.

Director's leave application sample (2017)

Let us make a reservation right away that all issues related to the activities of the first person of the company, including writing an application for the leave of the General Director, are directly related to the provisions enshrined in his employment contract and the Charter of the organization.

If the Charter contains information that the issue of granting leave to the director is decided at the general meeting of founders, the head will have to apply to the general meeting of founders and discuss the issue of his vacation at this meeting. And there it will also be necessary to resolve the issue with the candidacy of the person who will perform the functions of the chief during his absence. The results of the meeting are documented in a protocol, the information from which serves as the basis for including the relevant information in the schedule, and further, for issuing an order to grant leave to the head.

sample protocol

The order in this case is issued in free form, because it will be signed by the person presiding at the general meeting, who is not the director of the organization.

Sample order in free form

If the Charter of the company provides that the general director himself has the right to decide when to go on vacation, he acts in the following order:

1. Notifies the owners of the organization of his intention to go on vacation (the director does not write a vacation application to himself).
2. Coordinates with the owners of the company the candidacy of the deputy during his absence.
3. Enters information about your vacation in the vacation schedule.

Application for leave of the director (sample) in the form of notification

Sample order in the form T-6

Who can act as director in his absence

The duties of the head during his absence can be performed by:

1. A full-time deputy whose employment contract and job description contain provisions on the temporary performance of the chief's duties in his absence.
2. An employee of the organization in the order of combination of positions.

The remuneration of labor in the first case is regulated by the Explanations on the procedure for paying for temporary substitution of December 29, 1965 No. 30/39. In the second case, according to Article 151 of the Labor Code of the Russian Federation, it is established by agreement of the parties. But in any case, no matter how the replacement of a temporarily absent director is carried out, an additional payment for the replacement should be established.

The legislation also provides for other ways to replace an absent director, such as, for example, a fixed-term employment contract (Article 59 of the Labor Code of the Russian Federation), part-time work (Article 60.1 of the Labor Code of the Russian Federation), temporary transfer to another job (Article 72.2 of the Labor Code of the Russian Federation), but in practice they are applied , as a rule, when the first person of the organization is absent from work a long period time, but he retains his previous position (for example, parental leave).

In any case, in the performance of the director's duties, regardless of the reasons for his absence, an order is issued, which is a formal basis for the implementation of relevant activities in a temporarily occupied position.

How to place an order correctly

When issuing orders for the performance of duties, the question often arises: how to write correctly - temporarily acting (acting) or acting (io)?

There is a generally accepted rule: an interim is used when replacing a temporarily absent employee, who retains his position, for example, due to temporary disability.

Io is used when an employee temporarily performs duties in a vacant position.

In principle, both options can be used, there is no fundamental difference, except for government organizations, where these issues are indicated in the relevant instructions.

Transfer of powers in the performance of duties

The implementation of formal activities to replace the absent director entails the emergence of appropriate rights, duties and responsibilities for the replacement employee. But if within the company an order is enough to perform legally significant actions, then a power of attorney may be required to cooperate with third-party organizations, for example, to represent interests in court.

The power of attorney must be executed on the letterhead of the organization, contain information about the time and place of its writing, the validity period, the signature of the first person of the organization and the seal.

The power of attorney itself indicates the person to whom the power of attorney was issued, with full passport data, date of birth and place of registration. Also there it is necessary to formulate a list of specific powers available to the performer. At the same time, general phrases should be avoided, all wording should be as specific as possible, avoiding double interpretations, and the names of institutions in which representation of interests is planned should be written in full to avoid misunderstandings.

Some categories of employees have the right to leave for more than 28 calendar days. If necessary, they may apply for monetary compensation for part of the vacation to the employer. On what date should this payment be considered: on the date of application or on the date of granting leave? A consultation on this topic was prepared by the Counselor of the State Civil Service of the Russian Federation of the 1st class, an employee of the State Labor Inspectorate in Chelyabinsk region I.A. Vasiliev.

The right to “maternity leave” (maternity leave), as well as the allowance for it, are only for women, in contrast to the right to leave and child care allowance, which can be issued by the father of the child.

Part-time employment implies a situation when a person, in his spare time from his main activity, performs some other regular paid activity under the terms of an employment contract in the same organization or in others.

Most employees are entitled to a standard 28-day vacation, as well as vacation at their own expense (if necessary) for a duration of 14 days. But employers are required to provide people with disabilities with more time. What this is connected with and how it is regulated is described in the article.

Some workers do not have enough 28 days a year to rest, others can hardly be “expelled” even for two weeks: they have nothing to do at home, and there is always not enough money. Can an employee receive monetary compensation instead of vacation?

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Sample application letter for CEO leave

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An application for the leave of the general director - we will present a sample of it in this publication - is not always written. In what cases should the head of the company do this? Who is authorized to sign the CEO's leave order? 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 by the sole executive body. Contract of employment between the director and the company is signed by the employer by the chairman of the meeting of the company's participants (Article 40 of the Law "On LLC" dated 08.02.1998 No. 14-FZ). That is, in this case, in fact, the director is a hired employee who performs his functions for a certain fee.

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

To answer this question, you need to study the company's charter. If the document does not stipulate the condition for granting leave to the general director or it is indicated that he decides this issue on his own, then he does not need to write a corresponding application. The same way the head enters in the case when he combines the position 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 an application for leave to the head of an LLC

Another thing is if the charter provides for the regulation of the vacation of the general director by the founders. In this case, a meeting of the company's 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 act as the head of the company during his vacation. The Council's decision is documented in the relevant minutes.

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

• rest period,
• vacation date,
• the date the document was written.

The application is endorsed by the parties.

Sample application letter for leave can be downloaded from our website.

Personnel documents for the CEO's vacation

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

The employee is notified of the start date of the holiday 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 a mistake if such a document intended for the general director is signed by the head of the personnel department or another person authorized to issue vacation papers.

Any employee, including the director of the company, goes on an annual vacation on the basis of an appropriate order. You can issue it in the form of T-6, if the decision on the rest is made by the head himself. In this situation, he puts his visa both in the "Head" field and in the one that is intended for the signature of the person who has read the order. This approach will not be considered a mistake, since only the head of the company or a person replacing him is authorized to sign an order in the T-6 form.

If the issue of the director’s rest 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 familiarized himself with the document.

Results

The general director of the company should write an application for vacation only in a situation where such a need is prescribed 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 it makes no sense to write it to yourself.

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How can a CEO write a vacation request?

Each citizen of the Russian Federation engaged in labor activity must be provided with legally guaranteed types of leave upon his application. However, the status of the CEO initially implies a slightly different procedure for documenting such days of absence from work.

What is the correct way in such cases for a higher manager to draw up a statement and who should put his resolution on issuing the corresponding order?

What does the Labor Code of the Russian Federation say?

The right to receive leave is guaranteed by many normative acts of the labor legislation of the Russian Federation. Here are the main principles for its provision, set out in official documents:

• All employees must be provided annual leave on the basis of an annually approved schedule. This provision is enshrined in Article 123 of the Labor Code of the Russian Federation. Moreover, 2 weeks before the start of the vacation period for the employee, the administration of the organization must notify him of this in writing. If he leaves to rest according to the schedule, then he can not write a corresponding statement on this issue. Otherwise, a written request cannot be dispensed with.
• The resolution of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 states that if only a month is set in the vacation schedule, and not the exact date of going on annual leave, then a statement from the employee is required. In its content, the worker must enter the exact date the beginning of this period and the number of days.
• Article 128 of the Labor Code of the Russian Federation stipulates the principles for granting leave without pay. In this case, the employee is required to make a mandatory written request indicating the beginning and end of the period when he will not go to his workplace.
• Provision of maternity and parental leave the head of the organization is carried out in accordance with the general procedure described in the laws on the settlement of issues on the Social Insurance Fund.
• If during a vacation a situation suddenly occurs due to which it will be necessary to urgently call the director from vacation, then according to Article 125 of the Labor Code of the Russian Federation, only he himself can interrupt his vacation with his voluntary consent.

Here are general guidelines that apply to most institutions. However, each individual enterprise has its own nuances regarding the management of the enterprise or the presence of deputy directors. Therefore, this issue must be approached based on the schedule of activities of a particular organization.

If the company has its own Charter, then it is necessary to follow its provisions.

Perhaps the CEO does not need to write a statement, because. leave must be granted to him in accordance with the minutes of the meeting of the founders, who gave him the right to determine his days of rest on his own.

Thus, everything depends on each individual situation.

Reasons for compiling

Most workers know how to write a vacation application. But here's what the CEO should do in this case - this is already a question that is not clearly regulated by labor legislation.

Often the difficulty arises due to the fact that the head is the founder of this organization.

In the case of processing documents for sending the CEO on vacation, it suggests 2 scenarios for the development of events: with or without writing an application.

It all depends on the provisions of the company's Articles of Association. Sometimes it may pre-specify a clause regulating the procedure for granting leave to the director.

When needed

If the charter includes a clause stating that the time for rest for the head from performing official duties can be provided on the basis of a decision of the meeting of investors, then it is necessary to convene a meeting and consider his application.

As a result, a decision must be made, which is recorded in the minutes of the general meeting of shareholders. A quorum must be present during the meeting.

In addition to writing an application, the director subsequently needs to put his visa in the notice, which indicates the period of his vacation.

The meeting may also decide that the director may grant leave to himself.

This greatly simplifies the design of the holiday.

There is no need to periodically convene all shareholders for a meeting and the dependence on a quorum is eliminated.

Is it possible without it

If the charter does not regulate the issue of vacations of the general director in any way or he is the only founder, then there is no need to write an application.

Usually in such cases, the time of his rest is planned in the general schedule, and then it becomes necessary to notify him against signature 2 weeks before the start date of this period.

Thus, first you need to carefully read the Charter, and then decide on the procedure for issuing a vacation permit to the CEO.

Who needs to be coordinated with?

Sometimes the director will not be able to go on vacation without getting approval from the founders of the company.

Therefore, for all organizations, the provision of a vacation period to the top manager of the company implies the following:

• In private companies, the leave of senior management is coordinated with the investors who organized his enterprise.
• For small private firms established by the CEO on his own without the involvement of other businessmen, it is not necessary to write an application.

The first option is more troublesome, because. it is necessary to convene a meeting of founders or shareholders, at which there must be a quorum. Otherwise, even if the application is approved by the investors present at the meeting, the decision cannot be made.

If the company is an LLC

The head of the LLC, which operates solely at its expense, does not need to write and coordinate the application with someone.

In such a situation, it is best to plan the vacation in advance in the appropriate schedule at the beginning of the year.

Before going on vacation, he needs to issue an order that sets out the following points:

• start date and number of calendar days of vacation for yourself;
• the person to whom he entrusts the performance of his duties during his absence.

Moreover, even if the vacation is the most minimal, the order still needs to be issued.

How to apply for a salary reduction at the initiative of the employer? Details here.

If the organization is a joint-stock company

In large joint-stock companies usually, a procedure for granting leave to the general director through a meeting of shareholders is foreseen in advance. To do this, in the Charter of the organization, it is registered as a separate item.

When considering an application for leave of the General Director, 2 related issues are immediately resolved:

• satisfaction of the request for rest;
• appointment of an acting chief executive during his absence.

After a decision is made on its basis, an order is issued for the manager to leave for rest and be temporarily replaced by another person.

Note! In the case of granting leave by decision of the meeting of shareholders, the order is signed by the chairman of the meeting, and when appointing him to himself, the general director himself signs the document. In the paragraph of the document that he was notified of the contents of the order, he also needs to put his visa.

Here we need to focus on the fact that it is difficult to convene a meeting of top officials every time top management needs to go on vacation.

Therefore, it is advisable at one of the meetings to decide that the authority to appoint days of rest for the head is vested in the general director himself, and to include this clause in the Charter of the joint-stock company.

We have dealt with ordinary enterprises.

But what to do if a leader with the highest rank works in an institution that is part of state structure? Read more about this.

In state structures

The procedure for granting leave in the civil service is regulated by Art. 46 FZ of July 27, 2004 N 79-FZ.

Its duration depends on the term of service of the official, the type of state body, as well as the complexity and intensity of work. This takes into account the days of the main period of rest and plus additional paid leave.

The total number of days is determined as follows:

• Annual paid leave is the basic labor right of civil servants. Its term is the minimum duration guaranteed for all workers - 28 days. For some civil servants, the time may be increased based on federal law. In addition, its term also depends on the position of the official.
• The provision of additional paid vacation days is stimulating. They can be allocated in certain cases - for example, for years of service in one state institution or at the birth of a child. Sometimes as a reward for issuing Money in one of the structural divisions, 3 additional days are allocated to an employee whose duties do not include the performance of this function.

Coordination of leave of the head public institution made with higher authorities.

How to write an application for leave to the CEO?

The main question that torments personnel officers in a situation where the director is going on vacation: does he need to write an application and in whose name - himself or someone else?

We have already decided whether to write it or not, and now we will decide to whom it should be addressed.

To whom does he write?

If the charter defines the procedure for granting leave through discussion of the request of the head at the general meeting of shareholders, then the application must be addressed to the chairman of the meeting.

When writing a document, you must specify the rest period in days and the start date.

The application form for the CEO is no different from his general view, which is approved in the document flow for the enterprise.

If the charter provides for the discussion of his written request for leave at a meeting of shareholders, then it must be written to the chairman or the entire meeting.

From the above sample, it follows that in the text of the petition, the manager must indicate the following:

• individual data and status of the person to whom the application is addressed;
• your personal data and position;
• specify when and for how long he plans his rest from work;
• specify the type of vacation;
• date of writing the application;
• signature.

Filling out the document is possible both with handwritten text and with the help of printing devices. The main thing is that there are no errors, typos or other malfunctions.

The application form consists of several parts:

• a header containing information first about the addressee and then about the applicant;
• heading: "Statement", located under the heading in the middle of the sheet;
• the text of the appeal itself, specifying what type of vacation the manager wants to receive, his calendar period and the start date of the period;
• line under the text, reflecting the date of the petition and the signature of the applicant.

The document should not contain corrections or erasures.

Who is signing?

Who should pass the resolution approving the CEO's leave application?

It all depends on the approved procedure set out in the management documents of the organization:

• If the document is considered at the Board of Founders or a meeting of shareholders, then their chairman must endorse the application.
• If the director has permission to be independent in these matters, he has the right to make decisions on his own, and, accordingly, sign all the necessary documents for himself.

The highest rank of the general director obliges, even with a short vacation, to correctly complete all the documentation in connection with the vacation.

The legal aspect in this situation is that for this period a person must be appointed to replace him and take full responsibility for the enterprise.

That's the whole point correct design documentation.

Read about the calculation of sick leave according to the minimum wage here.

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Type sample

If, nevertheless, it was necessary to issue a leave application to the CEO, a sample of it can be seen below.

Addressed to the general meeting of shareholders:

Sent to the sole founder:

The document can be written by hand or printed on an A4 sheet. Without fail, the application is registered in the register of applications.

Where do you need to register?

Each organization should have a register of employees' statements. This register must be started from the moment of opening of any enterprise and maintained until the very end of its activity.

In it, together with other written petitions of workers, applications written by the general director should also be registered.

How much and where is stored?

Responsibilities for the storage of documents are set out in the following regulations:

The organization has the right in the charter to approve its own procedure for storing business documentation that does not contradict the current legislation.

The application for leave must be kept in the personal file of the director for a period of 75 years.

The application of the General Director for leave (sample below) is required to be filled out if it is expressly provided for by the charter of the organization.

In other cases, the general director goes on vacation in accordance with the approved schedule in force at the enterprise.

The position of General Director involves the management of a limited liability company or a joint stock company.

In both cases, the basic provisions of the organization economic activity society and its management are prescribed in the charter.

If the vacation of the general director is prescribed in the charter:

The charter may determine that the general director goes on vacation on the basis of an application addressed to the chairman of the meeting of founders or shareholders of the company, or the sole founder.

In fact, the CEO is an employee whose status is higher than that of other employees of the enterprise. But all the provisions of labor law apply to him in full.

For example, the vacation provided for in Article 115 of the Labor Code of the Russian Federation, lasting twenty-eight calendar days, is due to the general director in the same way as to other employees. And Article 122 of the same document guarantees that the CEO has the right to annual paid leave. For the first time, he will be able to exercise his right after six months of continuous work.

characteristic feature labor contract with the leader, often there is a condition for an irregular working day. BUT irregular schedule, in accordance with Article 119 of the Labor Code of the Russian Federation, is the basis for providing extra days to vacation. The number of such additional days cannot be less than three.

The maximum duration of vacations is calculated based on the employment contract in force at the enterprise. And in his absence from internal rules work schedule. The law does not provide for a limit on the duration of vacation, taking into account additional days.

Therefore, the application submitted for consideration by the general meeting of participants or shareholders is more of an organizational nature than a permissive one.

Considering that the General Director performs the functions of the sole executive body of an economic entity, the founders have the right to know from what moment he will be absent from the workplace, and for how long.

Usually, at the same time as considering the application of the general director for vacation, the general meeting considers the appointment of a temporary acting director.

Sample letter of request for CEO leave can be downloaded from the link.

Based on the results of consideration of the application, the general meeting makes a decision, which usually consists of two points:

• provide the CEO with another paid vacation
• appoint an interim CEO for the period he is on vacation

Here sample decision of the general meeting about the leave of the CEO.

And following the decision taken by the general meeting of participants (shareholders) to grant leave to the general director, an order is issued for the enterprise.

The order for the leave of the general director is signed by a person specially authorized by the decision, or by the chairman of the general meeting.

The charter of the enterprise can be drawn up in such a way that the procedure for taking the general director on vacation is not described in detail there.

If the vacation of the CEO is not described in the Articles of Association

In this case, one should follow general principles law.

So, the company must have a vacation schedule. This document, by virtue of the provisions of Article 123 of the Labor Code of the Russian Federation, is mandatory for compliance with both management and ordinary employees of a legal entity.

In a situation where the general director of an enterprise is not required to coordinate his vacation with the founders, he is guided by his own thoughts on this matter and the vacation schedule.

If there is a personnel employee or a manager responsible for personnel records in the state of the enterprise, he can prepare and send to the general director a notice of the upcoming vacation, no later than 14 days in advance. This is not contrary to the law, because the labor legislation does not specify under whose signature such a notification is being prepared.

Upon the expiration of the period specified in the notice, the general director goes on vacation, appointing by order the person who will perform his duties.

It remains to be noted that if there is an approved vacation schedule, it is not necessary to write an application for vacation.

Do you have any questions? Ask them in the comments.

How to take a leave of absence for the CEO?

Vladimir Pirogov
Source: Personnel

The head of the organization decides the main personnel issues, including signing orders for the provision of vacations to employees. But what if the CEO himself is going to take a break? In whose name is he writing a statement, and who is authorized to “let him go on vacation”? Today we will consider these and other issues related to the rest of the head.

Does the director need to write a leave application?

There are two options for registering the CEO's vacation. In the first case, he must write an application for leave, and in the second such application is not required. What option to choose? It all depends on how it's settled in the constitution of the organization.

The charter may state that the issue of the vacation of the general director is decided at a general meeting of participants (shareholders) of the company. If there is such a provision in your charter, then the general director must write a statement, addressing it to the chairman of the general meeting or the meeting as a whole (sample). In the statement, the head indicates when and for how long he plans his vacation, and then the issue is discussed at the general meeting. As a rule, it is also decided here who will replace the general director during his absence.

If there is no such rule in the charter or in other internal documents of the organization, then the general director himself plans his vacation. The vacation of the first person must be included in the vacation schedule, as well as the vacation of other employees. In this case, a vacation application is not required, and the head must be notified against signature of the start of his vacation at least two weeks in advance (Article 123 of the Labor Code of the Russian Federation) (a sample notification is presented in No. 2, 2006 on page 50).

Question on topic Who should warn the CEO about the start of vacation according to the vacation schedule? Ivan Panteleenko, Deputy General Director (Moscow) Notices to employees about the start of vacation usually come with the signature of the CEO. However, if the head of the organization warns himself about the vacation, an absurd situation will develop. Therefore, a notice to the general director may well be sent by the head of the personnel department or another employee authorized to issue employee vacations. There will be no violation of the law in this case, since Article 123 of the Labor Code does not specify who exactly sends such warnings to employees. Answered the question Elena SHIRIMOVA, lawyer, leading expert of the magazine "Kadrovoe delo"

I must say that the second option is preferable, and here's why. The vacation of the general director is certainly an important issue, but not so much as to convene a general meeting every time, because this is a difficult and lengthy procedure. Participants or shareholders need to provide a quorum to resolve the issue ( required amount votes), discuss the problem, make a decision, draw up a protocol (sample). To avoid unnecessary waste of time, it is better to leave the CEO to decide on own vacation. And to do this, write in the charter that the general director is authorized to make such a decision on his own.

Issuing the necessary orders

For registration of any vacation, you need to use unified forms of orders for granting vacation - No. T-6 and T-6a *. And the CEO is no exception in this sense - his vacation is also issued on a unified form. But here the question arises: who should sign such an order? After all, the form provides for the signature of the head of the organization. It also depends on how the director is granted leave. If on the basis of a decision of the general meeting, then the order may be signed by the chairman of the general meeting or another person authorized to do so. If the manager made the decision to go on vacation on his own, then he himself signs the order, and, in addition, puts his signature in the familiarization line (sample).

Before the CEO goes on vacation, the question of who will act as the head at that time is decided. Usually this mission is entrusted to the deputy director, who has such a function explicitly stated in the employment contract.

But it happens that the director does not have deputies. Then he issues an order to temporarily assign his duties to another employee and assign him an additional payment for combining (sample) **.

How to recall a director from vacation?

This issue is not regulated by law, so you need to be guided general rules Labor Code on recall from vacation (Article 125 of the Labor Code of the Russian Federation). Moreover, in practice there are certain rules documenting this situation. Let's talk about them in more detail.

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

Another design option is based on the fact that the CEO, even while on vacation, is always aware of the company's affairs and, if necessary, can, on his own initiative, interrupt his vacation and go to work. Of course, this cannot be called a recall from vacation, since the director cannot call himself back from vacation. However, in practice, this option often replaces the recall. In this case, the director issues an order for early retirement from vacation (sample above). Based on the order, the personnel officer determines how many days unused vacation the head still has left, and makes changes to his personal card form No. T-2 and the vacation schedule.

** With the employee who is temporarily assigned the duties of the General Director, it is necessary to conclude supplementary agreement to employment contract(sample on page 50).

Director's vacation

Chiefs, leaders and CEOs absolutely all organizations have the legal right to take regular paid leave, as well as other employees. However, before going on vacation, the director faces additional problems, the main of which is the appointment of a responsible person who can conscientiously fulfill all the duties of a leader.

The procedure for issuing a director's leave also has certain features. After all, the head of the company is the most important person who is responsible not only for himself, but also for other staff units.

Terms of preparation of the order

The current norms of labor legislation suggest that any employee can go on vacation only on the basis of a written application, which he must submit to his manager in a timely manner. It is on the basis of the agreed statement that another important document will be drawn up in the future - an order within the company.

The legislation of the Russian Federation establishes certain deadlines within which the application must be submitted to the head. This must be done no later than two weeks before the expected start date of the vacation period. Meeting the deadlines is required, first of all, so that the employer can take all the necessary actions, for example, calculating vacation pay, etc.

Naturally, if the head of the company goes on vacation, he will not need to write such a statement, because in fact he has no one to notify. That is why the main purpose of the order for his leave is completely different: to appoint a responsible person who will temporarily acquire the powers of a director.

In this case, the replacement of the first person of the company can be carried out in one of two legitimate ways:

1. The employee selected for replacement will continue to perform his own duties, but together with the duties of the director. Most often, this method is chosen if the powers of the head will be performed by his current deputy.
2. The employee who will act as the head will temporarily stop performing his own duties.

   As a rule, this option is used quite rarely, but it is still used in some organizations.

It should be noted that absolutely everything important nuances subsequent replacement of the head should be agreed by the parties in as much detail as possible. At this stage, additional items may be included in the substitution order, depending on the wishes and opinions of the parties. At the same time, a potential deputy of a temporarily absent head always retains the right to refuse to sign an order to combine. In this case, the manager will have to find another employee who agrees to take on all the proposed duties and powers.

The content of the order and the rules for its preparation

Current regulations in the area labor law as well as paperwork do not install unified form that could be applied by institutions. This means that the order can be drawn up and signed in a free form, but with the obligatory inclusion in its content of the following most important aspects:

1. Immediate reason for the order. As a rule, they write here: “In connection with going on annual leave.”
2. A reference to the employee of the company who temporarily assumes the duties of replacing the head who has gone on vacation. The following information should be indicated here: full name of the responsible person and his position.
3. Next comes one of the main parts of the document, in which all important aspects and features of further substitution should be fully disclosed. For example, here it should be indicated whether the employee will continue to perform his direct duties on the basis of the job description, or whether he is temporarily relieved of them.
4. The next part should contain all the nuances regarding the procedure for paying extra for replacement. The amount must be accurate.
5. Next comes detailed transcript a list of powers temporarily acquired by the responsible person. Be sure to make a note about the right to sign certain important documents of the company, as well as the authority to handle and use economic property, etc. Here you can also specify which papers are prohibited from signing by the person responsible for the substitution.

Separately, mention should be made of the powers of representation. A replacement person may acquire rights to participate in various transactions. If the manager wishes that no one except him participate in the transactions, he must indicate this fact in the order.

What about maximum size surcharges - here the legislation of the Russian Federation does not establish absolutely any restrictions. That is, in fact, the head himself can appoint the desired amount. And his temporary deputy has the right to decide whether to agree to the proposed conditions or not.

Other important features

First of all, it should be remembered that the absence of the need to write a statement does not relieve the director from the mandatory issuance of the corresponding order.

In fact, the departure of the head on vacation should always be accompanied by the parallel issuance of two main orders:

• on the provision of the vacation itself, indicating the exact period of rest, as well as other factors that will be of high importance;
• on the appointment of a responsible person who will replace the temporarily absent head and assume his powers.

All these orders must be drawn up and signed no later than two weeks before the official date of the head's vacation.

The entire registration procedure will include the following main steps:

1. Drawing up and signing an order to provide the director with regular paid leave. The document can be drawn up both in free form and on a special form developed by the organization. Such an order is necessary to comply with applicable regulations, to record the fact of going on vacation, as well as to notify other persons of the subsequent absence of the director from his workplace for a certain period of time.
2. Next, all the necessary accounting calculations are carried out, including the calculation of vacation pay.
3. The final stage is the preparation of an additional, second order, in which the director transfers his own powers to a specific person.

As a rule, the head himself or other responsible persons, for example, employees of the personnel department, are responsible for compiling all the required orders. The order on the assignment of powers must be transferred to the responsible person for review. In the event that the employee agrees with all the information provided in the document, he puts his own signature in the appropriate place.