We send the director of the LLC on vacation. Do I need to write a vacation application to the CEO himself, the general director How to write a vacation application for a director sample


Any dismissal by on their own starts with a statement: and to CEO a statement must also be written if he is going to terminate early labor Relations.
The document presupposes several mandatory points.

1. To whom

The addressee is the one with whom it is concluded labor contract... Depending on who is the employer, the rule changes in whose name to write a letter of resignation to the CEO. If the labor agreement is signed by the owner of the company, you should contact him. If the manager was hired by an organization (for example, Management Company) - directly to the firm.

2. Title

Everything is simple here: the name of the document is indicated - "Application".

3. Text

In the text, the manager notifies his employer that he intends to terminate the employment relationship. It is up to the person to decide whether to set the estimated date of dismissal or not, taking into account that the warning period is one month and begins to be calculated, like with ordinary workers, from the next day after the addressee receives the appeal.

4. Signature

A signature is put under the text of the notification, the surname, initials and date of writing are indicated. No other information is indicated here.

Sample resignation letter from CEO to founder

The application is either sent by mail or handed over to the addressee. Then there is a documentary registration of the dismissal of the director of the LLC of his own free will, which consists of the following sequence of actions:

  • it is determined whether a transfer of cases is necessary;
  • if necessary, an audit is carried out;
  • counted unused days holidays and compensation for them;
  • calculated wage in proportion to the hours worked;
  • it is determined whether the resigning person is entitled to any benefits and compensations;
  • final settlement is made;
  • documents are issued.

The decision is made independently if the director is the sole founder of the company. Or it is discussed at a meeting of the owners of the organization.

Nuances

If the director is the only founder

In this case, the decision on the resignation of the powers of the manager is made by him independently. The question to whom the director of an LLC is writing the letter of resignation is not relevant. If the participant is the only one, and he is also the general director, then, as a leader, this person issues a document on the termination of his activities, which he himself signs.

If the director is one of the founders

In this case, the employer is the general meeting of participants - owners of the organization. In advance, each participant is notified of an extraordinary general meeting, which will discuss the issue of terminating the work of the head. Stopping a job does not mean being fired. Sometimes a person gets tired of responsibility and turns to colleagues with a request to remove authority from him and transfer to another job. As an example, you can focus on the sample statement for the removal of the director's powers:

If we are talking about dismissal, then the participants in the general meeting of the LLC do not have the right to refuse the general director to terminate the working relationship. The chairman acting on behalf of the whole society, on the basis of the decision of the meeting, puts a resolution “No objection” on a statement. Based on the results of the meeting, a protocol is drawn up, which indicates the last day of work of the former leader and the name of the person who is elected to his position. At the same time, the date on which the new manager takes office is determined. On the basis of the protocol, a dismissal order is issued, an entry is made in the work book.

If the director is an employee

In this case, the manager applies for dismissal:

  • to the owner of the organization;
  • or to the chairman of the meeting of founders, if there are many owners;
  • or to a specific person who signed an employment contract;
  • or to the organization on whose behalf the employment relationship was entered into.

An important point: if a top manager is an employee, the owner of the organization deals with the issues of hiring him and terminating working relations with him. For this reason, the general director does not have the right to independently issue an order to terminate the employment contract.

The head warns the owner of the company about his decision to leave his position with the help of an application drawn up in writing at least a month before last day work in the company ( Art. 280 of the Labor Code of the Russian Federation).

The law in this situation allows you to terminate the employment contract before the expiration of the notice of dismissal (part 2 Art. 80 of the Labor Code of the Russian Federation), as with an ordinary employee.

The director of the company is the same employee, and he also needs rest... According to the Labor Code, leave is granted to all employees of the organization, and leaves are issued according to the norms of the code. Vacation registration is a fairly traditional and well-prescribed procedure. However, the CEO's vacation 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 carry it out, 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.

Since the director of the firm is appointed by the founder or the meeting of the founders, most of him labor activity regulated by the company's charter. 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 registering a director's vacation, you need:

  • look at 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.

Charter leave

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

  • the director writes a statement to the chairman of the meeting of founders or the sole founder that's such 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 he will be signed by the director himself. The order must indicate:

  • for how long vacation is granted to the director;
  • who will replace him during the rest.

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

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

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

If the director is the only founder

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

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

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

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

Vacation on TC

If there is not a word about the director's leave in the Charter of the company, we will be guided by the norms Labor Code.

At the end of the year, a vacation schedule is drawn up and the director must decide for himself 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 beginning 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, it is he who still has to warn the director. Otherwise, an absurd situation will arise - the director will warn himself. Moreover, this is not prohibited by law.

Order T-6 is issued at least three days before the vacation.... The director himself will sign it. The director's order on himself, a sample of which can be seen here, is endorsed by the director both on the manager's line and on the acquaintance line.

Important : an application for a director's leave is not provided.

Temporary performance of duties

Typically, the director's job description or the company's charter prescribes a condition about who will replace the manager during his vacation. Often, the AIM is appointed by a deputy director or another member of the administrative staff.

The basis for the replacement 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 surcharge for combining.

Director's recall from vacation

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

The review is also drawn up in different ways - according to the Charter or according to the TC... The revocation algorithm under 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 imperative to indicate a valid reason, for example, a production need or a solution to an important problem);
  • based on the decision, a revocation order is issued signed by the founder;
  • the order must be presented to the director against signature.

If the director acts according to the TC or he is the founder of the company himself, an order is simply issued on early withdrawal from vacation.

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

We arrange a vacation for the CEO

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

Does the director have to write a vacation letter?

Whether or not to write a statement to a 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 the participants (shareholders) of the company. In this case, the head is obliged to write a letter of leave, and writes to the name of the chairman of the general meeting or 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 (indicate the period)." See sample: CEO Vacation Statement (addressed to the chairman of the general meeting).

Meeting participants - shareholders of the company also often decide 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 meeting of shareholders on the issue of granting leave to the CEO.

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. Leader's vacation should be in the vacation schedule, like other employees

You do not need to write a statement to the head, but you must sign a notice of your 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 sign the agreement.

Before the general director leaves on vacation, the question of who will act as a manager at this time is being decided. If there is a deputy, then everything is simple. For him, this function is often directly spelled out 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 to impose the duties of the General Director (full name) for a period of (indicate the period). To establish for this period an additional payment (position and full name of the deputy) for the temporary performance of the duties of the head of the organization in the amount (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 revoke

This decision can be made both by the general meeting and 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 the director from vacation can be made at a meeting of the general meeting and formalized in a protocol and an order issued on its basis. Remember that, like any other employee, the director must give your written consent get out of 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 exit from vacation, see sample Order on early exit from vacation.

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We send the director of the LLC on vacation

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Who decides the issue of rest of the first person

The vacation application from the general director (sample below) is considered at the 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's 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 CEO's vacation, 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 vacation to the director is decided at the general meeting of founders, the manager will have to contact the general meeting of founders and discuss the issue of his vacation at this meeting. Moreover, there it will be necessary to resolve the issue of the candidacy of the person who will perform the functions of the chief during his absence. The results of the meeting are drawn up in a protocol, information from which serves as the basis for including the relevant information in the schedule, and further, for issuing an order on granting 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 over the general meeting, who is not the director of the organization.

Free-form sample order

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 about 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 a deputy for the period of his absence.
  3. Includes information about his vacation in the vacation schedule.

Director's leave application (sample) in the form of a notification

Sample order according to the form T-6

Who can act as a director in his absence

The duties of the manager for the period of his absence can be performed by:

  1. Staff deputy, employment contract and job description which contains provisions on the temporary performance of the duties of the chief in his absence.
  2. An employee of the organization in the order of combining positions.

Remuneration for labor in the first case is regulated by the Clarifications on the procedure for remuneration 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 the temporarily absent director is carried out, the surcharge for the replacement must be established.

The legislation also provides for other methods of replacing an absent director, such as 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 for another job (Article 72.2 of the Labor Code of the Russian Federation), but in practice they are used, as a rule, when the first person of the organization is absent from work a long period time, but he retains the previous position (for example, parental leave).

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

How to fill out an order correctly

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

There is a generally accepted rule: 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 is acting temporarily for a vacant position.

In principle, you can use both options, there is no fundamental difference, with the exception of government organizations where these issues are identified in the respective instructions.

Delegation of powers in the performance of duties

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

The power of attorney must be executed on the company's letterhead, contain information about the time and place of its writing, 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 details, 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, avoid double interpretations, and the names of the institutions in which the representation of interests is planned should be written in full in order to avoid misunderstandings.

Some categories of employees are entitled to leave of more than 28 calendar days. If necessary, they can apply to the employer for monetary compensation for part of the vacation. On what date should this payment be considered: on the date of filing the application or on the date the leave is granted? A consultation on this topic was prepared by I.A. Vasiliev.

Only women have the right to “maternity leave” (maternity leave), as well as benefits for it, in contrast to the right to leave and benefits for childcare, which can be issued by the father of the child.

Part-time employment implies a situation when a person, in his free 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 workers are entitled to a standard 28-day vacation, as well as self-employment (if necessary) of 14 days. But employers are required to provide more time for persons with disabilities. What it 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, while others can hardly be “kicked out” 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 for CEO leave

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The CEO's vacation application - we will present a sample of it in this publication - is by no means always written. In what cases does the head of the company need to do this? Who is authorized to sign the CEO's vacation 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 is appointed by the sole executive body. Contract of employment between the director and the company is signed by the chairman of the meeting of the company's participants on the part of the employer (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 manager, like any employee of the company, has the right to annual paid leave. Should the CEO write a vacation application ?

To answer this question, it is necessary to study the charter of the company. If the document does not stipulate a 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 statement. The manager acts in the same way when he combines the position of director and founder. The Labor Code does not oblige employees to write vacation 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 the regulation of the CEO's vacation by the founders. In this case, a meeting of the company's participants is held, at which the issue of the general director's leave is decided and, as a rule, an employee is determined who will act as the head of the company during his vacation. The decision of the council is documented in the corresponding minutes.

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

  • rest period,
  • date of leaving on vacation,
  • the date the document was written.

The statement is endorsed by the parties.

Sample Director's Leave Application can be downloaded from our website.

Personnel documents for CEO leave

The sequence of employees' rest is determined by the schedule, which is drawn up for the next year 2 weeks before its start. The document is mandatory for both the employee and the employer.

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 notification has not been identified by the TC. Accordingly, it will not be considered an error if a similar document intended for the CEO is signed by the chief HR department or another person authorized to draw up vacation papers.

Any employee, including the director of the company, goes on annual rest on the basis of the corresponding order. It can be issued in the T-6 form, if the decision on the rest is made by the manager himself. In this situation, he puts his visa both in the "Manager" 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 an error, since the order in the T-6 form is authorized to sign only the head of the company or a person replacing him.

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 read the document.

Outcomes

The general director of a company should write an application for vacation only in a situation where such a need is spelled out in the charter of the company, 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 a mistake and it makes no sense to write it to yourself.

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How can a CEO write a vacation application?

Every citizen of the Russian Federation employed in labor activities should be provided with types of leaves guaranteed by law upon his application. However, the status of the CEO initially presupposes a slightly different order. documenting such days of absence for work.

How is it correct in such cases for a superior leader to draw up a statement and who should put his resolution on the issuance of the corresponding order?

What does the Labor Code of the Russian Federation say?

Leave eligibility is guaranteed by many regulations labor legislation of the Russian Federation. Here are the basic principles of its provision, set out in the official documents:

  • All workers should be provided annual vacation based on 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 employee's vacation period, the administration of the organization must notify him of this in writing. If he leaves to rest on schedule, then he can not write a corresponding statement on this issue. Otherwise, you cannot do without drawing up a written request.
  • The decree of the State Statistics Committee of the Russian Federation dated 01/05/2004 No. 1 states that if only a month is shown in the vacation schedule, and not the exact date of leaving on annual leave, then a statement from the employee is required. In its content, the worker must enter the exact date of the beginning of this period and the number of days.
  • Article 128 of the Labor Code of the Russian Federation stipulates the principles of granting leave without pay. In this case, the employee is required to written request indicating the beginning and end of the period when he will not go to his workplace.
  • Providing maternity leave and parental leave the head of the organization is carried out in general order described in the laws governing the Social Security Fund.
  • If, during the 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 the general standards related 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 on the basis of the schedule of activities of a particular organization.

If the company has its own Articles of Association, then it is necessary to follow its provisions.

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

Thus, everything depends on each individual situation.

Basis for drawing up

Most workers know how to write a vacation application. But how, in this case, the general director should act is already a question that is not clearly regulated by labor legislation.

Often, the complexity arises due to the fact that the leader is the founder of the organization.

In the case of registration of documents for sending the general director on vacation, it assumes 2 options for the development of events: with or without writing an application.

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

When needed

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

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

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 summon all shareholders to a meeting and the dependence on quorum is eliminated.

Leaders are already accustomed 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, there is a strange feeling that something is wrong. And what about the rest? Let's figure out how to properly fill out an application for.

If the company is a joint stock company

On the one hand, the director is the same employee. And it is subject to labor law. Annual rest of 28 calendar days is no exception. According to the Labor Code, it is enough to write a vacation application on time. But the registration of the CEO's vacation is also regulated by the organization's charter.

As a rule, the charter prescribes that going on vacation must be coordinated with the meeting of shareholders and approved by the minutes of the general meeting. The director addresses the meeting by writing a free-form statement (an example is attached). Then, based on this protocol, it is issued. The document is published 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 the vacation application, if we are talking about 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 is sent on vacation with the consent of the meeting of the 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 a vacation application. Together with all employees, the director must notify the HR department at the end of the year on what dates he is going to rest next year. Specialist personnel unit enters this information into the.

Before going on vacation, it is enough to have a properly executed order in the form of T-6, signed by the director himself.

Underwater rocks

Almost all documents in the company are certified by the signature of the CEO. The work of the organization does not stop while he is away on 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 for the transfer of signature rights.

You can also delegate your authority during your absence to another employee. This is done in the form of an order. In it, you need to prescribe the time for which the employee, and the conditions (payment, whether it is exempt from basic functions or should be combined). The order is signed by the CEO or the chairman of the shareholders / founders meeting. There is no unified form.

Conclusion

Just like any other person, the director cannot neglect his right to rest and must use his 28 days a year (Article 122 of the Labor Code of the Russian Federation). The vacation can be postponed, but one cannot but rest for more than two years in a row, according to Art. 124 of the Labor Code of the Russian Federation.

The Labor Code stipulates that employees are entitled to annual paid leave in accordance with the approved schedule. The employee is notified of the "vacation" time on receipt no later than two weeks before their start.

Who is in charge

The employee is not obliged to write a written application for leaving on vacation if the start dates are indicated in the schedule. If only a month is registered, then writing a statement with an exact date is a must. The order of registration for the boss is slightly different: the boss always decides for himself when he goes to rest.

The procedure is quite traditional, but when designing it, the director takes into account several possible options:

  • the decision on the start date is made by the general meeting;
  • the manager is at the same time the sole founder of the company.

The responsibilities and rights of the first person are defined constituent documents organizations. Therefore, the Charter also regulates the procedure for granting the head of the enterprise "vacation" time.

Resolutions in LLC are passed by the general meeting. If the decision to grant is made by the participants open society, the chairman signs it.

The issue can be resolved directly by the director himself. If the verdict is passed by him, then he puts the signature.

If the Charter of the company is silent about the days of the annual respite of the chief of the company, then it is necessary to be guided by the norms of the Labor Code. The manager is the same employee as the rest.

Therefore, he, like ordinary employees, must express his consent in writing. Also, the boss must agree to an early exit to work.

His own master

Notifications about the beginning of rest of other employees are endorsed by the head of the organization or a personnel officer by proxy. The director is the same employee as the others. Therefore, the first person of the company writes a statement addressed to himself.

In any case, an employee of the personnel department should notify the manager of the beginning of the long-awaited time in two weeks. Otherwise, an absurd situation arises: the chief of the enterprise will have to notify himself.

Let the status of the first person be quite high, but, like the rest, he is given a paid vacation every year, lasting at least 28 calendar days.

Before leaving for the long-awaited vacation, the head of the enterprise appoints an acting person. The question of who these obligations are assigned to is decided before the boss leaves for the holidays. Often, the replacement function falls on the deputy: this is directly spelled out in his contract.

If the head of the enterprise sole founder, everything is much simpler: no application is required. The decision of the founder is drawn up to grant vacation to himself as the head of the company. An order is issued in the form of T-6. The data is entered on the T-2 card.

The vacation procedure is quite traditional. According to TC, everyone in the organization is entitled to annual rest, registration is carried out according to the norms of the code.

The vacation application from the general director (sample below) is considered at the 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's 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 CEO's vacation, 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 vacation to the director is decided at the general meeting of founders, the manager will have to contact the general meeting of founders and discuss the issue of his vacation at this meeting. Moreover, there it will be necessary to resolve the issue of the candidacy of the person who will perform the functions of the chief during his absence. The results of the meeting are drawn up in a protocol, information from which serves as the basis for including the relevant information in the schedule, and further, for issuing an order on granting 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 over the general meeting, who is not the director of the organization.

Free-form sample order

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 about 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 a deputy for the period of his absence.
  3. Includes information about his vacation in the vacation schedule.

Director's leave application (sample) in the form of a notification

When it comes time to go on vacation, the director instructs his subordinates to prepare an order for his vacation, he himself signs and gets acquainted. In this case, the order is issued according to the unified form T-6.

Sample order according to the form T-6

Who can act as a director in his absence

The duties of the manager for the period of his absence can be performed by:

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

Remuneration for labor in the first case is regulated by the Clarifications on the procedure for remuneration 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 the temporarily absent director is carried out, the surcharge for the replacement must be established.

The legislation also provides for other methods of replacing an absent director, such as a fixed-term employment contract (), part-time work (), temporary transfer to another job (), but in practice they are used, as a rule, when the head of the organization is absent from work for a long period of time, but it retains the previous position (for example, parental leave).

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

How to fill out an order correctly

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

There is a generally accepted rule: 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 is acting temporarily for a vacant position.

In principle, you can use both options, there is no fundamental difference, with the exception of state organizations, where these issues are indicated in the relevant instructions.

Delegation of powers in the performance of duties

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

The power of attorney must be executed on the company's letterhead, contain information about the time and place of its writing, 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 details, 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, avoid double interpretations, and the names of the institutions in which the representation of interests is planned should be written in full in order to avoid misunderstandings.