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. The employment agreement between the director and the company is signed on the part of 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 manager does the same 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 appropriate 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.

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.

Download a sample vacation schedule.

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.

The head of the company has the same right to annual leave as other employees of the company. However, there are exceptions in this case: the head, who is at the same time the sole founder of the organization (if an employment contract is not concluded with him), as well as the case when the legal entity does not have a head who is its employee, and the management is transferred to a third-party manager (managing organization ) under a civil law contract.

Granting vacation to the head of the organization

The issue of granting leave to the general director of the organization may be regulated by the charter of the organization.

According to the charter, the issue of granting leave to the director may be referred to the competence of:

• general meeting of the company's participants;
• board of directors of the company;
• the head of the company.

Of course, if the issue of granting leave is decided by the meeting or the board of directors, this entails certain organizational difficulties, therefore it is advisable to choose the option when the head of the company independently decides on the time of his vacation. If the internal regulatory documents do not stipulate the issue of granting leave to the General Director, then the same procedure applies.

Thus, the manager must be warned about the vacation two weeks before it starts. This can be done by an employee who is responsible for personnel production. The order (instruction) on granting leave in relation to himself is signed by the head of the organization and signs for familiarization with it already as an employee. Just like all employees, the manager must be calculated and paid vacation pay.

Director's leave order (sample)

Let's take a closer look at filling out the order. The order, as a rule, is drawn up by an employee of the personnel department. If the company does not have a personnel department, then the responsibility for compiling this document is assigned to the employee who is responsible for personnel records management in the company (for example, the secretary or accountant of the company can perform these functions).

The order for the leave of the General Director is filled in (we will provide a sample order for review below) in the same form as the order for the grant of leave to any other employee of the company. For these purposes, a unified form of the document can be used or a form independently developed for these purposes can be used.

If the company decides to use a unified form, the order to grant leave must be drawn up in the form No. T-6approved by the Decree of the State Statistics Committee of Russia No. 1 dated January 5, 2004.

Does the head have the right to sign the order himself or is it considered a mistake? In fact, it depends on who decides whether to grant leave to the CEO of the company:

• if the issue of granting leave to the director is decided by the meeting of participants or the board of directors, then the order is signed by an authorized person. The person endowed with these powers may be specified in the company's charter, minutes of the general meeting of the company's participants;
• if the general director decides on the issue of granting leave on his own, then he also signs the order on his own and this is not a mistake.

The unified form T-6 is not difficult to fill out. In the header of the order, it is necessary to fill in the name of the company, OKPO code, order number and the date when it was drawn up.

The main part of the order contains the following information:

• Who is granted leave (full name, personnel number of the employee, structural unit and position he occupies);
• The period of work for which leave is granted;
• The period of annual paid leave and the dates on which it is granted;
• The period of additional leave and the dates on which it is granted;
• Total vacation days (paid, additional);
• Signature of the head indicating the position;
• Signature of the employee, which confirms his familiarization with the order and the date of familiarization.

When applying the unified form T-6, it must be borne in mind that it provides for the signing of the order only by the head of the company, so it is advisable to use this form if the director has the authority to approve his leave on his own. If the decision to leave is not made by the leader himself, then it would be right to develop the form of the order on his own. It is not forbidden to take a unified form as a basis, supplementing it with the necessary columns, that is, adding a column for the signature of an authorized member of the company.

Not only the head can sign important documents. This issue is especially acute when the authorities went on vacation. Who can replace him? Who will sign orders, sick leave, etc. instead of him? We'll help you get oriented.

Vacation status

The Labor Code grants the right to paid leave to the general director of the organization (president, head) on an equal basis with other employees. At the same time, the boss has much more powers than a full-time employee. Therefore, in order for the enterprise not to freeze during his absence, another person must be appointed to perform the functions of a manager.

As for any subordinate, the time of illness and vacation in the literal sense is not paid by wages, since this is not working time. Instead, there are vacation and sick pay. In addition, the boss, while on vacation or on sick leave, is not formally an official of the company and cannot perform his duties. Including signing various documents of the enterprise: orders and so on.

Transfer of authority

It is necessary to make a decision on substitution in some cases of absence of the head. If the absence will be short-term, then this is not necessary.

So, before going on vacation, the manager of the company must appoint an employee who will replace him by issuing an appropriate order. This document stipulates that the person acting as manager is authorized to exercise temporary management of the enterprise. He signs documents when the director is absent, concludes employment contracts with new employees, certifies tax and accounting papers, represents the company in courts, government agencies, and so on. An order is a valid document for activities within an enterprise.

In addition to the order, it is necessary to make a power of attorney to transfer all (or part) of the powers of the head. It is needed if, according to the charter of the organization, it is not possible to transfer powers in the absence of the head.

Issue a power of attorney on letterhead with certain details. It provides data on the validity period, the date of issue, to whom it was issued, the composition of powers, the signature of the current head of the company. If the power of attorney does not specify a period, then it is valid for one year from the date of issue. All requirements and rules for the execution of such documents are specified in Articles 185 and 186 of the Civil Code of the Russian Federation.

The power of attorney must necessarily have the signature of the head, the date of signing and the seal, if the company works with it.

Keep in mind: without a power of attorney during the absence of the head, the organization will not be able to work smoothly, the payment of salaries, vacation pay and sick leave will be suspended. An authorized deputy, having an official document, will be able to manage the company's money and make the necessary purchases, sales, and sign important papers.

The power of attorney can be revoked by the boss at any time. The employee to whom it is issued has the right to refuse it. But only not in the case of an irrevocable power of attorney (Article 188.1 of the Civil Code of the Russian Federation). It can only be canceled in certain cases.

Who can be a substitute

In large companies, the general director usually has a full-time deputy for the temporary transfer of control, who has the obligation to replace the first if necessary in the employment contract. Between the parties to the employment contract, by agreement, the amount of additional payment is established for the deputy as a person combining positions (Article 151 of the Labor Code of the Russian Federation). As a rule, its value is equal to the difference between the salaries of the head and the substitute.

If there is no full-time deputy

Often, in small organizations and individual entrepreneurs there is no full-time deputy. In this case, the authority can be transferred to one of the heads of departments to combine positions. Before issuing an order, you need to sign an agreement that will be an addition to the employment contract. It prescribes the term of performance of the duties of the director and the amount of the due surcharge.

The head in the order on combining positions must indicate:

• specific powers of the deputy (i.e. what work he will have to do and how much);
• deadlines for the deputy to fulfill his powers;
• the specific amount of the surcharge;
• whether the deputy has the right to sign financial documents.

The law does not impose specific requirements on the person temporarily acting as head. However, his qualifications must be high so that he can competently manage the business.

Another option is an employee who does not combine his position with the duties of a manager, but is temporarily transferred to such a place. The transfer procedure is prescribed in Art. 72.2 of the Labor Code of the Russian Federation. Such a transfer can be for up to one year. But if the term has expired, and the replacement employee was not provided with the previous place of work, then the transfer automatically flows into a permanent job.

Do not forget that when an employee is transferred to a replacement position, the area of ​​\u200b\u200bthe work performed by him is vacated. So, you have to look for someone else to take his place. Therefore, the transfer of an employee is not very convenient and requires a lot of effort.

Who is responsible in the absence of a gender

For damage caused to the company, the acting head is fully liable (Article 277 of the Labor Code of the Russian Federation). In addition, he is legally responsible for the damages caused. This is evidenced by the Law on LLC (clause 2, article 44) and the Law on Joint Stock Companies (clause 2, article 71).

If the head did not leave an authorized deputy, then he himself will bear criminal, administrative and financial responsibility for all incidents that occurred in his absence.

The leader did not appoint anyone

If the director, going on vacation, has not delegated his powers to anyone, then for the organization this state of affairs will be very deplorable. Any cash or non-cash payments will be suspended because such cash transactions require the signature of the chief official on the payment document. And the forgery of the chief's signature is unacceptable, as well as affixing signatures on blank forms "in advance".

HR activities

If the director is on vacation and there is no one to sign documents, orders for dismissal, hiring employees, for a business trip, vacation, sick leave, etc., then the work of the personnel department is completely paralyzed. It will be impossible to sign contracts and conclude important deals, financial well-being and the entire production process of the company will be in jeopardy.

There are reliable options for delegation of authority when a director goes on vacation. There is no need to leave the company unattended. A wise manager, going on vacation, should leave his deputy a memo about the deadlines for submitting reports, paying taxes, payments under contracts, and also leave the phone numbers of clients, customers and business partners.

He must sign. This document can be drawn up by the head of personnel or another responsible person.

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.

Before the general director leaves, it is necessary to select and approve his replacement by order. If he has a deputy, then there are no special problems. In the first case, a responsible person is selected, appointed, and wages are raised. All this should be written in the order. An approximate order is as follows: “I order the general director (full name) for a period (specify the period). 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 of (amount in figures)”.

note

CEO goes on vacation. Use the search on the forum! 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”?

Helpful advice

The CEO is on maternity leave. Please tell us how to proceed. If the term of office of your director has not ended, it seems to me that an order to appoint an interim director is sufficient "In connection with the departure of the director on maternity leave, I order to appoint for the period from" .. to ... the interim director, full name For the specified period, he is given the right to sign for the head of all financial documents, as well as accounting and tax reporting."

Sources:

• director goes on vacation

The CEO, like any other employee, must be included in the schedule vacation ov. When leaving for the prescribed rest, it is advisable to appoint a deputy. Well, if the organization has a person replacing him, but if not?

In this case, by order of the General directors a responsible person is appointed. Remember that the choice of such a person must be approached responsibly, because leaving for vacation, you trust your business to a person.

If the decision to vacation If the meeting accepts, then the participants choose the deputy. All this is documented in a protocol (decision), where everyone puts their signatures.

Do not avoid drawing up an order (instruction) for the provision vacation a (form No. T-6). The order may be signed by the assembly. In another case, no matter how absurd it may sound, the head himself must sign, and put a second signature in the line "".

All documents are transferred to personnel workers, and there already in the accounting department, where the accruals are. Like any other employee, vacation nye payments to the general director must be issued three days before going on vacation.

Sources:

• CEO leave order

Appeal to the manager on issues requiring a formal decision must be made in accordance with the rules in writing. And every working citizen of our country was faced with the need to draw up such a document, since it was statement is the basis for many decisions. This may be hiring, transfer, dismissal or the provision of another vacation.

You will need

• - Sheet of A4 paper;
• - pen.

Instruction

In the legislative acts of the Russian Federation there is no regulated form for the name of the director of the enterprise, but there are generally accepted norms and rules for the design of business papers. There is only one obligatory condition for this document - it must be written by hand. So get a piece of A4 paper and a pen ready, and the printed text of the standard statements will serve as a model for you. Some of the templates you can see by clicking on the link at the end of the article. Adhere to the business style of communication in writing a statement, be as brief and specific as possible, avoiding descriptions of unnecessary details and circumstances.

Start processing your application by filling in the details. They should be located in the upper right corner of the sheet. Here, indicate the position, last name, first name and patronymic of the head in the "to" format. Immediately below it, write your position, the name of the structural unit of the enterprise in which you work, your full name in the "from whom" format.

In the center of the sheet, write the name of the document "Statement" and below it briefly the essence of the appeal. Next, state your request and indicate the dates, if necessary. Sign the document and decipher the signature in brackets, indicating the surname and initials.

Helpful advice

Remember to register your application with the secretary. This will allow you to confirm the fact of your written appeal, in case the document is suddenly lost and you need proof of your appeal to the manager. For example, upon dismissal of one's own free will. Here, according to Article 80 of the Labor Code, the countdown (two weeks) allotted by law for warning the employer begins on the day after the receipt of the employee's application. After this period, the employee has the right to stop working and demand the issuance of a work book with a record of dismissal and full payment.

Sources:

• 2019 job application template

Surcharge to the basic salary can be issued in connection with the combination of two positions or with an increase in the volume of work performed. According to the instructions of the labor law, any additional payment must be documented.

You will need

• - additional agreement;
• - order.

Instruction

The internal regulations of your enterprise should contain detailed instructions on the tariff increase in wages associated with the combination of positions or an increase in the volume of work performed. The surcharge can be indicated in a fixed amount of money or as a percentage of the salary or hourly tariff rate, it depends on the form of remuneration at your enterprise.

You can entrust an additional amount of work or combine professions only by mutual agreement with a working employee. Document the agreement in the form of an additional agreement to the current employment contract. Bilateral signing of the agreement means that the employee agrees to perform an additional amount of work or combine professions for an additional payment. Specify the amount of the surcharge as a separate item in the executed and signed document.

Based on the newly created additional agreement, issue the order. Give in it a link to regulations, to the agreement drawn up, indicate the amount of the surcharge, the timing for the implementation of an additional amount of work or combining professions.

Familiarize the employee with the order against receipt. Submit a written notice to the accounting department about the accrual of an additional payment to the basic salary or hourly tariff rate. Based on the notification, the employee will be charged in accordance with the new wage conditions.

You can entrust an additional amount of work or a combination of professions for 1 month, during which you must find a job seeker for vacancies.

Make tax deductions from the entire amount of earnings. Deductions do not need to be made from social benefits, financial assistance and lump sum payments. Accruals on social benefits should be carried out taking into account all the amounts of the employee's earnings, which include the completed one.

Advice 6: How to arrange a vacation for the general director of an enterprise

Like any ordinary employee of the organization, the general director of the enterprise is entitled to an annual basic paid vacation. Its design has a number of features, because the head of the company is responsible for the entire company. An acting officer should be appointed in his place.

You will need

• - enterprise documents;
• - forms of relevant documents;
• - director's documents;
• - pen;
• - seal of the organization;
• - Labor Code of the Russian Federation.

Instruction

The decision to grant leave to ordinary employees of the organization is made by the director of the enterprise. If he himself needs to take a vacation, the right to make this decision should be written in the constituent documents of the company. If this is not enshrined in the charter of the enterprise, the general director must write an application addressed to the chairman of the constituent assembly about the possibility of granting him a vacation if there are several participants in the company, or addressed to the sole founder if the enterprise has one participant. The head of the organization must submit this vacation application for consideration to the chairman of the board of founders or the sole participant no later than one month before the expected vacation date.

When the charter or other constituent document of the organization states that the director himself has the right to decide on the granting of leave, then his leave must be included in the vacation schedule in parallel with other employees. Two weeks before the actual date, a notice must be served, which he should sign, thereby agreeing to the start date of the vacation.

The director should draw up an order in the unified form T-6. The subject of the document corresponds to the provision of the employee's leave. Give the order a number and date of publication. In the administrative part of the document, enter the last name, first name, patronymic of the head of the enterprise, the name of his position, structural unit. Indicate the start and end dates of the vacation, write the number of calendar days of vacation provided. The right to sign is held by the director of the enterprise, if he himself made this decision, by the chairman of the board of founders, if the issue of his leave was considered at a meeting of participants.

In parallel with the order to grant leave, it is necessary to draw up an order to appoint an acting general director during his absence. Such a person may be the head of one of the structural units, if the staff list does not provide for the position of deputy director.