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Application for director's leave. We issue the necessary orders

When employees are going to take annual leave, the head of the company is in charge of signing applications.

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However, what to do in a situation where he himself must go on vacation? What documents should be prepared? The answers to these questions will be discussed in this article.

How to properly arrange an annual vacation?

There are two options for registering the general director’s leave, one of which must be indicated in the company’s charter.

With a written application

IN in this case a petition is written to provide the required rest, indicating the time of absence, date and name of the originator.

Used in cases where the decision is made by shareholders.

An example document is presented below:

Sample application for leave

As a result of the meeting of members of the society, the following is determined:

is it worth providing leave for the specified period;
who will temporarily serve as director.

Without filing an application

A preferable option that allows you not to waste time agreeing on a decision with shareholders.

In this case, the director will only need to draw up an order to transfer authority to another employee for the rest period.

In practice, it often happens that the charter does not indicate the method of registering leave.

In this situation, the director plans it when drawing up a general statement, but there is no need to write a statement.

Before going on annual vacation you should prepare:

Employment agreement establishing deadlines. It indicates the period during which the duties of the director will be required, as well as remuneration.
An order in the form prescribed by law. When the head of the company has the right to determine the date of going on vacation, he independently signs the order. Otherwise, the formality is performed by the chairman of the general meeting. The document must contain the full name of the manager who is going to take a break from work, and the period of removal from office (date, number of calendar days).

The head of the company can delegate his powers (subject to the content of such a clause in the contract):

Deputy;
an employee carrying out orders in the order of combining positions;
head of a structural unit;
to a new employee when drawing up a “fixed-term” contract.

The legislation does not provide for requirements for the qualification level of a specialist replacing the general director, but he must be able to competently manage the enterprise.

Before being removed from office free form an order is drawn up to transfer responsibilities:

Sample order

How are holiday pay calculated?

Payments to the CEO are calculated on the same basis as for other employees.

The following are accepted for the billing period:

last 12 months – if work activity in a particular organization lasts more than a year;
actual time of work at the company - if the director worked less than a year. The accountant must take into account days of absence on sick leave, business trips, etc.

Vacation pay to the head of the organization is determined by the following formula:

AMOUNT=ZPav.d. x N, where

ZPsr.d. – the average daily salary;
N – number of days of vacation provided.

With a fully worked out billing period, the average salary per day is determined as follows:

Salary average = Salary year. ∶ 12 months ∶29.3, where

Salary year. – annual wage employee.

When calculating vacation pay, specialists must take into account:

official salaries;
salary at piece rates;
bonuses for professionalism;
bonuses.

If the period is not fully worked, the average daily salary is determined in several steps.

The accountant calculates how many days the employee has worked fully:

D_1=Nmonth. x 29.3

It is determined how many days were worked incompletely:

D_2=29.3∶Dn.o. x D p.o

The total number of days is calculated:

Ext. = D1 + D2

The average salary per day is determined:

ZPav.=(ZPinit.)/(Add.), where

Nmonth – number of months worked;

Bottom. – how many days were not fully worked in last month before vacation;

Dp.o – the number of days that were worked in full;

Salary – accruals for the period of time under consideration.

Example No. 1.

General Director of the Edelweiss company M.M. Belova took annual leave from 07/16/2015 to 08/16/2015. Salary for Last year work amounted to 880,000 rubles. Determine the amount of vacation pay.

Solution:

We determine the average daily salary using the formula discussed earlier:

Salary average = 880,000∶12 months. ∶29.3=2502.8 rub.

We find the amount of vacation pay due to M.M. Belova:

AMOUNT = 2502.8 x 28 days = 70,080 rub.

Example No. 2.

General Director of OJSC "Siyanie" F.N. Teremkova got a job on October 15, 2014 and is going to rest from July 16 to August 16, 2019. In February 2019, she was sick for 2 weeks. Payments for time worked amounted to 670,000 rubles, sick leave – 27,000 rubles. Determine the amount of vacation pay.

Since S.V. Teremkova worked an incomplete period, you need to make the following calculations:

D_1=9 months. x 29.3-14=249 days – F.N. Teremkova worked completely

D_2=29.3∶31 x 15=14 days - were worked incompletely, plus another 14 days for February

Ext. = 249+14+14 = 277 – days used for calculation

670,000 - 27,000 = 643,000 rubles. – salary accepted for calculation

Determine the average daily earnings:

Salary average = (643,000 rub.)/277 = 2321.3 rub.

Vacation pay will be:

2321.3 rubles x 28 = 64997 rubles.

Is it possible to recall a manager during a vacation?

The head of the company can indeed be recalled from vacation, but to do this, the rules established in the Labor Code of the Russian Federation must be followed.

Such a decision may be made in the following cases:

at the general meeting of shareholders - drawn up by the relevant minutes and order;
with the written consent of the director about a premature return to work duties;
at the initiative of the manager.

If it needs to be done, an additional order is drawn up.

Using this document, the HR specialist determines the number of unused vacation days and enters changes into the personal card, as well as the vacation schedule.

Managers 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 I have a strange feeling that something is wrong. What about 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 he is subject to labor laws. The annual vacation of 28 calendar days is no exception. By Labor Code, it is enough to write a vacation application on time. But the registration of the CEO’s leave is also regulated by the organization’s charter.

As a rule, the charter stipulates that going on vacation must be agreed upon with the meeting of shareholders and approved by the minutes of the general meeting. The director addresses the meeting by writing a statement, which is written in free form (we attach a sample sample). Then, based on this protocol, it is released. 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. 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 who is writing the vacation application to CEO, If we're talking about about LLC. In this case, the registration of leave depends on what is written in the charter. If, in addition to the general director, there are several founders and, according to the charter, the general director goes on vacation with the consent of the meeting of founders, then the procedure is similar to that described above for a joint-stock company.

If the leave of the general director and the sole founder of the company is issued as one person, then there is no need to write an application for leave. Together with all employees, the director must notify the HR department at the end of the year on what dates he plans to take a vacation. next year. The HR specialist enters this information into.

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

Underwater rocks

Almost all documents in the company are certified by the signature of the general director. The work of the organization does not stop while he is away on official business or on vacation. But at this moment 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 signing rights.

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

The question is in what order does a director go on vacation, and to whom does he write? , if we are talking about a commercial enterprise, must be specified in the charter.

Note that, according to general rule, an application for leave, including that of the general director, is not a mandatory document. But the organization’s charter may provide that the issue of the general director’s leave of absence is resolved at a general meeting of participants (shareholders) of the company. In such a situation, an application will be required.

Registration of the rest required for the director can take place according to one of three possible options:

The charter does not separately stipulate the director's leave or the director is the only founder;

The charter stipulates that the decision on the director’s leave is made by the general meeting of members of the company or shareholders;

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

In the first case, the question is about who he writes to leave application general director, the easiest solution is that the head of the enterprise does not have to write a statement. It is enough for him to issue an order by which he announces his decision to go on vacation, indicating the start date and duration, as well as which of his deputies will be assigned to him. during vacation.

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

In the second case, the application for leave of the general director must be written by him addressed to the chairman of the general meeting or addressed to the general meeting of the company members (shareholders). The application for leave of the General Director of the LLC is presented below.

From the answer

Third provision option CEO leave the most preferable - in this case there will be no need to convene a general meeting and achieve a quorum in order to make, in general, a routine decision. The CEO will be able to independently decide at what time he can rest and how much to take.

It should be noted that the director is no exception when it comes to drawing up a vacation schedule. Just like other employees of the enterprise, they must plan their vacation in advance and inform its expected date to the employee who is entrusted with drawing up . An application for leave from the General Director will be required if the leave is not planned in the vacation schedule or this issue must be agreed upon with the general meeting.

How to fill out an application from the director to the general director for leave

Some leadership positions in large enterprises they may also be called “director”. Usually, this is the head of some service, department at some large enterprise. Wherein, provided for this category of workers - general. They do not need to coordinate their vacation with the Board of Directors or the general meeting. They can express their request for days off 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 general director.

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

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

We 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 on 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.

Statement from the director to the general director vacation will be signed taking into account the actual production situation. 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.

On the other hand, arranging leave is a personnel procedure that requires some time. That's why local act The employer may set a minimum period for submitting an application for director's leave. This period should be sufficient to enable the registration to be completed. In the case when the issue of the general director’s leave is decided by the general meeting, the head of the enterprise will need to write the appropriate letter. If this is not provided for in the company’s charter, 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 processed only if it is agreed upon by both parties.

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

According to Art. 124 of the Labor Code of the Russian Federation prohibits failure to provide annual paid leave for two years in a row. This also applies to the sole director. Considering that this is the same violation of labor legislation as any other, the organization may be brought to administrative liability

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

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

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

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

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Client clarification

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

How is leave granted to the CEO?

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

without pay (administrative leave);
paid annually.

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

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

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

For reference: the director is hired workers- accordingly, the norms of labor legislation apply to him. His legal status within the framework of employment is specified in employment contract. The duration of the next paid leave is also fixed there.

To whom does the CEO write a vacation application?

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

If the director is the sole founder or the constituent documents of the enterprise indicate that the issue of providing him with rest time is decided by him himself, then the director’s application for leave to himself is written. A sample application can be downloaded from our website.

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

A sample order can be approved by a local act of the enterprise, although it is also possible to use the unified form T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1.

How does a director arrange a vacation for himself?

If the director has received the authority to independently decide questions about his rest time, it is not necessary to write a statement. It is enough to do the following:

Submit a vacation order with your signature.
Draw up an order for the main activity on assigning their duties during the vacation to an authorized person.

For reference: despite the fact that the director has the right to independently decide on the time of rest, he must also be notified of its start 2 weeks before the expected date. As a rule, this is done by an employee of the HR department.

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

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