Leader's vacation application. The employee changed his mind about going to rest: what to do? The last stage is the calculation of the average wage

The CEO's vacation application (sample below) is required to be filled out if it is expressly provided for by the organization's charter.

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

The position of the general director assumes management of a limited liability company or joint stock company.

In both cases, the main provisions on the organization of the company's economic activity and its management are spelled out in the charter.

If the CEO's vacation is spelled out in the charter:

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

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

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

A characteristic feature of a labor contract with a manager is often the condition of irregular working hours. And an irregular schedule, in accordance with Article 119 of the Labor Code of the Russian Federation, is the basis for providing additional days for vacation. The number of such additional days cannot be less than three.

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

Therefore, the statement submitted to the general meeting of participants or shareholders is rather organizational in nature than permissive.

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 not be at his workplace, and for how long.

Usually, at the same time as considering the CEO's vacation request, the general meeting considers the appointment of an interim.

Sample CEO vacation application 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:

• give the CEO another paid vacation
• appoint an interim general director for the period of his vacation

Here sample decision of the general meeting about the CEO's vacation.

And based on the results of the decision taken by the general meeting of participants (shareholders) to grant leave to the CEO, an order is issued on the enterprise.

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

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

If the CEO's vacation is not described in the Charter

In this case, the general principles of the law should be followed.

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 both the management and ordinary employees of the legal entity.

In a situation where the general director of an enterprise is not obliged to coordinate his vacation with the founders, he is guided by his own considerations in this regard and the vacation schedule.

If there is a personnel worker in the staff of the enterprise, or a manager responsible for personnel records, he can prepare and send a notice of the upcoming vacation to the CEO, no later than 14 days in advance. This does not contradict the law, because the labor legislation does not specify with whose signature such a notice is being prepared.

Upon the expiration of the deadline specified in the notification, the general director goes on vacation, appointing by order a 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 a vacation application.

Still have questions? Ask them in the comments.

How to arrange a vacation for the CEO?

The head of the organization decides on basic personnel issues, including signing orders for granting leave to employees. But what if the CEO himself is going to take a break? In whose name is he writing the application, and who is authorized to "let" him go on vacation? Today we will consider these and other issues related to the leader's rest.

Does the director need to write a letter of leave?

There are two options for issuing a CEO vacation. In the first case, he must write an application for a vacation, and in the second such an application is not required. Which option should you choose? It all depends on how it is settled in the organization's charter.

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

If there is no such rule neither in the charter, nor in other internal documents of the organization, then the general director himself plans his vacation. Leave for the first person should be included in the vacation schedule, as well as for other employees. In this case, a vacation application is not required, and the manager 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 notice is presented in No. 2, 2006 on page 50).

I must say that the second option is preferable, and here's why. The CEO’s vacation is, of course, an important issue, but not enough to call 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 (the required number of votes), discuss the problem, make a decision, draw up a protocol (sample). To avoid wasting time, it's best to let the CEO decide on his own vacation. And to do this, write in the charter that the general director is authorized to make such a decision on his own.

We issue the necessary orders

For registration of any leave, you need to use the unified forms of orders for granting leave - No. T-6 and T-6a *. And the general director in this sense is no exception - his vacation is also issued on a unified form. But here the question arises: who should sign such an order? Indeed, 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 the decision of the general meeting, the order can be signed by the chairman of the general meeting or another person authorized for this. 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 general director leaves on vacation, the question of who will act as a manager at this time is being decided. Usually, this mission is entrusted to the deputy director, who has this function expressly spelled out in the employment contract.

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

How to recall a director from vacation?

This issue is not regulated by law, therefore, it is necessary to be guided by the general norms of the Labor Code on recall from vacation (Article 125 of the Labor Code of the Russian Federation). In addition, in practice, there are certain rules for documenting such a situation. Let's talk about them in more detail.

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).

Another design option is based on the fact that the general director, 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 out of vacation. However, in practice, this option often replaces a revocation. In this case, the director issues an order for early exit from vacation (sample above). Based on the order, the personnel officer determines how many days of unused leave the manager still has, and makes changes to his personal card of form No. T-2 and the vacation schedule.

** An additional agreement to the employment contract must be concluded with the employee who is temporarily assigned the duties of the CEO (see page 50 for a sample).

Director's vacation

The bosses, managers and CEOs of absolutely all organizations have the legal right to take regular paid leave, just like other employees. However, before retiring, the director is faced with additional problems, the main one of which is the appointment of a responsible person who will be able to faithfully fulfill all the duties of the manager.

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 order preparation

The current labor law stipulates that any employee can go on vacation only on the basis of a written application, which he must promptly submit to his manager. It is on the basis of the agreed statement that one more important document will be drawn up in the future - an order within the company.

The legislation of the Russian Federation establishes certain deadlines in 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. Compliance with the deadlines is required, first of all, so that the employer can perform all the necessary actions, for example, the calculation of 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 legal ways:

1. The employee selected for replacement will continue to carry out his own duties, but this time together with the duties of the director. Most often, this method is chosen in the event that the powers of the head will be performed by his current deputy.
2. An employee who will act as a manager will temporarily stop performing his own duties.

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

It should be borne in mind that absolutely all the important nuances of the subsequent replacement of the head must be agreed upon by the parties in as much detail as possible. At this stage, additional items may be added to the replacement order, depending on the wishes and opinions of the parties. At the same time, a potential deputy of a temporarily absent manager always retains the right to refuse to sign the order of combination. In this case, the manager will have to find another employee who will agree to take on all the proposed responsibilities and authorities.

The content of the order and the rules for its preparation

The current norms in the field of labor law, as well as office work, do not establish a unified form that could be applied by institutions. This means that the order can be drawn up and signed in free form, but with the obligatory inclusion in its content of the following most important aspects:

1. The immediate reason for the order. As a rule, they write here: "In connection with going on annual leave."
2. A link to the employee of the company who temporarily assumes the responsibility of replacing the manager who has gone on vacation. The following information should be indicated here: Name of the person in charge and his position.
3. Next comes one of the main parts of the document, in which all important aspects and features of further replacement 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 released from them.
4. The next part should contain all the nuances regarding the order of surcharge for replacement. The amount must be indicated accurately.
5. The following is a detailed decryption of the list of powers that the person in charge is temporarily acquiring. It is imperative to make a note about the right to sign certain important company documents, as well as the authority to handle and use economic property, etc. Here you can also indicate which papers are prohibited from signing by the person responsible for the substitution.

Separately, mention should be made of the powers of the representative office. The person appointed for replacement can acquire the rights to participate in various transactions. If the manager wants no one to participate in transactions except him, he must necessarily indicate this fact in the order.

As for the maximum amount of the additional payment - here the legislation of the Russian Federation does not establish absolutely any restrictions. That is, in fact, the manager 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 of the obligatory issuance of the corresponding order.

In fact, the departure of a manager on vacation should always be accompanied by the parallel publication 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 manager and take over his powers.

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

The entire registration procedure will include the following basic steps:

1. Drawing up and signing an order on granting the director 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 current regulations, to record the fact of going on vacation, as well as to notify other persons about the subsequent absence of the director from his workplace for a certain period of time.
2. Further, all the necessary accounting calculations are carried out, including the calculation of vacation payments.
3. The final stage is the drawing up of an additional, second order, in which the director transfers his own powers to a specific person.

As a rule, the manager himself or other responsible persons, for example, employees of the personnel department, are engaged in drawing up all the required orders. The order on the assignment of powers must be handed over to the person in charge for review. In the event that the employee agrees with all the information presented in the document, he puts his own signature in the appropriate place.

Does the director of an LLC need to write a vacation application

Labor legislation stipulates that annual leave is granted to the employee on the basis of the approved vacation schedule (part 2 of article 123 of the Labor Code of the Russian Federation) by means of the obligatory notification of the employee about the start time on receipt no later than 2 weeks before its start (part 3 of article 123 of the Labor Code of the Russian Federation) RF). It follows from this provision that the employee is not obliged to warn the employer about his leaving on vacation by writing a corresponding statement.

It should be borne in mind that the vacation schedule may indicate not the start date, but the month of going on vacation (Resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1). In this case, a statement indicating the exact date is required.

In addition, it is mandatory to write such a statement if the employee wants to go on unpaid leave (part 2 of article 128 of the Labor Code of the Russian Federation).

The procedure for granting vacation to the head

Despite the special status, the director of the LLC, like all other employees, is provided with annual paid leave of at least 28 calendar days.

IMPORTANT! The status of a manager assumes a slightly different, different from other employees, the procedure for formalizing leave on vacation. So, by virtue of Art. 274 of the Labor Code of the Russian Federation, the labor rights and obligations of the director are determined, among other things, by the constituent documents of the organization. Accordingly, the charter of an LLC should regulate the procedure for granting a vacation to a director.

The charter of an LLC may indicate that the issue of the director's leave is decided either at the general meeting of the company's participants, or directly by the manager himself.

Depending on whose competence lobbying for the director's leave, the procedure for issuing it will depend.

If by the charter of the LLC the issue of granting leave to the director is attributed to the competence of the participants, the latter should notify the company about the upcoming vacation. This can be done by notification, which is put on the agenda of the general meeting of participants. The notice should indicate when and for how long the director plans to rest.

A sample manager's vacation application can be downloaded from the link: Application for vacation of director of LLC - sample.

If by the charter of the LLC the decision of the vacation issue is not attributed to the competence of the participants, then the director takes it independently. In this case, it is enough for him to reflect his planned vacation in the vacation schedule. However, as a general rule, the director must also be notified by the employer. At the same time, in order to preserve the legal meaning of the notification, another person, for example, an employee of the personnel service, should inform the manager about the upcoming vacation.

Sample order for the vacation of the director of LLC

Depending on who in the society is lobbying for the granting of vacation to the general director, the procedure for issuing a personnel order for vacation will depend.

In the first case (if the vacation issue is decided by the company), the order is signed by a person authorized by the company. Such powers can be enshrined in the charter or minutes of the general meeting of participants.

For these purposes, it is allowed to use the T-6 form (Resolution No. 1), but with the introduction of appropriate changes into the unified form according to the rules provided for by the Resolution of the State Statistics Committee of 03.24.1999 No. 20, namely, its addition with the last column "Authorized Person of the Company". In this case, an authorized person will act on behalf of the company. An organizational order should be issued to change the T-6 form.

If the vacation issue is decided by the head himself, then the order to go on vacation is drawn up in the T-6 form and signed directly by the director.

The order indicates:

• order details;
• Personnel Number;
• initials and position;
• structural subdivision;
• working year;
• the number of calendar vacation days, the total duration of the vacation period.

Temporary transfer of authority

If the charter does not provide that several persons (for example, the director and his deputy) can act on behalf of the company, the manager must delegate his powers during the absence.

For this purpose, an order is issued on the temporary performance of the duties of the director by the deputy director. The order indicates:

• delegated powers;
• term of performance of duties.

In addition, a power of attorney is drawn up to represent the interests of the public before third parties.

Among other things, in the absence in the employment contract or job description of the deputy of the provision providing for the performance of the duties of the director in his absence, it is necessary to conclude an additional. agreements to the employment contract on the temporary combination of positions for the duration of the manager's vacation and the execution of the corresponding order.

If the manager is at the same time the sole participant of the LLC, it is enough for him to issue an order and transfer of powers.

As a conclusion, it can be noted that the mechanism for granting leave to the head depends on whose duties, in accordance with the charter of the LLC, are to resolve this issue. When resolving the issue of the head of the company, the participants of the company approve the release of the will of the director and draw up the corresponding order. Otherwise, these documents are drawn up directly by the director himself.

It is also important to note that today the legislation does not provide for the writing of an application as a mandatory document when going on vacation.

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. The labor agreement between the director and the company is signed by the chairman of the meeting of the company 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.

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.

Download a sample vacation schedule.

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 general director is signed by the head of the 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.

12.03.2018, 15:05

How to write a CEO vacation application? The head of the organization is going on vacation. Usually, leaving for the next paid vacation is accompanied by the writing of a corresponding application. But in this situation, we are not talking about an ordinary employee of the organization, but about its head. To whom should the application for the leave of the general director of an LLC be addressed? You can find a sample of this document in the article.

We look at the vacation schedule

The head of the organization, like all other employees, has the right to annual paid leave (Article 274 of the Labor Code of the Russian Federation). The duration of the vacation must be at least 28 calendar days.

The sequence of staff vacations is established by the vacation schedule. This document is approved by the head of the organization, taking into account the opinion of the trade union organization and is mandatory for both the employer and the employees (parts 1, 2, article 123 of the Labor Code of the Russian Federation).

In this regard, applications for vacation, including the application for vacation of the CEO, do not need to write to oneself. However, labor relations with the head, by virtue of his status, in addition to labor legislation, are regulated by the constituent documents of the organization.

The head of the organization, for one reason or another, may be absent from his workplace. Since the director is a key figure in the company, in his absence someone must fulfill his duties. For this, an order is drawn up for the acting director.

In general, the duties of the general director, which is quite logical, are assigned to his deputy. However, if the position of a deputy director for the state is not provided, then you can delegate the duties of a manager to any employee of the company.

As a result, the answer to the question about the application for vacation of the CEO (sample 2018, see below) depends on the provisions of the organization's charter.

Let us clarify that vacation is granted precisely for a working year, which, in general, is a one-year period starting from the moment of employment. Obviously, seniority for the purpose of calculating vacation depends precisely on the employee's working year, and not the calendar year. The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year, calculating the length of service, which gives the right to leave.

The procedure is spelled out in the charter

So, the answer to the question of who signs the CEO vacation application depends on the provisions of the organization's charter. If the decision to grant leave is taken by the general meeting of the participants (shareholders) of the company, then the application will have to be drawn up. It is clear that it should be addressed to the chairman of the general meeting of participants (shareholders). The application for the leave of the CEO of the sole founder is no exception.

In the document, the manager must indicate when and for how long he plans to leave. This issue is discussed at the general meeting of founders (shareholders). Then, a decision is made. At the same time, a candidate is selected to replace the director during his absence.

Especially for our readers, our specialists have prepared an application for the CEO's vacation, which is relevant for 2018.

If the charter of the company does not regulate this issue, then the director makes the decision on the period of his vacation independently, without taking into account the opinion of the founders (shareholders).

If the manager is the owner of the company, he independently decides when and where to rest. In this case, he does not write any statements.

CEO - employee

In this case, two options are possible.

Option 1

If the Charter states that the decision on the rest of the first person of the organization is made at the general meeting of the company's participants, the general director writes a statement addressed to the chairman of the meeting of the owners of the organization.

At the meeting of owners, this application is considered, and one of the decisions is made:

• approve;
• postpone;
• refuse.

The owners' decision is motivated by specific production reasons. The director is on the schedule.

If the rest is approved, a free-form order is issued. Who signs the order for the director's leave is the chairman of the owners' meeting.

In other cases, the vacation of the first person is either simply postponed in time, or the person will have to write a new application.

If the request is approved, it is necessary to transfer his powers for some time to a person capable of managing the enterprise. The order for the EO director for the period of vacation is signed by the chairman of the meeting of founders.

Option 2

If the Charter does not contain information on the procedure for granting annual paid holidays to the chief, the rules should be followed.

Required documents

Upon departure of the chief, it is necessary to prepare:

1. The decision of the owners of the company, if the director is hired; if the owner - go directly to the second point.
2. Vacation order.
3. A normative document on the temporary assignment of the duties of the first person to another employee, to the first deputy, for example.
4. A power of attorney to represent interests, which may be needed, for example, in court or a bank (for a court, an order on temporary performance of duties will not be enough, see Letter of the Ministry of Finance of Russia dated 09.25.2012 No. 03-02-07 / 1-227).

You also need to take care of the manager's vacation pay in advance, which should be transferred to him three days before leaving on vacation.

Interrupted rest

In special cases, the CEO can be asked to interrupt the rest, according to the rules specified in. Such a decision can be made at a meeting of the company's owners and formalized by an appropriate order. However, in this case, the general may not agree to interrupt his weekend. Revocation is possible only at the request of the manager himself, which is drawn up in the form of a statement about a premature return to his duties.