According to its norms, an employee who wants to terminate an employment relationship with an employer must notify him in writing by submitting an application.

However, in most cases, it is the manager who acts as the employer, signing employment contracts. Should he himself write a statement in this case?

If he is the sole founder

A fairly common way of doing commercial activities is the creation of an LLC, in which the founder and owner simultaneously assume the duties of the head of the organization.

This option is specifically provided for by Article 273 of the Labor Code of the Russian Federation. She says that the rules labor law regulating the work of the head legal entity, do not apply here. In this case, it is not even necessary to conclude an employment contract: employee and employer are the same person.

If the owner of the organization and its head coincide in one person, the document does not need to be submitted. If such a person wants to “quit”, it is enough for him to issue only the decision of the founder to appoint a new head and start the procedure for amending the Unified State Register of Legal Entities.

If he wants to quit

If the general director and the sole founder are different people, or the organization belongs to several co-owners, then the rule provided for by Art. 280 of the Labor Code of the Russian Federation. According to her, it happens on the basis of his statement.

Article 280 of the Labor Code of the Russian Federation. Early termination of the employment contract at the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract ahead of schedule by notifying the employer (the owner of the property of the organization, his representative) in writing no later than one month.

In the same case, if the collegial body decides to dismiss the old one and appoint a new head (the board of founders in an LLC or directors in a joint-stock company), the director does not need to submit an application either. In this case, the basis for the dismissal will be the decision of the council recorded in writing in the prescribed manner and brought to his attention.

Who is the CEO writing to?

According to Art. 280 of the Labor Code of the Russian Federation, a manager who wants to quit must apply in the name of their employer. In relation to the director, he is a person or several persons who are the owners of the property of the organization:

• for commercial organizations - its participants (shareholders);
• for unitary enterprises- government or municipal authority who decided to create it.

The specific procedure for considering an application is determined by the norms of the Civil Code of the Russian Federation and federal laws relating to individual organizational and legal forms. So, for example, in a JSC, an application must be submitted to the general meeting of shareholders - more precisely, the director must organize its holding and put the issue of his dismissal on the agenda. In MUP, the director must apply with a statement to the head of the local administration etc.

Paper design instructions

The norms of the law do not contain mandatory requirements on how exactly such a document as a director's resignation letter should be drawn up. Based general principles office work, we can conclude that it should contain:

1. The name of the addressee - the founder of the LLC. If there are two or more of them, a copy is sent to each of them.
2. The name and position of the sender (for example: " CEO LLC "Fortuna" Ivanova I.S.).
3. The content of the application. It must express a desire to resign as director.
4. The period from which the manager asks him to be fired. The legislation also provides for a certain time for a notice of dismissal.
5. Sender's signature.

Important: since the decision to dismiss is made only general meeting participants, then if there are two or more of them in the LLC, the director, in addition to the application, must convene such a meeting in the manner prescribed by the Civil Code of the Russian Federation and Federal Law No. 14 "On LLC".

Warning notice period

As with a regular employee, the head of the organization also has a notice period for dismissal. It is provided for by Article 280 of the Labor Code of the Russian Federation and is 1 month.

At the same time, according to, the duration does not depend on whether a permanent or fixed-term (for the time stipulated by the Charter of the organization) employment contract was concluded with the manager.

However, as in the case of ordinary workers, the norm of this article does not mean that the one-month period must be applied in every case. The director has the right to give a longer notice of his dismissal, and the owner of the property, in turn, has the right to dismiss the director without waiting for the expiration of this time.

In cases where the warning period has passed, and the owner has not made a decision to appoint a new director, the old one has the right to issue for himself, make and spend the payments provided for by the Labor Code of the Russian Federation upon dismissal of an employee.

Important: at the same time, in accordance with the norms of Federal Law No. 402 “On Accounting”, the resigning director must take measures to preserve the constituent documents, reporting, and other materials for which he is personally responsible. As measures may be the transfer to storage with a notary.

Can a document be revoked?

Although labor activity managers is regulated by chapter 43 of the Labor Code of the Russian Federation, it does not say anything about the director's right to withdraw his resignation letter. Consequently, here it is necessary, by virtue of Article 251 of the Labor Code of the Russian Federation, to be guided by general rules.

Article 251 of the Labor Code of the Russian Federation. Features of labor regulation

Features of labor regulation - norms that partially restrict the application general rules on the same issues or providing additional rules for certain categories of workers.

And Article 80 of the Labor Code of the Russian Federation just provides for the right of the employee to withdraw his application.

Therefore, in this case, the general rules apply:

• The director has the right to take back the document on his dismissal.
• The term for this is all the time until his employer (property owner) decides to appoint a new director.

The legislation does not contain rules on how a recall takes place. However, by analogy with the law in an LLC, this procedure will look like this:

At the same time, it should be borne in mind that, according to Article 5 of the Labor Code of the Russian Federation, when allowing labor issues the norms of the Labor Code of the Russian Federation take precedence over other federal norms relating to such issues (in this case, article 33 of the Federal Law "On LLC", describing the competence of the general meeting). Therefore, in case of withdrawal of the application, the general meeting must cancel the earlier decision.

Like other employees, the director can apply for dismissal. However, he can do this only in cases where he is not sole member organizations. At the same time, when considering an application, the norms of both labor and civil law are applied.

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

Should the director write a vacation application?

Whether or not to write a statement to the head depends on how it is described in the charter.

Option 1. The charter states that the decision to leave the general director is decided at a general meeting of participants (shareholders) of the company. In this case, the head is obliged to write an application for leave, and writes to the name of the chairman of the general meeting or the meeting as a whole.

Participants of the meeting - shareholders of the company also often decide who will replace the director during the holidays. The decision must be drawn up in the form of a protocol, which is signed by all participants in the meeting. Sample minutes of the meeting of shareholders on the issue of granting leave to the general director.

If this method is not specified in the charter or other documents, then we go according to the second option.

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

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

After that, an order is drawn up to grant leave (form No. T-6). If the decision is made by the meeting, then this document must be signed by the chairman of the meeting. If the second method was used, the order is signed by the head. In both cases, he must also put a signature indicating consent.

Who signs the leave order for the director?

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

On the appointment of a deputy

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

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

Can a director be recalled from vacation?

Separately for the head, the issue of recall from vacation is not regulated by law. Therefore, we use the general rules labor law(Article 125 of the Labor Code of the Russian Federation).

Who makes the decision to withdraw

This decision can be made both by the general meeting and by the head of the organization. In the first case, a protocol is drawn up. And, like other employees, the director must also give his written consent (Article 125 of the Labor Code of the Russian Federation).

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

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

How is CEO leave granted?

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

• without pay (administrative leave);
• annual paid.

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

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

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

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

To whom does the CEO write a vacation application?

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

Don't know your rights?

If the director is the sole founder or in founding documents the enterprise indicated that the issue of granting him rest time is decided by him, then the director’s application for leave to himself is written. An application form can be downloaded from our website.

If the decision to take a 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 is made at a meeting of the organization’s participants this issue. 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, an appropriate act is drawn up.

A sample order can be approved by a local act of the enterprise, although the use of the unified form T-6, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1, is also allowed.

How does the director arrange a vacation for himself?

If the director has received the authority to independently resolve issues about his rest time, it is not necessary to write an application. It is enough to do the following:

1. Issue an order for leave with your signature.
2. Draw up an order for the main activity on the assignment of his 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 beginning 2 weeks before the expected date. This is usually done by the HR department.

Thus, the general director writes an application for a vacation 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 the collegial body of the organization (for example, 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 leave.

Statement

Please provide paid annual vacation for (a certain number of days). From ... to ... (specify day, month, year).

CEO's signature

The form states:

• to whom the application is submitted (the chairman of the founders);
• the name of the firm (company);
• full details of the chairman of the meeting are indicated;
• personal data of the general director making the application;
• the name of the form is indicated in the center;
• the text of the statement;
• at the end, the data of the applicant is indicated;
• the date the form was written.

It should be remembered that the submission of the application and its approval takes place 2 weeks before the vacation itself under the Labor Code of Art. 123 h. 3. After signing the application for rest, the procedure for transferring all his powers to the deputy begins, everything that happens should be displayed in the order:

• The transferable responsibilities are listed in full:
• terms of execution of powers, date of entry into duties and the last date of execution;
• issued a power of attorney from the CEO.

After the decision is made to take the CEO on vacation, the founders draw up a protocol that displays the following:

• the name of the firm (company);
• name of the form;
• where the meeting took place;
• how many fees were held;
• information about the decision of the founders;
• meeting verdict;
• transfer of votes (if there was a vote);
• personal data of the chairman of the founders;
• case number of the CEO.

What to do if the CEO and the chairman of the founders are the same person

Registration of vacation of the general director - the sole founder

It often happens that a single shareholder is the director of his company. What steps is he taking? Should he apply or not? What name should be entered?

Of course, if the list is registered and a vacation was provided, then the general director goes on vacation without filling out an application. If there is no list, the director writes a statement to himself about granting leave to the general director of the LLC:

Application for leave of the General Director of LLC: sample

CEO and Founder

LLC "Scorpio"

Vasiliev Vasily Vasilyevich from the General Director

Vasilyev Vasily Vasilievich

Statement

I, Vasily Vasily Vasilyevich, am asking for paid leave for (a certain number of days). From ... to ... (indicate the day, month, year).

CEO's signature

There is no specific form for writing the form; it is filled in in a free style. The application is submitted on the letterhead of the company or on sheet A4. The leave statement reads:

• the name of the firm (company);
• the general director and the sole shareholder enter their full names on the spot to whom this application is addressed;
• the name of the form is indicated in the center;
• personal data of the applicant;
• then the request for leave is indicated with the entry of the date;
• personal data is indicated at the end;
• date of writing and submission of the application;
• is signed.

constitution and Labor Code RF contains a direct ban on forced labor. Thus, the employer does not have the right to prohibit the employee from leaving his job, even if he is the director of the enterprise. Director's resignation letter own will is a written document by which he informs his employer of his intention to terminate his employment relationship.

Dismissal of the CEO of an LLC at his own request

The voluntary dismissal of the director of the company is regulated by Article 280 of the Labor Code of the Russian Federation.

It says the following:

1. The head of the enterprise has the right to decide on the termination labor relations before the expiration of his employment contract.
2. He must notify the owner (founder) or his legal representative of his decision.
3. The termination notice period is 1 month.
4. The warning must be made in writing.

This article does not say that the head must necessarily write a letter of resignation. You can warn the employer by any other written document.

But according to established practice, the desire to quit is most often formalized by a statement.

Application procedure:

1. The manager makes a statement.
2. Give it to the employer. It is best to draw up an application in two copies, on one of which put a mark that the document has been accepted.

You can apply for more than 1 month, but in any case, if the minimum period is met, the director must be fired on the date that he indicated in the application.

How to correctly calculate the notice period for the owner of dismissal?

The procedure for dismissal of the head will be as follows:

1. Writing an application and bringing the application to the attention of the founders (owners).
2. Transfer of cases to a specially created commission. Usually, the procedure for handing over the affairs of the head upon dismissal is prescribed in local regulatory documents.
3. . is indicated as the basis. The order may be issued on the date of dismissal or earlier. This order is signed by the head himself, since the day of dismissal is the last day of the performance of his duties.
4. Immediately on the day of dismissal, the employee is given all the payments due to him, which include wages and compensation for unused vacation(in the presence of).

When indicating the date of dismissal, it is written without the preposition "from" so that there are no discrepancies in the interpretation of the application. Example of writing: I ask you to dismiss me of your own free will on 04/01/2018

Sample letter of resignation for CEO

The order can be made on unified form T-8, but you can in free form. In the case of the dismissal of the director, issuing an order in free form allows you to enter into it not only information about the dismissal, but also additional measures. For example, the need for an employee who assumes leadership authority to accept the seal and original of the statutory documents.

You can download an example of an order to dismiss a CEO.

If LLC participants ignore the director's application for dismissal

Sometimes a situation arises in which the founder. In this case, you need to send it by mail.

The nuances of sending such an application:

1. It must be sent to the official address of the owner. If there are several of them, then it would be advisable to send an application to each of them.
2. It is better to send an application not just by registered mail, and make an inventory of the attachment. This will be proof that it was the application in the envelope, and not another document.
3. It should be borne in mind that the warning period will be counted not from the dates of sending, but from the date the letter was received by the addressee, therefore, the time for delivery of the letter must be added to the monthly period.
4. The progress of the letter must be tracked on the Russian Post service. If the addressee does not receive the letter and it goes back, you must definitely pick it up at the post office and request a document why the letter was returned. This can be either the expiration of the storage period or the recipient's refusal to receive it.
5. With the letter received, you can appeal to the GIT, the prosecutor's office or the court. The letter will serve as evidence that the employee (director) tried to notify the owner of his dismissal.

You can send a notification of your desire to quit using a telegram.