Every citizen of the Russian Federation employed in labor activity, legally guaranteed types of leave must be provided upon his application. However, the status CEO initially involves a slightly different procedure for documenting such days of absence from work.

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What is the correct way in such cases for a higher manager to draw up a statement and who should put his resolution on issuing the corresponding order?

What does the Labor Code of the Russian Federation say?

Vacation entitlement is guaranteed by many regulations labor law RF. Here are the main principles for its provision, set out in official documents:

• All employees must be provided annual vacation based on an annual approval. This provision is enshrined in. Moreover, 2 weeks before the start of the vacation period for the employee, the administration of the organization must notify him of this in writing. If he leaves to rest according to the schedule, then he can not write a corresponding application for this issue. Otherwise, a written request cannot be dispensed with.
• The resolution of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 states that if only a month is set in the vacation schedule, and not the exact date of going on annual leave, then a statement from the employee is required. In its content, the worker must enter the exact date of the beginning of this period and the number of days.
• The principles of provision are stipulated in . In this case, the employee is required to make a mandatory written request indicating the beginning and end of the period when he will not go to his workplace.
• Provision of maternity and parental leave the head of the organization is carried out in accordance with the general procedure described in the laws on the settlement of issues on the Social Insurance Fund.
• If during a vacation a situation suddenly occurs due to which it will be necessary to urgently call the director from vacation, then according to his vacation, only he himself can interrupt with his voluntary consent.

Here are general guidelines that apply to most institutions. However, each individual enterprise has its own nuances regarding the management of the enterprise or the presence of deputy directors. Therefore, this issue must be approached based on the schedule of activities of a particular organization.

If the company has its own Charter, then it is necessary to follow its provisions.

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

Thus, everything depends on each individual situation.

Reasons for compiling

Most workers know how to write a vacation application. But here's what the CEO should do in this case - this is already a question that is not clearly regulated by labor legislation.

Often the difficulty arises due to the fact that the head is the founder of this organization.

In the case of processing documents for sending the CEO on vacation, it suggests 2 scenarios for the development of events: with or without writing an application.

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

When needed

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

As a result, a decision must be made, which is recorded in the protocol. general meeting shareholders. A quorum must be present during the meeting.

In addition to writing an application, the director subsequently needs to put his visa in the notice, which indicates the period of his vacation.

The meeting may also decide that the director may grant leave to himself.

This greatly simplifies the design of the holiday.

There is no need to periodically convene all shareholders for a meeting and the dependence on a quorum is eliminated.

Is it possible without it

If the charter does not regulate the issue of vacations of the general director in any way or he is the only founder, then there is no need to write an application.

Usually in such cases, the time of his rest is planned in the general schedule, and then it becomes necessary to notify him against signature 2 weeks before the start date of this period.

Thus, first you need to carefully read the Charter, and then decide on the procedure for issuing a vacation permit to the CEO.

Who needs to be coordinated with?

Sometimes the director will not be able to go on vacation without getting approval from the founders of the company.

Therefore, for all organizations, the provision of a vacation period to the top manager of the company implies the following:

• In private companies, the leave of senior management is coordinated with the investors who organized his enterprise.
• For small private firms established by the CEO on his own without the involvement of other businessmen, it is not necessary to write an application.

The first option is more troublesome, because. it is necessary to convene a meeting of founders or shareholders, at which there must be a quorum. Otherwise, even if the application is approved by the investors present at the meeting, the decision cannot be made.

If the company is an LLC

The head of the LLC, which operates solely at its expense, does not need to write and coordinate the application with someone.

In such a situation, it is best to plan the vacation in advance in the appropriate schedule at the beginning of the year.

Before he goes on vacation, he needs to publish, which sets out the following points:

• start date and quantity calendar days holidays for yourself;
• the person to whom he entrusts the performance of his duties during his absence.

Moreover, even if the vacation is the most minimal, the order still needs to be issued.

If the LLC was created by several people, then the director must obtain their consent. How to do this in such organizations and other companies is set out in the next paragraph.

If the organization is a joint-stock company

In large joint-stock companies usually, a procedure for granting leave to the general director through a meeting of shareholders is foreseen in advance. To do this, in the Charter of the organization, it is registered as a separate item.

When considering an application for leave of the General Director, 2 related issues are immediately resolved:

• satisfaction of the request for rest;
• appointment of an acting chief executive during his absence.

After a decision is made on its basis, an order is issued for the manager to leave for rest and be temporarily replaced by another person.

Note! In the case of granting leave by decision of the meeting of shareholders, the order is signed by the chairman of the meeting, and when appointing him to himself, the general director himself signs the document. In the paragraph of the document that he was notified of the contents of the order, he also needs to put his visa.

Here we need to focus on the fact that it is difficult to convene a meeting of top officials every time top management needs to go on vacation.

Therefore, it is advisable at one of the meetings to decide that the authority to appoint days of rest for the head is vested in the general director himself, and to include this clause in the Charter of the joint-stock company.

We have dealt with ordinary enterprises.

But what if the leader with the highest rank works in an institution that is part of the state structure? Read more about this.

In state structures

The procedure for granting leave in the civil service is regulated by Art. 46 .

Its duration depends on the length of service of the official, type government agency, as well as the complexity and intensity of work. This takes into account the days of the main rest period and plus.

The total number of days is determined as follows:

• is the basic labor right of civil servants. Its term is the minimum duration guaranteed for all workers - 28 days. For some civil servants, the time may be increased based on federal law. In addition, its term also depends on the position of the official.
• The provision of additional paid vacation days is stimulating. They can be allocated in certain cases - for example, for years of service in one state institution or at the birth of a child. Sometimes as a reward for issuing Money in one of structural divisions allocate 3 extra days an employee whose duties do not include the performance of this function.

Coordination of leave of the head of a state institution is carried out with higher authorities.

How to write an application for leave to the CEO?

The main question that torments personnel officers in a situation where the director is going on vacation: does he need to write an application and in whose name - himself or someone else?

We have already decided whether to write it or not, and now we will decide to whom it should be addressed.

To whom does he write?

If the charter defines the procedure for granting leave through discussion of the request of the head at the general meeting of shareholders, then the application must be addressed to the chairman of the meeting.

When writing a document, you must specify the rest period in days and the start date.

The application form for the CEO is no different from his general view, which is approved in the document flow for the enterprise.

If the charter provides for the discussion of his written request for leave at a meeting of shareholders, then it must be written to the chairman or the entire meeting.

From the above sample, it follows that in the text of the petition, the manager must indicate the following:

• individual data and status of the person to whom the application is addressed;
• your personal data and position;
• specify when and for how long he plans his rest from work;
• specify the type of vacation;
• date of writing the application;
• signature.

Filling out the document is possible both with handwritten text and with the help of printing devices. The main thing is that there are no errors, typos or other malfunctions.

The application form consists of several parts:

• a header containing information first about the addressee and then about the applicant;
• heading: "Statement", located under the heading in the middle of the sheet;
• the text of the appeal itself, specifying what type of vacation the manager wants to receive, his calendar period and the start date of the period;
• line under the text, reflecting the date of the petition and the signature of the applicant.

The document should not contain corrections or erasures.

Who is signing?

Who should pass the resolution approving the CEO's leave application?

It all depends on the approved procedure set out in the management documents of the organization:

• If the document is considered at the Board of Founders or a meeting of shareholders, then their chairman must endorse the application.
• If the director has permission to be independent in these matters, he has the right to make decisions on his own, and, accordingly, sign all the necessary documents for himself.

The highest rank of the general director obliges, even with a short vacation, to correctly complete all the documentation in connection with the vacation.

The legal aspect in this situation is that for this period a person must be appointed to replace him and take full responsibility for the enterprise.

This is the importance of proper documentation.

Type sample

If, nevertheless, it was necessary to issue a leave application to the CEO, a sample of it can be seen below.

Addressed to the general meeting of shareholders:

Sent to the sole founder:

Managers are already used 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. And what about rest? Let's figure out how to properly apply for.

If the company is a joint stock company

On the one hand, the director is the same worker. And it is subject to labor laws. An annual vacation of 28 calendar days is no exception. According to the Labor Code, it is enough to write an application for leave on time. But the organization's charter also regulates the design of the CEO's vacation.

As a rule, the charter prescribes that going on vacation must be agreed 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 (attached is an example). Then, already on the basis of this protocol, is released. The document is issued in any form, the standard T-6 form will not work here, since it can only be signed by the head of the organization. And in this case, the order is signed by the chairman of the meeting.

If you are a director and founder in one person

Let's figure out to whom the general director writes an application for vacation, if we are talking about an LLC. In this case, the design of the vacation depends on what is written in the charter. If, in addition to the general director, there are several founders and, according to the charter, the general director 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 vacation of the general director and the sole founder of the company is issued in one person, then you do not need to write an application for vacation. Together with all employees, the director must notify the personnel department at the end of the year on what dates he intends to rest next year. The HR specialist enters this information into.

Before going on vacation, a correctly executed order in the 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 CEO. The work of the organization does not stop at a time when he is away on official business or on vacation. But at this point, the organization cannot issue documents signed by the director. How to proceed?

Some daily documents (for example, accounting) can be signed by other employees by proxy. We offer a sample power of attorney to transfer the right to sign.

You can also transfer your powers during the absence to another employee. This is done in the form of an order. It needs to prescribe the time for which the employee, and the conditions (payment, whether it is exempt from basic functions or must be combined). The order is signed by the general director or the chairman of the meeting of shareholders/founders. unified form no.

Conclusion

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

The director of the company is the same worker, and he also needs a rest. According to the Labor Code, vacation is due to all employees of the organization, and vacations are issued according to the norms of the code. Making a vacation is a fairly traditional and well-written procedure. However, the vacation of the general director may not be regulated by the Labor Code, but by a completely different document. Even such a question as an application for a vacation is not entirely clear how to conduct it, especially if the CEO is also the founder of the company. To properly arrange the director’s vacation, you need to take into account several nuances.

Since the director of the company is appointed by the founder or meeting of the founders, most of his work is regulated by the company's charter. If some conditions are not spelled out in the Charter, you need to act according to the norms of the labor code.

Therefore, it turns out that when applying for a director’s vacation, you need to:

• look into the Charter - are there any conditions for registering a vacation for a hired director;
• if any, leave is issued according to the Charter;
• if not, according to TC.

Leave according to the charter

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

• the director writes a statement to the chairman of the meeting of founders or the sole founder here's a plan ;
• the meeting makes a decision;
• an order is issued;
• an acting director is appointed.

In this case, the order will not be in the T-6 form, but in the main activity(sample look at here). And it will be signed by the director himself. The order must specify:

• how long is the director's leave for?
• who will replace him during the rest.

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

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

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

If the director is the sole founder

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

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

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

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

Vacation according to TC

If the Charter of the company does not contain a word about the vacation of the director, we will be guided by the norms of the Labor Code.

At the end of the year, a vacation schedule is drawn up and the director himself must decide when to go on vacation. At least two weeks before the vacation, the personnel officer must warn the director about the start of the vacation.. There is no description here, it is the personnel officer who warns!

In relation to other employees, the notice of the start of vacations is endorsed by the director or personnel officer by proxy. But in this case, even if the personnel officer does not have a power of attorney, then it is he who must still warn the director. Otherwise, an absurd situation will arise - the director will warn himself. Moreover, it is not prohibited by law.

Order T-6 is issued at least three days before vacation. The director himself will sign it. The order of the director on himself, the sample of which you can see here, endorsed by the director both in the line of the head and in the line of familiarization.

Important : Director's leave is not required.

Temporary performance of duties

Usually, the director's job description or the company's Charter prescribes a condition on who will replace the head during his vacation. Often, a Deputy Director or another member of the administrative staff is assigned to the Acting Director.

The basis for substitution will be an order on temporary performance of duties, a sample of which can be downloaded here .

The order must indicate the person who will replace the director, and the additional payment for the combination.

Review of the director from vacation

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

The review is also issued in different ways - according to the Charter or according to the Labor Code. The revocation algorithm according to the Charter is as follows:

• the founder or the meeting of founders makes a decision on revocation indicating a specific date (in this case, it is necessary to indicate good reason, for example, a production need or a solution to an important problem);
• on the basis of the decision, an order is issued on recall signed by the founder;
• with the order you need to familiarize the director against signature.

If the director acts according to the Labor Code or he himself is the founder of the company, an order is simply issued on early retirement.

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

Taking a leave of absence for the CEO

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 chairman of the general meeting or to the meeting as a whole.

The text of the document is something like this: “I ask you to consider at the general meeting of participants on the provision of annual leave for (number of days) from (specify the period).” See sample: Application for leave of the general director (in the name of the chairman of the general meeting).

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.

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 norms of labor legislation (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 on early retirement from vacation, see the sample Order on early retirement of a director from vacation.

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Who decides the rest of the first person

An application for leave from the CEO (sample below) is considered at a general meeting of the owners of the organization, since they are employers for the first person of the company.

Director's leave application sample (2017)

Let us make a reservation right away that all issues related to the activities of the first person of the company, including writing an application for the leave of the General Director, are directly related to the provisions enshrined in his employment contract and the Charter of the organization.

If the Charter contains information that the issue of granting leave to the director is decided at the general meeting of founders, the head will have to apply to the general meeting of founders and discuss the issue of his vacation at this meeting. And there it will also be necessary to resolve the issue with the candidacy of the person who will perform the functions of the chief during his absence. The results of the meeting are documented in a protocol, the information from which serves as the basis for including the relevant information in the schedule, and further, for issuing an order to grant leave to the head.

sample protocol

The order in this case is issued in free form, because it will be signed by the person presiding at the general meeting, who is not the director of the organization.

Sample order in free form

If the Charter of the company provides that the general director himself has the right to decide when to go on vacation, he acts in the following order:

1. Notifies the owners of the organization of his intention to go on vacation (the director does not write a vacation application to himself).
2. Coordinates with the owners of the company the candidacy of the deputy during his absence.
3. Enters information about your vacation in the vacation schedule.

Application for leave of the director (sample) in the form of notification

Sample order in the form T-6

Who can act as director in his absence

The duties of the head during his absence can be performed by:

1. State Deputy, labor contract and job description which contain provisions on the temporary performance of the duties of the chief in his absence.
2. An employee of the organization in the order of combination of positions.

The remuneration of labor in the first case is regulated by the Explanations on the procedure for paying for temporary substitution of December 29, 1965 No. 30/39. In the second case, according to Article 151 of the Labor Code of the Russian Federation, it is established by agreement of the parties. But in any case, no matter how the replacement of a temporarily absent director is carried out, an additional payment for replacement should be established.

The legislation also provides for other ways to replace an absent director, such as, for example, a fixed-term employment contract (Article 59 of the Labor Code of the Russian Federation), part-time work (Article 60.1 of the Labor Code of the Russian Federation), temporary transfer to another job (Article 72.2 of the Labor Code of the Russian Federation), but in practice they are applied, as a rule, when the head of the organization is absent from work for a long period of time, but he retains his previous position (for example, parental leave).

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

How to place an order correctly

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

There is a generally accepted rule: an interim is used when replacing a temporarily absent employee, who retains his position, for example, due to temporary disability.

Io is used when an employee temporarily performs duties in a vacant position.

In principle, both options can be used, there is no fundamental difference, except for government organizations, where these issues are indicated in the relevant instructions.

Transfer of powers in the performance of duties

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

The power of attorney must be executed on the letterhead of the organization, contain information about the time and place of its writing, the validity period, the signature of the first person of the organization and the seal.

The power of attorney itself indicates the person to whom the power of attorney was issued, with full passport data, date of birth and place of registration. Also there it is necessary to formulate a list of specific powers available to the performer. At the same time, general phrases should be avoided, all wording should be as specific as possible, avoiding double interpretations, and the names of institutions in which it is planned to represent interests should be written in full to avoid misunderstandings.

Some categories of employees have the right to leave for more than 28 calendar days. If necessary, they may apply for monetary compensation for part of the vacation to the employer. On what date should this payment be considered: on the date of application or on the date of granting leave? A consultation on this topic was prepared by the Counselor of the State Civil Service of the Russian Federation, 1st class, employee State Inspectorate labor in the Chelyabinsk region I.A. Vasiliev.

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

Part-time employment implies a situation when a person, in his spare time from his main activity, performs some other regular paid activity under the terms of an employment contract in the same organization or in others.

Most employees are entitled to a standard 28-day vacation, as well as vacation at their own expense (if necessary) for a duration of 14 days. But employers are required to provide people with disabilities with more time. What this is connected with and how it is regulated is described in the article.

Some workers do not have enough 28 days a year to rest, others can hardly be “expelled” even for two weeks: they have nothing to do at home, and there is always not enough money. Can an employee receive monetary compensation instead of vacation?

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Sample application letter for CEO leave

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An application for the leave of the CEO - 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 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. 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.

Sample application letter for leave 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.

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 form of T-6.

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.

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How can a CEO write a vacation request?

Each citizen of the Russian Federation engaged in labor activity must be provided with legally guaranteed types of leave upon his application. However, the status of the CEO initially implies a slightly different procedure for documenting such days of absence from work.

What is the correct way in such cases for a higher manager to draw up a statement and who should put his resolution on issuing the corresponding order?

What does the Labor Code of the Russian Federation say?

The right to receive leave is guaranteed by many normative acts of the labor legislation of the Russian Federation. Here are the main principles for its provision, set out in official documents:

• All employees should be granted annual leave on the basis of an annually approved schedule. This provision is enshrined in Article 123 of the Labor Code of the Russian Federation. Moreover, 2 weeks before the start of the vacation period for the employee, the administration of the organization must notify him of this in writing. If he leaves to rest according to the schedule, then he can not write a corresponding statement on this issue. Otherwise, a written request cannot be dispensed with.
• The resolution of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 states that if only a month is set in the vacation schedule, and not the exact date of going on annual leave, then a statement from the employee is required. In its content, the worker must enter the exact date of the beginning of this period and the number of days.
• Article 128 of the Labor Code of the Russian Federation stipulates the principles for granting leave without pay. In this case, the employee is required to make a mandatory written request indicating the beginning and end of the period when he will not go to his workplace.
• Provision of maternity and parental leave the head of the organization is carried out in accordance with the general procedure described in the laws on the settlement of issues on the Social Insurance Fund.
• If during a vacation a situation suddenly happens due to which it will be necessary to urgently call the director from vacation, then according to Article 125 of the Labor Code of the Russian Federation, only he himself can interrupt his vacation with his voluntary consent.

Here are general guidelines that apply to most institutions. However, each individual enterprise has its own nuances regarding the management of the enterprise or the presence of deputy directors. Therefore, this issue must be approached based on the schedule of activities of a particular organization.

If the company has its own Charter, then it is necessary to follow its provisions.

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

Thus, everything depends on each individual situation.

Reasons for compiling

Most workers know how to write a vacation application. But here's what the CEO should do in this case - this is already a question that is not clearly regulated by labor legislation.

Often the difficulty arises due to the fact that the head is the founder of this organization.

In the case of processing documents for sending the CEO on vacation, it suggests 2 scenarios for the development of events: with or without writing an application.

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

When needed

If the charter includes a clause stating that time for rest from the performance of official duties can be provided to the head on the basis of a decision of the meeting of investors, then it is necessary to convene a meeting and consider his application.

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

In addition to writing an application, the director subsequently needs to put his visa in the notice, which indicates the period of his vacation.

The meeting may also decide that the director may grant leave to himself.

This greatly simplifies the design of the holiday.

There is no need to periodically convene all shareholders for a meeting and the dependence on a quorum is eliminated.

The meeting of the society decides on the relation. In this case, must write an application for the provision addressed to the chairman of the meeting. The content of this document is approximately: "I ask you to consider at the general meeting of participants on the provision for (number of days) from (specify period)".

The meeting participants should also decide who will replace during the vacation. The decision must be drawn up in the form of a protocol, which is signed by all participants in the meeting.

If such a method is not specified in the articles of association, then an application from the general director is not required. But he must sign the notice of leave. 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 goes on vacation, 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 also raised wage. All this should be written in the order. An approximate order is as follows: “I order to assign the duties of 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

CEO goes to 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 "In connection with the departure of the director on maternity leave, I order to appoint an interim director for the period from" .. to ... the interim director's 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

Any dismissal of own will begins with a statement: and the general director also needs to write a statement if he is going to terminate ahead of schedule labor Relations.
The document includes several mandatory items.

1. To whom

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

2. Title

Everything is simple here: the name of the document is indicated - “Statement”.

3. Text

In the text, the manager notifies his employer that he intends to end the employment relationship. To set the expected date of dismissal or not, the person decides individually, taking into account that the warning period is one month and begins to be calculated, like for ordinary employees, - with next day after receipt of the address by the addressee.

4. Signature

Under the text of the notice, a signature is put, the surname, initials and date of writing are indicated. No other information is provided here.

Sample letter of resignation from the CEO to the founder

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

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

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

Nuances

If the director is the sole founder

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

If the director is one of the founders

In this case, the employer is the general meeting of participants - the owners of the organization. In advance, each participant is sent a notice of an extraordinary general meeting, at which the issue of terminating the work of the head will be discussed. Termination of work is not necessarily dismissal. Sometimes a person gets tired of responsibility and turns to colleagues with a request to remove authority from him and transfer him to another job. As an example, you can focus on a sample application for the removal of the powers of a director:

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

If the director is an employee

In this case, the manager applies for dismissal:

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

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

The manager shall notify the owner of the company of his decision to leave his position by means of an application made in writing at least one month before last day work in the company Art. 280 of the Labor Code of the Russian Federation).

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