General director how to arrange a vacation. Directed to the sole founder

Does the director of an LLC need to write an application for leave?

Labor legislation stipulates that annual leave is granted to an employee on the basis of an approved vacation schedule (Part 2 of Article 123 of the Labor Code of the Russian Federation) through mandatory notification of the employee about the start time against signature no later than 2 weeks before its start (Part 3 of Article 123 of the Labor Code RF). It follows from this rule that the employee is not obliged to notify the employer about his going on vacation by writing a corresponding statement.

It should be taken into account 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 dated January 5, 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 an employee wants to go on unpaid leave (Part 2 of Article 128 of the Labor Code of the Russian Federation).

Procedure for granting leave to a manager

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

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

The charter of the LLC may indicate that the issue of the director’s vacation is resolved either at a general meeting of company participants, or directly by the director himself.

Depending on whose competence it is to lobby for the director’s leave, the procedure for registering it will depend.

If the charter of the LLC places the issue of granting leave to the director within the competence of the participants, the latter should notify the company about the upcoming leave. This can be done by means of a notice that is placed on the agenda of the general meeting of participants. The notice should indicate when and for how long the director plans the vacation.

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

If the charter of the LLC does not include the resolution of the vacation issue within the competence of the participants, then the director makes 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 leave of director of LLC

Depending on who in society is lobbying for the provision of leave to the CEO, the procedure for issuing a personnel order for leave will depend.

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

For these purposes, it is allowed to use form T-6 (Resolution No. 1), but with the introduction of appropriate changes to the unified form according to the rules provided for by Resolution of the State Statistics Committee of March 24, 1999 No. 20, namely its addition of 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 director himself, then the order to go on vacation is drawn up in form T-6 and signed directly by the director.

The order specifies:

order details;
personnel number;
initials and position;
structural unit;
working year;
number of calendar vacation days, total duration of the vacation period.

Temporary transfer of powers

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

For this purpose, an order is issued for the deputy to temporarily perform the duties of the director. The order specifies:

delegated powers;
deadline for fulfilling duties.

In addition, a power of attorney is issued to represent the interests of the company to third parties.

Among other things, if there is no provision in the employment contract or job description of the deputy providing for the performance of the duties of the director in his absence, an additional conclusion is necessary. agreements to the employment contract on temporary combination of positions during the manager’s vacation and 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 manager depends on whose responsibilities, in accordance with the charter of the LLC, include resolving this issue. When the director’s vacation issue is resolved by the company’s members, the latter approve the director’s vacation will and issue a 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 writing an application as a mandatory document when going on vacation.

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

Providing leave to the head of the organization

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

According to the charter, the issue of granting leave to a director may fall within the competence of:

general meeting of company participants;
board of directors of the company;
the head of the company himself.

Of course, if the issue of granting leave is decided by a meeting or board of directors, this entails certain organizational difficulties, so it is advisable to choose the option when the head of the company independently decides the issue of the time of his leave. If the internal regulatory documents do not stipulate in any way the issue of granting leave to the general director, then the same procedure applies.

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

Director's leave order (sample)

Let's take a closer look at filling out the order. The order is usually drawn up by an employee of the HR department. If the company does not have a personnel department, then the responsibilities for drawing up this document are assigned to the employee who is responsible for personnel records in the company (for example, these functions can be performed by the company secretary or accountant).

An order for leave for the general director is filled out (we will provide a sample order for your review below) in the same form as an order for granting leave to any other employee of the company. For these purposes, a unified document form can be used or a form independently developed for these purposes can be used.

If the company has decided to use a unified form, the order for granting leave must be drawn up according to Form No. T-6, approved by Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004.

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

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

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

The main part of the order contains the following information:

Who is granted leave (full name, personnel number of the employee, structural unit and position he occupies);
The period of work for which leave is granted;
The duration of annual paid leave and the dates on which it is provided;
Duration of additional leave and dates on which it is granted;
Total days of vacation (paid, additional);
Signature of the manager indicating the position;
The employee’s signature confirming his familiarization with the order and the date of familiarization.

When using the unified T-6 form, it is necessary to keep in mind that it requires the signing of the order only by the head of the company, so it is advisable to use this form if the director has the authority to approve his leave independently. If the decision on vacation is not made by the manager himself, then it would be correct to develop the form of the order yourself. It is not forbidden to take the unified form as a basis, supplementing it with the necessary columns, that is, adding a column for the signature of an authorized participant in the company.

Managers are already accustomed to the fact that they draw up many documents with their participation in their own name. That is, the director writes to himself. But every time I have a strange feeling that something is wrong. What about rest? Let's figure out how to properly fill out an application for .

If the company is a joint stock company

On the one hand, the director is the same employee. And he is subject to labor laws. The annual vacation of 28 calendar days is no exception. According to the Labor Code, it is enough to write a vacation application on time. But the registration of the CEO’s leave is also regulated by the organization’s charter.

As a rule, the charter stipulates that going on vacation must be agreed upon with the meeting of shareholders and approved by the minutes of the general meeting. The director addresses the meeting by writing a statement, which is written in free form (we attach a sample sample). Then, based on this protocol, it is released. The document is published in any form; the standard T-6 form will not work here, since it can only be signed by the head of the organization. In this case, the order is signed by the chairman of the meeting.

If you are a director and founder in one person

Let's figure out to whom the general director writes a vacation application if we are talking about an LLC. In this case, the registration of leave depends on what is written in the charter. If, in addition to the general director, there are several founders and, according to the charter, the general director goes on vacation with the consent of the meeting of founders, then the procedure is similar to that described above for a joint-stock company.

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

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

Pitfalls

Almost all documents in the company are certified by the signature of the general director. The work of the organization does not stop while he is away on official business or on vacation. But at this moment the organization cannot issue documents signed by the director. What should I do?

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

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

Leave to the director may be granted by decision of the founders, or may be within the competence of the director himself. This issue is regulated by the company's charter. In each case, the procedure for registration is different.

Situation 1. The director's leave is granted by decision of the founders. The manager must notify the founders of the company of his desire to go on vacation. The founders at the general meeting make a corresponding decision, formalizing it in minutes. Next, to grant leave, you need to draw up an order in Form No. T-6, which is signed by the authorized founder. This order formalizes the director's leave. The director signs the document as an employee.

Situation 2. Providing leave to the director is within his competence. In this case, the director going on vacation is authorized to sign all the necessary documents himself. That is, the director’s leave is formalized by an order granting it, which the director draws up independently. In this situation, there is no need to write a vacation application.

In both situations, based on the order, fill out a calculation note on granting leave to the director (unified form No. T-60). And pay vacation pay no later than three calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).

Registration of transfer of powers during the director's vacation

During the vacation, the director must sign an order transferring his duties. This is not a personnel order, but an internal document for the organization, and it can be drawn up in free form. Based on such an order, the powers of the director during the vacation will be transferred to the appointed person.

The transfer of all or part of the powers of the manager can and should be carried out by additionally issuing a power of attorney to a certain person (letter of the Ministry of Finance of Russia dated September 25, 2012 No. 03-02-07/1-227). In the power of attorney, write down the list of powers granted to the authorized person. It is better to issue a power of attorney on the company’s letterhead, where its main details are indicated. As a general rule, there is no need to notarize a power of attorney (Article 185.1 of the Civil Code of the Russian Federation).

Let us note that the director bears full financial responsibility for direct actual damage caused to the organization (Article 277 of the Labor Code of the Russian Federation). In addition, for losses caused to the company by his guilty actions or inaction, the director bears civil liability (clause 2 of article 71 of the Federal Law of December 26, 1995 No. 208-FZ and clause 2 of article 44 of the Federal Law of 02/08/98 No. 14-FZ). Therefore, if the director does not leave a deputy during the vacation, then for all incidents that happened during his absence, he himself will bear financial, administrative and criminal liability.

What mandatory details should a power of attorney contain?

The requirements for the execution of a power of attorney are established in the articles and the Civil Code of the Russian Federation. So, it should indicate:

- date of issue;
— the person issuing the power of attorney (principal);
— the person to whom the power of attorney is issued (representative);
- powers of the representative. They should be listed clearly and completely. There is no need to use general language, such as “represent the interests of the company.”
- signature of the principal. It must be genuine, that is, handwritten.

The director of the organization usually signs orders for employee leave. But what to do if the manager himself goes on vacation. Who is letting him go, to whom is he writing a statement? Let's look at this situation

Should the director write a letter of leave?

Whether or not to write a statement to the manager 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 the general meeting of participants (shareholders) of the company. In this case, the manager is obliged to write a leave application, and writes it to the chairman of the general meeting or to the meeting as a whole.

Participants in the meeting - the company's shareholders - also often decide on who will replace the director during vacation. 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 shareholders' meeting 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 with the second option.

Option 2. The director plans his own vacation. The manager's vacation must be included in the vacation schedule, like other employees.

There is no need to write an application to the manager, but he must sign a notice of his leave at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)

After this, an order for granting leave is drawn up (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 manager. In both cases, he must sign indicating consent.

Who signs the leave order for the director?

Form No. T-6 and No. T-6a require the signature of the first person of the organization.

About the appointment of a deputy

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

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

Is it possible to recall a director from vacation?

Separately for the manager, 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 revoke?

This decision can be made either by the general meeting or by the head of the organization himself. 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 can be made at a meeting of the general meeting and documented in minutes and an order issued on its basis. Do not forget that, like any other employee, the director must give your written consent leave your vacation early (Article 125 of the Labor Code of the Russian Federation).

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