Application for leave of the CEO of the sole founder. Duration of CEO's leave

Annual planned leave must be provided to each employee according to the schedule drawn up by the enterprise. If an employee is sent to, then he should not fill out an application, as stated in the Labor Code, in Art. 123. But if you need to go on vacation suddenly, then you will have to fill out an application, because management must allow the employee unscheduled absence from work, regardless of whether he has a good reason or not.

It is still necessary to issue an order for an employee who is going on scheduled or unscheduled leave. To issue an order, the State Statistics Committee has approved form T-6.

The vacation order displays the employee’s full name, the name of the organization where he works, his position, and the period for which he is granted vacation (working year). The type of leave is also included in the order; it can be primary, additional, etc.

In addition, the order must indicate the number of days when the employee will be absent and the specific dates from which the vacation begins and ends. The order is drawn up by the responsible employee, most often an employee of the HR department, then it is signed by the director. The employee himself is also introduced to the order and signed.

The manager is a hired employee, therefore, in order to go on vacation, an order is also issued for him to provide the general director with annual paid leave. The only peculiarity of the order is that he signs it for himself.

Disputes often arise between personnel officers regarding the execution of such an order; many believe that a memo can be used as an administrative document. Others believe that issuing an order to a manager in the T-6 form is appropriate, since he is an employee like the rest.

In any case, it is possible to avoid claims from the labor inspectorate during an audit or the tax office if such a document is available in the enterprise’s document flow. When a director signs an order issued to himself, he may not sign in the “I have read the order” column.

Initial requirements

The main articles of the Labor Code, which stipulate the conditions for granting annual leave to employees, include 93, 114, and 115. It states that leave is provided while preserving the employee’s position (job) and average earnings. Moreover, the right to vacation is reserved for employees who work full-time, part-time, or hired for seasonal work; only the rest period changes.

Going on vacation is accompanied not only by filling out an order, you will also need:

annual leave schedule;
notice or statement;
note-calculation.

To prepare these documents, it is not necessary to use unified forms; you can use those developed independently.

The legislator's standard forms are intended for drawing up:

Additionally, a notification (notification) sent to the employee by the management of the enterprise may be required, or an application that he fills out himself; sometimes a medical certificate or other document is needed to confirm the current circumstances.

General rules by law

A director, like any other employee, needs annual paid leave in accordance with labor legislation. The order of vacations at the enterprise is developed and established by the personnel department. The employee is notified no later than 2 weeks in advance that he must go on vacation.

Based on the schedule, an order for planned leave is issued, which the employee is familiarized with. If he wishes to go on unscheduled leave, he writes a statement and, if necessary, submits documents. Then the order is issued on the basis of his application.

Letter of the Federal Service No. 1143-TZ states that the manager is required to sign orders regarding the labor and employment of employees of an enterprise, which means that he signs any order for leave, including for himself.

Based on the order, a calculation note is drawn up and vacation pay is paid 3 days or earlier before the date from which the vacation begins. In addition to the Labor Code, the activities of the head of the enterprise are regulated by other laws and internal regulations.

Thus, Federal Law No. 208 (December 26, 1995) states that the charter of a joint stock company may prescribe a different procedure for granting leave. For example, he must coordinate his vacation time with the board of directors or founders. Other provisions regarding the work activities of an employee hired for a managerial position may be specified in the charter.

When it is necessary

Leave to the manager is granted on a general basis, but the corporate rights of the enterprise are also taken into account. In addition to the fact that the manager is an employee, he also performs the duties of the sole executive body, for example, for a limited liability company or a joint stock company.

Issues related to the performance of his duties may include:

It is within the competence of a higher body, i.e. the board of directors or founders, which is reflected in advance in the charter. In such cases, the director cannot independently decide when to go on vacation and for what period. He can initiate consideration of the issue with the help of a statement. After a decision is made at the general meeting, it will be reflected in the minutes, based on the latter, an order is issued. But it is signed by the chairman of the meeting, and not by the leader himself. At the same time, the meeting participants must decide who will replace the director during his vacation.
In another case, when the provision on the director’s leave is not specified in the charter, he independently decides this issue. In this case, he signs a notification or notification approximately 2 weeks before the vacation that he is granted a planned vacation. An order is also drawn up, but in this case it is signed by the director himself.

It is necessary to take into account that often the vacation schedule does not indicate the date of going on vacation, but only the month. Then this organizational issue is regulated with the employee himself, in this case, the director, and he is obliged to fill out an application on his behalf, indicating the exact start date of the vacation. In another case, mandatory application is provided when you need to go on unscheduled leave.

Notices and Statements

A notice (notification) is a special document with the help of which an employee is notified that in 2 weeks he must go on a planned well-deserved vacation. The document is official on behalf of the management of the enterprise; it must contain information about specific vacation dates.

But notification can only be issued if an employee goes on a planned vacation. If an employee needs to go on unscheduled leave, he fills out an application, so there is no need to send him a notice.

If no notice has been given, the manager, like any other employee, may refuse the time provided for rest if it is not suitable for him. In this case, the refusal is formalized by a special act.

There is no unified form for drawing up a notification, but it indicates:

date of document execution;
Name;
employee details (full name, position);
main text;
date of delivery.

The main text conveys the idea that the company provides the employee with paid leave from such and such a date. The employee must confirm the fact of receipt of the document with his signature.

A notice or notice can also be understood as a statement, a draft order, an introductory sheet, or the same vacation schedule, which will have separate columns for employee signatures. In one he signs that he is familiar with the start date of the vacation, and in the other he puts the date when he was informed about it.

If, for example, the employer issues a notification in any form, along with an order, and familiarizes the employee with both documents 2 weeks before the start of the vacation, then the requirements of the Labor Code will be met.

The application, if the director wishes to go on unscheduled leave, should be submitted no later than 4 days before its start. This period is not clearly established by the legislator. But you should adhere to the deadline for accruing vacation pay by the accounting department, and they are paid 3 days before the start of the vacation.

Local regulations of a particular enterprise may provide clear deadlines for filing such applications. As stated above, an application is issued in the case when the director needs to go on unscheduled leave and he has the right to decide this issue independently. There is also no unified form approved by the legislator for the application; it is drawn up arbitrarily, but in each individual case the text should indicate what kind of leave the applicant is asking for - annual, unscheduled, child care, other.

The statement displays:

position and full name of the manager in whose name the petition is being drawn up;
name of the enterprise or its division (branch);
request to provide leave for a period of so many days;
specific start and end dates of the rest period;
date of document execution;
applicant's signature.

In practice, it is better to ask employees to fill out applications in any case, this makes it easier for the accounting department to control the calculation of vacation pay, because schedules often change. Regardless of the workload of the enterprise, an employee has the right to write an application for leave if he has grounds for doing so.

The company is obliged to accept the document for consideration, but this does not mean that leave will be granted. You can also submit an application to postpone the date of vacation, and if the document is sent by mail to the office of the enterprise, it will be automatically accepted as incoming correspondence. If the employer refuses leave for 2 years, then he can be subject to administrative penalties on the basis of the Code of Administrative Offenses.

The preparation of vacation schedules directly depends on the wishes of employees, which they express in their applications; in another case, how employees react to notifications - whether they agree with the information received or not.

Nuances of preparing an order to provide the general director with annual paid leave

The execution of any orders, including those for vacation, is accompanied by various nuances if they relate to the work activities of employees. After registration, information about the event must be entered into the labor report. The book is the main document to confirm your length of service, which will be taken into account when calculating your pension.

As stated above, the order in this case is drawn up in the following form:

The order is issued in any case, regardless of whether there was an application from the employee, whether the company sent a notification, or whether there was a schedule. The order is signed by the manager and the head of the personnel department.

It must be taken into account that an employee can be granted not only planned annual leave, but also others, for example:

For child care	Usually, a woman first takes out prenatal leave, and then for child care until she is 1.5 years old and up to 3 years old.
Long-term, up to 1 year	Education workers are entitled to it every 10 years. Payment based on average earnings is provided by the educational institution, which must be reflected in its charter.
Without maintenance or without maintaining salary, i.e. at your own expense	The legislator speaks about such leave in Art. TC 128. It is provided in the presence of good reasons, difficult family circumstances and supporting documents. In this case, the duration of the vacation is determined by agreement of the parties.
Vacation before dismissal	This cannot be done when an employer fires an employee for wrongdoing. In another case, you need to fill out a letter of resignation with a request to provide paid leave if it has not yet been “taken off.” In another case, the resigning employee will have to pay compensation, so the decision on the issue remains with the employer. The date of dismissal will be considered the first day of vacation.

Vacation is provided on the initiative of:

employer;
employee.

If the employee is not satisfied with the vacation period, he has the right to write a request for a postponement. In another case, if there is a production need, the employer may postpone the employee’s planned vacation by notifying him in advance. If this happens on the initiative of the employee, then the manager makes a corresponding entry on his application.

When the initiator is the employer, then an additional order to provide the general director with annual paid leave with other deadlines is not required; an entry can be made in the form for the T-7 vacation schedule, and when the time comes, an order can be issued in accordance with all the requirements.

The employee also has the right to extend vacation if he has grounds for this; he can inform the employer about this by telephone or by mail, and after returning to work, fill out a separate application. In this case, a separate order to extend the rest time is also not required.

There are also other nuances when placing an order:

for an employee who combines 2 positions, or works in the company at the main place and part-time, it is necessary to issue 2 separate orders;
if vacation that was not taken on time is transferred to the next working year, then this can be done due to production needs, it is provided according to the schedule or by agreement with management;
when planned leave at the employee’s request is provided in advance, the order indicates the period of time for which he will “take time off”;
other.

The same board of directors can recall a director from vacation; otherwise, the decision is made by the director himself. In both cases, a special order for early termination of leave is issued.

Mandatory points

There are a few things to keep in mind when making an order, such as what the procedure is, what role the schedule plays, how to delegate authority to another person, and how vacation benefits are calculated.

Procedure

The actions that are performed when issuing an order depend not only on the director, but also on the enterprise:

If the charter states that the issue is resolved by a higher body, then the director draws up an application addressed to the chairman with a request to consider his going on vacation at a general meeting. The resolution of the issue is documented in the form of a protocol.
At the same time, the issue of a deputy is resolved, which is also recorded in the protocol. A power of attorney is issued to the deputy and an order is issued to transfer powers to him. Without a power of attorney, only its immediate manager, appointed by the founders, can manage the enterprise.
If the director has the right to decide on his own leave, he goes on it according to the schedule or after filing an application. In any case, an order is drawn up for him, which is signed by the manager himself. In the first case he receives a notice of leave, in the other he does not.
The director also has the right to decide independently on the issue of replacement during vacation; he must approve the candidacy by a separate order.
According to the calculation note, the director receives vacation pay, and his absence from the workplace is reflected in the accounting sheet. Information about the provision of leave is entered into the employee’s personal card.

Link to chart

The T-7 vacation schedule form is the same for enterprises with any form of ownership. The schedule is drawn up by the HR department and approved by the head of the enterprise and the head of the HR department. If the enterprise has a trade union, it also endorses the schedule.

The legislator does not oblige the employer to take into account the opinions of employees regarding the order of vacations, but each employee is required to notify each employee of going on vacation 2 weeks in advance. If desired, at any time, vacations are provided only to certain categories of employees (pregnant women, honorary donors, citizens under the age of 18).

If an employer invites employees to write vacation requests in advance, indicating the time of rest, it means that he wants to take their opinions into account, although he is not obliged. If desired, the employee can write an application to postpone the vacation or divide it into several parts, but these issues are resolved individually between him and the employer.

In total, the employee must “take time off” according to the Labor Code for the working year - 28 days if he works at his main place of work. If the labor inspectorate discovers that an enterprise does not have a planned vacation schedule for employees, this will be counted as a violation of the law.

Temporary transfer of powers

The manager delegates his authority during the vacation to his deputy or another employee of the enterprise. The issue is decided by him or the founders of the enterprise.

The purpose of the order is to approve the candidacy of the acting person for the transfer of powers to him, therefore it states:

Full name of the deputy;
responsibilities that the director delegates and he assumes;
the period during which he will act as director.

If there is already an approved deputy, then he is indicated in the order, and he is assigned the duties of the director for such and such a period. The amount of additional payment for this period is established for the deputy.

When the director does not have a deputy, he can choose any responsible employee at his discretion. Then it is necessary to draw up not only an order, but also an employment agreement for a certain period (vacation time).

The agreement is an addition to the employment contract under which the employee is already working. A power of attorney for a deputy must be issued in any case.

How to calculate benefits

To pay a vacationer, you need to draw up a settlement note when the vacation is paid. If an employee goes on leave without pay, he does not receive monetary compensation. The note is drawn up in form T-60, approved by the legislator.

On the two-sided bank, on the one hand, information about the employee and vacation dates are indicated, and on the other, accounting calculations for payment. Registration of the form is an obligation for any enterprise.

The calculation period is 12 months if the director has been working for the company for more than a year. Days of sick leave, business trips, personal time off and others must be deducted from the actual time. To calculate the amount of vacation pay, you need to take the director’s average daily salary and multiply it by the days actually worked during the year.

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.

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

Underwater rocks

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

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

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

At the moment execution of an order for the director's leave (sample) causes heated debate among employees of the personnel department; some experts are of the opinion that it is very stupid to use certain forms of administrative documentation that concern the manager, therefore, in case of the general director’s vacation, you need to prepare and correctly draw up a memo.

The other side of experts, on the contrary, believes that the use T-6 forms It is quite appropriate to register the CEO’s leave, since the manager is exactly the same employee as the rest of the staff at the enterprise. This statement is confirmed in Resolution of the State Statistics Committee No. 1, which dates back to April 5, 2004. In any case, any claims from the labor inspectorate and the tax service are not appropriate if the order for the director’s leave is drawn up on the basis of form No. T-6.

At the moment there are 2 correct options compiling the CEO's leave. Let’s assume that the organization’s charter has regulated the issue of granting vacation days to the manager, in this case, it is necessary to convene a meeting of the founders of this company, where the main topic will be the decision on the issue of certain payment for the CEO’s vacation, as well as who, in the absence of the manager, will take on all the responsibilities and holiday rights.

Next, the general director of the organization is obliged to draw up a statement that will be addressed to the chairman of the shareholders or the meeting of the Company, or the entire meeting of the Company, which should indicate the time period (what and for what date) paid leave is planned, as well as how many working (calendar) days.

Directly in this statement, it is allowed to indicate who for the temporary period will fill the position of director in his absence. If a similar issue is not covered in the organization’s charter or other internal documents, then the general director independently plans his own vacation, which must be recorded in the vacation schedule together with the rest of the organization’s employees.

Application for leave not required for the General Director, he must be notified of the start of the vacation period no later than 14 working days. This notice (or notification) can be sent to him by an authorized person or the human resources department. In this case, there are no violations of the law. In order not to waste a lot of time on resolving the issue of the general director’s leave, it is advisable that initially the organization’s charter stipulates that the manager has the right to independently resolve such an issue.

Form T-6 certified by the chairman of the meeting of founders or directly by the general director himself. The general director may not sign in the column entitled “I have read the order” if he personally issued an order for the director’s leave.

He must sign. This document can be drawn up by the personnel manager or other responsible person.

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.

Before the general director leaves, it is necessary to select and approve by order his replacement. If he has a deputy, then there are no special problems. In the first case, a responsible person is selected, appointed, and wages are raised. All this must be specified in the order. A sample order is as follows: “I order the General Director (full name) 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).”

note

The CEO goes on vacation. Use the search on the forum! The head of the organization resolves basic personnel issues, including signing orders for granting vacations to employees. But what if the CEO himself is planning to take a break? In whose name is he writing the application, and who is authorized to “let” him go on vacation?

Helpful advice

The CEO goes on maternity leave. Please tell me what we should do. If the term of office of your director is not completed, it seems to me that an order for the appointment of an interim director is sufficient: “In connection with the director going on maternity leave, I order the appointment of an interim director for the period from “... to... Full name For the specified period, he is given the right to sign for the management of all financial documents, as well as accounting and tax reporting."

Sources:

the director goes on vacation

The CEO, like any other employee, must be included in the schedule vacation ov. When leaving for the required rest, it is advisable to appoint a deputy. It’s good if the organization has a person replacing him, but what if not?

In this case, by order of the General directors a responsible person is appointed. Remember that the choice of such a person must be approached responsibly, because when going into vacation, you trust your business to a person.

If the decision to vacation If the meeting does not accept it, then it is the participants who choose the deputy. All this is documented in a protocol (decision), where everyone signs.

One cannot avoid drawing up an order (instruction) to provide vacation a (form No. T-6). The order may be signed by the meeting. In another case, no matter how absurd it may sound, the manager himself must sign, and put the second signature in the “ ” line.

All documents are transferred to personnel employees, and then to the accounting department, where the accruals are made. Like any other employee, vacation New payments to the general director must be issued three days before leaving for the required rest.

Sources:

general director's leave order

An appeal to the manager on issues requiring an official decision must be made in writing according to the rules. And every working citizen of our country was faced with the need to draw up such a document, since it was statement is the basis for making many decisions. This could be hiring, transfer, dismissal or granting another vacation.

You will need

- A sheet of A4 paper;
- pen.

Instructions

In the legislative acts of the Russian Federation there is no regulated form for the name of the director of an enterprise, but there are generally accepted norms and rules for the preparation of business papers. There is only one mandatory condition for this document - it must be written in your own hand. So have a piece of A4 paper and a pen ready, and the printed text of the standard statements will serve as a template for you. You can view some templates by following the link provided at the end of the article. When writing a statement, adhere to the business style of communication, be as brief and specific as possible, avoiding describing unnecessary details and circumstances.

Begin your application by filling out the details. They should be located in the upper right corner of the sheet. Here, indicate the position, last name, first name and patronymic of the manager in the “to” format. Immediately below it write your position, the name of the structural unit of the enterprise in which you work, your full name in the “from whom” format.

In the center of the sheet write the title of the document “Application” and below it briefly the essence of the appeal. Next, state your request and indicate dates, if necessary. Sign the document and decipher the signature in brackets, indicating your last name and initials.

Helpful advice

Be sure to register your application with the secretary. This will allow you to confirm the fact of your written appeal, in case the document suddenly gets lost and you need proof of your appeal to your manager. For example, if you resign at your own request. Here, according to Article 80 of the Labor Code, the countdown of the time (two weeks) allotted by law to warn the employer begins on the next day after receiving the employee’s application. After this period, the employee has the right to stop working and demand the issuance of a work book with a record of dismissal and a full payment.

Sources:

Sample application for employment in 2019

Additional payment to the basic salary can be applied for in connection with combining two positions or with an increase in the volume of work performed. According to the instructions of labor legislation, any additional payment must be documented.

You will need

- additional agreement;
- order.

Instructions

The internal regulations of your enterprise must contain detailed instructions on the tariff increase in wages associated with combining positions or increasing the volume of work performed. The surcharge can be indicated in a flat monetary amount or as a percentage of the salary or hourly tariff rate, it depends on the form of remuneration at your enterprise.

You can assign additional work or combine professions only by mutual agreement with the working employee. Document the agreement in the form of an additional agreement to the current employment contract. Bilateral signing of an agreement means that the employee agrees to perform an additional amount of work or combine professions for additional pay. Indicate the amount of the surcharge as a separate item in the executed and signed document.

Issue an order based on the newly created additional agreement. Give it a link to regulations, to the drawn up agreement, indicate the amount of additional payment, the deadlines for completing an additional amount of work or combining professions.

Familiarize the employee with the order against signature. Submit a written notification to the accounting department about the accrual of an additional payment to the basic salary or hourly tariff rate. Based on the notification, the employee will be accrued in accordance with the new wage conditions.

You can assign an additional amount of work or combine professions for 1 month, during which you are obliged to find an applicant for available vacancies.

Make tax deductions from the entire amount of earnings. Deductions do not need to be made from social benefits, financial assistance and one-time payments. Accruals for social benefits must be carried out taking into account all amounts of the employee’s earnings, which include the registered one.

Tip 6: How to arrange a vacation for the general director of an enterprise

Like any ordinary employee of the organization, the general director of the enterprise is entitled to annual basic paid leave. Its design has a number of features, because the head of the company is responsible for the entire company. An acting person should be appointed in his place.

You will need

- documents of the enterprise;
- forms of relevant documents;
- director’s documents;
- pen;
- seal of the organization;
- Labor Code of the Russian Federation.

Instructions

The decision to grant leave to ordinary employees of the organization is made by the director of the enterprise. If he himself needs to take leave, the right to make this decision must be spelled out in the constituent documents of the company. If this is not enshrined in the charter of the enterprise, the general director must write an application addressed to the chairman of the constituent meeting about the possibility of granting him leave if there are several participants in the company, or addressed to the sole founder if the enterprise has one participant. The head of the organization must submit this application for leave for consideration to the chairman of the board of founders or the only participant no later than a month before the expected date of leave.

When the charter or other constituent document of the organization states that the director himself has the right to make a decision on granting vacation, then his vacation must be included in the vacation schedule in parallel with other employees. Two weeks before the actual date, a notice must be given, which he must sign, thereby agreeing to the start date of the vacation.

The director should draw up an order using the unified T-6 form. The subject of the document corresponds to the provision of employee leave. Assign the order a number and date of publication. In the administrative part of the document, enter the last name, first name, patronymic of the head of the enterprise, the name of his position, structural unit. Indicate the start and end date of the vacation, write the number of calendar days of the vacation provided. The director of the enterprise has the right to sign, if he himself made this decision, and the chairman of the board of founders, if the issue of his leave was considered at a meeting of participants.

In parallel with the order for granting leave, it is necessary to draw up an order for the appointment of an acting general director during his absence. Such a person may be the head of one of the structural divisions, if the staffing table does not provide for the position of deputy director.