December 15, 2021 Statements
Director is the main executive body of a company or enterprise.
He is elected at a general meeting of founders or shareholders.
But he is an employee, and he also has the right to annual paid leave.
Whether the director must write a statement and what it looks like is prescribed by law.
The most nuances arise if the first person is also the sole founder of the company.
Should the manager formalize it?
There are two options for a manager to go on vacation. Which specific method is applicable in a given company depends on the fixed rule in the charter.
This is an internal document that records all the rules and documents of the organization, as well as the procedure for dismissal, retirement and other details of document flow.
The decision to release a manager can be made by a meeting of founders and shareholders. In this case, the general must formalize the request for leave in writing.
At the same meeting, the issue of who will replace the head of the company during his working holidays is decided.
If the director himself decides on his vacation and enters this date into the registered schedule , then he is not required to write a statement under the Labor Code.
A notice that he is going on vacation is sufficient , which will be written two weeks before the expected date.
Application for leave of the General Director: procedure for registration and sample document
According to the rules of the current legislation of the Russian Federation, every employee of an enterprise has the right to receive annual paid leave. This is stated in Articles 114 and 115 of the Russian Labor Code. The General Director is no exception, and, like other employees, has the right to leave during the vacation period.
Application for director's leave
The head of the enterprise is the person who reviews and signs the employee’s application for a vacation period.
This article talks about typical ways to resolve the issue, but each case is unique. If you want to find out how to solve your particular problem, call :
- Moscow.
- Saint Petersburg.
Or on the website. It's fast and free!
Is it necessary to write an application in the event of a manager going on vacation to provide paid days off, and if so, in whose name should this document be drawn up?
Cases for filing an application
In order to understand the need to draw up an application when receiving a vacation period, the manager must refer to the charter of the enterprise. This issue can be resolved in three ways, in two of which writing an application is a prerequisite.
If the charter of the enterprise intends to regulate the process of providing rest to the director, then drawing up an application is a mandatory procedure.
A meeting of the founders of the enterprise should also be held, at which the issue of the possibility of the immediate head of the organization taking annual leave will be decided. In this case, the situation can be both positive and negative, for example, due to production necessity.
Once a specific decision has been made, it must be documented in the minutes.
As a rule, it contains information about the issue being resolved, the verdict reached and information about the analysis of the participants.
The minutes must be signed by the chairman and secretary of the meeting, as well as by all founders of the enterprise who have familiarized themselves with the document.
An application must also be drawn up if the person wishing to go on vacation is both the director and founder of the enterprise, but his vacation is not reflected in the established schedule of vacation periods.
Situations that do not require writing a statement
The third way to go on vacation is an option that does not require drawing up an application.
If the company’s charter does not regulate this issue, and the period of the manager’s vacation days is fixed in the established vacation schedule, this means that the manager should not draw up an application for granting him legal rest.
Despite the absence of the need to write an application, the manager is obliged to draw up a notice of departure from the annual vacation period two weeks before its start and familiarize it with the employees of the enterprise.
Application procedure
After the question of which of the three ways a manager can go on annual paid leave has been clarified, an application must be drawn up. At the same time, it must comply with all the basic rules, and also indicate the person in whose name it is written.
The person in whose name the document is drawn up
As mentioned earlier, a statement is written in two cases - if there is a clause in the company’s charter regulating the conditions for the director’s release during the annual vacation period, and also if the annual vacation of the head of the organization is not included in the developed vacation schedule at the enterprise.
In the first case, the general director must draw up an application addressed to the chairman of the founders of the enterprise.
If, in the established schedule of annual vacation periods, the manager has not chosen in advance the time to go on vacation, and he is the sole founder of the enterprise, then in this case the application for vacation is drawn up in the name of the director himself.
If you go on annual paid leave according to the schedule established by the organization, an application is not required.
Rules for writing an application
An application for vacation does not have a unified form. It may be handwritten, or it may be computer typed and printed on paper.
In each of the two cases necessary to compile this document, the text has its own differences.
So, when drawing up a document addressed to the chairman of the members of the meeting of founders, it must reflect the following information:
- Personal data of the chairman of the general meeting.
- Full name of the company.
- Personal data of the General Director.
- The title of the document is “Application for leave”.
- Request to consider the issue of granting leave at the meeting of founders.
- Estimated start and end date of the vacation period.
- Date of application and signature of the applicant.
A sample application for leave addressed to the chairman of the members of the meeting of founders can be viewed here.
If the founders of the company make a positive decision based on the application, a corresponding order is issued.
It is drawn up according to the unified form T-6, but with changes in the form of additions to the column “Authorized person of the constituent assembly”. This possibility is enshrined in Goskomstat Resolution No. 20 of March 24, 1999.
At the same time, according to the information provided in the resolution, the addition of the form must be documented in the appropriate organizational document.
As for the signature of the order, in this situation the document is signed by the chairman of the general meeting of founders, after which it is presented to the general director for review and affixing his signature.
An application for leave during the annual vacation period addressed to the director, drawn up by the director himself, does not differ much from the above sample. It also does not have a unified form and can be drawn up either by hand or printed on a computer. If a template for this document is available at the enterprise, the manager can fill it out.
The text of the director’s statement in his name must reflect the following points:
- In the “To” column, the name of the enterprise and the details of the sole founder (director) are indicated.
- In the “From” column, the applicant’s position, name of the enterprise and personal data are indicated (this line also indicates the information of the general director of the enterprise).
- “Application for Leave” is indicated in the middle
- The main text contains a request for leave , indicating its start and end date.
- The document ends with the date of its preparation and the signature of the applicant.
A sample application for leave from the General Director for himself can be downloaded here.
After this, a corresponding order must be drawn up in form T-6, which is signed directly by the head of the organization.
Person acting as CEO during his vacation
The choice of the person who will act as the general director while he is on vacation directly depends on the current situation.
Thus, if the director of an enterprise’s vacation was decided at a general meeting of founders, then, as a rule, a replacement person is also elected by the members of the constituent meeting.
If the charter of the enterprise does not indicate the need to select a replacement person at the general meeting, or the director is the only manager, then delegation of the manager’s responsibilities is within the authority of the director of the enterprise.
As a rule, in large organizations the general director has deputies or assistants, whose job descriptions have a direct indication of replacing the manager during his absence from the workplace.
If such instructions are not established, the head of the organization has the right to delegate the authority to perform his work duties to any of the employees who, in his opinion, are more competent to perform this duty.
At the same time, the director must have confidence in this employee, since temporary replacement implies signing enterprise documentation, holding business meetings, communicating with employees and resolving existing controversial situations, as well as full control over the activities of the organization as a whole.
In any of the options for selecting a replacement person, with the exception of assigning responsibilities in the job description, the written consent of the selected employee must be obtained in order to draw up and issue an order on the temporary delegation of work responsibilities of the General Director.
Loading…
Source: https://pravo.team/trudovoe/otpusk/oformleniya-na-direktora.html
In whose name is it compiled?
In the case when the head of an organization writes a document for taking annual paid leave, it is considered by the general meeting of shareholders.
Then the statement is written to the chairman of this meeting or simply to the entire meeting.
If the head of the company is also the founder, then he also does not need to write a statement.
If the company's charter states that the director of the company goes on vacation according to the approved schedule, then he does not have to write a statement in his name, but simply has the right to go on his working holidays according to the schedule.
If the only founder
If the director is the only founder, then he can write a statement in his own name only if the company does not have a signed and approved schedule with vacation dates for all employees.
In this case, the document has a standard form. In the header in the information about the applicant and the general director it is specified that he is the only founder. If there is one, then you do not need to write a document in your name.
Sample application for leave from the general director of an organization
The head of the company, like any other employee, has the right to annual holidays , in accordance with Article 122 of the Labor Code of the Russian Federation. Do I need to write a leave application to the general director, is there a sample? Let's look at the legal subtleties on these issues.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, contact the online consultant on the right or call the free consultation numbers:
Article 115 of the code obliges any employee to spend 28 calendar days a year on vacation . Moreover, according to Art. 123 of the Labor Code of the Russian Federation, the director’s rest must be included in the vacation schedule.
If a manager does not want to spend time outside the workplace, then the law provides him with this opportunity. Article 124 of the Labor Code of the Russian Federation states that the head of the company, like other employees, may not receive vacation . However, the period without rest should not exceed 2 years.
Director's Statement
Should the CEO write a statement and how to send him on vacation? The answers to these questions lie in the charter of the LLC (or other organization).
There may be several options in the organization’s documents:
- The constituent meeting is responsible for granting leave to the head of the company ;
- The director, as the sole founder, independently sets his own vacation period;
- There may not be any information available on this issue.
The head of the company should write a statement only in the first case. The application for leave must be completed addressed to the head of the congregation . After the decision is made, he (the head) signs the document.
In the remaining two cases, there is no need to write a statement to yourself . The director independently chooses when he wants to go on vacation. The only thing he needs to do is sign the notice at least 2 weeks before the holidays.
As for the duration of vacation, the law establishes 28 calendar days per year. The founding director independently determines how many days he will rest , and whether the vacation will be divided into several parts.
In the case of a hired manager, this decision is made for him by the meeting of founders . It is the same, according to Art. 126 of the Labor Code of the Russian Federation, part of the vacation can be replaced with monetary compensation.
In this article, read how to receive compensation for unpaid vacation.
Correct design
Even if this is only a formality, it must also be observed. In the event of a visit from the tax or labor inspectorate, the company must have all the papers, including the vacation schedule and employee statements. Moreover, writing a vacation application is very simple:
- On an A4 sheet of paper, in the upper right corner, the header of the document is drawn up. The name of the head of the constituent assembly must be indicated . Below from whom, full name and position of the employee.
- In the middle of the sheet is the word “Statement”.
- Below is the text itself asking for leave for the desired period, from such and such a date.
- At the bottom right is the signature, transcript and date of submission of the document.
Sample application for leave:
Watch a video on how to properly arrange a manager's vacation:
Possible problems
The most obvious question is who will run the company during this time? If the manager is hired, then the meeting of founders should take care of choosing a deputy. Otherwise, the director himself selects the responsible employee.
This person is usually a substitute, and this issue is covered in his contract. In the absence of a deputy, the head may choose another proxy, in whose name an order will be drawn up to assign duties. This document indicates the period of validity and, if desired, the amount of additional payment .
Order option:
Another problem is documents that require signatures. Can a director sign if he has not delegated his powers? The Labor Code does not prohibit this. After all , even while on vacation, the manager has the right to fulfill his duties .
Problems can only arise if the director has chosen a deputy, but continues to sign documents.
Chapter and decree
The next question is the gene’s maternity leave. director. If the manager is the founder, then no problem. The head continues to perform his duties (possibly remotely) or betrays some of his powers using a power of attorney . The only caveat is that the Social Insurance Fund may refuse to reimburse an organization for funds spent on paying child benefits.
Otherwise, the constituent assembly must select an executor and issue an order appointing him . The main thing is to notify the tax authorities about this (application on form 14001) and the bank with which the company cooperates.
Power of attorney
This document is drawn up when the director needs to delegate some of the powers . This is done during vacation, sick leave, long business trips, or when the director continues to work, but other employees require part of his powers.
The completed document must include the following information:
- Name of organization and full name of gen. director.
- Passport details, full name, position of the employee who is replacing the head.
- Complete list of powers.
- The validity period of the document and the possibility of its extension (if there is no specific expiration date, then the power of attorney is valid for a year).
- Date of drawing up the power of attorney and signature of the manager.
Sample power of attorney:
Every employee of an organization has the right to rest, and the director is no exception. This right is enshrined in the legislation of the Russian Federation . The Labor Code not only provides the right, but also provides clear information on how to use it.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: It's fast and free!
Source: https://bizakon.ru/kadry/otpusk/obrazets-zayavleniya-generalnogo-direktora.html
How to write text?
The execution of the document does not differ from the standard document requesting leave. In the upper right corner the name of the organization is indicated, as well as the full name of the chairman of the general meeting and his position. It also indicates who the document is from (full name of the director and his position).
The title of the document is indicated in the center .
What follows is the main part of the text, which indicates in what period and how many days the general director expects to get rest.
If the director wants to split a 28-day vacation into several parts, then he needs to indicate all the desired segments.
One of them must not be less than 14 days. Otherwise, the Labor Inspectorate may have doubts and reasons for inspection.
At the end of the document there is a date and signature of the applicant with a transcript . After submitting an application at the general meeting, the founders make a decision on the possibility of the manager’s vacation, as well as on who to replace the responsible person for this period.
Applications from the director for annual leave – word.
This is what the sample looks like:
Who puts the resolution?
If the decision is made by the general meeting of founders, then a protocol must be drawn up.
This document contains the following information:
- Name of the organization.
- The name of the document itself.
- Place and date of drawing up the protocol.
- Agenda.
- Resolution of the meeting , a verdict on the agenda.
- Data about the past vote.
- Full name of the chairman of the meeting, as well as the secretary who kept the minutes.
- Manager's personal file number.
After this, the resolution of all participants, as well as the secretary, is put on the statement. After the meeting resolves the situation in favor of the director, a special order is drawn up, signed by the first person of the company.
Goals
On what issues can I contact the partnership with applications? Typically, an appeal is drawn up in order to eliminate any problems in the house or to draw the attention of the chairman to a problem that has suddenly arisen.
Since conflicts between owners and HOAs arise quite often, we can identify the main problems in which apartment owners make statements to the chairman:
- The roof is leaking . The text of the application must indicate the location of the leak, the causes, if known, and also propose options for eliminating the accident. The complaint should end with a request to take action.
- Flooding of the apartment . The application is drawn up indicating the reasons, apartment number and nature of the accident (it is important to describe all damage and consequences of the flood). If the flood occurred due to the fault of neighbors, then you need to write down their apartment number.
- Installation of seals on metering devices . The responsibility of the HOA is to seal the meters. The installation of seals is not always carried out in a timely manner. To achieve a result, it is advisable to write a collective statement, which outlines the essence of the problem and indicates the details of the owners.
- Rearranging trash cans . One of the common problems with apartment buildings is the location of containers too close to apartment windows. Because of this, residents suffer from an unpleasant odor. The application will need to clearly state the requirements and reasons why the tanks need to be moved.
- No heating . If the lack of heat in the house is not related to repair work or the end of the season, then a collective complaint must be filed. It is advisable not only to state the essence of the problem, but also to demand compensation due to the lack of heat supply.
Attention! There can be many reasons for filing applications, since the chairman does not always fulfill his duties in good faith and on time.
conclusions
The head of a company needs rest, just like any employee. But we should not forget that in most cases the general director is a hired person.
He reports to the board of founders as well as shareholders. Only with their permission can a hired director go on vacation. To do this, you need to write a statement and wait for the decision of the meeting.
It’s another matter if the first person is also the founder. You don’t need to write an application to yourself, you just need to make an annual schedule and place the desired dates on it. All company employees must familiarize themselves with the schedule and sign.
In what cases is it necessary?
Article 77 of the Labor Code of the Russian Federation lists the grounds for termination of an employment contract. Some of them are related to the initiative of the employer, others to the desire of the employee. The statement is written if the termination of the employment relationship occurs at the initiative of the employee. For example, a statement is written in the following cases :
- Dismissal at your own request. Article 80 of the Labor Code of the Russian Federation says that an employee must notify of his desire 14 days in advance. In some cases, this period is reduced (you can find out more about what date to write a letter of application and how many days in advance to submit it here).
- In case of early dismissal due to staff reduction. If, after receiving the notice, the employee does not want to wait 2 months, he can resign earlier.
- By agreement of the parties.
- Transfer of an employee to another position (if this is his personal desire).
- Refusal to work due to a change in ownership of the property or due to changes in the terms of the employment contract.
The resignation letter confirms that the employee really wants to stop working for the organization.
When is a document not needed?
A statement is not written if the termination of the employment relationship occurs at the initiative of the employer. For example, a statement is not written in the following cases :
- Upon liquidation of the organization.
- When staffing is reduced.
- At the end of a fixed-term employment contract. The procedure in this case is reflected in Article 79 of the Labor Code of the Russian Federation.
- If the employee has not completed the probationary period. The employer must notify him of the upcoming termination of his employment relationship.
- If an employee violates internal regulations or evades the performance of job duties.
Reference! Possible reasons for termination of employment relations without an application at the initiative of the employer are indicated in Article 81 of the Labor Code of the Russian Federation. In this case, the employer himself gives the employee notice of dismissal.
Procedure for obtaining Russian citizenship
Before moving on to the step-by-step instructions, we will briefly talk about the rules for submitting a package of documents. The Federal Law on Citizenship of the Russian Federation dated July 1, 2002 provides for several options for admitting foreign citizens to Russian citizenship.
Foreigners are accepted into Russian citizenship under the following conditions:
- General grounds (naturalization);
- Compatriots born in the USSR;
- Native Russian speakers;
- By right of birth;
- Migrants;
- Citizens of the CIS;
- Marriage relationship with a Russian;
- Refugees;
- Highly qualified specialists;
- Foreigners who received education in the USSR or the Russian Federation.
Each option has a special entry procedure. Most of the requirements are exceptions for certain categories of foreigners. The main reason for admission to Russian citizenship is naturalization or general grounds; other methods provide for a simplified procedure.
To facilitate understanding of the regulations, we offer a graphical scheme for admission to citizenship.
Submitting an application for citizenship is required for any program. Sometimes a special form is filled out (read about this below), or additional forms are provided - it all depends on the requirements of the program.
