The nuances of applying for leave for the director of an enterprise and the rules for filing an application for leave

24.06.2019
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7 min.

According to the Constitution of the Russian Federation and the norms of Labor Law, every employer is obliged to provide his subordinates with annual paid leave. The same employee is the head of the company, who, despite his high official status, has the right to take a break from work. And here the question arises: should the CEO’s leave application be drawn up to himself. It turns out that, based on the provisions of the labor code and a number of other regulatory documents, the registration procedure follows a slightly different scheme.

The CEO goes on vacation

The director is officially recognized as the only head of the company who performs official functions, based on the provisions of the charter or internal instructions. The candidate is selected at the next meeting of shareholders (or employees), where an employment agreement is drawn up. It is signed on the one hand by the presiding officer, on the other by the newly appointed leader. Thus, the latter becomes a hired employee who performs his duties and receives wages for it.

Registration procedure

Every employed citizen knows that in order to prepare documents for a vacation, he is obliged to draw up and submit an appropriate application. The actions of the first person of the enterprise in a similar situation are considered a serious question, which only specialists can answer. Meanwhile, this procedure is regulated by the constituent documentation or the provisions of the Charter.

What the statute says

To clarify the situation and solve the problem of how to properly send the general director on vacation, it is recommended to refer to the provisions of the enterprise’s Charter. They can describe two options.

1. The possibility of the head of the company leaving for a planned vacation is considered at a meeting of its founders. If a positive decision is made by a majority vote, a petition in a standard form will be required to properly carry out the procedure. The document must be drawn up in the name of the presiding officer, who endorses it and transfers it to the personnel service for processing.
2. The manager, as the sole manager, has the right to choose the optimal period for rest and determine its duration. Since it is pointless for the director to write an application for leave to himself, 14 days before the planned departure he is obliged to issue a notice on the basis of which the corresponding order will be issued.

The total duration of leave is also regulated by regulations. Thus, the current Labor Code of the Russian Federation defines the minimum period intended for rest as 28 days. The calculation is carried out according to the calendar, that is, it includes weekdays and weekends.

It is important to know! Taking into account production needs, the founding director is entitled to independently decide how many days he wants to be absent, and whether the vacation period will be used in full or in part.

If the director was hired by the founding council, then the final decision remains with him. Article 126 of the Labor Code of the Russian Federation gives him the right to compensate for a certain number of days of rest in cash.

Issuance of an order

The format of this document may also differ. Examples are given below.

First option. The issue is considered at a meeting of shareholders (founders), the application is endorsed by a person whose competence is confirmed by the participants unanimously and is reflected in the form of the minutes of the meeting. At the same time, they can be enshrined in the charter. To correctly execute an order, it is allowed to use a special form T-6. But only in accordance with the Resolution of the State Statistics Committee dated March 24, 1999 No. 20, it should be changed slightly by adding the line “Authorized person of the company.” This is done in case the interests of the LLC will be represented by a person appointed to perform this task.

Option two. If responsibility for the decision to go on a planned vacation falls directly on the general director, then the order is also formed according to the T-6 form, but without taking into account changes. When completed, it should reflect relevant information.

• document details (registry number, date of preparation);
• report card value;
• FULL NAME. and position;
• department, division, structure;
• encoding number;
• the number of days for rest, calculated according to the calendar;
• the total duration of the vacation period.

The lower segment of the form must include the signature of the head of the joint-stock company and the current date.

Warning Notice

In many organizations, on the eve of the new calendar year, a vacation schedule is formed. The drafters take into account the interests of the director and each of his subordinates (family status, presence of children, personal wishes). Drawing up a document that announces the beginning of the vacation period is considered a mandatory step in the procedure for registering employees leaving for vacation.

In the case where the director's vacation is included in the annual plan, he should also be informed about the approaching date of his vacation, but only in advance. To do this, he is sent a written notification of the upcoming event. An employee of the personnel department creates a document in two copies, after which it is signed by the boss or the general director himself.

One copy is given to the manager, and the second is filed in a folder and remains in the archive. Any employee, including the director, is required to read the document and sign.

It is important to know! A notification is issued if a person goes on primary or additional leave. When days without pay (unpaid absence) are granted, such a procedure is not expected to be followed.

Writing an application

A vacation application is a document reflecting an employee’s request to be temporarily relieved from performing official functions and to be provided with a certain period of rest. But when the question concerns management personnel, whether to file a petition or not depends on how these actions are reflected in the statutory documents.

Option 1. The manager will have to submit a petition if he is elected by the company of shareholders. To whom does the general director write a vacation application in this case? It is addressed personally to the chairman or to the entire community. The decision is made at an extraordinary meeting. At the same time, a candidate is approved to temporarily perform the duties of general director.

Option 2. The manager is provided with rest based on the approved plan. No application will be required, and he will only have to draw up and endorse a notice of his going on vacation. This stage is considered mandatory, since an order will be issued on its basis. He is endorsed either by the director or the chairman of the company.

Sample application for leave from CEO

Regulatory acts determine that the option of filling out an application either typewritten or by hand is considered valid. It is permissible to write it both in any form and in accordance with the approved sample. The completed form should reflect such information.

1. Personal information of the chairman.
2. Full name of the company, without abbreviations.
3. Personal information about the CEO.
4. Type of document (petition, petition, statement).
5. A text containing a request to consider the possibility of providing rest at the meeting of founders.
6. Length of rest period, start and end dates.
7. Signature of the applicant, date, month and year of compilation.

An illustrative example can be found below.

Filling the position of director

The candidacy of a person temporarily replacing the manager and performing his functions can also be approved in various ways.

If all decisions are made at meetings of shareholders, then they are also authorized to choose a deputy. If the Charter does not indicate the need to select a replacement person or the director is considered a personal manager, he himself is entitled to delegate his official functions.

In large enterprises, institutions, companies, the general director is required to have several assistants on staff, whose job descriptions contain items that directly indicate the performance of the functions of a manager in his absence. If there is no such information, he himself has the right to delegate the authority to perform his functions to any of his subordinates.

Attention! Temporary replacement involves resolving current production issues, controversial situations, signing documents, and holding business meetings. Therefore, the selected person must be competent, have a crystal clear reputation, and enjoy the trust of the manager and staff.

According to the approved rules, based on the provisions of Art. 60.2 of the Labor Code, during the absence of the first person, his duties are transferred to one of the employees by means of an order. It contains the following information:

• Full name of the substitute;
• delegated powers;
• the period during which the person will perform duties.

When it is necessary to transfer only a small part of the powers, as well as selective functions of representation on behalf of the company, the transfer of power is carried out by proxy. This is reflected in clause 2, part 2, art. 40 of the Federal Law No. 14-FZ.

Power of attorney for transfer of powers

In paragraph 4 of Art. 185.1 of the Civil Code of the Russian Federation states that a power of attorney for the delegation of official functions can be drawn up in writing in any order and certified by the personal signature of the head. According to Art. 185 of the Civil Code, this form must contain such information.

• Company name and full name of the first person.
• Information about the employee who is appointed as a temporary executor: last name, initials, passport details, registration address.
• List of responsibilities and functions.
• The name of institutions, organizations with which this person has the right to conduct business on behalf of the company.
• Duration of the power of attorney. If it is not specified, then the standard validity period of the document is one year from the date of issue.
• Signature of the manager with transcript and date of compilation.

Below is an example of document formatting. Based on his example, anyone can draw up a power of attorney correctly and without errors if necessary.

How to create an order

An order for the general director's leave without assignment of duties is drawn up on a unified form T-6 with reference to the norms of the Labor Code of the Russian Federation signed by the director himself (Letter of the Federal Service for Labor and Employment dated March 11, 2009 No. 1143-TZ). Below he signs that he has read the order.

If the decision on approval is made by the general meeting of owners and the application is approved, an order is issued signed by the chairman of the meeting of founders. Here it becomes necessary to appoint a person who will perform his duties during his absence. The order for the general director's leave and assignment of duties is also signed by the chairman.

Maternity leave of the head of the company

In 50% of cases, the position of general director is occupied by women who cope with their official responsibilities no worse than men. Difficulties arise if the “lady boss” has to go on long maternity leave (for pregnancy and childbirth, as well as for care). Many employees of HR departments are interested in how to correctly formalize the transfer of authority and should the director write a leave application in this case?

The law and regulations provide three possible options.

1. An order is generated for the transfer of powers with the right to sign as a person temporarily charged with official functions (TPO) on banking or production documents, contracts with suppliers and customers.
2. A power of attorney is issued to the person to whom the responsibilities of the director are delegated, including the right to endorse current documentation and submit reports to state funds (PFR, Social Insurance Fund).
3. All official functions are assigned by the founder to another responsible person who is on the staff of the LLC. For this purpose, he is relieved of his previous main responsibilities so that he can work with full dedication in his new position.

The best option is to hire a new general director. This is reflected in Art. 59 Labor Code of the Russian Federation. The new employee will be registered temporarily, but at the same time have all the legal powers of the main manager and receive wages in accordance with the position. At the same time, as soon as the “director” returns from maternity leave, the temporary worker will be obliged to resign. Art. also says this. 79 Labor Code of the Russian Federation.

We solve with additional payments

The vacation dates have been decided, the sea ticket is already in your pocket, even the order for the director’s vacation with the assignment of responsibilities is ready. The last question remains to be resolved: to pay or not to pay an employee for performing the duties of a manager during his absence.

It all depends on who will bear the “cross” of leadership.

So, a simple specialist was appointed, not a deputy director. Then the answer is clear: pay, pay and pay again. Based on Art. 151 of the Labor Code of the Russian Federation, a specialist is entitled to an additional payment for performing the duties of a temporarily absent employee. Its size must be determined in the employment agreement. When determining the amount of additional payment, the volume and complexity of the assigned work should be taken into account.

However, recommendations and letters from officials of ministries and departments are not binding. This means that the labor inspectorate may challenge this approach to the remuneration of a deputy. Note that the position of the courts is similar; they believe that it is necessary to pay extra.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Advice. Despite the different positions of officials, it is better to assign an additional payment. The size of the payment can be determined as a percentage of the deputy’s salary or as a fixed amount.

This is important to know: Application for compensation for unused vacation: sample 2021

Now all the issues have been resolved, we can safely say: “I’m leaving on the CEO’s vacation.”

Director's review from vacation

Article 126 of the Labor Code of the Russian Federation or the charter of the organization allows the director to be recalled from vacation ahead of schedule if a production need arises. An important condition is the consent of the vacationer himself. The procedure may involve the following order.

• At the meeting, the founders or the chairman decides to recall the director early and formalizes this in writing, indicating the reason for such a step. The circumstances must be compelling, for example, a problem that only a manager can fix.
• An order is issued based on the document drawn up
• The paper is sent to the director for review against signature.

The first person, who is the manager, has the right to interrupt his vacation ahead of schedule if there are compelling reasons:

• threat of industrial accident;
• carrying out restoration measures after a serious emergency;
• preventing a natural disaster or eliminating its consequences;
• prevention of circumstances that could lead to accidents, loss of life, or damage to company property;
• other reasons that may negatively affect the company's activities.

If the general director is the owner, or his actions are based on the provisions of the Labor Code of the Russian Federation, the formation of an order for revocation occurs on the basis of his order. The T-2 card and schedule contain data on how many days were actually taken off, and to what date the remaining period is planned to be transferred.