Application for leave of the General Director: procedure for registration and sample document

The head of the organization, like all employees, has the right to receive annual paid leave. But the procedure for registering leave and the list of necessary documents raises many questions among HR employees. Do I need to write a statement or is it enough to draw up an order for the general director’s leave? What documents regulate the granting of leave to an executive? Do you need a vacation schedule and other personnel documents if we are talking about a manager? The answers to these and other questions are in our material.

What does labor law say?

The issue of granting leave to a manager is established in the Charter of the enterprise; accordingly, it is determined there whether the manager independently decides to go on leave or whether this is decided by the general meeting of participants (shareholders) of the company or the board of directors.
The main provisions related to the rights and obligations of enterprise managers are disclosed in Article 274 of the Labor Code of the Russian Federation. It is stated here that the powers and rights of directors are determined by the Labor Code, as well as other norms and constituent documents of the organization.

In general, the essence of this norm comes down to the fact that all the rights of employees specified in Article 21 of the Labor Code of the Russian Federation apply to enterprise managers. In particular, the general director has the right to:

a workplace whose conditions comply with labor protection standards;
timely payment of labor;
obtaining reliable information about the specifics of the work;
receiving additional education;
defending your interests in any way that does not contradict the law;
Negotiation;
resolution of emerging labor disputes in accordance with the established procedure;
social insurance.

Among other things, the manager has the right to rest, which extends to the provision of days off and annual paid leave.

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Article 274. Legal basis for regulating the labor of the head of an organization of the Labor Code of the Russian Federation

Article 21. Basic rights and obligations of an employee of the Labor Code of the Russian Federation

Article 125. Division of annual paid leave into parts. Review from vacation of the Labor Code of the Russian Federation

Important! The director can be the owner of the company, one of its founders, or a civilian employee. In each of the listed cases, the procedure for granting leave and drawing up the relevant documents will have its own specifics.

Features of drawing up a vacation order for the general director

We explained above that the general director has expanded powers, but within the framework of labor relations he is equated to an employee, albeit one who has a number of privileges.
Such relaxations include the fact that the head of the enterprise does not have to write an application for annual leave. For senior management, a vacation order is sufficient, which is drawn up in relation to all vacationers of the enterprise. In most cases, personnel officers use the standard T-6 form for this, although the law does not prohibit the use of other options for issuing an order for internal document flow.

However, another question arises: “Who signs the order for the general director’s leave, if in relation to the rest of the staff, this is dealt with directly by the head of the company?” The answer will depend on who made the decision about the director going on vacation. If the issue was raised for consideration at the general meeting of participants (shareholders) of the company or the board of directors, the order is signed by the chairman of this meeting.

In a situation where the director is authorized to make such decisions independently, he also endorses the order. In both cases, the manager must sign, confirming that he has read the order.

Who is eligible

According to the law, the director has a large number of responsibilities, among which are:

representing the organization to third parties;
execution of powers of attorney to represent the interests of the company;
transactions;
issuance of orders on the appointment of employees, transfer, dismissal, etc.

If the director is on vacation, who signs the documents? The answer to this question is quite simple. If the boss has a deputy, the right to sign for this period passes to him. This must be stated in the employment agreement. It is believed that since these powers are contained in the contract, there is no need to draw up an order and a power of attorney. But in order to avoid problems in the future, it is better to prepare the documents. This can be done once, so that in the absence of the director, his duties can be safely performed by the deputy.

Contents of the order

Considering that the order for the leave of enterprise managers is drawn up according to the generally accepted T-6 form, the contents of the document will be standard. The following points are displayed here:

organization details;
information about the manager: last name and initials, position held, personnel number;
mention of the structural unit on whose staff the director is listed;
length of rest: usually indicated from what date and for what period, for example, 28 days.

If the organization’s personnel service does not use unified order forms, but maintains its own document flow, the “body” of the order may include information about the person who will temporarily perform the duties of the manager.

Who signs

As already mentioned, the signing of the order depends on the status of the manager and his powers as specified in the constituent documents. There are 2 options here:

If the director is the only founder, then the director, on behalf of the founder, grants leave to himself, signing the order and at the same time signing in the column about familiarization with the contents.
If the manager is a civilian employee, then in most cases, the decision on leave is made by a meeting of company participants, the chairman of which is authorized to endorse the document.

Important! The vacation order is drawn up by a personnel service employee, whose duties, by the way, include warning the manager about the upcoming vacation no later than 2 weeks before it starts (Part 3 of Article 123 of the Labor Code of the Russian Federation).

The CEO goes on vacation - how to assign responsibilities to another employee

When going on vacation, the CEO must delegate his responsibilities and powers to someone else who will lead the company during his absence. To do this, the following documents are prepared:

An order to transfer the responsibilities of a manager to another employee. There is no unified template for such a document, so it is compiled in any form.

A power of attorney is issued for the employee who will temporarily replace the manager (letter of the Ministry of Finance of the Russian Federation dated September 25, 2012 No. 03-02-07/1-227).
There may be situations when it is necessary to conclude an additional agreement to the employment contract, providing for additional payment (Article 151 of the Labor Code of the Russian Federation), if the replacement employee will combine positions.

IMPORTANT! If during the absence of the general director his functions are performed by a deputy, there can be no talk of combining positions, since the replacement is his direct responsibility. Of course, the relevant provisions must be recorded in the employment contract with the deputy or the job description (letters from Rostrud dated 05.24.2011 No. 1412-6 and the Ministry of Health and Social Development of the Russian Federation dated 03.12.2012 No. 22-2-897).

Is the CEO required to write a leave application?

The candidacy for the position of director is considered by the meeting of founders.
Based on the results of the meeting, an employment agreement is concluded with the appointed candidate, which is signed on behalf of the employer by the chairman of the meeting, and on behalf of the employee by the director. This form implies that the manager is a hired employee who performs a certain range of job responsibilities for a set salary. This format of labor relations indicates that the director appointed by the meeting has the right to leave, like the rest of the company’s personnel. However, it follows that the manager must first write a statement, which is signed by the chairman of the meeting of founders, indicated in the employment contract as the employer.

Let us note that the director writes an application for leave only if the company’s charter requires it. In such a situation, a meeting of the founders is held, the agenda of which includes the issue of the general director's leave and the approval of a deputy who will temporarily act as head of the company. If the manager is also a founder, an application for leave is not written.

How can a director go on vacation?

There are two schemes for registering the CEO’s leave, and each of them has legal nuances:

The company's charter (or its internal regulations) may stipulate that the manager must agree on leave with the participants (shareholders) at a general meeting. Then the general director needs to write a statement indicating when and for how long he planned the vacation. This issue will be discussed by the company's owners at a general meeting. Its participants will determine who will replace the general director in his absence.
If there is no such requirement in the registration or internal corporate documents, then the general director has the right to manage his own vacation. The vacation of the head of the company, as well as ordinary employees, must be included in the vacation schedule. In this case, there is no need to apply for leave.

Read more about these two situations in the article “Sample application for leave of the CEO.”

From our point of view, the second option is preferable. Let us explain why.

The release of the general director is, of course, an important matter, but not so important as to periodically initiate a meeting of owners on this issue, and this is not a quick and not such a simple procedure. For it to take place, the meeting participants need to reach a quorum (a certain number of votes), find time to meet (and people are usually busy), discuss the issue, and draw up minutes. And considering that the general director is a responsible person, not randomly appointed and guarding the interests of the company, it is quite difficult to imagine a situation where he will go on vacation at the most inopportune moment.

Therefore, for small firms, it is wiser not to complicate the process and not to include language in the charter that limits the rights of the manager in deciding on his leave. But for large companies, strict regulation of the vacation procedure may be justified.

Step-by-step instructions for granting leave to a director were prepared by ConsultantPlus experts. Get trial access to the system and proceed to the HR Guide.

Application for leave to the director: writing procedure

The application is drawn up according to a standard template and must contain the following information:

to whom and from whom;
name of company;
start and end dates of the holiday;
date of writing;
signatures of the parties.

If the charter of the enterprise provides that the appointed director has the right to independently decide on the issue of granting himself leave, there is no need to write an application. In this situation, the manager enters himself into the vacation schedule for employees; he must be notified of the upcoming vacation two weeks before the specified date. This responsibility is usually assigned to the company's personnel officers. After this, the general director can only sign the order for his leave and confirm with his signature that he has read the document.

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Sample order for leave of the general director

What documents need to be prepared?

Transfer of vacation: how to arrange it? The transfer must be properly completed to avoid problems with the law.

There is a strict registration procedure , where the first point is the initiator of the transfer, and on this basis an order is issued.

The procedure might look like this:

Employee application and registration.
Issuance of an order and its registration.
Familiarization of the employee with the order.
Making changes to the vacation schedule.
Making changes to your personal card and time sheet.
Recalculation of vacation pay.

No additional certificates or documents, the only thing required is a motivational justification , but it is also an application.

Whatever orders the employer issues as the initiator of the transfer of leave, they have no legal force without the consent of the employee .

How to prepare documents?

The application is written to the director, the text indicates the reason for the transfer, the date and signature of the applicant are indicated.
Order it begins with the reason, after which there is a list of points under the word “I order”:
make the necessary changes to extend the vacation to the schedule;
familiarize the necessary personnel with this order, for example, the head of personnel or the head of the sales department;
after this, the basis is displayed, that is, the corresponding statement of the employee, the signature of the director and those who are familiar with the order.
The employer's initiative can be legalized with the help of a memo . Start with the words “I ask you to reschedule your vacation due to something...”. Indicate the employee's name and deadlines. Naturally, with all the details. If the date is not determined, then make a proposal to issue a new date when drawing up a schedule for the next year.
The employee’s consent to the transfer is also drawn up in the form of an application; here too, details cannot be avoided. The text begins with the word “agree”, then the dates, from where and to where are indicated.
Vacation feedback can be submitted in the form of a proposal. Contact the employee, indicate the reason for the recall and the remaining time off, which can be transferred to the next year or “any other convenient time.” For example, when an ill employee returns. Of course, the employee’s written consent is required for revocation.
The order for revocation is written according to the same template, but not in the intonation of the petitioner. Withdraw, make changes, indicate what to do with the unused part of the time off, bring to the attention of the employee and the head of the personnel department, and so on.

Personnel issue

Despite the fact that in certain cases the director is exempt from writing an application, the personnel department must formalize the leave of its director in accordance with all the rules.
Firstly, no later than 2 weeks before the vacation, an authorized employee of the HR department notifies the director about going on vacation. The fact of familiarization is confirmed by the signature of the vacationer. This time interval is set for a reason: the director, along with other employees, must receive vacation pay. The amount is calculated according to the general principle:

Average daily earnings are displayed;
the resulting figure is multiplied by the number of days of rest.

Please note that the calculation period for calculating vacation pay is taken to be the calendar year or the actual time of work in the company if the manager holds his position for less than 12 months.

Important! The calculations take into account not only wages, but also all received allowances and accrued bonuses.

If registration of leave is included in the list of powers of the appointed manager, the order is drawn up according to the unified T-6 template. Here the director puts his signature in the columns:

head of the enterprise;
I have read the order.

In situations where the issue is resolved by the meeting of founders, it is allowed to formalize it in free form signed by the chairman of the meeting and the director, as the employer and employee, respectively.

Appointment of a Deputy

While the director is on vacation, his duties are temporarily assigned to another employee.
Ideally, one of the deputies becomes such a person. In such a situation, often no documentation is required to transfer authority: this procedure is provided for in the clauses of the employment agreement. If the position of deputy is not provided for in the staffing table, the company is still not left without a temporary manager: these responsibilities are assigned to one of the company’s employees.

How to delegate authority correctly

This practice is used quite often, and usually involves the preparation of 2 papers for the enterprise:

an order on the temporary transfer of powers to a certain employee;
power of attorney in relation to the designated employee to perform legally significant actions on behalf of the organization (clauses 1, 3 of Article 29 of the Tax Code of the Russian Federation, clause 1 of Article 182 of the Civil Code of the Russian Federation).

The order on the temporary transfer of powers is drawn up in free form; the document indicates the amount of the increase to the regular salary for the period of work in a managerial position.

Important! If the company is managed by a deputy during the CEO's vacation, no additional payment is due for combining positions. In fact, the deputy does not combine his position with a management position, but performs his direct duties in accordance with the terms of the employment contract.

Document structure and form

Labor legislation does not provide for a single form (unified form) for such orders. The document is written by the director in free form and contains the following points:

Indication of the reason for publication (for example, in connection with my departure during the annual vacation period, I order).
The main order for subordinates, directly indicating a temporary deputy or part-time worker (his last name, first name, patronymic and position are entered).
This paragraph also stipulates all the main nuances of substitution. For example, that the employee is not relieved of his main job responsibilities or, on the contrary, is exclusively engaged in the management of the enterprise or organization.
If we are talking about combination, in the next paragraph of the order the director indicates the amount of additional payment to the employee’s basic salary.
In the third paragraph, the deputy is given the right to maintain and sign financial, including banking, and business documentation. If the director decides to grant only part of the powers, he must clearly limit them in this paragraph in order to avoid discrepancies (for example, prohibit signing certain bank documents).
If, during the absence of the director, the deputy has to represent the interests of the organization or enterprise before third parties, in a separate paragraph he is given full powers to do so (for example, I authorize him to represent the interests of the enterprise before third parties).

According to Article 151 of the Labor Code, the amount of additional payment in case of combination is not limited by any limits, that is, the director can set any amount of additional payment according to the financial capabilities of the enterprise or organization.

An order for the director's leave with assignment of duties can be found here.

Can a manager be recalled from vacation early?

If the manager is a hired employee, then the decision to recall the director from vacation is made at a meeting of the general meeting or board of directors and is documented in a decision or protocol, on the basis of which the director can be recalled from vacation.

The issue of recalling a director from vacation is not considered separately by law, so here you need to be guided by the provisions of Article 125 of the Labor Code of the Russian Federation. It states that an employee’s vacation can be terminated early only with his consent, while the unused part of the vacation must be provided upon request at a time convenient for the director.

At the same time, the law stipulates that pregnant women, persons under 18 years of age, or those involved in work with harmful or hazardous working conditions cannot be recalled from leave early.

Is it possible to recall a manager during a vacation?

There are problems that the deputy and other employees occupying top positions cannot solve. Then you have to call the director and ask to return to work. But one call will not be enough. According to the law, there is a procedure for recalling a director during vacation:

Hold a meeting of the Board of Directors.
Based on its results, draw up a protocol and issue an order to recall the general director from leave. This document is signed by the person who temporarily manages the company.
Obtain consent from your manager to return from vacation. Calling on the phone and asking whether the manager agrees to come to work is not enough. Written consent is required.

If the boss refuses to interrupt his vacation, then it will not be possible to issue a review. The boss himself may decide to go to work early. In this case, an order for early exit is issued. This document indicates the last name, first name and patronymic of the employee, his position, reason and date of return to work. Based on this order, the HR employee makes notes in the vacation column and personal card.

So, when the director goes on vacation, documents need to be drawn up in the same way as for other employees. But there are several differences: the director himself can sign the order; a power of attorney must be drawn up to assign responsibilities to another employee. This document specifies the authority and states the validity period. If problems arise at the company that require immediate solutions, the boss’s vacation can be interrupted. But for this you need to get his consent.