Instructions: we issue an order for the general director’s leave. Sample order for leave of the general director

How can a director go on vacation?

The first person of a budgetary institution cannot simply say “I’m going on vacation”; the general director needs to be properly documented, for which there are two registration options with their own nuances.
In the first case, the organization's Charter provides for approval of the constituent meeting. To do this, the manager needs to write a statement about how long he plans to leave. After this, the issue is discussed by the founders, and it is determined who will fill this position in his absence. To do this, an order is issued to leave the general director with the assignment of duties to another competent employee.

In the second, the person has the right to independently manage his vacation, it is included in the schedule. In this case, there is no need for a statement. The manager himself signs his order. In this case, use the sample director’s order for personal leave.

The first option is relevant for large institutions for which compliance with the regulations is justified. For the rest, it is better to simplify the process and not limit the rights of the manager.

Order for leave of the general director - specifics of publication and approval

The rule of law that must be relied upon when considering the issue is Article 274 of the Labor Code of the Russian Federation, which determines the status of the head of the enterprise. Key point: the labor rights and responsibilities of the general director are regulated by the main document of the organization, that is, the charter. But at the same time, the Labor Code guarantees every worker an annual rest period. And the CEO is no exception here.

In fact, there are two algorithms of action when registering the CEO’s leave:

The steps for agreeing on and leaving the manager on leave are defined in the main constituent document along with all his powers. Therefore, when clarifying actions on this issue, you need to refer to the charter.
If the charter does not contain instructions in this regard, it is necessary to be guided by the Labor Code.

When considering the issue, you need to understand that the order of issuing an order and the scheme of the main steps for preparing vacation documents is influenced by the status of the manager:

The director is the sole owner of the company, which was formed at his expense without the participation of third parties. If the general director alone manages the company, then he should not coordinate his vacation time with anyone. Accordingly, in this option, the first step will be to issue an order, where a rest period will be established and a full-time employee will be appointed as an acting director.
The general director is one of the founders of the company, having a certain share in it. This option eliminates the need to appoint a deputy during the manager’s vacation, since each member of the board of directors can replace the general director in his post. Usually the charter prescribes an algorithm of actions on this issue. But a vacation order must be drawn up.
The manager is a hired employee and works under a contract. If the charter documents state that the general director must coordinate his period of rest with the shareholders or the owner of the company, this must be done. Then the steps will be as follows:
Based on the application, a meeting of shareholders must be organized, at which a decision is made to approve the vacation. This is confirmed by a written protocol, which should indicate who will perform the duties of the general director at the time when he is relieved of his powers;

The minutes of the shareholders' meeting on granting leave to the director are signed by the chairman and secretary of the meeting
Based on the protocol, a leave order is prepared.

A sample of a non-standard order for granting leave to the CEO can be used by small companies

When the constituent documents do not establish certain steps when the general director goes on leave, the basis for granting leave will be standard documents provided for by labor legislation:

the general director's vacation period must be included in the company's vacation schedule; accordingly, an application for vacation is not required here;
The personnel officer must warn his management 2 weeks before the planned vacation about this (this requirement of the Labor Code of the Russian Federation should not be ignored even in the case of the director, despite the fact that this is the most responsible and organized person in the enterprise);
if the manager is working for the first year or goes on vacation outside of the schedule, an application for leave is drawn up;
in any case, a standard order is drawn up, which indicates the period and specific dates for the rest of the head of the company.

From all of the above, an unambiguous conclusion follows: the order establishing leave is issued without fail.

It must be taken into account that it is prohibited to issue an order for certain types of leave without a prior application. The following leave procedures apply (this also applies to leaves of the general director):

vacation at your own expense (without pay);
maternity leave;
vacation period taken for training;
Holiday to care for the child.

To the question of who should endorse such an order, there are several answers depending on the status of the manager:

The most common option is when the document is signed by the director himself. He has the right to do this when it is established in the charter (if the document contains a separate clause on the vacation of management) or if the vacation scheme operates according to the requirements of the Labor Code of the Russian Federation. In this option, the manager endorses both the order itself and the fact of familiarization with the document.
When a quorum of founders is assembled on this issue, the order is endorsed by the chairman of the board of directors.
Every founder has the right to this, if this is established in the charter.

The CEO also needs to rest sometimes, so it is necessary to include his vacation in the annual schedule

What documents to prepare

Since, by virtue of Art. 123.22 of the Code of Civil Procedure of the Russian Federation, a budgetary institution is the same participant in civil relations as other forms of legal entities; before the departure of the head, the following list of documents is drawn up:

statement and decision of the company’s shareholders (if the decision was made by the general meeting);
notification;
assignment to temporary employment by another employee (if such a decision is made);
order on leave of the general director (a sample order on leave of the general director of an LLC is attached);
power of attorney to represent the interests of the organization to another employee (if necessary);
a note calculating vacation amounts (which must be transferred three days before the vacation).

Director

If for some reason the manager does not have a deputy or has not found an employee capable of replacing him in this position, he still has the right to go on vacation. And then the question arises: can the director, while on vacation, sign any documents?

Labor legislation does not prohibit an employee from performing official duties while on vacation. And if the director is on vacation, then his signature does not lose legal force, which means that all documents signed by him at that time are valid.

But in practice, signing papers by a boss who was on vacation causes a lot of controversy. It is believed that in this case, the performance of the boss’s duties must be documented with appropriate documents. For example, a vacation review .

But if a director on vacation signs papers, transferring the necessary powers to another person, this will be considered a violation of labor laws. After all, when transferring his responsibilities, he temporarily loses them, therefore he does not have the right to sign papers, enter into contracts, etc. All documents drawn up with violations are often disputed in court.

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.

Responsibility of the director during vacation

Appoint deputies during vacation in the interests of the director himself. Otherwise, the manager, even during rest, will bear financial, administrative and criminal liability. A formalized order for the transfer of powers will help avoid negative consequences.

Let us remind you that the director bears full financial responsibility for direct actual damage caused to the organization - this is established by Article 277 of the Labor Code of the Russian Federation. Civil liability is imposed on the director by paragraph 2 of Article 71 of the Federal Law of December 26, 1995 No. 208-FZ and paragraph 2 of Article 44 of the Federal Law of February 8, 1998 No. 14-FZ.

Assignment of responsibilities

Once a candidate worthy of replacing the manager has been selected, we proceed to registration. Consent must be obtained from the replacement (except in cases where the replacement is due to urgent need).

An order to leave a director with the assignment of duties is an internal local act of the company, the unified form of which is not established by law. Also, a power of attorney is issued to this person to represent the interests of the institution (Letter of the Ministry of Finance of the Russian Federation dated September 25, 2012 No. 03-02-07/1-227).

It may also be necessary to conclude an additional agreement to the employment contract and establish additional payment for combining positions.

Samples and forms of orders depending on types of leave

According to the Resolution of the State Statistics Committee of the Russian Federation No. 1, which approves unified forms of primary accounting documentation, their use is recommended, but not mandatory, for organizations of all forms of ownership. Each company has the right to develop its own form. The main thing here is that the document contains the basic details inherent in personnel leave documentation:

the full name of the enterprise is indicated as it is reflected in the constituent documents;
the wording of the order must be precisely defined (in our case, on granting leave to the employee);
details of the employee going on vacation are indicated (full name, personnel number, department where he is registered, his position);
for which type of leave is an order issued (annual main or additional paid, without retaining a salary, educational or other);
for what period of work the vacation period is formed;
for what number of calendar days is vacation taken;
start and end date of vacation;
The document must contain the manager’s visa, as well as the employee’s signature confirming that he has read this order.

Note that 90% of all companies take the T-6 template as a basis when registering annual paid leave for their employees, according to the form of the All-Russian Classifier of Management Documentation (OKUD No. 0301005). And the order for the general director is no exception. You can download the template for this document to fill out in MS-Word or MS-Excel format for free.

An order of form T-6 is drawn up in the event of any employee of the company going on vacation

But sometimes a non-standard form of order is used. In this case, the form can immediately indicate who exactly will perform the functions of the general director during his absence and what additional payment for this will be determined for the acting director.

A sample of a non-standard (not in form) vacation order may contain any additional information

Few people know that there is another unified template for use when registering a vacation. This form under number T-6a (form according to OKUD 0301019) is filled out for several employees of the enterprise at once. If the director’s vacation according to the vacation schedule coincides with the vacation periods of other company employees, you can prepare, for example, one standard order for everyone at once for the entire month. Form T-6a is also available for download in two formats: MS-Word and MS-Excel. Please note that it can only be filled out if the director is a hired employee and is on the staff.

The T-6a form template allows you to enter information about the vacation of several employees

Video: how to place an order for annual leave

The types of vacations for the company's chief managers are, of course, not limited to the annual paid period of 28 days.

There are additional holidays for this category of workers, regulated by labor legislation, in particular, Article 116 of the Labor Code of the Russian Federation. It establishes that the management team’s working hours are considered irregular, and it follows that such employees are entitled to at least 3 additional days of vacation. Moreover, this period can be extended by internal local acts of the enterprise. Therefore, each CEO has the right to take additional days. In these cases, after the corresponding application, an order is drawn up indicating this particular type of leave. Moreover, this period can be either combined with the main vacation or taken separately.

The type of this document for the head of the company is no different from the order for any other employee. The wording is the same everywhere. As a rule, a document is prepared in the T-6 template (as the most convenient for maintaining personnel document flow).

Additional leave for the general director can be at least three days (according to the Labor Code of the Russian Federation), the upper threshold is limited by local regulations of the company

The manager also has the right to any other types of leave: educational, child care, maternity leave, etc. But company directors rarely take such leave, which logically follows from the nature of their activities and responsibility.

It is a special type of leave for management and leave without pay. There is one real-life situation where this type of leave is used by top management. When the head of a company runs for parliament, he has one option for this period - during the election race he is obliged to take a vacation at his own expense. In this case, a standard order is issued with the wording “leave without pay.”

The order for leave without saving a salary is the same for everyone: both for economists and for general directors, the only difference is in the name and position

Unified forms

Orders for granting leave at the employee’s expense may be drawn up in any form, indicating the following data: name of the organization, date, signature with transcript.

The order must be filled in with all the necessary information, because if the audit finds shortcomings in its completion, the head of the organization may be subject to penalties. Thus, the finished T-6 form allows you to avoid these troubles.

Regulatory framework for 2021

This type of leave may be permitted in accordance with legal regulations. According to the Labor Code, part 1 of Article 128, the employee must send the employer a written application indicating the reasons for receiving leave.

The circumstances must be valid, including family problems. Regulations provide for cases when a manager may not approve an employee’s application.

The second part of Article 128 lists the conditions for providing leave at your own expense. In the absence of an employee for valid reasons, his workplace and position are retained by him.

The Labor Code regulates all types of leave on an individual basis, independently of each other. Thus, if an employee of an enterprise has already taken annual paid or additional days of rest assigned to him, he can still count on unpaid, but at the discretion of the head of the company.

Deadlines, date, signature, seal

After the registration is completed, the document must be filed in a folder and sent for storage. Item 19 of the List of standard management archival documents, approved by the Order of the Ministry of Culture of the Russian Federation dated August 28.

2010 No. 558, the shelf life of such local acts is 5 years. However, if employees who went on vacation are engaged in hard, harmful or dangerous work, or the document concerns the provision of days without pay (wages), then, in accordance with paragraph 19 of the List, such a local act will have to be kept for 75 years.

We arrange leave for the general director

Attention

For reference: the director is an employee - accordingly, labor legislation applies to him. His legal status within the framework of employment is stipulated in the employment contract.

Info

The duration of the next paid leave is also fixed there. To whom does the CEO write a vacation application? A director can write an application for leave either to himself or to the general meeting of shareholders, the general meeting of an LLC or another collegial executive body of the organization.

Receive an application from the manager for leave when he goes on vacation not according to schedule. For example, when drawing up an order for unpaid leave. If the general director goes on vacation as scheduled, the HR employee must send him two weeks notice.
Issue an order in form T-6.
Draw up a note for the provision of vacation.
Mark non-working days on the timesheet.
After the employee returns to work, make a note on his personal card.
Make a mark on the chart.

By the way, the vacation schedule must be approved two weeks before the end of the calendar year.

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.

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.

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When I worked as a human resources inspector, we had a vacation schedule agreed upon and signed by the manager. According to this schedule, they were sent on vacation. An application for leave from the employee, on the basis of which an order was drawn up to send him on vacation with the start and end dates of the vacation.

Statement

Like others, a director must receive a standard leave of 28 days - this may be increased in some companies, but not reduced. However, the very status of the manager determines that the procedure for registering his vacation will be somewhat different - the fact is that the rights and responsibilities of the head of the organization are determined by its constituent documents, and therefore the details of the procedure for going on vacation are regulated by the charter.

The procedure for granting rest to the director will depend precisely on what is said in this regard in the charter - either this issue falls within the competence of the general meeting of the company's participants, or within the competence of the director himself.

If the first option, then the order will be as follows:

The manager notifies all participants about the planned start date of the vacation.
His notice appears on the agenda of the meeting, which makes the decision.
If the decision is positive, an order is drawn up to grant leave, the form of which should be slightly modified in comparison with the standard one (more on this in the next part). Samples of notice and order are attached to the article.

If the second option, then the manager himself enters his vacation into the schedule. You should not write an application for the CEO’s leave to yourself if it is taken on schedule. If not, then you will still need to draw up this document.

Even if everything happens according to schedule, notification of the start of the vacation must still be given - usually this is done by the personnel department.

An order is drawn up in a standard form, as in the attached sample.

Replacing a director requires that the employee performing his duties has the appropriate powers, only then can he bear all the responsibilities. The charter may provide that several persons are allowed to act on behalf of the company at once - and then there will be no problem of transfer of powers at all.

But if this is not the case, then you will need to formalize a temporary transfer of authority over the management of the company - usually to a deputy. For this purpose, an order is issued (a sample is attached). The document must clearly state what powers are being transferred and for how long.

This document indicates to whom it was issued, a list of powers entrusted to him - it is desirable that it be formulated clearly and comprehensively, and the duration of its validity. It is sealed with the signature of the director and the seal of the organization.

Who can be appointed acting during the manager's rest period? Most often, this is his full-time deputy, but it can also be another employee of the company.

Usually, the deputy manager’s employment contract specifies that during the director’s absence he will have to perform his duties, but not always. If there is no such instruction, it is necessary to conclude an additional agreement that during the director’s vacation his deputy will temporarily combine positions, and issue an order to this effect.

According to Article 151 of the Labor Code, the remuneration of the acting director must be established by agreement of the parties. One way or another, an additional payment should be provided for the combination; the only question is what volume it will be.

If the manager is expected to be absent for a long time, then other methods of replacing him can be used. For example, signing a new employee with a fixed-term employment contract, which will end with the return of the director, or temporarily transferring an employee from another job to this position.

Yes, but it is imperative to formalize this: both sending the director on leave and recalling him will be necessary using special procedures. If the director went on vacation by the decision of the company's participants.

We suggest you read: Deduction for vacation during layoff

Then the review will also be within their competence. That is, it is necessary to hold a meeting and make an appropriate decision at it, register it in the minutes, and then notify the director about it. His consent to the withdrawal will also be required.

If the director went on vacation on his own and delegated to his deputy the authority to recall himself if necessary, or if such powers were transferred to him at a meeting, then the deputy will be able to recall the director from vacation by appropriate order.

The director himself has the right to refuse to return from vacation ahead of schedule, and if he uses it, then no orders will help, and no disciplinary measures can be taken, since this will not constitute a violation of labor discipline.

To receive a recall, you must draw up a proposal for early return to work - its form can be arbitrary. The main thing is that it be formalized in writing, after which the director himself imposes his resolution on the proposal - whether it is accepted or rejected.

A sample order is attached to the article, but it is not necessary to follow it strictly - the legislation does not establish a standard form. It is only important that it contains the following points:

reason for revocation;
the date from which the vacation is interrupted;
date of return to leave if the recall is short-term;
information about unused days off that will remain as a result;
data on recalculation of wages and vacation payments.

The order number is entered in the accounting journal; the order itself should be kept for five years.

Regarding unused days, we note that the director will have the right to use them at any time during the year, or to increase the next vacation at their expense. If the vacation used exceeds 28 days, then the remaining days can be replaced with monetary compensation.

Like all other employees, the director needs rest, and besides, the Labor Code prescribes that he is required to take annual rest. That’s why we looked at how to arrange a vacation for the general director - and do it in such a way that the company’s work is not paralyzed during his absence, and in general, so that it causes as few difficulties as possible.

After all, the main thing that needs to be done for this is to correctly transfer powers to the employee who will replace him and determine their circle. It is also, of course, important to choose a competent deputy - but if he is not endowed with the rights to the required extent, then no amount of competence will help replace the director while he is on vacation.

In special cases, the general director can be asked to interrupt his vacation, in accordance with the rules specified in the Labor Code of the Russian Federation. Such a decision can be made at a meeting of the company’s owners and formalized by an appropriate order.

However, in this case, the general may not agree to interrupt his weekend. Revocation is possible only at the request of the manager himself, which is formalized in the form of an application for a premature return to his duties.

You can read more about reviews in the article “Order for Vacation”.

When is an order needed?

In order to receive a well-deserved annual rest, any employee must notify his immediate supervisor by writing a corresponding application and submitting it to his immediate superior.

It is this document that is the legal basis for issuing an order.

Such a notification is sent to the management of the organization or

enterprises in advance (at least two weeks) so that the employer has time to ensure documentation and timely accrual of vacation funds.

But in the case of the director, there is no need to write , since there is no one to notify. Therefore, the main purpose of the order in this case is to find a person who can be assigned temporary managerial responsibilities.

Moreover, the director can choose one of two options for replacing him:

An employee, for example, an acting deputy, combines his official duties and the functions of a manager.
The temporary deputy suspends the performance of his official duties and is exclusively engaged in the management of the enterprise or organization.

All the nuances of temporarily replacing a manager during his vacation must be initially stipulated by the provisions of local regulations. For example, a special replacement procedure may be established specifying the persons who should temporarily perform the functions of the absent director.

Also, these documents may include the need to approve such a replacement (or make a decision) by the founders or other supreme governing body, if there is one in the industry.