Does the CEO need to write a vacation application to himself?
The head of the company is elected to the position by the general meeting of the founders of the company and appointed as the sole executive body.
The employment agreement between the director and the company is signed by the employer by the chairman of the meeting of company participants (Article 40 of the Law “On LLC” dated 02/08/1998 No. 14-FZ). That is, in this case, the director is actually a hired employee who performs his functions for a certain fee. The responsibilities of the general director are determined by the job description. To learn how to compose it correctly, read this article.
The manager, like any employee of the company, has the right to annual paid leave. Should the CEO write a leave application? ?
To answer this question, you need to study the company's charter. If the document does not stipulate the conditions for granting leave to the general director or indicates that he decides this issue independently, then he does not need to write a corresponding statement. The director acts in a similar manner when he combines the positions of director and founder. The Labor Code does not oblige employees to write leave applications. Therefore, the absence of such a document will not be considered an error.
In addition to the application and order for leave of absence of the general director of the organization, you need to create an order to assign the duties of the general director with the right to sign primary and personnel documents, as well as a power of attorney to represent the interests of the organization before government agencies, other companies and individuals. Materials from ConsultantPlus will help you fill out such papers correctly. Get trial access to the system and proceed to samples of completed documents and explanations from K+ experts.
Vacation notice: how to compose, how long in advance it is sent and how to familiarize it
Every employee who has worked for the company for at least 6 months is entitled to receive rest time. To determine the priority of all company employees to go on vacation, a special document is developed - a vacation schedule. The administration needs to notify about the vacation 2 weeks before it approaches.
When should an employee be notified of leave?
Employees may be given different periods of rest while performing their job duties:
The vacation notice should inform the employee that the rest period scheduled in the vacation schedule is very soon. The Labor Code establishes that the administration is obliged to notify about this no later than 2 weeks before this time.
If the employee is not at his workplace on the scheduled day, and therefore cannot read and sign the notification, then the document must be sent to him at his residence address by registered mail with acknowledgment of receipt. In this case, the date when the employee was informed about the leave will be the date of actual transmission of the letter (as indicated on the notice).
When notice has not been provided, the employee has the right to postpone the vacation to any month convenient for him. To do this, he needs to fill out an application indicating a new vacation period and submit it to management. Based on it, the personnel service must prepare an order to change the information in the vacation schedule.
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Important! In addition, the company and its officials face administrative liability for failure to notify. If an audit is carried out that reveals this fact, then fines will be imposed on all those responsible in accordance with the Code of Administrative Offenses.
There is a loophole in the need to promptly notify the employee about vacation for those who are not satisfied with the rest period established for him. If the employee was not warned in writing, then he has every right not to go at the time allotted for him, but to choose a new one that will completely suit him.
Do I need to apply for leave if notice is received?
Filling out an application plays the role of a request to provide the employee with rest time. When leave is granted according to a predetermined and agreed schedule, there is no need to submit an application.
However, there are still situations in which there is information in the schedule, but you still need to write a statement:
- The employee received consent from management to go on vacation on a day other than what was written in the schedule;
- Only the month is included in the schedule, and a specific date is not recorded there;
- Vacation is granted to a new employee who was not yet working at the time of drawing up the document.
In these situations, an application containing the manager’s visa serves as confirmation of the agreement on the vacation period, and is the basis for creating the necessary order and calculating payments.
HR staff of some companies still require a vacation application to be submitted, even when the employee goes on it as scheduled. They justify this by the fact that drawing up an order and calculating payments can only be carried out on the basis of a written request. Regulatory acts do not prohibit doing this, although it entails unnecessary paperwork.
How to conduct an introduction
The law does not establish a mandatory method for notifying employees about vacation.
Typically the following types are used:
- A log of notifications of employees about vacation is started - for each fact of notification of vacation, data about the employee, the type and period of vacation, the date of notification is entered into it, and the employee signs in confirmation of this.
- Putting a mark on a vacation order - the law specifies that an employee must be familiar with his vacation order and sign there in confirmation of this. This step can be interpreted as notifying the employee of a vacation according to the vacation schedule. But you need to keep in mind that the employee must be notified of the upcoming vacation 2 weeks in advance, and therefore the order must also be issued during this period. The notification date will not be the day on which the order was issued, but the day on which the employee actually marked the acquaintance.
- Introduction of a new column in the vacation schedule. The law allows standard forms to be modified to suit the needs of the organization. Therefore, you can also add a column there so that the employee can put the date and signature in it confirming the message about the upcoming vacation.
- Notification in the form of a separate document. This notification method is most often found in enterprises. The written document must contain all the necessary information, and it is printed in two copies - one is given to the employee, and on the second he puts a confirming signature.
The employee may not agree with the vacation period and therefore refuse to sign the notice. If this situation arises, a certificate of refusal is drawn up in the presence of at least two independent people. After this, the document is attached to the vacation schedule and stored with it.
When drawing up a notification on separate forms, it is advisable to create a separate logbook, where to record each issue of a notification to an employee, as well as the date of signing. There is no standard form for it, and therefore you can develop your own based on your internal needs.
Attention! Vacation notices must be kept in the organization’s archives for at least 5 years.
2 weeks vacation notice sample download Word.
The law nowhere specifies what exact form the notification should take if it is issued as a separate document. In an organization, you can use a company letterhead as its basis, and the text can be compiled based on the specifics of the company’s work.
The entire text of the notification can be typed entirely on a computer, or used as a template with blank fields in which information about the employee is manually entered - his full name, position, period and start of vacation, etc.
At the top of the notification you must indicate the name and details of the organization. After this, the date of registration and place are recorded on a separate line.
Next, on the right side of the form, information about the employee to whom the document is being transferred is indicated - his full name. and position.
Then in the middle of the sheet you need to write down the name - “Notification”, and put down its number. Under it, you need to register the form in the journal.
The text of the notification itself must be drawn up in the form of a letter in a polite form, it must indicate:
- Article of the Labor Code, which indicates the need to provide the employee with notice;
- Information about the start and end dates of scheduled vacation;
- Duration of the period in days;
- Information about the vacation schedule in which this period of rest was fixed;
- The need to sign the form and return it back to the personnel department.
The vacation notice must be signed by the person responsible for preparing the document, the head of the personnel department. At the bottom of the form there must be an empty column in which the employee can put the date of review and his signature.
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How to write a vacation application to the head of an LLC
It’s another matter if the charter provides for regulation of the CEO’s leave by the founders. In this case, a meeting of company participants is held, at which the issue of the general director’s vacation is decided and, as a rule, an employee is determined who will perform the functions of the head of the company during his vacation. The decision of the council is documented in the appropriate protocol.
In this case, the first person of the company should write a corresponding statement addressed to the chairman of the meeting of LLC participants or address it to the entire composition of the founders as a whole. The application must contain information about:
- rest period,
- date of leave,
- date of writing the document.
The application is endorsed by the parties.
A sample director's leave application can be downloaded from our website.
Useful video
Should the general director write an application, for whom should it be drawn up, should it be written for himself, if the director is the founder in the singular - the answers can be found in this video:
The director is the same employee of the company as other persons; he is also subject to the Labor Code of the Russian Federation, including with regard to the provision of regular paid leave. The manager may not write a statement if his vacation is recorded in the T-7 schedule.
If the vacation schedule does not provide for it, then you must write an application. The sole founder of the LLC draws up an appeal to himself and signs it independently. The general director, appointed by the general meeting of founders, writes a request addressed to the chairman. In such a situation, all participants in the meeting at which the decision was made to rest the manager sign the document.
Personnel documents for CEO leave
The order of employee rest is determined by the schedule, which is drawn up for the next year 2 weeks before its start. The document is binding on both the employee and the employer.
Download a sample vacation schedule here.
The employee is notified of the start date of the rest 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation). The person authorized to sign such a notice has not been identified by the TC. Accordingly, it will not be considered an error if such a document intended for the general director is signed by the head of the personnel department or another person authorized to draw up vacation papers.
What documents should I fill out and who should sign them if the director needs to be recalled from vacation? For a detailed answer to this question, see ConsultantPlus by receiving free trial access to the system.
Any employee, including the director of the company, goes on annual vacation based on the relevant order. It can be issued using the T-6 form, if the decision on vacation is made by the manager himself. In this situation, he puts his visa both in the “Manager” field and in the one intended for the signature of the person who has read the order. This approach will not be considered an error, since only the head of the company or a person replacing him is authorized to sign an order in Form T-6.
If the issue of the director’s vacation is decided at the level of the founders, then the order is drawn up in free form and signed by the chairman of the meeting on the part of the employer and the head of the company as an employee who has read the document.
Is it possible to recall a director from vacation?
Separately for the manager, the issue of recall from vacation is not regulated by law. Therefore, we use the general norms of labor legislation (Article 125 of the Labor Code of the Russian Federation).
Who makes the decision to revoke?
This decision can be made either by the general meeting or by the head of the organization himself. In the first case, a protocol is drawn up. And, like other employees, the director must also give his written consent (Article 125 of the Labor Code of the Russian Federation).
This is important to know: How holidays are paid on vacation according to the Labor Code
The decision to recall a director from vacation can be made at a meeting of the general meeting and documented in minutes and an order issued on its basis. Do not forget that, like any other employee, the director must give his written consent to leave his vacation early (Article 125 of the Labor Code of the Russian Federation).
In the second option, the director interrupts the vacation on his own initiative. This is documented by an order on early departure from vacation, see sample Order on early departure of a director from vacation.
Results
The general director of the company should write a leave application only in a situation where such a need is spelled out in the charter; the issue is regulated by the general meeting of founders. If there is no such condition in the charter, the absence of a statement will not be considered an error and there is no point in writing it to yourself.
Sources:
- Labor Code of the Russian Federation
- Law of 02/08/1998 N 14-FZ “On Limited Liability Companies”
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
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 .
Read more: How to safely transfer money to a stranger
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.
What happens if you don't send a notification?
The notification must be brought to the attention of an employee of the organization against signature.
Otherwise, he will have the full right to postpone his vacation to a time that is convenient for him - and for this he will only need to write a corresponding statement indicating that he was not notified about the start of the planned vacation.
Read more: Job description for the head of technical training in construction
Also, the absence of a notification can serve as a reason for a “showdown” in the labor inspectorate or even in court, so you should not neglect the formation of this notification.
Transfer of powers during the performance of duties
Carrying out formal activities to replace an absent director entails the emergence of corresponding rights, duties and responsibilities for the replacement employee. But if an order within the company is sufficient to carry out legally significant actions, then for cooperation with third-party organizations a power of attorney may be required, for example, to represent interests in court.
This is important to know: Is a disabled person of group 3 entitled to additional leave under the Labor Code?
The power of attorney must be executed on the organization's letterhead, contain information about the time and place of its writing, validity period, signature of the organization's first person and seal.
The power of attorney itself indicates the person to whom the power of attorney was issued, with full passport data, date of birth and place of registration. It also needs to formulate a list of specific powers available to the performer. In this case, general phrases should be avoided, all wording should be as specific as possible, avoid double interpretations, and the names of the institutions in which it is planned to represent interests should be written in full to avoid misunderstandings.
In what cases is a document generated?
In many organizations, especially large ones, a preliminary vacation schedule is drawn up before the start of the new year. It specifies during what period of time a particular employee can take a break from his work.
The vacation schedule has a certain sequence, which is developed taking into account the interests of the employer and his subordinates. This document is especially relevant in manufacturing companies with a continuous cycle of work.
Two weeks before the vacation, the HR department specialist is obliged to inform the employee about the upcoming event (in accordance with the previously approved vacation schedule).
In this way, two goals will be achieved at once: the employee will be reminded of the vacation, and the employer will comply with all the necessary formalities.
It is mandatory to notify in the event of one of two types of leave: planned paid or additional.
If an employee goes on vacation at his personal request (for example, unpaid), then there is no need to write a notice in his name.
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:
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
How to place an order correctly
When issuing orders for the performance of duties, the question often arises: how to write correctly - temporarily acting (acting) or acting (io)?
There is a generally accepted rule: interim is used when replacing a temporarily absent employee whose position is retained, for example, due to temporary disability.
Io is used when an employee temporarily performs duties in a vacant position.
In principle, both options can be used; there is no fundamental difference, with the exception of government organizations, where these issues are outlined in the relevant instructions.
