Director's application for leave without pay: sample

How to issue an order for the CEO's leave?

Based on the provisions of the Labor Code, you can take vacation pay in any amount not exceeding the established norm.
If an employee is absent from work for one day due to going on vacation, he must fill out a statement. Based on the document, the employer issues an order for the employee to go on vacation for one day on his own initiative. The order is drawn up taking into account Form No. T-6. The employer can personally send the ward on an extraordinary vacation based on the difficult production situation of the company, in other words, if there is no work. Industrial leave is issued only with the consent of the employee. If the decision to send on vacation belongs to the manager, he pays for the duration of the vacation in the form of benefits.

Content and form

Forms of orders for different types of leave have their own similar and distinctive features.

Same data:

name of company;
FULL NAME. manager;
signature.

The content changes the duration, start and end dates of leave, and the reasons for which exemption from official duties is required.

If the manager independently decides on his leave, form T-6 is filled out according to the following rules:

reflect the details of the organization’s order;
enter the personnel number, personal data and position of the manager;
note which structural unit the general director belongs to;
reflect the working period and number of days;
set the start and end dates of the period of suspension from work.

If the vacation order is not drawn up in a unified form, then the text may include a clause about the responsible person appointed as the acting director for the period of his absence.

Who signs?

If the general director has the right to determine his own vacation time, then he signs the order himself.

The order is drawn up by the responsible person or an employee of the HR department, who is obliged to obtain a signature from the general director and at the same time notify him of the upcoming days of rest.

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.

To whom and in whose name should it be registered?

Previously, it was stated that the presence or absence of the need to write an application for leave is determined in accordance with the data specified in the charter.

In a similar way, the question of who signs the document from the general director of the LLC is resolved, if it is issued, and to whom it is written

Important! If the company has a pre-drawn schedule for the distribution of vacations, then there is no need to write anything.

If the company has LLC status, the manager writes an application paper addressed to the chairman of the meeting of founders. In addition, the entire meeting as a whole can act as the recipient.

It happens that a company is managed by one person, being the manager and founder. To whom does the CEO write to the only founder, should he write a statement to himself?

If the director has not provided for his vacation in advance in the schedule, then in a situation where he is the sole founder of the company, the director writes a statement for himself. If there is a schedule, this action may not be carried out. Instead, a notice of leave must be completed and signed, which must be created at least 2 weeks prior to release from work.

Indefinite unpaid leave for the director

The procedure for granting leave without pay is similar to granting leave to other employees. 1. The director writes an application for leave without pay, indicating the period for which the leave will be granted.

Info

Based on the application, he issues an order for granting leave. 3. In the work time sheet, A is entered on days of leave without pay.

However, such a decision by management is not entirely legal, because only an employee can initiate administrative leave. If a lawsuit occurs and the facts of downtime and the absence of an application for leave (or writing it under pressure) are established, the court has the right to hold the employer accountable and oblige to pay the employees what they are due.

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Few people know that sick leave should not be issued during the period of free leave. Workers are not interested in such trifles, and doctors, by and large, do not need to know whether a patient is on vacation or not. The Social Insurance Fund is not obliged to accept sick leave, because contributions are not paid for this period!

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 filled out 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.

Documentation of vacation “at your own expense”

Some companies practice the employee filling out a form specially designed for such cases (including one approved as part of the organization’s local regulatory act - Internal Labor Regulations, Personnel Regulations, etc.);
in others, the application is written by hand (including using a sample for correct writing of the text).

F. went to court and won the case: it was decided to recognize F.’s dismissal under clause 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation is illegal, reinstate him at work, recover from the employer the average salary for the period of forced absence in the amount of 45,977.52 rubles, compensation for moral damage in the amount of 3,000 rubles. (the court left the rest of F.’s demands unsatisfied).

Thus, for state and municipal employees, absence from work cannot last more than a year. There is no such clause for private enterprises, but in the event of a long-term absence of an employee, the employer is persuaded to write a letter of resignation “At his own request.”

There is no particular point in this, but the length of service will not be interrupted. This step is taken by employees who cannot work due to moral, physical, psychological issues, and they plan to use this time to look for a new job.
It is worth remembering that since in such cases there is no compelling reason for leave, the employer has the right to refuse to provide it.
The day of dismissal will be considered the last day of vacation, and the end of the employment relationship will be dated as the last working day. In this case, “Day of dismissal” and “Last working day” will be two different dates.
You must submit your work book and make payments before the start of your vacation.

So, the procedure for granting leave without pay is established in Article 133 of the Labor Code of the Russian Federation. There are two types of leave without pay: 1) leave for family reasons and other valid reasons, the provision of which depends on the will (consent) of the employer (the employer can provide them, but is not obliged);

2) leave that the employer is obliged to provide to the employee. Cases in which the employer is obliged to provide leave and the duration of these leaves are specified in Article 133 of the Labor Code of the Russian Federation, other articles of the Labor Code of the Russian Federation, other federal laws, and may also be specified in the collective agreement.

During the vacation period, the general director needs to appoint another person to act as his duties (having agreed on this issue with the general meeting of founders (general meeting of shareholders) or the sole founder (sole shareholder). Issue an order granting such person the right of the second “first signature” and issue a power of attorney for representation interests of the travel agency in all instances and in other organizations with the right to sign all necessary documents.And on the basis of this, issue a temporary or new card with sample signatures and seal impressions.

We invite you to familiarize yourself with: Sample notice of termination of a contract

In addition, even in the absence of activity, organizations are required to submit accounting and tax reports. This means that it needs to be compiled. Therefore, the second employee is usually an accountant. We will leave the question of why these employees are temporarily willing to work for free behind the scenes. But even their agreement to work for free and the organization’s lack of income does not relieve it of the obligation to pay wages.

There are quite a lot of different forms and examples on websites. We tried to collect for you the least bad ones in our opinion. Each of the templates was used in life. All applications vary depending on where they are sent. Naturally, going to court differs from the document to the cooperative.

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Leave without pay can be issued for any period, but the exact period must be indicated in the order for granting leave (from what date to what date). If necessary, leave without pay can be extended an unlimited number of times, again for any period. To do this, you need to issue a new order for a new period of leave without pay.

Attention

Indefinite unpaid leave for the director Therefore, the absence of such a document will not be considered an error. How to write an application for leave to the head of an LLC It is another matter if the charter provides for regulation of the leave of the general director by the founders.

How to compose?

There are 2 options for writing a leave application for the CEO. In the first case, it is assumed that the addressee of the document is the chairman of the meeting, in the second - the head himself, who is the founder in the singular.

If the application is written to the chairman of the general meeting of founders of the LLC, then it must include the following information:

Company name;
Full name and position of the addressee in whose name the application is written - chairman of the meeting of company participants;
Full name and position of the citizen who prepared the form;
name of paper;
main part;

Includes a request to consider and make a decision at the general meeting on the issue of granting annual paid leave to the manager.

signature with transcript;
date of writing.

At the meeting, the event participants make a decision on the issue raised.

When a positive verdict is made, the founders draw up a protocol. In it they display the following data:

name of company;
document's name;
place and date of compilation;
information about the agenda - the issue being resolved;
resolution of the meeting - verdict;
information about voting, for example, “voted: for, unanimously”;
Full name of the chairman and secretary;
signatures and full names of the founders who have read the protocol;
director's personal file number.

Sample

Below is an example of an appeal from a general or ordinary director addressed to the chairman for discussion at a general meeting.

For the sole founder of LLC

If the general director is the only founder of the LLC, he writes a vacation application to himself.

If there is an appropriate schedule, this action is not necessary.

In most cases, managers decide to draw up such a form. It is formatted in a standard manner.

There is no unified form for drawing up the document, so it can be filled out freely.

For writing, you can use company letterhead or A4 sheet. Compliance with the rules of the Russian language is mandatory. The narration style is businesslike.

The following points should be noted in the application:

name of the enterprise;
Full name of the addressee in whose name the application is written - details of the general director of the founder, who is the only one in the LLC;
Title of the document;
Full name and position of the employee who compiled the form;
The main part is the request for leave. The desired period of rest and the exact date of the first vacation day are also indicated here;
date of writing;
signature and its decoding.

If the manager has not prepared a statement, he needs to draw up a notification for himself and sign the specified document himself.

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Who decides the issue of rest for the first person

An application for leave from the general director (sample below) is considered at the general meeting of the owners of the organization, since they are employers for the first person of the company.

Application for director's leave sample (2017)

Let’s make a reservation right away that all issues related to the activities of the company’s chief executive, including writing a leave application for the CEO, are directly related to the provisions enshrined in his employment contract and the organization’s Charter.

If the Charter contains information that the issue of granting leave to a director is decided at a general meeting of founders, the director will have to contact the general meeting of founders and discuss the issue of his leave at this meeting. Moreover, there the issue of candidacy of the person who will perform the functions of the chief during his absence will have to be resolved. The results of the meeting are documented in minutes, information from which serves as the basis for including relevant information in the schedule, and further, for issuing an order to grant leave to the manager.

Sample protocol

The order in this case is issued in free form, because it will be signed by the chairman of the general meeting, who is not the director of the organization.

Sample order in free form

If the company's charter provides that the general director himself has the right to decide when to go on vacation, he acts in the following order:

Notifies the owners of the organization of his intention to go on vacation (the director does not write a vacation application to himself).
Coordinates with the owners of the company the candidacy of a deputy during his absence.
Enters information about your vacation into the vacation schedule.

Application for leave of director (sample) in the form of notification

When the time comes to go on vacation, the director instructs his subordinates to prepare an order for his vacation, signs it himself and reads it. In this case, the order is issued in the unified form T-6.

Sample order in form T-6

How to arrange a vacation at your own expense for the founding director

Question: How to correctly arrange an indefinite unpaid leave for the general director? Answer: Unpaid leave cannot be indefinite. Let me explain. In accordance with Part 1 of Art. 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

Thus, leave without pay is granted only for a certain period, and therefore the employee in the application for leave must indicate a specific end date for the leave, which the organization must reflect in the order. If the general director is the only founder, he has the right to decide on his vacation independently by issuing an appropriate order.

As for the signature of this order, he himself signs the order, and, in addition, puts his signature in the information line (on the one hand as an employee, on the other as an employer). It should also be noted that during the general director’s vacation, it is necessary to formalize the temporary performance of his duties.

Application from the director to the founder for leave at his own expense Such rules are established in paragraph 1 of Article 186 of the Civil Code of the Russian Federation. The principal may revoke the power of attorney at any time.

And the employee to whom it was issued has the right to refuse it at any time. Cases when a power of attorney is terminated are given in Article 188 of the Civil Code of the Russian Federation.

The question came from a company that has temporarily suspended its activities: The organization has only a director, but there is no activity temporarily; is it possible for the director to go on indefinite leave at his own expense? How to apply? General rules The norms of the Labor Code of the Russian Federation apply to the relationship between the organization and the executive body, taking into account the features provided for in Chapter 43 of the Labor Code of the Russian Federation.

For family reasons and other valid reasons, the employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation).

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.

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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.

Time off at your own expense

The law guarantees the provision of leave without pay during entrance examinations to educational institutions for up to 15 days. This is stated in Article 173 of the Labor Code of the Russian Federation. Students of courses in educational institutions, employees who study at universities, and other persons are granted leave of up to 15 days to defend their thesis.

The concept of “time off” is not provided for in the law regulating labor relations at an enterprise or organization. The law allows citizens to take vacation at their own expense, in accordance with Article 128 of the Labor Code of the Russian Federation. The number of days taken as part of unpaid leave (at one’s own expense) within 12 months is also regulated.

Design features

The Labor Code clearly states the maximum terms of additional leave, during which citizens do not receive wages. But employers can set their own limits, but only in a positive way. Sometimes managers increase the rest period, although this negatively affects the length of service of employees.

If a citizen takes sick leave while on administrative leave, he will not be able to extend this period, which is possible with a standard paid rest period. Other features include:

the hired specialist retains his workplace;
the average salary does not decrease;
the employer continues to make contributions to various state funds;
if a person has not used all the allotted days, then they cannot be transferred to the next period or receive any compensation;
extension is not possible even if it falls on holidays.

Sometimes careless employers insist on taking this leave if the company cannot pay salaries to full-time employees. But coercion of hired specialists is illegal, so the director bears administrative responsibility for such actions. Companies pay a fine of 30 to 50 thousand rubles, and for officials and individual entrepreneurs the sanction ranges from 1 to 5 thousand rubles.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .

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In any case, it is better to indicate in the application the reason why the employee requires leave. Indeed, in a number of cases, the employer cannot refuse the employee’s request (paragraph 5, 6, part 2, article 128 of the Labor Code of the Russian Federation). To save personnel time, our specialists have developed a sample application for leave without pay, relevant for 2021.

Vacation at your own expense (vacation without pay) is a temporary period when an employee is absent from work without paying him vacation pay, but with preservation of his job. Vacations without pay are divided into those that the employer (organization or individual entrepreneur) is obliged to provide to the employee at his request and those that are provided by mutual agreement of the parties (Article 128 of the Labor Code of the Russian Federation).

Sample application for annual paid leave (2020)

Let us give an example of an application for the provision of rest, which every employee is entitled to every year.

Expert opinion

Polyakov Pyotr Borisovich

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

Please note that the sample application for the next vacation (2020) specifies how many days the employee requests. This will allow you to correctly calculate the duration of your vacation, taking into account non-working holidays.

Applications for the leave suggested above can be found at the end of this article. And although this is a sample of how to write a vacation application for 14 days in 2021, it is also suitable for situations where an employee needs a different number of days of rest.

Power of attorney

This document is drawn up when the director needs to assign part 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.

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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.

Is it possible for a director to go on indefinite leave at his own expense?