How to apply for leave for the CEO
Since the director of the company is appointed by the founder or meeting of founders, most of his work activities are regulated by the company’s charter. If the Charter does not stipulate any conditions, you must act in accordance with the norms of the Labor Code .
Therefore, it turns out that when applying for a director’s leave, you need to:
- look at the Charter to see if there are conditions there for issuing leave for a hired director;
- if there is one, the leave is issued according to the Charter;
- if not, according to the Labor Code.
Who can act as a director in his absence?
The duties of a manager during his absence can be performed by:
- A full-time deputy whose employment contract and job description contain provisions for the temporary performance of the duties of the chief in his absence.
- An employee of the organization in order to combine positions.
Remuneration in the first case is regulated by Explanations on the procedure for payment of temporary substitution dated December 29, 1965 No. 30/39. In the second case, according to Article 151 of the Labor Code of the Russian Federation, it is established by agreement of the parties. But in any case, no matter how a temporarily absent director is replaced, an additional payment for replacement must be established.
The legislation also provides for other ways to replace an absent director, such as a fixed-term employment contract (Article 59 of the Labor Code of the Russian Federation), part-time work (Article 60.1 of the Labor Code of the Russian Federation), temporary transfer to another job (Article 72.2 of the Labor Code of the Russian Federation), but in practice they are used , as a rule, when the first person of the organization is absent from work for a long period of time, but he retains his previous position (for example, parental leave).
In any case, when performing the duties of a director, regardless of the reasons for his absence, an order is issued, which is the formal basis for carrying out the relevant activities in the temporarily filled position.
Leave according to the Charter
If in the main document of the company there is a condition that the issue of the director’s leave is decided by the meeting of founders, then you need to act according to this algorithm:
- the director writes a statement to the chairman of the meeting of founders or the sole founder of such a plan ;
- the meeting makes a decision;
- an order is issued;
- An acting director is appointed.
In this case, the order will not be in the T-6 form, but on the main activity (see sample here ). And it will be signed by the director himself. The order must indicate:
- for what period of leave is the director granted;
- who will replace him during his vacation.
Attention! Important : the order for the temporary performance of duties is not drawn up as a separate document in this case; this condition is stated in the leave order .
The basis for the order will be the decision of the founder (meeting of founders).
As soon as the director takes a vacation, the personnel officer will have to enter data about the vacation into the vacation schedule and into his personal T-2 card.
how to fill out a personal T-2 card correctly
Download samples
Below are two samples: the first is drawn up in the name of the chairman of the general meeting, the second in the name of himself in the case where the director is the founder in the singular.
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The video explains how to properly arrange annual paid leave for a company executive:
Vacation according to TC
If the company’s charter does not contain a word about the director’s leave, we will be guided by the norms of the Labor Code.
At the end of the year, a vacation schedule is drawn up and the director must decide for himself when to go on vacation. At least two weeks before the vacation, the personnel officer must notify the director about the start of the vacation . There are no typos here, it’s the personnel officer who warns!
For other employees, notification of the start of vacations is endorsed by the director or HR officer by proxy. But in this case, even if the personnel officer does not have a power of attorney, he is still the one who must warn the director . Otherwise, an absurd situation will arise - the director will warn himself. Moreover, this is not prohibited by law.
At least three days before the vacation, order T-6 is issued . It will be signed by the director himself. The director’s order to himself, a sample of which can be viewed here , is endorsed by the director both in the manager’s line and in the familiarization line.
Attention! Important : applications for director's leave are not provided.
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.
Director's review from vacation
According to Article 125 of the Labor Code, recall from vacation is permissible, but with a caveat - consent is required
vacationer to return to work early.
The review is also formalized in different ways - according to the Charter or according to the Labor Code . The review algorithm according to the Charter is as follows:
- the founder or meeting of founders makes a decision on the recall indicating a specific date (in this case, a valid reason must be indicated, for example, production necessity or solving an important problem);
- based on the decision, a revocation order is issued signed by the founder;
- The order must be presented to the director against signature.
If the director acts according to the Labor Code or he himself is the founder of the company, an order is simply issued for early termination of leave.
Do not forget to include the actually used vacation of the general director in the schedule and the T-2 card.
conclusions
The head of a company needs rest, just like any employee. But we should not forget that in most cases the general director is a hired person.
He reports to the board of founders as well as shareholders. Only with their permission can a hired director go on vacation. To do this, you need to write a statement and wait for the decision of the meeting.
It’s another matter if the first person is also the founder. You don’t need to write an application to yourself, you just need to make an annual schedule and place the desired dates on it. All company employees must familiarize themselves with the schedule and sign.
Power of attorney
This document is drawn up when the director needs to delegate some 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.
Will the salary remain the same or not?
Many workers, despite their extensive experience, do not distinguish between wages and vacation pay. Salaries are paid for time worked and are calculated on working days, while vacation pay is calculated based on average earnings and are paid per calendar days.
Therefore, it makes sense not to rest in January or May, it will not bring financial benefits . In any case, the transfer of the vacation period does not affect wages and vacation pay , because it is approved by law and is due to every employee annually.
As a result, postponing the vacation period due to unpaid leave is pointless. The employee is paid vacation pay, not salary.
In whose name should it be issued, should it be addressed to yourself?
Who signs? Is a statement required from the director in this case? If the constituent documents of the organization stipulate the need to issue leave on the basis of an application, then this document must be executed. Otherwise, the Minutes of the general meeting (or the Decision of the sole founder, if the organization has one owner) will be sufficient.
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.
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.
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.
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.
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.
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.
Chapter and decree
The next question is the gene’s maternity leave. director. If the manager is the founder, then no problem. The head continues to perform his duties (possibly remotely) or betrays some of his powers using a power of attorney . The only caveat is that the Social Insurance Fund may refuse to reimburse an organization for funds spent on paying child benefits.
Otherwise, the constituent assembly must select an executor and issue an order appointing him . The main thing is to notify the tax authorities about this (application on form 14001) and the bank with which the company cooperates.
