General Director's leave order: sample 2021

The General Director, like all working Russians, also has the right to go on vacation under current labor legislation. However, the position of a senior executive is very different from the position and responsibilities of any other employee.

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In this case, a controversial question often arises: should the corresponding order be issued or not? One thing can be said with certainty: having an order for the general director’s leave in the T-6 form will protect you from problems from tax and labor inspectors if they come to check the activities of the enterprise.

What should HR employees pay special attention to when preparing documentation related to a manager’s vacation?

We appoint a person in charge

Let’s say the issue of granting the next working holiday has been resolved, and even a sample order for the general director’s leave is ready. All that remains is to decide who will be entrusted with the duties.

In order for the organization to operate without interruptions, and the boss not to have to be recalled to sign contracts and solve other organizational problems, it will be necessary to delegate authority to one of the company’s employees.

This can be any specialist, regardless of his position, professionalism, level of education and qualifications. Let us remind you that the current labor legislation does not provide a list of positions to which it is recommended to assign managerial responsibilities. Consequently, the decision is made by the leader himself.

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Dismissal while on maternity leave

If the boss has deputies (the positions are provided for in the institution’s staffing table), then it is preferable to delegate authority to one of the deputies, since an employee of this category has a number of advantages over other subordinates. However, we repeat, this is not necessary.

Who signs

When hired for a position, the head of an LLC is given the right to be the first to sign all company documents, from contracts and estimates to personnel orders. However, the director does not always have the right to sign his vacation order. So, if the general director, based on the terms of the Charter, is obliged to coordinate the time of his vacation, and also obtain permission for vacation from the board of founders, there may be two options:

Signed by a person authorized by the founders, but only if this function is assigned by the Charter;
Signed personally by the General Director.

In all other cases, only the director has the right to sign the order for rest, even if the administrative act is drawn up personally for him.

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.

The manager and his competence

In Article 273 of the Labor Code of the Russian Federation, the head of an organization is characterized as an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity ( organization) and local regulations manages this organization, including performing the functions of its sole executive body.
The manager is the sole executive body of the company (director, general director, president, etc.), who is elected by the general meeting of the company's participants for a period determined by its charter, unless the charter refers to the resolution of these issues within the competence of the board of directors (supervisory board) of the company. The sole executive body of the company may not be elected from among its participants.

The head of the institution (hereinafter referred to as the director) as an employee is subject to labor legislation, and as an executive body - to civil law. The effect of labor legislation, in particular Ch. 43 of the Labor Code of the Russian Federation , applies to the heads of all organizations, regardless of their organizational and legal forms and forms of ownership, except for those cases when:

the head of the organization is the only participant (founder), member of the organization, owner of its property;
The management of an organization is carried out under an agreement with another organization (management organization) or an individual entrepreneur (manager) ( Part 2 of Article 273 of the Labor Code of the Russian Federation ).

In addition, the activities of the director are regulated by the provisions of other laws and regulations applicable to the heads of a particular type of organization. The most common forms of commercial organizations are limited liability companies and joint stock companies. Accordingly, we can highlight federal laws dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law ) and dated 12/26/1995 No. 208-FZ “On Joint-Stock Companies” .

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.

Appointment of a deputy during the absence of the general director

Before leaving on vacation, the head of the company must appoint an official who will perform management responsibilities during his absence. Often these powers are assigned to the deputy manager, whose employment contract directly stipulates this responsibility. Also, another reliable and responsible employee can be appointed as a deputy by way of combination (with his written consent).

The law also provides for other options for replacing a director during the vacation period. For example, this could be a third party hired under a fixed-term employment contract, or a company employee appointed to the position of manager by way of temporary transfer.

The formal basis for the appointment of a deputy general director is the issuance of a corresponding order. The order must indicate the scope of delegated powers, the period of performance of the duties of the director, and the amount of additional payment. In addition, the employee replacing the director may need appropriate powers of attorney to represent the interests of the company in the absence of the director.

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).

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

Notices and Statements

A notice (notification) is a special document with the help of which an employee is notified that in 2 weeks he must go on a planned well-deserved vacation. The document is official on behalf of the management of the enterprise; it must contain information about specific vacation dates.

Expert opinion

Polyakov Pyotr Borisovich

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

But notification can only be issued if an employee goes on a planned vacation. If an employee needs to go on unscheduled leave, he fills out an application, so there is no need to send him a notice.

This is important to know: Can a woman on maternity leave be laid off?

If no notice has been given, the manager, like any other employee, may refuse the time provided for rest if it is not suitable for him. In this case, the refusal is formalized by a special act.

There is no unified form for drawing up a notification, but it indicates:

date of document execution;
Name;
employee details (full name, position);
main text;
date of delivery.

The main text conveys the idea that the company provides the employee with paid leave from such and such a date. The employee must confirm the fact of receipt of the document with his signature.

A notice or notice can also be understood as a statement, a draft order, an introductory sheet, or the same vacation schedule, which will have separate columns for employee signatures. In one he signs that he is familiar with the start date of the vacation, and in the other he puts the date when he was informed about it.

If, for example, the employer issues a notification in any form, along with an order, and familiarizes the employee with both documents 2 weeks before the start of the vacation, then the requirements of the Labor Code will be met.

Order for leave of director T-6: sample filling, form download

Registration of the director's leave causes heated debate between HR specialists. One side believes that it is very absurd to use unified forms of administrative documentation regarding the director, therefore, in the event of the director’s vacation, it is necessary to prepare a memo.

The other side, on the contrary, believes that using the T-6 form to formulate the CEO’s leave is very appropriate, since the director is an employee like everyone else in the organization.

This is confirmed in Resolution of the State Statistics Committee No. 1 of 01/05/04.

One way or another, there are no claims from the tax and labor inspectorates if the order for the director’s leave is issued in Form No. T-6.

In fact, there are two correct options for registering a director’s leave. If the company's charter regulates the issue of granting leave to the director, then it is necessary first of all to schedule a meeting of the founders, where the agenda will include the issue of paid leave for the general director and who should be assigned responsibilities during the leave.

Then the director of the company must fill out an application addressed to the chairman of the meeting of the Company (or shareholders) or the meeting of the Company as a whole, which indicates from what date and until what date paid leave is expected and for how many calendar days. In the same statement, you can indicate who will temporarily fill the position of the manager during the period of absence.

If a similar issue is not specified in the company’s Charter or other internal documents, then the general director himself plans his own vacation, which should be indicated in the vacation schedule along with the rest of the company’s employees. No application for leave is needed; the CEO must simply be notified of the start of the leave no later than 14 days later.

The director writes a vacation order to himself

And his vacation is also included in the vacation schedule, which reflects the vacations of the company’s employees. In this case, an application from the director is not required, and the director must be informed against signature of the start of his vacation, and at least 2 weeks in advance, according to Article 123 of the Labor Code of the Russian Federation.

· It is worth noting that in order to correctly register any leave, it is necessary to use the established forms of orders regarding the provision of leave to employees, namely form No. T-6 and T-6a. The form itself requires the signature of the head of the organization.

If the leave was given based on the decision of the meeting of shareholders, then the order can be signed by the chairman of the meeting. And if the manager himself decided on his vacation, then he signs the order personally, and also puts his signature in the acquaintance line.

Typical sample and examples

Form T-6 for different types of leave is filled out as follows:

If you are the only founder of an LLC

In this case, everything is simple: the director appoints and signs a vacation order for himself without the consent of other persons.

If the director is an employee

If the decision on leave is made by the meeting, then the chairman of the meeting endorses the document.

Who signs?

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

When a decision is made to send him on leave at a general meeting, the order is signed by the chairman of the meeting.

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.

How much and where is it stored?

The storage of leave orders is regulated by the norms of Order No. 558 of the Ministry of Culture.

Order of the Ministry of Culture of Russia dated August 25, 2010 N 558

But enterprises have the right to independently make decisions on the timing and procedure for storing documentation.

The storage period for a leave order is:

5 years if it is not included in the employee’s personal file;
if the procedure established at the enterprise provides for the inclusion of the order in the personal file, then the storage period is 75 years.

Expert opinion

Polyakov Pyotr Borisovich

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

Personnel officers need to familiarize themselves in detail with all the nuances of processing and storing leave orders in order to avoid claims from any inspection authorities.

This is important to know: Maternity leave: designation in the report card

Person acting as CEO during his vacation

The choice of the person who will act as the general director while he is on vacation directly depends on the current situation.

Thus, if the director of an enterprise’s vacation was decided at a general meeting of founders, then, as a rule, a replacement person is also elected by the members of the constituent meeting.

As a rule, in large organizations the general director has deputies or assistants, whose job descriptions have a direct indication of replacing the manager during his absence from the workplace.

If such instructions are not established, the head of the organization has the right to delegate the authority to perform his work duties to any of the employees who, in his opinion, are more competent to perform this duty. At the same time, the director must have confidence in this employee, since temporary replacement implies signing enterprise documentation, holding business meetings, communicating with employees and resolving existing controversial situations, as well as full control over the activities of the organization as a whole.

In any of the options for selecting a replacement person, with the exception of assigning responsibilities in the job description, the written consent of the selected employee must be obtained in order to draw up and issue an order on the temporary delegation of work responsibilities of the General Director.

How to write a vacation application - by hand or on a computer? It doesn't matter, both options are valid. The main thing is that the employee’s signature and the date of compilation are at the bottom.

The vacation form has the following structure:

a cap. Placed in the upper right corner of A4 sheet. Contains the position of the head of the company (director, general director); Name of the organization; surname, first name and patronymic of the director in the dative case (director Ivan Vasilyevich Petrov); last name, first name and patronymic of the applicant employee in the genitive case (from Irina Ivanovna Marinina);
the title is written in the middle of the sheet with a capital letter or in all capital letters, without a period;
text. It is drawn up in any form and contains a request for days off. It is important to specify whether you are asking for paid days or without pay. It depends on this whether you will write an application for annual paid leave (if the corresponding period is not indicated in the schedule) or whether you will need a sample application for leave 2020 for 14 days at your own expense;
The employee puts the date and signature under the text.

If you work in hazardous production or in the Far North (as well as in areas equivalent to it), are a doctor, teacher or researcher, a minor or a disabled person (and in other cases established by law), you are entitled to additional paid days. If you do not belong to the categories of beneficiaries, then you have the right to count on only 28 calendar days of rest per year.

These days can be used at one time or divided into parts, and one of the periods must be at least 14 days. The remaining days can be divided arbitrarily, at least 14 times one day at a time, the main thing is to obtain the consent of management for such short periods of rest.

Instructions: we issue an order for the director’s leave

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.

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.

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.

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).

Reasons for drawing up

The labor legislation of the Russian Federation sets out a certain procedure for granting leave to employees.

To do this, you need to develop several typical documents:

Annual leave schedule.
Statement from an employee.
Order on granting leave.
Notifying the employee about the upcoming vacation.
Calculation note for payment for the vacation period.

The basis for issuing an order for planned leave will be the vacation schedule, and for unscheduled leave - an application.

Without an application, you cannot issue an order for the following types of leave:

without pay;
for pregnancy and childbirth;
training;
child care and others.

If the enterprise provides for the consideration of an application at a meeting of shareholders, then it is necessary to obtain a written protocol or decision to draw up an order.

Protocol example:

When the rest period coincides with the planned one, which is approved in the vacation schedule, the order can be printed without a statement from the manager. Otherwise, it is impossible to do without a written request from the director.

How to calculate compensation for unused vacation? Find out from our article. Is it possible to withhold alimony from sick leave? Details are here.

Director - employee

If a rental agreement has been concluded with the immediate manager of the organization, and the owners are other persons, a different procedure applies in such a situation. Moreover, legislators provided two options for the development of events. However, the decision must be made by the founders.

To understand how to draw up a sample order for the general director, who is an employee, to go on vacation, you should refer to the organization’s Charter. Upon its approval, the founders had to determine the procedure for granting the next labor leave of the general director. In such a situation, there are only two possible scenarios:

The time and duration of rest for the general director is determined by the founding council.

So, if the Charter of the enterprise directly states that the decision on the rest of the management is made by the owner or the board of founders, then follow the following procedure.

Step one: the general director prepares an application addressed to the sole owner or to the chairman of the founding council.

Step two: the written appeal should be delivered personally or through a representative, for example through a secretary.

Step three: wait for the official decision of the founders. So, the application can be approved, rejected, or the vacation period can be postponed. Please note that refusal or postponement of leave must be motivated. That is, the founders are required to indicate specific reasons why the vacation was postponed or cancelled.

If a positive decision is made on the application, then a sample order for the leave of the general director of the LLC should be issued, which must be signed by the owner of the company or the chairman of the founding board. The order assigning the duties of a manager is drawn up in accordance with the general procedure and is signed by the chairman of the founding council.

The right to decide on vacation rests with the CEO.

If the institution’s Charter does not contain information on the procedure for registering and providing annual leave to the boss, then in this case one should be guided by the norms of labor legislation. Namely, articles of the Labor Code of the Russian Federation.

First of all, the organization approves a vacation schedule, which indicates the vacation periods of all employees without exception. The wishes of management must also be taken into account in this plan.

In this case, you do not need to write a statement. It is enough to prepare a sample order from the general director for personal leave. You will also have to formalize the transfer of powers by a separate order.

Don't forget about the power of attorney.

Is it possible to recall a manager?

Sometimes circumstances arise when the CEO needs to be recalled from vacation to resolve a situation. Labor legislation describes the procedure for such actions in Article 125 of the Labor Code of the Russian Federation.

It states that he can be called to work only on the basis of personal consent and depending on the conditions set out in the Charter of the enterprise.

Procedure for recalling a director from vacation:

If he is not the sole founder, then the meeting or another founder of the company decides on his early return to work before the end of the vacation period. However, the reason must be very compelling for the document to receive legal force.
Based on the decision, an order to recall the manager is issued. The document is signed by another founder or the chairman of the meeting.

In the case where the director is the only founder, it is enough to simply issue an order for his early return to work.

Example of an order:

Reasons

The first person managing the enterprise can be recalled from vacation if the rules of the Labor Code of the Russian Federation are observed.

The grounds for revocation must be sufficiently compelling:

preventing the occurrence of a natural or environmental disaster or eliminating its consequences;
when there is a threat of an industrial accident;
to eliminate consequences in case of an emergency;
to prevent causes that could lead to an accident, downtime, loss or damage to material assets or property of the enterprise;
in other cases that may negatively affect the activities of the organization.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Vacation

We solve with additional payments

The vacation dates have been decided, the sea ticket is already in your pocket, even the order for the director’s vacation with the assignment of responsibilities is ready. The last question remains to be resolved: to pay or not to pay an employee for performing the duties of a manager during his absence.

It all depends on who will bear the “cross” of leadership.

So, a simple specialist was appointed, not a deputy director. Then the answer is clear: pay, pay and pay again. Based on Art. 151 of the Labor Code of the Russian Federation, a specialist is entitled to an additional payment for performing the duties of a temporarily absent employee. Its size must be determined in the employment agreement. When determining the amount of additional payment, the volume and complexity of the assigned work should be taken into account.

However, recommendations and letters from officials of ministries and departments are not binding. This means that the labor inspectorate may challenge this approach to the remuneration of a deputy. Note that the position of the courts is similar; they believe that it is necessary to pay extra.

Expert opinion

Polyakov Pyotr Borisovich

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

Advice. Despite the different positions of officials, it is better to assign an additional payment. The size of the payment can be determined as a percentage of the deputy’s salary or as a fixed amount.

This is important to know: Application for vacation compensation: sample 2021

Now all the issues have been resolved, we can safely say: “I’m leaving on the CEO’s vacation.”

Situation

Sometimes employees ask to be given rest days from Monday to Friday, thus spending 5 calendar days out of the required 28, and naturally resting 7. In this way, you can stretch the rest up to 32 calendar days.

And personnel officers don’t know whether it’s legal or not. And the answer is contained in the Labor Code (Art.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

125 of the Labor Code of the Russian Federation): any division is possible by agreement between the employee and management, which means whether or not to allow the vacation period to be divided in this way is ultimately decided by the employer.

But we wrote about how you can legally extend your vacation, so as to receive your vacation pay in full, in the article “How to add 1 to 10 days to your vacation at the expense of the employer.”

If you are thinking about whether to extend the January holidays by taking a vacation in January, use our article to find out whether this is beneficial.

Employees also often have a question: how many days in advance should they declare in writing their intention to take a break? The legislation contains the following answers:

If you are on vacation as scheduled, the employer must notify you 2 weeks in advance that it is your turn (Article 123 of the Labor Code of the Russian Federation), and there is no need to write anything.
Based on Art. 122 of the Labor Code of the Russian Federation, some employees may qualify for paid rest before the expiration of 6 months of continuous work in the organization. In this case, you need to contact your superiors.
The period within which they declare rest without pay or outside the schedule is not defined by law. This is usually decided by agreement with management: time is needed to prepare the order and find a replacement for the employee leaving to rest.

Interrupted Rest

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”.

What does the Labor Code of the Russian Federation say?

The manager is the same employee as all other officially employed employees of the enterprise.

According to Article 274 of the Labor Code of the Russian Federation, it can be understood that the labor rights and broad responsibilities of the general director are legitimized by the constituent documents of the organization. But despite its high status, the provision of vacation periods to the first person of the enterprise is guaranteed by the Labor Code, subject to the execution of documents.

Let's consider various options in which a top manager can be temporarily relieved of his powers during an annual vacation.

In the document flow, the following factors may influence the granting of leave to the General Director:

he is an employee;
the company was created solely on his capital investments without the participation of third parties;
he is one of the founders of the organization with an equity stake.

In joint-stock companies, where the charter is considered the fundamental document, a separate clause is provided in advance regarding the director’s ability to take leave.

If it is necessary to consider his statements at the board of shareholders, then he writes a document addressed to the chairman of the meeting with a request to relieve him of his assigned duties for a time.

In such cases, the procedure should be as follows:

the director sends an application for leave to the chairman of the meeting or the board of founders;
at the meeting the possibility of satisfying his request is discussed and a decision is made;
upon approval of the application, an order to go on vacation is issued, which indicates the person replacing the general director for this period.

The order can be signed by the chairman of the meeting, the board of directors, or the director himself, if he has the appropriate permission.

In cases where the director is the only investor in his enterprise, he can freely plan when it is best for him to leave work.

And although an application is not required from him, an order for leave must be issued.

It stipulates the period for which he gets rid of his powers, and appoints a full-time employee to perform his functions during this time.

If there is a board of directors in a company, each of its members has the right to replace each other, so the appointment of a separate person during the absence of the director is not required.

The order must indicate the period for granting vacation days to the director and specific dates.

From all of the above we can conclude: regardless of whether a leave application is written or not, an order must be issued.

How to ask for a vacation followed by dismissal

Before dismissal, the employee can take the opportunity to rest or receive financial compensation. True, providing days of rest followed by dismissal is a right, not an obligation of the employer. Therefore, we will have to negotiate.

Even if management doesn’t mind, a written request will still be required. If the organization uses standard official order forms, the employer may ask you to write 2 separate documents. But sometimes an employee is asked to provide only one piece of paper. A sample request in this case looks like this: