The director of an enterprise, like any other employee, has the legal right to receive annual paid leave.
At the same time, the design of this procedure has its own nuances; in particular, this applies to a person who can replace the director and perform his job duties while he is on vacation. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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Who to assign responsibilities to?
The duties of a company director can be assigned to any employee of the enterprise who has a sufficient level of education and management skills. Most often, directors are replaced by their immediate deputies or middle managers of the company.
It is important that the director of the organization has complete trust in the replacement employee, since the transfer of responsibilities, even temporary, involves signing various kinds of documents, holding business meetings, working with employees, partners, customers and contractors of the company.
The order should be issued in advance, but only in relation to the employee who gave preliminary written consent to replace the director during his absence.
Document storage
After the order is written and executed properly, and all interested parties are familiar with it, it must be transferred for storage to the secretary of the organization or another employee responsible for the safety of administrative documentation.
During the validity period, the order must be kept in a separate folder along with other similar documents, in a room where access to unauthorized people is limited.
After the expiration of the storage period, the document can be transferred to the archive and subsequently destroyed in the manner prescribed by law.
What to pay attention to when drawing up an order
The order today does not have a standard unified template, so representatives of organizations and enterprises can write it in any form, based on their own vision of the document and needs. Some use a template developed and approved internally.
At the same time, regardless of which method is chosen, a number of certain information should be included in the order. This:
- number, place and date of creation of the document;
- the name of the organization in which it is published;
- the basis for its formation (for example, a reference to the number and date of the vacation order or vacation schedule)
- in the descriptive part, you need to enter the period during which the appointed person will perform the duties of the head of the enterprise, as well as a complete list of responsibilities assigned to the representative (if necessary, the powers of the deputy can be limited in the order);
- if an employee is given the right to sign, this must also be indicated, as well as whether he retains his job functions at this time in his main position;
- It is also necessary to note the order in which the increase in work will be compensated (it is better to write a specific figure).
If any additional documents are attached to the order, they must be noted in the main text as a separate paragraph.
When drawing up an order, it is important to ensure that it is written in compliance with the norms of office work and the preparation of administrative documentation, as well as the rules of the Russian language.
Sample order for the appointment of an acting director
In the header of the document it is written:
- its name (with a short indication of the meaning) and number;
- name of company;
- date and place of drawing up the order.
Then below comes the main part. Here you need:
- give justification, i.e. in connection with what circumstances it was necessary to formulate this order;
- say who exactly will act as director (position, last name, first name and patronymic of the employee);
- indicate the period and number of full calendar days during which this role is to be performed;
- enter the functions that the employee replacing the director will perform (including the right to sign documentation);
- write down his salary for this period (one important point must be taken into account here - if the director’s salary is higher than the salary of the acting director, the difference should be compensated);
- at the end, the person responsible for the execution of the order should be entered (this can be the director himself or any of his deputy, the head of the department).
Main nuances when placing an order
The law does not impose any special requirements on the content of the order assigning duties to the director during vacation, or on its execution. You can write it on an ordinary sheet of A5, A4 format or on company letterhead by hand (with a ballpoint pen of any dark color) or on a computer.
The document must comply with only one condition: it must be signed by the head of the enterprise or his authorized representative (in this case, the use of facsimile signatures, i.e. printed in any way, is not allowed). If the order is signed by a representative of the director, the document must indicate a link to the corresponding power of attorney or other document on the basis of which it acts.
You don’t have to certify the form with a seal, because from 2021, legal entities are exempt from the obligation to use stamped products in their work (unless such a norm is enshrined in the local regulations of the company).
The order is printed in a single copy , but if necessary, additional copies can be made (for example, for submission to the personnel department and accounting department).
After completing the registration procedure, the order should be registered in the company’s internal documentation journal.
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”.
If the director goes on vacation
Despite the importance of the post, the director is an employee, to whom labor legislation applies. And the right to vacation is one of the inalienable rights for an employee. But it is clear that this is not a completely standard situation, if only because the order to provide it is signed by the director himself. Let's clarify the details.
Since the position is special, the legislation indicates the possibility of establishing in the company’s charter a special procedure for granting vacations for its holder - for example, sometimes he has an obligation to agree on the start date and duration with the board of directors.
In addition, he must prepare everything in advance. And signing the order and determining the scope of powers transferred to the replacement lies with him. He chooses his own deputy.
Selecting a candidate and determining the scope of delegated powers is very important not only for the company, but also for the director himself, because even during vacation he does not cease to bear responsibility, albeit partial. If the guilt of the deputy appointed by him in a particular violation has not been established. If he does not leave a replacement during his absence, then he will remain fully responsible for any incidents that happen to the company during his vacation. At the same time, the work of the enterprise will be quite difficult, since its signature is required to make payments, to carry out personnel actions, as well as to conclude transactions. Although it is possible to sign documents while on vacation, in any case this slows down the work of the company.
Power of attorney
If the organization's charter does not provide for the possibility of transferring powers in the absence of the general director, then it is necessary to issue a power of attorney. It is designed to regulate the organization’s external relations (relations with counterparties). In the power of attorney, indicate the powers delegated to the authorized person.
The power of attorney on behalf of the organization must be signed by its director (or another person authorized to do so in accordance with the law and constituent documents) (Clause 4 of Article 185.1 of the Civil Code of the Russian Federation). Moreover, a power of attorney issued on behalf of an organization does not need to be stamped (including when issuing a power of attorney to an employee temporarily replacing the general director).
A power of attorney can be issued for any period. If you remain silent about this at all, then it will only be valid for one year from the date of its issuance. 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. An exception is the case when the issued power of attorney was irrevocable (clause 2 of article 188 of the Civil Code of the Russian Federation). An irrevocable power of attorney can be canceled only in those cases that are directly stated in it itself (Article 188.1 of the Civil Code of the Russian Federation).
A complete list of cases when a power of attorney ceases to be valid is given in Article 188 of the Civil Code of the Russian Federation.
How to arrange leave for the chief accountant if the organization has a deputy on staff?
In this case, everything is more than simple: when hiring a person for the position of deputy, the replacement of the chief accountant and the performance of his duties during the latter’s vacation, illness, and other circumstances are written directly into his employment contract. As a rule, the deputy chief accountant who is on the staff is also registered on a bank card (with the right to sign) and the corresponding job description. In this case, there is also no need to pay him extra for the additional workload during substitution, which is very beneficial for the organization.
Transfer of powers
Being the sole executive body, the director is called upon to manage the organization and all its current affairs. It seems that everything is simple, but transferring powers turns out to be not so easy; certain nuances will have to be resolved. The fact is that the legislation does not very clearly regulate the powers of the director. In fact, we can say that its terms of reference include everything that does not fall under the powers of the general meeting and the board of directors - it may vary from company to company depending on the constituent documents.
That is, the powers of the director are usually not clearly formulated. But during a temporary transfer, it is advisable to clearly indicate as clearly as possible what powers are being transferred, so that there is no ambiguity about this. As a result, their division often occurs - that is, part of the powers remains with the director, and the deputy has to endure certain restrictions, which can interfere with the resolution of work issues.
Therefore, it is necessary to understand the structure of delegated powers. They can be divided into two main parts:
- representing the interests of a legal entity before third parties;
- exercise of administrative and economic power at the enterprise.
In other words, facing outward and inward. The first category includes the right to conclude transactions, deal with taxes, administrative legal relations, and so on. The second is labor and related relations. But even after transferring powers, the director does not relinquish them; they are, as it were, duplicated. In addition, he continues to bear responsibility for everything for which his temporary replacement does not bear responsibility.
