How to draw up a vacation order for the general director (sample) in accordance with legal requirements

How can a director go on vacation?

There are two schemes for registering the CEO’s leave, and each of them has legal nuances:

The company's charter (or its internal regulations) may stipulate that the manager must agree on leave with the participants (shareholders) at a general meeting. Then the general director needs to write a statement indicating when and for how long he planned the vacation. This issue will be discussed by the company's owners at a general meeting. Its participants will determine who will replace the general director in his absence.
If there is no such requirement in the registration or internal corporate documents, then the general director has the right to manage his own vacation. The vacation of the head of the company, as well as ordinary employees, must be included in the vacation schedule. In this case, there is no need to apply for leave.

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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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.

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.

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.

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: Application for leave without pay for a civil servant

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: Application for non-vacation leave: sample 2021

How to properly book an annual vacation

Regular employees work eight hours a day, unless otherwise specified by contract. For bosses, the working day most often lasts more than eight hours. Additional rest is due for overtime.

6 steps to take an annual vacation:

Annual leave

Receive an application from the manager for leave when he goes on vacation not according to schedule. For example, when drawing up an order for unpaid leave. If the general director goes on vacation as scheduled, the HR employee must send him two weeks notice.
Issue an order in form T-6.
Draw up a note for the provision of vacation.
Mark non-working days on the timesheet.
After the employee returns to work, make a note on his personal card.
Make a mark on the chart.

By the way, the vacation schedule must be approved two weeks before the end of the calendar year.

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.

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.

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).

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.

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.

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 some conditions are not specified in the Charter, 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.

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: Payment for student leave under the labor code

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

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.

The CEO goes on vacation

The director is officially recognized as the only head of the company who performs official functions, based on the provisions of the charter or internal instructions. The candidate is selected at the next meeting of shareholders (or employees), where an employment agreement is drawn up. It is signed on the one hand by the presiding officer, on the other by the newly appointed leader. Thus, the latter becomes a hired employee who performs his duties and receives wages for it.

Registration procedure

Every employed citizen knows that in order to prepare documents for a vacation, he is obliged to draw up and submit an appropriate application. The actions of the first person of the enterprise in a similar situation are considered a serious question, which only specialists can answer. Meanwhile, this procedure is regulated by the constituent documentation or the provisions of the Charter.

What the statute says

To clarify the situation and solve the problem of how to properly send the general director on vacation, it is recommended to refer to the provisions of the enterprise’s Charter. They can describe two options.

The possibility of the head of the company leaving for a planned vacation is considered at a meeting of its founders. If a positive decision is made by a majority vote, a petition in a standard form will be required to properly carry out the procedure. The document must be drawn up in the name of the presiding officer, who endorses it and transfers it to the personnel service for processing.
The manager, as the sole manager, has the right to choose the optimal period for rest and determine its duration. Since it is pointless for the director to write an application for leave to himself, 14 days before the planned departure he is obliged to issue a notice on the basis of which the corresponding order will be issued.

The total duration of leave is also regulated by regulations. Thus, the current Labor Code of the Russian Federation defines the minimum period intended for rest as 28 days. The calculation is carried out according to the calendar, that is, it includes weekdays and weekends.

It is important to know! Taking into account production needs, the founding director is entitled to independently decide how many days he wants to be absent, and whether the vacation period will be used in full or in part.

If the director was hired by the founding council, then the final decision remains with him. Article 126 of the Labor Code of the Russian Federation gives him the right to compensate for a certain number of days of rest in cash.

Issuance of an order

The format of this document may also differ. Examples are given below.

First option. The issue is considered at a meeting of shareholders (founders), the application is endorsed by a person whose competence is confirmed by the participants unanimously and is reflected in the form of the minutes of the meeting. At the same time, they can be enshrined in the charter. To correctly execute an order, it is allowed to use a special form T-6. But only in accordance with the Resolution of the State Statistics Committee dated March 24, 1999 No. 20, it should be changed slightly by adding the line “Authorized person of the company.” This is done in case the interests of the LLC will be represented by a person appointed to perform this task.

Option two. If responsibility for the decision to go on a planned vacation falls directly on the general director, then the order is also formed according to the T-6 form, but without taking into account changes. When completed, it should reflect relevant information.

document details (registry number, date of preparation);
report card value;
FULL NAME. and position;
department, division, structure;
encoding number;
the number of days for rest, calculated according to the calendar;
the total duration of the vacation period.

The lower segment of the form must include the signature of the head of the joint-stock company and the current date.

Warning Notice

In many organizations, on the eve of the new calendar year, a vacation schedule is formed. The drafters take into account the interests of the director and each of his subordinates (family status, presence of children, personal wishes). Drawing up a document that announces the beginning of the vacation period is considered a mandatory step in the procedure for registering employees leaving for vacation.

In the case where the director's vacation is included in the annual plan, he should also be informed about the approaching date of his vacation, but only in advance. To do this, he is sent a written notification of the upcoming event. An employee of the personnel department creates a document in two copies, after which it is signed by the boss or the general director himself.

One copy is given to the manager, and the second is filed in a folder and remains in the archive. Any employee, including the director, is required to read the document and sign.

It is important to know! A notification is issued if a person goes on primary or additional leave. When days without pay (unpaid absence) are granted, such a procedure is not expected to be followed.

Writing an application

A vacation application is a document reflecting an employee’s request to be temporarily relieved from performing official functions and to be provided with a certain period of rest. But when the question concerns management personnel, whether to file a petition or not depends on how these actions are reflected in the statutory documents.

Option 1. The manager will have to submit a petition if he is elected by the company of shareholders. To whom does the general director write a vacation application in this case? It is addressed personally to the chairman or to the entire community. The decision is made at an extraordinary meeting. At the same time, a candidate is approved to temporarily perform the duties of general director.

Option 2. The manager is provided with rest based on the approved plan. No application will be required, and he will only have to draw up and endorse a notice of his going on vacation. This stage is considered mandatory, since an order will be issued on its basis. He is endorsed either by the director or the chairman of the company.

Sample application for leave from CEO

Regulatory acts determine that the option of filling out an application either typewritten or by hand is considered valid. It is permissible to write it both in any form and in accordance with the approved sample. The completed form should reflect such information.

Personal information of the chairman.
Full name of the company, without abbreviations.
Personal information about the CEO.
Type of document (petition, petition, statement).
A text containing a request to consider the possibility of providing rest at the meeting of founders.
Length of rest period, start and end dates.
Signature of the applicant, date, month and year of compilation.

An illustrative example can be found below.

Filling the position of director

The candidacy of a person temporarily replacing the manager and performing his functions can also be approved in various ways.

If all decisions are made at meetings of shareholders, then they are also authorized to choose a deputy. If the Charter does not indicate the need to select a replacement person or the director is considered a personal manager, he himself is entitled to delegate his official functions.

In large enterprises, institutions, companies, the general director is required to have several assistants on staff, whose job descriptions contain items that directly indicate the performance of the functions of a manager in his absence. If there is no such information, he himself has the right to delegate the authority to perform his functions to any of his subordinates.

Attention! Temporary replacement involves resolving current production issues, controversial situations, signing documents, and holding business meetings. Therefore, the selected person must be competent, have a crystal clear reputation, and enjoy the trust of the manager and staff.

According to the approved rules, based on the provisions of Art. 60.2 of the Labor Code, during the absence of the first person, his duties are transferred to one of the employees by means of an order. It contains the following information:

Full name of the substitute;
delegated powers;
the period during which the person will perform duties.

When it is necessary to transfer only a small part of the powers, as well as selective functions of representation on behalf of the company, the transfer of power is carried out by proxy. This is reflected in clause 2, part 2, art. 40 of the Federal Law No. 14-FZ.

Power of attorney for transfer of powers

In paragraph 4 of Art. 185.1 of the Civil Code of the Russian Federation states that a power of attorney for the delegation of official functions can be drawn up in writing in any order and certified by the personal signature of the head. According to Art. 185 of the Civil Code, this form must contain such information.

Company name and full name of the first person.
Information about the employee who is appointed as a temporary executor: last name, initials, passport details, registration address.
List of responsibilities and functions.
The name of institutions, organizations with which this person has the right to conduct business on behalf of the company.
Duration of the power of attorney. If it is not specified, then the standard validity period of the document is one year from the date of issue.
Signature of the manager with transcript and date of compilation.

Below is an example of document formatting. Based on his example, anyone can draw up a power of attorney correctly and without errors if necessary.