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.
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
Sample application for leave from the general director of an organization
The head of the company, like any other employee, has the right to annual holidays , in accordance with Article 122 of the Labor Code of the Russian Federation. Do I need to write a leave application to the general director, is there a sample? Let's look at the legal subtleties on these issues.
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Article 115 of the code obliges any employee to spend 28 calendar days a year on vacation . Moreover, according to Art. 123 of the Labor Code of the Russian Federation, the director’s rest must be included in the vacation schedule.
If a manager does not want to spend time outside the workplace, then the law provides him with this opportunity. Article 124 of the Labor Code of the Russian Federation states that the head of the company, like other employees, may not receive vacation . However, the period without rest should not exceed 2 years.
Director's Statement
Should the CEO write a statement and how to send him on vacation? The answers to these questions lie in the charter of the LLC (or other organization).
There may be several options in the organization’s documents:
- The constituent meeting is responsible for granting leave to the head of the company ;
- The director, as the sole founder, independently sets his own vacation period;
- There may not be any information available on this issue.
The head of the company should write a statement only in the first case. The application for leave must be completed addressed to the head of the congregation . After the decision is made, he (the head) signs the document.
In the remaining two cases, there is no need to write a statement to yourself . The director independently chooses when he wants to go on vacation. The only thing he needs to do is sign the notice at least 2 weeks before the holidays.
As for the duration of vacation, the law establishes 28 calendar days per year. The founding director independently determines how many days he will rest , and whether the vacation will be divided into several parts.
In the case of a hired manager, this decision is made for him by the meeting of founders . It is the same, according to Art. 126 of the Labor Code of the Russian Federation, part of the vacation can be replaced with monetary compensation.
In this article, read how to receive compensation for unpaid vacation.
Correct design
Even if this is only a formality, it must also be observed. In the event of a visit from the tax or labor inspectorate, the company must have all the papers, including the vacation schedule and employee statements. Moreover, writing a vacation application is very simple:
- On an A4 sheet of paper, in the upper right corner, the header of the document is drawn up. The name of the head of the constituent assembly must be indicated . Below from whom, full name and position of the employee.
- In the middle of the sheet is the word “Statement”.
- Below is the text itself asking for leave for the desired period, from such and such a date.
- At the bottom right is the signature, transcript and date of submission of the document.
Sample application for leave:
Watch a video on how to properly arrange a manager's vacation:
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.
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.
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Source: https://bizakon.ru/kadry/otpusk/obrazets-zayavleniya-generalnogo-direktora.html
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.
Should I write?
The priority of going on vacation is determined in schedule T-7, which is drawn up in December of the previous year for the next year.
If this schedule specifies the date of going on paid leave, then the director does not need to write an application to go on it.
If there is no schedule, or the manager’s vacation dates are not specified in it, or he wants to go off-schedule, on other dates, then you need to write a statement.
If the annual leave of the general director is not determined in advance, then the decision to grant it is considered at the general meeting of the company. And if the organization has only one owner, then the decision is made by the sole founder.
That is, after drawing up the application, a general meeting is held where the issue of granting annual leave to the manager is considered.
The decision is reflected in the protocol, which serves as the basis for drawing up the order.
Who is it addressed to?
The director can be one of the founders, or maybe a person hired from outside under an employment contract.
In any case, the request must be addressed to the chairman of the general meeting of company participants, or to all its members.
If the vacation dates are specified in the schedule, then you do not need to write an application.
This schedule serves as the basis for issuing an order.
In whose name does the director register if he is the only founder?
If the manager is the only founder of the organization, then you need to write the text yourself - in your own name.
Next, a decision is issued by the sole participant of the LLC to grant annual leave to the director.
The decision serves as the basis for drawing up an order.
The order on behalf of the organization is approved by its head, who also signs the review, acting as an employee who goes on vacation.
How to compose a text?
The application is drawn up on a regular sheet of A4 paper.
Its content should include:
- Full name and position of the person to whom the appeal is made (either the chairman of the general meeting, or all its participants are listed);
- Full name and position of the person on whose behalf the document is written;
- title and title of the form;
- request to provide annual paid leave (start date and duration in calendar days are indicated);
- date of writing;
- signature.
That is, the content of this document, when written by the director, is no different from the text written by any other employee.
The only difference is that the request must be addressed not to the manager, but to the members of the general meeting or its chairman.
Download a leave application from the general director (if the organization has several founders) - sample.
Download an application from the manager who is the sole participant of the LLC - sample.
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.
