How to write a vacation application to the director himself. Does a manager have the right to sign an employment contract with an employee after his vacation? Who should you coordinate with?

"Salary", 2013, N 1

IF THE DIRECTOR GOES ON HOLIDAY

The burden of responsibility of the head of the company is enormous; in fact, he is responsible for everything. But just like all employees, the director is entitled to annual paid leave.

A director is an employee. He is subject to all norms of labor legislation, in particular regarding vacations.

General rules granting leave

In accordance with Art. 123 of the Labor Code, the priority for granting paid vacations is determined annually in accordance with the vacation schedule. The vacation must be planned in advance and reflected in the unified form N T-7 "Vacation Schedule", approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.

Note. Read more about this in the article “Vacation schedule: drawing up all year round" // Salary, 2012, N 12.

The employee must be notified of the vacation no later than two weeks before it begins.

You can issue a vacation order in advance. The order specifically contains the line “The employee has been familiarized with the order (instruction).” See sample 1 on the next page.

Sample 1

Order on granting leave

Note. Who will sign the order for the director’s leave?

The order for granting leave must be signed by the director himself. This is stated in the Letter Federal service on labor and employment dated March 11, 2009 N 1143-TZ: “In the process of labor relations, the manager issues (including in relation to himself) orders (for example, about going on a business trip, vacation).”

Based on the order, it is necessary to fill out a note-calculation on granting leave to the employee ( unified form N T-60) and pay vacation pay no later than three days before the start of the vacation (Part 9 of Article 136 of the Labor Code of the Russian Federation).

Special status - special procedure for vacation planning

In addition to the Labor Code, the activities of the director are also regulated by other laws.

Thus, Federal Law dated December 26, 1995 N 208-FZ “On joint stock companies"(hereinafter referred to as Law No. 208-FZ) does not prohibit the charter of organizations from prescribing a different procedure for granting leave to the manager (clause 3 of Article 11 of Law No. 208-FZ). For example, general director You can be required to agree on the start time of vacation and its duration with the founders or the board of directors.

Note. The company's charter may contain other provisions that do not contradict this Federal Law and other federal laws.

Delegation of powers during vacation

The director is the first person of the organization. It is he who makes transactions on behalf of the company, the state approves, issues orders and gives instructions that are binding on all employees of the company (Clause 2 of Article 69 of Law No. 208-FZ). To ensure that life in the organization does not stop during his vacation, the director must delegate his powers in advance.

I'm leaving for another vacation...

Before going on vacation, the director must sign an order transferring his duties. This is not a personnel order, but an order for the enterprise, and it can be drawn up in free form (sample 2).

Sample 2

Order on delegation of powers

I trust...

Director, being the sole executive body, without a power of attorney, acts on behalf of the company, including representing its interests and making transactions, issues powers of attorney for the right of representation on behalf of the company, including powers of attorney with the right of substitution (clause 1, clause 3, article 40 Federal Law dated 02/08/1998 N 14-FZ "On companies with limited liability"). The Law on Joint Stock Companies also allows only the director personally to act without a power of attorney (paragraph 3, paragraph 2, article 69 of Law No. 208-FZ).

Other persons to whom the duties of a manager have been transferred for the period of his annual leave, can act only on the basis of an issued power of attorney. This procedure applies, in particular, to representing the interests of the organization in the tax authorities (Letter of the Ministry of Finance of Russia dated September 25, 2012 N 03-02-07/1-227).

The requirements for the execution of a power of attorney are established in Art. Art. 185 - 186 Civil Code:
- power of attorney on behalf of legal entity signed by its manager with the obligatory seal attached;
- the power of attorney must indicate the date of its execution;
- the validity period of the power of attorney cannot be more than three years. If the validity period is not specified, then it is valid for a year from the date of commission.

Also, the power of attorney must clearly state the list of powers that are granted to the deputy director (sample 3). It is better to issue a power of attorney on the organization’s letterhead, where its main details are indicated. There is no need for a notarized power of attorney.

Sample 3

Power of attorney

Right of first signature

In order for the organization to continue to operate uninterruptedly during the absence of the director, make purchases and sales, so that employees are paid salaries and vacation pay on time, he must transfer to the deputy the right to dispose in cash organizations.

The transfer of the right to first sign payment documents is formalized by an appropriate order or power of attorney. If the bank card does not contain a sample signature of a temporary replacement employee, then it is necessary to issue a temporary card. This procedure is contained in Bank of Russia Instruction No. 28-I dated September 14, 2006 “On opening and closing bank accounts and deposit accounts.”

Who should be left as deputy?

We showed the procedure for temporary transfer of authority using the example of a full-time deputy general director. Let's consider the nuances of such a replacement, as well as other possible options.

Full-time deputy

In large and medium-sized organizations, as a rule, the director has full-time deputies.

Must replace. The obligation to replace the manager during his absence is prescribed both in the terms of the employment contract and in the job descriptions of the deputy, as in sample 4.

Sample 4

Job description of the deputy director (fragment)

Additional payment for replacing a director. Is it necessary to pay extra to an employee who is a full-time deputy for the time when he acts as a director? Previously, the deputy was not entitled to such additional payment. Explanation of the USSR State Labor Committee and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 N 30/39 “On the procedure for paying temporary substitutions” directly indicated that full-time deputies do not have the right to receive a difference in salaries. But subsequently, this particular norm was canceled by the Ruling of the Supreme Court of the Russian Federation dated March 11, 2003 N KAS03-25. Now, in the issue of assigning additional payment, it is necessary to rely on the requirements of Part 1 of Art. 151 of the Labor Code: “When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally.”

Amount of surcharge in in this case The legislation does not specifically indicate; it is established by agreement between the parties to the employment contract. In practice, the amount of payment is usually determined as the difference between the salaries of the director and his deputy. The corresponding entry is provided in the employment contract of a full-time deputy (sample 5).

Sample 5

Employment contract (fragment)

There is no full-time deputy

In small organizations there may not be a full-time deputy. In this case, responsibilities can be assigned to one of the heads of structural divisions.

Before issuing an order, it is necessary to conclude an additional agreement to the employment contract (sample 6). This document should establish the period during which the employee will perform the duties of a manager, as well as determine the amount of additional payment for additional work.

Sample 6

Additional agreement to the employment contract (fragment)

The law does not establish specific qualification requirements to the interim director. But in any case, the deputy’s qualifications must be high enough for him to competently manage the enterprise, even temporarily.

Note. Who is responsible during the director's vacation period?
The manager bears full financial responsibility for direct actual damage caused to the organization (Article 277 of the Labor Code of the Russian Federation). In addition, for losses caused to the company by his guilty actions or inaction, the director bears civil liability (Clause 2, Article 71 of Law No. 208-FZ and Clause 2, Article 44 of Law No. 14-FZ). Read more about this in the article “Financial responsibility of the head of the company” (“Salary”, 2012, No. 7).

If the director did not leave a deputy, then for all incidents that occurred during his absence, he himself will bear financial, administrative and criminal liability.

He must know tax, labor, civil legislation, industry standards, advertising laws, antitrust, and licensing rules. If there is no such employee in the organization, you can invite an outside employee to the position of director and accept him under a fixed-term employment contract.

When the director left no one in his place

If, when going on vacation, the director did not transfer his powers to another person, we can say that the work of the organization is suspended.

Non-cash payments and cash payments. To carry out any monetary transaction, the signature of the first person is required. payment document. If there is no director and no one has the right of first signature, it becomes impossible to make money transfers, receive cash for paying salaries, etc.

It seems unnecessary to warn about the inadmissibility of forging the director’s signature, about affixing a signature in advance on blank forms of payment orders, checks (white sheets).

Personnel actions. Since there is no one to sign orders for admission, dismissal, vacation, business trip, etc., personnel work turns out to be paralyzed. Your employee won't even be able to retire!

Contractual work with partners. Concluding deals and signing contracts will be impossible. May be at risk manufacturing process And financial well-being companies.

O.N.Rusakova
Labor Law Specialist

The head of the company, like any other employee, has the right to annual holidays, according to 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.

Dear readers! Our articles talk about standard methods solutions legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant on the right or call free consultation:

Legislative regulation

Otherwise constituent Assembly must select an acting officer and issue an order for his appointment. 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 there is a need to delegate some of the powers. This is done during vacations, 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. That's right enshrined in the legislation of the Russian Federation. Labor Code not only provides the right, but also gives clear information on how to use it.

12.03.2018, 15:05

How to write a leave application for the CEO? The head of the organization is going on vacation. Usually, going on another paid leave is accompanied by writing a corresponding application. But in this situation we're talking about not about an ordinary employee of an organization, but about its leader. To whom should the application for leave of the CEO of the LLC be addressed? You will find a sample of this document in the article.

We look at the vacation schedule

The head of the organization, like all other employees, has the right to annual paid leave (Article 274 of the Labor Code of the Russian Federation). The duration of vacation must be at least 28 calendar days.

The sequence of staff vacations is established by the vacation schedule. This document is approved by the head of the organization, taking into account the opinion trade union organization and is mandatory for both the employer and employees (Parts 1, 2 of Article 123 of the Labor Code of the Russian Federation).

In this regard, applications for leave, including the application for leave of the general director, do not need to be written to yourself. However labor Relations with the manager due to his status, in addition to labor legislation, are regulated constituent documents organizations.

The head of the organization may be absent from his workplace for one reason or another. Since the director is a key figure in the company, someone must perform his duties in his absence. To do this, an order is issued to the acting director.

In general, the responsibilities of the general director, which is quite logical, are assigned to his deputy. However, if the position of deputy director is not provided for on staff, then the duties of the manager can be delegated to any employee of the company.

As a result, the answer to the question about the application for leave of the general director (sample 2018, see below) depends on the provisions of the organization’s charter.

Let us clarify that vacation is granted specifically for the working year, which, in general, is an annual period starting from the moment of employment. Obviously, the length of service for the purposes of calculating vacation depends specifically on the employee’s working year, and not the calendar year. The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year when calculating the length of service that gives the right to leave.

The procedure is prescribed in the charter

So, the answer to the question of who signs the CEO’s leave application depends on the provisions of the organization’s charter. If the decision to grant leave is made by the general meeting of participants (shareholders) of the company, then the application will have to be completed. It is clear that it should be addressed to the chairman of the general meeting of participants (shareholders). An application for leave from the CEO of the sole founder is no exception.

In the document, the manager must indicate when and for how long he plans the vacation. This question discussed at general meeting founders (shareholders). Then, a decision is made. At the same time, a candidate is selected for a person who will replace the director during his absence.

Especially for our readers, our specialists have prepared a leave application for the CEO, relevant for 2018.

If the company’s charter does not regulate this issue, then the director makes the decision on the period of his vacation independently, without taking into account the opinion of the founders (shareholders).

Leave to the director may be granted by decision of the founders, or may be within the competence of the director himself. This issue is regulated by the company's charter. In each case, the procedure for registration is different.

Situation 1. The director's leave is granted by decision of the founders. The manager must notify the founders of the company of his desire to go on vacation. The founders at the general meeting make an appropriate decision, formalizing it in minutes. Next, to grant leave, you need to draw up an order in form No. T-6, which is signed by the authorized founder. This order formalizes the director's leave. The director signs the document as an employee.

Situation 2. Providing leave to the director is within his competence. In this case, the director going on vacation is authorized to sign all Required documents myself. That is, the director’s leave is formalized by an order granting it, which the director issues independently. In this situation, there is no need to write a vacation application.

In both situations, based on the order, fill out a calculation note on granting leave to the director (unified form No. T-60). And pay vacation pay no later than three calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).

Registration of transfer of powers during the director's vacation

During the vacation, the director must sign an order transferring his duties. This is not a personnel order, but an internal document for the organization, and it can be drawn up in free form. Based on such an order, the powers of the director during the vacation will be transferred to the appointed person.

The transfer of all or part of the powers of a manager can and should be carried out by additionally issuing a power of attorney to a certain person (letter of the Ministry of Finance of Russia dated September 25, 2012 No. 03-02-07/1-227). In the power of attorney, write down the list of powers granted to the authorized person. It is better to issue a power of attorney on the company’s letterhead, where its main details are indicated. As a general rule, there is no need to notarize a power of attorney (Article 185.1 of the Civil Code of the Russian Federation).

Let us note that the director bears full financial responsibility for direct actual damage caused to the organization (Article 277 of the Labor Code of the Russian Federation). In addition, for losses caused to the company by his guilty actions or inaction, the director bears civil liability (clause 2 of article 71 of the Federal Law of December 26, 1995 No. 208-FZ and clause 2 of article 44 of the Federal Law of 02/08/98 No. 14-FZ). Therefore, if the director does not leave a deputy during the vacation, then for all incidents that happened during his absence, he himself will bear financial, administrative and criminal liability.

What mandatory details should a power of attorney contain?

The requirements for the execution of a power of attorney are established in the articles and the Civil Code of the Russian Federation. So, it should indicate:

- date of issue;
— the person issuing the power of attorney (principal);
— the person to whom the power of attorney is issued (representative);
- powers of the representative. They should be listed clearly and completely. There is no need to use general language, such as “represent the interests of the company.”
- signature of the principal. It must be genuine, that is, hand-written.

The director is an employee of the organization, like everyone else. It is fully covered labor legislation even if he is the only participant. This in turn means that he, like other employees, has the right to annual paid leave (Article 114 of the Labor Code of the Russian Federation).

The manager's leave is processed according to generally accepted rules. In this case, the order for granting leave (form N T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/2004 N 1) is signed by the director himself. The procedure is the same as for all employees.

But if there are no particular difficulties in registering the director’s leave, then transferring the authority of the director to another person may raise questions.

Transfer of powers of the director

As a general rule, the manager is the legal representative of the organization. That is, it is he who has the right to represent her interests, including in court (clause 1 of article 27 of the Tax Code of the Russian Federation, part 2 of article 25.4 of the Code of Administrative Offenses of the Russian Federation, article 33 of the Labor Code of the Russian Federation, clause 1 of article 53 of the Civil Code of the Russian Federation, part. 4 art. 5.1 of the Law of July 24, 2009 N 212-FZ, part 1 of article 61 of the Arbitration Procedure Code of the Russian Federation, part 2 of article 48 of the Code of Civil Procedure of the Russian Federation). But when the director goes on vacation, work in the organization does not stop. Therefore, during his absence, another employee must perform the duties of a manager.

It is necessary to issue an order about this and indicate in it the powers that are transferred to the replacement employee, as well as the period for which they are transferred. Including assigning the duties of the director to the replacement employee for signing cash documents, personnel documents (orders, acts, time sheets), primary documents, invoices, etc.

In addition, in order for a replacement employee to represent the interests of the company before third parties, for example, tax and customs authorities, counterparties, etc., he must have a power of attorney (clauses 1, 3, article 29 of the Tax Code of the Russian Federation, clause 1 of Art. 182 Civil Code of the Russian Federation, part 7, 8, article 5.1 of the Law of July 24, 2009 N 212-FZ, part 4, 5 of article 61 of the Arbitration Procedure Code of the Russian Federation, part 2 of article 48, part 1, 3 of article 53 of the Civil Procedure Code. RF). It also needs to be completed, naturally, before the director goes on vacation.

Combination of positions during transfer of powers

Do not forget that during the period while the director is on vacation, his replacement employee will also have to perform his direct duties. And here there are some nuances.

When concluding an employment contract with the immediate deputy manager or an employee who will have to occupy a similar position, it often includes a clause stating that during the absence of the director from work (including in connection with annual paid leave), the employee must perform his duties. In such a situation, the employee does not need to formalize any combination of positions and also pay an additional payment (Letter of the Ministry of Health and Social Development of Russia dated March 12, 2012 N 22-2-897, Letter of Rostrud dated May 24, 2011 N 1412-6-1).

But if such a clause in the employment contract or job description there is no substitute employee, then an agreement must be concluded with him on combining positions during the director’s vacation, indicating the amount of additional payment for combining (Article 60.2, 151 of the Labor Code of the Russian Federation). An order on temporary combination of positions must also be issued, again indicating the amount of additional payment.