Does the director of the LLC need to write a vacation application. We arrange a vacation for the CEO

The director of the organization usually signs vacation orders for employees. But what to do if the manager himself goes on vacation. Who lets him go, to whom does he write a statement? Let's analyze this situation

Does the director have to write a vacation letter?

Whether or not to write a statement to a manager depends on how it is described in the charter.

Option 1. The charter states that the decision to leave the general director is decided at the general meeting of the participants (shareholders) of the company. In this case, the head is obliged to write a letter of leave, and writes to the name of the chairman of the general meeting or the meeting as a whole.

Meeting participants - shareholders of the company also often decide who will replace the director during vacation. The decision must be drawn up in the form of a protocol, which is signed by all participants in the meeting. Sample minutes of the meeting of shareholders on the issue of granting leave to the CEO.

If this method is not specified in the charter or other documents, then we go according to the second option.

Option 2. The director himself plans his vacation. Leader's vacation should be in the vacation schedule, like other employees

You do not need to write a statement to the head, but you must sign a notice of your vacation at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)

After that, an order is drawn up to grant leave (form No. T-6). If the decision is made by the meeting, then this document must be signed by the chairman of the meeting. If the second method was used, the order is signed by the head. In both cases, he must also sign the agreement.

Who signs the director's vacation order?

In the form No. T-6 and No. T-6a, the signature of the first person of the organization is provided.

About the appointment of a deputy

Before going on vacation, the head can appoint an acting head of the organization

Before the general director leaves on vacation, the question of who will act as a manager at this time is being decided. If there is a deputy, then everything is simple. For him, this function is often directly spelled out in the contract. If there is no deputy, then a reliable employee is selected and an order is drawn up to assign duties. The text is something like this: “I order to impose the duties of the General Director (full name) for a period of (indicate the period). To establish for this period an additional payment (position and name of the deputy) for the temporary performance of the duties of the head of the organization in the amount (amount in figures) ", see sample

Can a director be recalled from vacation?

Separately for the head, the issue of recall from vacation is not regulated by law. Therefore, we use general norms labor legislation (Article 125 of the Labor Code of the Russian Federation).

Who makes the decision to revoke

This decision can be made both by the general meeting and by the head of the organization himself. In the first case, a protocol is drawn up. And, like other employees, the director must also give his written consent (Article 125 of the Labor Code of the Russian Federation).

The decision to recall the director from vacation can be made at a meeting of the general meeting and formalized in a protocol and an order issued on its basis. Remember that, like any other employee, the director must give your written consent get out of vacation early (Article 125 of the Labor Code of the Russian Federation).

In the second option, the director, on his own initiative, interrupts the vacation. This is documented by an order on early withdrawal from vacation, see sample

Any employee of the company has every right to rest, because in his rights he is no different from an ordinary person. Also, this point is spelled out in the Labor Code, so any company owner must follow it.

Everyone knows how to write an application so that it is correctly drawn up, but the CEO's vacation is a completely different question, the answer to which may not be spelled out in the TC. The situation becomes especially difficult if the CEO is the founder of the company.

According to the charter

The first document where the entire path of obtaining leave for the general director can be accurately spelled out is the main charter of the company. As a rule, a condition is written down under which the director can gather all the founders who decide the question posed.

Algorithm of actions:

the director must draw up and write a statement addressed to the chairman of the meeting of founders;
after that, the meeting makes a decision;
according to the decision, an order is issued;
while on vacation, the meeting appoints another person as director.

Such an order will have to be signed by the director himself, which indicates the name of the one who will take the temporary place of the vacationer, as well as the duration of the vacation. After the director returns from vacation, the employee of the personnel department will have to enter all the information in.

Do I need to write a vacation application to the CEO

The director will have to write a vacation application like any other employee. The form must have filled-in fields for the time of absence, the name of the originator. The document is sent to shareholders, who will have to consider the application.

But there is also a way in which the procedure does not require an application. In this case, the document will not be sent to the shareholders, which means that it will be possible to go on vacation as soon as possible. All that is necessary with this option is to draw up an order that will temporarily appoint an acting director.

In fact, most directors do not even need to take a vacation, since the company's charter simply does not specify how the entire operation should proceed. If the director takes advantage of this opportunity, then he writes down his vacation period in advance.

What the director should prepare if he wants to go on vacation:

Labor agreement for setting deadlines.
Order in the prescribed form. But only if he himself has the authority to sign a vacation order for himself. Since this document is a simple formality, even the chairman of the general meeting can sign and draw up an order.

The director can transfer his place during the vacation to the following persons:

Deputy Director.
An employee who carries out instructions from the director.
Head of the structural unit.
An employee specially hired to fulfill temporary obligations. Such people are hired with a "fixed-term" contract.

The law itself does not prescribe in any way what experience or level of qualification a person should have, who can be appointed as a temporary executor of duties.

Drafting and sample order

The procedure for issuing a vacation order for the HR department will be drawn up in completely different ways, depending on who is lobbying for the granting of vacation to the director.

If the decision is placed entirely on the shoulders of society, then the order must be signed by a person chosen by society for this action. All powers of such representatives of the company are spelled out in the minutes of the general meeting. Then it is necessary to draw up a document of the T-6 form.

But this document will be slightly changed according to the rules that are spelled out in Resolution No. 20. In this case, the column "Authorized person of the company" will be changed. That is, the name of the person who was chosen by the society to sign the document will be written here.

In the event that the head is responsible for the preparation and agreement of the vacation, the vacation application will be written in the T-6 form and must be signed by the director himself.

The order must contain:

requisites;
room;
name, surname, first name;
position;
structural subdivision;
working year;
the duration of the vacation, calculated in calendar days.

Delegation of authority

There are companies that prescribe in their charter that several persons can represent the name of the company at once. In this case, it makes no sense to transfer powers to someone, otherwise it is necessary to appoint someone who will replace the director in his place as the head.

In order to appoint a certain person as a temporary director, an order is written indicating the powers that the employee receives, as well as the term of work. In addition, in order for the company to reinsure itself, the company draws up a power of attorney, which allows a person to act on behalf of the LLC.

If the selected employee does not have a clause in his employment contract that allows him to perform the duties of a director in his absence, then an additional document has to be drawn up. The new contract will have to allow a person not only to work in his position, but at the same time to be an interim director.

By by and large, transfer of authority and others important steps the company calculates in advance, as the departure of the CEO will come true sooner or later.

That is why many people try to show themselves with better side to get a temporary position and try to fulfill all obligations perfectly. In some cases, the council of the community notices talent, zeal and desire to develop, thereby giving way to improvement.

If the only founder of the LLC

If the director is the sole founder of the LLC, then the whole algorithm becomes much simpler. Firstly, in order to draw up and sign the paper, no other persons are needed, the director writes himself a vacation, confirming with a signature. After that, an order is issued indicating the person who will temporarily perform his position.

As a rule, many people work according to this scheme, since they are directors of small companies that simply do not need additional founders. This method of sending on vacation is especially common in small towns, since it is in such an area that small and medium-sized businesses are most developed.

Vacation recall

There are situations when the director must be recalled from vacation. This opportunity spelled out in the labor code in article 125, according to which early return can only be possible with the consent of the director himself.

Vacation recall can be issued different ways, depending on the charter of the enterprise or according to the conditions prescribed in the TC.

Algorithm for recalling a director from vacation:

Another founder or the whole assembly has the right to decide that the director should return to his work activities in the company. But for this document to be valid, the council must indicate an objective reason for the return, for example, a solution to a problem requiring its immediate presence.
After a decision is made to return with a reason, an order is drawn up to revoke the founder.
When the document is ready, it is sent to the founder for signature.

In a situation where the director is the founder or acts in accordance with the Labor Code, the algorithm is seriously reduced, only an order for early return from vacation is sufficient.

CEO vacation order form:

Calculation of benefits

Since the CEO is the same employee of the company as the rest of the employees, the payments are calculated according to the standard principle. The calculation is taken twelve months before the vacation, provided that you have been working in the organization for more than one year. If the director has been in office for less than a year, then the actual time worked in the company is taken into account.

Vacation pay is calculated using this formula:

SUM = ЗПср.d. x N

To determine what salary the director receives for one day of his work, use the formula:

ZPSr. = ZPyear. / 12 months / 29.3

ZPgod is the salary for the year.

Vacation pay is calculated not only on the basis of the average wage, it also includes official salaries, allowances, bonuses and any other options for increasing the official income for the position of director.

If the employee has not worked for the full period, then the daily salary will decrease, therefore, the steps for calculating the average pay will also change.

To begin with, the accountant will determine how many days the director worked:

D_1 = Nmonth. x 29.3

After that, you need to understand how many days have been missed:

D_2 = 29.3 / Dn.o. x D p.o

Now that the two variables are known, the total number of days can be determined:

The last stage is the calculation of the average wage:

ZPSr. = (ZPinit.) / (Dtot.)

This whole formula consists of variables:

For clarity, it is necessary to give an example.

The General Director of LLC "Dolphin" II Nikolaev decided to take a vacation from 15.06. until 15.07. It is known that the size of his salary for the past twelve months is 1,000,000 rubles.

Then, following the formula, we get the following calculations:

ZPSr. = 1,000,000 / 12 months / 29.3 = 2844.1 rubles, SUM = 2844.1 x 28 days = 79634.8 rubles.

Vacation pay will be equal to 79634.8 rubles.

He has to sign. This document can be drafted by the chief of staff or another responsible person.

Before the general director leaves, it is necessary to select and approve by order his replacement. If he has a deputy, then there are no special problems here. In the first case, one chooses responsible person, is appointed, and also wages are raised. All this must be written in the order. A sample order is as follows: “I order the General Director (full name) for a period of (indicate the period). To establish for this period an additional payment (position and full name of the deputy) for the temporary performance of the duties of the head of the organization in the amount of (amount in figures). "

note

CEO goes on vacation. Use the search on the forum! The head of the organization decides the main personnel issues, including signing orders for the provision of vacations to employees. But what if the CEO himself is going to take a break? In whose name is he writing the application, and who is authorized to "let" him go on vacation?

Useful advice

CEO leaves for maternity leave... Please tell me what to do. If the term of office of your director is not over, it seems to me that the order on the appointment of an interim director is enough. for the head of all financial documents, as well as accounting and tax reporting. "

Sources:

director goes on vacation

The CEO, like any other employee, must be on the schedule vacation ov. When leaving for the proper rest, it is advisable to appoint a deputy. It is good if there is a person in the organization to replace him, but if not?

In this case, by order of the General director a responsible person is appointed. Remember that the choice of such a person must be approached responsibly, because when leaving for vacation, you trust your business to the person.

If the decision about vacation If the meeting is accepted, then the deputy is chosen by the participants. All this is documented in a protocol (decision), where everyone puts their signatures.

It is impossible to avoid and drawing up an order (instruction) for the provision of vacation a (form No. T-6). The order can sign the meeting. In another case, no matter how absurd it may sound, the head himself must sign, and put the second signature in the line "".

All documents are transferred to personnel workers, and then to the accounting department, where the accruals are. Like any other employee, vacation payments to CEO must be issued three days before leaving for the prescribed rest.

Sources:

CEO leave order

An appeal to the head on issues requiring an official decision must be made in accordance with the rules in writing. And every working citizen of our country was faced with the need to draw up such a document, since it is statement is the basis for many decisions. This could be hiring, transferring, firing, or providing next vacation.

You will need

- A sheet of A4 paper;
- pen.

Instructions

In the legislative acts of the Russian Federation there is no regulated form for the name of the director of the enterprise, but there are generally accepted norms and rules for processing business papers. There is only one valid for this document. required condition- it must be written with your own hand. So have an A4 sheet of paper and a pen ready, and the printed text of the standard statements will serve as a reference for you. You can see some templates by following the link at the end of the article. Stick to writing a statement business style communication, be as short and specific as possible, avoiding unnecessary details and circumstances.

Start processing your appeal by filling in the requisites. They should be located in the upper right corner of the sheet. Enter here the position, surname, name and patronymic of the manager in the "to whom" format. Immediately below it, write your position, the name of the structural unit of the enterprise in which you work, your full name in the "from whom" format.

In the center of the sheet, write the name of the document "Application" and below it, briefly the essence of the appeal. Next, state your request and indicate dates if necessary. Sign the document and decipher the signature in parentheses with your last name and initials.

Useful advice

Do not forget to register your application with the secretary. This will allow you to confirm the fact of your written appeal, in case the document is suddenly lost and you need proof of your appeal to the manager. For example, upon dismissal by on their own... Here, in accordance with article 80 of the Labor Code, the countdown (two weeks) allotted by law to warn the employer starts from the next day after the employee's application is received. After this period, the employee has the right to stop work and demand the issuance of work book with a note of dismissal and full settlement.

Sources:

Sample application for employment in 2019

Surcharge to the main wages can be issued in connection with the combination of two positions or with an increase in the volume of work performed. According to the directions of labor law, any additional payment must be documented.

You will need

- additional agreement;
- order.

Instructions

Your company's internal regulations must contain detailed instructions on the tariff increase in wages associated with the combination of positions or an increase in the volume of work performed. The supplement can be specified as a fixed amount or as a percentage of the salary or hourly wage rate, depending on the form of remuneration at your company.

You can assign an additional amount of work or combine professions only by mutual agreement with the working employee. Document the agreement in the form supplementary agreement to the current employment contract... The bilateral signing of the agreement means that the employee agrees to perform an additional amount of work or combine professions for an additional payment. Specify the amount of the surcharge as a separate item in the executed and signed document.

Issue an order based on the newly created supplementary agreement. Give in it a link to the regulations, to the agreement drawn up, indicate the amount of the additional payment, the time frame for completing an additional amount of work or combining professions.

Familiarize the employee with the order against receipt. Submit a written notice to the accounting department about the accrual of additional payments to the basic salary or hourly tariff rate... Based on the notification, the employee will be charged in accordance with the new wage conditions.

You can entrust an additional amount of work or a combination of professions for 1 month, during which you must find an applicant for vacant vacancies.

Make tax deductions from the entire amount of your earnings. Deductions do not need to be made from social benefits, with material assistance and lump sum payments. Accruals for social benefits should be carried out taking into account all the amounts of the employee's earnings, which include formalized.

Tip 6: How to take a vacation for the CEO of an enterprise

Like any ordinary employee of the organization, the general director of the enterprise is entitled to an annual basic paid leave. Its design has a number of peculiarities, because the head of the company is responsible for the entire company. An acting person should be appointed in his place.

You will need

- documents of the enterprise;
- forms of the relevant documents;
- director's documents;
- pen;
- seal of the organization;
- Labor Code RF.

Instructions

The decision to grant leave to ordinary employees of the organization is made by the director of the enterprise. If he himself needs to go on vacation, the right to make this decision must be spelled out in the constituent documents of the company. If this is not enshrined in the charter of the enterprise, the general director must write a statement addressed to the chairman of the constituent assembly about the possibility of granting him leave if there are several participants in the company, or to the name of the sole founder, if the enterprise has one participant. The head of the organization must submit this vacation application to the chairman of the board of founders or the sole participant no later than one month before the expected vacation date.

When in bylaws or otherwise constituent document the organization states that the director himself has the right to decide on the granting of vacation, then his vacation should be included in the vacation schedule in parallel with other employees. Two weeks before the actual date, a notice must be served, which he must sign, thereby agreeing on the start date of the vacation.

The director should draw up an order according to the unified form T-6. The subject of the document corresponds to the granting of leave for the employee. Give the order a number and date of issue. In the administrative part of the document, enter the last name, first name, patronymic of the head of the enterprise, the name of his position, structural unit. Indicate the start and end date of the vacation, write the number of calendar days of the vacation provided. The right to sign is the director of the enterprise, if he himself made this decision, the chairman of the board of founders, if the issue of his leave was considered at the meeting of participants.

In parallel with the order for granting leave, it is necessary to draw up an order on the appointment of an acting general director during his absence. Such a person may be the head of one of the structural divisions, if in staffing table there is no provision for the position of deputy director.