Rules for writing a leave application for the CEO + sample. Should you write to yourself?

How can a director go on vacation?

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.

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).

General Director - Owner

If the manager is the owner of the company, he independently decides when and where to rest.
In this case, he does not write any statements. The vacation schedule is drawn up as usual. If holiday dates change, changes to the schedule are made in accordance with the established procedure.

In this situation, the question may arise as to who signs the director’s leave order. Its first person signs for himself. When leaving for a planned vacation, an order is issued for the duration of the director’s vacation to assign the duties of a director to a competent and trusted employee.

What does a general director's leave order look like, sample

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.

General Director - employee

In this case, two options are possible.

Option 1

If the Charter states that the decision on the vacation of the first person of the organization is made at a general meeting of the company’s participants, the general director writes a statement addressed to the chairman of the meeting of owners of the organization.

At the meeting of owners, this application is considered and one of the decisions is made:

• approve;
• postpone;
• refuse.

The owners' decision is motivated by specific production reasons. There is a director in the schedule.

If the vacation is approved, an order is issued in free form. Who signs the order for the director’s leave is the chairman of the owners’ meeting.

In other cases, the leave of the first person is either simply postponed, or the person will have to write a new application.

If the request is approved, it is necessary to transfer his powers for some time to a person capable of managing the enterprise. The order for an acting director during vacation is signed by the chairman of the meeting of founders.

Option 2

If the Charter does not contain information on the procedure for providing annual paid days off to the boss, one should be guided by the norms of the Labor Code of the Russian Federation.

In this case, a vacation schedule is drawn up for all employees. It also takes into account the wishes of the boss.

There is no need to write an application. When the time comes, the manager himself signs an order for his vacation, drawn up on the unified form T-6.

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).

An order to leave a director with the assignment of duties is an internal local act of the company, the unified form of which is not established by law. Also, a power of attorney is issued to this person to represent the interests of the institution (Letter of the Ministry of Finance of the Russian Federation dated September 25, 2012 No. 03-02-07/1-227).

It may also be necessary to conclude an additional agreement to the employment contract and establish additional payment for combining positions.

The manager and his competence

In Article 273 of the Labor Code of the Russian Federation, the head of an organization is characterized as an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity ( organization) and local regulations manages this organization, including performing the functions of its sole executive body.
The manager is the sole executive body of the company (director, general director, president, etc.), who is elected by the general meeting of the company's participants for a period determined by its charter, unless the charter refers to the resolution of these issues within the competence of the board of directors (supervisory board) of the company. The sole executive body of the company may not be elected from among its participants.

The head of the institution (hereinafter referred to as the director) as an employee is subject to labor legislation, and as an executive body - to civil law. The effect of labor legislation, in particular Ch. 43 of the Labor Code of the Russian Federation , applies to the heads of all organizations, regardless of their organizational and legal forms and forms of ownership, except for those cases when:

• the head of the organization is the only participant (founder), member of the organization, owner of its property;
• The management of an organization is carried out under an agreement with another organization (management organization) or an individual entrepreneur (manager) ( Part 2 of Article 273 of the Labor Code of the Russian Federation ).

In addition, the activities of the director are regulated by the provisions of other laws and regulations applicable to the heads of a particular type of organization. The most common forms of commercial organizations are limited liability companies and joint stock companies. Accordingly, we can highlight federal laws dated 02/08/1998 No.  14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law ) and dated 12/26/1995 No.  208-FZ “On Joint-Stock Companies” .
Individual entrepreneurs in matters of labor activity are guided by the Labor Code.

In accordance with paragraph 4 of Art. 32 and art. 40 of the LLC Law, the competence of the director includes all current issues of managing the company’s activities, if, according to the law or the company’s charter, their decision is not within the competence of the general meeting of LLC participants, the board of directors (supervisory board) and the collegial executive body of the company. Director, in particular:

• acts on behalf of the company without a power of attorney, 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;
• issues orders on the appointment of company employees to positions, on their transfer and dismissal, applies incentive measures and imposes disciplinary sanctions;
• exercises other powers that are not within the competence of the general meeting of the company's participants, the board of directors (supervisory board) of the company and the collegial executive body of the company.

The procedure for the director's activities and decision-making is regulated by the company's charter, internal documents of the company, as well as an agreement concluded between the company and the director.

The CEO cannot be fired while he is on vacation

During the period when the head of the organization is on vacation or is temporarily incapacitated, the employment contract with him cannot be terminated under clause 2 of Art.
278 of the Labor Code of the Russian Federation (in connection with the adoption by an authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner of a decision on the early termination of an employment contract). Rationale: the dismissal of the head of an organization in connection with the adoption by an authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner of a decision on the early termination of an employment contract is essentially a dismissal at the initiative of the employer.

Article 3 of the code prohibits restricting anyone’s labor rights and freedoms depending on their official position.

Chapter 43 of the Labor Code, which regulates the peculiarities of the work of the head of an organization, does not contain rules that deprive him of the guarantee established by Part 3 of Art. 81 of the Labor Code of the Russian Federation, in the form of a general ban on the dismissal of an employee at the initiative of the employer during a period of temporary incapacity for work and while on vacation (except in the case of liquidation of an organization or termination of activities by an individual employer).

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2

“On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”

Editor's note:

This position was cited in the letter of Rostrud dated 09/05/2006 No. 1333-6.

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.

Who decides on the director's vacation?

The leave of absence of the director of an organization is regulated not only by the Labor Code of the Russian Federation, but also by the company’s constituent document - the Charter. And the answers to most questions related to the vacation of an executive should be sought in this document.

If the Charter does not contain instructions in this regard or the issue of leave falls within the competence of the director himself, the director himself issues an order to himself without submitting an application.

If the Charter specifies specific conditions for granting leave to the manager, they should be strictly observed. For example, if the constituent document states that in order to approve the CEO’s vacation, a decision of the general meeting of founders (board of directors, etc.) is required, such a meeting will have to be convened and the dates of the CEO’s vacation approved in the appropriate manner.

Is it necessary to include the director in the vacation schedule and other documents? Yes, since it is also subject to labor legislation (with the exception of transferring the management of the company to a person who is not an employee of the company).

What does the Labor Code of the Russian Federation say?

The Labor Code of the Russian Federation regulates that every working person, including the head of the company, has the right to count on paid vacation every year. And if an ordinary order, signed by the manager, is published in relation to the ordinary personnel of the enterprise in order to receive leave, then there are some peculiarities when the boss goes on leave.

Thus, in accordance with Article 274 of the Labor Code of the Russian Federation, the rights and obligations of the general director are regulated by the constituent documents of the enterprise. However, regardless of his status, leave for the head of the company is guaranteed by the Labor Code of the Russian Federation, subject to compliance with the paperwork procedure.

Thus, the Labor Code of the Russian Federation regulates that, regardless of the status of the general director, in order to receive leave, an order must be published. The procedure for issuing an order when the general director goes on vacation will be discussed below.

Order form

A unified form that can be used when publishing a vacation order is the T-6 form. However, since 2013, this form is not mandatory for use, and the enterprise is allowed to independently develop order forms. At the same time, an order for leave to the head of the company in 2022 can also be generated both on the T-6 form and on the form developed at the enterprise.

Such a form must necessarily display the following data:

1. Company name.
2. FULL NAME. boss
3. Timing and duration of rest.
4. Grounds for issuing the order.
5. FULL NAME. the person replacing him during the boss’s rest period.
6. Signature of an authorized person.

Samples and forms of orders depending on types of leave

According to the Resolution of the State Statistics Committee of the Russian Federation No. 1, which approves unified forms of primary accounting documentation, their use is recommended, but not mandatory, for organizations of all forms of ownership. Each company has the right to develop its own form. The main thing here is that the document contains the basic details inherent in personnel leave documentation:

• the full name of the enterprise is indicated as it is reflected in the constituent documents;
• the wording of the order must be precisely defined (in our case, on granting leave to the employee);
• details of the employee going on vacation are indicated (full name, personnel number, department where he is registered, his position);
• for which type of leave is an order issued (annual main or additional paid, without retaining a salary, educational or other);
• for what period of work the vacation period is formed;
• for what number of calendar days is vacation taken;
• start and end date of vacation;
• The document must contain the manager’s visa, as well as the employee’s signature confirming that he has read this order.

Note that 90% of all companies take the T-6 template as a basis when registering annual paid leave for their employees, according to the form of the All-Russian Classifier of Management Documentation (OKUD No. 0301005). And the order for the general director is no exception. You can download the template for this document to fill out in MS-Word or MS-Excel format for free.

An order of form T-6 is drawn up in the event of any employee of the company going on vacation

But sometimes a non-standard form of order is used. In this case, the form can immediately indicate who exactly will perform the functions of the general director during his absence and what additional payment for this will be determined for the acting director.

A sample of a non-standard (not in form) vacation order may contain any additional information

Few people know that there is another unified template for use when registering a vacation. This form under number T-6a (form according to OKUD 0301019) is filled out for several employees of the enterprise at once. If the director’s vacation according to the vacation schedule coincides with the vacation periods of other company employees, you can prepare, for example, one standard order for everyone at once for the entire month. Form T-6a is also available for download in two formats: MS-Word and MS-Excel. Please note that it can only be filled out if the director is a hired employee and is on the staff.

The T-6a form template allows you to enter information about the vacation of several employees

Video: how to place an order for annual leave

The types of vacations for the company's chief managers are, of course, not limited to the annual paid period of 28 days.

There are additional holidays for this category of workers, regulated by labor legislation, in particular, Article 116 of the Labor Code of the Russian Federation. It establishes that the management team’s working hours are considered irregular, and it follows that such employees are entitled to at least 3 additional days of vacation. Moreover, this period can be extended by internal local acts of the enterprise. Therefore, each CEO has the right to take additional days. In these cases, after the corresponding application, an order is drawn up indicating this particular type of leave. Moreover, this period can be either combined with the main vacation or taken separately.

The type of this document for the head of the company is no different from the order for any other employee. The wording is the same everywhere. As a rule, a document is prepared in the T-6 template (as the most convenient for maintaining personnel document flow).

Additional leave for the general director can be at least three days (according to the Labor Code of the Russian Federation), the upper threshold is limited by local regulations of the company

The manager also has the right to any other types of leave: educational, child care, maternity leave, etc. But company directors rarely take such leave, which logically follows from the nature of their activities and responsibility.

It is a special type of leave for management and leave without pay. There is one real-life situation where this type of leave is used by top management. When the head of a company runs for parliament, he has one option for this period - during the election race he is obliged to take a vacation at his own expense. In this case, a standard order is issued with the wording “leave without pay.”

The order for leave without saving a salary is the same for everyone: both for economists and for general directors, the only difference is in the name and position

Parting words

Based on the above, we wish our colleagues to show more independence in their workplace. Many people complain that their managers do not value them and say that they are just “pawns” in their organization. Don’t be lazy to take on more responsibility and don’t consider it superfluous to discuss the area of ​​your responsibilities in advance. By skillfully combining these two key nuances, you have every chance of “growing” in the eyes of the director, which in the future will bring you, at a minimum, recognition, and at a maximum, an increase in income in the organization where you work. Either way, it's worth doing.

Thank you for your attention, dear colleagues! We wish you success and good luck!

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:

1. The constituent meeting is responsible for granting leave to the head of the company ;
2. The director, as the sole founder, independently sets his own vacation period;
3. 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.

The CEO can work while on vacation if he wants

As a rule, if a CEO goes on vacation, it is to relax, not to work.
Therefore, he temporarily delegates authority to his deputy or another employee. At the same time, situations are possible when the manager wants to work while on vacation. Let's say he will have time to do work, but he doesn't want to trust the company to anyone else, even for a couple of weeks.

Then the question arises: does the CEO have the right to work on vacation? Will he have the right to remotely give instructions to his subordinates, and will the documents signed by him during his annual leave have legal force?

The Labor Code states that annual leave is one of the types of rest time during which the employee is free from performing work duties and which he can use at his own discretion (Articles 106, 107, 114).

It would seem that the performance of labor duties is excluded by this norm, but this is not so.

The term "free" means freed. Freed from what? Obviously, since it is impossible to be exempt from rights, they are usually deprived of duties, but this is not the case.

This means that any employee, including the general director, is not obliged to work on vacation and the owners of the company cannot force him to do so.

Further in this norm it is written that the employee can use vacation time at his own discretion. Can you extend your discretion to work?

Why not? After all, this norm does not contain a ban on working on vacation. But he could. For example, weekends and non-working holidays are also a type of rest, but in relation to them the code directly states that working on these days is prohibited. An employee can be engaged to work during this time only with his written consent and only if it is necessary to perform unforeseen work (Article 113).

Conclusion: the CEO can work while on vacation.

Another argument in favor of this: working during a period of release from service for a certain period of rest is the same as working during a lunch break.
It is also a type of recreation; in relation to it, the code also does not contain a prohibition to work (Article 108). It is hardly possible to imagine that someone would demand that a document signed by the director during lunch be declared void. Nonsense. The situation is similar with vacations. Argument three: this conclusion is confirmed by the courts. In their opinion, the current legislation does not provide for a ban on an employee performing his official duties while he is on regular leave (Resolution of the Federal Antimonopoly Service of the Moscow District dated May 24, 2010 No. KA-A41/5089-10, Determination of the St. Petersburg City Court dated May 2. 2012 No. 33-6076/2012, Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated January 14, 2015 No. 33-4778/2014).

Moreover, the judges believe that while on vacation, the powers of the general director are retained even if an acting officer is appointed. Therefore, the signing of a transaction by the manager during this period is not grounds for declaring it invalid (resolutions of the Arbitration Courts of the Moscow District dated October 4, 2017 No. F05-12743/2017, Volga District dated January 14, 2010 No. A12-6003/2009, North Caucasus District dated January 12 .2010 No. A32-408/2009).

Summary: the fact that the head of the company is on vacation does not deprive him of the rights and powers to act on behalf of the company, to represent its interests in all matters determined by law. Any documents signed on behalf of the company by the director have full legal force.

But if he still wants to delegate his powers...