Business lawyer > Accounting > Primary documents > How to draw up an order for the general director’s leave, sample document
The head of a business is a representative of the interests of the company and an employee in one person. Workers and the boss have equal rights, but with a small reservation. Chapter 43 of the Labor Code contains provisions on how to formalize labor relations with the manager.
Although the manager bears the entire burden of responsibility, he has the right to rest from business for twenty-eight calendar days (Article 115 of the Labor Code). Labor legislation does not provide additional benefits. But this does not mean that they cannot exist. It all depends on what is written in the Charter and local regulations of the company. They can clarify what additional benefits the manager has. For example, provide for the right to additional rest and financial incentives.
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.
https://youtu.be/sR0HCyX2vWA
General director's leave order: subtleties of drafting
There are standardized forms that the HR department can use. It is advisable to use a document in form T-6. But it is possible to establish a different order. The HR department can develop its own document forms. Once they are approved by the CEO, you can safely use them in your work.
8 main order details:
- company name (for example, Eurotransexpedition LLC)
- date of compilation and number
- last name, first name and patronymic of the employee
- Personnel Number
- period of working activity for which rest was granted
- number of rest days
- type of vacation
- for what year was it provided?
When the order is drawn up, a dilemma arises as to who should sign. After all, such orders are usually signed by the manager. In this case, the boss himself can sign. The Labor Code of the Russian Federation will not be violated. The general director signs the order in relation to himself, since he represents the interests of the company.
Useful lifehack! A different order may be envisaged. For example, at a general meeting of shareholders of a company, select a person who will sign an order for the director to go on vacation. The procedure for signing must be determined by the Charter. If there are no such provisions in the Charter, then it is the boss who must sign the order.
The manager must leave his signature in two places:
- line – head of the company
- column - I have read the order
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.
Assigning responsibilities to another employee
While the boss is resting, someone else will work for him. If this is a deputy manager, then his responsibilities are already fixed in the employment contract and job description. All that remains to be done is to draw up an order that the deputy will manage the company during the manager’s vacation.
But the director does not always have an assistant. In this case, the responsibilities for temporary management of the company must be assigned to a trustee. A verbal agreement is not enough. An additional agreement to the employment contract should be drawn up, which should indicate the following points:
Deputy Head
- scope of work and its content
- surcharge amount
- deadline for fulfilling duties
After the agreement is signed, an order is issued. There is no strict form of the document, but the following points need to be highlighted:
- date and number of compilation
- company name
- last name, first name, patronymic and position of the specialist
- job title
- Personnel Number
- deadline for fulfilling duties
- surcharge amount
In practice, a person is often asked to work for another employee who is temporarily absent, for example, sick. A person “plows” for two people, and receives wages only for himself. But according to the law, this is absolutely forbidden. It is imperative to prepare documents for performing duties and make additional payments (Article 60.2 of the Labor Code).
If an employee will work for a boss, it is not enough to simply issue an order. You also need to make a power of attorney for the person who will temporarily manage the business. The power of attorney must indicate the duration of the duties. The manager signs the power of attorney before leaving for vacation.
A power of attorney is needed to confirm authority:
- to make deals
- sign agreements with counterparties
- make management decisions
- sign internal documents
Power of attorney
This document is drawn up when the director needs to assign part 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.
https://youtu.be/jn1P8tvlAUo
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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Is it possible to recall a manager during a vacation?
There are problems that the deputy and other employees occupying top positions cannot solve. Then you have to call the director and ask to return to work. But one call will not be enough. According to the law, there is a procedure for recalling a director during vacation:
- Hold a meeting of the Board of Directors.
- Based on its results, draw up a protocol and issue an order to recall the general director from leave. This document is signed by the person who temporarily manages the company.
- Obtain consent from your manager to return from vacation. Calling on the phone and asking whether the manager agrees to come to work is not enough. Written consent is required.
If the boss refuses to interrupt his vacation, then it will not be possible to issue a review. The boss himself may decide to go to work early. In this case, an order for early exit is issued. This document indicates the last name, first name and patronymic of the employee, his position, reason and date of return to work. Based on this order, the HR employee makes notes in the vacation column and personal card.
So, when the director goes on vacation, documents need to be drawn up in the same way as for other employees. But there are several differences: the director himself can sign the order; a power of attorney must be drawn up to assign responsibilities to another employee. This document specifies the authority and states the validity period. If problems arise at the company that require immediate solutions, the boss’s vacation can be interrupted. But for this you need to get his consent.
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Director - employee
If the head of the enterprise is listed in the staffing table as a hired employee, and the owners of the company are other people, the scheme for forming an order for the general director’s leave will be different. In such a situation, there are two schemes for developing the situation. But what is common is the fact that the decision on vacation is made by the founders of the organization.
When the company's Charter stipulates the procedure for granting the next vacation to the manager, employees will adhere to it.
If the Charter states that the decision to grant the next leave to the general director is made by the constituent meeting, it must be convened first. To do this, the manager submits an application for leave addressed to the Chairman of the Management Board. Next, a convening date is set, and the participants make a positive or negative decision. Under its terms, the period for granting leave may be shifted.
If the decision is positive, a vacation order is generated. It must be signed either by the Chairman of the Management Board or the owner of the company. The order to delegate the powers of a manager during vacation is also endorsed by the Chairman of the constituent assembly.
When the Charter does not specify the procedure for granting leave to the general director, he makes the decision independently. In this case, he needs to rely on the norms of the Labor Code of the Russian Federation on the provision of paid leave to hired employees. This means that, like all other employees, managers are included in the vacation schedule.
In this case, the manager is not required to draw up an application requesting leave. The whole procedure is carried out according to the general scheme:
- The general director signs an order granting him the next paid leave and an order transferring powers during his absence.
- A temporary power of attorney is issued in the name of the deputy.
Sometimes management has difficulty choosing a person who can perform the duties of general director. From a legal point of view, there are no restrictions here. The only important thing is that it must be an employee of the company. In this case, neither the position he holds, nor the presence of specialized education, nor the assigned qualifications matter. The final decision on this issue is made by the head of the company.
As practice shows, if there is an official deputy on staff, the powers are simply transferred to him. This solution has a number of advantages: if the employment contract with the deputy states that during the absence of the manager he must perform his duties, there is no need to draw up a separate order.
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.
