Sample application for leave of the general director

To whom does the director write a leave application?

A sample application can be downloaded from our website.
If the decision on vacation is made by a collegial executive body (for example, the general meeting of an LLC), the director writes a statement/notification of his desire to go on vacation, after which a decision on this issue is made at a meeting of the organization’s participants. After the decision is made, the order is signed by the chairman, members of the organization or other persons specified in the charter. The director must be familiar with the document.

In case of refusal to sign, a corresponding act is drawn up. A sample order can be approved by a local act of the enterprise, although it is also possible to use the unified form T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. If the director has received the authority to independently resolve issues about his rest time, it is not necessary to write an application. It is enough to do the following:

Is it necessary and in whose name to write an application for the director’s leave? We find answers to questions in the Labor Code of the Russian Federation

In this case, the decision made is recorded in a special protocol, which must be signed by all persons present at the meeting. Otherwise, the document is considered invalid.

Option 2: Vacation planning is carried out by the director independently - the company has an appropriate schedule.

In this case, the manager should not write a statement, which follows from. This is due to the fact that if there is a schedule by law, the employer does not require such a form from the employee, but, on the contrary, sends him a notice of the upcoming rest period 2 weeks in advance. The same rule applies to the issue of leave for the director.

The final stage of registration of the vacation period is publication.

To compile it, you must use the unified form T-6.

Please note: the manager can also exercise the right with subsequent dismissal, then the application is written according to.

Previously, it was stated that the presence or absence of the need to write an application for leave is determined in accordance with the data specified in the charter.

Useful video

Should the general director write an application, for whom should it be drawn up, should it be written for himself, if the director is the founder in the singular - the answers can be found in this video:

The director is the same employee of the company as other persons; he is also subject to the Labor Code of the Russian Federation, including with regard to the provision of regular paid leave. The manager may not write a statement if his vacation is recorded in the T-7 schedule.

If the vacation schedule does not provide for it, then you must write an application. The sole founder of the LLC draws up an appeal to himself and signs it independently. The general director, appointed by the general meeting of founders, writes a request addressed to the chairman. In such a situation, all participants in the meeting at which the decision was made to rest the manager sign the document.

To whom does the general director write a vacation application in the singular?

Do not forget to include the actually used vacation of the general director in the schedule and the T-2 card.

Similar articles © 2020 HR records management in business.

All rights reserved. We use cookies to give you the best experience on our website. Personnel documents for the CEO's vacation The order of employees' vacation is determined by the schedule, which is drawn up for the next year 2 weeks before its start.

The document is binding on both the employee and the employer. Download a sample vacation schedule here. The employee is notified of the start date of the vacation 2 weeks in advance (Art.

123 Labor Code of the Russian Federation). The person authorized to sign such a notice has not been identified by the TC. Accordingly, it will not be considered an error if such a document intended for the general director is signed by the head of the personnel department or another person authorized to draw up vacation papers.

The charter of the LLC does not contain provisions regulating the issue of granting leave to the general director.

Any employee, including the director of the company, goes on annual vacation based on the relevant order. In whose name should he write an application for leave without pay?

By virtue of clause

1 tbsp. 40 of the Law on LLC, an employment contract between a company and its director is signed on behalf of the company by the person who chaired the general meeting of the company’s participants, at which the person performing the functions of the sole executive body of the company was elected, or by a company participant authorized by the decision of the general meeting of the company’s participants, or, if the resolution of these issues falls within the competence of the board of directors (supervisory board) of the company, the chairman of the board of directors (supervisory board) of the company or a person authorized by a decision of the board of directors (supervisory board) of the company. Consequently, the rights and obligations of the employer in labor relations between the company and its director are exercised by the specified management bodies of the company - the general meeting of participants or the board of directors.

At the same time, the LLC Law does not establish a strict dependence

Form and content of the document

There is no single application form for the dismissal of a general director approved at the federal level. Therefore, a free form of writing is used. It is important to include all the necessary information in such a document.

An application for resignation of the general director at his own request must contain the following information:

• information about the sender and addressee;
• Company name;
• Title of the document;
• reason for leaving position;
• date of dismissal;
• reference to labor legislation;
• date of application;
• signature.

It is recommended to adhere to the following document structure:

1. a cap . It is indicated to whom and from whom the application is being written. This part is positioned in the upper right corner of the sheet;
2. title of the document . It is written in the center of the line with a capital letter. There is no period at the end;
3. main part. Information is provided on early termination of an employment contract on personal initiative. A link is given to Article No. 280 of the Labor Code of Russia;
4. conclusion . The date the document was compiled is noted. Opposite it is the surname and initials of the applicant and his signature.

Sample application for leave of the general director

In what cases is one or the other option used?

At least two weeks before the vacation, the personnel officer must notify the director about the start of the vacation. There is no typo here, it is the personnel officer who warns! For other employees, the notice of the start of vacations is endorsed by the director or the personnel officer by proxy. If the director is the sole founder or the constituent documents of the enterprise indicate that the issue of providing him with rest time is decided by him himself, then the director’s application for leave to himself is written.

A sample application can be downloaded from our website. If the decision on vacation is made by a collegial executive body (for example, the general meeting of an LLC), the director writes a statement/notification of his desire to go on vacation, after which a decision on this issue is made at a meeting of the organization’s participants. After the decision is made, the order is signed by the chairman, members of the organization or other persons specified in the charter.

The director must be familiar with the document. In case of refusal to sign, a corresponding act is drawn up.

A sample order can be approved by a local act of the enterprise, although it is allowed

Director's leave

Important: There is no legislation or regulations obliging a manager going on vacation to assign his responsibilities to another person. Accordingly, the director of the company, while on vacation, has the right to sign documents on behalf of the company within his competence and exercise other powers vested in him by law and the constituent documents of the company.

This is confirmed by judicial practice (decrees of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 9, 1999 N 6164/98, FAS Moscow District dated May 24, 2010 N KA-A41/5089-10, FAS Volga District dated January 14, 2010

N A12-6003/2009 and dated July 25, 2006 N A12-2457/06-C63, FAS of the North Caucasus District dated January 12, 2010 N A32-408/2009 and dated August 20, 2007 N F08-4564 /2007-1978A, Federal Antimonopoly Service of the Ural District dated December 15, 2009 N F09-10070/09-C5). Vacations without pay are divided into those that the employer (organization or individual entrepreneur) is obliged to provide to the employee at his request and those that are provided by mutual agreement of the parties (Article 128 of the Labor Code of the Russian Federation). For example, disabled workers and pensioners have the right to annual leave at their own expense.

Also, employees may request leave without pay in cases of the birth of a child, registration of marriage, or death of close relatives (Article 128 of the Labor Code of the Russian Federation). In general, when the need for vacation arises, the employee writes a corresponding application.

However, it is not clear whether the director himself needs to apply for leave without pay. Vacation at your own expense (vacation without pay) is a temporary period when an employee is absent from work without paying him vacation pay, but with preservation of his job.

Question: How to correctly arrange an indefinite unpaid leave for the general director? Answer: Unpaid leave cannot be indefinite. Let me explain. In accordance with Part 1 of Art. 128 of the Labor Code of the Russian Federation, for family circumstances and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. Thus, leave without pay is granted only for a certain period, in in connection with which the employee in the application for leave must indicate a specific end date for the leave, which the organization must reflect in the order. If the general director is the only founder, he has the right to decide on his vacation independently by issuing an appropriate order. And the general director is no exception - his leave is also issued in accordance with the general procedure. All about the Vacation Application: when it is necessary to draw up a document, you will find out if you read the material at the link.

As for the signature of this order, he himself signs the order, and, in addition, puts his signature in the information line (on the one hand as an employee, on the other as an employer). It should also be noted that during the general director’s vacation, it is necessary to formalize the temporary performance of his duties.

Application from the director to the founder for leave at his own expense Such rules are established in paragraph 1 of Article 186 of the Civil Code of the Russian Federation. The principal may revoke the power of attorney at any time.

And the employee to whom it was issued has the right to refuse it at any time. Cases when a power of attorney is terminated are given in Article 188 of the Civil Code of the Russian Federation.

The question came from a company that has temporarily suspended its activities: The organization has only a director, but there is no activity temporarily; is it possible for the director to go on indefinite leave at his own expense? How to apply? General rules The norms of the Labor Code of the Russian Federation apply to the relationship between the organization and the executive body, taking into account the features provided for in Chapter 43 of the Labor Code of the Russian Federation. There are no restrictions regarding the provision of unpaid leave to the director by the Labor Code of the Russian Federation or the Federal Law dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as Law No. 14-FZ).

For family reasons and other valid reasons, the employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation).

Procedure for granting leave to a manager

Despite the special status, the director of the LLC, like all other employees, is granted annual paid leave of at least 28 calendar days.

IMPORTANT! The status of a manager presupposes a slightly different procedure for registering leave on leave, different from other employees. So, by virtue of Art. 274 of the Labor Code of the Russian Federation, the labor rights and duties of the director are determined, among other things, by the constituent documents of the organization. Accordingly, the LLC charter must regulate the procedure for granting leave to the director.

The charter of the LLC may indicate that the issue of the director’s vacation is resolved either at a general meeting of company participants, or directly by the director himself.

Depending on whose competence it is to lobby for the director’s leave, the procedure for registering it will depend.

If the LLC charter places the issue of granting leave to the director within the competence of the participants, the latter should notify the company about the upcoming leave. This can be done by means of a notice that is placed on the agenda of the general meeting of participants. The notice should indicate when and for how long the director plans the vacation.

A sample application for leave from a manager can be downloaded from the link: application for leave from the director of an LLC - sample.

If the charter of the LLC does not include the resolution of the vacation issue within the competence of the participants, then the director makes it independently. In this case, it is enough for him to reflect his planned vacation in the vacation schedule. However, as a general rule, the director must also be notified by the employer. At the same time, in order to preserve the legal meaning of the notification, another person, for example, an employee of the personnel service, should inform the manager about the upcoming vacation.

The nuances of this procedure

Roughly speaking, this is exactly the same letter of resignation at his own request or by agreement of the parties that any other employee writes in the name of his employer. (Article 81, Article 77 Labor Code). The differences from a “simple” dismissal are in the procedure for carrying out the dismissal; it will be more complex.

Articles on the topic (click to view)

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
• What is the employer obliged to give the employee on the day of dismissal?

The fact is that in relation to the director of the company, the functions of the employer are performed by the general meeting of participants.

During this time, the resigning director transfers affairs to the future head of the company or changes his mind about resigning, which the directorate officially notifies.

Of course, no one will fire the head of a company just like that, in one action. The procedure will consist of the following steps:

1. the director notifies the LLC directorate in writing about the convocation of an extraordinary meeting - at least a month in advance, by sending registered letters to the residential addresses of LLC members;
2. the decision to dismiss is made based on voting (this must be reflected in the minutes);
3. if the decision is made, a standard T-8 order is issued to terminate cooperation (signed by a new authorized person; if one has not been appointed, then even the chief accountant can act in his role). The reason for the dismissal is not stated; it will be enough to refer to Art. 77 TK;
4. a corresponding entry is made in the director’s work book;
5. The directorate of the company submits an official notification to the tax office about the change of head of the LLC.

• Download the dismissal order form T-8
• order to dismiss the director

The fact that a director is removed from office strictly at a special meeting and by voting should not be scary in case someone votes against it. This is rather a formal procedure to comply with the legality of dismissal (Article 280 of the Labor Code). No one can refuse to leave a person at his own request, even if he is the head of the enterprise.

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

If the members of the board of founders ignore the call to the meeting, the director can go to court regarding the inaction of the founders with a demand to recognize him as relieved of office, and at the same time to enter information about the replaced head of the company into the Unified State Register of Legal Entities.

In addition, we must not forget that Art. 80 of the Labor Code, and it states that if the employee has complied with all the formalities for notifying the employer regarding the planned dismissal, this gives him the right to terminate cooperation without waiting for a response.

When transferring affairs, the outgoing director first makes an inventory of the property; if a shortage is discovered, he makes up for it and pays creditors. Cash is handed over to the bank, documentation - to a notary or to the archive. The founders also need to be notified about this - the date of transfer and where the documentation is stored.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The situation is somewhat simpler if the general director is the only founder of the company. In this case, he does not need to write any statements to anyone and listen to other people’s opinions, too.

According to current legislation, the founding director has the right to relieve himself of his position at any time (Article 273 of the Labor Code).

He also makes a corresponding entry in the work book with reference to the order number.

Sample order for leave of director of LLC

Depending on who in society is lobbying for the provision of leave to the CEO, the procedure for issuing a personnel order for leave will depend.

In the first case (if the vacation issue is resolved by the company), the order is signed by a person authorized by the company. Such powers may be enshrined in the charter or minutes of the general meeting of participants.

For these purposes, it is allowed to use form T-6 (Resolution No. 1), but with the introduction of appropriate changes to the unified form according to the rules provided for by Resolution of the State Statistics Committee of March 24, 1999 No. 20, namely its addition of the last column “Authorized person of the company.” In this case, an authorized person will act on behalf of the company. An organizational order should be issued to change the T-6 form.

If the vacation issue is decided by the director himself, then the order to go on vacation is drawn up in form T-6 and signed directly by the director.

The order specifies:

• order details;
• Personnel Number;
• initials and position;
• structural subdivision;
• working year;
• number of calendar vacation days, total duration of the vacation period.

The sample can be downloaded from the link: Sample order for leave of the general director of an LLC.

Temporary transfer of powers

If the charter does not provide that several persons can act on behalf of the company (for example, a director and his deputy), the manager must delegate his powers during his absence.

For this purpose, an order is issued for the deputy to temporarily perform the duties of the director. The order specifies:

• delegated powers;
• deadline for fulfilling duties.

In addition, a power of attorney is issued to represent the interests of the company to third parties.

Among other things, if there is no provision in the employment contract or job description of the deputy providing for the performance of the duties of the director in his absence, an additional conclusion is necessary. agreements to the employment contract on temporary combination of positions during the manager’s vacation and execution of the corresponding order.

If the manager is also the sole participant of the LLC, it is enough for him to issue an order and transfer of powers.

As a conclusion, it can be noted that the mechanism for granting leave to the manager depends on whose responsibilities, in accordance with the charter of the LLC, include resolving this issue. When the director's vacation issue is resolved by the company's members, the latter approve the director's vacation will and issue a corresponding order. Otherwise, these documents are drawn up directly by the director himself.

It is also important to note that today the legislation does not provide for writing an application as a mandatory document when going on vacation.

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.

Notification of tax and extra-budgetary funds about the dismissal of a director

The legislation states that it is necessary to notify the tax authorities that the head of the organization has resigned within 3 days after dismissal.

This means that the resigning manager has nothing to do with notifying the tax office, and this responsibility falls on his successor. But in practice, situations arise when a new manager is not appointed immediately, or the termination of the contract did not go entirely smoothly, and the application is not submitted on time.

This means that all this time the former leader will still be listed as such in the Federal Tax Service, with all the ensuing consequences. Therefore, the former employee should clarify whether the relevant information was submitted; if not, then he will need to do it himself.