He must sign. This document can be drawn up by the personnel manager or other responsible person.
After this, an order for granting leave is drawn up (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 manager. In both cases, he must sign indicating consent.
Before CEO left, it is necessary to select and approve by order his replacement. If he has a deputy, then there are no special problems. In the first case, select responsible person, is appointed, and wages are raised. All this must be specified in the order. A sample order is as follows: “I order the General Director (full name) for a period of (specify period). Establish for this period an additional payment (position and full name of the deputy) for the temporary performance of duties of the head of the organization in the amount of (amount in figures).”
note
The CEO goes on vacation. Use the search on the forum! The head of the organization resolves basic personnel issues, including signing orders for granting vacations to employees. But what if the CEO himself is planning to take a break? In whose name is he writing the application, and who is authorized to “let” him go on vacation?
The CEO goes on maternity leave. Please tell me what we should do. If the term of office of your director is not completed, it seems to me that an order for the appointment of an interim director is sufficient: “In connection with the director going on maternity leave, I order the appointment of an interim director for the period from “... to... Full name For the specified period, he is given the right to sign for the management of all financial documents, as well as accounting and tax reporting."
Sources:
- the director goes on vacation
The CEO, like any other employee, must be included in the schedule vacation ov. When leaving for the required rest, it is advisable to appoint a deputy. It’s good if the organization has a person replacing him, but what if not?
In this case, by order of the General directors a responsible person is appointed. Remember that the choice of such a person must be approached responsibly, because when going into vacation, you trust your business to a person.
If the decision to vacation If the meeting does not accept it, then it is the participants who choose the deputy. All this is documented in a protocol (decision), where everyone signs.
One cannot avoid drawing up an order (instruction) to provide vacation a (form No. T-6). The order may be signed by the meeting. In another case, no matter how absurd it may sound, the manager himself must sign, and put the second signature in the “ ” line.
All documents are transferred to personnel employees, and then to the accounting department, where the accruals are made. Like any other employee, vacation New payments to the general director must be issued three days before leaving for the required rest.
Sources:
- general director's leave order
An appeal to the manager on issues requiring an official decision must be formalized in accordance with the rules in in writing. And every working citizen of our country was faced with the need to draw up such a document, since it was statement is the basis for making many decisions. This could be hiring, transfer, dismissal or granting another 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 an enterprise, but there are generally accepted norms and rules for the preparation of business papers. For this document there is only one valid required condition- it must be written in your own hand. So have a piece of A4 paper and a pen ready, and the printed text of the standard statements will serve as a template for you. You can view some templates by following the link provided at the end of the article. Be consistent in writing your application business style communication, be as brief and specific as possible, avoiding describing unnecessary details and circumstances.
Begin your application by filling out the details. They should be located in the upper right corner of the sheet. Here, indicate the position, last name, first name and patronymic of the manager in the “to” 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 title 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 brackets, indicating your last name and initials.
Helpful advice
Be sure to register your application with the secretary. This will allow you to confirm the fact of your written appeal, in case the document suddenly gets lost and you need proof of your appeal to your manager. For example, upon dismissal due to at will. Here according to Article 80 Labor Code The countdown of the time (two weeks) allotted by law to warn the employer begins with next day after receiving the employee's application. After this period, the employee has the right to stop working and demand that he be given work book with a note of dismissal and full payment.
Sources:
- Sample application for employment in 2019
Additional payment to the basic salary can be applied for in connection with combining two positions or with an increase in the volume of work performed. As directed labor legislation, any additional payment must be documented.
You will need
- - additional agreement;
- - order.
Instructions
Domestic regulations your enterprise must contain detailed instructions according to the tariff increase in wages associated with combining positions or increasing the volume of work performed. The surcharge can be indicated in a flat monetary amount or as a percentage of the salary or hourly tariff rate, it depends on the form of remuneration at your enterprise.
You can assign additional work or combine professions only by mutual agreement with the working employee. Document the agreement in the form of an additional agreement to the current employment contract. Bilateral signing of an agreement means that the employee agrees to perform an additional amount of work or combine professions for additional pay. Indicate the amount of the surcharge as a separate item in the executed and signed document.
Issue an order based on the newly created additional agreement. Give it a link to regulations, to the drawn up agreement, indicate the amount of additional payment, the deadlines for completing an additional amount of work or combining professions.
Familiarize the employee with the order against signature. Submit a written notification to the accounting department about the accrual of an additional payment to the basic salary or hourly tariff rate. Based on the notification, the employee will be accrued in accordance with the new wage conditions.
You can assign an additional amount of work or combine professions for 1 month, during which you are obliged to find an applicant for available vacancies.
Make tax deductions from the entire amount of earnings. Deductions do not need to be made from social benefits, with financial assistance and lump sum payments. Accruals for social benefits must be carried out taking into account all amounts of the employee’s earnings, which include the registered one.
Tip 6: How to arrange a vacation for the general director of an enterprise
Like any ordinary employee of the organization, the general director of the enterprise is entitled to annual basic paid leave. Its design has a number of features, 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 relevant documents;
- - director’s documents;
- - pen;
- - seal of the organization;
- - Labor Code of the Russian Federation.
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 take leave, the right to make this decision must be spelled out in the constituent documents of the company. If this is not enshrined in the company’s charter, the general director needs to write a statement addressed to the chairman constituent assembly on the possibility of granting him leave if there are several participants in the company, or in the name of the sole founder if the company has one participant. The head of the organization must submit this application for leave for consideration to the chairman of the board of founders or the only participant no later than a month before the expected date of leave.
When the charter or other constituent document of the organization states that the director himself has the right to make a decision on granting vacation, then his vacation must be included in the vacation schedule in parallel with other employees. Two weeks before the actual date, a notice must be given, which he must sign, thereby agreeing to the start date of the vacation.
The director should draw up an order using the unified T-6 form. The subject of the document corresponds to the provision of employee leave. Assign the order a number and date of publication. 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 quantity calendar days provided leave. The director of the enterprise has the right to sign if he himself accepted this decision, chairman of the board of founders, if the issue of his leave was considered at a meeting of participants.
In parallel with the order for granting leave, it is necessary to draw up an order for the appointment of an acting general director during his absence. Such a person may be the head of one of the structural divisions, if staffing table There is no provision for the position of deputy director.
"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 calculation note 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 order 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, the general director may be required to coordinate the start time of leave 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 Limited Liability Companies”). 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 during 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 later this particular norm was abolished by the Definition Supreme Court RF 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 if only 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 " Material liability 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 on the payment document is required. 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 is 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 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 leader.
- 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.
- according to the T-6 form.
- 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.
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. can develop its own forms of documents. 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 labor activity for which the vacation was granted
- number of rest days
- type of vacation
- for what year was it provided?
When the order is drawn up, a dilemma arises. 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
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 assigned labor contract And job description. All that remains to be done finishing touch- 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:
- 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
- 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 man “plows” for two, but wages receives 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.
To confirm your credentials:
- to make deals
- sign agreements with counterparties
- make management decisions
- sign internal documents
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, issue an order to recall the general director from vacation. 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 a director, you need to draw up documents 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.
The head of the company has the same right to annual leave, like the rest of the company's employees. However, there are exceptions in this case: a leader who is at the same time sole founder organization (if there is no agreement with it employment contract), as well as the case when a legal entity does not have a manager who is its employee, and management is transferred to a third-party manager (management organization) under a civil contract.
Providing leave to the head of the organization
The issue of granting leave to the general director of an organization may be regulated by the organization’s charter.
According to the charter, the issue of granting leave to a director may fall within the competence of:
- general meeting members of the company;
- board of directors of the company;
- the head of the company himself.
Of course, if the issue of granting leave is decided by a meeting or board of directors, this entails certain difficulties organizational nature, therefore, it is advisable to choose the option when the head of the company independently decides the issue of his vacation time. If in internal regulatory documents If the issue of granting leave to the general director is not specified in any way, then the same procedure applies.
Thus, the manager must be notified of the vacation two weeks before it begins. This can be done by an employee who is responsible for personnel production. The order (instruction) on granting leave in relation to himself is signed by the head of the organization and signs for familiarization with it as an employee. Just like all employees, vacation pay must be calculated and paid to the manager.
Director's leave order (sample)
Let's take a closer look at filling out the order. The order is usually drawn up by an employee of the HR department. If the company does not have a personnel department, then the responsibilities for drawing up this document are assigned to the employee who is responsible for personnel records management in the company (for example, these functions can be performed by the company secretary or accountant).
An order for leave for the general director is filled out (we will provide a sample order for your review below) in the same form as an order for granting leave to any other employee of the company. For these purposes, a unified document form can be used or a form independently developed for these purposes can be used.
If the company has decided to use a unified form, the order for granting leave must be drawn up according to Form No. T-6, approved by Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004.
Does the manager have the right to sign the order himself or is this considered a mistake? In fact, it depends on who decides whether to grant leave to the CEO of the company:
- if the issue of granting leave to a director is decided by a meeting of participants or the board of directors, then the order is signed by an authorized person. The person vested with these powers may be specified in the company's charter, minutes of the general meeting of the company's participants;
- if the general director decides on the issue of granting leave independently, then he also signs the order independently and this is not a mistake.
The unified form T-6 is not difficult to fill out. In the header of the order, you must fill in the name of the company, the OKPO code, the order number and the date on which it was drawn up.
The main part of the order contains the following information:
- Who is granted leave (full name, personnel number of the employee, structural unit and position he occupies);
- The period of work for which leave is granted;
- The duration of annual paid leave and the dates on which it is provided;
- Term additional leave and the dates on which it is provided;
- Total days of vacation (paid, additional);
- Signature of the manager indicating the position;
- The employee’s signature confirming his familiarization with the order and the date of familiarization.
When using the unified T-6 form, it is necessary to keep in mind that it requires the signing of the order only by the head of the company, so it is advisable to use this form if the director has the authority to approve his leave independently. If the decision on vacation is not made by the manager himself, then it would be correct to develop the order form yourself. It is not forbidden to take as a basis unified form, supplementing it with the necessary columns, that is, adding a column for the signature of an authorized participant in the company.