Is it possible to go on vacation without reading the order? My immediate supervisor approved the application, | Izhevsk

Director on vacation: is it possible to sign documents

In order to issue an order for the right to sign personnel documents, the director must follow a certain procedure.

The order can be established in one of the documents:

1. in the constituent documents;
2. local regulations of the company;
3. employment contract.

This follows from paragraph 2 of the resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2.

Before issuing an order for the right to sign, check what is stated in your Charter.

Changes must also be made to the employment contract with the employee, to whom the director transfers powers and the right to sign. List these powers in the contract. Amend the employee's job description as well. Now you can issue an order for the right to sign.

In the order, include the date of the order, its number, and the place of issue. Write what it is about - “about the assignment of powers and the right to sign personnel documents to an official.” Begin the order for signing authority with the reason why you are giving the official authority.

State the reason, for example, like this: “in order to comply with the procedure and deadlines for processing personnel documents.”

In the order for the right to sign (see sample below), indicate the date of transfer of authority, position and full name of the person. List personnel documents in it, indicate copies of documents related to the work. Certify with the director's signature.

Familiarize the order with the authority to sign with the official to whom the authority is transferred. Please attach a sample of his signature.

The director and chief accountant are not always in the company. So that other employees can sign primary accounting documents instead, the company must have an order for the right to sign. He will approve the list of employees with such powers. As a rule, the director coordinates the list of employees with the chief accountant.

In the order, reflect the date of the order, its number and place of issue. Write what it’s about - “about approval of the list of persons who have the right to sign primary documents.” In the administrative part of the order for the right to sign, indicate that the list of persons is given in the appendix to the order. List what documents they have the right to sign and for whom.

All employees who are included in the list of persons with the right to sign primary documents must be familiarized with the order. In the order on the right to sign primary documents (see sample below), they will put the date and sign. It does not need to be approved every year. Issue a new order if your approved list of persons changes.

If your company uses unified forms of primary documents, they have fields for signatures of authorized persons. For example, “Chief accountant, signature.”

In the absence of the chief accountant, the primary document will be signed by the employee to whom the chief accountant has delegated authority. There is no need to indicate the order details for the right to sign.

Your company has the right to use forms of primary documents that it independently developed and approved. It is desirable that these documents contain neutral signature details: for example, “Manager or other authorized person.” Then, instead of the manager, an authorized person can sign. The main thing is that the employee has the right to sign on the order.

Previously, the chief accountant could sign primary documents for himself due to his official duties, and for the manager during his absence. In 2021, the signature of the chief accountant on documents is not required. It must be there if an order has been issued to the chief accountant for the right to sign.

“If the certificate contains information about wages or other financial information, then in addition to the manager or authorized employee, it is signed by the chief accountant. The signatures of officials on the certificate are certified by the seal of the organization (if any).”

This follows from the Bank of Russia instruction dated May 30, 2014 No. 153-I and the Federal Law dated December 6, 2011. No. 402-FZ “On Accounting”.

The director has the right not to grant the chief accountant the right to sign. Then, if the chief accountant is going on vacation, for example, there will be no need to transfer the right to sign to another employee. But if the chief accountant has the right to sign, during his absence this right must be transferred to another person. To do this, draw up an order for the right to sign.

As a general rule, the manager is the legal representative of the organization. That is, it is he who has the right to represent her interests, including in court (clause 1 of article 27 of the Tax Code of the Russian Federation, part 2 of article 25.4 of the Code of Administrative Offenses of the Russian Federation, article 33 of the Labor Code of the Russian Federation, clause 1 of article 53 of the Civil Code of the Russian Federation, part 4, Article 5.1 of the Law of July 24, 2009 N 212-FZ, Part 1, Article 61 of the Arbitration Procedure Code of the Russian Federation, Part 2, Article 48 of the Code of Civil Procedure of the Russian Federation).

It is necessary to issue an order about this and indicate in it the powers that are transferred to the replacement employee, as well as the period for which they are transferred. Including assigning the duties of the director to the replacement employee for signing cash documents, personnel documents (orders, acts, time sheets), primary documents, invoices, etc.

In addition, in order for a replacement employee to represent the interests of the company before third parties, for example, tax and customs authorities, counterparties, etc., he must have a power of attorney (clauses 1, 3, article 29 of the Tax Code of the Russian Federation, clause 1 of Art. 182 Civil Code of the Russian Federation, Part 7, 8 Article 5.1 of the Law of July 24, 2009 N 212-FZ, Part 4, 5 Article 61 of the Arbitration Procedure Code of the Russian Federation, Part 2 Article 48, Part 1, 3 Article 53 Civil Procedure Code RF). It also needs to be completed, naturally, before the director goes on vacation.

Do not forget that during the period while the director is on vacation, his replacement employee will also have to perform his direct duties. And here there are some nuances.

When concluding an employment contract with the immediate deputy manager or an employee who will have to occupy a similar position, it often includes a clause stating that during the absence of the director from work (including in connection with annual paid leave), the employee must perform his duties.

But if there is no such clause in the employment contract or job description of the replacement employee, then an agreement must be concluded with him on combining positions during the director’s vacation, indicating the amount of additional payment for combining (Article 60.2, 151 of the Labor Code of the Russian Federation). An order on temporary combination of positions must also be issued, again indicating the amount of additional payment.

By the way, this additional payment is generally subject to personal income tax and insurance contributions to extra-budgetary funds (clause 1 of article 210, clause 6 of article 226 of the Tax Code of the Russian Federation, part 1 of article 7 of the Law of July 24, 2009 N 212-FZ). Since it is a payment for labor and forms the employee’s income. Accordingly, for profit tax purposes, the additional payment is taken into account in labor costs (Article 255 of the Tax Code of the Russian Federation).

The answer to the question has already been given above: while the director is on vacation, who signs the documents. This is the same employee replacing him to whom the corresponding powers were transferred. Please note that when signing documents, he must indicate his real position and put his signature and transcript next to it. It is unacceptable to indicate in documents “I.O.

Correctly and on time issuing a leave order for an employee is the task of the enterprise’s personnel service. In addition to solving a host of related issues, a human resources specialist must have up-to-date legal information. How competent his actions are, the organization will be protected during inspections.

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Let us consider the rules for granting leave and the execution of the corresponding order in detail. Content

• 1 Providing leave to an employee in 2021 - the basics of the Labor Code of the Russian Federation
• 2 Types of vacations
• 3 We prepare an order for labor leave on time

• 4 Signature in the document
• 5 How to correct errors in an order
• 6 Where and for how long should documents be stored?

Providing vacation to an employee in 2021 - the basics of the Labor Code of the Russian Federation Vacation is a joyful event for every employee.

This is due to the fact that Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, which approved the unified forms, is not a mandatory legal act, but is only recommended for use. Therefore, if an employer wants to write a document in any order, no one will definitely punish him for this.

• No. T-6 per employee;
• No. T-6a for several workers.

The first of them is used by personnel officers more often, because even if several people go on vacation at once, it can be convenient to draw up documents for each of them separately.

Important

But, unfortunately, he still does not have the right to send himself to rest if he is not included in the schedule. The organization's charter must state who can make such a decision: only a collegial body (board, directorate, etc.), if there is one, a meeting of participants (shareholders) of the company, or the manager himself. The decision of a collegial body or meeting of participants is documented in a protocol, in which, in addition to all the conditions for the director’s rest, the question of who will perform his duties during his absence is also decided.

An order is issued based on such a protocol. It can also be compiled in any form: both unified and free. It is important to pay attention! If the unified T-6 form is selected, then by default only the manager himself can sign it.

What to do if your boss doesn’t sign a vacation application

A widespread situation in practice is when an employee has an immediate superior, who at the same time is not the director (manager) of the organization, and his signature on the application is necessary for the further movement of the document.

In such a situation, you need to remember that, according to Part 2 of Art. 56 of the Labor Code of the Russian Federation, the party to the labor relationship is the employer, whose powers are exercised by the head of the organization (he is the one who has the right to sign employment contracts, issue orders, etc.).

Therefore, if, by virtue of the provisions of the Labor Code of the Russian Federation, an employee is entitled to leave at a time convenient for him, then the signature of his immediate superior is also not required.

However, if an employee requires leave for reasons not provided for in Art. 123 and 124 of the Labor Code of the Russian Federation (at a convenient time), then the decision on the possibility of releasing an employee will, as a rule, be made by the immediate superior. In this case, in practice, a positive solution to the issue will depend on his visa on the application.

Find out also “What is the penalty for late payment of vacation pay?”

Signature on documents

The manager's leave is processed according to generally accepted rules. In this case, the order for granting leave (form N T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/2004 N 1) is signed by the director himself. The procedure for calculating and paying vacation pay is the same as for all employees.

But if there are no particular difficulties in registering the director’s leave, then transferring the authority of the director to another person may raise questions.

The sequence of staff vacations is established by the vacation schedule. This document is approved by the head of the organization, taking into account the opinion of the trade union organization, and is mandatory for both the employer and the employees (Parts 1, 2 of Article 123 of the Labor Code of the Russian Federation).

Despite the fact that the manager is on vacation, the company continues to operate. In this regard, the participation of the CEO may be required if an important issue is being resolved. Can a director on vacation sign financial documents?

Let us clarify that vacation is granted specifically for the working year, which, in general, is an annual period starting from the moment of employment. Obviously, the length of service for the purposes of calculating vacation depends specifically on the employee’s working year, and not the calendar year. The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year when calculating the length of service that gives the right to leave.

To ensure that the activities of the organization do not come to a standstill due to the absence of the director, for this period his functions are assigned to another employee. This is especially true for signing documents, since the need to endorse papers arises almost every day.

These duties may be assigned to another employee holding a different position. This implies a combination of duties, so it can only be used with the consent of the worker. This must also be noted in the employment contract or annex to it.

In the case where the company does not provide for the position of deputy director and there is no employee to perform his duties in combination, the director must delegate his powers to another person. This can be done by temporary transfer to another position or by signing a fixed-term contract to perform specific job duties. In both cases, delegation of authority occurs only with the consent of the employee.

The corresponding actions must be properly formalized by issuing an order for the enterprise. In addition, if the temporary performance of duties involves representing the interests of the company before 3 persons, then the director must draw up a power of attorney for the specified person. Notarization is not required. It is enough to put the signature of the manager and the seal of the enterprise.

Regardless of the document on which the employee who is assigned the responsibilities of a manager works, an order must be issued to delegate authority. It is rational to draw up this document only if the director will be absent for a sufficiently long time.

In this case, even if a deputy performs his duties, the chief must issue an appropriate order. This document must contain information regarding:

• Duration of transfer of powers;
• Reasons for their delegation;
• The procedure for performing the duties of a director (combined);
• Additional payments in connection with the performance of additional duties, in the manner established by Article 285 of the Labor Code of the Russian Federation;

If necessary, the specified document may indicate the responsibilities that are assigned to the specified employee. For example: signing internal documentation (personnel orders, reports, etc.), approving receipts and expenditures, representing the company’s interests in government agencies, etc.

The need to issue a power of attorney to a person acting as a director arises if the local documentation does not contain provisions governing the transfer of such powers. The specified document is published on company letterhead. The main text is formatted in free form.

The basic requirements put forward for such documents are enshrined in Articles 185 and 186 of the Civil Code of the Russian Federation. It is necessary to take into account that if the power of attorney does not have a validity period, it is considered to be issued for a year. In this case, in general order, the specified document can be revoked at any time by the person who issued it.

The only exceptions are cases of concluding irrevocable powers of attorney, the possibility of registration of which is provided for in Article 188.1 of the Civil Code of the Russian Federation. In this case, its cancellation is possible only under certain conditions.

The director, as a managerial employee, is responsible for his actions in accordance with current legislation. When delegating rights and responsibilities to another person, responsibility is also assigned to him.

According to Article 277 of the Labor Code of the Russian Federation, I.O. The head of the company is responsible for damage caused to the enterprise as a result of his making incorrect decisions. This also applies to cases where his actions resulted in damage to the property of third parties, which was under conditions of safekeeping on the territory of the organization. He may also be brought to legal responsibility depending on the severity of his offense and its consequences.

In this regard, an employee with knowledge of tax, criminal, and labor legislation is selected as a temporary replacement for the director. Since in the event of an offense being committed, full responsibility will be assigned to him.

If there are no employees at the enterprise who can be entrusted with the powers of a director, the employer has the right to hire a hired specialist. Today there are many companies providing services for the provision of temporary workers of various qualifications. Including senior employees for temporary replacement of the director.

It also often happens that there is no one at the company to delegate responsibilities to, or the manager does not want to do this. In this case, he reserves the right to sign the necessary papers.

From a legal point of view, performing work duties during the annual rest period is not a violation. In this regard, signatures placed at this time by the director are considered valid and do not lose their legal status. strength, since the leader retains the appropriate powers.

However, the interpretation of the provisions of the legislation in this case is not clear. In some situations, when assessing the legality of the approval of documents by a manager who is on vacation, it is noted that, according to labor legislation, rest time implies release from official duties. Returning to work is possible, but must be documented with appropriate documents.

This issue has not been clearly resolved by the legislator, however, the Federal Antimonopoly Service of the Moscow District expressed its opinion on this matter by issuing Resolution No. KA-A41/5089-10 dated May 24, 2010. In this document, he noted that the absence of the director from the workplace due to the annual vacation does not deprive him of the right to sign documents.

But if the delegation of authority has been made, but the director continues to sign documents while on vacation, then this may be regarded as a violation. In this case, from the point of view of legislation, the manager is considered to be temporarily not performing his duties. In this regard, his signatures on documents have no legal force. Such documents may be challenged in court.

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For example, when an agreement is signed by a director who is on vacation, the other party may file a statement of claim demanding the cancellation of the specified document. In practice, often, the courts decide in favor of the plaintiff, arguing that in fact this person at that time did not have the authority to sign such documents.

A different decision may be made if the counterparty complied with the terms of the agreement up to a certain point. Then the court can make a decision in favor of the defendant, guided by Article 183 of the Civil Code of the Russian Federation, which involves recognizing the agreement as valid if the other party has expressed agreement with it by fulfilling the terms of the agreement.

The priority for granting vacation is determined annually in accordance with the vacation schedule, which is mandatory for both the employer and the employee. And in most cases, vacation is provided exactly as scheduled. But it happens that vacation is granted within the time frame requested by the employee. Regardless of what documents are created to resolve the issue of when the employee will use vacation (vacation schedule, employee statement), the employer always issues an order (instruction) to complete it.

YOU SHOULD KNOW THIS

Document details - individual inscriptions that are mandatory elements for the preparation of official documents

To register and record vacations granted to an employee in accordance with legislation, a collective agreement, local regulations, and an employment contract, a unified form No. T-6 is used (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation on accounting of labor and its payment"). If you need to provide leave to several employees at the same time, it is convenient to use the unified form No. T-6a.

The Labor Code does not clearly explain in what order the director delegates to other persons the authority to sign employment contracts and other personnel documents. An order for the right to sign or a power of attorney? To answer this question, let's look at what the code says about this.

The Labor Code does not mention the order on granting the right to sign, but it establishes that:

• the employer may be “another entity entitled to enter into employment contracts” (Part 4 of Article 20 of the Labor Code of the Russian Federation);
• the employment contract includes “information about the employer’s representative who signed the employment contract, and the basis by which he is vested with the appropriate powers” ​​(paragraph 5 of part one of Article 57 of the Labor Code of the Russian Federation).

1. in what situations is it necessary to issue an order to grant leave;
2. Themes:
3. Additional leave
4. Vacation

Filing an order for leave is a routine procedure, but it can be optimized. We'll tell you exactly how! From the article you will learn:

• in what situations is it necessary to issue an order to grant leave;
• what are the rules for forming a vacation order;
• What does a sample order for annual paid leave look like?

Preparing for annual paid leave The process of sending an employee on annual paid leave, which includes issuing an order to grant leave to the employee, includes several important preparatory stages: drawing up a vacation schedule.

• what are the rules for forming a vacation order;
• Vacation
• Additional leave
• What does a sample order for annual paid leave look like?

When is a leave application required?

The norms of the Labor Code of the Russian Federation provide a number of exceptions for both the administration of the enterprise and employees, when vacation days can, due to legal requirements, be postponed, divided into parts, or provided at a time suitable for the employee.

A citizen’s ability to receive days of rest during a period suitable for him (outside the schedule) is regulated by Art. 123 Labor Code of the Russian Federation. They can be used:

• parents with many children;
• husband, if his wife does not work due to pregnancy;
• a parent raising a disabled child under 18 years of age;
• minor employee;
• a citizen working on an external part-time basis.

If a working citizen falls into the category of persons who have the right to choose a period of annual rest, then the company administration is obliged to provide it upon receipt of an application from an employee.

In Art. 124 of the Labor Code of the Russian Federation also lists the grounds for extending or postponing vacation. So, for example, the rest period must be extended or postponed if the employee performs government duties that require release from work and falls during the period when the employee is scheduled for vacation, or if he goes on sick leave during vacation, etc. Do not forget that this list is not closed and can be expanded by local acts of the enterprise or the provisions of the collective agreement.

A ready-made solution from ConsultantPlus will help you arrange the transfer of vacation for various reasons. Trial access to the legal system is provided free of charge.

Who signs documents instead of a director who has gone on vacation?

The legality of using vacation without an appropriate order is confirmed by judicial practice.

Thus, in the cassation ruling of the Rostov Regional Court dated March 19, 2012 in case No. 33-3250, the court found that failure to notify an employee of the grant of leave indicates a failure by the employer and cannot limit the employee’s labor rights. At the same time, the argument about the lack of respect for the reasons for the employee’s absence is unfounded, since his leave was planned based on the schedule and agreed with the immediate supervisor.

Does the employer need to endorse a leave application?

The norms of the Labor Code of the Russian Federation do not indicate that the director of the company must sign the employee’s application, put a certain resolution on it, etc. That is, to grant leave according to the law, it is enough only the fact that the application was submitted by the employee and accepted by the employer’s representative.

If the employer does not sign the application for leave, which in fact means a refusal to grant it, then we are talking about a violation of the employee’s labor rights, in connection with which a complaint can be filed with the labor inspectorate with subsequent inspection of the employer by this inspectorate in accordance with the provisions of Art. 360 Labor Code of the Russian Federation.

At the same time, an employee, if there are valid reasons (which are not specified in the norms of the Labor Code of the Russian Federation as grounds for postponing vacation), has the right to apply for vacation at a convenient time without taking into account the vacation schedule. In this case, the employer does not sign the application for leave if he does not want to do so and, accordingly, refuses to grant it without any legal consequences for himself.

How is familiarization with the leave order regulated?

Answer to the question: The current legislation does not provide for an obligation for the employer to familiarize employees with the leave order. The employer is obliged to familiarize the employee with the local regulations adopted by him that are directly related to their work activities (paragraph 10 of Part.

123 Labor Code of the Russian Federation). One of the ways an employer can notify an employee is to familiarize him with the relevant leave order (see attachment to the answer below). In addition, the employer has the right to independently establish the corresponding rule on the mandatory familiarization of employees with issued vacation orders in one of the local regulations of the organization (Art.

8, part 1 art. 22 Labor Code of the Russian Federation). Read about so as not to make mistakes.

Details in the materials of the Personnel System: Situation: Is it necessary to notify the employee about the upcoming scheduled vacation? The employee must be notified of the start date of the vacation by signature no later than two weeks before it starts (). The organization determines the forms and methods of such notification independently. These may be separate notices or notifications to employees, introductory sheets and statements, draft orders (instructions), etc.

n. Interesting information about is posted here. For example, you can issue a notification about an upcoming vacation in.

Another option: draw up a vacation order for or and familiarize employees with it in advance: two weeks before the start of the vacation.

You can also have a unified vacation schedule or supplement it with two additional columns. In one of which, employees will sign that they know the start date of the vacation, and in the other, indicate the date of notification of the start of the vacation.

The legal requirements for prior notification of the employee about the start date of the vacation will be complied with in all of the above cases.

Similar explanations are given in, as well as letters of Rostrud dated March 22, 2012 No. 428-6-1. Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare, Ministry of Health of Russia 03/29/2016 With respect and wishes for comfortable work, Igor Ivannikov, HR System expert

What to do if an employee cannot sign a vacation order?

In general, I didn’t sign. And now I searched for information on the Internet and found: Often the vacation order does not have the employee’s signature indicating that he has read the order. Until the employee signs a vacation order, his vacation cannot formally begin. Signing the employee's application does not give legal force to the procedure for granting leave.

Formally, if an employee went on vacation without reading the order, this can be interpreted as absenteeism. According to the Labor Code of the Russian Federation, vacation pay is paid no later than three days before the start of the vacation. Form and content of the order The form of the vacation order was developed and approved by the State Statistics Committee of Russia. Vacation order form numbers: T-6, T-6a.

Order for several employees A vacation order (form T-6a) is issued when several employees go on vacation at once. All sections of the order are filled out based on accurate information about each employee. The order forms are easy to fill out: they will not confuse even novice personnel officers. It is not necessary to fill out the forms manually. It is best to do this in a special program from your automated workstation.

In order not to ruin your colleague’s mood, you should draw up an appropriate order in accordance with the requirements of regulatory documents. Basis for issuing an order According to the norms of the Labor Code of the Russian Federation, the basis for granting leave is the necessary information for drawing up an order. It would be useful to familiarize yourself with all the changes and additions regarding vacations that apply in 2021.

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Deputy needed

The head of the organization may be absent from his workplace for one reason or another. Since the director is a key figure in the company, someone must perform his duties in his absence. To do this, an order is issued to the acting director.

In general, the responsibilities of the general director, which is quite logical, are assigned to his deputy. However, if the position of deputy director is not provided for on staff, then the duties of the manager can be delegated to any employee of the company.

Regarding the question, if a director is on vacation, can he sign documents, the current legislation is clearly against the work of a director during an annual vacation. Working during vacation or sick leave is not permitted by labor law. Therefore, orders, contracts and other documents cannot be signed while on vacation (clause

For example, the Supreme Arbitration Court of the Russian Federation indicates that the presence of the general director - the sole executive body on maternity leave does not interrupt the authority to carry out transactions (determination of the Supreme Arbitration Court of the Russian Federation dated November 24, 2009 No. VAS-15541/09).

Judges of the Fifteenth Arbitration Court of Appeal came to similar conclusions regarding the signing of a bill of exchange by the director while on vacation (resolution No. 15AP-13294/2016 dated October 4, 2016).

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December 27, 2013, 1:55 pm nadya1 wrote: and if an employee, for example, goes on vacation on the 16th, then should I give him a vacation notice 15 days or 14 days in advance for his signature?