Source: Magazine “Human Resources Department of a Commercial Organization”
The director (general director, president, etc.), who is also the head of the organization, like all other employees, has rights granted by labor legislation, including the right to vacation. But since the manager has a number of powers that are granted only to him, during his absence another employee must be appointed to perform the functions of the manager. In the article we will consider the order in which leave is granted to the director, who and how can perform his duties, and how the transfer of powers is carried out.
The manager and his competence
In Article 273 of the Labor Code of the Russian Federation, the head of an organization is characterized as an individual who, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity ( organization) and local regulations manages this organization, including performing the functions of its sole executive body.
The manager is the sole executive body of the company (director, general director, president, etc.), who is elected by the general meeting of the company's participants for a period determined by its charter, unless the charter refers to the resolution of these issues within the competence of the board of directors (supervisory board) of the company. The sole executive body of the company may not be elected from among its participants.
The head of the institution (hereinafter referred to as the director) as an employee is subject to labor legislation, and as an executive body - to civil law. The effect of labor legislation, in particular Ch. 43 of the Labor Code of the Russian Federation , applies to the heads of all organizations, regardless of their organizational and legal forms and forms of ownership, except for those cases when:
- the head of the organization is the only participant (founder), member of the organization, owner of its property;
- The management of an organization is carried out under an agreement with another organization (management organization) or an individual entrepreneur (manager) ( Part 2 of Article 273 of the Labor Code of the Russian Federation ).
In addition, the activities of the director are regulated by the provisions of other laws and regulations applicable to the heads of a particular type of organization. The most common forms of commercial organizations are limited liability companies and joint stock companies. Accordingly, we can highlight federal laws dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law ) and dated 12/26/1995 No. 208-FZ “On Joint-Stock Companies” .
Sample transfer order
ORDER
«____»________________ № _______
About temporary transfer to the position of director
Due to production needs caused by the long business trip of the director _______________________________,
(FULL NAME)
I ORDER:
1. Appoint economist ____________________ to the position of director of LLC "__________________________"
(full name) (name)
with “____”________________g. with remuneration according to the staffing schedule.
2. Provide _____________________ during the specified period with the right of first signature of all financial
(FULL NAME)
documents, as well as accounting and tax reporting.
Reason: Art. 33 of the Labor Code of the Republic of Belarus.
Director ___________________
I have read the order ___________________
«____»________________
Option 4. The organization has no other full-time employees except the director
In such a situation, the organization can involve the director in performing the duties of:
- participant (if the organization has more than one participant (founder));
- an outsider (individual or legal entity).
To assign the duties of a director to a participant, it is necessary to convene an extraordinary meeting of the body whose competence includes the appointment of a director (meeting of participants, board of directors, supervisory board), at which a decision is made to temporarily transfer the powers of the director to one of them, and then hire him as a director under a fixed-term employment contract (Article 17 of the Labor Code).
In this case, the following are issued:
- minutes of the meeting;
- fixed-term employment contract;
- order for hiring a director.
Such a person does not need a power of attorney, since he was hired as a director, and the director acts on behalf of the organization on the basis of the charter.
How can a director go on vacation?
The first person of a budgetary institution cannot simply say “I’m going on vacation”; the general director needs to be properly documented, for which there are two registration options with their own nuances.
In the first case, the organization's Charter provides for approval of the constituent meeting. To do this, the manager needs to write a statement about how long he plans to leave. After this, the issue is discussed by the founders, and it is determined who will fill this position in his absence. To do this, an order is issued to leave the general director with the assignment of duties to another competent employee.
In the second, the person has the right to independently manage his vacation, it is included in the schedule. In this case, there is no need for a statement. The manager himself signs his order. In this case, use the sample director’s order for personal leave.
The first option is relevant for large institutions for which compliance with the regulations is justified. For the rest, it is better to simplify the process and not limit the rights of the manager.
What does the Labor Code of the Russian Federation say?
The manager is the same employee as all other officially employed employees of the enterprise.
According to Article 274 of the Labor Code of the Russian Federation, it can be understood that the labor rights and broad responsibilities of the general director are legitimized by the constituent documents of the organization. But despite its high status, the provision of vacation periods to the first person of the enterprise is guaranteed by the Labor Code, subject to the execution of documents.
Let's consider various options in which a top manager can be temporarily relieved of his powers during an annual vacation.
In the document flow, the following factors may influence the granting of leave to the General Director:
- he is an employee;
- the company was created solely on his capital investments without the participation of third parties;
- he is one of the founders of the organization with an equity stake.
In joint-stock companies, where the charter is considered the fundamental document, a separate clause is provided in advance regarding the director’s ability to take leave.
If it is necessary to consider his statements at the board of shareholders, then he writes a document addressed to the chairman of the meeting with a request to relieve him of his assigned duties for a time.
In such cases, the procedure should be as follows:
- the director sends an application for leave to the chairman of the meeting or the board of founders;
- at the meeting the possibility of satisfying his request is discussed and a decision is made;
- upon approval of the application, an order to go on vacation is issued, which indicates the person replacing the general director for this period.
The order can be signed by the chairman of the meeting, the board of directors, or the director himself, if he has the appropriate permission.
In cases where the director is the only investor in his enterprise, he can freely plan when it is best for him to leave work.
And although an application is not required from him, an order for leave must be issued.
It stipulates the period for which he gets rid of his powers, and appoints a full-time employee to perform his functions during this time.
If there is a board of directors in a company, each of its members has the right to replace each other, so the appointment of a separate person during the absence of the director is not required.
The order must indicate the period for granting vacation days to the director and specific dates.
From all of the above we can conclude: regardless of whether a leave application is written or not, an order must be issued.
Should the director write a letter of leave?
Whether or not to write a statement to the manager depends on how it is described in the charter.
Option 1. The charter states that the decision to dismiss the general director is decided at the general meeting of participants (shareholders) of the company. In this case, the manager is obliged to write a leave application, and writes it to the chairman of the general meeting or to the meeting as a whole.
The text of the document is something like this: “I ask you to consider at the general meeting of participants the provision of annual leave for (number of days) from (specify period).” See sample: Application for leave of the general director (addressed to the chairman of the general meeting).
Participants in the meeting - the company's shareholders - also often decide on who will replace the director during vacation. The decision must be drawn up in the form of a protocol, which is signed by all participants in the meeting. Sample minutes of the shareholders' meeting on the issue of granting leave to the general director.
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If this method is not specified in the charter or other documents, then we go with the second option.
Option 2. The director plans his own vacation. The manager's vacation must be included in the vacation schedule, like other employees.
This is important to know: Hiring for a temporary position during maternity leave
There is no need to write an application to the manager, but he must sign a notice of his leave at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)
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.
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
Sample order on transfer of powers
ORDER
«____»________________ № _______
On the transfer of powers of the director
1. In the period from 07/27/2016 to 08/09/2016, assign the head of the commercial department ____________________ to perform the duties of director of LLC "_____________" without exemption from
(full name) (name)
main job.
2. Establish a ____________________ premium for complexity and tension in the amount of _________% of
(FULL NAME)
director's official salary based on actual time worked.
3. Grant ________________________ the right of first signature on financial and economic documents, including
(FULL NAME)
including banking documentation for the period of temporary absence of the director.
4. Issue ____________________ power of attorney for the right to represent the interests of LLC "______________"
(full name) (name)
in relations with third parties during the temporary absence of the director.
5. This order should be brought to the attention of all employees of ____________ LLC.
(Name)
Director ___________________
I have read the order ___________________
«____»________________
An employee temporarily transferred to work as the head of an organization can also perform the functions of a director. In case of temporary transfer due to production needs (Article 33 of the Labor Code), the director draws up the following documents:
- order for temporary transfer (indicating the reasons for the transfer);
- power of attorney.
Note! Changes to the employment agreement (contract) during temporary transfer are not made.
We believe that it makes no sense to arrange a transfer for a short period of absence of the director, but this method is quite advisable to use if the director is absent for more than a month.
Grounds for drawing up an order
A peculiarity of the economic activities of a Limited Liability Company is the fact that the enterprise is organized by one or several persons who, from the point of view of the law, act as founders. However, the so-called founders of the company do not always take full part in the management of their brainchild; they often attract a certain person to perform the duties of the general director, who in turn hires the rest of the staff.
Also, in some situations, the founders can appoint one of their members as the general director, or the sole founder of the company can manage it individually, acting as both the founder and general director at the same time. Thus, the manager can be both an employee and a co-owner of the company.
At the same time, the director, as an invited employee, despite the authority to conduct business activities and hire and fire employees, is not completely autonomous, but quite the opposite.
On a number of leading issues, from the disposal of finances to the selection of partners, he must receive the approval of the founders, formalized in the form of a protocol. The director from the main body of founders is obliged to coordinate all his actions with his partners.
Moreover, the procedure for granting leave may require separate permission from the owners of the company, especially if such a condition is spelled out in the Charter along with other procedures by virtue of Article 274 of the Labor Code of the Russian Federation. That is, if the general director intends to take a break, he must first submit an application for leave for consideration by the general meeting of participants. The owners of the company consider the forgiveness and formalize the decision in the form of a protocol, which serves as the basis for issuing an order to rest the manager.
However, if the Company’s Charter does not contain a condition for obtaining the approval of the founders, the procedure for registering annual leave is applied, as defined in labor legislation, namely Article 123 of the Labor Code of the Russian Federation. That is, before December 15 of the current year, a vacation schedule for the company for the next year is drawn up, reflecting information about the rest periods of all full-time employees, including management personnel.
14 days before the start of the vacation, a notification is issued, which is handed to the future vacationer against signature. Further, on the basis of the notification, an order for the director’s leave is already drawn up, which he signs independently, taking into account that he has the right of first signature on all administrative acts of the company.
Based on the norms of Article 123 of the Labor Code of the Russian Federation, both ordinary employees and the general director are required to comply with the priority schedule. However, in a number of cases, separately provided for by law, it is allowed to transfer annual leave to another period. It is also possible to move the time of use of vacation by agreement of the parties.
It should be noted that in some situations, the issue of granting a manager’s leave may undergo so-called preliminary approval. That is, at the end of the year, the founders initially decide in what month or from what date next year the general director can go on vacation. The decision is recorded in the protocol, which is then taken into account when drawing up a rest schedule for the LLC staff.
Quite often a situation arises when a manager, for personal reasons, wants to take a vacation earlier than the period approved in the schedule.
In such circumstances, even if there is a vacation plan, the general director submits a leave request for consideration by the board of founders and only then can issue an order to go on vacation.
The only exception to the rules is the director, who is also the sole founder. After all, logically, he cannot ask permission from himself to take a vacation, so his order for vacation is issued without any application or only on the basis of a notification.
Thus, based on the subordination and grounds for hiring the general director, the following documents can be drawn up when applying for leave:
- For an invited director - minutes of the meeting of founders or a notice;
- For the boss from the founders - a protocol or, again, a notification;
- For the manager who is the sole owner of the company, only a notification.
Leave permission
Leave for company employees is approved by the director. It is he who puts the visa on the leave application and signs the corresponding order. Then who will give permission for the director to go on vacation? There are two options.
If the director is the sole founder of the company, he signs the vacation order with his own hand. There is a unified form of vacation order T-6. There is no need to write a vacation application.
The procedure for granting leave to a director should be looked at in the company’s charter in the following cases:
- besides the director there are other founders;
- the director is not the founder of the company.
If the decision to leave a director is made by the board of founders, the head of the company should write a statement. The founders will review the document and draw up minutes of the meeting. If the decision is positive, an order for the director’s annual leave is issued. The order can be drawn up in any form; the document is signed by the authorized founder.
Application for leave and meeting of participants
If the director is the only founder, then there are no problems. He simply signs the order himself and transfers responsibilities.
But the charter of the LLC may stipulate that the decision on vacation is made by the board of directors or participants at a general meeting. Then the director needs to submit an application to agree on a date with the participants. This must be done when preparing a vacation schedule.
The application is as simple as possible: “Please schedule me an annual paid vacation from this date to this date,” date, signature. All. It is written to the chairman of the general meeting or to the name of the person with whom the director is obliged to coordinate the vacation - this is specified in the employment contract.
This application is considered by the participants at the general meeting, and the directors include it in the vacation schedule. Then you need to issue an order.
But there is no need to write a vacation application to the director before the vacation itself - just agree on the dates in the schedule and then simply issue the order and go on vacation.
How to draw up a vacation order for the CEO and who signs it
To register a manager's leave, the same forms of orders are used as for other employees. The most common is the unified T-6 form, but you can develop your own.
Let us dwell on one important question that arises for everyone who draws up such a document for the first time. Vacation orders for ordinary employees are signed by the general director, but who endorses the vacation order for him? There are two options. If the decision to rest the general director was made by the general meeting, the order can be signed by its chairman (or another authorized person for these actions). If the decision is made by the director independently, he himself endorses the order (letter of the Federal Service for Labor and Employment dated March 11, 2009 No. 1143-TZ), and also signs in the field “I have read the order.”
A sample leave order for the CEO can be downloaded here.
Leave order
The vacation order is filled out using form T-6. It is unified, you don’t have to change it, just fill in the blank lines. The order is signed by the director himself. This can be done both in the case where the director is the only founder, and in the case where the issue of leave is decided by the participants.
If the CEO is the owner of the company
When the head of a company is at the same time its sole owner, he has no problems with issuing a vacation order and determining its duration. In this case, he independently and arbitrarily includes himself in the vacation schedule at any time convenient for him. He does not need to write an application for another vacation, like all employees.
If such a manager decides to go on vacation outside of the general schedule, he still does not have the responsibility to fill out an application. He must sign an order for his own leave.
The general director's leave order must delegate his powers to the person in charge. As a rule, a list of them is indicated in the same document. This may be representation of the company’s interests in the Federal Tax Service, government agencies, or more expanded powers to conclude contracts. In the second case, potential partners will definitely request an Order indicating the terms of reference of the temporary deputy.
The law allows for the drawing up of separate orders: on the leave of the general director and on the transfer of powers. There is no standardized form provided. Therefore, they are formed in any form using office work rules.
In addition to them, a notarized power of attorney for the right to sign is issued to the person who will perform the duties of the general director. It is compiled on the basis of a Letter from the Ministry of Finance issued in 2012. In some cases, it may be necessary to sign an additional agreement to the employment contract of an employee who remains to replace the manager during his absence (Article 151 of the Labor Code of the Russian Federation).
If the CEO is an 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.
Required documents
When your boss leaves, you need to prepare:
- The decision of the company owners, if the director is hired; if the owner - go straight to the second point.
- Vacation order.
- A normative document on the temporary assignment of the duties of the first person to another employee, for example, to the first deputy.
- A power of attorney to represent interests, which may be needed, for example, in court or a bank (for a court, an order for temporary performance of duties will not be enough, see Letter of the Ministry of Finance of Russia dated September 25, 2012 No. 03-02-07/1-227).
It is also necessary to take care of the manager’s vacation pay in advance, which should be transferred to him three days before leaving for vacation.
Where should I register?
Companies, at their discretion, can organize the recording of order documentation, depending on the number of working personnel of the enterprise.
For example, to register various leave orders in organizations with a large staff, the following journals are created:
- on granting vacations;
- to record orders to postpone the vacation period of employees;
- about employee reviews from vacation.
Logs must be kept on paper, but an electronic version of such documentation is also allowed.
Below is a sample log of vacation orders:
How much and where is it stored?
The storage of leave orders is regulated by the norms of Order No. 558 of the Ministry of Culture.
But enterprises have the right to independently make decisions on the timing and procedure for storing documentation.
The storage period for a leave order is:
- 5 years if it is not included in the employee’s personal file;
- if the procedure established at the enterprise provides for the inclusion of the order in the personal file, then the storage period is 75 years.
Personnel officers need to familiarize themselves in detail with all the nuances of processing and storing leave orders in order to avoid claims from any inspection authorities.
How to familiarize and how to notify about the start of a vacation?
An important point is to familiarize the general director and other employees with the upcoming vacation. The most important thing in this matter is timeliness.
An employee must learn about his vacation at least 2 weeks before it starts.
The HR officer needs to issue a written notice of the upcoming vacation, show or read it to the general director and get his signature on this document.
By signing, the manager confirms his agreement with the order.
It is important to notify not only the director or employee about the upcoming days of rest, but also the accounting department, which must accrue vacation pay to him and issue it before the vacation.
The notification is written in any form:
How to formalize the transfer of authority?
When the director has a deputy, then the director going on vacation will not create problems, and all powers will be exercised by the second person of the enterprise.
In the absence of such an official, the replacement is assigned to the selected responsible employee. He must be appointed by a separate order during the absence of the manager.
He may be given additional pay for temporarily performing the duties of the general director.
Note! Even with a minimum vacation of the first manager, it is necessary to issue an order assigning his powers to an employee of the organization, in order to ensure the legal validity of signing documents.
This is what an order to replace a director during his vacation looks like:
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| Katerina [email protected] Belarus, Minsk Wrote 36 messages Write a private message Reputation: | |
| Reset pl. sample order for granting labor leave to the director | |
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| Ciardi [email hidden] Belarus Wrote 23773 messages Write a private message Reputation: 3506 | #2[194404] June 23, 2010, 2:14 pm |
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| tikhan [email protected] Novogrudok Wrote 6516 messages Write a private message Reputation: 1846 | #3[194406] June 23, 2010, 2:14 pm |
Order on granting leave ______________________ OKUD code 0224620004 Name of organization ORDER ______________ No. __________ Place of publication On granting leave SUBMIT: ________________________________________________________________________________ last name, first name, patronymic ________________________________________________________________________________ name of position (profession), qualification rank (class, category) ________________________________________________________________________________ name of structural unit ________________________________________________________________________________ type of leave for _____________________________________________________________________________ number of calendar days of vacation from _________________________________ to _________________________________ date date for the period from _________________________________ to _________________________________. date date Reason: Name of the position of the head of the organization Signature Explanation of signature Visas I have read the order Signature Explanation of signature Date I want to draw the moderator’s attention to this message because:
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"Opinions of the authors may not coincide with his point of view." (V. Pelevin)| s4epka [email protected] Belarus, Minsk Wrote 123 messages Write a private message Reputation: | #4[194413] June 23, 2010, 2:18 pm |
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| Ciardi [email hidden] Belarus Wrote 23773 messages Write a private message Reputation: 3506 | #5[194419] June 23, 2010, 2:20 pm |
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| tikhan [email protected] Novogrudok Wrote 6516 messages Write a private message Reputation: 1846 | #6[194420] June 23, 2010, 2:22 pm |
s4epka wrote:
I am going on labor leave lasting 30 calendar days from May 00, 2000 to June 00, 2000 for the period from 00.00.2000 to 00.00.2000
Scroll: CORRECT EXECUTION OF ORDERS FOR LEAVE AND TRAVEL OF A DIRECTOR
It should be noted that the use of wording in orders such as “I’m leaving on vacation...”, “I’m interrupting my vacation...”, “I’m leaving on a business trip,” etc. is unlawful, since orders prepared in this way contain only a statement of the fact that the manager is “departing” on vacation or a business trip, but lacks the most important part of the order as a legal act - the administrative part. It is this part that is the basis, for example, for accounting when calculating and paying travel expenses. In addition, such wording contradicts the requirements of regulatory legal acts of the Republic of Belarus regulating relevant issues. Thus, clause 2.4.1 of the Sample Instructions for Office Work establishes that the text of the order consists of a stating and an administrative part. The ascertaining part sets out the facts that served as the basis for issuing the order. The administrative part of the order begins with the word “I ORDER”. A peculiarity of the execution of orders for personnel, which include orders for granting leave and business trips, is that the ascertaining part is absent in them. The text of the administrative part usually begins with a word denoting the action being documented (ACCEPT, TRANSFER, FIRED, PROVIDE, SEND, etc.). The command word I ORDER is, as a rule, not used in such orders (although exceptions are possible when drawing up complex orders, i.e., consisting of several points). In any case, the order must contain a command word (printed in capital letters) and the prescribed action. Entries like “I’m leaving on vacation”, “I’m leaving on a business trip” do not meet such requirements and are anachronisms. In addition, the Labor Code of the Republic of Belarus does not provide for such concepts as “going on vacation”, “interruption of vacation”, “departure on a business trip”, and in appropriate cases operates exclusively with the terms “providing leave” (Articles 150, 153, 157 and 158 ), “recall from vacation” (Article 174), “send on a business trip” (Articles 93 and 94). 09/14/2007 Andrey Rybakov, Candidate of Historical Sciences, Director of the Belarusian Research Institute of Documentation and Archival Science
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"Opinions of the authors may not coincide with his point of view." (V. Pelevin)| Katerina [email protected] Belarus, Minsk Wrote 36 messages Write a private message Reputation: | #7[194435] June 23, 2010, 2:46 pm |
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| Ciardi [email hidden] Belarus Wrote 23773 messages Write a private message Reputation: 3506 | #9[194483] June 23, 2010, 15:57 |
Katerina wrote:
and if a shift in the working year occurred (there was a period from November 22, 2008 to November 21, 2009, because I was on vacation. The salary was saved for more than 14 calendar days, the period became from November 22, 2009 to December 17, 2010), then indicate the period displaced?
I usually indicate the working year
as it is planned in my vacation schedule: from 11/22/2009 to 11/21/2010... And I make the shift at the beginning of the next working year: from 12/18/2010 to 12/17/2011 You have a typo “there was a period from 22.11.
2008
to 21.11.
2009
"" began the period from 22.11.
2009
to 17.12.
2010
» Or was the employee on social leave without pay for more than a year?
s4epka wrote:
Mmmmm, thanks, maybe someone can show me their order)
see version tikhan
a
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Quote:
s4epka wrote: MMMM, thanks, maybe someone can show me their order) see tikhan's version
I'm interested in the order itself: what should I write instead of decreasing? I ORDER? PROVIDE HOLIDAY? to the director and below is the signature of Director Kh.Kh. Poop???
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The CEO goes on vacation - how to assign responsibilities to another employee
When going on vacation, the CEO must delegate his responsibilities and powers to someone else who will lead the company during his absence. To do this, the following documents are prepared:
- An order to transfer the responsibilities of a manager to another employee. There is no unified template for such a document, so it is compiled in any form.
- A power of attorney is issued for the employee who will temporarily replace the manager (letter of the Ministry of Finance of the Russian Federation dated September 25, 2012 No. 03-02-07/1-227).
- There may be situations when it is necessary to conclude an additional agreement to the employment contract, providing for additional payment (Article 151 of the Labor Code of the Russian Federation), if the replacement employee will combine positions.
IMPORTANT! If during the absence of the general director his functions are performed by a deputy, there can be no talk of combining positions, since the replacement is his direct responsibility. Of course, the relevant provisions must be recorded in the employment contract with the deputy or the job description (letters from Rostrud dated 05.24.2011 No. 1412-6 and the Ministry of Health and Social Development of the Russian Federation dated 03.12.2012 No. 22-2-897).
Sample power of attorney
POWER OF ATTORNEY
to represent the interests of the organization
"____"________________ G. ________________
LLC "___________" represented by director _______________, acting on the basis of the Charter, this
(name) (full name)
authorizes the deputy director _______________________ with a power of attorney, passport series _________
(FULL NAME)
No. _______, issued by “____”_________________ __________________ District Department of Internal Affairs of the city ___________, to represent the interests of LLC “________________” to conduct business in institutions, enterprises, organizations, to enter into business transactions
(Name)
contracts, receive all necessary documents, put your signature on all necessary documents, including the contract, perform other actions and formalities related to the conduct of business activities of ______________ LLC.
(Name)
(Options: accept, transfer inventory, sign transfer deeds, conduct purchases, open (close) bank accounts, etc.).
The powers under this power of attorney cannot be transferred to other persons.
The power of attorney is valid on __________________________.
(date is written in words)
I hereby certify the signature _____________________ _____________________________________________________.
(signature is placed) (full name of the person whose signature is being verified)
Director ___________________
The power of attorney is issued in simple written form, signed by the director or other person authorized to do so by the organization’s charter, and sealed with the organization’s seal (clause 5 of Article 186 of the Civil Code). Such a power of attorney is not required to be notarized.
After proper transfer of authority, the bank should be notified. The organization submits to the bank:
- a temporary card with a sample signature of a person who has been granted the right to sign documents, the accuracy of which is certified by the organization, or a power of attorney issued to a person who has the right to first sign documents for making payments in non-cash or cash form, containing a sample of his signature;
- a copy of the order on the transfer of powers.
The procedure for issuing a temporary grant of the right of first signature is regulated by Instruction No. 127. A sample bank card is given in the appendix to Instruction No. 127. The procedure for filling it out and submitting it to the servicing bank is specified in clause 33 of Instruction No. 127.
Document:
Instructions on the procedure for opening and closing bank accounts by banks and non-banking financial institutions, approved by Resolution of the Board of the National Bank of the Republic of Belarus dated June 20, 2007 No. 127 (hereinafter referred to as Instruction No. 127).
Option 2. The organization has several deputy directors
If the director has several deputies, then when he goes on vacation, he must issue an order that identifies a specific deputy who will perform the duties of the director during the vacation period (unless this is provided for by the order on the distribution of job responsibilities (paragraph six of clause 10 of the General Provisions of the EKDS)) .
In this case, we draw up the same package of documents:
- leave order;
- order on the transfer of powers;
- power of attorney.
Option 3. The organization does not have deputy directors, but there are other full-time employees
In the absence of a deputy director, his responsibilities can be transferred to other employees of the organization (for example, the head of a department, chief accountant, engineer, etc.) based on the norms of labor legislation on temporary substitution.
In this case, we draw up the above documents (vacation order, transfer of authority order and power of attorney), but with some features in the content. For example, an employee who will perform the functions of a director during his vacation is entitled to an additional payment for combining duties on the basis of Art. 68 Labor Code, therefore this must be indicated in the order.
Document:
Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code).
For reference:
authorized official of the employer - the head (his deputies) of the organization (separate unit), the head of a structural unit (his deputies), a foreman, specialist or other employee who is granted by law or the employer the right to make all or individual decisions arising from labor and related to them relations (Article 1 of the Labor Code).
Methods for replacing a director
We have sorted out the transfer of powers. However, in addition to this, the replacement of the director’s position should be documented. And depending on the replacement method, there are several design options. Let's look at them.
1. The director has a full-time deputy and the duties of the replacement are specified in his employment contract and job description. Some experts believe that in this case there is no need to issue an order and draw up a power of attorney. But we think differently: regardless of whether the duties for replacing the director are specified in the employment contract, job description, both the order and the power of attorney are needed. At the same time, it is enough to issue them once, and not every time when the director goes on vacation, because in addition to vacation, he may be on sick leave, on a business trip, etc. The order states that the performance of the duties of the director is assigned to the deputy director during his absence .
Sample order for granting labor leave
ORDER
«____»________________ № _______
About granting labor leave
Provide _______________________, director of LLC “______________________”, with part of the labor leave
(full name) (name)
in the amount of 14 calendar days from 07/27/2016 to 08/09/2016 inclusive for the working year 10/20/2015–10/19/2016, including the main vacation - 14 calendar days.
Sample order on transfer of powers
ORDER
«____»________________ № _______
On the transfer of powers of the director
1. In the period from 07/27/2016 to 08/09/2016, assign the duties of director of LLC “___________________” to the deputy director ____________________ without exemption from
(full name) (name)
main job.
2. Grant ________________ the right of first signature on financial and economic documents,
(FULL NAME)
including banking, for the period of temporary absence of the director.
3. Issue ____________________ power of attorney for the right to represent the interests of LLC "______________"
(full name) (name)
in relations with third parties during the temporary absence of the director.
4. This order should be brought to the attention of all employees of LLC "___________".
(Name)
Director ___________________
I have read the order ___________________
«____»________________
Responsibility of the director during vacation
Appoint deputies during vacation in the interests of the director himself. Otherwise, the manager, even during rest, will bear financial, administrative and criminal liability. A formalized order for the transfer of powers will help avoid negative consequences.
Let us remind you that the director bears full financial responsibility for direct actual damage caused to the organization - this is established by Article 277 of the Labor Code of the Russian Federation. Civil liability is imposed on the director by paragraph 2 of Article 71 of the Federal Law of December 26, 1995 No. 208-FZ and paragraph 2 of Article 44 of the Federal Law of February 8, 1998 No. 14-FZ.
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.
Is it possible to recall a director from vacation?
Separately for the manager, the issue of recall from vacation is not regulated by law. Therefore, we use the general norms of labor legislation (Article 125 of the Labor Code of the Russian Federation).
Who makes the decision to revoke?
This decision can be made either by the general meeting or by the head of the organization himself. In the first case, a protocol is drawn up. And, like other employees, the director must also give his written consent (Article 125 of the Labor Code of the Russian Federation).
This is important to know: Leave report: sample 2021
The decision to recall a director from vacation can be made at a meeting of the general meeting and documented in minutes and an order issued on its basis. Do not forget that, like any other employee, the director must give his written consent to leave his vacation early (Article 125 of the Labor Code of the Russian Federation).
In the second option, the director interrupts the vacation on his own initiative. This is documented by an order on early departure from vacation, see sample Order on early departure of a director from vacation.
Results
A leave order for the general director is issued according to the same rules as for an ordinary employee. The order can be signed either by the manager himself or by a person authorized to do so. When going on vacation, the director must delegate his responsibilities and powers.
Sources
- https://www.klerk.ru/buh/articles/418965/
- https://gosuchetnik.ru/shablony-i-formy/instruktsiya-oformlyaem-prikaz-na-otpusk-direktora
- https://buhdzen.ru/kadry/otpusk/obrazec-prikaza-na-otpusk-direktora/
- https://FondBiz.ru/dokumenty/prikaz-na-otpusk-generalnogo-direktora-obrazec.html
- https://truddogovor.ru/prikaz-na-otpusk-direktora/
- https://www.klerk.ru/job/articles/462974/
- https://delo.modulbank.ru/all/directors-vacation
- https://nalog-nalog.ru/kadrovye_dokumenty_i_obrazcy/obrazec_prikaza_na_otpusk_generalnogo_direktora/
- https://alaws.ru/prikaz-na-otpusk-generalnogo-direktora/
- https://clubtk.ru/forms/otpusk/prikaz-na-otpusk-generalnogo-direktora
