We arrange a vacation for the CEO. Can the CEO write a letter of resignation of his own free will How to write a vacation letter to the director correctly

Vacation request from CEO(sample below) is considered at a general meeting of the owners of the organization, since they are employers for the first person of the company.

Director's leave application sample (2017)

Let us make a reservation right away that all issues related to the activities of the first person of the company, including writing an application for the leave of the General Director, are directly related to the provisions enshrined in his employment contract and the Charter of the organization.

If the Charter contains information that the issue of granting leave to the director is decided at the general meeting of founders, the head will have to apply to the general meeting of founders and discuss the issue of his vacation at this meeting. Moreover, it will also be necessary to resolve the issue with the candidacy of a person who will perform the functions of the chief during his absence. The results of the meeting are documented in a protocol, the information from which serves as the basis for including the relevant information in the schedule, and further, for issuing an order to grant leave to the head.

sample protocol

The order in this case is issued in free form, because it will be signed by the person presiding at the general meeting, who is not the director of the organization.

Sample order in free form

If the Charter of the company provides that the general director himself has the right to decide when to go on vacation, he acts in the following order:

1. Notifies the owners of the organization of his intention to go on vacation (the director does not write a vacation application to himself).
2. Coordinates with the owners of the company the candidacy of the deputy during his absence.
3. Enters information about your vacation in the vacation schedule.

Application for leave of the director (sample) in the form of notification

When the time comes to go on vacation, the director instructs his subordinates to prepare an order for his vacation, he signs it himself and gets acquainted. In this case, the order is issued in the unified form T-6.

Sample order in the form T-6

Who can act as director in his absence

The duties of the head during his absence can be performed by:

1. State Deputy, labor contract and job description which contain provisions on the temporary performance of the duties of the chief in his absence.
2. An employee of the organization in the order of combination of positions.

The remuneration of labor in the first case is regulated by the Clarifications on the procedure for paying for temporary replacements dated December 29, 1965 No. 30/39. In the second case, according to Article 151 of the Labor Code of the Russian Federation, it is established by agreement of the parties. But in any case, no matter how the replacement of a temporarily absent director is carried out, an additional payment for replacement should be established.

The legislation also provides for other ways to replace an absent director, such as, for example, a fixed-term employment contract (), part-time work (), temporary transfer to another job (), but in practice they are applied, as a rule, when the first person of the organization is absent from work for a long period of time, but he retains his previous position (for example, parental leave).

In any case, in the performance of the director's duties, regardless of the reasons for his absence, an order is issued, which is a formal basis for the implementation of relevant activities in a temporarily occupied position.

How to place an order correctly

When issuing orders for the performance of duties, the question often arises: how to write correctly - temporarily acting (acting) or acting (io)?

There is a generally accepted rule: an interim is used when replacing a temporarily absent employee who retains his position, for example, due to temporary disability.

Io is used when an employee temporarily performs duties in a vacant position.

In principle, both options can be used, there is no fundamental difference, except for government organizations, where these issues are indicated in the relevant instructions.

Transfer of powers in the performance of duties

The implementation of formal activities to replace the absent director entails the emergence of appropriate rights, duties and responsibilities for the replacement employee. But if within the company an order is enough to perform legally significant actions, then a power of attorney may be required to cooperate with third-party organizations, for example, to represent interests in court.

The power of attorney must be executed letterhead organization, contain information about the time and place of its writing, the period of validity, the signature of the first person of the organization and the seal.

The power of attorney itself indicates the person to whom the power of attorney was issued, with full passport data, date of birth and place of registration. Also there it is necessary to formulate a list of specific powers available to the performer. At the same time, general phrases should be avoided, all wording should be as specific as possible, avoiding double interpretations, and the names of institutions in which it is planned to represent interests should be written in full to avoid misunderstandings.

Any dismissal of own will begins with a statement: and the general director also needs to write a statement if he is going to terminate ahead of schedule labor Relations.
The document includes several mandatory items.

1. To whom

The addressee is the one with whom the employment contract is concluded. Depending on who is the employer, the rule changes in whose name to write a letter of resignation to the CEO. If the labor agreement was signed by the owner of the company, you should contact him. If the manager was hired by an organization (for example, Management Company) directly to the company.

2. Title

Everything is simple here: the name of the document is indicated - “Statement”.

3. Text

In the text, the manager notifies his employer that he intends to end the employment relationship. To set the expected date of dismissal or not, the person decides individually, taking into account that the warning period is one month and begins to be calculated, like for ordinary employees, from the next day after the address is received by the addressee.

4. Signature

Under the text of the notice, a signature is put, the surname, initials and date of writing are indicated. No other information is provided here.

Sample letter of resignation from the CEO to the founder

The application is either sent by mail or handed over to the addressee. Then comes documenting dismissal of the director of an LLC at his own request, which consists of the following sequence of actions:

• determining whether a transfer of cases is necessary;
• if necessary, an audit is carried out;
• unused vacation days and compensation for them are counted;
• calculated wage in proportion to hours worked;
• it is determined whether the resigning person is entitled to any benefits and compensations;
• final settlement is made;
• documents are issued.

The decision is made independently if the director is the sole founder of the company. Or discussed at a meeting of the owners of the organization.

Nuances

If the director is the sole founder

In this case, the decision on the resignation of the manager's powers is made by him independently. The question to whom the director of the LLC writes a letter of resignation is not relevant. If the participant is the only one, and he is also the general director, then, as the head, this person issues a document on the termination of his activities, which he himself signs.

If the director is one of the founders

In this case, the employer is general meeting members who own the organization. In advance, each participant is sent a notice of an extraordinary general meeting, at which the issue of terminating the work of the head will be discussed. Termination of work is not necessarily dismissal. Sometimes a person gets tired of responsibility and turns to colleagues with a request to remove authority from him and transfer him to another job. As an example, you can focus on a sample application for the removal of the powers of a director:

If we are talking about dismissal, then the participants in the general meeting of the LLC do not have the right to refuse the general director to terminate the working relationship. The chairman acting on behalf of the whole society, on the basis of the decision of the meeting, puts the resolution “No objections” on the application. Following the meeting, a protocol is drawn up, which indicates the last day of work of the former leader and the name of the person who is elected to his position. At the same time, the date of entry into office of the new leader is determined. Based on the protocol, a dismissal order is issued, an entry is made in the work book.

If the director is an employee

In this case, the manager applies for dismissal:

• to the owner of the organization;
• or to the chairman of the meeting of founders, if there are many owners;
• or to a specific person who signed an employment contract;
• or to the organization on behalf of which the employment relationship was concluded.

An important point: if a top manager is an employee, the owner of the organization deals with the issues of hiring him and terminating working relations with him. For this reason, the general director is not entitled to independently issue an order to terminate the employment contract.

The manager warns the owner of the company about his decision to leave his position with the help of an application made in writing at least one month before last day work in the company Art. 280 of the Labor Code of the Russian Federation).

The law in this situation allows you to terminate the employment contract before the expiration of the notice of dismissal (part 2 Art. 80 of the Labor Code of the Russian Federation), as with an ordinary employee.

The head of the company, like any other employee, is entitled to annual holidays, according to article 122 of the Labor Code of the Russian Federation. Do I need to write an application for leave to the General Director, is there a sample? We will deal with the legal subtleties on these issues.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Legislative regulation

Otherwise, the constituent assembly must select an acting officer and issue an order appointing him. The main thing is to notify the tax authorities about this (application in form 14001) and the bank with which the company cooperates.

Power of attorney

This document is compiled when the director there is a need to assign some of the powers. This is done for a period of vacation, a long business trip, or when the director continues to work, but other employees require part of his powers.

The completed document must include the following information:

• Organization name and full name. director.
• Passport data, full name, position of the employee who replaces the head.
• Complete list of powers.
• The validity of the document and the possibility of its extension (if there is no specific expiration date, then the power of attorney is valid for a year).
• The date of the power of attorney and the signature of the head.

Power of attorney template:

Each employee of the organization has the right to rest and the director is no exception. That's right enshrined in the legislation of the Russian Federation. The Labor Code not only provides the right, but also gives clear information on how to use it.

Managers are already used to the fact that they draw up many documents with their participation in their own name. That is, the director writes to himself. But every time I have a strange feeling that something is wrong. And what about rest? Let's figure out how to properly apply for.

If the company is a joint stock company

On the one hand, the director is the same worker. And the rules apply labor law. An annual vacation of 28 calendar days is no exception. By Labor Code, it is enough to write an application for a vacation on time. But the organization's charter also regulates the design of the CEO's vacation.

As a rule, the charter prescribes that going on vacation must be agreed with the meeting of shareholders and approved by the minutes of the general meeting. The director addresses the meeting by writing a statement, which is written in free form (attached is an example). Then, already on the basis of this protocol, is released. The document is issued in any form, the standard T-6 form will not work here, since it can only be signed by the head of the organization. And in this case, the order is signed by the chairman of the meeting.

If you are a director and founder in one person

Let's figure out to whom the general director writes an application for vacation, if we are talking about an LLC. In this case, the design of the vacation depends on what is written in the charter. If, in addition to the general director, there are several founders and, according to the charter, the general director goes on vacation with the consent of the meeting of founders, then the procedure is similar to that described above for a joint-stock company.

If the vacation of the general director and the sole founder of the company is issued in one person, then you do not need to write an application for vacation. Together with all employees, the director must notify the personnel department at the end of the year on what dates he is going to rest in next year. Specialist personnel department puts this information into .

Before going on vacation, a correctly executed order in the form T-6, signed by the director himself, is sufficient.

Underwater rocks

Almost all documents in the company are certified by the signature of the CEO. The work of the organization does not stop while he is away for official business or on vacation. But at this point, the organization cannot issue documents signed by the director. How to proceed?

Some daily documents (for example, accounting) can be signed by other employees by proxy. We offer a sample power of attorney to transfer the right to sign.

You can also transfer your powers during the absence to another employee. This is done in the form of an order. It needs to prescribe the time for which the employee, and the conditions (payment, whether it is exempt from basic functions or must be combined). The order is signed by the general director or the chairman of the meeting of shareholders/founders. unified form no.

Conclusion

Just like any other person, the director cannot neglect his right to rest and must use his 28 days a year (Article 122 of the Labor Code of the Russian Federation). Vacation can be postponed, but you can not not rest for more than two years in a row, according to Art. 124 of the Labor Code of the Russian Federation.

According to its norms, an employee who wants to terminate an employment relationship with an employer must notify him in writing by submitting an application.

However, in most cases, it is the manager who acts as the employer, signing employment contracts. Should he himself write a statement in this case?

If he is the sole founder

A fairly common way of doing commercial activities is the creation of an LLC, in which the founder and owner simultaneously assume the duties of the head of the organization.

This option is specifically provided for by Article 273 of the Labor Code of the Russian Federation. She says that the rules labor law regulating the work of the head legal entity, do not apply here. In this case, it is not even necessary to conclude an employment contract: employee and employer are the same person.

If the owner of the organization and its head coincide in one person, the document does not need to be submitted. If such a person wants to “quit”, it is enough for him to issue only the decision of the founder on the appointment of a new head and start the procedure for amending the Unified State Register of Legal Entities.

If he wants to quit

If the CEO and sole founder - different people, or the organization is owned by several co-owners, then the rule provided for in Art. 280 of the Labor Code of the Russian Federation. According to her, it happens on the basis of his statement.

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

The head of the organization has the right to terminate the employment contract ahead of schedule by notifying the employer (owner of the property of the organization, his representative) in writing not later than one month.

In the same case, if the collegial body decides to dismiss the old one and appoint a new head (the board of founders in an LLC or directors in a joint-stock company), the director does not need to submit an application either. In this case, the basis for the dismissal will be the decision of the council duly recorded in writing and brought to his attention.

Who is the CEO writing to?

According to Art. 280 of the Labor Code of the Russian Federation, a manager who wants to quit must apply in the name of their employer. In relation to the director, he is a person or several persons who are the owners of the property of the organization:

• for commercial organizations– its participants (shareholders);
• for unitary enterprises- the state or municipal body that made the decision to establish it.

The specific procedure for considering an application is determined by the norms of the Civil Code of the Russian Federation and federal laws relating to individual organizational and legal forms. So, for example, in a JSC, an application must be submitted to the general meeting of shareholders - more precisely, the director must organize its holding and put the issue of his dismissal on the agenda. In MUP, the director must apply with a statement to the head of the local administration etc.

Paper design instructions

The norms of the law do not contain mandatory requirements on how exactly such a document as a director's resignation letter should be drawn up. Based on the general principles of office work, we can conclude that it should contain:

1. The name of the addressee - the founder of the LLC. If there are two or more of them, a copy is sent to each of them.
2. The name and position of the sender (for example: "General Director of Fortuna LLC Ivanov I.S.").
3. The content of the application. It must express a desire to resign as director.
4. The period from which the manager asks him to be fired. The legislation also provides for a certain time for a notice of dismissal.
5. Sender's signature.

Important: since the decision to dismiss is made only by the general meeting of participants, then if there are two or more of them in the LLC, the director, in addition to the application, must convene such a meeting in the manner prescribed by the Civil Code of the Russian Federation and Federal Law No. 14 "On LLC".

Warning notice period

As with a regular employee, the head of the organization also has a notice period for dismissal. It is provided for by Article 280 of the Labor Code of the Russian Federation and is 1 month.

At the same time, according to, the duration does not depend on whether a permanent or fixed-term (for the time stipulated by the Charter of the organization) employment contract was concluded with the manager.

However, as in the case of ordinary workers, the norm of this article does not mean that the one-month period must be applied in every case. The director has the right to give a longer notice of his dismissal, and the owner of the property, in turn, has the right to dismiss the director without waiting for the expiration of this time.

In cases where the warning period has passed, and the owner has not made a decision to appoint a new director, the old one has the right to issue for himself, make and spend the payments provided for by the Labor Code of the Russian Federation upon dismissal of an employee.

Important: at the same time, by virtue of the norms of Federal Law No. 402 “On Accounting”, the resigning director must take measures to preserve constituent documents, reporting, and other materials for which he is personally responsible. As measures may be the transfer to storage with a notary.

Can a document be revoked?

Although labor activity managers is regulated by chapter 43 of the Labor Code of the Russian Federation, it does not say anything about the right of the director to withdraw his resignation letter. Consequently, here it is necessary, by virtue of Article 251 of the Labor Code of the Russian Federation, to be guided by general rules.

Article 251 of the Labor Code of the Russian Federation. Features of labor regulation

Features of labor regulation - norms that partially restrict the application general rules on the same issues or providing for certain categories workers additional rules.

And Article 80 of the Labor Code of the Russian Federation just provides for the right of the employee to withdraw his application.

Therefore, in this case, the general rules apply:

• The director has the right to take back the document on his dismissal.
• The term for this is all the time until his employer (property owner) decides to appoint a new director.

The legislation does not contain rules on how a recall takes place. However, by analogy with the law in an LLC, this procedure will look like this:

At the same time, it should be borne in mind that, according to Article 5 of the Labor Code of the Russian Federation, when resolving labor issues, the norms of the Labor Code of the Russian Federation take precedence over other federal norms related to such issues (in this case, Article 33 of the Federal Law "On LLC", describing the competence of the general meeting ). Therefore, in case of withdrawal of the application, the general meeting must cancel the earlier decision.

Like other employees, the director can apply for dismissal. However, he can do this only in cases where he is not sole member organizations. At the same time, when considering an application, the norms of both labor and civil law are applied.

If you find an error, please highlight a piece of text and click Ctrl+Enter.