Constitution and Labor Code The Russian Federation contains a direct ban on forced labor. Thus, the employer does not have the right to prohibit an employee from leaving his job, even if he is the director of the enterprise. Application for dismissal of the director of at will is a written document by which he informs his employer of his intention to terminate his employment labor Relations.

Dismissal of the general director of an LLC at his own request

Dismissal of a company director at his own request is regulated by Article 280 of the Labor Code of the Russian Federation.

It says the following:

1. The head of the enterprise has the right to decide to terminate the employment relationship before the expiration of his employment contract.
2. He must notify the owner (founder) or his legal representative about his decision.
3. The notice period for dismissal is 1 month.
4. The warning must be given in writing.

This article does not say that the manager must write a letter of resignation. You can warn the employer by any other written document.

But according to established practice, the desire to quit is most often formalized in a statement.

Application procedure:

1. The manager draws up a statement.
2. Gives it to the employer. It is best to draw up an application in two copies, on one of which put a mark indicating that the document has been accepted.

You can submit an application more than 1 month in advance, but in any case, if the minimum period is met, the director must dismiss on the date he indicated in the application.

How to correctly calculate the notice period for the owner about dismissal?

The procedure for dismissing a manager will look like this:

1. Writing an application and bringing the application to the attention of the founders (owners).
2. Transfer of cases to a specially created commission. Typically, the procedure for handing over a manager’s affairs upon dismissal is prescribed in local regulatory documents.
3. . The basis is indicated. The order may be issued on the date of dismissal or earlier. This order is signed by the manager himself, since the day of dismissal is the last day of performance of his duties.
4. Directly on the day of dismissal, the employee is given all payments due to him, which include wages and compensation for unused vacation (if any).

When indicating the date of dismissal, it is written without the preposition “s” so that there are no discrepancies in the interpretation of the application. Example of writing: I ask you to dismiss me at your own request on 04/01/2018.

Sample order for the dismissal of the general director

The order can be drawn up on the unified T-8 form, or in free form. In the case of the dismissal of a director, issuing an order in free form allows you to enter into it not only information about the dismissal, but also additional measures. For example, the need for an employee who assumes managerial powers to accept the seal and the original of the statutory documents.

You can download an example of an order for the dismissal of a general director.

If LLC participants ignore the director’s resignation letter

Sometimes a situation arises in which the founder. In this case, you need to send it by mail.

The nuances of sending such an application:

1. It must be sent to the official address of the owner. If there are several of them, then it would be advisable to send an application to each of them.
2. It’s better not to just send an application by registered mail, and make an inventory of the investment. This will be proof that the envelope contained a statement and not another document.
3. It must be taken into account that the warning period will not be counted from the date of dispatch, but from the date of receipt of the letter by the addressee, therefore, the time for delivery of the letter must be added to the monthly period.
4. The progress of the letter must be tracked on the Russian Post service. If the addressee does not receive the letter and it is sent back, it must be picked up at the post office and asked for a document explaining why the letter was returned. This can be either the expiration of the storage period or the recipient’s refusal to receive it.
5. You can appeal the received letter to the State Tax Inspectorate, the prosecutor's office or the court. The letter will serve as proof that the employee (director) tried to notify the owner of his dismissal.

You can send a notice of your desire to resign via telegram.

An application for leave from the general director (sample below) is considered at the general meeting of the owners of the organization, since they are employers for the first person of the company.

Application for director's leave sample (2017)

Let’s make a reservation right away that all issues related to the activities of the company’s first person, including writing an application for 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 a director is decided at a general meeting of founders, the director will have to contact the general meeting of founders and discuss the issue of his leave at this meeting. Moreover, there the issue of candidacy of the person who will perform the functions of the chief during his absence will have to be resolved. The results of the meeting are documented in minutes, information from which serves as the basis for including relevant information in the schedule, and further, for issuing an order to grant leave to the manager.

Sample protocol

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

Sample order in free form

If the company's charter 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 a deputy during his absence.
3. Enters information about your vacation into the vacation schedule.

Application for leave of 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, signs it himself and reads it. In this case, the order is issued in the unified form T-6.

Sample order in form T-6

Who can act as a director in his absence?

The duties of a manager during his absence can be performed by:

1. Full-time deputy, employment contract and job description which contains provisions on the temporary performance of duties of the chief in his absence.
2. An employee of the organization in order to combine positions.

Remuneration in the first case is regulated by Explanations on the procedure for payment of temporary substitution 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 a temporarily absent director is replaced, an additional payment for replacement must be established.

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

In any case, when performing the duties of a director, regardless of the reasons for his absence, an order is issued, which is the formal basis for carrying out the relevant activities in the temporarily filled 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: interim is used when replacing a temporarily absent employee whose position is retained, for example, due to temporary disability.

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

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

Transfer of powers during the performance of duties

Carrying out formal activities to replace an absent director entails the emergence of corresponding rights, duties and responsibilities for the replacement employee. But if an order within the company is sufficient to carry out legally significant actions, then for cooperation with third-party organizations a power of attorney may be required, for example, to represent interests in court.

The power of attorney must be executed on the organization's letterhead, contain information about the time and place of its writing, validity period, signature of the organization's first person and 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. It also needs to formulate a list of specific powers available to the performer. In this case, general phrases should be avoided, all wording should be as specific as possible, avoid double interpretations, and the names of the institutions in which it is planned to represent interests should be written in full to avoid misunderstandings.

According to its standards, an employee who wants to terminate his 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 write a statement himself in this case?

If he is the only founder

A fairly common method of conducting commercial activities is the creation of an LLC, in which the founder and owner simultaneously assume the responsibilities of the head of the organization.

This option is specifically provided for in Article 273 of the Labor Code of the Russian Federation. It says that the norms labor law regulating the work of the manager legal entity, do not apply here. In this case, there is not even a need to conclude an employment contract: the employee and the employer are one and the same person.

If the same person is the owner of the organization and its manager, there is no need to submit a document. If such a person wants to “resign”, he only needs to issue the founder’s decision to appoint a new manager and begin the procedure for making changes to the Unified State Register of Legal Entities.

If he wants to quit himself

If the general director and sole founder is different people, or the organization belongs to several co-owners, then the norm provided for in Art. 280 Labor Code of the Russian Federation. According to it, it happens on the basis of his statement.

Article 280 of the Labor Code of the Russian Federation. Early dissolution employment contract on the initiative of the head of the organization

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

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

Who is the CEO writing to?

According to Art. 280 Labor Code of the Russian Federation, a manager who wants to resign must submit an application in the name of his employer. In relation to the director, he is a person or several persons who are the owners of the organization’s property:

• for commercial organizations - its participants (shareholders);
• For unitary enterprises– state or municipal body who decided to create 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 joint-stock company, 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 a municipal unitary enterprise, the director must submit an application to the head of the local administration etc.

Instructions for paper preparation

The legislation does not contain mandatory requirements on how exactly a document such as a letter of resignation of a director should be drawn up. Based general principles 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, a copy is sent to each of them.
2. Name and position of the sender (for example: “General Director of Fortuna LLC I. S. Ivanov”).
3. Contents of the statement. It must express the desire to resign as director.
4. The period from which the manager asks to fire him. The legislation also provides for a certain time for notice of dismissal.
5. Sender's signature.

Important: since the decision to dismiss is made only general meeting 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”.

Notice period for leaving

Just like a regular employee, The notice period for dismissal also applies to the head of the organization. It is provided for in Article 280 of the Labor Code of the Russian Federation and is 1 month.

Moreover, according to , the duration does not depend on whether a permanent or fixed-term (for the time provided for by the organization’s Charter) employment contract was concluded with the managerial employee.

However, as in the case of ordinary employees, the provision of this article does not mean that the one-month period should be applied in every case. The director has the right to give notice of his dismissal for longer time, 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 to himself, make and pay himself the payments provided for by the Labor Code of the Russian Federation upon dismissal of an employee.

Important: Moreover, by virtue of the norms of Federal Law No. 402 “On Accounting”, the resigning director must take measures to preserve the constituent documents, reporting, and other materials for which he is personally responsible. The measures may include transfer to a notary for safekeeping.

Is it possible to revoke a document?

Although work activity managers is regulated by Chapter 43 of the Labor Code of the Russian Federation; it does not say anything about the director’s right to withdraw his resignation letter. Hence, here it is necessary, by virtue of Article 251 of the Labor Code of the Russian Federation, to be guided by general norms.

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

Peculiarities of labor regulation - norms that partially limit the use of general rules on the same issues or providing additional rules for certain categories of workers.

And Article 80 of the Labor Code of the Russian Federation precisely provides for the employee’s right 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 period for this is the entire time until his employer (owner of the property) decides to appoint a new director.

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

It should be taken into account 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 relating to such issues (in the case under consideration - Article 33 of the Federal Law “On LLC”, which describes the competence of the general meeting ). Consequently, if the application is withdrawn, the general meeting must cancel the previously adopted decision.

Like other employees, the director can apply for resignation. However, he can do this only in cases where he is not the only participant organizations. In this case, when considering the application, the norms of both labor and civil law are applied.

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How leave is granted to CEO?

According to the provisions of the Labor Code of the Russian Federation, any employee of an organization has the right to leave:

• without pay (administrative leave);
• paid annually.

According to Art. 123 of the Labor Code of the Russian Federation, if we are talking about paid rest time, then information about it must be included in the vacation schedule, which is drawn up at the enterprise and is binding on both employees and their managers. In this case, the employee must be notified of the start of vacation 2 weeks in advance.

If the schedule specifies specific dates and the rest period does not shift, the employee is not required to write a vacation application. However, in practice, in many government institutions or commercial organizations such a statement is written despite the absence of an obligation. This is justified by the fact that the application is the basis for issuing an order to grant leave.

If we are talking about unpaid leave, the employee (including the director) must write a statement and indicate in it the period of rest.

For reference: the director is hired workers- accordingly, the rules apply to it labor legislation. His legal status within the framework of employment, it is stipulated in the employment contract. The duration of the next paid leave is also fixed there.

To whom does the CEO write a vacation application?

A director can write an application for leave either to himself or to the general meeting of shareholders, the general meeting of an LLC or another collegial executive body of the organization. In what cases is one or the other option used?

Don't know your rights?

If the director is the sole founder or constituent documents If the enterprise indicates that the issue of providing him with rest time is decided by him himself, then the director writes an application for leave to himself. A sample application can be downloaded from our website.

If the decision on vacation is made by a collegial executive body (for example, the general meeting of an LLC), the director writes a statement/notification of his desire to go on vacation, after which a decision on this issue is made at a meeting of the organization’s participants. After the decision is made, the order is signed by the chairman, members of the organization or other persons specified in the charter. The director must be familiar with the document. In case of refusal to sign, a corresponding act is drawn up.

A sample order can be approved by a local act of the enterprise, although it is also possible to use the unified form T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1.

How does a director arrange a vacation for himself?

If the director has received the authority to independently decide questions about his rest time, it is not necessary to write a statement. It is enough to do the following:

1. Submit a vacation order with your signature.
2. Draw up an order for the main activity on assigning their duties during the vacation to an authorized person.

For reference: despite the fact that the director has the right to independently decide on the time of rest, he must also be notified of its start 2 weeks before the expected date. As a rule, this is done by an employee of the HR department.

Thus, the general director writes a vacation application to himself only if it is a vacation without pay, the rest period reflected in the vacation schedule changes, or the issue of granting vacation is resolved by a collegial body of the organization (for example, a general meeting). Otherwise, writing an application is not necessary, although it is recommended, since it is a document that, in addition to the vacation schedule, provides the basis for issuing an order to grant vacation.

23.08.2019

In accordance with current legislation Russian Federation, every officially employed citizen has the right to apply for.

The director of the company is responsible for reviewing and signing the application. In turn, the latter, along with everyone else, can count on being granted leave. At the same time, the preparation of documents has a number of features.

Should I write?

To whom and in whose name should it be registered?

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

In a similar way, the question of who signs the document from the general director of the LLC is resolved, if it is issued, and to whom it is written

Important! If the company has a pre-drawn schedule for the distribution of vacations, then there is no need to write anything.

If the company has LLC status, the manager writes an application paper addressed to the chairman of the meeting of founders. In addition, the entire meeting as a whole can act as the recipient.

It happens that a company is managed by one person, being the manager and founder. To whom does the CEO write to the only founder, should he write a statement to himself?

If the director has not provided for his vacation in advance in the schedule, then in a situation where he is the sole founder of the company, the director writes a statement for himself. If there is a schedule, this action may not be carried out. Instead, a notice of leave must be completed and signed, which must be created at least 2 weeks prior to release from work.

How to compose?

There are 2 options for writing a leave application for the CEO. In the first case, it is assumed that the addressee of the document is the chairman of the meeting, in the second - the head himself, who is the founder in the singular.

If the application is written to the chairman of the general meeting of founders of the LLC, then it must include the following information:

• Company name;
• Full name and position of the addressee in whose name the application is written - chairman of the meeting of company participants;
• Full name and position of the citizen who prepared the form;
• name of paper;
• main part;

Includes a request to consider and make a decision at the general meeting on the issue of granting annual paid leave to the manager.

• signature with transcript;
• date of writing.

At the meeting, the event participants make a decision on the issue raised.

When a positive verdict is made, the founders draw up a protocol. In it they display the following data:

• name of company;
• document's name;
• place and date of compilation;
• information about the agenda - the issue being resolved;
• resolution of the meeting - verdict;
• information about voting, for example, “voted: for, unanimously”;
• Full name of the chairman and secretary;
• signatures and full names of the founders who have read the protocol;
• director's personal file number.

Sample

Below is an example of an appeal from a general or ordinary director addressed to the chairman for discussion at a general meeting.

For the sole founder of LLC

If the general director is the only founder of the LLC, he writes a vacation application to himself.

If there is an appropriate schedule, this action is not necessary.

In most cases, managers decide to draw up such a form. It is formatted in a standard manner.

There is no unified form for drawing up the document, so it can be filled out freely.

For writing, you can use company letterhead or A4 sheet. Compliance with the rules of the Russian language is mandatory. The narration style is businesslike.

The following points should be noted in the application:

• name of the enterprise;
• Full name of the addressee in whose name the application is written - details of the general director of the founder, who is the only one in the LLC;
• Title of the document;
• Full name and position of the employee who compiled the form;
• The main part is the request for leave. The desired period of rest is also indicated here and exact date the first day of vacation;
• date of writing;
• signature and its decoding.

If the manager has not prepared a statement, he needs to draw up a notification for himself and sign the specified document himself.

Who signs?

It is important to remember that the technology for writing a statement and determining the person who signs it depends on the company’s charter.

If a document is drawn up in the name of the main chairman of the general meeting, it must contain the signatures of all founders and the secretary.

Important! When writing a document yourself, which is issued in your own name, you must reserve it with a personal signature.

The issue of signing a vacation order is resolved in a similar way. In accordance with the rules, the signature on the document must be left by the first person of the organization - the general director. That is, the manager draws up the order himself and signs it himself, if he is the only founder. Otherwise, this function is entrusted to the chairman of the meeting of founders of the LLC.

An order of this type is issued using the unified form T-6 or T-6A. During the absence of the head of the company, his deputy must be appointed. If there is none, the director can choose any employee whom he considers most responsible.

Useful video

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

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

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