Constitution I. Labor Code RF contain direct ban on coercion to work. Thus, the employer is not entitled to ban an employee to quit from work, even if it is the director of the enterprise. Application for dismissal director own willing - This is a written document with which he informs his employer about the intention to stop with him labor Relations.

Dismissal of the Director General of LLC on their own

The dismissal of the director of the company 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 on the termination of labor relations before the expiration of its employment contract.
2. He must warn about his decision (founder) or his legal representative.
3. The dismissal prevention period is 1 month.
4. The warning must be done in writing.

This article does not say that the head must necessarily write a declaration of dismissal. You can prevent the employer to any other written document.

But on the current practice, the desire to quit most often issued by the statement.

Application procedure:

1. The head is a statement.
2. Gives him an employer. It is best to make a statement in two copies, on one of which to put the mark that the document is accepted.

You can apply for more than 1 month, but in any case, if the minimum period is followed by the Director must be focused on the date it indicated in the application.

How to calculate the warning period about the dismissal owner?

The procedure for the dismissal of the manager will look like this:

1. Writing a statement and bringing an application to the attention of the founders (owners).
2. Transfer of cases of a specially created commission. Usually, the procedure for passing the work of the manager at dismissal is prescribed in locally regulatory documents.
3. . As a base is indicated. The order can be published at the date of dismissal or earlier. This order signs the leader himself, since the day of dismissal is the last day of the fulfillment of his duties.
4. Directly on the day of dismissal, the employee issues all the payments provided to him, which include wages and compensation for unused vacation (if available).

When specifying the date of dismissal, it is written without the pretext of "C" so that there are no discrepancies in the interpretation of the application. Example of writing: I ask me to dismiss me at your own request 04/01/2018

Sample of the order about the dismissal of the Director-General

The order can be made on a unified form of T-8, and it is possible in free form. In the case of the dismissal of the director, the publication of the order in free form allows you to make not only information about dismissal, but also additional activities. For example, the need for an employee who assumes guidelines, accept the seal and the original of the statutory documents.

Download an example of the order of dismissal by the Director-General can be.

If the participants of LLC ignore the statement of the director for dismissal

Sometimes there is a situation in which the founder. In this case, you need to send it using mail.

Nuances sending such a statement:

1. It needs to be sent to the official address of the owner. If there are several of them, it will be advisable to send an application to each of them.
2. Application is better to send not just by registered mailand make an inventory embedding. This will be proof that in the envelope it was the statement, and not another document.
3. It should be borne in mind that the warning period will not be counted not from sending dates, and from the date of receipt of the letter to the address, so it is necessary to add time for the delivery of the letter to the monthly period.
4. Letter promotion must be monitored on the service of Russian Post. If the addressee does not receive a letter and it goes back it is necessary to pick up in the mail and request a document why the letter returned. This can be like the expiration of the storage period and the refusal of the recipient from its receipt.
5. The resulting letter can be addressed to appeal in Git, the prosecutor's office or court. The letter will serve as evidence that the employee (director) tried to notify the owner of his dismissal.

You can send a notice of the desire to quit with the help of telegrams.

Application for vacation from the Director General (sample below) is considered at the general meeting of the owners of the organization, as they are for the company's first person by employers.

Application for vacation director Sample (2017)

Make a reservation immediately that all issues relating to the company's first person's activities, including writing a statement on the release of the General Director, are directly related to the provisions enshrined in its labor agreement and the Charter of the Organization.

If the Charter contains information that the issue of granting holidays to the director is solved at the general meeting of the founders, the head will have to apply to the general meeting of the founders and discuss the question of his recreation at this meeting. And there will also have to solve the issue of human candidates who will perform the functions of the chief during its absence. The results of the meeting are drawn up by the protocol, the information from which serves as a basis for the inclusion of relevant information in the schedule, and further, to publish an order for the provision of leave by the manager.

Sample protocol

The order in this case is published in free form, because it will be presided by the general meeting, which is not the director of the organization.

Sample of the order in free form

If the company's charter provides for that the CEO himself has the right to decide when he goes on vacation, it operates in the following order:

1. Notifies the owners of the organization about its intention to go on vacation (the director itself does not write a vacation application).
2. Consistent with the owners of the company's candidate deputy for the time of his absence.
3. Makes information about your vacation schedule.

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

When the time comes to go to rest, the director gives the instructions to subordinates to prepare an order about his vacation, he signed him himself and meets. In this case, the order is issued according to the unified form of T-6.

Sample order of the T-6 form

Who can perform the duties of the director in his absence

The duties of the head for the period of its absence can execute:

1. Staff deputy, employment contract and job description which contains provisions on the temporary execution of the responsibilities of the chief in his absence.
2. An employee of the organization in order to combine posts.

Remuneration in the first case is regulated by clarifications on the procedure for payment of temporary substitution of 29.12.1965 No. 30/39. In the second case, according to Article 151 of the Labor Code of the Russian Federation, it is established by the Agreement of the Parties. But in any case, in any way, a temporarily missing director has not been replaced, the surcharge must be installed.

The legislation provides for other ways to replace the missing director, as, for example, the urgent 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 missing at work The period of time, but for him remains the previous position (for example, child care leave).

In any case, in the performance of the director's responsibilities, regardless of the causes of its absence, an order is published, which is a formal basis for the implementation of relevant activities in a temporarily replaced position.

How to make an order

When publishing orders for execution of obligations, the question often arises: and how to write correctly - temporarily acting (VRIO) or Acting (IE)?

There is a generally accepted rule: VRIO is used when replacing a temporarily absent employee, followed by his position, for example, due to temporary disability.

The IO is used when the employee temporarily performs duties of a vacant position.

In principle, you can use both options, the principled difference does not exist, except state organizationswhere these questions are marked in the relevant instructions.

Transfer of authority in the performance of duties

The implementation of formal activities to substitute the missing director entails the emergence of relevant rights, responsibilities and responsibilities. But if within the company to fulfill legally significant actions there will be enough order, then for cooperation with third-party organizations, you may need a power of attorney, for example, to present interests in court.

The power of attorney must be executed on the company's branded form, contain information about the time and place of its writing, expiration, the signature of the first person of the organization and printing.

In the power of attorney itself, the person who is a power of attorney is issued, with full passport data, date of birth and place of registration. Also, it is also necessary to formulate a list of specific powers available to the Contractor. At the same time, general phrases should be avoided, all the wording should be as specific as possible, prevent double interpretations, and the names of the institutions in which the presentation of interest is planned to be fully in order to avoid misunderstandings.

According to its standards, an employee who wants to stop labor relations with the employer must warn him in writing, submitting a statement.

However, in most cases, the leader acts as an employer, signing employment contracts. Should he write a statement in this case?

If he is the only founder

Fairly widespread way of keeping commercial activities It is the creation of LLC in which the founder and the owner simultaneously imposes the obligations of the head of the organization.

This option is specifically provided by Article 273 of the Labor Code of the Russian Federation. She says that norms labor lawregulating the work of the head legal entity, not apply here. In this case, there is even no need to enter into an employment contract: The worker and employer coincide in one person.

When coincided in one person of the owner of the organization and its head, the document is not necessary to apply. If such a face wants to "be abolished" - he is enough to publish only the decision of the founder about the appointment of a new leader and begin the procedure for making changes to the EGRUL.

If he wants to quit himself

If the Director General and the only founder - different peopleOr the organization belongs to several co-owners, then the norm provided for Art. 280 TC RF. According to it, 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 ahead of schedule, warning the employer (owner of the property of the organization, his representative) in writing no later than one month.

In the same case, if you decorate the old and appoint a new leader, the collegial body will decide (the Council of the founders in the LLC or directors in the JSC), no need to file the director also. In this case, the basis for dismissal will be recorded in writing in installed manner and brought to his information the decision of the Council.

In the name of whom does the general director writes?

According to Art. 280 TK RF, the leader who wants to quit, must apply for his employer. In relation to the director, they are the face of either several persons who are owners of the organization of the organization:

• for commercial organizations - its participants (shareholders);
• for unitary enterprises - a state or municipal authority that has decided to create it.

The specific procedure for consideration of the application is determined by the norms of the Civil Code of the Russian Federation and federal lawsconcerning individual organizational and legal forms. So, for example, the statement must be filed in the Name of the General Meeting of Shareholders - more precisely, the director must organize its holding and make the issue of his dismissal on the agenda. In the MUP, the same director should contact a statement to the head of the local administration etc.

Paper Design Instructions

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

1. The name of the addressee - the founder of LLC. If their two or more, the copy is sent to each of them.
2. The name and position of the sender (for example: "General Director of Fortuna LLC Ivanova I. S.").
3. Content of the application. In it should be expressed a desire to add off the authority of the director.
4. The term from which the head asks him to dismiss. The legislation provides here for a certain time on a prevention of dismissal.
5. Signature of the sender.

Important: Since the decision on dismissal is accepted only general meeting Participants, in the event that there are two or more in LLC, the director besides the application should convene such a meeting in the manner prescribed by the Civil Code of the Russian Federation and the Federal Law No. 14 "On OOO OOO".

Care prevention term

As with regard to a regular employee, for the head of the Organization, there is also a warning 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 the leading employee was constant or urgent (for the time provided for by the Charter of the Organization) of the employment contract.

However, as in the case of ordinary employees, the norm of this article does not mean that the monthly period should be applied in each case. The director has the right to prevent his dismissal over the larger 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 passed, and the owner did not make decisions on the appointment of a new director, the old entitle to publish himself, to make and carry out the payments provided for by the Labor Code of the Russian Federation upon dismissing the employee.

Important: At the same time, due to the norms of the Federal Law No. 402 "On Accounting", the dismissal director must take measures to preserve the constituent documents, reporting, and other materials for which it responds personally. As a measure, the transfer of non-market can be stored.

Is it possible to withdraw a document?

Although labor activity The managers are 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 back their dismissal statement. Hence, here it is necessary, by virtue of Article 251 of the Labor Code of the Russian Federation, guided by the general rules.

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

Features of labor regulation - norms, partially limiting application general rules For the same issues or providing for individual categories of workers, additional rules.

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

Therefore, in this case, the general rules are valid:

• The director has the right to take back the document on his dismissal.
• The term for this is all the time until his employer (owner of the property) did not decide on the appointment of a new director.

Rules on how the feedback occurs, the legislation does not contain. However, by analogy of the right to LLC, this procedure will look like this:

It should be borne in mind that, according to Article 5 of the Labor Code of the Russian Federation, in resolving labor issues, the norms of the Labor Code of the Russian Federation have an advantage over other federal standards relating to such issues (in the case under consideration - Article 33 of the Federal Law ). Consequently, in the event of a review of the statement, the general meeting must cancel the previous decision.

Like other employees, the director may apply for dismissal. However, it can only do it when it is not the only participant Organizations. At the same time, when considering the application, the norms of both labor and civil law are applied.

If you have found a mistake, please select the text fragment and click Ctrl + Enter..

How to leave for vacation to CEO?

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

• without salary salary (administrative leave);
• annual paid.

According to Art. 123 of the Labor Code of the Russian Federation, if we are talking about the time-paid holiday time, then it should be included in the vacation schedule, which is compiled at the enterprise and is required for execution as employees and their leaders. At the same time, the employee must be notified of the beginning of vacation in 2 weeks.

If the graph shows specific dates and the rest period is not shifted, the serving is not imputed to the duty writing an application for leave. However, in practice in many state institutions or commercial organizations Such a statement is written, despite the lack of obligation. This is justified by the fact that the application is the basis for the publication of the order for the provision of leave.

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

For reference: director is employees - Accordingly, the norms apply to it. labor legislation. His legal status As part of the employment, negotiated in the employment contract. The duration of the next paid vacation is also fixed.

Who writes an application for vacation CEO?

The director may write an application for leave or to himself or the general meeting of shareholders, the general meeting of the LLC or the other collegial executive body of the organization. In which cases is one or another?

Do not know your rights?

If the director is the only founder or constituent documents The enterprises indicate that the question of granting the time of rest is solved by him by himself, then the director of his vacation is written by himself. Sample application can be downloaded on our website.

If a collegial executive body is taken on vacation decision (for example, a general meeting of LLC), the Director writes a statement / notice of his desire to go on vacation, after which the meeting of the Organization's participants is made on this issue. After the decision is made, the order is signed by the presidency, participants in the organization or other persons specified in the Charter. The director must be familiar with the document. In case of reference, the appropriate act is drawn up.

The sample of the order can be approved by the local act of the enterprise, although the use of the unified form of T-6 is allowed, approved by the decision of the State Statistics Committee of the Russian Federation dated January 05, 2004 No. 1.

How director makes holidays to himself?

If the director has received powers to independently solve issues about his holiday time, the application should be written. It is enough to draw the following actions:

1. Place an order for vacation for your signature.
2. Create an order for the main activity on the imposition of your duties for the time of vacation to the authorized person.

For reference: Despite the fact that the director is endowed with the right to independently decide on the time of rest, he must also be notified of his early 2 weeks before the expected date. As a rule, this is done by an employee of the personnel department.

Thus, the CEO writing a vacation application itself only if we are talking about vacation without salary, a recreation period is changed, reflected in the vacation schedule, or the question of granting holidays is permitted by the collegial body of the Organization (for example, the General Assembly). Otherwise, writing a statement is not necessary, although it is recommended because it is a document that, in addition to the schedule of vacations, provides a basis for the publication of an order to provide a vacation.

23.08.2019

In accordance with current legislation RF, each officially employed citizen has the right to claim.

Consideration and signing of the application and the director of the company. In turn, the last on a par with everyone can count on the provision of vacation. At the same time, the design of documents has a number of features.

Should I write?

Who and on whose name do?

It has previously been stated that the presence or absence of the need to write a vacation application is determined in accordance with the data specified in the Charter.

Similarly, the question of who signs the document from the General Director of LLC in case of its design, and who is written to whom

Important! If the company has a pre-compiled schedule of recreation distribution, then nothing needs to write.

If the company has the status of Ltd., the head writes the applying paper addressed to the chairman of the meeting of the founders. In addition, the role of the addressee can act as a whole.

It happens that one person is managed by a firm, being with the leader and founder. Who does the General Director writes the only founder, should he make a statement to himself?

If the head in the chart did not provide for its rest in advance, then in a situation where he is the only founder of the company, the director writes an application for himself. If there is a graph, this action can not be implemented. Instead, it is necessary to issue and sign a vacation notice that must be created at least 2 weeks before exemption from work.

How to make?

Allocate 2 options for writing an application for the release of the general director. In the first case, it is assumed that the addressee of the document is the Chairman of the Assembly, in the second, the head itself, which is the founder in the singular.

If the statement is written on the chairman of the General Assembly of the Founders of LLC, then it necessarines the following information:

• the name of the company;
• The name of the addressee, whose name is written - Chairman of the Assembly of the Company's participants;
• Full name and the position of a citizen who was engaged in the formation of a form;
• paper name;
• main part;

The request for consideration and adoption at the General Meeting of the decision on the provision of annual paid leave by the manager is included.

• signature with decoding;
• writing date.

At the meeting, the participants of the event decide on the question.

When taking a positive verdict, the founders draw up a protocol. They reflect the following data:

• name of company;
• document's name;
• place and date of compilation;
• information on the agenda is a solved question;
• resolution of the meeting - verdict;
• information about the voting, for example, "voted: for unanimously";
• FIO of the chairman and secretary;
• signatures and FIO founders familiarized with the Protocol;
• personal business director.

Sample

Below is an example of registration of the appeal from the general or ordinary director in the name of the Chair for its discussion at the General Meeting.

For the Single Founder Ltd.

If the Director-General is the only founder of LLC, he writes an application for his holidays to himself.

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

At the same time, in most cases, managers decide still to make such a form. It is drawn up in a standard way.

The unified form for the preparation of the document is not, so it can be filled in free form.

For writing, you can use the company's company blank or A4 sheet. Be sure to comply with the rules of the Russian language. Style of narration - business.

The statement must be noted the following points:

• company name;
• The name of the addressee, a statement is written on whose name - the details of the Director General of the founder, which is the only one in the LLC;
• title of the document;
• FULL NAME AND POSSIBILITY COMPLETED FORM;
• the main part is the request for vacation. It also indicates the desired period of rest and exact date first vacation day;
• writing date;
• signature and its decryption.

If the manager did not prepare a statement, he needs to be notified for himself and independently sign the specified document.

Who signs?

It is important to remember that the technology of writing the application and the definition of a person who signs it depends on the company's charter.

If the document is issued in the name of the Chief Chairman of the General Assembly, it is necessary to present the signatures of all founders and the secretary.

Important! With independently writing a document, which is drawn up on itself, it is necessary to reserve it with a personal signature.

Similarly, the question of signing the order of vacation is solved. In accordance with the rules, the Signature in the document should leave the first person of the organization - the Director General. That is, the order is the head itself and signs it yourself, too, if he is the only founder. Otherwise, this feature is entrusted to the Chairman of the Assembly of Founders LLC.

The registration of the order of this species is carried out according to the unified form of T-6 or T-6A. At the moment of the absence of the head of the company, his deputy is appointed. If there is no one, the director can choose any employee who considers the most responsible.

Useful video

Should the CEO to write a statement to whom to design, whether it is necessary to be on himself if the head is the founder in the singular - the answers can be found in this video:

The director is the same employee of the company, as well as other persons, the Labor Code of the Russian Federation is also covered, including in terms of providing another paid vacation. The head may not write a statement if his rest is recorded in the T-7 chart.

If the vacation schedule is not provided, then the statement must be written. The only founder of LLC is an appeal to himself, signed independently. The Director General, appointed by the General Assembly of the founders, writes a request to the Chairman. Sign a document in such a situation all participants in the meeting, which made a decision on the rest of the head.