To whom the CEO writes a vacation application. Sample decision to terminate activities. Is it possible to recall the director from vacation

The director of the organization usually signs the vacation orders for employees. But what if the leader himself goes on vacation. Who releases him, to whom does he write a statement? Let's analyze this situation.

Should the director write a vacation application?

Whether or not to write a statement to the head depends on how it is described in the charter.

Option 1. The charter states that the decision to leave CEO is decided at the general meeting of participants (shareholders) of the company. In this case, the head is obliged to write an application for leave, and writes to the chairman of the general meeting or to the meeting as a whole.

Participants of the meeting - shareholders of the company also often decide who will replace the director during the holidays. 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 meeting of shareholders on the issue of granting leave to the general director.

If this method is not specified in the charter or other documents, then we go according to the second option.

Option 2. The director himself plans his vacation. The vacation of the head should be in the vacation schedule, like other employees

The manager does not need to write an application, but must sign a notice of his vacation at least 2 weeks in advance (Article 123 of the Labor Code of the Russian Federation)

After that, an order is drawn up to grant leave (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 head. In both cases, he must also put a signature indicating consent.

Who signs the leave order for the director?

In the form No. T-6 and No. T-6a, the signature of the first person of the organization is provided.

On the appointment of a deputy

Before going on vacation, the head can appoint an acting head of the organization

Before the CEO goes on vacation, the question of who will act as the head at that time is decided. If there is a substitute, then everything is simple. He often has this function directly spelled out in the contract. If there is no deputy, then a reliable employee is selected and an order is drawn up on the assignment of duties. The text is something like this: “I order to assign the duties of the General Director (full name) for a period (indicate the period). Establish an additional payment for this period (position and full name of the deputy) for the temporary performance of the duties of the head of the organization in the amount of (amount in figures)”, see sample

Can a director be recalled from vacation?

Separately for the head, the issue of recall from vacation is not regulated by law. Therefore, we use general rules labor legislation (Article 125 of the Labor Code of the Russian Federation).

Who makes the decision to withdraw

This decision can be made both by the general meeting and by the head of the organization. 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).

The decision to recall a director from vacation may be taken at a meeting of the general meeting and formalized in a protocol and an order issued on its basis. Do not forget that, like any other employee, the director must give your written consent leave the vacation ahead of schedule (Article 125 of the Labor Code of the Russian Federation).

In the second option, the director, on his own initiative, interrupts the vacation. This is documented by an order for early retirement, see sample

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 it is subject to labor laws. An annual vacation of 28 calendar days is no exception. According to the Labor Code, it is enough to write an application for leave 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 at a time when he is away on 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).

Dismissal of the CEO own will- more complicated procedure compared to termination labor relations between the individual and the organization. Our article discusses all the most important nuances process of dismissal of the CEO.

Dismissal of the CEO of an LLC at his own request

The general director of a limited liability company acts as its sole executive body (clause 1, article 40 of the Federal Law “On Limited Liability Companies” dated February 8, 1998 No. 14-FZ).

The functions of the employer in relation to the general director of the LLC are assigned to general meeting participants (subclause 4, clause 2, article 33 of Law No. 14-FZ). Therefore, the application for the dismissal of the director is written in the name of:

• sole member of the LLC;
• chairman of the general meeting of participants.

The decision to terminate the employment relationship with the general director of the legal entity is made at an extraordinary meeting of the LLC participants, which the resigning head himself is authorized to initiate (paragraphs 1-2 of article 35 of law No. 14-FZ).

Important! Unlike other employees, the head of a legal entity must notify the employer in writing of his intention to quit at least 1 month in advance (Article 280 Labor Code RF dated December 30, 2001 No. 197-FZ).

At the same time, this period is set regardless of how long it was labor contract with the general director of the organization, including in short-term labor relations (letter of Rostrud dated 06.03.2013 No. PG / 1063-6-1).

If the letter of resignation is sent by mail, then the date of notification of the employer is the date the letter was received by him (a note about this will be in the notice of delivery), and not the date it was sent (see the appeal ruling of the Belgorod Regional Court dated 06/26/2012 in case No. 33- 1744).

However, a properly sent notice may not always be delivered or received by the addressee. It is recommended that this situation be resolved by going to court.

The procedure for carrying out the procedure for the dismissal of the general director at his own request

The standard order is as follows:

1. Notice to LLC members:
   • Notifications of an extraordinary meeting are sent by sending registered letters to LLC participants with a description of the attachment and receipt notices (Clause 1, Article 36 of Law No. 14-FZ). The charter of a legal entity may also regulate another method of notification, but this one seems to be one of the most reliable and simple.
   • The notice must indicate the date, time and address of the meeting, the agenda (in this case, the dismissal of the general director of the organization, but at the same time the question of appointing a new head may also be included). Copies of the CEO's voluntary resignation must also be attached to the notice.
   • The mailing of the mentioned letters must be made to the addresses of all participants in the LLC. They are taken from an extract from the Unified State Register of Legal Entities or the register of LLC participants. If the addresses in the named sources do not match, notifications must be sent to each of them.
2. Holding a meeting of LLC members. Based on its results, a decision is made to dismiss the general director, which is recorded in the minutes.
3. Issuing an order to dismiss the general director of an LLC based on the minutes of the general meeting.
4. Making a settlement with a dismissed employee, making an entry in his work book.
5. Notification of the Federal Tax Service about the dismissal of the director.

If LLC participants ignore the director's application for dismissal

Taking into account what is stipulated in Art. 37 of the Constitution of the Russian Federation prohibiting forced labor, participants in the general meeting of an LLC do not have the right to refuse the general director to accept his application for dismissal and subsequent termination of employment.

Important! An extraordinary meeting in this case is held not to agree on the possibility of dismissal of the general director at his own request, but in order to comply with the provisions of Art. 280 of the Labor Code of the Russian Federation and sub. 4 p. 2 art. 33 of Law No. 14-FZ of the dismissal regulation.

The most common expression of bad faith actions on the part of the employer can be called ignoring by all participants of the LLC or one of them participation in an extraordinary general meeting, which may be expressed, among other things, in unwillingness to receive a corresponding registered letter from the general director of the LLC with his letter of resignation.

In such cases, after the expiration of the prescribed month, it is recommended that the head of the LLC who wants to quit, apply to the court to challenge the inaction of the founder (founders) and demand the dismissal of his own free will. At the same time, demands may be made to amend the information in the Unified State Register of Legal Entities (see the appeal ruling of the Kirov Regional Court of June 13, 2012 in case No. 33-1718).

Note! The courts indicate that, according to Art. 80 of the Labor Code of the Russian Federation, after the expiration of the notice of dismissal, the employee is entitled to stop fulfilling his labor functions regardless of whether the employer complied with the terms of termination of the employment contract or not.

At the same time, a statement of claim of the appropriate content, handed to one of the founders, may be recognized as a proper confirmation of the will of the employee (see the appeal ruling of the Perm Regional Court dated August 05, 2013 in case No. 33-7154).

Notification of tax and non-budgetary funds about the dismissal of the director

Notification of the territorial body of the Federal Tax Service at the location of the legal entity about a change in information about a person authorized to act without a power of attorney on behalf of the organization is made within 3 days from the date such changes are made (subparagraph “l”, paragraph 1, paragraph 5, article 5 of the Federal Law “ O state registration legal entities and individual entrepreneurs» dated 08.08.2001 No. 129-FZ) by filling out and sending the form R14001, approved by order of the Federal Tax Service of Russia dated 01.25.2012 No. ММВ-7-6 / [email protected]

Note! The legislation does not establish that the termination of the powers of the executive body of an LLC and their assignment to a new person must occur simultaneously. So until a new general director of an LLC has been appointed, a message should be sent to the tax office about the termination of the powers of a particular individual (see sheet K of Appendix 6 to order No. ММВ-7-6 / [email protected]).

Based on practice, the tax authorities are extremely rarely ready to accept from the resigned head of the organization an application to exclude him from the Unified State Register of Legal Entities as a person entitled to act on behalf of the organization without a power of attorney. The refusal of the Federal Tax Service to register changes is usually explained by the fact that the specified form P14001 cannot be signed by the former head, because in fact his powers have been terminated, although information about him in the Unified State Register of Legal Entities is still contained (see the decision of the Supreme Arbitration Court of the Russian Federation "On declaring invalid ..." dated May 29, 2006 No. 2817/06).

At the same time, there is also law enforcement practice, according to which the courts quite often oblige the Federal Tax Service bodies to exclude from the Unified State Register of Legal Entities information about the former general director of the organization at his request. They proceed from the fact that the impossibility of submitting an application, drawn up in accordance with the requirements of the law, in itself cannot be a basis for refusing to satisfy the legal requirement of a person (for example, the decision of the 19th AAS of 03/02/2016 in case No. A36-4738 / 2015).

Duty to notify off-budget funds, Rosstat and other government agencies in the order of interdepartmental cooperation is assigned to the Federal Tax Service.

Sample letter to resign CEO

In terms of its structure, the resignation letter on behalf of the CEO is absolutely identical to the statements that all other employees write in similar cases.

The application for the dismissal of the General Director assumes the following content:

• addressee: the body of the legal entity that entered into an employment contract with the director (this may be the founder, general meeting of participants, etc.);
• position, surname, name, patronymic of the applicant;
• a request for the dismissal of the applicant from his position, indicating the specific date of dismissal;
• date of application;
• Signature of the applicant with transcript.

The date the director retired. Actions to be taken before it occurs.

The last day of work of the CEO can be:

• The date indicated by the director in the application, with which the participants / participant of the LLC agreed;
• The date on which 1 month expires from the date of the CEO's notice of his dismissal. This date can be used, in particular, in the case where the director did not indicate the date of dismissal in the application. The countdown is taken from the day following the day the employer was notified of the upcoming dismissal.
• Another date determined by agreement of the parties.

Note! If the participants / the sole participant of the LLC decide to dismiss the director before the date specified in the application without the consent of the director - despite the fact that there are no guilty actions on the part of the latter - the decision of the owner will become the basis for dismissal. In accordance with Art. 278 of the Labor Code of the Russian Federation in this case, compensation is paid to the director.

The resigning director must:

• accountable money(in the presence of);
• transfer keys, seals, documents to the new director (founders) according to the act of acceptance and transfer.

Sample letter of resignation for CEO

The order to dismiss any employee is signed by the head of the legal entity-employer. The same applies to the order to dismiss the general director of an LLC. Despite the fact that in this case the dismissed employee and the sole executive body coincide in one person, the general director signs the order on his own dismissal himself (see letter from Rostrud dated 11.03.2009 No. 1143-TZ).

In a situation where the general director, due to certain circumstances, cannot independently sign an order (for example, due to temporary disability, etc.), a person authorized by him to sign orders can do this for him. The manager can transfer such powers by issuing a local act or issuing a power of attorney.

Note! Usually, to issue an order to dismiss the general director, they use the unified form T-8, approved by the Decree of the State Statistics Committee of the Russian Federation dated 01/05/2004 No. 1. However, from 10/01/2013 this form has become optional (see the information of the Ministry of Finance of Russia "On entry into force ..." No. ПЗ- 10/2012). So the order can be issued in any form.

The order to dismiss the CEO (in a unified form) can be downloaded below:

Making an entry in the workbook

Makes an entry about the dismissal in the work book, as a rule, an authorized person for this (HR inspector). In the absence of such an entry may be made by the director himself. In any case, it is necessary to comply with the requirements of the instructions for filling out work books, approved. Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69.

The entry should look like this:

Note! Abbreviations are not allowed when making an entry.

The record of dismissal will be certified by the signature of an authorized person and the seal of the organization (if any).

Dismissal of the CEO by decision of the founder

The founder is entitled to terminate the employment relationship with the head of the legal entity by his decision. Possible grounds are set out in Art. 81, 83, 278 of the Labor Code of the Russian Federation.

The question of the dismissal of the general director is submitted to the general meeting of founders (participants) of the LLC (subparagraph 4, paragraph 2, article 33 of Law No. 14-FZ).

Upon dismissal of the general director on the grounds of paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, if no guilty actions were revealed on his part, he is paid compensation in the amount of at least 3 times the average monthly salary (Article 279 of the Labor Code of the Russian Federation).

Important! The dismissed employee has the right to appeal in court the motives own dismissal presented by the founder, since the rather abstract wording of the norm of paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, however, does not mean that the employer is not limited in any way in resolving the issue of dismissing the general director of the organization and resolves the problem at his own arbitrary discretion (see the definition of the Supreme Court of the Russian Federation dated 01.11.2007 No. 56-B07-15).

At the same time, the dismissal of an employee under paragraph 2 of Art. 278 of the Labor Code of the Russian Federation without specifying the reasons is recognized as fundamentally acceptable. In this case, the dismissal does not act as a measure of legal liability and is accompanied by the mandatory payment of compensation (see the ruling of the Constitutional Court of the Russian Federation of July 14, 2011 No. 1015-О-О).

Terminate the employment relationship with the CEO on the grounds of paragraphs. 7-7.1 Art. 81 of the Labor Code of the Russian Federation is possible only in the cases listed in these norms. The Plenum of the Supreme Court of the Russian Federation, in its resolution of March 17, 2004 No. 2, explains that the persons indicated in paragraph 7 of Art. 81 of the Labor Code of the Russian Federation, may be dismissed on such a basis, including when establishing the fact that they committed theft, receiving a bribe or other misconduct mercenary nature, even if they were not related to their work (paragraph 45 of Resolution No. 2).

Thus, the dismissal of the general director at his own request involves notifying his employer at least 1 month before the date of dismissal. The functions of the employer in relation to the general director of the LLC are assigned to the sole participant or the general meeting of participants in the LLC. The CEO is authorized to sign his own dismissal order.

has a number of differences from the procedure for dismissal of an ordinary employee. The reason is that such an employee is the main executive body of the company, without which it cannot continue its activities. We will talk about the features of this procedure in our article.

How to fire the director of an LLC at will

The procedure for the dismissal of the director of an LLC at his own request includes several stages:

Compliance with the requirements of the law at each stage can protect the organization from possible claims from the former head and labor inspectorate and ensure its continued full functioning.

We draw up a letter of resignation of the CEO

Letter of resignation to the founder from the director- a document that confirms the will of the employee who wants to leave the position. It is compiled 1 month before the expected date of leaving work (Article 280 of the Labor Code of the Russian Federation). Writing an application is not a mandatory step. Sufficient evidence of the will of the CEO is a notice given to the founders of the company.

The legislation does not establish clear requirements for the document. If it is decided to use any sample letter of resignation of general director of LLC, you need to remember that the document must contain the data of the employee and employer, the date of the upcoming dismissal, the date the document was drawn up and the signature of the applicant. At the same time, it must be borne in mind that for the head of the company, the employer is the general meeting of the company's participants.

Submit an application for voluntary dismissal of director can be done in person or using the mail service or courier service. In any case, the date of notification is the day the document is received by the employer. The main thing is to record the fact of receipt of the application by the addressee - for example, to receive a mark on the receipt of the letter.

Resignation letter from CEO

After the decision to leave the position, the director should set the date for the extraordinary meeting of the company's shareholders and send them information about the time and place of the meeting. The notification rules are listed in Art. 36 of the Law "On Limited Liability Companies" dated February 8, 1998 No. 14-FZ:

1. Notice must be sent at least one month before the upcoming meeting.
2. It is necessary to notify each LLC member individually.
3. The notice may be sent by registered mail or in any other way provided for by the company's charter.
4. The notice must contain information about the time and place of the meeting, as well as a list of issues planned for discussion.

Considering the above rules, we can say that best option- submitting an application for voluntary dismissal of the CEO members of the organization along with a notice of an extraordinary meeting of members.

The procedure for coordinating the dismissal with the founders of the organization

At the meeting, the founders discuss and decide on the upcoming departure of the head of the company. Since Art. 37 of the country's basic law prohibits forced labor, LLC participants are not entitled to refuse the head of the organization early release from office.

Refusal to participate in the meeting and evasion of delivery of the notice are not good reasons to continue labor activity CEO against his wishes. In case of such behavior of the employer, the head of the organization may apply to the court. The statement of claim handed over to the employer is sufficient confirmation of the director's desire to leave his position. As case study we can cite the appeal ruling of the Perm Regional Court dated 05.08.2013 No. 33-7154.

During the extraordinary meeting, the founders agree on the date of the upcoming voluntary dismissal of CEO, and can also agree with him on a longer period of working out, necessary to search for a new candidate for the position of the head. If an agreement between the employer and the employee is not reached, the latter has the right to resign without the consent of the founders. The main thing at the same time is to follow the procedure, as required by law.

Order on the dismissal of the CEO at his own request, a sample order

The head of the organization can issue and sign an order to leave on his own after the meeting. It specifies:

• company name and details;
• information about the dismissed person;
• reasons for dismissal;
• date of departure of the CEO.

In this case, as a rule, the unified form of document No. T-8 is used, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms of documents ...” dated 01/05/2004 No. 1. However, the use of this particular template is not mandatory, the employer, if desired, has the right to independently develop a form document. The current sample of the order to dismiss the head of the organization can be downloaded on our website.

Entering an entry in the work book and settlement with the gene. director

Recording in labor manager organization can contribute independently or entrust it to an authorized person of the organization. He also has the right to certify it with his signature and the seal of the organization (if any). The main thing is to comply with the requirements of the instructions for filling out work books, approved. Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69:

1. Complete all sections of the document.
2. Use Arabic numerals when filling in.
3. Do not allow abbreviations and corrections in the records.
4. Clearly state the reason for leaving.
5. Add link to legislative norm which became the basis for termination of the employment relationship.
6. Specify the details of the order to terminate the contract between the dismissed person and the employer.

At voluntary dismissal of the CEO he can count on payments and compensations stipulated by law: salary for hours worked, compensation for unused vacation etc. In addition, the former CEO hands over to the new head of the organization. In the event of the temporary absence of a legal successor, the ex-head may:

• continue independent storage of the seal and documents of the organization;
• entrust the storage of a special archival organization;
• transfer the documents and seal to the notary for safekeeping.

The right to store documents to notaries is granted by Art. 97 "Fundamentals of the legislation of the Russian Federation on notaries" dated February 11, 1993 No. 4462-1. When transferring, it must be remembered that documents are received and stored on behalf of the organization. This gives the right to the new head of the company at any time to pick up documents and seals.

Does the procedure for dismissing the CEO of an organization at his own request provide for notification of the tax service?

The answer to this question is contained in "l" p. 1 and p. 5 Art. 5 of the Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated 08.08.2001 No. 129-FZ, which require information on the dismissal of the director of a legal entity (including at his own request) and a change in the executive body of the company to be submitted to the tax authority. For this, it is necessary to submit tax office an application drawn up in the form P14001, having previously certified it with a notary. The application is submitted by the newly appointed head of the company within 3 days from the date of appointment, after which the tax authority enters information about the new head into the Unified State Register of Legal Entities.

A person dismissed from the position of the general director must make sure that his data is removed from the Unified State Register of Legal Entities. An unscrupulous approach to this issue can cause trouble in the future: problems when a manager finds employment in another organization, the danger of liability for the company's debts in the event of its bankruptcy, etc. If new leader company has not been appointed, the application may be signed and submitted by the former CEO.

Features of the procedure for the dismissal of the General Director - a pensioner at his own request

The process of voluntary dismissal of a person who has reached retirement age has one peculiarity: such an employee has the right not to work out the period provided for by law (part 3 of article 80 of the Labor Code of the Russian Federation). Thus, the head of the organization, who is an old-age pensioner, is not obliged to meet the deadline for leaving work.

However, it is still necessary to comply with the formal dismissal procedure (notify the founders, convene an extraordinary meeting of the company's participants and make a decision on the dismissal of the retired manager) is still necessary. In the entry in the work book, it is necessary to indicate that the reason for the termination of the employment relationship was retirement.

The procedure for the dismissal of the general director at his own request - the sole founder of the company

In the case when the head is both the sole organizer of the company and its owner, the procedure dismissal of the CEO at his own request is greatly simplified. According to part 2 of Art. 273 of the Labor Code of the Russian Federation, the norms of labor regulation of the manager do not apply to such an employee.

In this situation, the head of the organization can at any time independently write an appropriate statement and decide on his dismissal. That is, the duration of the process is significantly reduced, because there is no need to notify yourself of the upcoming dismissal, wait 1 month and organize a meeting of participants. Simultaneously with the decision to retire sole founder can appoint the head of the firm.

Responsibility of the CEO after dismissal

The job of a leader is to accept difficult decisions. Responsibility for his actions and decisions - both material and criminal - if there are grounds for its occurrence, he will bear even in the event of dismissal from office.

So, material liability leader occurs in the following cases:

• in case of loss of property;
• damage to the property of the organization;
• unforeseen expenses of the enterprise;
• loss of profit by the company due to the fault of the head.

As a rule, these circumstances are discovered after the audit in the company. The employer of the dismissed head of the organization may file a claim with the court demanding compensation for the damage caused by the actions of the general director. If the claims are satisfied, the recovery may be directed to the property of the former employee.

Illegal actions of a leader may be grounds for bringing to criminal responsibility under the following conditions:

1. In his actions (inaction) there is a corpus delicti.
2. The guilt of the leader is documented.
3. The statute of limitations has not expired.

In conclusion, it remains to say that optimal solution there will be peaceful negotiations and mutually beneficial agreements between the head of the enterprise and the founders, because they allow you to avoid litigation and quickly fire the CEO at will.