It is necessary to draw up an application for the release of the general director and how to do it. Do I need to write an application for vacation

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There are LLC with two founders. One of the founders is the director. There are no other employees in LLC. What to do with the leave of the director if the company constantly works and there is no possibility to send it on vacation?

According to Art. 124 of the Labor Code of the Russian Federation prohibits the failure to provide an annual paid leave for two years in a row. This applies among the number of the only director. Considering that this is the same violation of labor legislation as another, the organization can be involved in administrative responsibility.

Administrative Code Article 5.27. Violation of labor legislation and other regulatory legal acts containing labor law

1. Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 3, and this article and Article 5.27.1 of this Code, -
leads the warning or imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from one thousand to five thousand rubles; On legal entities - from thirty thousand to fifty thousand rubles.

Therefore, in my opinion, at least on documents, there is a sense of the director on vacation to send.

The director may arrange an order to impose duties for another person. Take it temporarily to work and impose on it to fulfill the duties of the director. Power of attorney is issued by the director on the basis of the order. It is not necessary to certify it notarily.

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Clarification of the client

And if not accepting a notarial power of attorney on the second founder for the right to sign the necessary documents? Is this option possible?

Not only the head can sign important documents. Especially acute this question is when the authorities went on vacation. Who can replace it? Who will sign orders, hospital sheets, etc. Instead of him? Let's help to navigate.

Vacation status

The Labor Code provides the right to a paid leave by the General Director of the Organization (President, Head) on a par with other employees. At the same time, the boss has much more powers than a regular worker. Therefore, another person should be completed for the execution of the functions of the manager during its absence, another person should be delivered to perform the functions of the manager.

As for any subordinate, the time of illness and vacation in the literal sense is not paid by wages, as it is not working time. Instead, there are vacation and hospital payments. In addition, the head during his vacation stay or hospital is not formally not a company official and cannot fulfill its duties. Including, to sign various documents of the enterprise: orders and so on.

Transfer authority

Decision on substitution is necessary in certain cases of lack of chief. If the absence is short-term, then there is no need for this.

So, before going on vacation, the leading company must appoint an employee who will replace it by issuing the appropriate order. This document stipulates that the person acting by the manager is authorized to implement the temporary management of the enterprise. He signs the documents when the director is absent, concludes labor contracts with new employees, assures the papers of tax and accounting reports, represents the company in the courts, government agencies, and so on. The order is a valid document for activity within the enterprise.

In addition to the order, you need to make a power of attorney for the transfer of all (or parts) of the authority of the head. It is needed if the organization's charter is not possible to pass the authority in the absence of the head.

Make up a power of attorney on a branded letterhead with certain details. It leads data on the timing of the action, the date of issue, to whom is discharged, the composition of the authority, the signature of the current chief of the company. If the power of attorney is not specified, then it is relevant within one year from the date of issue. All requirements and rules for the design of such documents are indicated in Articles 185 and 186 of the Civil Code of the Russian Federation.

The power of attorney must necessarily have a signature of the manager, the date of signing and printing, if the firm works with it.

Keep in mind: without a power of attorney during the absence of the head, the organization will not be able to work smoothly, salaries, vacation and hospital payments will suspend. The authorized deputy, having an official document, will be able to dispose of the company's money and make the necessary purchases, sales, sign important papers.

Power of attorney at any time can be canceled by the boss. It is entitled to refuse her and an employee on whom it is discharged. But only not in case of irrevocable power of attorney (Art. 188.1 of the Civil Code of the Russian Federation). It can be canceled only in certain cases.

Who can be deputy

In large companies, a general director for temporary transmission of management is usually a regular deputy, which in the employment contract is prescribed to replace the first if necessary. Between the parties to the employment contract by agreement, the amount of additional payment is established by the substituent as a person combining positions (Art. 151 of the Labor Code of the Russian Federation). As a rule, its magnitude is equal to the difference in the salary of the head and replacing.

If there is no regular deputy

Often, in small organizations and IP does not have a regular deputy. In this case, the authority can be conveyed to one of the heads of departments to combine posts. Before issuing an order, you need to sign an agreement that will be an addition to the employment contract. It prescribes the deadline for the duties of the director and the amount of relying surcharge.

The boss in the order of the combination of posts should indicate:

specific powers of the substituent (i.e., what work he will have to be performed in both volume);
terms of implementation by a deputy authority;
specific amount of surcharge;
does the deputy have the right to sign financial documents.

The law does not impose specific requirements for temporarily acting by the head of the face. However, his qualifications should be high, whatever it can competently manage business.

Another option is an employee who does not combine his position with the responsibilities of the manager, and is temporarily transferred to such a place. Translation procedure is spelled out in Art. 72.2 TK RF. Such a translation may be for a period of up to one year. But if the term has expired, and the replacement employee did not provide for the previous place of work, the translation automatically flows into a permanent job.

Do not forget that when transferring an employee to a replacement position is released by a plot of work performed by him. So, you have to look for another person in his place. Therefore, the translation of the employee is not very convenient and requires great effort.

On whom responsibility in the absence of a gene

For the damage caused to the company, the acting manager (Art. 277 of the Labor Code of the Russian Federation) is fully responsible. In addition, he is legal responsibility for damages. This is indicated by the Law on LLC (paragraph 2 of Art. 44) and the Law on Joint-Stock Companies (paragraph 2 of Art. 71).

If the head did not leave the authorized deputy, then he himself will be criminal, administrative and material responsibility for all the incidents of incidents in his absence.

The head did not appoint anyone

If the director, going on vacation, did not give up his authority to anyone, then for the organization, such a state of affairs will be very deplorable. Any cash or non-cash payments will be suspended, because for such monetary operations need a signature of the chief official on the payment document. And the signature of the head of the head is unacceptable, as, however, and the signature of signatures on empty blanks "Foreground".

Actions of the personnel department

If the director on vacation and certain sign documents, orders on dismissal, reception of workers, business trip, leave, hospital sheets, etc., the work of the personnel department is completely paralyzed. Impossible will be the signing of contracts and the conclusion of important transactions, the financial well-being and the entire production process of the Company will be under threat.

There are reliable options for transmitting powers when the director goes on vacation. No need to leave a company unattended. The wise manager, going to the rest, should leave his deputy for the deadlines for reporting reports, paying taxes, payments under contracts, and also leave phone numbers of customers, customers and business partners.

Any employee of the company has the full right to rest, because in its rights he does not differ from the ordinary person. Also, this item is registered in the Labor Code, so any owner of the firm must follow it.

Everyone knows how to write a statement so that it is correctly executed, but the CEO leave is a completely different question, the answer to which may not be registered in TC. A particularly difficult situation becomes if the Director-General is the founder of the company.

According to the statute

The first document, where it can be accurately registered the entire path of receiving holidays for the Director-General is the main charter of the company. As a rule, a condition is recorded, in which the director can assemble all founders who decisive the question.

Algorithm of actions:

the director must compile and write an application addressed to the chairman of the meeting of the founders;
after that, the meeting decides;
according to the decision taken, the order is issued;
at the time of vacation, the meeting appoints another person to the director.

Such an order will be to sign the director itself, which indicates the name of the one who will occupy the temporary place of the rest, as well as the period of vacation. After the director returns from vacation, the personnel department worker will have to make all the information in.

Do I need to write an application for vacation by the Director-General

The director will have to write a vacation application, like any other worker. The blank must have filled out of the lack of lack of time, the FULL NAME. The document goes to shareholders that will have to consider the application.

But there is also a way in which the procedure does not require registration. In this case, the document will not be sent to shareholders, and therefore, as soon as possible, it turns out to go on vacation. All that is necessary with this option is to draw up an order that will temporarily assign the acting director.

In fact, most directors do not even need holidays, as the company's charter simply does not indicate how the entire operation should be held. If the director enjoys such an opportunity, he records his vacation period even in advance.

What the Director should prepare if he wants to go on vacation:

Labor agreement on setting deadlines.
Order on the prescribed form. But only at the case when he himself has the authority, allowing you to sign an order of vacation for yourself. Since this document is a simple formality, even the Chairman of the General Assembly can sign and draw up an order.

The director can transfer his place at the time of vacation to the following persons:

Deputy Director.
An employee who fulfills the director's instructions.
Head of the Structural Unit.
An employee specifically hired to fulfill temporary obligations. Such people hire with the help of a "urgent" contract.

The law itself does not specify any experience or level of qualification should be in a person who can be appointed by a temporary duties.

Compilation and sample of the order

The procedure for issuing a vacation order for the personnel department will be made completely different, depending on who lobbies the provision of holidays to the director.

If the decision is put completely on the shoulders of society, then a person chosen by society should sign an order for this action. All the powers of such representatives of the Company are registered in the protocol of the General Assembly. Then it is necessary to compile a document of the T-6 form.

But this document will be slightly changed according to the rules that are registered in Decree No. 20. In this case, the Count "Commissioner Society" will be changed. That is, the name of the person who was chosen to sign the document will be written here.

In the case when the head is responsible for drawing up and making a vacation agreement, then the application for leave will be written in shape T-6 and must be signed by the director himself.

The order must contain:

requisites;
number;
first name, surname, name;
position;
structural subdivision;
working year;
the duration of vacation calculated in calendar days.

Delegation of authority

There are such companies that in their charter prescribe in advance that several persons can be submitted immediately. In this case, it makes no sense to transmit any authority to someone, in the confusion, it is necessary to assign someone who will replace the director at its place of the head.

In order to appoint a certain person by a temporary director, an order is written with the authority that the worker receives, as well as the term of work. In addition, that society be reinsured, the company draws up a power of attorney, which allows a person to speak on behalf of LLC.

If the selected employee does not have an item in his workforce, which permits to fulfill the duties of the Director in its absence, then it is necessary to compile an additional document. The new treaty will have to allow a person not only to work for his position, but at the same time be a temporary executor of the duties of the director.

By and large, the transfer of authority and other important steps the company calculates in advance, since the departure of the Director-General sooner or later will be implemented.

That is why many people try to show themselves from the best side to get a temporary position and try to fulfill all the obligations perfectly. In some cases, the Council of society notices the talent, zeal and the desire to develop, thereby gives the road to the increase.

If the only founder of LLC

If the director is the only founder of LLC, then the entire algorithm becomes much easier. First, in order to arrange and sign the paper, other persons are not needed, the director himself issues his vacation, confirming the signature. After that, an order is published indicating the person who will be temporarily executed.

As a rule, many people work precisely according to such a scheme, since they are directors of small societies that simply do not need additional founders. Especially this way to send on vacation is common in small cities, since it is in such a terrain that the small and medium business is most developed.

Feedback from Vacation

There are such situations where the director must be recalled from vacation. This feature is prescribed in the Labor Code in Article 125, according to which the early return may be possible only with the consent of the director itself.

Vacation review can be issued in different ways, depending on the company's charter or according to the conditions prescribed in the TC.

Algorithm review director from vacation:

Another founder or a whole meeting has the right to make a decision that the Director should return to his work activity in the company. But for this document to have power, the Council should specify an objective reason for returning, for example, a solution to the problem requiring its immediate presence.
After the decision to return with the reason is made, an order to revals the founder.
When the document is ready, he goes to the founder for a signature.

With that situation, when the director is a founder or acts according to the Labor Code, the algorithm is seriously reduced, only an order of early return from vacation is sufficient.

The order form for the release of the General Director:

Calculation of manuals

Since the Director-General is the same employee employee, as well as other employees, then payments are calculated according to the standard principle. For the calculation takes twelve months before vacation, subject to work in the organization for more than one year. If the director takes his position for less than a year, then the actual time worked in society is in mind.

Vacations are calculated by this formula:

Amount \u003d ZPSRD. X N.

To determine what wages receives in one day of its work, use the formula:

ZPSR. \u003d Zpg. / 12 months. / 29.3.

Zpgorod - salary for the year.

Vacations are calculated not only from the size of the average wage, it also includes official salaries, premiums, premium and any other options for increasing the official income to the director's posts.

If the employee worked not a complete period, then the day salary will decrease, so the steps of calculating medium pay will change.

To begin with, the accountant will determine how many days the director worked:

D_1 \u003d Nones. x 29,3.

After that, it is necessary to understand how many days were missed:

D_2 \u003d 29.3 / DN.O. X D P.O.

Now after two variables are known, you can define the total number of days:

The last stage is the calculation of average wages:

ZPSR. \u003d (Zpnach.) / (Good)

This whole formula consists of variables:

For clarity it is necessary to give an example.

Leader: general director of Dolphin LLC I.I. Nikolaev decided to take a vacation from 15.06. on 15.07. It is known that its size salary over the past twelve months is 10,000,000 rubles.

Then, following the formula, we obtain the following calculations:

ZPSR. \u003d 1000 000/12 months. / 29.3 \u003d 2844.1 rub., Amount \u003d 2844.1 x 28 days \u003d 79634.8 rub.

Vacations will be equal to 79634.8 rubles.

When employees are going to arrange an annual rest, the head of the company is engaged in signing applications.

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However, what to do in a situation where he himself should go on vacation? What documents should be prepared? Answers to these questions will be discussed in this article.

How is the annual holiday made correctly?

You can make a release of the general director, two options, one of which should be indicated in the company's charter.

With the preparation of a written application

In this case, the petition is written about the provision of a rest indicating the lack of time, the date and phio of the compiler.

Used in cases where the decision is made by shareholders.

An example of a document is presented below:

Sample vacation application

As a result of the meeting of members of the Company, it is determined:

is it worth providing a vacation for a specified period;
who will temporarily fulfill the duties of the director.

Without registration

The preferred option allows not to spend time on matching the solution with shareholders.

In this case, the director will only need to make an order for the transfer of authority to another employee for the rest.

In practice, it often happens that the Charter does not indicate a way to make leave.

In this situation, the director plans it when drawing up in common, and not need to write a statement.

Before leaving the annual rest should be prepared:

Labor agreement on setting deadlines. It indicates the period during which it will be necessary to carry out the duties of the Director, as well as the payment of labor.
Order on established by law. When the head of the company has the right to determine the date of vacation, he independently signs the order. Otherwise, the formality is performed by the Chairman of the General Assembly. The document must contain the name of the head that is gathering to relax from labor activity, and the period of removal from the post (date, number of calendar days).

The company's head may convey its authority (subject to the content of such a paragraph in the contract):

deputy;
employee executing orders in the order of combining posts;
head of the Structural Division;
a new employee when issuing a "urgent" contract.

The legislation does not provide for the level of qualification level of a specialist who replaced the Director-General, but it must be able to competently manage the enterprise.

Before removing the post in free form, an order is made to transfer duties.:

Sample order

How are vacation benefits calculated?

Payments to the Director-General are calculated on the same principle as other employees.

For the estimated period are accepted:

the last 12 months - if labor activity in a particular organization lasts more than a year;
the actual time of work on the firm - if the director worked less than a year. The accountant must take into account the days of the absence of a hospital, business trip, etc.

The vacation chapter of the organization is determined by the following formula:

Amount \u003d ZPSRD. x N, where

ZPSR.D. - the size of the average day salary;
N - the number of days of the vacation provided.

With a fully exhaust settlement period, the size of the average salary per day is determined as follows:

ZPSR. \u003d Zpgorod. : 12 months. :29.3, where

Spagg. - employee annual salary.

When the vacation tax is accrued, specialists must take into account:

official salaries;
salary by piece of rates;
admissions for professionalism;
premium rewards.

With a fully spent period, the average day salary is determined several steps.

Accountant believes how many days the employee worked completely:

D_1 \u003d Nones. x 29.3

It is established how many days has been worked out with incompleteness:

D_2 \u003d 29.3:n.o. X D P.O.

The total number of days is calculated:

Good. \u003d D1 + d2

The average salary per day is determined:

ZPSR. \u003d (ZPNACH.) / (Good), where

Nones. - the number of worked months;

Bottom. - how many days it was not fully worked out in the last month to vacation;

DP.O - the number of days that were fully worked out;

ZPNACH - Accrual for the time interval.

Example number 1.

General Director of the company "Edelweiss" M.M. Belova issued an annual vacation from 07/16/2015 to 08/16/2015. Salary for the last year of work amounted to 880,000 rubles. Determine the size of the holidays.

Decision:

We define the average day salary on the formula previously discussed:

ZPSR. \u003d 880 000:12 months :29.3 \u003d 2502.8 rubles.

We find the number of vacations, assigned to M.M. White:

Amount \u003d 2502.8 x 28 days \u003d 70 080 rub.

Example number 2.

General Director of Silania OJSC F.N. Teremkova got a job on October 15, 2014 and is going to relax from July 16 to August 16, 2019. In February 2019, she sick 2 weeks. Payments for spent time amounted to 670,000 rubles., Hospital - 27,000 rubles. Determine the amount of vacations.

Since S.V. Teremkova worked part-time, you need to make such calculations:

D_1 \u003d 9 months. x 29.3-14 \u003d 249 days - F.N. Teremkova worked completely

D_2 \u003d 29.3:31 x 15 \u003d 14 days, were worked out with incompleteness, plus another 14 days in February

Good. \u003d 249 + 14 + 14 \u003d 277 - days used to calculate

670 000 - 27 000 \u003d 643 000 rub. - salary taken to the calculation

Determine the size of the average daytime earnings:

ZPSR. \u003d (643 000 rubles) / 277 \u003d 2321.3 rubles.

Vacations will be:

2321.3 rub x 28 \u003d 64997 rub.

Is it possible to withdraw the head during the rest?

The chapter of the company can really be withdrawn from vacation, but for this should be followed by the rules established in the TK RF.

A similar solution can be made in the following cases:

at the general meeting of shareholders - is issued by the relevant protocol and order;
with the written consent of the Director of the premature return to labor obligations;
At the initiative of the head.

If necessary, an additional order is drawn up.

According to this document, the personnel department defines the number of unused days of rest and makes changes to the personal card, as well as vacation schedule.

In what order the head of the organization is given a vacation? Do you include it in vacation schedule? What order to make care of vacation - in arbitrary form or in a unified? What authority of the manager can be transmitted during his vacation? Who can delegate authority from employees?

Director (, president, etc.), he is the head of the organization, like all other employees, has the rights granted by labor legislation, including the right to leave. But since the leader has a number of powers that are provided only to him, during his absence a different employee must be appointed, who will perform the functions of the head. In the article, we will consider what order is available to the director, who can and how can perform his duties and how authority is transmitted.

Head and his competence

In Article 273 of the Labor Code of the Russian Federation, the head of the organization is characterized as an individual, which, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, the constituent documents of a legal entity ( Organizations) and local regulatory acts carry out the management of this organization, including performing the functions of its sole executive body.

The head is the sole executive body of the Company (director, general director, president, etc.), who is elected by the general meeting of the Company's participants for a period defined by its charter, if the charter of the decision of these issues is not attributed to the competence of the Board of Directors (Supervisory Board) of the Company. The sole executive body of the Company can be elected not among its participants.

At the head of the institution (hereinafter - the Director), as an employee applies to the operation of labor legislation, and as an executive body - civil law. The effect of labor legislation, in particular ch. 43 TK RF, applies to managers of all organizations regardless of their organizational and legal forms and forms of ownership, except in cases where:

the head of the organization is the only participant (founder), a member of the organization, the owner of its property;
the management of the organization is carried out under a contract with another organization (managing organization) or an individual entrepreneur (manager) (Part 2 of Art. 273 of the Labor Code of the Russian Federation).

In addition, the Director's activities are governed by the provisions of other laws and regulations operating in relation to the heads of the specific type of organizations. The most common forms of commercial organizations are limited liability companies and joint-stock companies. Accordingly, federal laws may be allocated from 08.02.1998 No. 14-FZ "On Limited Liability Societies" (hereinafter referred to as the Law on OOO) and from December 26, 1995 No. 208-FZ "On Joint-Stock Companies".

Individual entrepreneurs in labor activities are guided by the Labor Code.

In accordance with paragraph 4 of Art. 32 and art. 40 of the Law on Ltd. to the competence of the Director include all current issues of management of the Company's activities, if, according to the Law or the Charter of the Company, their decision is not included in the competence of the general meeting of the participants of the LLC, the Board of Directors (Supervisory Board) and the Colleagidal Executive Authority of the Company. Director, in particular:

without a power of attorney, it acts on behalf of the Company, including represents his interests and makes transactions;
issues a power of attorney for the right of representation on behalf of the Company, including power of attorney with the right of handover;
publishes orders for the appointment of employees of society, about their translation and dismissal, applies the measures of encouragement and imposes disciplinary recovery;
carries out other powers, not related to the competence of the General Assembly of the Company's participants, the Board of Directors (Supervisory Board) of the Company and the Colleagidal Executive Authority of the Company.

The procedure for the activities of the Director and the adoption of solutions is regulated by the Company's Charter, internal documents of the Company, as well as a contract concluded between society and the director.

Registration of the director's vacation

First of all, we will remind that the right to use vacation for the first year of work arises from the director after the six months of its continuous work for this employer. By agreement of the parties, paid leave can be provided before the expiration of six months (Article 122 of the Labor Code of the Russian Federation).

The order of granting paid leave is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization, no later than two weeks before the calendar year in the manner prescribed by Art. 372 TK RF for the adoption of local regulatory acts (Art. 123 of the Labor Code of the Russian Federation).

The director must be notified on the start time of vacation, not later than two weeks before it began.

And the question immediately arises: what document is issued by the director and who subscribes this document? It all depends on whose competence includes the issue of granting leave to the director. If he is within the competence of the Founders of the Company, then the provision of vacation is issued by the Protocol of the General Assembly of the Company's participants (by the decision of one participant) and the order drawn up in arbitrary form and signed by the authorized founders face. Why in arbitrary form? Because the order compiled on the unified form of T-6 can only be signed by the head of the Organization or the person performing his duties.

If the provision of holidays to the director enters the competence of the Founders of the Company, it seems that initially, before drawing up the vacation schedule, the Director must agree with the founders and the presumptive date of its holiday.

For your information

By virtue of Art. 33 of the Law on OOO to the competence of the General Meeting of the Company's participants, in particular, the formation of the executive bodies of the Company and the early termination of their powers, if the Charter of the Company, the decision of these issues is not attributed to the competence of the Board of Directors (Supervisory Board) of the Company. As for the authority to solve other issues related to the activities of the head, including the provision of leave, they can be determined by the Company's charter.

If the provision of vacation is within the competence of the director himself, then everything is much easier. The director publishes the order for the provision of leave and signs it himself.

If, due to the production need, it is necessary to withdraw the director from vacation, then (again, depending on whose competence is included in the provision of vacation to this employee) the feedback is carried out by the founders of the Company on the basis of the Protocol (decisions) and the order or the director himself, which himself declares And sign an order for early leave from vacation.

For your information

Recalling the director from vacation is allowed only with his consent. Not used in connection with this part of the holiday should be provided by the director's choice at a time convenient for it during the current working year or is attached to vacation for the next working year (Article 125 of the Labor Code of the Russian Federation).

Transfer of authority director

So, before you go on vacation, the director must convey its authority to another employee who will be guided by the Organization instead: to sign employment contracts with new employees, contracts with counterparties, accounting and tax reporting documents, etc. It will have to submit an organization in state bodies, courts, etc. To begin with, the director must publish an order for the temporary execution of the responsibilities of the head by replacing it with his employee.

You should also make a power of attorney for the transfer of part or all authority of the director. A power of attorney can be one for the transfer and internal powers, and external - to represent the interests of the organization to third parties (in other companies, government bodies and courts), and maybe several.

Alliance LLC

on the imposition of duties

In connection with the next holiday

Order:

at the time of my holiday - from March 30 to April 13, 2015 - the execution of the duties of the director at the Deputy Director V. P. Kornilov.

Director Alexandrov V.P. Alexandrov

Some experts propose to delegate the authority of the director within the organization by order with the transfer of all transmitted powers in it, and before third parties - power of attorney. There is no fundamental difference here, and we believe that the powers implemented within the organization can be issued both by order and power of attorney. We give a sample of the order.

Limited Liability Company "Alliance"

Alliance LLC

on the transfer of authority

In connection with the next holiday

Order:

At the time of my vacation - from March 30 to April 13, 2015 - the execution of the duties of the Director at the Deputy Director of Alliance LLC Cornilov Viktor Pavlovich.

To transfer to the deputy director of Alliance LLC Cornilov Viktor Pavlovich at the time of vacation the following powers of the director LLC "Alliance":

conclusion and signing of contracts for sale and services on behalf of the Company;

signing employment contracts and additional agreements to labor contracts,

publication of personnel orders and orders for the overall activities of the Company;

signing accounting and financial documents.

Director Alexandrov V.P. Alexandrov

As for the presentation of interests in other organizations, you need a power of attorney. At the same time, notarial power of attorney is not required.

A power of attorney on behalf of a legal entity is issued signed by his head or other person authorized in accordance with the law and constituent documents (part 4 of Art. 185.1 of the Civil Code of the Russian Federation). Printing an organization in this case may not be put. However, in some cases, for example, to participate in civil and arbitration processes, the configuration signature must be certified by the organization (paragraph 3 of Art. 53 Code of Civil Procedure of the Russian Federation, paragraph 5 of Art. 61 APC RF).

If a power of attorney does not specify its validity, it retains the power during the year from the date of its commission (part 1 of Art. 186 of the Civil Code of the Russian Federation).

Power of attorney is drawn up on the company's branded form, where it has its main details. At the power of attorney should be indicated by the date of issue, the term of attorney, a person issuing a power of attorney (director), a person who is prescribed by the power of attorney (representative) transmitted to the powers and signature of the principal.

To preview the interests of the organization in other institutions to avoid misunderstandings, in the formulation of such powers, do not use the phrase "to represent the interests of society in any enterprises, institutions, organizations, regardless of their ownership forms," \u200b\u200band specify specific government agencies, for example: "... to represent interests Societies in tax authorities, state extrabudgetary funds, internal affairs bodies and other institutions and organizations regardless of their forms of ownership and carry out all actions related to the presentation of the interests of society in these bodies, institutions and organizations. "

Methods for replacing the director

With the transfer of authority we figured out. However, in addition, it is necessary to make a replacement of the position of the director documented. And depending on the method of replacing the design options several. Consider them.

1. The director has a full-time deputy and obligations on the substitution, he is registered in his employment contract and the job description. Some experts believe that in this case you do not need to make an order and make a power of attorney. But we consider differently: regardless of whether the obligations are prescribed by the director in the employment contract, the job description, and the order, and the power of attorney are needed. At the same time, it is enough to arrange them once, and not every time with the departure of the director on vacation, because, in addition to vacation, it may be on a hospital, on a business trip, etc. In the order it is indicated that the execution of the duties of the Director assigned to his absence to the Deputy Director .

2. The duties of the director performs another employee of the organization in the order of combining posts.

According to Art. 60.2 of the Labor Code of the Russian Federation with the written consent of the employee, it may be assigned to fulfill the fulfillment during the established duration of the working day along with the work defined by the employment contract, additional work on another or the same profession (position) for an additional fee.

Combined by concluding an additional agreement to the employment contract, which establishes a period during which the employee will perform additional work, its maintenance and volume, as well as the amount of surcharge.

Thus, when combined the position of the Director, the following documents are needed: the written consent of the employee to combine the position of the Director, the Agreement for the Labor Treaty, the order on the performance of the director's responsibilities in order to combine posts, the power of attorney for the transfer of authority.

In addition to alignment in the Labor Code, such a form of fulfillment of other work is provided, as - the fulfillment of the time of the same employer (internal compartment) and (or) from another employer (external combination) in its free work (internal compatibility) and (or) from another employer (external combination) RF). However, we will not consider this method, since such a form of replacement of the post of director in practice does not apply.

3. The duties of the director performs another employee of the organization in the order of temporary translation.

By virtue of Art. 72.2 of the Labor Code of the Russian Federation by agreement of the parties concluded in writing, the employee may be temporarily transferred to another work at the same employer for a period of up to one year, and in the case when such a translation is carried out to replace the temporarily absent employee, for which in accordance with the law The place of work is preserved, - before the release of this employee to work. According to Part 1 of Art. 72.1 TK RF translation is allowed only with the written consent of the employee, with the exception of some cases established by Art. 72.2 TK RF.

Thus, when transferring an employee to the position of Director, the written consent of the employee is also needed, an additional agreement to the employment contract, an order for the temporary translation to the position of director during its absence and power of attorney.

Recall that according to Part 1 of Art. 72.2, if at the end of the translation date, the employee is not provided, and he did not require it to provide and continues to work, the condition of the agreement on the temporary nature of translation loses strength and translation is considered constant.

4. The responsibilities of the director performs an employee from the urgent employment contract. Immediately, let's say that this method is usually applied when the director goes into a long vacation, such as pregnancy and childbirth or child care.

In this case, it is to execute the duties of the missing employee, which in accordance with labor laws and other acts containing the norms of labor law, a collective agreement, agreements, local regulatory acts, employment contract (Article 59 of the Labor Code of the Russian Federation).

Regarding other documents in the event of an urgent employment contract is not required, since the employee is already taken to the position of director with all relevant authority.

Wages on the replaced position

Due to the complexity of labor, an increased responsibility and the number of work performed by the Deputy during the absence of the Director of the work, it should receive a fee for his work. Increased payment is provided for by the norms of the Labor Code.

So, according to Art. 151 of the Labor Code of the Russian Federation in combining professions (posts), expanding the areas of service, an increase in the amount of work or the fulfillment of the responsibilities of a temporarily absent employee without exemption from work, a certain employment contract, an employee is completed. At the same time, the amount of surcharge is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

In the execution of the duties of the Director, during the temporary transfer, the payment of labor is determined by agreement of the parties, but, as a rule, it is established in the amount of wages for his position.

As for the standard deputy, according to explanations on the procedure for payment of temporary substitution of 29.12.1965 No. 30/39, approved by the Resolution of the USSR State Protection Protection and the secretariat of the Central Federal District and the Currently (hereinafter - explanations), the employer must pay the employee, temporarily acting including a regular deputy, difference in the salary.

Thus, no matter how directing the director, the wage of the employee, its replacement, should be no less than the salary of the director.

At the same time, the deputies according to the para. 6 p. 1 explanations are promoted under conditions and in size, which are established by the position of the replaced employee. The premium is accrued to the difference in the salaries in the same manner as an extra charge for the combination of posts.

Finally

We looked at how the replacement of the temporary absent leader of the organization is issued. And I would like to say that it costs to this seriously, because the director not only carries full material responsibility for the direct valid damage caused to the organization, but also can be attracted to civil and administrative, and to criminal liability. And if the director does not leave the deputy or leave instead of himself, but will not issue, then for all that happened during his absence will be responsible for himself.

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