He must sign. This document can be drawn up by the personnel manager or other responsible person.

After this, an order for granting leave is drawn up (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 manager. In both cases, he must sign indicating consent.

Before the general director leaves, it is necessary to select and approve by order his replacement. If he has a deputy, then there are no special problems. In the first case, a responsible person is selected, appointed, and wages are raised. All this must be specified in the order. A sample order is as follows: “I order the General Director (full name) for a period of (specify period). Establish for this period an additional payment (position and full name of the deputy) for the temporary performance of duties of the head of the organization in the amount of (amount in figures).”

note

The CEO goes on vacation. Use the search on the forum! The head of the organization resolves basic personnel issues, including signing orders for granting vacations to employees. But what if the CEO himself is planning to take a break? In whose name is he writing the application, and who is authorized to “let” him go on vacation?

Helpful advice

The CEO goes on maternity leave. Please tell me what we should do. If the term of office of your director is not completed, it seems to me that an order for the appointment of an interim director is sufficient: “In connection with the director going on maternity leave, I order the appointment of an interim director for the period from “... to... Full name For the specified period, he is given the right to sign for the management of all financial documents, as well as accounting and tax reporting."

Sources:

• the director goes on vacation

The CEO, like any other employee, must be included in the schedule vacation ov. When leaving for the required rest, it is advisable to appoint a deputy. It’s good if the organization has a person replacing him, but what if not?

In this case, by order of the General directors a responsible person is appointed. Remember that the choice of such a person must be approached responsibly, because when going into vacation, you trust your business to a person.

If the decision to vacation If the meeting does not accept it, then it is the participants who choose the deputy. All this is documented in a protocol (decision), where everyone signs.

One cannot avoid drawing up an order (instruction) to provide vacation a (form No. T-6). The order may be signed by the meeting. In another case, no matter how absurd it may sound, the manager himself must sign, and put the second signature in the “ ” line.

All documents are transferred to personnel employees, and then to the accounting department, where the accruals are made. Like any other employee, vacation New payments to the general director must be issued three days before leaving for the required rest.

Sources:

• general director's leave order

An appeal to the manager on issues requiring an official decision must be made in writing according to the rules. And every working citizen of our country was faced with the need to draw up such a document, since it was statement is the basis for making many decisions. This could be hiring, transfer, dismissal or granting another vacation.

You will need

• - A sheet of A4 paper;
• - pen.

Instructions

In the legislative acts of the Russian Federation there is no regulated form for the name of the director of an enterprise, but there are generally accepted norms and rules for the preparation of business papers. There is only one mandatory condition for this document - it must be written in your own hand. So have a piece of A4 paper and a pen ready, and the printed text of the standard statements will serve as a template for you. You can view some templates by following the link provided at the end of the article. When writing a statement, adhere to the business style of communication, be as brief and specific as possible, avoiding describing unnecessary details and circumstances.

Begin your application by filling out the details. They should be located in the upper right corner of the sheet. Here, indicate the position, last name, first name and patronymic of the manager in the “to” format. Immediately below it write your position, the name of the structural unit of the enterprise in which you work, your full name in the “from whom” format.

In the center of the sheet write the title of the document “Application” and below it briefly the essence of the appeal. Next, state your request and indicate dates, if necessary. Sign the document and decipher the signature in brackets, indicating your last name and initials.

Helpful advice

Be sure to register your application with the secretary. This will allow you to confirm the fact of your written appeal, in case the document suddenly gets lost and you need proof of your appeal to your manager. For example, if you resign at your own request. Here, according to Article 80 of the Labor Code, the countdown of the time (two weeks) allotted by law to warn the employer begins on the next day after receiving the employee’s application. After this period, the employee has the right to stop working and demand the issuance of a work book with a record of dismissal and a full payment.

Sources:

• Sample application for employment in 2019

Additional payment to the basic salary can be applied for in connection with combining two positions or with an increase in the volume of work performed. According to the instructions of labor legislation, any additional payment must be documented.

You will need

• - additional agreement;
• - order.

Instructions

The internal regulations of your enterprise must contain detailed instructions on the tariff increase in wages associated with combining positions or increasing the volume of work performed. The surcharge can be indicated in a flat monetary amount or as a percentage of the salary or hourly tariff rate, it depends on the form of remuneration at your enterprise.

You can assign additional work or combine professions only by mutual agreement with the working employee. Document the agreement in the form of an additional agreement to the current employment contract. Bilateral signing of an agreement means that the employee agrees to perform an additional amount of work or combine professions for additional pay. Indicate the amount of the surcharge as a separate item in the executed and signed document.

Issue an order based on the newly created additional agreement. Give it a link to regulations, to the drawn up agreement, indicate the amount of additional payment, the deadlines for completing an additional amount of work or combining professions.

Familiarize the employee with the order against signature. Submit a written notification to the accounting department about the accrual of an additional payment to the basic salary or hourly tariff rate. Based on the notification, the employee will be accrued in accordance with the new wage conditions.

You can assign an additional amount of work or combine professions for 1 month, during which you are obliged to find an applicant for available vacancies.

Make tax deductions from the entire amount of earnings. Deductions do not need to be made from social benefits, financial assistance and one-time payments. Accruals for social benefits must be carried out taking into account all amounts of the employee’s earnings, which include the registered one.

Tip 6: How to arrange a vacation for the general director of an enterprise

Like any ordinary employee of the organization, the general director of the enterprise is entitled to annual basic paid leave. Its design has a number of features, because the head of the company is responsible for the entire company. An acting person should be appointed in his place.

You will need

• - documents of the enterprise;
• - forms of relevant documents;
• - director’s documents;
• - pen;
• - seal of the organization;
• - Labor Code of the Russian Federation.

Instructions

The decision to grant leave to ordinary employees of the organization is made by the director of the enterprise. If he himself needs to take leave, the right to make this decision must be spelled out in the constituent documents of the company. If this is not enshrined in the charter of the enterprise, the general director must write an application addressed to the chairman of the constituent meeting about the possibility of granting him leave if there are several participants in the company, or addressed to the sole founder if the enterprise has one participant. The head of the organization must submit this application for leave for consideration to the chairman of the board of founders or the only participant no later than a month before the expected date of leave.

When the charter or other constituent document of the organization states that the director himself has the right to make a decision on granting vacation, then his vacation must be included in the vacation schedule in parallel with other employees. Two weeks before the actual date, a notice must be given, which he must sign, thereby agreeing to the start date of the vacation.

The director should draw up an order using the unified T-6 form. The subject of the document corresponds to the provision of employee leave. Assign the order a number and date of publication. In the administrative part of the document, enter the last name, first name, patronymic of the head of the enterprise, the name of his position, structural unit. Indicate the start and end date of the vacation, write the number of calendar days of the vacation provided. The director of the enterprise has the right to sign, if he himself made this decision, and the chairman of the board of founders, if the issue of his leave was considered at a meeting of participants.

In parallel with the order for granting leave, it is necessary to draw up an order for the appointment of an acting general director during his absence. Such a person may be the head of one of the structural divisions, if the staffing table does not provide for the position of deputy director.

"Salary", 2013, N 1

IF THE DIRECTOR GOES ON HOLIDAY

The burden of responsibility of the head of the company is enormous; in fact, he is responsible for everything. But just like all employees, the director is entitled to annual paid leave.

A director is an employee. He is subject to all norms of labor legislation, in particular regarding vacations.

General rules for granting leave

In accordance with Art. 123 of the Labor Code, the priority for granting paid vacations is determined annually in accordance with the vacation schedule. The vacation must be planned in advance and reflected in the unified form N T-7 "Vacation Schedule", approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.

Note. Read more about this in the article “Vacation schedule: we make it all year round” // Salary, 2012, No. 12.

The employee must be notified of the vacation no later than two weeks before it begins.

You can issue a vacation order in advance. The order specifically contains the line “The employee has been familiarized with the order (instruction).” See sample 1 on the next page.

Sample 1

Order on granting leave

Note. Who will sign the order for the director’s leave?

The order for granting leave must be signed by the director himself. This is stated in the Letter of the Federal Service for Labor and Employment dated March 11, 2009 N 1143-TZ: “In the process of labor relations, the manager issues (including in relation to himself) orders (for example, about going on a business trip, vacation).”

Based on the order, it is necessary to fill out a calculation note on granting leave to the employee (unified form N T-60) and pay vacation pay no later than three days before the start of the vacation (Part 9 of Article 136 of the Labor Code of the Russian Federation).

Special status - special procedure for vacation planning

In addition to the Labor Code, the activities of the director are also regulated by other laws.

Thus, Federal Law No. 208-FZ of December 26, 1995 “On Joint-Stock Companies” (hereinafter referred to as Law No. 208-FZ) does not prohibit the charter of organizations from prescribing a different procedure for granting leave to the manager (clause 3 of Article 11 of Law No. 208-FZ) . For example, the CEO may be required to agree on the start time of vacation and its duration with the founders or the board of directors.

Note. The company's charter may contain other provisions that do not contradict this Federal Law and other federal laws.

Delegation of powers during vacation

The director is the first person of the organization. It is he who makes transactions on behalf of the company, the state approves, issues orders and gives instructions that are binding on all employees of the company (Clause 2 of Article 69 of Law No. 208-FZ). To ensure that life in the organization does not stop during his vacation, the director must delegate his powers in advance.

I'm leaving for another vacation...

Before going on vacation, the director must sign an order transferring his duties. This is not a personnel order, but an order for the enterprise, and it can be drawn up in free form (sample 2).

Sample 2

Order on delegation of powers

I trust...

The director, being the sole executive body, acts on behalf of the company without a power of attorney, including representing its interests and making transactions, issues powers of attorney for the right of representation on behalf of the company, including powers of attorney with the right of substitution (clause 1, clause 3, article 40 Federal Law of 02/08/1998 N 14-FZ "On Limited Liability Companies"). The Law on Joint Stock Companies also allows only the director personally to act without a power of attorney (paragraph 3, paragraph 2, article 69 of Law No. 208-FZ).

Other persons to whom the duties of a manager have been transferred during the period of his annual leave can act only on the basis of an issued power of attorney. This procedure applies, in particular, to representing the interests of the organization in the tax authorities (Letter of the Ministry of Finance of Russia dated September 25, 2012 N 03-02-07/1-227).

The requirements for the execution of a power of attorney are established in Art. Art. 185 - 186 Civil Code:
- a power of attorney on behalf of a legal entity is signed by its head with the obligatory seal attached;
- the power of attorney must indicate the date of its execution;
- the validity period of the power of attorney cannot be more than three years. If the validity period is not specified, then it is valid for a year from the date of commission.

Also, the power of attorney must clearly state the list of powers that are granted to the deputy director (sample 3). It is better to issue a power of attorney on the organization’s letterhead, where its main details are indicated. There is no need for a notarized power of attorney.

Sample 3

Power of attorney

Right of first signature

In order for the organization to continue to operate uninterruptedly during the absence of the director, make purchases and sales, so that employees are paid salaries and vacation pay on time, he must transfer to the deputy the right to manage the organization’s funds.

The transfer of the right to first sign payment documents is formalized by an appropriate order or power of attorney. If the bank card does not contain a sample signature of a temporary replacement employee, then it is necessary to issue a temporary card. This procedure is contained in Bank of Russia Instruction No. 28-I dated September 14, 2006 “On opening and closing bank accounts and deposit accounts.”

Who should be left as deputy?

We showed the procedure for temporary transfer of authority using the example of a full-time deputy general director. Let's consider the nuances of such a replacement, as well as other possible options.

Full-time deputy

In large and medium-sized organizations, as a rule, the director has full-time deputies.

Must replace. The obligation to replace the manager during his absence is prescribed both in the terms of the employment contract and in the job descriptions of the deputy, as in sample 4.

Sample 4

Job description of the deputy director (fragment)

Additional payment for replacing a director. Is it necessary to pay extra to an employee who is a full-time deputy for the time when he acts as a director? Previously, the deputy was not entitled to such additional payment. Explanation of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 N 30/39 “On the procedure for paying temporary substitutions” directly indicated that full-time deputies do not have the right to receive a difference in salaries. But subsequently, this particular norm was canceled by the Ruling of the Supreme Court of the Russian Federation dated March 11, 2003 N KAS03-25. Now, in the issue of assigning additional payment, it is necessary to rely on the requirements of Part 1 of Art. 151 of the Labor Code: “When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally.”

The legislation does not specifically indicate the amount of additional payment in this case; it is established by agreement between the parties to the employment contract. In practice, the amount of payment is usually determined as the difference between the salaries of the director and his deputy. The corresponding entry is provided in the employment contract of a full-time deputy (sample 5).

Sample 5

Employment contract (fragment)

There is no full-time deputy

In small organizations there may not be a full-time deputy. In this case, responsibilities can be assigned to one of the heads of structural divisions.

Before issuing an order, it is necessary to conclude an additional agreement to the employment contract (sample 6). This document should establish the period during which the employee will perform the duties of a manager, as well as determine the amount of additional payment for additional work.

Sample 6

Additional agreement to the employment contract (fragment)

The law does not establish specific qualification requirements for an interim director. But in any case, the deputy’s qualifications must be high enough for him to competently manage the enterprise, even if only temporarily.

Note. Who is responsible during the director's vacation period?
The manager bears full financial responsibility for direct actual damage caused to the organization (Article 277 of the Labor Code of the Russian Federation). In addition, for losses caused to the company by his guilty actions or inaction, the director bears civil liability (Clause 2, Article 71 of Law No. 208-FZ and Clause 2, Article 44 of Law No. 14-FZ). Read more about this in the article “Financial responsibility of the head of the company” (“Salary”, 2012, No. 7).

If the director did not leave a deputy, then for all incidents that occurred during his absence, he himself will bear financial, administrative and criminal liability.

He must know tax, labor, civil legislation, industry standards, advertising laws, antitrust, and licensing rules. If there is no such employee in the organization, you can invite an outside employee to the position of director and accept him under a fixed-term employment contract.

When the director left no one in his place

If, when going on vacation, the director did not transfer his powers to another person, we can say that the work of the organization is suspended.

Non-cash payments and cash payments. To carry out any monetary transaction, the signature of the first person on the payment document is required. If there is no director and no one has the right of first signature, it becomes impossible to make money transfers, receive cash for paying salaries, etc.

It seems unnecessary to warn about the inadmissibility of forging the director’s signature, about affixing a signature in advance on blank forms of payment orders, checks (white sheets).

Personnel actions. Since there is no one to sign orders for admission, dismissal, vacation, business trip, etc., personnel work is paralyzed. Your employee won't even be able to retire!

Contractual work with partners. Concluding deals and signing contracts will be impossible. The production process and the financial well-being of the company may be at risk.

O.N.Rusakova
Labor Law Specialist

If the manager is the owner of the company, he independently decides when and where to rest. In this case, he does not write any statements.

General Director - employee

In this case, two options are possible.

Option 1

If the Charter states that the decision on the vacation of the first person of the organization is made at a general meeting of the company’s participants, the general director writes a statement addressed to the chairman of the meeting of owners of the organization.

At the meeting of owners, this application is considered and one of the decisions is made:

• approve;
• postpone;
• refuse.

The owners' decision is motivated by specific production reasons. There is a director in the schedule.

If the vacation is approved, an order is issued in free form. Who signs the order for the director’s leave is the chairman of the owners’ meeting.

In other cases, the leave of the first person is either simply postponed, or the person will have to write a new application.

If the request is approved, it is necessary to transfer his powers for some time to a person capable of managing the enterprise. The order for an acting director during vacation is signed by the chairman of the meeting of founders.

Option 2

If the Charter does not contain information on the procedure for providing annual paid days off to the boss, the rules should be followed.

Required documents

When your boss leaves, you need to prepare:

1. The decision of the company owners, if the director is hired; if the owner - go straight to the second point.
2. Vacation order.
3. A normative document on the temporary assignment of the duties of the first person to another employee, for example, to the first deputy.
4. A power of attorney to represent interests, which may be needed, for example, in court or a bank (for a court, an order for temporary performance of duties will not be enough, see Letter of the Ministry of Finance of Russia dated September 25, 2012 No. 03-02-07/1-227).

It is also necessary to take care of the manager’s vacation pay in advance, which should be transferred to him three days before leaving for vacation.

Interrupted Rest

In special cases, the general director can be asked to interrupt his vacation, according to the rules specified in. Such a decision can be made at a meeting of the company’s owners and formalized by an appropriate order. However, in this case, the general may not agree to interrupt his weekend. Revocation is possible only at the request of the manager himself, which is formalized in the form of an application for a premature return to his duties.

In what order is the head of an organization granted leave? Should I include it in my vacation schedule? What order should I issue for going on vacation - in a free form or in a unified form? What powers of a manager can be delegated during his vacation? Which employees can delegate authority?

The director (, president, etc.), who is also the head of the organization, like all other employees, has the rights granted by labor legislation, including the right to vacation. But since the manager has a number of powers that are granted only to him, during his absence another employee must be appointed to perform the functions of the manager. In the article we will consider the order in which leave is granted to the director, who and how can perform his duties, and how the transfer of powers is carried out.

The manager and his competence

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

The manager 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 determined by its charter, unless the charter refers to the resolution of these issues within the competence of the board of directors (supervisory board) of the company. The sole executive body of the company may not be elected from among its participants.

The head of the institution (hereinafter referred to as the director) as an employee is subject to labor legislation, and as an executive body - to civil law. The effect of labor legislation, in particular Ch. 43 of the Labor Code of the Russian Federation, applies to the heads of all organizations, regardless of their organizational and legal forms and forms of ownership, except for those cases when:

• the head of the organization is the only participant (founder), member of the organization, owner of its property;
• the organization is managed under an agreement with another organization (management organization) or an individual entrepreneur (manager) (Part 2 of Article 273 of the Labor Code of the Russian Federation).

In addition, the activities of the director are regulated by the provisions of other laws and regulations applicable to the heads of a particular type of organization. The most common forms of commercial organizations are limited liability companies and joint stock companies. Accordingly, we can highlight federal laws dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law) and dated 12/26/1995 No. 208-FZ “On Joint-Stock Companies”.

Individual entrepreneurs in matters of labor activity are guided by the Labor Code.

In accordance with paragraph 4 of Art. 32 and art. 40 of the LLC Law, the competence of the director includes all current issues of managing the company’s activities, if, according to the law or the company’s charter, their decision is not within the competence of the general meeting of LLC participants, the board of directors (supervisory board) and the collegial executive body of the company. Director, in particular:

• acts on behalf of the company without a power of attorney, including representing its interests and making transactions;
• issues powers of attorney for the right of representation on behalf of the company, including powers of attorney with the right of substitution;
• issues orders on the appointment of company employees to positions, on their transfer and dismissal, applies incentive measures and imposes disciplinary sanctions;
• exercises other powers that are not within the competence of the general meeting of the company's participants, the board of directors (supervisory board) of the company and the collegial executive body of the company.

The procedure for the director's activities and decision-making is regulated by the company's charter, internal documents of the company, as well as an agreement concluded between the company and the director.

Registration of director's leave

First of all, let us remind you that the right to use vacation for the first year of work arises for the director after six months of his continuous work with 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 provision of paid vacations 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 start of the calendar year in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations (Article 123 of the Labor Code of the Russian Federation).

The director must be notified of the start time of the vacation against signature no later than two weeks before its start.

And here the question immediately arises: what document is used to document the director’s leave and who signs this document? It all depends on whose competence it is to grant leave to the director. If it is within the competence of the founders of the company, then the granting of leave is formalized by the minutes of the general meeting of the company's participants (a decision of one participant) and an order drawn up in any form and signed by a person authorized by the founders. Why in any form? Because an order drawn up according to the unified T-6 form can only be signed by the head of the organization or the person performing his duties.

If granting leave to a director is within 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 on the estimated date of his leave.

For your information

By virtue of Art. 33 of the LLC Law, the competence of the general meeting of the company’s participants includes, in particular, the formation of the executive bodies of the company and the early termination of their powers, if the company’s charter does not include the resolution of these issues within the competence of the board of directors (supervisory board) of the company. As for the powers to resolve other issues related to the activities of the manager, including the provision of leave, they can be determined by the charter of the company.

If the provision of leave is within the competence of the director himself, then everything is much simpler. The director issues an order granting leave and signs it himself.

If, due to production needs, it is necessary to recall the director from leave, then (again, depending on whose competence it is to grant leave to this employee), the recall is carried out by the founders of the company on the basis of a protocol (decision) and order, or by the director himself, who himself draws up and signs an order for early departure from vacation.

For your information

The director's recall from vacation is permitted only with his consent. The part of the vacation not used in this regard must be provided at the director’s choice at a time convenient for him during the current working year or added to the vacation for the next working year (Article 125 of the Labor Code of the Russian Federation).

Transfer of powers of the director

So, before going on vacation, the director must transfer his powers to another employee, who will manage the organization instead: sign employment contracts with new employees, contracts with contractors, accounting and tax reporting documents, etc. In addition, it is possible , you will have to represent the organization in government bodies, courts, etc. To begin with, the director must issue an order on the temporary performance of the duties of a manager by his replacement employee.

You should also issue a power of attorney to transfer part or all of the director’s powers. There can be one power of attorney for the transfer of both internal powers and external ones - for representing the interests of the organization before third parties (in other companies, government bodies and courts), or there can be several.

Alliance LLC

on assignment of responsibilities

Due to another vacation

I ORDER:

to assign the duties of director to Deputy Director V.P. Kornilov during my vacation - from March 30 to April 13, 2015.

Director Alexandrov V. P. Alexandrov

Some experts propose to delegate the powers of a director within the organization by means of an order listing all delegated powers, and to third parties - by a power of attorney. There is no fundamental difference here, and we believe that powers exercised within an organization can be formalized either by order or by power of attorney. Here is a sample order.

Limited Liability Company "Alliance"

Alliance LLC

on the transfer of powers

Due to another vacation

I ORDER:

1. During my vacation - from March 30 to April 13, 2015 - assign the duties of director to the deputy director of Alliance LLC, Viktor Pavlovich Kornilov.
2. To transfer to the deputy director of Alliance LLC, Viktor Pavlovich Kornilov, the following powers of the director of Alliance LLC during his vacation:

• conclusion and signing of sales and purchase agreements and provision of services on behalf of the Company;
• signing employment contracts and additional agreements to employment contracts,
• publication of personnel orders and orders on the general activities of the Company;
• signing accounting and financial documents.

Director Alexandrov V. P. Alexandrov

As for representing interests in other organizations, a power of attorney is required. In this case, it is not necessary to issue a notarized power of attorney.

A power of attorney on behalf of a legal entity is issued signed by its director or another person authorized to do so in accordance with the law and constituent documents (Part 4 of Article 185.1 of the Civil Code of the Russian Federation). In this case, the organization’s seal may not be affixed. However, in some cases, for example, for participation in civil and arbitration proceedings, the signature of the principal must be certified by the seal of the organization (clause 3 of article 53 of the Civil Procedure Code of the Russian Federation, clause 5 of article 61 of the Arbitration Procedure Code of the Russian Federation).

If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution (Part 1 of Article 186 of the Civil Code of the Russian Federation).

The power of attorney is issued on the company's letterhead, which contains its basic details. The power of attorney should indicate the date of issue, the validity period of the power of attorney, the person issuing the power of attorney (director), the person to whom the power of attorney is issued (representative), the powers being transferred and the signature of the principal.

To represent the interests of the organization in other institutions, in order to avoid misunderstandings, we recommend that when formulating such authority not to use the phrase “to represent the interests of the Company in any enterprises, institutions, organizations, regardless of their form of ownership,” but to indicate specific government institutions, for example: “... to represent the interests the Company in tax authorities, state extra-budgetary funds, internal affairs bodies and other institutions and organizations, regardless of their form of ownership, and perform all actions related to the representation of the interests of the Company in these bodies, institutions and organizations.”

Methods for replacing a director

We have sorted out the transfer of powers. However, in addition to this, the replacement of the director’s position should be documented. And depending on the replacement method, there are several design options. Let's look at them.

1. The director has a full-time deputy and the duties of the replacement are specified in his employment contract and job description. Some experts believe that in this case there is no need to issue an order and draw up a power of attorney. But we think differently: regardless of whether the duties for replacing the director are specified in the employment contract, job description, both the order and the power of attorney are needed. At the same time, it is enough to issue them once, and not every time when the director goes on vacation, because in addition to vacation, he may be on sick leave, on a business trip, etc. The order states that the performance of the duties of the director is assigned to the deputy director during his absence .

2. The duties of the director are performed by another employee of the organization in a combination of positions.

According to Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day, along with the work specified in the employment contract, additional work in a different or the same profession (position) for an additional fee.

The combination is formalized by concluding an additional agreement to the employment contract, which establishes the period during which the employee will perform additional work, its content and volume, as well as the amount of additional payment.

Thus, when combining the position of director, the following documents are required: the employee’s written consent to combine the position of director, an agreement to the employment contract, an order to perform the duties of a director in order to combine positions, a power of attorney for the transfer of powers.

In addition to part-time work, the Labor Code also provides for such a form of performing other work as performing, in free time from the main job, another regular paid job for the same employer (internal part-time work) and (or) for another employer (external part-time job) (Article 60.1 of the Labor Code RF). However, we will not consider this method, since this form of filling the position of director is not used in practice.

3. The duties of the director are performed by another employee of the organization by way of temporary transfer.

By virtue of Art. 72.2 of the Labor Code of the Russian Federation, by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained until the employee returns to work. According to Part 1 of Art. 72.1 of the Labor Code of the Russian Federation, transfer is permitted only with the written consent of the employee, with the exception of certain cases established by Art. 72.2 Labor Code of the Russian Federation.

Thus, when transferring an employee to the position of director, the employee’s written consent, an additional agreement to the employment contract, an order for temporary transfer to the position of director during his absence, and a power of attorney are also required.

Let us remind you that according to Part 1 of Art. 72.2, if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

4. The duties of the director’s position are performed by an external employee under a fixed-term employment contract. Let’s say right away that this method is usually used when the director goes on long leave, for example, for maternity or child care.

In this case, it is concluded for the duration of the duties of an absent employee, who, in accordance with labor legislation and other acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract, retains his place of work (Article 59 of the Labor Code of the Russian Federation).

There is no need to draw up other documents in case of concluding a fixed-term employment contract, since the employee is already accepted to the position of director with all the relevant powers.

Salary for the position being filled

Due to the complexity of the work, increased responsibility and the amount of work performed by the deputy during the absence of the director, he must receive appropriate payment for his work. Increased pay is provided for by the Labor Code.

So, according to Art. 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally. In this case, the amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

When performing the duties of a director during a temporary transfer, remuneration is determined by agreement of the parties, but, as a rule, it is set in the amount of wages for the position held.

As for the full-time deputy, according to the Explanations on the procedure for paying temporary replacements dated December 29, 1965 No. 30/39, approved by the Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Russian Central Council of Trade Unions and in force to the present time (hereinafter - the Explanations), the employer must pay the employee temporarily performing the duties of an absentee, in including a full-time deputy, the difference in salaries.

Thus, no matter how the director is replaced, the salary of the employee replacing him must be no less than the director’s salary.

In this case, substituents according to paragraph. 6 clause 1 of the Explanations bonuses are awarded according to the conditions and in the amounts established by the position of the replaced employee. For the difference in salaries, a bonus is calculated in the same manner as for an additional payment for combining positions.

Finally

We looked at how the replacement of a temporarily absent head of an organization is formalized. And I would like to say that it is worth taking this seriously, since the director not only bears full financial responsibility for direct actual damage caused to the organization, but can also be brought to civil, administrative, and criminal liability. And if the director does not leave a deputy in his place or leaves him but does not formalize it, then he himself will be held responsible for everything that happened during his absence.

The head of an organization is an official with his own responsibilities and powers that are decisive for the implementation of the financial and economic activities of the company. But, like any other employee, he can get sick, go on vacation, or go on a business trip on company business.

The daily circulation of documentation of the enterprise requires the signature of the manager. The right to do this, according to current legislation, only has the sole executive body - the director. But the manager can delegate his powers to a trusted person during his absence.

Who signs the documents if the director is on vacation, he decides for himself. Basically, such a person is his deputy, but responsibilities can be transferred to another person. Here we are talking about combination, so the consent of the company employee to this, drawn up using an additional agreement to the employment contract, will be required.

Can the general manager transfer his rights?

Director is the sole executive body of an enterprise (institution), acting on behalf of the organization without a power of attorney. If he goes on vacation, then the transfer of all responsibilities must be documented. If the general manager has a full-time deputy, then his powers will most likely be entrusted to him.

The main function of the deputy is to replace the first person of the company during his absence, but he can begin to perform his official duties only on condition of vacation, illness or business trip of the director.

If there is no such position in the staffing table, then the powers of the executive body can be assigned to another part-time employee of the enterprise. To delegate the duties of the director, an order is issued to appoint an interim director.

It is not prohibited by law to invite an outsider during the absence of the chief executive of the enterprise. In this case, he will be able to begin fulfilling his duties on the basis of a fixed-term employment contract (LLC Article 23). It is also possible to temporarily transfer an employee to a managerial position, but this is a rather complicated procedure and is therefore rarely used in practice.

Mandatory formalities

During his absence, the general director issues an appropriate order, on the basis of which the official will perform his duties during his vacation or business trip.

What papers should you prepare?

During a manager's vacation, his powers are assigned to another official by means of an order.

There is no standard form, but the document must necessarily contain the following basic details:

• place and date of compilation;
• name of company;
• "text" of the document;
• position, initials of the person signing the order;
• signature.

At the bottom of the document there is a separate line - “I have read the order.” If he agrees, the employee signs and indicates the date.

According to the Labor Code and Art. 33 transfer of an employee to another position for a time not stipulated by the contract is permitted only with his permission.

The employee replacing the manager is relieved of his immediate duties for this period of time. If necessary, the order must also indicate who will be entrusted with its powers. As well as the amount of additional payment due to the deputy for temporarily replacing the manager.

The employee’s order and report card for work is the basis for calculating the deputy’s wages. Can the amount of material compensation be set independently by the director - no, since it is provided for by the internal regulations of the enterprise. No additional payment is provided for full-time deputies, unless otherwise specified in the company's charter.

What other documents should I prepare so that the company’s financial and economic activities do not stop? Of course, a power of attorney to delegate all or part of the director’s powers. It will be required if the charter does not provide for the transfer of responsibilities of the first person of the enterprise in his absence.

Sample of filling out powers of attorney

The document must be drawn up on the organization's letterhead with its details.

The power of attorney must indicate:

• its validity period;
• the date of recieving;
• to whom the power of attorney was issued;
• list of provided powers;
• manager's signature.

If the document does not have a validity period, then it is valid only for a year from the date of registration.

The sample form must contain the date of preparation, the director’s signature and seal, if available.

Without a power of attorney in the absence of the general manager, the enterprise will not be able to fully conduct financial and economic activities:

• payment of wages, sick leave and vacation pay will be suspended;
• the temporary deputy will not be able to manage the organization’s material resources;
• make sales or purchases;
• enter into important agreements;
• sign documents.

The director of the company can revoke the power of attorney at any time. The employee himself has the right to refuse it, but only if it is not irrevocable (Civil Code of the Russian Federation p. 188.1). Its effect can only be suspended in certain situations.

Cases of absence due to maternity leave

The general manager is the legal representative of the enterprise, acting on its behalf in the tax office and other regulatory authorities. The Civil Code of the Russian Federation does not provide that during temporary disability or vacation, the duties of the director of the company, as a sole body, are removed from him. That is, maternity leave is not the reason for the termination of the powers of the first person of the organization.

This means that an executive can certify company tax returns even if he or she is on parental leave. On the other hand, the actual performance of duties involves the calculation of salaries. Refusal to provide material compensation to a person performing his direct official functions is a violation of the Labor Code of the Russian Federation.

Based on Federal Law No. 225 of 2006, social benefits for pregnancy and further childbirth are provided to an individual in the event of loss of permanent income. In this regard, there is no basis for calculating social benefits. But the law provides for the performance of labor duties on a part-time basis, while retaining the right to receive a monthly child benefit (Labor Code of the Russian Federation 256 Art. 3).

But, for pregnancy and childbirth, such an opportunity is not provided for by law. Therefore, the period of time when an employee should rest, but still perform his duties, can be attributed to the period of actual work.

Who is required to sign documents if the director went on vacation?

In order for the company to continue to operate during the absence of the general manager, make sales and purchases of goods, pay wages, sick leave and vacation pay, he must transfer to his deputy the right to manage the company’s funds.

The delegation process is formalized by a power of attorney or order. If there is no sample signature of the acting director on the bank form, then you will need to issue a temporary card. This procedure is provided for by Instruction No. 28-I of the Central Bank of the Russian Federation of 2006 “On closing and opening accounts and deposits.”

Remote business management

Who signs the documents if the director is on vacation, this question can be answered somewhat differently. Perhaps, during his vacation, the manager will not want to transfer his responsibilities to another official. It is not prohibited by law to exercise one’s powers while on vacation, so the head of the enterprise has every right to do so.

The presence of the first person of the company on vacation does not relieve him, in the absence of a temporary deputy, from performing the duties assigned to him. And this fact will not be considered a mitigating circumstance, for example, in the case of non-payment of wages to employees of the organization.

But, if the general manager went on vacation and appointed by order a deputy to temporarily perform his duties, but signs some documents on his own, some problems may arise. Since he delegated his powers, counterparties can challenge the agreement he concluded.

Courts very often satisfy such claims and recognize such a transaction as invalid, explaining this by the fact that if the first person of the enterprise transferred responsibilities to a deputy, he temporarily lost his rights. This is logically quite understandable. But the judicial authorities may act differently, according to the Civil Code of the Russian Federation, Art. 183 and not recognize such a transaction as unlawful if the organization has fulfilled the agreement.

Therefore, before going on vacation, you need to think through everything thoroughly and delegate only part of your powers, which the deputy director has the right to perform during his absence. But, if the manager plans to go on a long trip, the best solution is to retire completely to avoid further problems. And begin your duties after your vacation.

What is the difference between VRIO and IO

Before deciding on the difference between these two concepts, it is necessary to give them a detailed definition:

Acting	A form of temporary replacement of an employee, when the employee is assigned specific powers, for which he is charged the difference between salaries, according to the staffing table of the actual and main position. But he performs the duties assigned to him only during the vacation, illness or business trip of the main employee and upon his return he begins his immediate duties.
AND ABOUT	A form in which positions are combined and an employee of the enterprise performs the duties assigned to him until another person is appointed to the vacant position. The employee is not released from performing his direct functions, and the combination is not marked in the work book. When the main employee returns, he again moves to his main place of work.

What is the difference between VRIO and IO?

The legal definition is laid down in Art. 151 and 74 of the Labor Code of the Russian Federation, and their provisions have been repeatedly tested in practice. That is, an interim official is appointed to a specific position with release from previous duties. The position occupied by the official is not vacant, therefore, the employee will work until the end of the vacation or sick leave of the main employee.

The EO is a part-time worker who is not relieved of his main functions and the position he occupies is vacant.

In practice, very often these two definitions are not distinguished from each other. Material remuneration is provided in the event that the acting official is not a full-time deputy who cannot function as a manager without an appropriate order.

The main difference between IO and VRIO is the following:

And the main thing is responsibilities. Acting employees are directly transferred to another job, and another person works part-time.

The general director of an organization is a sole authority acting on behalf of the company without a power of attorney. During his absence, he has the right to delegate his rights to another official. If there is a deputy on staff, the duties of the director are transferred mainly to him, the execution of which he can begin only in the absence of the first person of the enterprise.

The manager has the right, on the basis of an order, to delegate his powers to another official, but only with his consent, since this is a combination by law. To avoid possible problems, all actions to transfer rights must be formalized in accordance with the law.