I CONFIRM:

(name of employer)				(approval stamp)
INTERNAL LABOR RULES
				(a note indicating that the opinion of the representative body of employees was taken into account)

Chapter 1. General provisions

1. These Internal Rules labor regulations are introduced for employees

2. These Internal Labor Regulations regulate the procedure for admission and layoffs of workers, basic rights, obligations of the parties to the employment contract, working hours, Time relax, incentive and penalty measures applied to employees, as well as other regulatory issues labor relations In the organisation.

Chapter 2. Basic rights and obligations of employees

3. Every employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

Providing him with work stipulated by the employment contract;

A workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

Timely and full payment wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working days holidays, paid annual leave;

Complete reliable information about working conditions and labor protection requirements in the workplace;

Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;

Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;

Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compensation for damage caused to him in connection with the execution labor responsibilities, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compulsory social insurance in cases provided for by federal laws;

4. Each employee is obliged:

Conscientiously fulfill his labor duties assigned to him by the employment contract;

Comply with internal labor regulations;

Maintain labor discipline;

Comply with established labor standards;

Comply with labor protection and occupational safety requirements;

Treat with care the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees;

Immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property),

Do not disseminate false and distorted information about the employer and information discrediting the business reputation of the employer;

Conclude an agreement on full financial liability in the event of starting to work with material assets on a legal basis and provided that the work performed by the employee or his position is included by law in the list of those for which it is permissible to conclude an agreement on full financial liability;

5. The range of duties (work) that each employee performs according to his specialty, qualifications or position is determined by individual employment contracts concluded with employees, job descriptions and internal regulations of the organization, technical rules.

Chapter 3. Basic rights and obligations of the employer

6. The employer has the right:

Conclude, amend and terminate employment contracts with employees in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

Conduct collective negotiations and conclude collective agreements;

Encourage employees for conscientious, effective work;

Require employees to perform their job duties and careful attitude to the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees, compliance with internal labor regulations;

Bring employees to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

Adopt local regulations, make changes to existing local regulations;

7. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;

Provide employees with work stipulated by the employment contract;

Ensure safety and working conditions that comply with state regulatory labor protection requirements;

Provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;

Provide workers with equal pay for work of equal value;

Pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, these internal labor regulations, and employment contracts;

Conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

Provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

Introduce employees, upon signature, to the adopted local regulations directly related to their labor activity, with changes made to them;

Consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

Create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;

Provide for the everyday needs of employees related to the performance of their job duties;

Carry out compulsory social insurance of employees in the manner established by federal laws;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts Russian Federation;

Perform other duties provided for labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and employment contracts.

Chapter 4. Procedure for hiring, dismissal and dismissal of employees

Recruitment.

8. When applying for a job, the employer has the right to demand, and the employee is obliged to provide the following documents:

Passport or other identification document;

A work record book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis;

Insurance certificate of state pension insurance;

Military registration documents - for those liable for military service and persons subject to conscription for military service;

Document on education, qualifications or special knowledge - when applying for a position that requires special knowledge or special training. These positions are:

A certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs - when applying for a job related to activities to which, in accordance with the Labor Code of the Russian Federation, other federal laws, persons who have or have had a criminal record, are or have been subject to criminal prosecution are not allowed.

9. The employer is obliged to keep work books for each employee who has worked for him for more than five days, if the work is the main one for the employee. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer at his own expense. If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

10. When applying for a part-time job, the employer has the right to demand, and the employee is obliged to present to the employer a passport or other identification document. When hiring part-time employees for positions requiring special knowledge, the employer has the right to require the employee to present a diploma or other document on education or professional training or their duly certified copies.

11. When hiring, the employer is obliged to conclude an employment contract with the employee.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work.

12. Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

13. When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the collective agreement, internal labor regulations, and other local regulations directly related to the employee’s work activity, namely:

14. Suspension from work.

The employer does not allow the employee to work:

Appearing at work in a state of alcohol, drug or other toxic intoxication;

Has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;

Has not undergone a mandatory medical examination (examination) in accordance with the established procedure, as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;

If, in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are identified for the employee to perform work stipulated by the employment contract;

In case of suspension for a period of up to two months special law employee (license, right to drive a vehicle, the right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract and if it is impossible to transfer the employee from his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract;

At the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

In other cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

The employer suspends the employee from work (does not allow him to work) for the entire period of time until the circumstances that served as the basis for the suspension from work or not being allowed to work are eliminated.

During the period of suspension from work (preclusion from work), the employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation or other federal laws. In cases of suspension from work of an employee who has not undergone training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination (examination) through no fault of his own, he is paid for the entire period of suspension from work as idle time.

Dismissal procedure.

15. An employment contract between an employee and an employer can be terminated only on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.

16. Termination of an employment contract is formalized by order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

17. The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, he retained his place of work (position).

18. On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

19. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Chapter 5. Working time and rest time

20. A 40-hour work week is established, a normalized working day is established for employees occupying the following positions (employees of the following structural divisions):

For these employees, the following start and end times of work and breaks for rest and food are established:

	Monday Friday		Pre-holiday days
Beginning of work
End of work

The employees listed in this paragraph are provided with days off:

In cases established by law, employees are provided with reduced and part-time working hours.

21. A flexible working time regime is established for employees holding the following positions:

For these employees, the end and total duration of the working day is determined by the work schedule. The duration of working hours during the accounting period should not exceed the normal number of working hours established by law. The accounting period of working time is ______________________________ (week, month, year). The employer ensures the maintenance of summarized records of employees' working time. Summarized recording of working time is introduced taking into account the opinion of the elected body of the primary trade union organization

22. Irregular working hours are established for employees holding the following positions:

These employees are annually provided with an additional paid leave of 3 days to the basic one.

23. Employees are annually granted basic leave of 28 calendar days while maintaining the place of work (position) and average earnings.

Leave for the first year of work is granted after six months of continuous work with the Employer. In cases provided for by the labor legislation of the Russian Federation, at the request of the Employee, the Employer may provide leave until the expiration of six months of continuous work. Vacation for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of provision of annual paid vacations established by the Employer's vacation schedule.

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 calendar year in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

24. By family circumstances and other valid reasons, at the Employee’s request, the Employer may provide a short-term leave without pay.

25. Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Chapter 6. Payment workers' labor

26. When paying wages, the employer is obliged to notify each employee in writing:

1) on the components of the salary due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee;

3) about the amount and grounds for deductions made;

4) about the total amount of money to be paid.

27. Wages are paid to the employee, as a rule, at the place where he performs the work or is transferred to the bank account specified by the employee in a written application on the terms determined by the collective agreement or employment contract.

28. Salaries are paid at least every half month, namely on the following days: “_____” and “_____” days of each month.

If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts.

29. In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid.

If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts not paid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement.

Chapter 7. Labor routine, labor discipline

30. All employees are required to obey the management of the organization.

Employees are obliged to comply with orders, instructions, instructions given by a superior manager, as well as instructions and instructions that are brought to their attention through official instructions or announcements. Any action that may disrupt good order or discipline is prohibited.

These actions include:

Distraction of other employees from work on personal and other issues not related to work;

Distributing publications, leaflets and hanging materials within the organization without appropriate permission;

Bringing unauthorized persons to the employer's premises;

Carrying out personal work at the workplace;

Removal of the employer's property from the territory of the employer and its subdivisions without the employer's permission;

Using the employer's telephone numbers for personal conversations, using computers, cars, other machinery, equipment, and other property of the employer for personal purposes without the permission of management;

Failure to comply with the terms of paid vacations established by the management of the organization;

Staying on long time your workplace during working hours without informing management about it.

31. Permission to leave the workplace may be given by the employer’s manager, in particular, in the following cases:

An employee who becomes ill at work must go home;

An unexpectedly serious event in the family;

Call to social security authorities or law enforcement agencies;

Visiting a specialist doctor if necessary;

Laboratory examinations;

Regular medical treatment;

Examinations of a professional nature;

Early care due to the need to go on leave for family reasons.

Any absence from work due to illness, except in cases of force majeure (force majeure), must be reported to management within ________________________.

32. Employees, regardless of their official position, are obliged to:

Show each other courtesy, respect, mutual assistance and tolerance;

Keep outside the organization in complete secrecy all industrial, commercial, financial, technical or other transactions that they become aware of at work or in connection with the performance of their duties, especially everything related to secrets and methods used in the activities of the organization and its clients .

Incentives for work

33. The employer encourages employees who conscientiously perform their job duties in the form of:

1) announcements of gratitude,

2) issuing a bonus,

3) rewarding with a valuable gift,

4) awarding a certificate of honor,

5) nominations for the title of best in the profession,

Incentives are announced in an order or directive, brought to the attention of the entire team and entered into the employee’s work book.

Disciplinary action

34. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons.

35. Dismissal as a disciplinary measure can be applied on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81 or paragraph 1 of Article 336 of the Labor Code of the Russian Federation, as well as paragraph 7 or 8 of part one of Article 81 of the Labor Code of the Russian Federation in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

36. Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

Disciplinary sanctions cannot be applied later than six months from the date of the commission of the offense, and based on the results of the audit, financial verification economic activity or audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

37. If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself.

38. These Internal Labor Regulations come into force _____________ and are valid until __________________________________________.

Amendments to these Internal Labor Regulations are developed and approved by the employer, taking into account the opinion

Rules for reprinting this material to another site

You can obtain permission to reprint by e-mail

When reprinting this material on another site, be sure to indicate the source before the material (at the beginning!) and link to it in the following form -

Internal labor regulations is a local regulatory act of the company, developed and approved in accordance with the labor legislation of the Russian Federation and the company’s charter for the purposes of:

strengthening labor discipline,

effective labor organization,

rational use of working time,

ensuring high quality and productivity of workers.

Taking into account the provisions of the current legislation, the structure of the Internal Labor Regulations consists of the following sections:

Section 1. General provisions.

Section 2. Procedure for hiring and dismissing employees.

Section 3. Basic rights and obligations of employees.

Section 4. Basic rights and obligations of the employer.

Section 5. Work and rest schedule. Section 6. Incentives for success in work and the procedure for their application.

Section 7. Responsibility for violation of labor laws. The Labor Code of the Russian Federation does not specify the procedure for approving the Rules, but only indicates that they are approved by the employer and brought to the attention of all employees of the organization. The content of the PVTR is usually developed on the basis of documents regulating the activities of the enterprise in the field of human resource management, as well as standard (exemplary) rules. Recommended document structure:

General provisions- the purpose of the rules and their application, to whom they apply, in what cases they are revised and other general information.

The procedure for hiring and dismissing employees- description of the procedure for registering the hiring and dismissal of employees, the organization’s actions when transferring an employee to another job, conditions and duration probationary period, list of required documents.

Basic rights and responsibilities of employees(based on Article 21 of the Labor Code of the Russian Federation).

Basic rights and obligations of an employer(based on Article 22 of the Labor Code of the Russian Federation).

Work time- start and end times of the working day (shift), duration of the working day (shift) and working week, number of shifts per day; a list of positions of employees with irregular working hours, if any; place and timing of payment of wages.

Time relax- time of lunch break and its duration; special breaks for certain categories of workers (for example, loaders, janitors, construction workers working outdoors in the cold season), as well as a list of jobs in which they are employed; weekends (if the organization works on a five-day basis working week, then the rules should indicate which day, other than Sunday, will be a day off); duration and grounds for granting additional annual paid leave.

Employee Rewards- the procedure for applying measures of moral and material incentives.

Responsibility of employees for violation of discipline- a description of the procedure for applying disciplinary measures, lifting disciplinary sanctions, types of penalties and specific violations of labor discipline that may entail punishment.

Final provisions- includes clauses on the mandatory implementation of rules and the procedure for resolving disputes regarding labor relations.

Personnel Regulations: purpose, structure and requirements for document execution.

Stages of development of the Personnel Regulations:

1. Creation of a commission to develop the Regulations. Since this provision is one of the main local regulatory documents, the participation of heads of structural divisions is necessary in the development and approval of its individual points. In addition, various specialized specialists from the remuneration department, human resources department, and legal department are involved in the work. The commission is headed, as a rule, by the HR director.

2. Determination of the subjects covered by the Personnel Regulations. By general rule Personnel are persons who have an employment relationship with the company. The personnel regulations do not apply to persons providing services under civil contracts. The other entity is the employer. Most often, according to tradition, it is designated by the concept of “administration”. Instead of “administration,” the term “management” can be used.

3. Formulating the basic principles and rules of relations between staff and the company. In the regulation of social and labor relations, the main principles are:

compliance with legal regulations;

equality of the parties;

voluntariness of accepting obligations;

prevention of forced or compulsory labor and discrimination in labor;

stability of labor relations.

4. Determining the structure of the Regulations and formulating the content of sections. The following version of the structure of the Regulations can be proposed:

5. Coordination and signing of the document.

6. Company personnel must be familiar with the Personnel Regulations against signature. Newly hired employees are introduced to the Regulations upon signature when signing an employment contract.

Internal labor regulations (ILR) are the main document by which the relationship between employee and employer is determined. This document must be present in any organization, since the labor inspectorate will rely on it during scheduled inspections or during...

It is necessary not only to draw up this document correctly, but also to familiarize employees in accordance with the law in order to avoid claims.

A specific person should be responsible for establishing internal labor regulations

First of all, it is necessary to determine who should approve the PTVR. This directly depends on the organization’s charter: it must stipulate who should be in charge of approving local regulations.

This rule is not always observed: often the internal labor regulations of an organization are approved by its general director, and according to the charter, only the general meeting of members has this authority.

This mistake will lead to administrative liability on the part of the labor inspectorate. In order to approve the PVTR in the manner prescribed by the charter, it will be necessary to hold a general meeting of the founders, and the minutes must reflect the fact of adoption of this document.

PVTR are compiled according to the standard established by the Labor Code of the Russian Federation. This document must contain the following provisions:

1. Hiring and dismissing employees. It is necessary to indicate who in the organization deals with personnel issues.
2. The rights of the employee and the employer, and theirs. All provisions are written on the basis of Articles 21 and 22 of the Labor Code of the Russian Federation.
3. Responsibility of participants in labor relations. Employee incentive measures and possible penalties are prescribed.
4. Work and rest schedule. The rules must specify in detail the work schedule, as well as the number of positions with irregular working hours. A separate document can indicate the procedure for sending employees on business trips.
5. Remuneration of employees. The size and timing are indicated.

Depending on the specifics of the organization’s work, the PVTR prescribes the shift schedule and the procedure for familiarizing employees with it, the procedure for recording working hours, the duration of additional vacations, etc. PVTR is the main document defining the relationship between the employer and employees, therefore it must reflect all important points.

A common mistake made by organizational leaders is to formally draw up a PTVR only for the labor inspection, and not for resolving disputes with. As a result, when disputes arise, the employer is not able to prove that he is right.

You can get acquainted with the labor discipline at the enterprise thanks to the video material:

Additional points in PVTR

Internal labor regulations: schematically

Rules are written in order to ensure compliance with labor discipline requirements in the organization and ensure a uniform procedure for interaction with all employees.

This document must reflect all the employer’s requirements aimed at increasing labor productivity and increasing profits.

At the request of the employer, the following information can be reflected in the company’s internal regulations:

• Dress code rules. Until it is registered in the PVTR, the employer cannot require employees to wear a certain appearance in the workplace, much less impose any penalties for non-compliance with the requirements. But if the dress code is included in the PVTR, then compliance with it becomes one of the responsibilities of employees, so it is possible to ensure a uniform regime throughout the organization.
• Additional staff costs. Many organizations provide their employees with additional health insurance and pay cellular communication. These expenses must be indicated in the PVTR, then they will be taken into account. The PVTR specifies in detail in what cases additional medical care is provided. insurance, what is the amount of compensation telephone conversations etc.
• Video surveillance on the territory. It is also necessary to notify employees about it when becoming familiar with the PVTR. It is written down where and for what purpose the cameras are installed.
• Other sections ensuring interaction between the employer's employee. They reflect the availability of access control established at the enterprise, a probationary period for employment, requirements and much more.

A correctly drafted text of the PVTR allows you to fully regulate work with employees, and at the same time, every person in the organization will know and understand all their rights and responsibilities. This will prevent violations of discipline and will ensure order in the enterprise.

Typical mistakes when drawing up PVTR

Internal labor regulations are checked by the Labor Inspectorate

Incorrect registration of PVTR leads to penalties from the labor inspectorate, which the organization will face during inspection. The Labor Code limits the rights of the employer when establishing requirements for an employee; several common mistakes can be identified:

1. Requirements for the provision of additional documents during employment. This could be a marriage certificate, etc. According to Art. 65. Labor Code, an employee must provide only a passport, military ID and a diploma or other document of education. Everything else is not required to be presented, and the absence of one or another additional document cannot serve as a refusal to apply for a job.
2. Mandatory. Citizens with a criminal record cannot be hired only for a certain number of positions; their list is established by the Labor Code. In all other cases, the employer should not require a certificate of no criminal record, as this information is considered confidential.
3. Non-existent penalties are one of the most common violations. An employer, by law, does not have the right to fine an employee for violating the rules; permissible penalties are only a reprimand, reprimand and dismissal. If the rules stipulate any other types of penalties, their application is considered illegal.
4. Ban on free time. After the working day, the employee has the right to do whatever he wants, so the employer cannot impose a ban on part-time work or running his own business.

There are many other common violations: the lack of clearly defined working hours, time, insufficient vacation time, and much more. These and other common violations can result in litigation between employer and employee.

Not all employees know their rights and are ready to fight for them, so employers often establish rules in the workplace that do not comply with the law.

Rules for introducing employees to PVTR

Violation of internal labor regulations may result in dismissal

If the organization has a trade union or other representative body of employees, then its consent to the adoption of these PVTR rules is required; without the permission of the trade union representative, the document is considered invalid.

However, if there is no representative body in the company, it is necessary to put a special note in the rules: “At the time of drawing up the rules, Vector LLC does not have a representative body of employees.”

Another important point– formal familiarization of staff with internal regulations. Even if these rules are posted for public viewing on a stand, this is not proof that the employee was familiar with them. If this procedure has not been carried out in compliance with the requirements, the rules are considered invalid. There are several ways to familiarize staff with PVTR:

• Preparation of introductory sheets. They must be signed by each employee: PVTR must be signed upon employment; if any changes are made to the rules, then re-reading will be required.
• . Each employee must sign in them to familiarize themselves with the rules when applying for a job.
• Drawing up separate introductory sheets for each employee. This is necessary if employees in the organization have different responsibilities and different requirements are placed on them.
• Familiarization with help. In this case, the rules are given at the end of the employment contract, and the employee signs that he has been familiar with them.

Proper execution of the PVTR and compliance with all formalities will prevent penalties and ensure normal interaction between employers and employees.

Expert lawyer's opinion:

The internal labor regulations in an organization have a higher significance than it is perceived by employees and management of the enterprise. They tend to complement and specify job description and an employment contract. These documents usually have links to them.

Labor discipline and the general order of work activities depend on the quality of drawing up the rules. An employee who violates the rules may be subject to disciplinary action. And if the provisions of the rules are developed carelessly and formally, then there will be nothing to ask from the employee. The situation may be even worse if there are none at all.

Article 190 of the Labor Code of the Russian Federation provides that this document must be agreed upon with the trade union organization before approval.

Internal labor regulations (hereinafter referred to as PVTR) are one of the most important (hereinafter referred to as LNA). The availability of this document is regulated by Art. Labor Code of the Russian Federation. This requirement applies to all employers, regardless of their form of ownership. The exception is micro-enterprises. Since 2017, they have received the right not to approve local regulations (Federal Law).

PVTR operates only within one enterprise, specifying the norms of the Labor Code of the Russian Federation, federal laws and regulations. Organizations have the right to independently develop a document, based on the requirements of Art. Labor Code of the Russian Federation.

The Internal Labor Regulations must necessarily define:

• procedure for hiring, transferring and dismissing employees,
• basic rights and obligations of the parties to the employment contract,
• liability of the parties for failure to comply with the established procedure,
• working hours and rest times,
• incentive and penalty measures.

PVTR must contain algorithms for all kinds of situations that may arise for employees: business trips, lateness, time off, incentives and fines, wage payments, etc. Therefore, if necessary, the employer can supplement the document with other provisions.

Important: a local regulatory act cannot worsen the employee’s position in comparison with the norms of federal legislation.

More details about some sections

Many aspects of the internal regulations need not be described in full, but only indicate the norm of labor legislation. But those provisions that relate to the specifics of the employer should be disclosed in as much detail as possible.

Most often this concerns sections on work and rest schedules. The first must indicate the start and end time of the working day/shift, the length of the working week, the number of shifts per day, if the enterprise has adopted a shift work schedule, and other data in accordance with Art. Labor Code of the Russian Federation. Working conditions with irregular working hours for individual categories employees (Article of the Labor Code of the Russian Federation).

In the “Rest time” section, specify the time of the lunch break and its duration. For certain types of work within the working day/shift, special breaks are provided due to the technology and organization of the production process - they are also regulated by this section .

This section also includes information about weekends (Article of the Labor Code of the Russian Federation), especially if we're talking about about shift work schedule. The employer has the right to allocate an additional paid day off, for example, to those employees who receive a second higher education, or mothers with children under 14 years of age. Here you need to indicate in which cases an employee can receive additional annual paid leave (Article of the Labor Code of the Russian Federation).

The procedure for remuneration is strictly regulated by federal legislation, in particular Art. Labor Code of the Russian Federation. The place and timing of payment of salaries to employees should be clearly stated in the Internal Labor Regulations. In addition, it is worth specifying the conditions under which an employee can be awarded an incentive.

The PVTR must contain provisions describing disciplinary measures: violations of labor discipline by an employee, an algorithm for the employer’s actions, possible measures of liability, the procedure for compensation for damage, etc.

In the final section, the employer can prescribe an algorithm for resolving issues that are not included in the standardized sections, as well as the procedure for making changes to the document.

Registration procedure

• Organization emblem, logo or trademark;
• OGRN legal entity;
• TIN/KPP;
• name and contact details of the organization;
• name of the document type;
• date and registration number of the document;
• approval marks for the document;
• resolution;
• a note about the presence of the application, etc.

The procedure for approving the internal labor regulations is the same as for everyone. The document is developed by a group of authorized employees, the draft Rules are agreed upon with the head of the enterprise, as well as with a trade union organization or representative body of workers ( Art. Labor Code of the Russian Federation), if any. All comments and suggestions in writing are transmitted to the developers within five days. After adjustments, the document is approved by the manager or manager and the trade union (representative body of workers). The last stage is to familiarize the employee with the PVTR against signature.

We remind you that the Internal Labor Regulations are a mandatory document for every employer. The Labor Inspectorate will definitely require it at the first inspection. The absence of PVTR will be regarded as a violation of labor legislation (under Art. Code of Administrative Offences) and will entail a fine for officials in the amount of 1,000 to 5,000 rubles, and for legal entities - from 30,000 to 50,000 rubles.

Lack or negligence in drawing up the PVTR can give rise to numerous labor disputes with employees. In particular, the employee will have the right to challenge the violation of the work regime charged to him by the employer, if the relevant provisions are not specified in the PVTR.

For the convenience of studying the material, we divide the article Internal Labor Regulations into topics:

The rules define the conditions when suspension of work on weekends is impossible due to production, technical and organizational conditions ().

The procedure for granting annual paid leave, other types of additional paid leave (for example, for irregular working hours), as well as unpaid leave is also established by the Rules.

By virtue of Art. 136 of the Labor Code of the Russian Federation, the Rules must provide for deadlines and specific days for payment of wages. There you can also define methods of rewarding employees (bonuses, certificates, valuable gifts, etc.). In addition to incentives, it is necessary to consider the procedure for imposing and lifting disciplinary sanctions, types of penalties and specific violations of labor discipline that may entail punishment.

The employer, when working on this or that issue, must remember that it is necessary to comply with the norms of labor legislation, and if any provisions worsen the employee’s position in comparison with him, they simply will not be in force.

To better understand what to include in the Rules, we offer their approximate structure:

1. General Provisions. This section includes general provisions on the operation of the Rules in the organization (to whom they apply, in what cases they are revised, etc.).
2. The procedure for hiring, transferring and dismissing employees. Here it is appropriate to provide a list of documents presented by the employee when applying for a job, the procedure for registering admission and dismissal. It is possible to provide a list of persons who have the right to hire and fire employees, as well as actual access to work.
3. Main responsibilities of employees. Since the employee is obliged to conscientiously perform his job duties, it is necessary to establish how he can do this. In particular, he must observe labor discipline, safety precautions, promptly and accurately execute management orders, keep in order workplace, behave correctly and politely. This section can also provide a list of unacceptable actions by employees, for example, remarks, jokes or other actions that, in the opinion of management, can create an aggressive environment in the workplace.
4. The main responsibilities of the employer. The employer also has certain rights and obligations towards employees. For example, he must properly organize the work of workers, ensure healthy and safe working conditions, strict adherence to labor and production discipline, comply with labor legislation, labor safety rules, improve working conditions, provide workers with guarantees and compensation.
5. Operating mode. This section provides for the start and end times of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day, and a list of positions of employees with irregular working hours, if the employer has them.
6. Rest time. Here we consider the time for providing a lunch break and its duration, the procedure for providing special breaks for certain categories of workers (for example, janitors, construction workers working outdoors in the cold season), as well as a list of jobs for which special breaks are provided, and days off. The grounds and duration of providing additional annual paid leave should also not be forgotten.
7. Remuneration. As noted earlier, it is necessary to provide deadlines and specific days for payment of wages.
8. Rewards for work. Article 191 of the Labor Code of the Russian Federation defines types of incentives: gratitude, issuance of a bonus, awarding a valuable gift, a diploma of honor, nomination for the title of the best in the profession. The rules, taking into account the specifics of the organization, may provide for other types of incentives, for example, the provision of vacation packages abroad. In addition, here it is necessary to determine the procedure for applying incentives, since the current legislation has not established it and it is not entirely clear for what and how employees are rewarded. Due to the lack of regulation of this procedure at the legislative level, we think that the Rules can define the criteria for assessing labor, benefits and benefits provided to rewarded employees.
9. Responsibility for violation of labor discipline. In this section, you need to consider the procedure for imposing and lifting disciplinary sanctions, types of penalties.

Contents of internal labor regulations

The content of the Internal Labor Regulations is determined by Art. 189 of the Labor Code of the Russian Federation and some other articles of the code.

The Internal Labor Regulations should define:

The procedure for hiring and dismissing employees
Art. 189, 56-84, Labor Code of the Russian Federation

Basic rights, duties and responsibilities of employees and employers
Art. 189, 21, 22 Labor Code of the Russian Federation

Operating mode
Art. 189, 100, section 4 of the Labor Code of the Russian Federation

The procedure for maintaining the summarized

Rest time breaks for rest and food, vacation, etc.
Art. 189, 108, 109, 110, 111, 119, Chapter 5 of the Labor Code of the Russian Federation

List of positions for workers with irregular working hours
Art. 101 Labor Code of the Russian Federation

Incentives and penalties applied to employees
191, 192 Labor Code of the Russian Federation

Salary payment days at least every half month
Art. 136 Labor Code of the Russian Federation

Other issues of regulation of labor relations in the organization
Art. 189 Labor Code of the Russian Federation

What “other issues...” are prescribed in the Rules? These may be safety rules and industrial sanitation, systems and rules of remuneration, if they are not regulated by a separate act in the organization, etc.

The conditions that you establish in the Internal Labor Regulations should not worsen the employee’s position in comparison with the Labor Code of the Russian Federation and the collective agreement (if any), and should not contradict the named documents.

For example, it is impossible to establish an employee’s obligation to take leave at the first request of management in case of production necessity. By law, recall from vacation requires the employee's consent.

Another example. A large trading company S. “absorbed” the store T. (LLC) in this way: the previous founders left the LLC and new founders, the owners of S., entered. The new owners decided to change the working hours of the store employees, making it the same as in the chain of stores S. If previously T.’s employees worked a five-day work week, then according to the new Internal Labor Regulations, they had to work a six-day work week. And only a year later, during an inspection, the new owners of the T. LLC store learned that this LLC also had a registered collective agreement, which also stipulated a five-day work week. It turned out that the new Labor Regulations thus contradicted collective agreement. In this regard, the question arose about the need to pay all store employees for work on Saturdays according to the rules for wages on a day off for the entire period of the six-day working week.

When starting to draw up Internal Labor Regulations, coordinate their provisions with other corresponding agreements and documents in the company.

Often in an enterprise (especially in individual entrepreneurs) different information is contained about working hours and remuneration procedures in different documents. Employment contracts establish one working time schedule and salary payment dates, the Internal Regulations have others, the work schedule has its own working time schedule, and the Regulations on Remuneration and Bonuses have its own salary dates and criteria, which differ from staffing table, and from employment contracts.

It is necessary to align the terms of the Rules with employment contracts, local acts of the employer, in particular, to align working hours in the Rules, employment contracts, schedules, procedures and dates of remuneration in the Rules, employment contracts, and Regulations on remuneration.

When developing the Rules, be sure to establish the employee’s first duty as “compliance with the internal labor regulations.” This same obligation of the employee should be duplicated in the employment contract (in the section “Employee Responsibilities”).

There are a number of problematic issues that have not been resolved by the legislator in the field of regulation of labor discipline and the content of the internal labor regulations. Let's touch on some.

For violation of the duties established in the Internal Labor Regulations (provided that the employee is properly familiarized with them), the employee may be subject to disciplinary action. In this regard, I would like to note the following. In practice, personnel officers and lawyers, when inspected by labor inspectors, are sometimes faced with the latter’s opinion that it is inadmissible to hold an employee accountable for violating certain duties.

For example, the Internal Labor Regulations of Sh.’s company established a requirement for business ethics at work, and described what would be considered a violation of business ethics (speaking in obscene words was one of such violations). When one of the employees was reprimanded for swearing, the labor inspector considered it illegal, because he considered it unacceptable to recognize the obligation to observe business ethics as a labor duty, and recommended that during particularly expressive outbursts of foul language on the part of employees, calling the police and handing over the perpetrators for petty hooliganism. The inspector referred to the law, according to which disciplinary sanctions can be applied for violation of labor duties. But the Employer’s company’s lawyers categorically disagreed with the inspector’s opinion and considered that the obligation to comply with business ethics is precisely a labor obligation in modern market conditions.

Another case. The director had a fight with the sales manager and while he was looking for a reason to fire the manager, the latter called the company’s clients and said: “Our company is having financial difficulties now, so we are calling our old clients, offering to buy such and such goods from us so that we can increase income.” and in that spirit. First, she created a very negative reputation for her employer. Who wants to work with bankrupt people? Secondly, the company traded goods with a warranty period. Therefore, those who even wanted to purchase these goods abandoned the idea for a long time, because if the seller went bankrupt, they lost hope of warranty service. How to deal with such employees? Civil liability for damage to business reputation in Civil Code installed. In the case under consideration, the employer did not sue under these articles, because he did not want clients and partners to find out how he could not cope with his employees. But the Labor Code of the Russian Federation does not establish a direct possibility of dismissing and applying disciplinary sanctions for such matters. After the incident with the employee, the director decided to include in the Internal Regulations a provision on the employee’s obligation not to disseminate defamatory and false, completely or partially unreliable information about the employer, information that harms the employer’s business reputation. For violation of this obligation, according to the Rules, disciplinary action could be taken against the employee, up to and including dismissal. It is interesting that when checking this paragraph of the Rules, labor inspectors did not make any complaints, considering this duty to be a labor duty. It is possible that another inspector, judge or lawyer would have a different opinion on this matter.

More examples - on current issues of clothing at work. The office manager - the face of the company - with the onset of summer begins to go to work in a completely transparent blouse and tight-fitting breeches or shorts, while, according to the internal labor regulations, she must come to work in business clothes, " business suit consists of a straight-cut skirt no higher than the knees and a blouse. Shoes must be closed-toed and low-heeled. Transparent and translucent clothing, denim and sportswear, tight-fitting blouses and trousers are excluded...” If, under such Rules, the office manager is given a reprimand, and if the violation is repeated, he is fired, then how likely is the danger that the labor inspector or judge will consider this disciplinary action illegal due to non-recognition of the obligation to wear business attire.

A similar option is when the Internal Labor Regulations oblige employees to wear branded clothing (waiters, salespeople, hairdressers, dry cleaners). Can this duty be considered a labor duty?

Again, in such “clothing” cases, most lawyers are inclined to believe that the obligation to wear business or branded clothing can be considered an actual labor duty, provided that the Rules describe what exactly is meant by business (branded) clothing.

We can state that “labor duty” is an evaluative concept. And among specialists, both in theory and in practice, today there is no unanimity about which duties can be classified as labor and which cannot. The legislator must answer this question as soon as possible, taking into account current market conditions, in order to stop the non-uniform application and interpretation of labor law. There is currently an explanation from the Plenum Supreme Court(resolution No. 2), according to which a violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. should be considered a labor duty. (clause 35). And from this clarification we can conclude that almost every duty established in the listed documents should be considered labor. At the same time, we note that the resolutions of the Plenum of the Supreme Court are of an explanatory and recommendatory nature; they are not absolutely mandatory for application, unlike laws.

Often in practice there are cases of employees refusing to enter into agreements on full financial liability. The manager is faced with questions: what to do in this case, whether they can be forced to sign an agreement if they refuse, whether they can be punished or fired, how to do this legally. If in this situation everything is left as is - without contracts, then this means working under the threat of irreparable losses and with a precedent of disobedience to management. If you punish and fire, but at the same time violate the legal order, then large losses are possible, for example, the reinstatement of those fired and the recovery of average earnings for forced absence.

The resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 on this matter states the following:

If fulfilling responsibilities for maintaining material assets is the main labor function employee, which was agreed upon when hiring, and in accordance with current legislation, an agreement on full financial liability can be concluded with him, about which the employee knew, refusal to conclude such an agreement should be considered as a failure to fulfill labor duties with all the ensuing consequences.

If the need to conclude an agreement on full financial liability arose after concluding an employment contract with the employee and is due to the fact that, due to changes in current legislation, the position he holds or the work he performs is included in the list of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full financial responsibility, but the employee refuses to conclude such an agreement, the employer, by virtue of Part 3 of Article 73 of the Code, is obliged to offer him another job, and in the absence of it or the employee refuses the offered work, the employment contract with him is terminated in accordance with paragraph 7 of Article 77 Code (an employee’s refusal to continue working due to a change in the essential terms of the employment contract).”

Pay attention to the first paragraph - “if...agreed upon hiring.” It is when hiring an employee that they are introduced to the Internal Labor Regulations. So, if you are afraid that someone’s employment contract will not indicate this condition regarding the obligation to maintain material assets, then you can include it in the internal labor regulations, indicating a list of positions (works) to which this condition applies.

It is recommended that the Internal Labor Regulations indicate not only a list of job duties, but also a corresponding list of disciplinary violations. This will make it easier for the judge (or inspector) in the future to determine whether the employee’s act was a disciplinary violation in this organization.

Some employers, when establishing a list of disciplinary violations, also establish a list of disciplinary sanctions, including deprivation of bonuses, a reprimand, demotion, postponement of vacation, etc. It is illegal. Let us remind you that Art. 192 of the Labor Code of the Russian Federation establishes only 3 disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds. Of course, this does not mean that bonuses cannot be deprived. A bonus is an incentive measure, and deprivation of a bonus is a non-application of an incentive measure, but not a penalty. Therefore, it is possible to deprive bonuses legally, but it is written in the Rules that this recovery is prohibited.

Sections of internal labor regulations

It's time to take a little break from accounting and tax reporting and pay attention to the details that are necessary for the normal functioning of the organization, but are often “postponed for later.”

One of these details is the development and approval of internal labor regulations.

Internal labor regulations are a local regulatory act of the company, developed and approved in accordance with the labor legislation of the Russian Federation and the company charter for the purposes of:

Strengthening labor discipline,
effective organization labor,
rational use of working time,
ensuring high quality and productivity of workers.

Internal labor regulations are a document that any company must have at its disposal. This document must be familiarized with each employee of the organization.

Quite often, the quality of work of hired employees directly depends on the clarity of the organization of the labor process and labor discipline.

Our article will discuss the requirements of current legislation and the procedure for drawing up internal labor regulations (ILR).

Also attached to the article is a template of internal labor regulations, which will help the accountant in developing individual rules for your company.

PROVISIONS OF APPLICABLE LEGISLATION

Article 189 of the Labor Code of the Russian Federation establishes the concept of labor discipline. Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with:

Labor Code,
other federal laws,
collective agreement,
agreements,
local regulations,
employment contract.

It should be noted that the preparation of the PVTR, provided for in Article 189 of the Labor Code of the Russian Federation, is not advisory, but mandatory.

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts, to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations. In accordance with the provisions of the Labor Code, PVTR is a local regulatory act that regulates, in accordance with current legislation:

The procedure for hiring and dismissing employees,
basic rights,
duties and responsibilities of the parties to the employment contract,
operating mode,
Time relax,
incentive and penalty measures applied to employees,
other issues of regulation of labor relations with this employer.

All these issues must be clearly regulated in the organization’s PVTR. The rules are drawn up on the company's letterhead, agreed upon through discussion at a meeting of the workforce, endorsed by a lawyer and approved by the head of the organization.

PVTR are required to be requested by the Labor Inspectorate when conducting inspections of organizations. The absence of a company's PVTR may result in the application of penalties to the head of the company and the organization.

Thus, in accordance with Article 5.27 of the Administrative Code, violation of labor and labor protection legislation entails the imposition of an administrative fine:

For officials in the amount from 1,000 rubles to 5,000 rubles;
- for - from 1,000 rubles to 5,000 rubles or administrative suspension of activities for up to 90 days;
- for legal entities - from 30,000 rubles. up to 50,000 rubles or administrative suspension of activities for up to 90 days.

In addition, in accordance with paragraph 2 of Article 5.27 of the Administrative Code, a repeated violation of the law by an official who has previously been subject to administrative punishment for a similar offense entails disqualification for a period of 1 to 3 years.

In addition, if the company does not have PVTR, conflicts with employees may arise, for example:

It is impossible to hold an employee accountable for failure to comply with labor discipline, since he does not know the organization’s requirements for him.
Difficulties may arise with dismissing an employee due to his failure to fulfill his job duties, since it will be difficult to prove with reason what duties the employee did not fulfill.

The emergence of disputes with employees may lead to legal proceedings, followed by a prosecutor's inspection and an inspection by the labor inspectorate.

In connection with the above, it is necessary to pay attention Special attention preparation of PVTR. The Labor Code does not regulate the procedure for drawing up PVTR. Absent in the Labor Code of the Russian Federation and special conditions, as well as any specific requirements for the content of the VTR rules.

In this regard, the company needs to develop PVTR independently, taking into account the organizational specifics and characteristics of the company’s economic activities.

When drawing up the PVTR, it is necessary to rely on Section VIII “Labor Regulations and Labor Discipline” of the Labor Code of the Russian Federation.

Articles 189 and 190 of the Labor Code of the Russian Federation cover the range of issues that should be regulated by PVTR and establish the procedure for their approval.

In addition, you can turn for hints to Resolution of the USSR State Committee for Labor No. 213 “On approval of the Standard Rules of Internal Labor Regulations for workers and employees of enterprises, institutions, and organizations.”

This document can help a company when drawing up its own PVTR.

However, it must be remembered that Resolution No. 213 was approved a long time ago, before the Labor Code came into force. Therefore, many provisions of the Resolution are already outdated.

Despite some obsolescence of Resolution No. 213, it is still in force to the extent that it does not contradict the Labor Code.

When drawing up the PVTR, it is recommended to take into account the requirements for document preparation established by the State Standard of the Russian Federation GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements."

GOST R 6.30-2003 was adopted and put into effect by Decree of the State Standard of the Russian Federation No. 65-st and applies to organizational and administrative documents included in OK 011-93 “All-Russian Classifier of Management Documentation” (OKUD) (class 0200000).

Internal labor regulations belong to class 02000000 and have the code designation 0252131.

GOST R 6.30-2003 establishes:

Composition of document details;
requirements for the preparation of document details;
requirements for document forms.

In accordance with Article 3 of the Standard, the following details are used when preparing and processing documents:

Organization emblem or trademark (service mark);
organization code;
main state registration number (OGRN) of the legal entity;
/reason code for registration (TIN/KPP);
document form code;
name of company;
reference information about the organization;
name of the document type;
document date;
document registration number;
reference to the registration number and date of the document;
place of compilation or publication of the document;
destination;
document approval stamp;
resolution;
title to the text;
control mark;
document text;
mark about the presence of the application;
signature;
document approval stamp;
visa document approval;
seal impression;
mark on certification of the copy;
mark about the performer;
a note on the execution of the document and sending it to the file;
ID of the electronic copy of the document.

STRUCTURE OF INTERNAL LABOR REGULATIONS

In order to correctly draw up Internal Labor Regulations, it is necessary first of all to determine their structure and content.

The PVTR must contain the following data:

On organizing working relationships within the company,
on the mutual responsibilities of workers and management,
O granting vacations,
about the secondment of employees,
internal regime of the enterprise,
and similar information.

The rules should reflect the specific characteristics of the company. In the PVTR it is necessary to try to fix the regulations maximum quantity situations arising in the course of the company's business activities.

So, if the company has a shift work schedule for employees, it is necessary to include in the PVTR (or indicate in the rules the document that regulates this) shift schedules for such employees.

You also need to indicate:

Start and end time of each shift,
quantity and duration of shifts,
other information.

If the company employs employees whose employment contract provides for work during irregular working hours, the PVTR must indicate:

List of positions with irregular working hours,
conditions under which workers will perform their job duties outside of normal working hours.

It is not always convenient to include such data in the internal labor regulations. In this case, the organization can approve the PVTR and develop separate provisions. For example, the Regulation on irregular working hours.

The PVTR also needs to reflect data on the start and end times of the working day, the duration of the lunch break, the number of vacation days and other information of this kind.

In order for the Internal Labor Regulations not to turn into a difficult-to-read “Talmud”, there is no need to rewrite all the provisions of the Labor Code in them.

Too much information contained in the PVTR can turn this internal document of the organization into one of little interest and practically unusable for its intended purpose.

In order to prevent this from happening, it is necessary to remove all unnecessary things from the PVTR, and not go into details of those provisions that are already enshrined in the Labor Code of the Russian Federation and other regulations.

The rules must contain information that reflects the specifics of the specific organization for which they are developed.

It is recommended to include the following sections in the Internal Labor Regulations:

1. General Provisions.

This section is intended to determine the main purpose of the internal regulations, as well as the scope of their application and who they apply to.

2. The procedure for hiring employees.

This section specifies the documents that the employing organization requires when hiring, the conditions for establishing a probationary period and its duration, and the procedure for formalizing the hiring of an employee.

3. The procedure for transferring employees.

This section describes the employer's procedure when transferring an employee to another job, and the procedure for processing the employee's transfer.

4. The procedure for dismissing employees.

This indicates the procedure for registering the dismissal of an employee and the grounds for terminating the employment contract.

5. Basic rights and obligations of the employer.

This section is being developed in accordance with Art. 22 of the Labor Code. It is this article that regulates the basic rights and obligations of the employer.

The section indicates:

Methods of organizing the work of workers,
the procedure for bringing employees to disciplinary and financial liability,
the procedure for observing labor discipline,
guarantees and compensation provided to employees,
other similar questions.

6. Basic rights and obligations of employees.

The section is developed in accordance with the provisions of Art. 21 Labor Code.

The section specifies the employee's responsibilities:

Work conscientiously
maintain work discipline,
carry out instructions from management in a timely and accurate manner,
observe safety precautions,
keep the workplace in order, etc.

The employee’s rights are also reflected:

For timely and full payment of labor,
health and life insurance,
conclusion, amendment and termination of an employment contract with the company,
other employee rights.

7. Working hours.

This section indicates the start and end time of the working day or shift, the duration of the working day and working week, the number of shifts per day and similar information, in accordance with Article 100 of the Labor Code.

In addition, if the organization has employees with irregular working hours, the PVTR can indicate a list of positions of employees with irregular working hours in accordance with Art. 101 of the Labor Code.

8. Rest time.

The section indicates the time for providing a lunch break and its duration in accordance with Art. 108 of the Labor Code.

Special breaks provided for some employees are also indicated (if necessary). Here it will be necessary to indicate the types of work for which such breaks are required, their duration and the procedure for providing them (in accordance with Article 109 of the Labor Code).

Special breaks may be provided, for example, to employees who work outdoors during the cold season and to loaders.

The procedure for providing days off is indicated in accordance with Article 111 of the Labor Code.

When working on a five-day work week, the rules stipulate which day other than Sunday will be a day off.

In addition, you need to indicate the duration and grounds for providing additional annual paid leave in accordance with Art. 116 of the Labor Code.

9. Remuneration.

The section specifies the procedure, place and timing of payment of wages in accordance with Art. 136 of the Labor Code.

10. Rewards for work.

In accordance with Article 191 of the Labor Code, the section indicates specific types of incentives, for example:

Declaration of gratitude,
issuing a bonus,
rewarding with a valuable gift,
other incentives.

11. Responsibility of the parties.

This section contains the procedure for bringing an employee to disciplinary liability, as well as the procedure for the employer to compensate the employee for damage caused.

12. FINAL PROVISIONS

This section regulates the procedure for resolving issues not reflected in the PVTR. As well as the procedure for making changes to the rules.

APPROVAL AND APPROVAL OF INTERNAL LABOR RULES

After the internal labor regulations have been developed, they must be agreed upon with the representative body of workers and approved by the head of the organization. Usually the rules are an appendix to the collective agreement (Article 190 of the Labor Code of the Russian Federation).

Employees are introduced to the rules upon signature upon hiring (and if the rules are adopted again, then during the work process). Employees must also be made aware of all changes made to this document.

The rules must be available for reading at any time. To do this, they can be posted in the organization and in all its structural divisions in a visible place or on the corporate website.

When developing internal labor regulations, first of all, it is necessary to find an employee who will be responsible for developing internal labor regulations.

Such an employee may be a manager, lawyer, chief accountant or any other employee of the organization.

If the responsibilities for developing PVTR are not included in the employee’s job description, it is necessary to invite him to perform these duties.

If the employee agrees, then an addition is made to his job description (or employment contract) regarding the employee’s fulfillment of responsibilities for developing the PVTR.

In the future, it is necessary to determine the list of employees:

Which should assist in the development of PVTR (heads of departments, accounting, other employees),
with whom the PVTR are coordinated (heads of departments, lawyers, accounting, other employees).

It is necessary to issue an order on the development of the PVTR, which appoints the employees responsible for the development of the PVTR, and also establishes the stages and timing of the development, coordination and final approval of the PVTR.

The developed draft Rules are agreed upon with all authorized persons (in accordance with the order on the development of the PVTR).

If the company does not have a representative body of employees, then the rules can be approved by the head of the organization.

The rules are approved by order of approval and the implementation of internal labor regulations.

If PVTR are adopted for the first time, then this relates to a change in organizational working conditions, and it is necessary to make changes to the employees’ employment contracts in order to comply with the procedure for changing the essential terms of the employment contract.

All company employees must be familiarized with the PVTR against signature.

In accordance with paragraph 3 of Article 68 of the Labor Code, when hiring each new employee, he must be familiarized with the rules against signature or signature.

Registration of internal labor regulations

This document must be in the organization, and each employee must be familiarized with it against signature. But personnel officers often ask: what should PVTR look like from an office management point of view?

A unified form of PVTR is not provided for by regulations, therefore the Rules are drawn up in free text form. The rules are drawn up on a form that must indicate: the name of the employer, the place where the document was drawn up, the name of the type of document (RULES) and the title of the text (internal labor regulations). If necessary, appendices are drawn up to the Rules.

Application documents have an appropriate mark indicating their connection with the Rules. This mark is placed in the upper right corner of the application document and includes the word “Appendix”, and, if necessary, its number (with a No. sign). PVTR are approved by the employer taking into account the opinion of the representative body of employees in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. To do this, the employer must send the draft Rules and the rationale for it to the elected body of the primary trade union organization representing the interests of all or the majority of employees. After drawing up the text of the Rules and appendices, agreeing on these documents with interested officials and taking into account the opinion of the representative body of workers, approval visas and a note about taking into account the opinion of the representative body of workers are issued.

The rules may be approved by the head of the organization or another authorized official. In this case, the details “Approval stamp” are drawn up, which contains the word APPROVED, the name of the position of the person who approved the document, his personal signature, its transcript and date. Rules can also be approved by issuing an appropriate order. In this case, the approval stamp contains the word APPROVED and the date and number of the order.

Depending on how the Rules were approved, changes will be made to them in the same way.

This means: if there is an order to approve the Rules, it is necessary to issue appropriate orders for any changes made to the Rules.

All employees must be familiarized with the Internal Labor Regulations, as well as all changes made to them, against signature. Special rules established for familiarization with the Rules for persons applying for work. Part 3 Art. 68 of the Labor Code of the Russian Federation provides that when hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with local regulations directly related to his work activity, in particular with the internal labor regulations. In practice, various forms are used to confirm in writing that employees are familiar with the PVTR. For example, a separate sheet can be attached to the PVTR for processing all necessary familiarization visas (familiarization sheet). The rules are usually stored in the preschool educational institution service and in the personnel service. It is advisable to store copies of the document in each structural unit.

Familiarization with the Internal Labor Regulations

The developed draft Internal Labor Regulations are agreed upon with the legal department, human resources department and other employees and structural divisions, at the discretion of management.

According to Art. 190 of the Labor Code of the Russian Federation The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the organization’s employees. Many lawyers believe that in this case, a representative body of workers means a trade union, or another representative body existing in the organization. So, in its absence, the manager has the right to approve the Rules personally. We do not agree with this opinion. The code does not say that in the absence of a trade union, the manager has the right to approve the internal labor regulations personally. We believe that in this case it should be collected General meeting workers, which, in order to take into account the opinion of the collective when approving the Rules, will be determined by the Council of Workers or a representative. The fact that the opinion was taken into account must be documented, for example, the minutes of the meeting of the Employees' Council.

The employer is obliged to familiarize each employee with the internal labor regulations upon receipt of employment.

If a new edition of the Rules has been developed, then it is hardly possible to require the employee to immediately sign and comply with the new rules. The fact is that the Internal Regulations, along with the employment contract (for example, if the latter is detailed), regulate the essential terms of the employment contract with the employee. And it is possible to change the essential terms of employment contracts only in the manner prescribed by law (Article 73 of the Labor Code of the Russian Federation), subject to notification to employees two months before their introduction. If the innovations concern non-essential conditions, then, it seems, the article of Art. 73 and there is no need to wait two months.

Internal labor regulations legislation

According to Art. 189 of the Labor Code of the Russian Federation, labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with this Code, other laws, collective agreements, agreements, employment contracts, and local regulations of the organization. The employer is obliged, in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, collective agreements, agreements, local regulations containing labor law norms, and an employment contract, to create the conditions necessary for employees to comply with labor discipline.

The organization's labor regulations are determined by the internal labor regulations.

The internal labor regulations of an organization are a local regulatory act of an organization that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentive measures applied to employees and penalties, as well as other issues of regulation of labor relations in the organization (Article 189 of the Labor Code of the Russian Federation).

According to Art. 190 of the Labor Code of the Russian Federation The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the organization’s employees.

The internal labor regulations of an organization, as a rule, are an annex to the collective agreement.

The internal labor regulations of the organization approved by the employer are usually posted in a visible place in departments, workshops, laboratories and other departments.

Back | |