21.02.2021

Rules of internal labor regulations of the organization. The procedure for approving the rules of internal labor regulations


The procedure for approving the rules of internal labor regulations

The internal labor regulations for an LLC (PVTR) are a local regulatory act of an organization that regulates the labor relations between an employee and an employer in organizational terms.

The internal labor regulations are approved by the head of the organization or in another manner provided for by the local instruction on office work.

Important! In a society where a trade union operates, which includes the majority of workers, these rules must be coordinated with it.

According to Art. 372 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), coordination is carried out in the following order:

  • the employer sends to the elected body of the trade union a draft of the internal labor regulations with justification;
  • the specified body within 5 working days sends a written opinion on the draft.

Having considered this opinion, the employer has the right:

  • accept the comments of employees;
  • hold a joint consultation in order to reach an acceptable solution (the results of the meeting are recorded in the minutes);
  • adopt the internal labor regulations without taking into account the position of the trade union, which gives the latter the right to appeal against the adopted PWTR in court or initiate a collective labor dispute in the manner specified in Ch. 61 of the Labor Code of the Russian Federation.

Note! This approval procedure has led to the fact that, in practice, the internal labor regulations are often an annex to the collective agreement and, simultaneously with the latter, are discussed by the employer and the trade union.

The PVTR reflects the following information:

  1. The procedure for admission, dismissal.
  2. Basic rights and obligations of employees.
  3. Responsibility for failure to fulfill obligations.
  4. Incentive measures, penalties, etc.
  5. Work time, namely the period when the employee performs labor duties (Article 91 of the Labor Code of the Russian Federation).
  6. Working hours, duration of the working week (Article 100 of the Labor Code of the Russian Federation). Read about the norms for the duration of the working week in the article Norms for the duration of the working week according to the Labor Code of the Russian Federation.
  7. The time when a break is provided, its duration (Articles 108, 109 of the Labor Code of the Russian Federation).
  8. The procedure for sending on a business trip (Articles 166-168 of the Labor Code of the Russian Federation).
  9. Days off provided as a weekly uninterrupted rest (Article 111 of the Labor Code of the Russian Federation).
  10. Granting vacations (annual, including additional, vacations without saving wages).

Responsibility for violation of the PWTR

The employee must be familiarized with the PWTR under signature before signing employment contract(Article 68 of the Labor Code of the Russian Federation).

This condition allows the applicant not only to get an idea of ​​​​the internal order of the organization, but also to decide on the readiness to follow such a procedure. The absence of a mark on the familiarization of the employee with the PWTR entails the loss of the employer's right to refer to them, holding the employee liable (determination of the Ivanovo Regional Court of 06/01/2016 in case No. 33-1387).

Important! Responsibility for violation of the PWTR is disciplinary. So, if an employee violated the terms of the PWTR, which he was familiarized with under his signature, the following penalty may be applied to him (Article 192 of the Labor Code of the Russian Federation):

  • remark ( appellate ruling court of the Khanty-Mansi Autonomous Okrug dated May 17, 2016 in case No. 33-3425/2016);
  • reprimand (determination of the Primorsky Regional Court dated April 19, 2016 in case No. 33-3768);
  • dismissal (appellate ruling of the Moscow City Court dated March 18, 2016 in case No. 33-6286/2016).

Note! The head of the organization may also be brought to such responsibility (Article 195 of the Labor Code of the Russian Federation).

Availability of local normative documents governing labor relations, determines the mandatory nature of their implementation by the parties. Failure to comply with the rules prescribed in these documents, which led to a violation of the rights of an employee or employer, entails the risk of consequences for the relevant party in the form of liability.

The internal labor regulations, a sample of which will be described later in the article, are a normative act drawn up in accordance with the provisions of the Labor Code, as well as the charter of the enterprise. Every company should have this document. All employees are required to familiarize themselves with the normative act against signature or receipt.

General information

A sample of the internal labor regulations for an LLC or other enterprise includes the basic requirements that ensure the normal operation of the company. This document is required for:

  1. Strengthening discipline in the team.
  2. Effective organization of activities.
  3. Rational use of time allotted for work.
  4. Ensuring high productivity and quality of work of employees.

Labor discipline is expressed in the obligatory obedience of all employees of the enterprise to the rules of conduct established in accordance with the Labor Code, other laws, collective and other agreements, local acts.

Specificity

What are the features of the Internal Labor Regulations? The sample document includes provisions that, to one degree or another, are reflected in job descriptions, orders and other local documents. However, in this act they are of a general nature and are mandatory for all employees without exception. It establishes, in particular:

  • The procedure for recruiting and dismissing employees.
  • Basic duties, rights and responsibilities of employees.
  • Mode of activity and rest time.
  • Penalties and incentives applied to employees.
  • Other matters concerning labor relations In the organisation.

In Art. 189 and 190 of the Labor Code, a provision is formulated according to which work at any enterprise, regardless of its form of ownership, is regulated by a local act. The internal labor regulations of the organization apply specifically to this company. This means that the enterprise itself determines their content.

Coordination

The approval of the internal regulations is carried out by the head. At the same time, the opinion of the representative body of the collective is taken into account. This means that the document is signed by an authorized person, which confirms the approval. The representative body may be:

  1. Trade union or their association.
  2. Trade union organizations provided for in the charters of interregional, all-Russian associations.
  3. Other representatives who are elected by employees.

Relevance of the issue

In the case of a collective agreement between employees and the head of the enterprise, the internal regulations of the organization are usually attached to it. The absence of this document may lead to certain negative consequences For the company. For example, a manager will not be able to hold an employee liable for non-compliance with certain requirements governing his activities, since they are simply unknown to the latter. In the event of disputes about the legality of dismissal, it is impossible to prove which duties the employee did not fulfill.

Accordingly, when the latter applies to the inspection, he will be reinstated in the state, as well as the payment of compensation for the period of forced absenteeism, legal costs or moral damage. Moreover, the absence of rules acts as a violation of labor laws. In this case, a fine may be imposed on the head under Art. 5.27 of the Code of Administrative Offenses. For officials the monetary penalty is set in the amount of 1 to 5 thousand rubles, and for legal entities - from 30 to 50 thousand rubles. At repeated violation The requirements of the legislation provide for disqualification for 1-3 years.

LLC internal regulations: sample. General provisions

In the first section of the document, its characteristics are given. IN general provisions scope is defined normative act, issues that govern the internal regulations. The sample document also includes references to legislative and other legal acts that serve as the basis for its preparation.

Procedure for carrying out activities

The internal regulations of the institution establish that:

  1. Management and leadership current work company is carried out by the general director and his deputies.
  2. The powers of employees of the administrative apparatus are determined in their job descriptions.
  3. The general director, as well as his deputies, ensure the organization and control of the work of the company's structural divisions, hire and dismiss employees.
  4. The departments of the enterprise function in accordance with the Regulations on them, as well as in accordance with the job descriptions of employees. These acts are approved in the prescribed manner.

Reception of workers

The internal labor regulations define the following requirements:


The normative act in question establishes the duties of the immediate supervisor of the hired employee. The internal labor regulations, in particular, provide for the following:

  1. The immediate supervisor introduces the citizen enrolled in the state with the work that is entrusted to him, job description considered and other normative acts that are necessary for him in the process of implementation professional activity. Acquaintance is carried out under the signature.
  2. The immediate supervisor of the newly hired employee explains the duties and rights, introduces the citizen to colleagues, heads of those departments with which he will have to interact.

Responsible persons

The internal labor regulations of an LLC may include the duties of authorized employees regarding:

  1. Carrying out with again accepted employee briefing on safety, fire protection, industrial sanitation, etc.
  2. Familiarization of a new employee with a variety of regulations, local including those related to the labor function that he will perform.
  3. Warnings of the employee about the obligation to keep information related to commercial or other secrets protected by law, as well as about the responsibility for their disclosure and transfer to third parties.

If necessary, the employee may conclude additional agreement about data privacy.

Dismissal

The procedure in accordance with which the termination of the contract with the employee is carried out is also included in the internal regulations. The dismissal order is accepted by the head of the enterprise. The grounds for termination of the contract must not contradict the provisions of the law. The dismissal of an employee can be carried out by mutual agreement of the parties. The employee has the right to terminate the contract unilaterally, having previously warned the head of the enterprise at least 14 days in advance. before the expected departure date. By agreement between the employer and the employee, dismissal may be made before the expiration of the specified period. The date of termination of the enterprise's activities is the last day of the employee's stay at the enterprise, on which the final settlement is carried out. The citizen receives a work book with a corresponding record of dismissal.

Working hours

The internal regulations of an LLC, as well as of another enterprise, establish the length of the week, determine the days off. The last are Saturday and Sunday, as well as holidays. In accordance with the Labor Code, a 40-hour week is established for employees of all enterprises in the Russian Federation. The company can start its work at 9:00, finish - at 18:00. Internal regulations may establish a lunch break for employees from 13:00 to 14:00. The duration of the shift or working day preceding the holiday is reduced by 1 hour. general rule Weekend activities are not allowed. However, the legislation provides for a certain procedure for involving employees in overtime work with their written consent to this.

Special cases

For some categories of employees, internal regulations establish a shift form of employment, flexible schedule. The document may also provide for the division of working time into several parts. For shift workers, start and end times labor day defined by charts. They are signed by the head of the enterprise and brought to the attention of the staff no later than 1 month. before the date of their entry into force. In the production of continuous work, it is not allowed to leave the place before the arrival of the replacement employee. If the latter did not appear at the enterprise, the employee notifies his immediate supervisor about this. The latter, in turn, is obliged to immediately take measures to replace the shift with another employee.

Additional points

At the initiative of the administration of the enterprise, according to Art. 99 of the Labor Code, employees may be involved in overtime work. They should not exceed for each employee 4 hours / day for 2 consecutive days and 120 hours / year. Changing the general operating regime established at the enterprise is allowed for individual structural divisions in accordance with the orders of the general director.

Rest

The internal regulations establish the duration of the annual paid basic leave in accordance with the law. Its duration according to the Labor Code is 28 days (calendar). The duration of the leave may be extended in cases stipulated by law. The order in which the periods are granted is established annually according to the schedule. The latter is approved by the head of the enterprise no later than 2 weeks before the beginning of the year (calendar).

Incentives

The internal regulations in accordance with the Labor Code establish the following types of them:

  1. Thanksgiving announcement.
  2. Prizes.
  3. Rewarding with a valuable gift.

Incentives are provided for the conscientious performance of duties, the manifestation of entrepreneurship and initiative. The decision on this is made by the head of the enterprise on the proposal of the immediate superior of the distinguished employee. Incentives are issued by order, recorded in the work book, brought to the attention of employees.

Salary and welfare

Employees of the enterprise are set official salaries in accordance with staffing. The rules usually define two dates for the payment of wages: the 25th of the current month and the 10th of the month following the past. In the first case, an advance payment is issued, in the second, the final payment is made. All employees of the company are subject to social state insurance. If there are conditions from the FSS, employees are paid compensation and benefits (in connection with motherhood, temporary disability, and so on).

Discipline

The internal labor regulations of the organization establish the following requirements:

  1. All employees must report to the manager and his representatives, who have the appropriate administrative authority. Employees are obliged to comply with the instructions regarding labor activity, instructions and orders of the director.
  2. Employees must maintain the confidentiality of information that relates to technical, trade, financial, production and other information and became known to them in connection with the performance of their duties.

Penalties

For violation of discipline, internal regulations, non-performance or improper performance by an employee of the duties assigned to him, the head of the enterprise may apply the measures established by law. In particular, the penalty may be expressed in:

  1. Note.
  2. Reprimand.
  3. Dismissal (if there are grounds).

Before applying any of these penalties, the management of the enterprise must require the employee to provide a written explanation of the misconduct committed by him. If the employee refuses to give appropriate explanations, an act is drawn up. At the same time, these actions of the employee do not act as an obstacle to the application of a disciplinary sanction to him. The order of the general director is announced to the employee against receipt no later than 3 days (working) from the date of its issuance. If the employee refuses to sign, the head draws up an act. According to Art. 66 of the Labor Code, no entries are made in the work book about the penalties applied, except when dismissal acts as it. During the entire period of the sanctions, the employee is not entitled to incentives.

Final provisions

In the Rules in the last section, the following requirements are usually established:

  1. All employees of the enterprise must comply with the prescribed access control, have an appropriate document (pass) with them and present it at the first request of employees of the security department.
  2. Smoking is not allowed in places where, according to fire safety requirements, such a ban is provided.
  3. It is not allowed to bring alcohol to work and drink alcohol at enterprises, enter the territory and be on it in a state of intoxication (including toxic, narcotic).

Providing access to a document

The rules of procedure should be kept in the personnel department and posted in the structural divisions of the enterprise. As mentioned above, familiarization with this document is carried out when hiring employees. The management of the enterprise is obliged to notify of all changes made to the local act. The document must be available for review at any time.

Compilation features

During the development process, it is advisable to identify an employee who will be responsible for this process. They can become a lawyer, boss personnel department, Chief Accountant or another worker. If the responsibility for compiling the rules is not in the job description of the employee, the manager should offer him to take them over. If the employee agrees, then the relevant clauses should be included in the specified document or in the contract. Subsequently, employees should be defined:

  1. Which are obliged to assist in the preparation of rules. They can be heads of departments, accounting departments, etc.
  2. with which the rules will be agreed. These employees may be: a lawyer, as well as heads of departments or accountants.

The definition of responsible employees is carried out in the order of the head of the enterprise. At the disposal of the general director, the terms and stages of the development of the document, its approval and signing are also established. In the absence of a representative body of employees at the enterprise, approval is carried out solely by the head. If the document is accepted for the first time, this entails changes in the working conditions of the company. Accordingly, it is necessary to amend contracts with employees. If necessary, changes are made to job descriptions.

INTERNAL LABOR RULES

ROUTINE OF WORKERS

1. General Provisions

1.1. The internal labor regulations (hereinafter referred to as the "Rules") are a local normative act of the Open joint-stock company"Oil" (hereinafter - the "Company", "Employer"), regulating, in accordance with the Labor Code Russian Federation, other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to labor relations, working hours, rest periods, incentives and penalties applied to employees, as well as other issues related to the regulation of labor relations.

1.2. The Rules are developed in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the “LC”), as well as other regulatory legal acts containing labor law.

1.3. The rules are intended to promote effective organization labor, rational use working time, high quality of work, increasing labor productivity, as well as strengthening labor discipline

1.4. Compliance with these Rules is mandatory for all employees, regardless of length of service and mode of employment.

2. Procedure for hiring

2.1. The basis for the emergence of labor relations between the employee and the Company is the conclusion of an employment contract.

2.2. An employment contract (hereinafter referred to as the “Contract”) concluded between the Company and an employee is an agreement according to which the Company undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms , local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with these Internal Labor Regulations of the Company.

2.3. The contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the Agreement is kept by the Employer, and the other is transferred to the employee. The receipt by the employee of a copy of the Agreement is confirmed by the signature of the employee on the copy of the Agreement kept by the Employer.

2.4. The terms of the Agreement may be changed during the period of its validity by mutual agreement of the parties in the manner prescribed by the legislation of the Russian Federation. At the same time, all these additions or changes will have legal force only in cases of their written execution and signing by the parties as an integral part of the Agreement.

2.5. When concluding an employment contract, a person entering a job presents:

a passport or other identity document;

a work book (except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis);

insurance certificate of state pension insurance (when concluding an employment contract for the first time, an insurance certificate of state insurance is issued by the Employer);

· documentation military registration- for persons liable for military service and persons subject to conscription;

a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training

2.6. Employment without presenting those specified in paragraphs. 2.5. documents are not allowed.

2.7. When hiring, the employee fills out a questionnaire, according to the approved form, where he indicates information about his place of residence, place of registration, military duty, education, marital status, as well as contact information: phone numbers (home and mobile), email address, etc.

2.8. The received and processed personal data of the employee is contained in the T-2 personal card, in accordance with the Regulations on the protection of personal data of employees of OAO Oil.

2.9. When hiring (before signing an employment contract), the employee gets acquainted with these Internal Labor Regulations, the Regulations on the Protection of Personal Data and other local regulations directly related to his signature against signature. labor activity, and also undergoes an introductory (primary) briefing at the workplace on safety and labor protection.

2.10. An employee whose access to information constituting a commercial secret is necessary for him to fulfill his job duties, must be familiar with the documents regulating the procedure for using information constituting a trade secret.

2.11. For each employee who has worked in the Company for more than five days, the Employer is obliged to keep work books, if the work in the Company is the main one for the employee.

2.12. At the conclusion of the Agreement for the first time, the work book and the insurance certificate of state pension insurance are issued by the Company.

2.13. If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the Company, upon a written application from this person (indicating the reason for the absence of a work book), draws up a duplicate of the work book.

2.14. When issuing a work book and an insert to an employee, the Company charges him a fee, the amount of which is determined by the amount of expenses for their acquisition.

2.15. Employment is formalized by the order of the Employer, issued on the basis of the concluded Agreement. The content of the order must comply with the terms of the concluded Agreement. The order for employment is announced to the employee against signature within three days from the date of signing the Agreement.

2.16. The employee has the right to conclude employment contracts on the performance of other regular paid work in the Company in his spare time from his main job ( internal combination) and (or) from another employer (external part-time job).

2.17. With the written consent of the employee and for an additional fee, he may be entrusted with the implementation additional work in another or the same position during the established working hours, along with the work specified in the Agreement.

2.18. Fixed term contract may be in the following cases:

for the duration of the performance of the duties of an absent employee, for whom the place of work is retained;

· for the duration of temporary (up to two months) works;

for carrying out work that goes beyond the normal activities of the Employer, as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons entering a part-time job;

· with old-age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical report, are allowed to work exclusively of a temporary nature.

· with persons hired to perform deliberately defined work in cases where its completion cannot be determined by a specific date;

To perform work directly related to the internship and vocational training employee;

with persons studying full-time learning;

in other cases stipulated by the labor legislation of the Russian Federation.

2.19. When concluding the Agreement, in order to verify the compliance of the employee with the assigned work, the employee is set a probationary period of three months.

2.20. When concluding an employment contract for a period of two to six months, the probationary period is two weeks.

2.21. For the head of the Company, his deputies, the Chief Accountant and his deputies, a probationary period may be set for up to six months.

2.22. A test for employment is not established for:

· persons elected by competition for the corresponding position held in accordance with the procedure established by the regulatory legal acts of the Russian Federation;

· pregnant women and women with children under the age of one and a half years;

Persons under the age of eighteen;

persons who graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time coming to work in the received specialty within one year from the date of graduation educational institution;

persons invited in the order of transfer from another employer as agreed between employers;

persons who have concluded an employment contract for a period of up to two months;

other persons in cases stipulated by the Labor Code.

2.23. During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, local regulations.

2.24. Labor activity during the period probationary period included in the work experience.

2.25. The period of temporary disability and other periods when the employee was actually absent from work are not included in the probationary period.

2.26. Based on the results of the probationary period, the Employer and the employee make a decision to continue or terminate the employment relationship.

2.27. In case of unsatisfactory test results, the Employer has the right to terminate the Contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing the employee as not having passed the test.

2.28. If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the Agreement is allowed only on a general basis.

2.29. If during the probation period the employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the Contract for own will by notifying the Employer in writing three days in advance.

2.30. Exclusive rights to use works created by the employee in the order of performance official duties belong to the employer.

3. Changes to the employment contract

3.1. Changing the terms of the employment contract determined by the parties, including transfer to another job, relocation is allowed only by agreement of the parties to the Agreement, with the exception of cases provided for by the Labor Code.

3.2. When transferring to another job, an employee (before signing an agreement to an employment contract) gets acquainted with local regulations that are directly related to his work activity.

3.3. The employee, with his consent, may be assigned the duties of a temporarily absent employee (combination of professions (positions)) without release from work with the establishment of an additional payment in the amount determined by agreement of the parties. The combination of professions (positions) is formalized by the order of the Employer, which determines the term (period) of the combination and the amount of additional payment. Familiarization of the employee with the order and his consent to the combination is confirmed by the signature of the employee on the order.

3.4. In the event that, for reasons related to changes in organizational or technological conditions labor, the terms of the Contract determined by the parties cannot be saved, they can be changed at the initiative of the Company, with the exception of changing the labor function of the employee.

4. Dismissing an employee

4.1. The contract is subject to termination in the manner and on the grounds provided for by the current labor legislation of the Russian Federation.

4.2. The day of termination of the Agreement in all cases is the last day of work of the employee, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation, the place of work (position) was retained for him.

4.3. Upon dismissal, the employee transfers the affairs, as well as the property assigned to him, to a person appointed by the Employer.

4.4. Termination of the Agreement is formalized by the order (instruction) of the Employer. The employee gets acquainted with the order (instruction) of the Employer on termination of the Agreement against signature.

4.5. On the day of termination of the Agreement, the Employer issues a work book to the employee.

4.6. In the event that on the day of dismissal it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the Employer sends a notification to the employee by mail about the need to appear for a work book or agree to send it by mail.

4.7. From the date of sending the said notification, the Employer is released from liability for the delay in issuing the work book.

4.8. At the written request of an employee who has not received a work book after dismissal, the Employer issues it no later than three working days from the date of the employee's request.

4.9. Upon termination of the contract, payment of all amounts due to the employee from the Employer is made on the day the employee is dismissed.

4.10. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

4.11. severance pay upon termination of the TD, it is paid to the employee in the cases and in the manner established by the labor legislation of the Russian Federation.

4.12. Upon dismissal of an employee, the Employer has the right to make deductions from the salary of this employee to pay off his debt to the Employer in the cases and in the amount provided for in Articles 137 and 138 of the Labor Code and other federal laws.

4.13. In addition to the grounds provided for by the Labor Code and other federal laws, an agreement concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, of which the Employer warns the specified person in writing at least two weeks prior to termination of the Agreement.

4.14. An Employee who has concluded an Agreement for a period of up to two months is obliged to notify the Employer in writing three months in advance. calendar days on early termination of the Agreement.

5. Basic rights and obligations of an employee

5.1. The employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code, other federal laws;

Provision of work stipulated by the employment contract;

· workplace, corresponding to the state regulatory requirements for labor protection;

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

Rest provided by the establishment of normal working hours, the provision of weekly days off, non-working holidays, paid annual holidays;

full reliable information about working conditions and labor protection requirements at the workplace;

professional training, retraining and advanced training in the manner prescribed by the Labor Code, other federal laws;

protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;

Compensation for harm caused in connection with the performance of his labor duties, in the manner prescribed by applicable law;

obligatory social insurance in cases stipulated by federal laws;

Ensuring other rights provided for by the Labor Code and the Agreement.

5.2. The employee is obliged:

· conscientiously fulfill their labor duties assigned to him by the employment contract;

Comply with the rules of internal labor regulations;

observe labor discipline;

to comply with the established labor standards;

rational use of working time, materials and equipment of the Employer;

· take care of the property of the Employer and other employees (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property);

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 held by the Employer, if the Employer is responsible for the safety of this property);

Comply with labor protection and labor safety requirements;

respect the confidentiality of information constituting official and commercial secrets that have become known to the worker as a result of labor activity;

use communication facilities and office equipment exclusively for production purposes;

If you fail to appear at work on a day of disability or in other cases, notify your immediate supervisor and the HR Directorate about the reasons for your absence from the workplace by available means, and upon leaving on the first day to work, submit to the HR Directorate justifying documents of your absence from the workplace ;

· in case of temporary incapacity for work that occurred during the period of being on the next vacation, the employee is obliged, no later than three days from the date of the onset of incapacity for work, to notify his immediate supervisor and the HR Directorate about this by available means, and resolve issues related to the extension of the vacation;

The employee must have a neat appearance in accordance with business style. Requirements to appearance employees of the Company are given in Appendix No. 1 to these Rules. Separate categories employees are provided by the Employer with overalls of the established sample.

· perform other duties stipulated by these Rules, the Agreement, job description, local regulations and labor legislation of the Russian Federation.

6. Basic rights and obligations of the Employer

6.1. The employer has the right:

· conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code, other federal laws;

· require the employee to fulfill his labor duties, to take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, to comply with these Rules;

reward the employee for conscientious efficient labor;

· bring the employee to disciplinary and material liability in the manner prescribed by the Labor Code, other federal laws;

· adopt local regulations binding on the Employee.

6.2. The employer is obliged:

· comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and employment contracts;

provide the employee with work stipulated by the employment contract;

ensure the employee's safety and working conditions that comply with state regulatory requirements for labor protection;

Provide employees with equipment technical documentation, materials and other means necessary for the performance of their labor duties;

Provide employees equal pay for work of equal value;

· pay in full the wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the Internal Labor Regulations, labor contracts;

acquaint employees against signature with the adopted local regulations that are directly related to their work activities;

provide for the everyday needs of employees related to the performance of their labor duties, including providing for employees drinking water good quality, if the quality of drinking water supplied to the organization does not comply with sanitary and epidemiological rules and regulations " Drinking water. SanPiN 2.1.4.1074-01";

· carry out compulsory social insurance of employees in the manner prescribed by federal laws;

· provide employees with guarantees and compensations provided for by the current labor legislation of the Russian Federation;

provide the Employee with corporate mobile communication to use it for production purposes in accordance with the local regulations of the Employer;

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

7. Social and medical insurance of the employee.

7.1. The Employer provides voluntary medical insurance for the Employee on the terms determined by the local regulations of the Employer.

7.2. The Employer provides the Employee with compulsory social insurance in accordance with the Labor Code of the Russian Federation and other federal laws.

7.3. In case of temporary disability, the employer pays the employee temporary disability benefits in accordance with the legislation of the Russian Federation.

7.4. sick leave for pregnancy and childbirth are paid in accordance with the norms established by the legislation of the Russian Federation.

7.5. Financial assistance to an employee can also be provided in case of natural disaster and emergency; sickness of an employee; the death of an employee; serious illness or death of a close relative of the employee (parents, children, husband, wife); in other cases based on the decision of the head of the Company.

7.6. The decision on the payment of such material assistance and its amount is formalized by orders Director General Society.

7.7. Financial assistance in the event of the death of an employee is paid to the spouse, one of the parents or another family member.

8. Protection of personal data of employees

8.1. The receipt, processing, transfer and storage of personal data of employees takes place in the manner prescribed by the Regulations on the protection of personal data of employees, approved by the Employer.

9. Retraining of workers

9.1. Necessity vocational training and retraining of personnel is determined by the Employer, guided by the current legislation of the Russian Federation.

10. Working hours

10.1. Working time is the time during which the employee, in accordance with these Rules and the terms of the Agreement, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time.

10.2. The employer is obliged to keep records of the time actually worked by each employee.

10.3. Working time includes the time spent on performing both production operations (main, auxiliary time, normalized break time), and on preparing for the performance of the assigned work, on actions to complete it and maintain the workplace (preparatory-final time and time for servicing the worker). places: preparation and cleaning of the workplace).

10.4. The Company's employees have a five-day working week with two days off: Saturday and Sunday. Working hours are 40 hours per week and 8 hours per day, respectively.

10.5. Working hours are distributed from Monday to Friday as follows:

start of work at 09:00. 00 min.;

end of work at 18:00. 00 min.;

· in the period from 12.00 to 14.00 of each working day, employees are given a break for rest and meals for one hour.

10.6. The duration of the working day immediately preceding the holiday non-working day is reduced by one hour.

10.7. The length of working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time.

10.8. The contract with the employee may provide for an irregular working day - a special mode of work, in accordance with which individual workers may, by order of the Employer, if necessary, be occasionally involved in the performance of their labor functions outside of their working hours. The list of positions of employees with irregular working hours is established by the Employer.

10.9. By agreement between the Employer and the employee, part-time work or a part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for the sick family member in accordance with the medical report.

10.10. An employee may be sent on a business trip in accordance with the procedure established by the Labor Code of the Russian Federation and the “Regulations on business trips” approved by the Employer.

11. Rest time

11.1. Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. The types of rest time are: breaks during the working day; daily rest; days off (weekly uninterrupted rest); non-working holidays; holidays.

11.2. With a five-day working week Employees are given two days off per week: Saturday and Sunday.

11.3. When weekend and non-working days coincide holidays the day off is transferred to the next working day after the holiday, unless a different procedure for the transfer of days off is determined by the regulatory legal acts of the Russian Federation.

11.4. The order of granting paid vacations is determined annually in accordance with the vacation schedule approved by the Employer no later than two weeks before the start of the calendar year.

11.5. The employee is granted annual paid leave with the retention of the place of work (position) and average earnings for a duration of 28 (twenty-eight) calendar days.

11.6. For employees with irregular working hours, an annual additional paid leave of 3 (three) calendar days is established.

11.7. The right to use the leave for the first year of work arises for the employee after six months of continuous work in the Company.

11.8. Vacation for the second and subsequent years of work is provided to the employee in accordance with the vacation schedule approved by the Company.

11.9. By agreement between the employee and the Employer, vacation can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 (Fourteen) calendar days.

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

11.11. Recall of an employee from vacation is allowed only with his consent. The unused part of the vacation in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year.

11.12. Employees who have concluded an Agreement for a period of up to two months are provided with paid vacations or are paid compensation upon dismissal at the rate of two working days per month of work.

11.13. At the written request of the employee unused vacations may be granted with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

11.14. For family reasons and others good reasons the employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the Employer.

11.15. If at a part-time job the duration of the annual paid leave is less than the duration of the leave at the main place of work, then the Employer, at the request of the employee, grants him unpaid leave of the appropriate duration.

11.16. Working on a part-time basis does not entail any restrictions for the employee on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

11.17. Preemptive right on annual leave in the summer or at any time convenient for them the following workers:

lone parents;

women with three or more children;

Workers who have received an industrial injury;

· any employees, if they have vouchers for treatment;

women before maternity leave or immediately after it;

· at the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work in the Company;

· part-time workers for combined work - simultaneously with the annual paid leave for the main job;

Other employees in cases stipulated by federal laws.

12. Pay

12.1. Payment of wages is made by the Employer twice a month in the following terms:

Advance payment of 30% (thirty percent) of salary, excluding income tax individuals- 20th day of the paid month;

· The rest of the salary - on the 10th day of the month following the paid one.

12.2. If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.

12.3. Payment of wages to an employee, social and other payments provided for by the legislation of the Russian Federation, is carried out by the Employer by transfer Money to the employee's bank account. The employer ensures the timely transfer of these payments to the employee's bank account in accordance with the requirements of the Labor Code and these Rules.

12.4. For the purpose of unhindered receipt of funds by the employee, the Employer, on the basis of an appropriate agreement with the bank, ensures the opening of an account for the employee in the bank, the issuance of a plastic bank card.

12.5. Payment for the annual basic paid leave is made no later than three days before its start.

12.6. An employee working on a combination basis or performing the duties of a temporarily absent employee without being released from his main job is paid an additional payment for combining professions (positions) or performing the duties of a temporarily absent employee.

12.7. The amount of the additional payment is established by agreement of the parties to the Agreement, taking into account the content and (or) volume of additional work, but not more than 30% of the salary of the absent employee.

12.8. During the period of suspension from work (non-admission to work), wages are not accrued to the employee, with the exception of cases provided for by the Labor Code or other federal laws.

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

12.10. Compensation for unused additional holidays is calculated on the basis of the proportionate hours worked by the Employee.

12.11. Remuneration systems, including the size of official salaries, additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and allowances of a stimulating nature and bonus systems, are established by local regulations in accordance with labor legislation and other regulatory legal acts. acts containing labor law norms.

12.12. For all cases of determining the size of the average wage (average earnings) provided for by labor legislation, a period for calculating the average wage is set equal to three calendar months preceding the period during which the employee retains the average wage. If the application of the specified calculation period worsens the position of employees in comparison with the procedure for calculating the average earnings determined by Article 139 of the Labor Code, the calculation of the average earnings is carried out in accordance with the norms of the Labor Code.

12.13. Other issues not set out in this article are regulated by the Regulations on remuneration, the Regulations on bonuses, the rules of which should not contradict general principles set out in this article.

13. Incentives for work

13.1. For the conscientious performance of their labor duties, continuous excellent work, innovation, initiative and other professional success, the Employer encourages the employee: announces gratitude, awards with a valuable gift, diploma, a cash bonus in accordance with the Regulations on bonuses.

13.2. Incentives are issued by order of the Employer. The order establishes for what kind of success in work the employee is encouraged, and also indicates the specific type of encouragement.

13.3. The order is announced to the employee against signature within three days from the date of publication.

13.4. Information about the award (encouragement) is entered in the work book of the employee.

13.5. Records of bonuses provided for by the wage system or paid on a regular basis are not entered in work books.

14. Disciplinary sanctions

14.1. For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the Employer has the right to apply the following disciplinary sanctions:

· remark;

reprimand;

Dismissal for appropriate reasons.

14.2. Before application disciplinary action The employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

14.3. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

14.4. The order (instruction) of the Employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its publication, not counting the time the employee was absent from work. If the employee refuses to get acquainted with the specified order (instruction) against signature, then an appropriate act is drawn up.

14.5. If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

14.6. An employee who appeared at work in a state of alcoholic, narcotic or other toxic intoxication, the supervisor structural unit or his deputies are obliged to suspend him from work (not allow him to work) for the entire period of time until the circumstances that were the basis for suspension from work or exclusion from work are eliminated.

14.7. The employer removes from work (does not allow to work) the employee in other cases provided for by the Labor Code, federal laws and other regulatory legal acts.

15. Liability
parties to labor relations

15.1. The liability of a party to an employment relationship is incurred for damage caused by it to the other party as a result of its culpable unlawful behavior (action or inaction), unless otherwise provided by labor legislation or other federal laws.

16. Liability of the Company to the employee

16.1. The employer bears material responsibility to the employee in the case and in the manner prescribed by the labor legislation of the Russian Federation.

16.2. The company that caused damage to the employee's property compensates for this damage in full. The amount of damage is calculated at market prices in force at the location of the Company on the day of compensation for damage. The employee's application for compensation for damage is sent by him to the Employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt.

16.3. If the Company violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the Company is obliged to pay them with interest ( monetary compensation) in the amount of one three hundredth of the current refinancing rate Central Bank the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive.

17. Liability of the employee

17.1. The employee is obliged to compensate the Company for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.

17.2. Direct actual damage is understood as a real decrease in the Company's cash property or deterioration in the condition of the said property (including the property of third parties held by the Company, if the Company is responsible for the safety of this property), as well as the need for the Company to incur costs or excessive payments for the acquisition or restoration of property.

17.3. The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the Company's failure to fulfill its obligation to ensure proper conditions for the storage of property entrusted to the employee.

17.4. The company has the right, taking into account the specific circumstances under which the damage was caused, whether to completely refuse to recover it from the guilty employee.

17.5. For the damage caused, the employee is liable within the limits of his average monthly earnings, unless otherwise provided by the Labor Code or other federal laws.

17.6. Liability in the full amount of the damage caused is assigned to the employee in the following cases:

when, in accordance with the Labor Code or other federal laws, an employee is assigned material liability in full for damage caused to the Employer in the performance of work duties by the employee;

shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

Intentional infliction of damage;

causing damage in a state of alcoholic, narcotic or other toxic intoxication;

causing damage as a result of the criminal actions of an employee established by a court verdict;

Causing damage as a result of an administrative offense, if such is established by the relevant government agency;

Disclosure of information constituting a legally protected secret (state, official, commercial or other), in cases provided for by federal laws;

causing damage not in the performance of work duties by the employee;

in other cases established by the legislation of the Russian Federation.

17.7. The full liability of the employee consists in his obligation to compensate for the damage caused in full.

17.8. Written contracts on full individual or collective liability, that is, on compensation to the Company of the damage caused in full for the lack of property entrusted to employees, is concluded with employees who have reached the age of eighteen years and directly serve or use monetary, commodity values ​​or other property.

17.9. When jointly performed by employees certain types work related to the storage, processing, sale (vacation), transportation, use or other use of the values ​​transferred to him, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, a collective (brigade) may be introduced material liability.

17.10. The amount of damage caused to the Company in the event of loss or damage to property is determined by actual losses calculated on the basis of market prices operating in the area on the day of the damage, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

17.11. Before making a decision on compensation for damages by specific employees, the Employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence. To conduct such an inspection, the Company has the right to establish a commission with the participation of relevant specialists.

17.12. Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.

17.13. The employee and (or) his representative have the right to get acquainted with all the materials of the audit and appeal them in the manner prescribed by the Labor Code.

17.14. Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the Employer. The order may be made no later than one month from the date of the final determination by the Company of the amount of damage caused by the employee.

17.15. If the one-month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the Company, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then the recovery is carried out in court.

17.16. An employee who is guilty of causing damage to the Company may voluntarily compensate for it in full or in part. By agreement of the parties to the Agreement, compensation for damage by installments is allowed. In this case, the employee submits to the Employer a written obligation to compensate for the damage, indicating specific payment terms. In case of dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

18. Final provisions

18.1. The employee is obliged to immediately notify the Employer writing about any changes in the information (data) about himself, indicated by him when applying for a job. These changes are documented in an appendix to the employment contract.

18.2. These Rules remain valid in case of changes in the composition, structure, name of the Company's management body.

Document type:

  • Rules

Keywords:

  • HR records management

1 -1

For each organization, the internal labor regulations are a mandatory normative act, developed taking into account the specifics of work and approved by the order of the head (Articles 189, 190 of the Labor Code of the Russian Federation). The existence of a document does not depend on the organizational legal form legal entity.

The rules state:

  • the procedure for hiring and firing employees;
  • fundamental rights, as well as duties and responsibilities of each of the parties to the employment contract;
  • the mode of work established in the organization, rest time;
  • the procedure for encouraging and collecting employees.

Law

When developing a local document on the organization that defines the labor schedule, one should adhere to the norms of the Labor Code of the Russian Federation. Permissible use standard forms for workers and employees, approved by the Decree of the USSR State Labor Committee dated 07/20/1984 No. 213, as amended in relation to this legislation and not contradicting the Labor Code.

The procedure for compiling the document does not have strict requirements, therefore, each organization has the right to independently prescribe all the parameters, taking into account the peculiarities of its activities. Only the rules of office work apply to the design.

Are PVTR mandatory for LLCs and sole proprietorships

The internal labor regulations are a document that must be followed by employers and employees. The authority to adopt the document is vested in organizations, regardless of their legal form, including LLCs and individual entrepreneurs.

However, amendments to Labor Code(Article 309.2 of the Labor Code of the Russian Federation) from January 1, 2017, employers - individual entrepreneurs classified as micro-enterprises, have been given the right to refuse, in whole or in part, from the adoption of local regulations in the labor sphere. They also include PVTR. The procedure for recognizing an individual entrepreneur as a micro-enterprise is established federal law No. 209-FZ Article 4 dated July 24, 2007.

In case of refusal to introduce PVTR individual entrepreneur is obliged to prescribe the rules governing labor and other relations, in labor agreements with workers.

Basic rules of the PWTR

The main parameters of the labor schedule and labor discipline are set out in article 189 of the Labor Code of the Russian Federation. It is they that must be adhered to when developing the rules of the WTR. At the same time, it is necessary to apply to the specifics of the work of the enterprise and corporate features. The law does not establish a strict form of the document, therefore the employer has the right to decide for himself in what composition and volume it will be developed and approved.

The main principles for compiling the document are as follows:

  1. The content of the rules should cover all aspects regarding the work and rest of employees, remuneration, rights and obligations of both parties to the employment contract.
  2. The general section may contain terms and their interpretation, which are used in the text of the rules.
  3. Additionally, in the section related to the procedure for the admission, transfer and dismissal of employees, a list of documents required for this may be specified. Please note that these requirements must be labor law and not be in conflict with other laws.
  4. Mandatory compliance of the rights and obligations of employees and the employer with current legislation. You should refer to articles 21 and 22 of the Labor Code and the norms approved by laws.
  5. Infringement of the rights of workers in the organization and the imposition of duties that can be regarded as unnecessary is unacceptable. To assess this, it is necessary to coordinate the internal labor regulations with the trade union cell.
  6. The procedure for remuneration of labor, as well as types of incentives, is established.
  7. The employer has the right to indicate the grounds for applying penalties, describe the procedure for their imposition, as well as the type in each specific case.
  8. The features of the organization's activities may be the traveling nature of the work associated with business trips. The procedure for sending, paying the corresponding expenses is prescribed in a separate paragraph.
  9. Additional payment information may be added. cellular communication, fuel, medical insurance and others provided to employees of an organization or a group of employees.
  10. Other parameters present in the institution, such as: dress code, access control, trade secrets, etc.


VTR Rules on Working Time and Rest Periods

A separate section in the Rules establishes the regime of work and rest. Its application is subject to the principles and specifics of the organization. The employer is obliged to formulate the time of work and rest in the Rules as accurately as possible.

  1. Be sure to indicate the mode of operation (the beginning and end of working hours or shifts, its duration and the number of shifts per day), the time for providing a lunch break. If due to a certain specialty or list of work it is required to provide additional breaks, they should also be contained in the text of the rules.
  2. The presence of an irregular working day on the basis of Article 101 of the Labor Code of the Russian Federation is documented. If it applies only to a number of positions, they are listed in the text.
  3. The days that are considered days off are indicated.
  4. The procedure for granting annual and additional paid holidays is established, specifying their duration. If the organization has a reason for granting and paying for additional holidays for a group of specialties, workers with irregular working days and other cases, this reason and the number of days are indicated.

When using an irregular working regime in an institution, all its conditions should be prescribed in the VTR rules. It will be necessary to keep records of hours worked in excess of the normal duration - this is a requirement of Article 91 of the Labor Code.

There are a number of categories of citizens to whom irregular working hours cannot be applied. Representatives of the trade union should pay attention to this when agreeing on the rules of the VTR. The categories are as follows:

  • minor children;
  • pregnant women;
  • workers with disabilities, etc.

But the time that is worked out in excess of the norm is not paid increased wages, but additional paid leave is provided. Its duration, according to Article 119 of the Labor Code, cannot be less than three days. The maximum limit is determined by the employer.

PVTR example 2019 with all changes in the Labor Code of the Russian Federation - sample

How to approve the PVTR

The rules are developed and approved by the employer, which follows from Article 190 of the Labor Code of the Russian Federation. Preliminary coordination with the personnel, legal services organizations and accounting. It is permissible to expand the list of coordinating structures at the discretion of the employer.

A representative body of employees (trade union committee) may be present at the enterprise, which must consider the draft PWTR until it is agreed upon and, if necessary, make its own amendments. They must respect the interests of employees, comply with the law and not violate the rights of the employer. Amendments and proposals are made in the form of written recommendations within five working days from the date of receipt of the draft Rules.

If the employer does not agree with the proposals introduced into the project by the trade union body, there is a need for additional consultations. In the absence of mutual understanding on any issue, a protocol of disagreements is drawn up. Then the employer can approve the PWTR in the form it considers necessary, and the trade union, in turn, can appeal this decision to the labor inspectorate or in court.

The internal labor regulations are a local regulatory act of the organization and are approved by order of the head. The order can be signed authorized person with the right of the first signature assigned to him by the relevant order or the Charter.


On title page the presence of the agreement of the primary trade union organization or an indication of its absence in the organization is mandatory.

The approved Rules must be communicated to each of the employees against signature. At the same time, it is recommended to keep a separate familiarization journal, where the date when the employee was familiarized and his personal signature will be present.

It is permissible to familiarize yourself with the labor schedule at the time of signing the employment contract, providing for agreement with the PWTR.

The employer of the Labor Code of the Russian Federation is obliged to bring the requirements of the Rules to newly hired employees.

How to make changes to the BTR rules

All changes to the Rules are made in agreement with the trade union cell, if the employer has one. In this case, the approval takes place according to the rules relating to the initial approval.

The Labor Code does not establish a strict procedure for amending the PWTR, therefore the employer must himself control the process of their formation and approval. Let's consider two options:

  1. The rules are approved as a local act of the organization. Then all changes occur according to the principle of initial agreement: taking into account the opinion of the trade union committee on the project.
  2. The rules are integral part collective agreement. All changes and additions take place in the manner prescribed by Article 44 of the Labor Code.

Significant changes relating to working conditions must be communicated to employees against signature no later than two months before the changes come into force.

Approval of new PWTR is mandatory by order of the head of the organization or an authorized person.

Mandatory availability this document set out in All-Russian classifier management documentation, approved by the Decree of the State Standard of the Russian Federation of December 30, 1993 No. 299 (OK 011-93, class 02000000, code designation 0252131).

What should the internal regulations contain?

It is possible on the same day, but before the official documentary reception. Everything else is the employer's creativity.

Option One - Journal or Registry

The employee confirms the fact of his acquaintance with a signature in a special journal or register.

Option two - a receipt

The employee writes a receipt in which he indicates that he is familiar with the requirements of this local regulatory act and undertakes to comply with them (recommended). This receipt is filed in a personal file or file of an employee, if necessary, is extracted to confirm the fact of familiarization.

What will be the violation

Compliance with the requirements of the employer's local regulations, including the internal labor regulations (2019), is the obligation of the employee, set out in article 21 of the Labor Code of the Russian Federation.

Therefore, if an employee is late, absenteeism, or commits other violations provided for by the rules, the employer has the right to take measures against him:

  • disciplinary action, up to dismissal;
  • economic nature.

And he can apply them in a complex way (if the regulation on remuneration contains relevant clauses that allow bonuses and other payments, with the exception of the salary part, to be considered incentive payments).

Naturally, before applying a disciplinary sanction, the employer must follow the procedure established by Article 193 of the Labor Code of the Russian Federation: request written explanations and issue an appropriate regulatory document.


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