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Internal labor regulations - concept

Article 189 of the Labor Code of the Russian Federation establishes that internal labor regulations is a local normative act that regulates in accordance with this Code and other federal laws the procedure for hiring and dismissal of employees, the basic rights, duties and responsibilities of the parties employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations with this employer.

Based on the provisions of Article 189 of the Labor Code of the Russian Federation, the internal labor regulations are a local regulatory act that every employer should have.

PVTR can be an annex to the collective agreement, but I strongly do not recommend doing so.

In addition to those specified in Article 189 of the Labor Code of the Russian Federation, the legislator has not established other requirements for the content of the PWTR. I bring to your attention a sample of the PWTR, which most fully covers all issues of labor relations:

Internal labor regulations
(sample)

(in accordance with the requirements of the legislation in force on 01/15/2016)

1. General Provisions

1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor schedule in the Odnodnevka Limited Liability Company (hereinafter referred to as the Company) and regulate the procedure for hiring, transferring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, time rest, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the Company.

1.2. The Rules are a local normative act developed and approved in accordance with the labor legislation of the Russian Federation and the Charter of the Company in order to strengthen labor discipline, efficient organization of labor, rational use of working time, ensuring high quality and labor productivity of the Company's employees.

1.3. The following concepts are used in the Rules:

Employer - Limited Liability Company "Odnodnevka";

Employee - individual who has entered into an employment relationship with the Employer on the basis of an employment contract and on other grounds provided for in Art. 16 Labor Code of the Russian Federation;

Note: quite often an employee in an employment contract and local regulations is called employee, which is erroneous and may lead to the recognition of the employment contract as not concluded, because. according to article 20 of the Labor Code of the Russian Federation, the parties to labor relations are the employee and the employer. The employee is not a party to labor relations, because there is no such concept in the Labor Code of the Russian Federation.

labor discipline- obligatory obedience for all employees to the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, labor contract, local regulations of the Employer.

1.4. The Rules apply to all employees of the Company.

1.5. Changes and additions to the Rules are developed and approved by the Employer, taking into account the opinion of the representative body of employees.

1.6. The official representative of the Employer is the General Director.

1.7. Labor duties and rights of employees are specified in labor contracts and job descriptions, which are an integral part of labor contracts.

2. Procedure for hiring employees

2.1. Employees exercise their right to work by concluding a written labor contract.

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

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

a document on education and (or) on qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training.

The conclusion of an employment contract without the presentation of these documents is not carried out.

2.4. If the employment contract is concluded for the first time, the work book and the insurance certificate of the state pension insurance are issued by the Employer.

2.5. In the absence of a person applying for a job, work book in connection with 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.

create associations of employers in order to represent and protect their interests and join them;

to exercise the rights provided for by the legislation on special evaluation working conditions;

access to the employee's postal, electronic and other correspondence, as well as all working documentation at the disposal of the employee (including those stored on the employee's personal computer);

exercise other rights granted to him in accordance with labor legislation.

5.2. The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement (if any), agreements and employment contracts;

provide employees with work stipulated by the employment contract;

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

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

provide workers with equal pay for work of equal value;

keep records of the time actually worked by each employee;

pay in full the wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), labor contracts;

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

provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

to acquaint employees under signature with the adopted local regulations directly related to their work activities;

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 (if any);

provide for the everyday needs of employees related to the performance of their labor duties;

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

The employer is obliged to establish an incomplete working time at the request of workers to the following categories of workers:

• pregnant women;

  one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);

  a person caring for a sick family member in accordance with a medical certificate issued in the prescribed manner;

  a woman on parental leave until the child reaches the age of three, the child's father, grandmother, grandfather, other relative or guardian who is actually caring for the child and who wishes to work part-time while retaining the right to receive benefits.

7.4. The maximum duration of daily work is provided for the following persons:

employees aged 15 to 16 - five hours;

employees aged 16 to 18 - seven hours;

students who combine study with work:

from 14 to 16 years old - two and a half hours;

from 16 to 18 years old - four hours;

disabled people - in accordance with the medical report.

7.5. For part-time workers, the working day should not exceed four hours a day.

7.5.1. If the Employee at the main place of work is free from the performance of labor duties, he can work part-time full-time. Working hours during one month (another accounting period) when working part-time should not exceed half of the monthly norm of working hours established for the relevant category of employees.

7.5.2. The restrictions on the duration of working hours specified in paragraphs 7.5 and 7.5.1 when working part-time do not apply in the following cases:

if the Employee has suspended work at the main place of work due to a delay in payment wages;

if the Employee is suspended from work at the main place of work in accordance with a medical report.

7.7. The Employer has the right to engage the Employee to work outside the working hours established for this Employee in the following cases:

if necessary, perform overtime work;

if the Employee works on an irregular working day.

7.7.1. Overtime work- work performed by the Employee at the initiative of the employer outside the working hours established for the Employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period. The Employer is obliged to obtain the written consent of the Employee to involve him in overtime work .

The Employer has the right to involve the Employee in overtime work without his consent in the following cases:

in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

in the performance of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;

in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it.

7.7.2. Irregular working hours- a special regime in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them.

The condition on the regime of irregular working hours is necessarily included in the employment contract. The list of positions of employees with irregular working hours is established by the Regulations on irregular working hours.

7.8. The employer keeps track of the time actually worked by each employee in the time sheet.

8. Rest time

8.1. Time relax- the time during which the Employee is free from the performance of labor duties and which he can use at his own discretion.

8.2. The types of rest periods are:

breaks during the working day (shift);

daily (between shifts) rest;

8.3. Employees are provided with the following rest periods:

a break for rest and meals lasting one hour from 13.00 to 14.00 during the working day;

two days off - Saturday, Sunday;

non-working holidays:

annual leave with the preservation of the place of work (position) and average earnings.

For employees, the terms of the employment contract may establish other days off, as well as another time for providing a break for rest and meals.

8.4. Employees are provided with an annual basic paid leave of 28 (twenty eight) calendar days. By agreement between the Employee and the Employer, annual paid leave may be divided into parts. At the same time, the duration of at least one part of the vacation must be at least 14 calendar days.

8.4.1. The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months.

8.4.2. The employer must grant annual paid leave before the expiration of six months of continuous work, at their request, to the following categories of employees:

women - before maternity leave or immediately after it;

employees under the age of eighteen;

employees who have adopted a child (children) under the age of three months;

part-time workers simultaneously with annual paid leave at the main place of work;

in other cases stipulated by federal laws.

8.4.3. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the vacation schedule. The vacation schedule is approved by the Employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner prescribed by the Labor Code of the Russian Federation.

8.4.4. For certain categories of employees, in cases provided for by the Labor Code of the Russian Federation and other federal laws, annual paid leave is granted at their request at a time convenient for them. These categories include:

military spouses;

citizens who have received a total (cumulative) effective radiation dose exceeding 25 cSv (rem);

Heroes of Socialist Labor, Heroes of Labor Russian Federation and full holders of the Order of Labor Glory;

honorary donors of Russia;

Heroes of the Soviet Union, Heroes of Russia, holders of the Order of Glory;

husbands whose wives are on maternity leave.

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

8.6. If the Employee wishes to use the annual paid leave in a period different from the period provided for in the vacation schedule, the Employee is obliged to notify the Employer about this in writing no later than two weeks before the expected vacation. Changes in the terms of granting leave in this case are made by agreement of the parties.

8.7. For family reasons and other valid 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.

The Employer is obliged, on the basis of a written application of the Employee, to provide unpaid leave:

participants of the Great Patriotic War - up to 35 calendar days a year;

working old-age pensioners (by age) - up to 14 calendar days a year;

parents and wives (husbands) of military personnel, employees of the internal affairs bodies, the federal fire service, authorities for controlling the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system who died or died as a result of injury, concussion or injury, received in the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

9.1.1. The amount of salary is determined on the basis of staffing Society.

9.2. An employee may be paid a bonus in the amount of up to 50 percent of the salary, subject to the conditions and procedure established by the Regulations on Remuneration.

9.3. Employees who have a reduced working time are paid in the amount provided for normal working hours, with the exception of employees under the age of 18.

Employees under the age of 18 are paid for reduced hours of work.

9.4. In the event that part-time work is established for the Employee, remuneration is made in proportion to the time worked by him.

9.5. Employees for whom the condition of the traveling nature of work is fixed in the employment contract, transportation costs are compensated in the manner and on the conditions determined by the Regulations on wages.

9.6. Wages are paid to employees every half a month: on the 5th and 20th of each month: on the 20th, the first part of the Employee's salary for the current month is paid in the amount of at least 50 percent of the official salary; On the 5th day of the month following the settlement month, a full settlement is made with the Employee.

If the day of payment coincides with a day off or non-working holiday, payment of wages is made before the onset of these days. Payment for vacation time is made no later than three days before the start of the vacation.

9.7. Payment of wages is made in the currency of the Russian Federation at the cash desk of the Company.

Wages can be paid in non-cash monetary form by listing it on specified by the Employee current account, if the terms of transfer are specified in the employment contract.

9.8. The Employer transfers taxes from the Employee's salary in the amount and in the manner prescribed by the current legislation of the Russian Federation.

9.9. 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 of the Russian Federation or other federal laws. Such cases include suspension from work:

• due to tuberculosis. For the period of suspension, employees receive a state social insurance allowance;

  due to the fact that the person is a carrier of pathogens of an infectious disease and may be a source of the spread of an infectious disease if the Employee cannot be transferred to another job. For the period of suspension, such workers are paid social security benefits;

  in connection with the failure to undergo training and testing of knowledge and skills in the field of labor protection. Payment during the period of suspension is made as for simple;

  in connection with the failure to pass the mandatory preliminary or periodic medical examination through no fault of the worker. In this case, payment is made for the entire time of suspension from work as for downtime.

10. Incentives for work

10.1. To encourage employees who conscientiously perform their labor duties, for long and perfect work at the enterprise and other successes in work, the Employer applies the following types of incentives:

gratitude announcement;

rewarding with a valuable gift;

awarding an honorary diploma.

The amount of the bonus is set within the limits provided by the Regulations on remuneration.

10.2. Incentives are announced in the order (instruction) of the Employer and brought to the attention of the entire workforce. It is allowed to use several types of rewards at the same time.

11. Liability of the parties

11.1. Employee Responsibility:

11.1.1. For the commission by the Employee of a disciplinary offense, i.e. failure to perform or improper performance by the Employee through his fault of the labor duties assigned to him, the Employer has the right to bring the Employee to disciplinary liability.

11.1.2. The employer has the right to apply the following disciplinary sanctions:

comment;

• dismissal on the relevant grounds provided for by the Labor Code of the Russian Federation.

11.1.3. For each disciplinary offense, only one disciplinary sanction may be applied. When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

11.1.4. Before applying a disciplinary sanction, 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. Failure to provide an explanation by the Employee is not an obstacle to the application of a disciplinary sanction.

11.1.5. A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of the Employee's illness, his/her vacation, as well as the time necessary to take into account the opinion of the employees' representative body. A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

11.1.6. The order (instruction) of the Employer on the application of a disciplinary sanction is announced to the Employee against signature within three working days from the date of its issuance, 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 an appropriate act is drawn up.

11.1.7. A disciplinary sanction may be appealed by the Employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

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

11.1.9. 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, at the request of his immediate supervisor or a representative body of employees.

11.1.10. During the period of validity of the disciplinary sanction, the incentive measures specified in clause 10.1 of the Rules are not applied to the Employee.

11.1.11. The Employer has the right to hold the Employee liable in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws.

11.1.12. An employment contract or written agreements attached to it may specify the liability of the parties to this contract.

11.1.13. Termination of the employment contract after causing damage does not entail the release of the Employee from liability under the Labor Code of the Russian Federation or other federal laws.

11.1.14. The material liability of the Employee occurs in the event that he causes damage to the Employer as a result of guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

11.1.15. An employee who has caused direct actual damage to the Employer is obliged to compensate him. Lost income (lost profit) is not subject to recovery from the Employee.

11.1.16. The employee is released from material liability if the damage occurred as a result of:

normal economic risk;

emergency or necessary defense;

non-fulfillment by the Employer of the obligation to ensure proper conditions for the storage of property entrusted to the Employee.

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

11.1.18. In cases provided for by the Labor Code of the Russian Federation or other federal laws, the Employee may be held liable in full for the damage caused. The full liability of the Employee consists in his obligation to compensate the direct actual damage caused to the Employer in full.

11.2.7. If the Employer violates the established deadline for paying wages, vacation pay, dismissal payments and (or) other payments due to the Employee, the Employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the refinancing rate of the Central Bank of 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 up to the day of actual settlement inclusive.

One of the documents regulating labor relations with the employer (in accordance with the law) is the internal labor regulations (PWTR). For example, with the help of rules, the organization determines the labor regime, internal work schedule, the procedure for applying incentives and penalties to employees, establishes the rights, obligations and responsibilities of the parties, as well as other working conditions.

PVTR are developed and compiled by the organization independently (based on the specifics of work) by the personnel or legal service of the enterprise and may be an annex to the collective agreement. Exist normative base assisting in the development of PWTR. Since this document refers to organizational and administrative, its execution is regulated by the requirements established by GOST R 6.30-2003.

Usually, the title page to the internal regulations is not drawn up. The first sheet of rules should contain a heading with the image of the logo, the full name of the organization (in some cases, it is allowed to indicate the abbreviated name if it is enshrined in the charter), as well as the title of the document - in capital letters. If the developed labor regulations are an annex to the collective agreement, then a corresponding mark is made at the top.

In the upper right corner, the stamp of approval of the rules is drawn up. For example, APPROVE General director FULL NAME. Date of.

The date of drawing up the rules is the date of their approval.

Let us remind you once again that the PWTR should reflect the specifics of the organization's work and identify as many typical situations as possible that arise in the course of work.

It is forbidden to prescribe conditions that worsen the position of employees in the internal rules.

The developed set of rules must necessarily go through the stage of coordination with other departments of the organization, as well as with representatives of the trade union committee, and only after that they are approved by the head.

It is necessary to familiarize all employees with the approved schedule against receipt. Thus, the organization's PWTR should be posted in a conspicuous place and available for reading at any time.

The content of the PWTR is usually developed on the basis of documents regulating the activities of an enterprise in the field of human resources management, as well as model (exemplary) rules. Recommended document structure:

1. General provisions- the purpose of the rules and their application, to whom they apply, in which cases they are revised and other general information.
2. The procedure for hiring and dismissing employees- a description of the procedure for registering the admission and dismissal of employees, the actions of the organization when transferring an employee to another job, the conditions and duration of the probationary period, a list of required documents.
3. Basic rights and obligations of employees(based on Article 21 of the Labor Code of the Russian Federation).
4. Basic rights and obligations of the employer(based on Article 22 of the Labor Code of the Russian Federation).
5. Working time- the time of the beginning and end of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day; a list of positions of employees with irregular working hours, if any; place and date of payment of wages.
6. Time relax- the time of the lunch break and its duration; special breaks for certain categories of workers (for example, loaders, janitors, builders working outdoors during the cold season), as well as a list of jobs in which they are employed; days off (if the organization works on a five-day working week, then the rules should indicate which day, except Sunday, will be a day off); the duration and grounds for granting additional annual paid leave.
7. - the procedure for applying measures of moral and material incentives.
8. Responsibility of employees for violation of discipline- a description of the procedure for applying disciplinary measures, types of penalties and specific violations of labor discipline that may result in punishment.
9. Final provisions- includes clauses on the mandatory implementation of the rules and the procedure for resolving disputes over labor relations.

The STRP may also include other sections, such as "Confidential information", "Access and intra-object mode".

"Personnel issue", 2011, N 9

PROCEDURE FOR APPROVAL OF THE RULES OF THE INTERNAL LABOR REGULATION

Compliance with the internal labor regulations by the employee is one of the main signs of labor relations. The official definition of the concept of "employment contract" emphasizes that the employee undertakes to comply with the internal labor regulations that apply to the employer. Therefore, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee with these rules against signature. Read more about this in the material presented.

The internal labor regulations are a local regulatory act that regulates, in accordance with the Labor Code of the Russian Federation (hereinafter referred to as 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 time, incentives and penalties applied to employees, as well as other issues of regulating labor relations with this employer.

In accordance with Art. 190 of the Labor Code of the Russian Federation, the internal labor regulations are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. The internal labor regulations of the organization, as a rule, are an annex to the collective agreement.

According to Art. 372 of the Labor Code of the Russian Federation, the internal labor regulations must be considered by the representative body of the employees of the organization (trade union committee, council of the labor collective, general meeting employees of the organization). To do this, before making a decision, the employer sends the draft local normative act 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.

The elected body of the trade union primary organization in accordance with Part. 2 Article. 372 of the Labor Code of the Russian Federation is obliged, no later than five working days from the date of receipt of the draft of the specified local regulatory act, to send the employer a reasoned opinion on the project in writing.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer has the right to make the proposed changes (additions) to the text of the draft and approve these rules, or within three days after receiving the conclusion must organize and conduct additional consultations on the consideration of the proposed changes and additions. If the parties do not reach an agreement on any provisions of the draft internal labor regulations, then a protocol of disagreements is drawn up. Regardless of whether all the disagreements of the parties to the labor relations are agreed or not, the employer has the right to approve the internal labor regulations.

Upon receipt of a complaint (application) from an elected body of a primary trade union organization, the State Labor Inspectorate is obliged to conduct an inspection within a month and, if a violation is detected, issue an order to the employer to cancel the adopted internal labor regulations, which is mandatory (part 5 of article 372 of the Labor Code of the Russian Federation).

Internal labor regulations are usually developed by the legal or personnel department of the organization, as well as by their joint interaction.

It is recommended to include the following sections in the internal labor regulations:

1) general provisions(contain general provisions on the operation of the internal labor regulations: to which circle of subjects they apply, in what cases they are revised, the procedure for their approval, entry into force, etc.);

2) the procedure for hiring, transferring and dismissing employees (the documents that the employer requires when hiring (Article 65 of the Labor Code of the Russian Federation), the procedure for registering the admission, transfer and dismissal of an employee are indicated);

3) the basic rights and obligations of the employer (based on Article 22 of the Labor Code of the Russian Federation). The employer must properly organize the work of employees, create healthy and safe working conditions, constantly improve the wage system, monitor compliance with labor discipline, provide employees with guarantees and compensation, etc.;

4) basic rights and obligations of employees (based on Article 21 of the Labor Code of the Russian Federation). The employee is obliged to conscientiously fulfill his labor duties, observe labor discipline, follow the instructions of the management in a timely and accurate manner, observe safety precautions, keep the workplace in order, behave correctly and politely, and the like;

5) working hours and rest time. Includes:

The time of the beginning and end of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day (based on Article 100 of the Labor Code of the Russian Federation);

The time of the lunch break and its duration (based on Article 108 of the Labor Code of the Russian Federation);

The duration and procedure for providing special breaks for certain categories of workers (for example, loaders, janitors, builders working outdoors in the cold season), as well as a list of works for which special breaks are provided (based on Article 109 of the Labor Code of the Russian Federation);

The list of positions of employees with irregular working hours, if there are any in the organization (based on Article 101 of the Labor Code of the Russian Federation);

Days off (based on Article 111 of the Labor Code of the Russian Federation) - if the organization works on a five-day working week, then the rules must specify which day, except Sunday, will be a day off;

Duration and grounds for granting additional annual paid holidays (based on Article 116 of the Labor Code of the Russian Federation);

Place and timing of salary payment (based on Article 136 of the Labor Code of the Russian Federation);

6) incentives for work (based on Article 191 of the Labor Code of the Russian Federation). Specific types of incentives are indicated, for example, the issuance of a prize, the awarding of a valuable gift, placement on the board of honor, the assignment of various titles, and the like;

7) responsibility for violation of labor discipline (this section describes the procedure for imposing and removing disciplinary sanctions, types of penalties and specific violations of labor discipline that may result in punishment).

All employees employed by this employer should be familiar with the internal labor regulations. It is recommended to place the internal labor regulations in a conspicuous place in the room where this employee is to work, or a copy of them should be attached to the employment contract, or the employment contract should contain the mark "Familiar with the internal labor regulations."

The procedure for issuing internal labor regulations is determined by the fact that they are part of the system of organizational and administrative documentation and they are subject to the requirements for paperwork established by GOST R 6.30-2003, approved by the Decree of the State Standard of Russia dated March 3, 2003 N 65-st " On the adoption and implementation of the state standard of the Russian Federation".

APPROVE

name of the position of the head of the organization

Personal signature Signature transcript

Name of company

RULES OF THE INTERNAL WORK REGULATION

"__" ___________________ g. N ___

Place where the document was made

Supervisor personnel service Personal signature Signature transcript

(writer)

Approval visas (at the discretion of the employer)

AGREED

Minutes of the meeting of the trade union committee

from "__" ______________ g. N __

The internal labor regulations are a mandatory organizational and legal document, the existence of which is expressly provided for by the Labor Code of the Russian Federation. Its absence is a violation of labor laws. An organization can be held administratively liable and fined in the amount of 30 to 50 thousand rubles. or suspend activities for up to 90 days. Officials face a fine of 1,000 to 5,000 rubles. (Part 1, Article 5.27 of the Code of the Russian Federation on Administrative Offenses).

Journal Expert

Signed for print

The internal labor regulations are a mandatory local regulatory act of the organization, which contains all the information about how the work of the workforce is organized, on what principles relationships with employees are built. Such a personnel document should regulate the procedure for hiring and dismissal, scheduling vacations, wages, bonuses and punishment for misconduct - all the main points in the life of an organization.

Each organization, in accordance with the requirements of the law, must have several internal regulations that regulate the general procedure in one direction. If in accounting it is an accounting policy, then in personnel it is the rules of internal labor regulations. All employers, regardless of their form and status, must have this document (yes, IP is also needed), according to Article 189 of the Labor Code of the Russian Federation. Since many issues that actually cover the entire cycle of the organization's working life fall under the regulation of such rules at once, the rules always include many pages and sections. The employer will have to draw it up on his own, preferably at the very beginning of the activity, because the internal labor schedule of the organization (sample 2019), which we will consider below, is approved already before hiring the first employees.

Model internal regulations

Legislators took care of employers and developed a sample of the internal regulations of the enterprise, which was approved Decree of the USSR State Committee for Labor dated 20.07.1984 No. 213, that is, back in the Soviet Union and more than 30 years ago. It is obvious that it is almost impossible to use these rules in modern conditions. Theoretically, they can be taken as a basis, because if the requirements of the legislation have changed significantly, then the general principles of approach to this issue do not depend on time. In any case, each company should independently think about how to formulate this important document, taking into account the specifics of their work, the wishes of the owners and the opinion of the workers' trade union. Yes exactly. The internal labor regulations must be agreed with the trade union committee, and this agreement is drawn up in a protocol and placed on the title page of the local regulatory act. In addition, this important document must be approved by the head of the organization or individual entrepreneur personally.

What sections should be included in the labor regulations

In fact, the internal regulatory act of a single company in this case should duplicate in miniature a large Labor Code the whole country. Labor regulations should include the following sections, closely related to the articles of the Labor Code:

• the procedure for hiring employees;
• the procedure for dismissal of employees;
• working hours and rest periods;
• basic rights and obligations of the employer;
• basic rights and obligations of employees;
• the responsibility of the employer;
• responsibility of employees;
• the procedure for remuneration;
• incentives and penalties;
• other issues of regulation of labor relations (you can write in the document the requirements for the appearance of employees, the so-called dress code, as well as restrictions on the use of personal phones during business hours, etc.).

If the employer accidentally forgets and does not include in the labor regulations, a sample of which we will consider below, any important section that regulates the corresponding section in the Labor Code, then when checked by the State Labor Inspectorate, this fact will lead to the issuance of an order, since this is a violation. Therefore, when forming a document, one should not miss any of the fundamental articles of the Labor Code, however, it is not worth rewriting half of the code verbatim into these rules either. It is important to remember the main thing: none of the requirements of the company's internal labor regulations can worsen the position of employees, in comparison with the norms established by Russian labor legislation. In this case, it works, which simply cancels such requirements.

What should not be included in the internal labor regulations

Before proceeding to the drafting of the rules, it is necessary to remember what does not need to be included in the internal labor regulations of the organization (a sample of 2019 can be seen below). First of all, this local act should contain the general working conditions in a particular company and the general requirements of its management for employees, since article 21 of the Labor Code of the Russian Federation It is expressly provided that every employed citizen is obliged to comply with the discipline and internal labor regulations of the enterprise where he works. Therefore, the rules should be of a general nature, applicable to absolutely every employee: from the cleaner to the heads of departments. There should not be any personal requirements in it. This means that everything official duties, requirements for jobs and features of the functioning of individuals should be spelled out in other documents, which, in particular, include employment contracts, job descriptions and other agreements. There is no place in the general rules for such requirements.

Acceptance and approval procedures

First, the approval of the trade union (if any) should be obtained, since its participation in this matter is mandatory. And then indicate the data of the protocol of the trade union meeting.

The labor regulations should be approved by a separate order for the organization.

All already working employees need to be familiarized with the new document under the signature: to fix the familiarization, you can use a special register or familiarization log. It is also important in the future to issue rules for careful study by new employees when they apply for a job. They must also acknowledge that they have read and understood the document by signing the familiarization log. regulates to do this even before the conclusion of an employment contract and the issuance of an order for employment.

The internal regulations of the enterprise: the content of the sections

As mentioned above, this is a very voluminous document, which must take into account the requirements of labor legislation. Some of its paragraphs may cover general rules, while others may be more specific. Let us analyze in more detail how this act should look like and what should not be forgotten in each of its sections. The title page must contain the full name of the organization and its abbreviated version, it must contain the visa of the head of the approval of the document with the date. This order is defined article 190 of the Labor Code of the Russian Federation.

Disciplinary action

The Internal Labor Regulations can include a complete list of violations of discipline in the workplace, which, according to the norms article 81 of the Labor Code of the Russian Federation, can lead to dismissal (absenteeism, drunkenness during working hours, hooliganism, etc.). You can even specify the rules that are not disclosed in the code, for example, indicate what misconduct will lead to the dismissal of employees holding certain positions. Can be used as an argument Supreme Court set out in paragraph 49 Decrees of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2, where as a gross violation on the part of the head, the judges cited his failure to fulfill his duties, in connection with which harm was caused to the health of employees or property damage was caused to the company.

Working time

In the "Working time" section of the labor regulations, you should describe in detail the mode of work and rest at the enterprise, including the length of the working day, week, and even lunch breaks. It should look something like this:

For employees with normal working hours, the following working hours are established:

• five-day work week with two days off - Saturday and Sunday;
• the duration of daily work is 8 hours;
• start time - 9.00, end time - 18.00;
• break for rest and meals lasting one hour from 13.00 to 14.00. This break is not included in working hours and is not paid.

In the same section, all weekends and holidays must be brought in accordance with the production calendar, which is approved by the Government. If the company works according to a special schedule within the framework of the Labor Code, this must also be described in detail in this section.

Guarantees and compensation

It is allowed to indicate individual features in other sections. For example, in the section "Guarantees and compensations" you can give a specific amount of compensation for delayed wages, which the employer is obliged to pay in accordance with article 236 of the Labor Code of the Russian Federation. After all, if this size turns out to be higher than the generally established one, this may raise questions from regulatory authorities, in particular the Federal Tax Service. It is impossible to pay less than the minimum wage, even if this is written into the internal labor regulations.

Validity and amendments

There is no statutory period of validity of internal regulations - the organization has the right to establish it independently, for example, for 5 years, and if after the five-year period no significant changes have occurred in the life of the organization, as well as in labor legislation, you can extend the local act by order of the head.

But sometimes changes need to be made. This may be if:

• there have been changes in the law, for example, increasing the level of labor guarantees for employees - in this case, the labor regulations must be brought into line with the law;
• changes have occurred in the organization - say, working conditions have changed significantly, the structure of the organization has been updated.

Then the internal labor regulations need to be revised. The adjustment procedure is similar to the procedure for adopting a new document (the opinion of trade unions, an order from management and familiarization of employees with the updated document are required).

The main thing that the compilers of this regulatory act should not forget is that the more details are written in it, the less contentious issues and disagreements can arise both with the labor collective and with regulatory authorities.

One of the documents regulating labor relations with the employer (in accordance with the law) is the internal labor regulations (PWTR). For example, with the help of rules, the organization determines the labor regime, internal work schedule, the procedure for applying incentives and penalties to employees, establishes the rights, obligations and responsibilities of the parties to the employment contract, as well as other working conditions.

PVTR are developed and compiled by the organization independently (based on the specifics of work) by the personnel or legal service of the enterprise and may be an annex to the collective agreement. There is a regulatory framework that helps in the development of PWTR. Since this document refers to organizational and administrative, its execution is regulated by the requirements established by GOST R 6.30-2003.

Usually, the title page to the internal regulations is not drawn up. The first sheet of rules should contain a heading with the image of the logo, the full name of the organization (in some cases, it is allowed to indicate the abbreviated name if it is enshrined in the charter), as well as the title of the document - in capital letters. If the developed labor regulations are an annex to the collective agreement, then a corresponding mark is made at the top.

In the upper right corner, the stamp of approval of the rules is drawn up. For example, I APPROVE General Director Full name Date of.

The date of drawing up the rules is the date of their approval.

Let us remind you once again that the PWTR should reflect the specifics of the organization's work and identify as many typical situations as possible that arise in the course of work.

It is forbidden to prescribe conditions that worsen the position of employees in the internal rules.

The developed set of rules must necessarily go through the stage of coordination with other departments of the organization, as well as with representatives of the trade union committee, and only after that they are approved by the head.

It is necessary to familiarize all employees with the approved schedule against receipt. Thus, the organization's PWTR should be posted in a conspicuous place and available for reading at any time.

General provisions - the purpose of the rules and their application, to whom they apply, in what cases other general information is reviewed.
The procedure for hiring and dismissing employees - a description of the procedure for registering the hiring and dismissal of employees, the organization's actions when transferring an employee to another job, the conditions and duration of the probationary period, a list of required documents.
Basic rights and obligations of employees (based on Article 21 of the Labor Code of the Russian Federation).
Basic rights and obligations of the employer (based on Article 22 of the Labor Code of the Russian Federation).
Working hours - the time of the beginning and end of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day; a list of positions of employees with irregular working hours, if any; place and date of payment of wages.
Rest time - the time of the lunch break and its duration; special breaks for certain categories of workers (for example, loaders, janitors, builders working outdoors during the cold season), as well as a list of jobs in which they are employed; days off (if the organization works on a five-day working week, then the rules should indicate which day, except Sunday, will be a day off); the duration and grounds for granting additional annual paid leave.
Incentives for employees - 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 sanctions and specific violations of labor discipline that may result in punishment.
Final provisions - includes clauses on the mandatory implementation of the rules and the procedure for resolving disputes over labor relations.
The STRP may also include other sections, such as "Confidential information", "Access and intra-object mode".

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