Are the internal labor regulations. Inner order rules
Rest time, incentives and penalties applied to employees, etc.
As a rule, local regulations are approved at the enterprise by order or order of its head. According to Art. 190 Labor Code of the Russian Federation Rules of internal labor routine(hereinafter - the VTR Rules) are approved taking into account the opinion of the representative body of employees, if such a body exists in the organization.
The Labor Code of the Russian Federation does not clearly define the procedure for making changes and additions to the Rules of the VTR. Therefore, here one should resort to such a method of eliminating gaps in the legislation as “an analogy of the law”. That is, the VTR Rules are changed in the same order as they are adopted. And here two development options are possible.
Option 1. The VTR rules are accepted in the organization as an independent local normative act. In this case, they are approved, as well as supplemented and changed in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation. So, the employer also sends a rationale for it to the elected body of the primary organization. A reasoned opinion on the written form is submitted to the employer no later than five working days from the date of receipt of the project.
In case of disagreement of the trade union body with the draft amendments to the VTR Rules, the employer may agree to the variant of changes proposed by this body or conduct additional consultations with the elected body of the primary trade union organization of workers in order to reach a mutually acceptable solution.
All disagreements are documented in a protocol, but even if they exist, the head of the organization has the right to accept changes to the Rules of the VTR, which can be appealed by the elected body of the primary trade union organization to the relevant state inspection, to the court or to start the procedure of a collective labor dispute in the manner prescribed by this Code.
Option 2. If the VTR Rules are an annex to the collective agreement (are part of it), then they must be changed and supplemented in the manner changes and additions to the collective agreement (Article 44 of the Labor Code of the Russian Federation).
note
The absence of an elected representative body of employees at the enterprise is not an obstacle to the approval of the VTR Rules and, if necessary, their additions and changes.
Helpful advice
If changes in the VTR Rules entail changes in the terms of the employment contract, then the employees of the enterprise must be warned about this at least 2 months before these changes come into force (Articles 72.74 of the Labor Code of the Russian Federation).
Sources:
- amendments to the internal labor regulations
Tip 2: How to make changes to the house rules
Rules of the internal routine- this is a normative act regulating the relationship between the employer and the employee in accordance with the provisions of Article 190 of the Labor Code of the Russian Federation, the collective labor agreement and the Charter of the company. The document is developed by the administration of the enterprise together with the trade union organization or other representative body of the labor collective. The rules regulate the norms of remuneration and labor protection, labor regime, discipline, guarantees and compensations for employees of the enterprise. Making changes to the rules of internal routine may take place at the initiative of the employer in accordance with Art. 74 of the Labor Code of the Russian Federation, but in most cases the order changes rules does not differ from the order of adoption. The reason may be a change in technological or organizational working conditions and, as a result, the inability of the parties to comply with the terms of the employment contract.
Instruction
Prepare and endorse a new version of the Internal Regulations routine by the time the changes come into effect.
note
If the Rules were accepted as part of a collective labor agreement, then the procedure for changing them is regulated by Art. 44 of the Labor Code of the Russian Federation. If they were adopted as an independent normative act, then Art. 372 of the Labor Code of the Russian Federation, which requires the coordination of changes with the representative body of the employees of the enterprise.
Helpful advice
Common mistakes in drafting changes to the Internal Regulations are listed in the link at the bottom of this page.
Sources:
- violation of the procedure for changing the internal labor regulations in 2019
Advice 3: How to draw up internal labor regulations
Each organization must have such an organizational and administrative document as internal labor regulations. It is with the help of this act that the labor relations of the employer with employees are regulated. As a rule, the labor regime and routine for all organizations is different, therefore there cannot be a unified form of this document. Each manager works with the Legal or Human Resources department to develop these policies.
Instruction
The internal labor regulations can be both an annex to the collective agreement of the organization, and drawn up as a separate local act. It is up to you to decide whether or not to draw up the title page of this document, but in practice, most often it is not drawn up.
First you must define the specifics. If your organization has employees who work part-time, then this document should reflect this by indicating the positions. Write about their daily routine as well, i.e. rest times, work hours, etc.
If you have employees who are involved in temporary work, then the internal regulations should indicate the conditions for their work, for example, the right to leave.
In this organizational and administrative document, first write down the general provisions, that is, indicate for whom the rules are being developed, their purpose, and by whom they are approved. Next, you can prescribe the procedure for hiring employees and their dismissal. For example, in this block you can indicate the application of a probationary period, the need to fill out a bypass sheet before dismissal, etc.
The next item is the mode of working time and its use. Here you can list all public holidays in the coming year. Also, be sure to indicate the work schedule, lunch time, vacation duration, the possibility of granting unpaid leave, etc.
Also, in the internal labor regulations, write down information on the payment of wages, for example, indicate the date when this happens. If you use bank transfer to pay it, then also write this in the act.
Do not forget about the item "Encouragement for successful work." List specific payments, that is, indicate bonuses, allowances for overfulfillment of the work plan. After that, it is advisable to write about the responsibility for violations of the rules, in it indicate the amount of disciplinary sanctions. Next, indicate the information both from your side and from the side of the employee.
When choosing certain rules, remember that this act should not be overloaded with information, it should be easy to read and understand.
Related videos
A collective agreement is an internal legal document that regulates the social and labor relations of members of the same team (Article 40 of the Labor Code of the Russian Federation). The document is drawn up and agreed with the participation of management and representatives of workers in the person of a primary or independent trade union organization. Any changes or additions can be made by the same composition through negotiations and voting.
You will need
- - general meeting of administration and primary or independent trade union;
- - protocol with signatures of voting participants.
Instruction
According to Article 41 of the Labor Code of the Russian Federation, it is possible to include a list of any issues regulated at this enterprise. The legislation does not provide guidance on a specific list. To change one or more points or to conclude a new collective agreement with changes, additions or with the same, gather the primary or independent trade union organization and the administrative staff of the enterprise.
Announce the agenda with a written record. The entire course of the meeting, put forward proposals for changes or additions with the argumentation of certain issues raised, enter into the minutes.
Make changes or additions to the collective agreement if the number of those who voted for the proposed proposal is more than 50%. A smaller number of votes confirms that the proposals put forward did not pass the vote and the internal collective agreement is not subject to change or is subject to change on several points for which the majority of the members of the meeting voted.
Any collective agreement can be drawn up for a period of one to three years. After the expiration of this period, the document is subject to reapproval for all available items with additions, changes and with the consideration of new proposals on the agenda that need to be included in the drafted document.
For any changes to the contract or when a new document is approved, hold a general meeting, vote and collect signatures of management and trade union leaders under the list of changed or approved issues.
No change or statement in the document should infringe the rights of working employees in relation to other citizens. All clauses of the collective agreement must comply with the instructions of the current Labor Code and general civil norms specified on this occasion in the Civil Code of the Russian Federation. If any items do not meet these requirements, then according to the law they are considered invalid, regardless of the general approval and vote.
"APPROVE"
CEO
OOO "ROMASHKA"
Fomin A.N.
INTERNAL WORK REGULATION
OOO "ROMASHKA"
1. GENERAL PROVISIONS
1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor schedule in the Limited Liability Company "ROMASHKA" (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. These Rules are a local regulatory 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 terms are used in these Rules:
"Employer" - Limited Liability Company "ROMASHKA";
"Employee" - an 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 of the Labor Code of the Russian Federation;
"Labor discipline" - mandatory for all employees to obey the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, employment contracts, local regulations of the Employer.
1.4. These Rules apply to all employees of the Company.
1.5. Changes and additions to these 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 RECEPTION OF EMPLOYEES
2.1. Employees exercise their right to work by concluding a written employment contract.
2.2. When hiring (before signing an employment contract), the Employer is obliged to familiarize the employee against signature with these Rules, the collective agreement (if any), and other local regulations directly related to the employee's labor activity.
2.3. When concluding an employment contract, a person entering a job presents to the Employer:
Passport or other identity document;
Employment book, except for cases when the employment contract is concluded for the first time or the employee goes to work on a part-time basis;
Insurance certificate of state pension insurance;
Documents of military registration - for persons liable for military service and persons subject to conscription for military service;
A document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;
Certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs - when applying for a job related to activities, to the implementation of which, in accordance with this Code, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed;
Other documents, in accordance with the requirements of the current legislation of the Russian Federation.
The conclusion of an employment contract without the presentation of these documents is not carried out.
2.4. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the Employer.
2.5. If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the Employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new work book.
2.6. The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the Employer. The receipt by the employee of a copy of the employment contract is confirmed by the signature of the Employee on the copy of the employment contract kept by the Employer.
2.7. An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the Employer or his representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.
2.8. Employment contracts may be concluded:
1) for an indefinite period;
2) for a fixed period (fixed-term employment contract).
2.9. A fixed-term employment contract may be concluded in cases provided for by the Labor Code of the Russian Federation and other federal laws.
2.10. If the employment contract does not specify the period of its validity and the reasons that served as the basis for concluding such an agreement, then it is considered concluded for an indefinite period.
2.11. When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work.
2.12. The absence of a test clause in the employment contract means that the employee is hired without a test. In the case when the employee is actually admitted to work without drawing up an employment contract, the probationary condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.
2.13. A test for employment is not established for:
Persons elected on the basis of a competition for filling the relevant position, held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
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 professional education and for the first time come to work in their specialty within one year from the date of graduation from the educational institution;
Persons elected to an elective position for a paid job;
Persons invited to work in the order of transfer from another employer as agreed between employers;
Persons concluding an employment contract for a period of up to two months;
Other persons in cases provided for by this Code, other federal laws, a collective agreement (if any).
2.14. The trial period may not exceed three months, and for the heads of the organization and his deputies, the chief accountant and his deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law. When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.
2.15. When concluding an employment contract for a period of up to two months, a test is not established for an employee.
2.16. With employees with whom, according to the legislation of the Russian Federation, the Employer has the right to conclude written agreements on full individual or collective (team) liability, the corresponding condition must be included in the employment contract when it is concluded.
2.17. When concluding an employment contract, persons under the age of eighteen, as well as other persons in cases provided for by the Labor Code of the Russian Federation and other federal laws, must undergo a mandatory preliminary medical examination.
2.18. On the basis of the concluded employment contract, an order (instruction) is issued to hire an employee. The content of the order must comply with the terms of the concluded employment contract. The order for employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the Employer is obliged to issue him a duly certified copy of the said order.
2.19. Before the start of work (the start of the direct performance by the employee of the duties stipulated by the concluded employment contract), the Employer (the person authorized by him) conducts a briefing on the safety rules at the workplace, training in safe methods and techniques for performing work and providing first aid in case of accidents at work, briefing on labor protection.
An employee who has not been instructed in labor protection, safety at the workplace, training in safe methods and techniques for performing work and providing first aid in case of accidents at work is not allowed to work.
2.20. The Employer maintains work books for each employee who has worked for him for more than five days, in the case when the work for the Employer is the main one for the employee.
3. PROCEDURE FOR THE TRANSFER OF EMPLOYEES
3.1. Transfer of an employee to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area with the employer.
3.2. The transfer of an employee can only be made to work that is not contraindicated for him for health reasons, and with the written consent of the employee.
3.3. It is allowed to temporarily transfer (up to one month) an employee to another job not stipulated by an employment contract with the same employer without his written consent in the following cases:
To prevent a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it;
In the event of downtime (temporary suspension of work due to economic, technological, technical or organizational reasons), the need to prevent the destruction or damage to property or replace a temporarily absent employee, if the downtime or the need to prevent the destruction or damage to property or replace a temporarily absent employee is caused by emergency.
3.4. To formalize the transfer to another job, an additional agreement is concluded in writing, drawn up in two copies, each of which is signed by the parties (the Employer and the employee). One copy of the agreement is transferred to the employee, the other is kept by the Employer. 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.
3.5. The transfer of an employee to another job is formalized by an order issued on the basis of an additional agreement to the employment contract. An order signed by the head of the organization or an authorized person is announced to the employee against signature.
4. PROCEDURE FOR DISCHARGING EMPLOYEES
4.1. An employment contract may be terminated (cancelled) in the manner and on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.
4.2. The termination of the employment contract is formalized by the order (instruction) of the Employer. The employee must be familiarized with the order (instruction) of the Employer to terminate the employment contract against signature. At the request of the employee, the Employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).
4.3. The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.
4.4. Upon dismissal, the employee, no later than the day of termination of the day of the employment contract, returns all documents, equipment, tools and other inventory items transferred to him by the Employer for the performance of the labor function, as well as documents formed during the performance of labor functions.
4.5. On the day of termination of the employment contract, the Employer is obliged to issue a work book to the employee and make settlements with him. 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. At the written request of the employee, the Employer is also obliged to provide him with duly certified copies of documents related to work.
4.6. An entry in the work book on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.
4.7. In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the Employer is obliged to send a notification to the employee about the need to appear for a work book or agree to send it by mail. At the written request of an employee who has not received a work book after dismissal, the Employer is obliged to issue it no later than three working days from the date of the employee's request.
5. BASIC RIGHTS AND OBLIGATIONS OF THE EMPLOYER
5.1. 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 of the Russian Federation, other federal laws;
Conduct collective negotiations and conclude collective agreements;
Encourage employees for conscientious efficient work;
Require employees to fulfill their labor duties and respect 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, compliance with these Rules;
Require employees to comply with labor protection and fire safety rules;
Bring employees to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
Adopt local regulations;
Create associations of employers in order to represent and protect their interests and join them;
Exercise other rights granted to him by labor legislation.
5.2. The employer is obliged:
Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, 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 a record 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 against 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;
Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
Suspend employees from work in cases provided for by the Labor Code of the Russian Federation, other federal laws and regulatory legal acts of the Russian Federation;
Fulfill other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and labor contracts.
5.2.1. The employer is obliged to suspend from work (not allow to work) the employee:
Appearing at work in a state of alcoholic, narcotic or other toxic intoxication;
Not trained in the prescribed manner and tested knowledge and skills in the field of labor protection;
A person who has not passed a mandatory medical examination (examination) in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;
If, in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are revealed for the employee to perform work stipulated by an employment contract;
In case of suspension for up to two months of an employee’s special right (license, right to drive a vehicle, right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling the employee of obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the Employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health ;
At the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;
In other cases provided for by federal laws and other regulatory legal acts of the Russian Federation.
The employer suspends from work (does not allow to work) the employee for the entire period of time until the circumstances that were the basis for suspension from work or exclusion from work are eliminated.
6. BASIC RIGHTS AND OBLIGATIONS OF EMPLOYEES
6.1. 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 of the Russian Federation, other federal laws;
Providing him with a job stipulated by an employment contract;
A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any);
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, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays;
Complete reliable information about working conditions and labor protection requirements at the workplace;
Vocational training, retraining and advanced training in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;
Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);
Conducting collective negotiations and conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;
Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
Resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;
Compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
Compulsory social insurance in cases stipulated by federal laws;
Other rights granted to him by labor legislation.
6.2. The employee is obliged:
Conscientiously fulfill their labor duties assigned to him by the employment contract, job description and other documents regulating the activities of the employee;
Qualitatively and in a timely manner to carry out assignments, orders, tasks and instructions of your immediate supervisor;
Comply with these Rules;
Observe labor discipline;
Comply with established labor standards;
To be trained in safe methods and techniques for performing work and providing first aid to victims at work, instructing in labor protection, internships at the workplace, testing knowledge of labor protection requirements;
Pass mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations (examinations), as well as undergo extraordinary medical examinations (examinations) at the direction of the Employer in cases provided for by the Labor Code of the Russian Federation and other federal laws;
Comply with labor protection and labor safety requirements;
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;
Contribute to the creation of a favorable business atmosphere in the team;
Immediately notify the Employer or immediate supervisor 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);
Take measures to eliminate the causes and conditions that impede the normal performance of work (accidents, downtime, and so on), and immediately report the incident to the Employer;
Maintain your workplace, equipment and fixtures in good condition, order and cleanliness;
Observe the procedure for storing documents, material and monetary values established by the Employer;
To improve their professional level by systematic independent study of specialized literature, magazines, other periodic special information on their position (profession, specialty), on the work (services) performed;
Conclude an agreement on full liability in the case when he starts work on the direct maintenance or use of monetary, commodity values, other property, in cases and in the manner prescribed by law;
Perform other duties stipulated by the legislation of the Russian Federation, these Rules, other local regulations and the employment contract.
6.3. The employee is prohibited from:
Use tools, devices, machinery and equipment for personal purposes;
Use working hours to resolve issues not related to labor relations with the Employer, as well as during working hours to conduct personal telephone conversations, read books, newspapers and other literature that is not related to work, use the Internet for personal purposes, play computer games ;
Smoking in the office premises, outside the equipped areas intended for these purposes;
Use alcoholic beverages, narcotic and toxic substances during working hours, come to work in a state of alcoholic, narcotic or toxic intoxication;
To issue and transfer to other persons official information on paper and electronic media;
Leave your workplace for a long time without informing your immediate supervisor and without obtaining his permission.
6.4. Labor duties and rights of employees are specified in labor contracts and job descriptions.
7. WORKING HOURS
7.1. The working time of the Company's employees is 40 hours per week.
7.1.1. For employees with normal working hours, the following working hours are established:
Five-day working 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 from 13.00 to 14.00 for 1 hour during the working day. This break is not included in working hours and is not paid.
7.1.2. If, upon hiring or during an employment relationship, an employee is provided with a different regime of working time and rest time, then such conditions shall be included in the employment contract as mandatory.
7.2. When hiring, reduced working hours are established:
For employees under the age of sixteen - no more than 24 hours a week (when studying in a general education institution - no more than 12 hours a week);
For employees aged sixteen to eighteen years - no more than 35 hours per week (when studying in a general education institution - no more than 17.5 hours per week);
For employees who are disabled people of group I or II - no more than 35 hours a week;
For workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours a week.
7.3. When hiring or during the duration of the employment relationship, by agreement between the Employer and the employee, part-time work may be established.
7.3.1. The employer is obliged to establish part-time work at their request for the following categories of employees:
Pregnant women;
One of the parents (guardian, guardian) 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 is three years old, the child's father, grandparent, 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 - in accordance with the medical report.
7.5. For employees working part-time, the working day should not exceed 4 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 paragraph 7.5 and paragraph 7.5.1 when working part-time do not apply in the following cases:
If the employee at the main place of work has suspended work due to a delay in the payment of 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:
Perform overtime work if necessary;
If the employee works on an irregular working day.
7.7.1. Overtime work is work performed by an 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:
When performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
When performing 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 situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to 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 terms of 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 records of the time actually worked by each employee in the time sheet.
8. REST TIME
8.1. 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.
8.2. The types of rest periods are:
Breaks during the working day (shift);
Daily (between shifts) rest;
Days off (weekly uninterrupted rest);
Non-working holidays;
Vacations.
8.3. Employees are provided with the following rest periods:
1) a break for rest and meals from 13.00 to 14.00, lasting one hour during the working day;
2) two days off - Saturday, Sunday;
3) non-working holidays:
4) annual leave with the preservation of the place of work (position) and average earnings.
8.3.1. 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, at least one of the parts of this 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, an employee may be granted paid leave 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 provided for 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:
Spouses of military personnel;
Citizens who have received a total (cumulative) effective radiation dose exceeding 25 cSv (rem);
Heroes of Socialist Labor 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 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, an employee may be granted unpaid leave upon his written application, the duration of which is determined by agreement between the employee and the Employer.
8.7.1. The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:
Participants of the Great Patriotic War - up to 35 calendar days a year;
For working old-age pensioners (by age) - up to 14 calendar days a year;
Parents and wives (husbands) of military personnel 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;
In other cases provided for by the Labor Code of the Russian Federation, other federal laws.
8.8. Employees working in irregular working hours are provided with an annual additional paid leave lasting from 3 to 15 calendar days, depending on their position. The list of positions, conditions and procedure for granting such leave are established in the Regulations on irregular working hours.
9. PAYMENT
9.1. The employee's salary in accordance with the Employer's current remuneration system, enshrined in the Regulations on Remuneration, consists of the official salary.
9.1.1. The size of the official salary is established on the basis of the staffing table of the Company.
9.2. An employee may be paid a bonus in the amount of up to 50% 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.
9.3.1. 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 an 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 are compensated for transportation costs 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% of the salary; On the 5th day of the month following the settlement month, a full payment is made to the employee.
9.6.1. If the day of payment coincides with a weekend or non-working holiday, the 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.
9.7.1. Wages can be paid in a non-cash form by transferring them to the current account indicated by the employee, 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. These include suspension from work:
In connection with tuberculosis patients with tuberculosis. For the period of suspension, employees receive state social insurance benefits;
Due to the fact that a person is a carrier of pathogens of infectious diseases and can be a source of the spread of infectious diseases, it is impossible to transfer an employee to another job. During the period of suspension, employees are paid social security benefits;
In connection with the failure to undergo training and testing knowledge and skills in the field of labor protection. Payment during the downtime is made as for downtime;
In connection with the failure to pass the mandatory preliminary or periodic medical examination (examination) through no fault of the employee. In this case, payment is made for the entire time of suspension from work as for downtime.
10. REWARDS 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:
Declaration of gratitude;
Issuance of an award;
Awarding a valuable gift;
Awarding an honorary diploma.
10.1.1. 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. RESPONSIBILITIES OF THE PARTIES
11.1. Employee Responsibility:
11.1.1. For the commission by an employee of a disciplinary offense, that is, non-performance or improper performance by an 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;
Rebuke;
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. The employee's failure to provide an explanation 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 illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. 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 publication, not counting the time the employee was 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 an 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 the 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 a 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 paragraph 10.1 of these Rules are not applied to the employee.
11.1.11. The employer has the right to bring the employee to liability in the manner prescribed 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 responsibility of the employee comes for the damage caused by him 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. Unreceived income (lost profit) is not subject to recovery from the employee.
11.1.16. The employee is released from liability in cases of damage due to:
Force majeure;
Normal economic risk;
Urgent necessity or necessary defense;
Failure by the Employer to fulfill 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 stipulated by the Labor Code of the Russian Federation or other federal laws, an 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.
11.1.19. Written agreements on full individual or collective (team) liability may be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values or other property.
11.1.20. The amount of damage caused by the employee to the Employer in the event of loss or damage to property is determined by actual losses calculated on the basis of market prices in force on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.
11.1.21. 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.
11.1.22. 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 Employer of the amount of damage caused by the employee.
11.1.23. If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused to the Employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.
11.1.24. An employee who is guilty of causing damage to the Employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage with installment payment 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.
11.1.25. With the consent of the Employer, the employee may transfer to him equivalent property to compensate for the damage caused or repair the damaged property.
11.1.26. Compensation for damages is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the Employer.
11.1.27. In the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the Employer, the employee is obliged to reimburse the costs incurred by the Employer for his training, calculated in proportion to the time actually not worked after the end of the training, unless otherwise provided by the employment contract or learning agreement.
11.2. Responsibility of the Employer:
11.2.1. The Employer's material liability arises for damage caused to the employee 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.
11.2.2. The employer who caused damage to the employee compensates for this damage in accordance with the Labor Code of the Russian Federation and other federal laws.
11.2.3. An employment contract or agreements concluded in writing attached to it may specify the liability of the Employer.
11.2.4. The employer is obliged to compensate the employee for the earnings not received by him in all cases of unlawful deprivation of his opportunity to work.
11.2.5. An employer who has caused damage to an employee's property shall compensate this damage in full. The amount of damage is calculated at market prices valid on the day of compensation for damage. With the consent of the employee, the damage can be compensated in kind.
11.2.6. 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. If the employee disagrees with the decision of the Employer or does not receive a response within the prescribed period, the employee has the right to go to court.
11.2.7. If the Employer violates the established deadline for paying wages, vacation pay, dismissal payments and 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 three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from unpaid amounts for each day of delay, starting from the next day after the due date of payment up to and including the day of actual settlement.
11.2.8. Moral damage caused to the employee by unlawful actions or inaction of the Employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract.
12. FINAL PROVISIONS
12.1. For all issues that have not been resolved in these Rules, employees and the Employer are guided by the provisions of the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation.
12.2. At the initiative of the Employer or employees, these Rules may be amended and supplemented in the manner prescribed by labor legislation.
The internal labor regulations are approved in almost every organization. An exception is made only for micro-enterprises - since 2017 they are allowed not to apply local acts. This article describes the procedure for approving the internal labor regulations (PWTR) and what to do if this document is not published in the organization.
Who approves the internal labor regulations
In accordance with Art. 189 of the Labor Code of the PVTR are a local act of the employer, mandatory for publication. Therefore, their approval in a broad sense, as the very fact of the development and adoption of rules in the organization, is carried out by the employer.
At the same time, it is not necessary to develop PWTR from scratch. You can focus on the Typical PWTR for workers and employees, approved. Decree of the USSR State Committee for Labor dated 07.20.1984 No. 213. It is imperative to include in the document the procedure for regulating a number of labor issues listed in Part 4 of Art. 189 TC. Among them are the time of work and rest, punishments and rewards, rights and obligations, etc.
INTERESTING! The regulation of labor relations when serving in state bodies is carried out by an analogue of the PVTR - official regulations. However, unlike the PVTR, the official routine, in accordance with Art. 56 of the Law "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ, is approved by subordinate legal acts. 
Approval of the RRP in the narrow sense, as one of the final stages in the process of creating an act, in accordance with Art. 190 of the Labor Code is carried out by the employer represented by the head of a specific executive body or, for example, the general meeting of members of the organization, if the employer is a business entity. An indication of such a person or body should be contained in the charter of the organization (sometimes in the memorandum of association). If the person who signed the rules and the person designated for this by the charter differ, then there is a high risk that the rules will be declared invalid when reviewed by regulatory authorities.
The procedure for approving the PWTR in the organization: who develops and signs the document
Approval of internal labor regulations produced in the manner prescribed by Art. 190 and 372 of the Labor Code. An analysis of the provisions of these articles allows you to draw up step-by-step instructions for approving the rules of the order in the organization:
|
Step-by-step instruction |
Actor |
Specific actions |
||
|
Decision making and rule development |
Not determined |
Employer** |
Decides to develop rules |
|
|
Develop the rules |
||||
|
Anytime (optional) |
Employer |
Decides to develop new rules |
||
|
Established by statute. Usually employees of the legal and (or) personnel service |
Develop the rules |
|||
|
Accounting for the opinion of the trade union |
Not limited |
Employer |
Submits the draft PVTR and their rationale to the trade union*** |
|
|
5 days from receipt of the project |
union |
Gives the employer a reasoned opinion about the project. If the union agrees with the project, proceed to step 3. If there is disagreement, the second approval step continues |
||
|
Not limited |
Employer |
Get acquainted with the arguments of the trade union. If you agree with them, you should proceed to step 3. If you disagree, continue the second step of approval |
||
|
3 days from receipt of the opinion of the trade union |
employer, trade union |
Conducting a consultation. If you agree, go to step 3. If you disagree, continue with the second step of approval |
||
|
Not limited |
employer, trade union |
Drawing up a protocol of disagreements |
||
|
Rules Approval |
Not limited |
Employer |
Approves the rules of the order |
|
|
Appeal (optional step) |
During the rule period |
union |
If you disagree with step 3, you have the right to choose: - to appeal the rules of the order in court or state. labor inspection; − initiate the procedure of a collective labor dispute |
|
|
Employee familiarization |
Not limited*** |
employer, worker |
Familiarize each employee with the accepted rules |
|
Notes:
* An employer here means a specific person or a governing body who, in accordance with the charter, has been given the appropriate authority to initiate the procedure for adopting rules, approving them, etc.
** If there is no trade union in the organization, then the draft PWTR is transferred to a representative elected on the basis of Art. 31 TK. If the organization does not have a representative and in general any representative body, then, taking into account Art. 8 of the Labor Code, a note is made on the rules of procedure that there is no representative body, and steps 2 and 4 are skipped.
*** As long as the employee is not familiar with the PWTR, bringing him to disciplinary liability for non-compliance with the rules is unlawful - as established, for example, by the Supreme Court of the Republic of Bashkortostan in cassation ruling No. 33-8111/111 of June 21, 2011.
How often the employer approves PWTR
In part 3 of Art. 68 of the Labor Code says that the employer is obliged to familiarize him with the PWTR before hiring an employee. It might be assumed that in such a case the rules should be issued before the first worker is hired. However, in practice this is problematic. For example, by the time an employee is hired, a trade union body may be in the process of being created, or an employment contract has not yet been concluded with the general director, who, in accordance with the employer's charter, has the right to sign the PWTR. Also, the Criminal Code and the Code of Administrative Offenses of the Russian Federation do not contain the responsibility of the employer for not familiarizing the employee with the rules of procedure.
Thus, the term for the adoption of the first RTPs is not imperatively regulated in the law. However, this does not mean that it can not be taken at all. It must be remembered that in addition to regulating the labor activity of an employee, this act is also adopted to ensure the interests of the employer. Until the PWTR is adopted in the organization, it is impossible to hold the employee accountable for violating labor discipline.
Republishing or changing the rules is also not limited in time. The employer has the right at any time - due to, for example, operational needs - to organize work to amend the PWTR or to develop new rules. In this case, the procedure provided for in Art. 190 and 372 of the Labor Code.
In other words, the frequency of adoption and approval of PWTR is not defined by law - each employer is free to do this with any frequency as necessary.
Is it possible not to approve the PVR
Norm Art. 190 of the Labor Code is imperative, therefore the adoption of the PWTR is mandatory in any organization, with a single exception.
Thus, in 2016, the Labor Code was amended by the law “On Amendments…” dated 03.07.2016 No. 348-FZ regarding the obligation to accept PVTR. Since the beginning of 2017, a micro-enterprise employer has the right to refuse to adopt any local acts, including the PWTR. In this case, in accordance with Art. 309.2 of the Labor Code, the provisions of the internal regulations are transferred to employment contracts with employees.
IMPORTANT! According to Art. 4 of the Law "On the development of small and medium-sized businesses in the Russian Federation" dated July 24, 2007 No. 209-FZ, a micro-enterprise is an organization in which for the previous year the number of employees (without external part-time workers) does not exceed 15 people.
Let's summarize. employers internal labor regulations approved. To compile them, employees of the personnel or legal service can use the Model PVTR or develop an original act. The procedure for approving the rules is enshrined in Art. 190 and 372 of the Labor Code. The terms for adopting the rules of procedure are not limited, however, this will protect the employer from impunity for employees for inaction or poor performance of their duties, and therefore the sooner this is done, the better. Since 2017, it is not mandatory for micro-enterprise employers to accept PWTR.
In Art. 189 of the Labor Code of the Russian Federation, the concept of internal labor regulations (hereinafter referred to as the Rules) is given - this is a local regulatory act that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, time rest, incentives and penalties applied to employees, as well as other issues of regulating labor relations with this employer.
The rules are mentioned in a large number of articles of the Labor Code of the Russian Federation. For example, in Art. Art. 15, 21 of the Labor Code of the Russian Federation says that the employee must obey the Rules. Yes, and Art. 56 of the Labor Code of the Russian Federation, defining an employment contract, speaks of the obligation of the employee to comply with the Rules.
The rules simply need to be adopted in the organization, since they are a mandatory local regulatory act that coordinates joint work, helps maintain discipline, the correct distribution and use of working time, and even production efficiency. Therefore, the development of the Rules must be approached with all seriousness, and not just some standard template downloaded from the Internet.
What issues are covered by the Rules?
The Labor Code defines a list of issues to be included in the Rules. But, when developing this local act, the employer must take into account the specifics of his enterprise and the peculiarities of regulating labor relations.
For example, the Rules need to reflect the working hours, since in accordance with Art. 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor duties. In addition, it is necessary to provide for the duration of the working week - five days with two days off, six days with days off on a rotating schedule or another mode, determine the start and end times of work, work breaks, the number of shifts per day, the alternation of working and non-working days (Article 100 of the Labor Code RF). For certain categories of workers, the Rules may establish an irregular working day, and a list of such workers can also be determined there.
Note! When hiring, before signing an employment contract, the employer is obliged to familiarize the employee against signature with the Rules by virtue of Part 3 of Art. 68 of the Labor Code of the Russian Federation.
The rules define the conditions when the suspension of work on weekends is impossible due to production, technical and organizational conditions (Article 111 of the Labor Code of the Russian Federation).
The procedure for granting annual paid holidays, other types of additional paid holidays (for example, for irregular working hours), as well as unpaid holidays is also established by the Rules.
By virtue of Art. 136 of the Labor Code of the Russian Federation, the Rules should provide for the terms and specific days for the payment of wages. There you can also determine the methods of encouraging employees (bonuses, certificates, valuable gifts, etc.). In addition to incentives, it is necessary to consider the procedure for imposing and removing disciplinary sanctions, the types of penalties and specific violations of labor discipline that may result in punishment.
The employer, working through this or that issue, must remember that it is necessary to comply with the norms of labor legislation, and if any provisions worsen the position of the employee in comparison with him, they simply will not be valid.
To better understand what to include in the Rules, we offer their approximate structure.
1. General Provisions. This section includes general provisions on the operation of the Rules in the organization (to whom they apply, in what cases they are revised, etc.).
2. The procedure for the admission, transfer and dismissal of employees. Here it is appropriate to provide a list of documents presented by the employee when applying for a job, the procedure for registering admission and dismissal. It is possible to provide a list of persons with the right to hire and dismiss employees, as well as the actual admission to work.
3. The main duties of employees. Since the employee is obliged to conscientiously fulfill his labor duties, it is necessary to fix how he can do this. In particular, he must observe labor discipline, safety precautions, timely and accurately follow the instructions of the management, keep the workplace in order, behave correctly and politely. This section can also provide for a list of unacceptable actions of employees, for example, remarks, jokes or other actions that, in the opinion of management, allow the creation of an aggressive workplace environment.
4. The main obligations of the employer. The employer also has certain rights and obligations to employees. For example, he must properly organize the work of employees, ensure healthy and safe working conditions, strictly observe labor and production discipline, comply with labor legislation, labor protection rules, improve working conditions, provide employees with guarantees and compensation.
5. Mode of operation. This section provides for the start and end times of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day, the list of positions of employees with irregular working hours, if the employer has any.
6. Rest time. It considers the time for providing a lunch break and its duration, the procedure for providing special breaks for certain categories of workers (for example, janitors, builders working outdoors in the cold season), as well as a list of works for which special breaks are provided, days off. The grounds for and duration of additional paid annual leave should also not be forgotten.
7. Pay. As noted earlier, it is necessary to provide for the timing and specific days for the payment of wages.
8. Incentives for work. Article 191 of the Labor Code of the Russian Federation defines the types of incentives: gratitude, the issuance of an award, the awarding of a valuable gift, a certificate of honor, promotion to the title of the best in the profession. The rules, taking into account the specifics of the organization, may provide for other types of incentives, for example, the provision of a vacation voucher abroad. In addition, here it is necessary to determine the procedure for applying incentives, since the current legislation has not established it and it is not entirely clear why and how employees are encouraged. Due to the lack of regulation of this procedure at the legislative level, we think that the Rules can define the criteria for evaluating work, benefits and benefits provided to rewarded employees.
9. Responsibility for violation of labor discipline. In this section, you need to consider the procedure for imposing and removing disciplinary sanctions, types of sanctions.
Procedure for drawing up and approving the Rules
The rules refer to the local acts of the employer, and they must be properly drawn up. In particular, it is necessary to use GOST R 6.30-2003 "Unified system of organizational and administrative documentation. Requirements for paperwork." That is, the first sheet of the Rules must contain such details as the name of the document, the emblem of the organization, the stamp of approval, etc. For clarity, we give a sample of the first sheet:
internal labor regulations I approve
Job title
___________________________________ ____________________________
Name of employer Full name
M.P. "__" __________ 20__
Motivated opinion of the trade union
committee in writing
(minutes dated ________________ N __)
reviewed
1. General Provisions
1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) establish a unified labor schedule for _________________________________ (hereinafter referred to as the employer).
1.2. The Rules apply to all employees working for the employer on the basis of concluded employment contracts, with the exception of the provisions defining a unified work and rest regime for employees who, in accordance with the employment contract, have a work and rest regime that differs from the general one.
If the Rules are an annex to the collective agreement, a note must be made in the upper right corner.
The rules are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations.
In particular, before making a decision, the employer sends the draft Rules to the elected body of the primary trade union organization, representing the interests of all or the majority of employees, which, no later than five working days from the date of receipt of the draft, sends the employer a reasoned opinion on the draft in writing. If the trade union expressed a reasoned disagreement with the project or submitted proposals for its improvement, the employer may agree with them or, within three days after receiving this opinion, conduct additional consultations with the trade union in order to reach a mutually acceptable solution.
If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to accept the Rules. The trade union may appeal this protocol to the relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to start the procedure of a collective labor dispute in the manner prescribed by the Labor Code of the Russian Federation.
Please note that the employer is required to carry out this procedure if there is an elected body of the primary trade union organization representing the interests of all or most employees. If there is no trade union, the approval of the Rules takes place solely by the employer.
By the way, the Rules can be formalized as an appendix to the collective agreement, or they can be an independent local normative act. If the Rules are attached to the collective agreement, the procedure for their development and approval will be the same as for the collective agreement (Chapter 6, 7 of the Labor Code of the Russian Federation). Amendments or additions to it must also be carried out in accordance with the Labor Code of the Russian Federation or in the manner determined by the collective agreement (Article 44 of the Labor Code of the Russian Federation).
After the Rules are approved, they are hung out in places accessible to employees, for example, at information stands, or posted on the company's website. As already mentioned, each employee, when hiring, must be familiar with the Rules. But not only in this case, the Rules are brought to the attention of employees - when making changes or additions to this document, it is also necessary to bring the new edition to the attention of all employees of the organization.
Sample Rules
I approve
CEO
Sherstnev /N.R. Sherstnev/
rules
internal labor regulations
Limited Liability Company "Platochek"
1. General Provisions
1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) regulate the internal labor regulations at Platochek LLC (hereinafter referred to as the organization), as well as other issues closely related to the regulation of labor relations in the organization.
1.2. The rules are intended to strengthen labor discipline, promote the rational use of working time, high quality work, increase productivity and labor efficiency in the organization.
1.3. The Rules apply to all employees working in the organization on the basis of concluded employment contracts, with the exception of the provisions defining a unified work and rest regime for employees who, in accordance with an employment contract, have a work and rest regime that differs from the general one.
1.4. The rules come into force from the day they are approved by the General Director of the organization.
1.5. The place of storage of the Rules is the personnel department of the organization.
2. The procedure for hiring and dismissing employees
2.1. Employees of the organization exercise the right to work by concluding a written employment contract.
2.2. When applying for a job in an organization, a citizen is required to present the following documents:
Passport or other document proving the identity of a citizen;
Employment book of the established form, drawn up in accordance with the requirements of the current legislation of the Russian Federation (except for cases when an employment contract is concluded for the first time or an employee enters a job on a part-time basis);
Insurance certificate of state pension insurance;
Military registration document - for persons liable for military service and persons subject to conscription for military service;
A document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training.
When concluding an employment contract for the first time, a work book and a certificate of state pension insurance are drawn up by the personnel department of the company.
2.3. Employment of foreign citizens and stateless persons is carried out in accordance with the requirements of the current legislation of the Russian Federation.
2.4. An employment contract is concluded in writing, drawn up in two copies, each of which is signed by an employee and an authorized person of the organization. One copy of the employment contract against signature is transferred to the employee, the other is stored in the personnel department of the organization. The employment contract comes into force from the date of its signing by the employee and the authorized person of the Organization, unless otherwise provided by the employment contract.
The organization does not have the right to require the employee to perform work not stipulated by the employment contract, with the exception of cases provided for by the legislation of the Russian Federation.
2.5. Based on the employment contract, the general director of the organization issues an order (instruction) on hiring, which is announced to the employee against receipt within three days from the date of signing the employment contract.
2.6. The actual admission to work is considered the conclusion of an employment contract, regardless of whether the employment was formalized properly. The Deputy General Director for Personnel has the right of actual admission to work.
2.7. When applying for a job, an authorized person of the organization must familiarize the employee with:
The volume and content of the forthcoming work, working conditions, the system of remuneration, explain his rights and obligations;
these Rules;
A list of information constituting a trade secret;
Safety rules, industrial sanitation, fire protection and other labor protection rules in the organization.
2.8. An authorized person of the organization maintains work books for each employee who has worked on the basis of an employment contract in the organization for more than five days, if the work in the organization is the main one for the employee.
2.9. The procedure for filling out a work book is regulated by the regulatory legal acts of the Russian Federation. The work book contains information about the employee, the work performed by him, transfers to another permanent job, as well as the grounds for terminating the employment contract and information about awards for success in work.
2.10. Termination of an employment contract is possible only on the grounds provided for by the current labor legislation.
2.11. Employees have the right to terminate the employment contract by notifying the organization in writing at least two weeks in advance, unless a different notice period for certain categories of employees is established by applicable law. The head of the company, members of the collegial management body are obliged to warn the organization about the early termination of the employment contract one month in advance.
By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the termination notice.
2.12. Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract.
2.13. A fixed-term employment contract is terminated upon its expiration, about which the employee must be notified in writing at least three days before dismissal.
An employment contract concluded for the duration of a certain work is terminated upon completion of this work.
An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work.
An employment contract concluded for the duration of seasonal work is terminated after a certain season. A warning about early termination of a fixed-term employment contract is carried out within the time limits established by the Labor Code.
Termination of the employment contract is formalized by order of the General Director.
An employment contract may be terminated at the initiative of the employer on the basis and in the manner prescribed by the Labor Code.
2.14. Prior to the preparation of documents for dismissal, the employee, within the time limits and in the manner agreed with the administration of the organization, is obliged to hand over the work performed, all documentation, materials, work projects created in the course of labor activity; return the property transferred to him for the performance of labor duties. On the last working day, the employee is obliged to hand over the keys, seals and stamps, a pass to enter the office building, banking institutions, etc. to the authorized person.
2.15. On the day of dismissal, the organization is obliged to issue to the employee his work book with the record of dismissal entered into it, other documents related to work, at the written request of the employee, and make the final settlement with him. Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the current legislation and with reference to the relevant article of the Labor Code. The day of dismissal is the last day of work or the last day of annual paid leave upon dismissal of an employee in accordance with Art. 127 of the Labor Code of the Russian Federation.
3. Rights and obligations of employees
3.1. The list of duties, rights and obligations, the amount of responsibility of each employee of the organization is determined by the job description, which is an integral part of the employment contract.
3.2. The job descriptions of each employee are developed by authorized persons of the organization, approved by the general director and stored in the personnel department. At the same time, each employee must be familiarized with his job description before starting work.
3.3. In carrying out their labor activities, all employees of the company have the right to:
Conclusion, amendment and termination of an employment contract in the manner and on the terms established by the current legislation and these Rules;
Provision of work stipulated by an employment contract;
A workplace that meets the conditions stipulated by state standards for the organization and safety of labor;
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, annual holidays;
Complete reliable information about working conditions and labor protection requirements at the workplace;
Vocational training, retraining and advanced training in accordance with the procedure established by the current legislation, local regulations of the organization, labor contract;
Participation in the management of the organization in the forms provided for by law and the collective agreement;
Compensation for harm caused in connection with the performance of his labor duties, and compensation for moral damage in the manner prescribed by the current legislation of the Russian Federation;
Compulsory social insurance in cases stipulated by federal laws of the Russian Federation.
Employees also enjoy other rights granted by the current legislation of the Russian Federation, local regulations of the organization, and an employment contract.
3.4. The employees of the organization undertake:
To honestly and conscientiously fulfill their labor duties assigned to them by an employment contract and job description;
Comply with these Rules, the provisions of other local regulations of the organization, orders (instructions) of the general director of the organization, instructions of their immediate supervisor;
Comply with labor discipline: come to work on time, observe the established working hours, timely and accurately execute the orders of the organization's administration, use working time for productive work, avoid loss of working time, refrain from actions that prevent other employees from fulfilling their job duties;
Comply with the norms, rules and instructions on labor protection and ensuring labor safety, industrial sanitation, fire safety rules;
To learn safe methods and techniques for performing work, in the prescribed manner to be instructed in labor protection, testing knowledge of labor protection requirements;
Take care of the property of the organization and other employees; ensure its safety;
Reimburse the organization for funds spent on training and advanced training in the manner prescribed by the current legislation of the Russian Federation, an employment contract and / or student agreement.
The list of duties (works) that each employee performs in his position, specialty, profession, is determined by job descriptions (functional duties) drawn up taking into account the provisions of the Unified Tariff and Qualification Handbook of Works and Professions of Workers, the Qualification Handbook of the Positions of Managers, Specialists and Other Employees.
4. Rights and obligations of the organization
4.1. The organization in the implementation of organizational and administrative activities has the right:
Conclude, amend, supplement and terminate employment contracts with employees in the manner and on the terms established by federal laws of the Russian Federation;
Encourage employees for conscientious and efficient work;
Require employees to fulfill their labor duties and respect the property of the organization and other employees;
Require compliance with the provisions of these Rules and other local regulations of the organization, orders (instructions) of the General Director, instructions of the administration of the organization;
Bring employees to disciplinary and material liability in the manner prescribed by the labor legislation of the Russian Federation and these Rules, other local regulations of the organization;
Adopt, amend and cancel local regulations.
4.2. Carrying out operational management of current activities within its powers, the organization is obliged to:
Organize the work of employees, assign to each workplace that meets the requirements of occupational safety and health; provide equipment, tools, office equipment, software, special (branded) clothing, footwear, materials, documentation, etc., necessary for the performance of official duties;
Do not involve employees in work not stipulated by the employment contract; not to change the list and scope of the employee's official duties without making appropriate changes to the job description and the employment contract, except as provided by the legislation of the Russian Federation;
Avoid downtime due to the fault of the administration; maintain the necessary stock of materials and resources;
Before starting work, familiarize each employee with the content of the organization's local regulations that directly relate to the employee's labor activity;
Ensure safe working conditions, in accordance with the labor protection standards established by the legislation of the Russian Federation, maintain the good condition of office equipment and other technical equipment necessary for the smooth operation of the organization's employees;
To create conditions for the growth of labor productivity by introducing the latest achievements of science and organization of labor, to carry out measures to increase the efficiency of production, to take measures to reduce manual labor.
Provide employees with norms of working time and rest in accordance with the legislation of the Russian Federation, local regulations of the organization and the employment contract;
To carry out compulsory social insurance of employees;
Comply with the conditions of remuneration established in the employment contract, pay wages on time and in full;
Suspend from work (not allow to work) an employee in cases established by the legislation of the Russian Federation.
5. Working time and rest time
5.1. The general working hours for all employees of the organization are established by these Rules. If the work schedule of a particular employee differs from that established in this article of the Rules, the length of the working day, the time of the beginning and end of work, the time of breaks in work, the alternation of working and non-working days are established by the employment contract.
5.2. The normal working time in the organization is 40 hours per week.
Start of work - 9.00.
Break - from 13.00 to 14.00.
End of work - 18.00.
Days off - Saturday and Sunday.
The duration of work in shift mode, including the start and end time of daily work and a break for rest and eating, is determined by shift schedules approved by the general director of the organization in compliance with the length of working time established by law for a month or another accounting period.
Shift schedules are communicated to employees no later than one month prior to their entry into force. Workers alternate shifts evenly.
5.4. Involving an employee in overtime work is carried out by the organization in exceptional cases in the manner prescribed by the Labor Code, on the basis of an order (instruction) of the general director of the organization.
5.5. The list of positions (professions), in the performance of labor duties for which an irregular working day is established, is established by order (instruction) of the General Director.
5.6. Annual basic paid leave is granted to employees for a duration of 28 calendar days.
5.7. The sequence and procedure for granting annual paid holidays is established by the organization, taking into account the need to ensure the normal course of the company's work and favorable conditions for the rest of employees. The vacation schedule is drawn up for each calendar year no later than two weeks before its start and is brought to the attention of all employees.
5.8. The list of non-working holidays is determined by Art. 112 of the Labor Code of the Russian Federation.
5.9. The duration of the working day immediately preceding the non-working holiday shall be reduced by one hour. For certain types of work, where it is impossible to reduce the duration of work on the holiday day, processing is compensated by providing the employee with additional rest time.
5.10. Engagement of employees to work on weekends and non-working holidays is carried out in accordance with the procedure established by the Labor Code of the Russian Federation. An order (instruction) of the general director of the organization is issued on work on weekends and non-working holidays.
5.11. For family reasons and other valid reasons, an employee may be granted unpaid leave for a number of days agreed with the administration of the organization, if this does not lead to violation of the deadlines and disruption of current work to which the employee is directly related. Leave without pay is granted on the basis of a written application of the employee and is issued by order (instruction) of the General Director.
6. Pay
6.1. Wages are determined depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed.
6.2. The wage system established in the organization is determined by the organization's local regulations and specified in the employment contract.
6.3. Wages are paid directly to the employee twice a month. The established days for making settlements with employees are the 10th and 25th of the month. If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.
6.4. For the purposes of accounting for the accrual and payment of wages, as well as other payments of material incentives for labor, one calendar month is taken for the accounting period of working time worked by employees. Accounting for the working time worked by each employee is kept by a person appointed by order (instruction) of the general director of the organization.
6.5. Deductions from the employee's wages are made only in cases and in the amounts provided for by the federal laws of the Russian Federation.
7. Incentives for success at work
7.1. For the conscientious performance of labor duties, increasing labor productivity, continuous and flawless work and other achievements in labor, the following incentives are applied to employees of the organization:
Declaration of gratitude;
Awarding a valuable gift;
Issuance of monetary reward;
Other promotions.
It is allowed to simultaneously apply several types of incentives to an employee.
7.2. Incentives are issued by order (instruction) of the general director of the organization indicating the type of encouragement and its basis, then brought to the attention of all employees and entered in the work book of the employee.
7.3. Material forms of incentives for success in work can also be established in other local regulations of the company.
8. Labor discipline
8.1. Employees of the organization are responsible for committing disciplinary offenses, that is, failure to perform or improper performance due to the fault of the employee of the labor duties assigned to him.
8.2. The following types of disciplinary sanctions may be applied to an employee for committing a disciplinary offense:
Comment;
Rebuke;
Dismissal for appropriate reasons.
8.3. The General Director of the organization has the right to impose and remove disciplinary sanctions.
8.4. Regardless of the application of disciplinary measures, an employee who has violated labor discipline may not be paid a bonus based on the results of work for the month in whole or in part, and he may also be reduced remuneration based on the results of the work of the organization for the year, if the following order is announced to him:
Reprimand (reduction of performance bonus for the corresponding period of bonuses and remuneration based on performance for the year by no more than 50%);
Note (reduction of performance bonus for the corresponding period of bonuses and remuneration based on performance for the year by no more than 10%).
8.5. Prior to the imposition of a disciplinary sanction, written explanations must be requested from the violator of labor discipline. The employee's refusal to give written explanations is not an obstacle to the application of a disciplinary sanction. On the refusal to give written explanations on the part of the employee, the personnel department with the participation of witnesses draws up an act of appropriate content.
8.6. For each disciplinary offense, only one disciplinary sanction may be imposed on an employee.
8.7. The order (instruction) of the general director of the organization on the application of a disciplinary sanction, indicating the motives for its application, is announced (reported) to the employee who has been sanctioned against receipt (indicating the date of familiarization) within three days from the date of its publication. If the employee refuses to sign, the personnel department draws up an appropriate act.
8.8. A disciplinary sanction may be removed before the expiration of a year from the date of his immediate supervisor or labor collective, if the employee subjected to disciplinary sanction has not committed a new misconduct.
8.9. During the period of validity of the disciplinary sanction, the incentive measures specified in paragraph 7 of these Rules are not applied to the employee.
9. Liability
9.1. One of the parties to the employment contract (employee or society), which caused damage to the other party, compensates for this damage in accordance with the Labor Code of the Russian Federation and other federal laws of the Russian Federation.
9.2. An employment contract (additional agreement) may specify the liability of the parties.
9.3. Termination of an employment contract after causing damage does not entail the release of the parties to this contract from material liability provided for by the Labor Code of the Russian Federation and other federal laws of the Russian Federation.
10. Safety and industrial sanitation
10.1. Employees of the organization are required to comply with the requirements for safety and industrial sanitation, namely, it is prohibited:
Smoking in places where such a ban has been established for reasons of safety and industrial sanitation;
Eating at the workplace;
Carry away property, objects or materials belonging to the enterprise without obtaining the appropriate permission;
Bring with you items or goods intended for sale at the workplace;
Post ads outside the designated areas without permission;
Bringing or consuming alcoholic beverages, entering or being in a business while intoxicated.
10.2. Each employee of the organization is obliged to use all means of individual or collective protection at his disposal, strictly comply with the special instructions given in this regard.
11. Final provisions
11.1. In case of non-fulfillment and (or) improper fulfillment by the employee through his fault of the labor duties assigned to him, he may be subject to disciplinary liability in the manner prescribed by the Labor Code and Sec. 8 of these Rules.
11.2. With regard to certain categories of employees, the list of which is established by the legislation of the Russian Federation and specified in the local regulations of the organization, full liability may be established for failure to ensure the safety of inventory items transferred to the employee under the report. In this case, the organization concludes a written agreement with the employee on full liability for the entire period of work with the inventory items entrusted to him. An employee's unreasonable refusal to conclude such an agreement is qualified as a violation of labor discipline.
11.3. Issues related to the labor activity of employees in the organization, but not reflected in detail in these Rules (including the rules of labor protection, safety, fire safety, protection of confidential information, etc.), are regulated in detail in other local regulations of the organization.
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 the rules in the organization, they determine the labor regime, the internal work schedule, the procedure for applying incentives and penalties to employees, establish 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. 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 a logo, the full name of the organization (in some cases, it is allowed to indicate an abbreviated name if it is enshrined in the charter), as well as the name 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 The date.
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 resource management, as well as model (exemplary) rules. Recommended document structure:
- General provisions- the purpose of the rules and their application, to whom they apply, in which cases they are revised and other general information.
- 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.
- 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).
- Work 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.
- 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 in 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.
- - 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, types of penalties 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.
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