The labor schedule at enterprises and institutions is established. Who approves the internal labor regulations

The section specifies the duties of the employee:

• work in good faith;
• observe labor discipline;
• follow the instructions of the management in a timely and accurate manner;
• observe safety precautions;
• keep in order workplace etc.

It also reflects the rights of the employee:

• for timely and full pay;
• health and life insurance;
• conclusion, amendment and termination of an employment contract with the company;
• other employee rights.

7. Working hours.
This section indicates the start and end time of the working day or shift, the length of the working day and working week, the number of shifts per day, and similar information, in accordance with Art. 100 of the Labor Code.

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

8. Rest time.
The section indicates the time of the lunch break and its duration in accordance with Art. 108 of the Labor Code.

It also indicates (if necessary) special breaks provided for some employees. Here it will also be necessary to indicate the types of work for which such breaks are due, their duration and the procedure for providing them (in accordance with Article 109 of the Labor Code). Special breaks may be granted, for example, to employees working during the cold season outdoors and loaders.

It also indicates the procedure for granting days off in accordance with Art. 111 of the Labor Code. When working on a five-day work week, the rules stipulate which day, except Sunday, will be a day off.

In addition, you must specify the duration and grounds for granting additional annual paid holidays in accordance with Art. 116 of the Labor Code.

9. Pay.
The section indicates the procedure, place and terms for the payment of salaries in accordance with Art. 136 of the Labor Code.

10. Incentives for work.
In accordance with Art. 191 of the Labor Code, the section indicates specific types of incentives.

For example:

• gratitude announcement;
• issuance of an award;
• rewarding with a valuable gift;
• other incentives.

11. Liability of the parties.
This section contains the procedure for bringing an employee to disciplinary liability, as well as the procedure for compensation by the employer to the employee of the damage caused.

12. Final provisions.
This section regulates the procedure for resolving issues not reflected in the PWTR. As well as the procedure for making changes to the rules.

Coordination and approval

After the rules of the internal work schedule will be developed, they must be agreed with the representative body of employees and approved by the head of the organization. Usually, the rules are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation).

Employees are introduced to the rules against receipt when they are hired (and if the rules are adopted again, then in the process of work). Employees should also be made aware of any changes to this document.

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

When developing internal labor regulations, first of all, it is necessary to find an employee who will be responsible for the development of internal labor regulations. Such an employee can be a head of human resources, a lawyer, a chief accountant or any other employee of the organization.

If the responsibilities for the development of PWTR are not included in the employee's job description, it is necessary to offer him to fulfill these responsibilities. If the employee agrees, then an addition is made to his job description (or employment contract) on the fulfillment by the employee of the duties of developing a PWTR.

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

• who should assist in the development of the PWTR (heads of departments, accounting, other employees);
• with which the PVTR is agreed (heads of departments, lawyers, accounting, other employees).

It is necessary to issue an order on the development of the STP, which appoints the employees responsible for the development of the STP, as well as establishes the stages and deadlines for the development, coordination and final approval of the STP.

The developed draft of the Rules is agreed with all authorized persons (according to the order on the development of the PWTR). If the company does not have a representative body of employees, then the rules can be approved by the head of the organization.

The rules are approved by the order on the approval and enactment of the internal labor regulations. If the PWTR are accepted for the first time, then this refers to a change in the organizational working conditions, and it is necessary to make changes to the employment contracts of employees in order to comply with the procedure for changing the essential conditions of the employment contract.

All employees of the company must be familiarized with the PVTR against signature. In accordance with paragraph 3 of Art. 68 of the Labor Code, when hiring each new employee, he must be familiarized with the rules against signature or receipt.

An example of drawing up the Internal Labor Regulations

INTERNAL WORK REGULATION

OOO "ROMASHKA"

1. GENERAL PROVISIONS

1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor regulations in the Company with limited liability 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, the working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in society.

1.2. These Rules are a local normative act developed and approved in accordance with labor law 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 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, labor contract, 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, 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 starting work (the beginning 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 safe methods and methods of 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 disaster or technogenic nature, 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 in accordance with state regulatory requirements 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 the event of suspension for a period of up to two months of the special right of an employee (licenses, rights to manage vehicle, the right to bear arms, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill the 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 job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job) that 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 are 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 full payment wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the 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 public holidays paid annual leave;

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;

Improve your professional level through systematic self-study special 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 work with harmful and (or) hazardous conditions work, - 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, trustee) who has a child under the age of 14 (a disabled child under the age of 18);

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

A woman on parental leave until the child 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 clauses 7.5 and 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;

In the production of social 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. Certain categories of employees, in cases stipulated by the Labor Code of the Russian Federation and other federal laws, are granted annual paid leave at their request at a convenient time 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 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 line of duty military service, or as a result of a disease 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-term and flawless 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 the event of the dismissal of an employee who gave a written commitment 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.

Internal labor regulations (BTR) are necessary for any employer. They help discipline employees and eliminate unnecessary labor conflicts. From our article you will learn about the components of this document and the regulatory requirements used in its development.

Labor schedule of the organization

Internal labor regulations are necessary for both employees and employers. Most employers independently develop this document and can indicate all the necessary aspects in it. Such freedom is not available to state institutions - strict regulations are provided for their internal labor regulations. For example, the VTR rules for employees of the central office of the Federal Service for Regulation of the Alcohol Market were approved by order of the Federal Service for Alcohol Regulation No. 247 dated August 11, 2014.

The internal labor regulations of commercial firms and individual entrepreneurs are created on the basis of labor legislation, taking into account internal specifics. At the same time, the fundamental term of this local act is the labor schedule, which is directly related to the definition of labor discipline: it is obligatory for all employees to obey the internal rules of conduct.

IMPORTANT! The definition of internal labor regulations is given in Art. 189 of the Labor Code of the Russian Federation: a local normative act containing the basic rights and obligations of the parties to an employment contract, the mode of work and rest, penalties and incentives, and other issues of regulating labor relations.

More about the concepts given in Art. 189 of the Labor Code of the Russian Federation, read the material "St. 189 of the Labor Code of the Russian Federation: questions and answers " .

Based on this definition, the internal labor regulations can be drawn up as a separate local act, which all employees get acquainted with against signature. However, it will not be considered a violation, for example, the inclusion of a procedure in the form of a separate section or annex to a collective agreement (Article 190 of the Labor Code of the Russian Federation).

If the employer does not have special requirements for employees, and all the rules of the VTR are reflected in employment contracts, the provision on bonuses or internal instructions, the employer may limit himself to these documents and refuse to draw up separate rules internal labor regulations.

Basic rules of VTR

When developing the rules of internal labor regulations, it is necessary to proceed from those listed in Art. 189 of the Labor Code of the Russian Federation of important constituent elements for him, while not forgetting about corporate nuances. Each employer decides for himself in what volume and composition this document will be drawn up.

• general provisions (appointment of the rules, development goals, areas of distribution and other organizational issues);
• hiring and dismissal of employees;
• rights and obligations of the employer and employees;
• labor discipline (penalties and incentives for employees);
• final provisions.

The first (general) organizational section, in addition to the above, may include terms and definitions used in these rules.

The description of the procedures related to the admission, transfer or dismissal of employees can be supplemented by a list of documents required from the employee when applying for a job and drawn up in the company itself in the course of the employee's labor activity.

For information on what these documents can be, read the article. How is an employee hired? .

IMPORTANT! Art. 68 of the Labor Code of the Russian Federation, and the dismissal process requires compliance with the requirements of Art. 77-84.1, 179-180 and other articles of the Labor Code of the Russian Federation.

When developing rules regarding the rights and obligations of the employer and employees, not only a formal transfer is required, but also verification of their compliance with the requirements of labor legislation (Articles 21, 22 of the Labor Code of the Russian Federation).

Infringement of the rights of employees, as well as the imposition of excessive duties on them by the employer, is unacceptable. In this regard, the content and composition of the rules of the VTR can be significantly influenced by the trade union committee or other body that guards the legitimate interests of employees.

VTR Rules on Working Time and Rest Periods

The periods of work and rest in the rules of the VTR are described separately. First of all, employees must know the start and end times of work, as well as the duration of lunch and regulated breaks. An employee who is not familiar with the work schedule may be systematically late and not suspect that he is violating labor discipline.

From the VTR rules, employees find out which days of the week are considered days off, and find out the nuances of the onset and duration of the next calendar vacation.

If the work is organized in shifts, all temporary work aspects are subject to reflection: the number of shifts per day, their duration, the start and end time of each shift, etc.

If the employer does not draw up a separate local act on irregular work, the VTR rules must specify at least a list of positions with irregular working hours and the conditions for the performance of duties by employees outside the normal working hours.

IMPORTANT! According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is recognized as a special labor regime, when employees are involved in work outside the time frame of the working day.

It should not be forgotten that it is necessary to take into account the time worked in excess of the normal working day. To keep such records obliges the employer Art. 91 of the Labor Code of the Russian Federation. You can organize this process using any self-developed form or the usual unified forms T-12 or T-13.

You can download forms and samples of unified forms of time sheets on our website:

• "Unified form No. T-12 - form and sample" ;
• "Unified form No. T-13 - form and sample" .

IMPORTANT! Irregular work is not paid at an increased rate, but is rewarded with additional leave (at least 3 days under Article 119 of the Labor Code of the Russian Federation). The maximum number of days of such rest is not regulated by law, but its duration, established by the employer, must be fixed in the schedule.

The representative of the trade unions should check the content of the VTR rules for the presence of a clause in respect of which workers cannot be subject to irregular working conditions. These include, in particular, minors, pregnant employees, disabled people, etc.

Important "disciplinary" section

Compliance with labor discipline is one of the most important issues requiring scrupulous study. Without this rule, the VTR will be insufficient and incomplete. They pay special attention to the disciplinary issue, and in some industries they are not limited to the section of the rules of the VTR, but develop separate provisions or disciplinary charters.

The disciplinary section consists of 2 parts: on penalties and rewards. The section on penalties is based on Art. 192 of the Labor Code of the Russian Federation, in which a disciplinary offense is defined as non-performance or improper performance by an employee of labor duties, which may be followed by 3 types of penalties (remark, reprimand and dismissal). There are no other penalties under the labor law.

Read more about the disciplinary sanctions provided for by the Labor Code of the Russian Federation in the material. "Types of disciplinary sanctions under the Labor Code of the Russian Federation" .

We can talk about additional penalties only in cases of imposing special disciplinary liability on an employee. They are indicated in federal legislation or disciplinary charters for certain categories of workers (part 2 of article 192 of the Labor Code of the Russian Federation). An example is the law “On the State Civil Service” dated July 27, 2004 No. 79-FZ, which includes a warning about incomplete compliance and dismissal from a substituted civil service position as an additional penalty.

IMPORTANT! According to Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction will be legal if the employer follows a certain procedure (requires a written explanation from the employee, draws up an act, issues an order, etc.).

The rules of the VTR must also provide for all cases when a disciplinary sanction is removed (Article 194 of the Labor Code of the Russian Federation).

The VTR rules may not contain a section on incentives if this issue has already been reflected in other local acts of the employer.

If this issue is not discussed anywhere, the VTR rules should at least reflect information on the types of incentives (thanks, bonuses, etc.) and the reasons for material or moral incentives (for work without marriage, etc.).

IMPORTANT! The section of the internal labor regulations devoted to incentives allows you to fearlessly take into account bonuses and incentive allowances as part of salary expenses when calculating income tax (part 1 of article 255, clause 21 of article 270 of the Tax Code of the Russian Federation).

Who will benefit from the standard VTR rules and how to take into account corporate nuances

When drawing up the internal labor regulations, you can apply not only your own internal developments, but also the Model Internal Labor Regulations for workers and employees of enterprises, institutions, organizations, approved by the USSR State Committee for Labor dated July 20, 1984 No. 213, in part that does not contradict the Labor Code of the Russian Federation.

The standard routine created in the 1980s needs to be adjusted to meet modern requirements. For example, the internal rules of a modern employer may be based on the above model rules and include Additional information associated with the specifics of its activities.

The VTR rules include separate parts that describe, for example, the scheme for using magnetic passes and compliance with the access control, as well as the requirements for the appearance of employees (mandatory wearing uniforms with the company logo or its elements during working hours, etc.). In addition, it would not be superfluous to describe the requirements for the internal corporate culture of employee behavior (the format of telephone and personal communication with customers, the rules for holding working meetings and discussions, etc.).

Example

XXX LLC, improving its security system, has introduced access control in the office. The intra-company labor regulations developed earlier on the basis of Decree No. 213 were corrected - supplemented with a chapter on access control issues with the following content:

“7. Access mode and work with magnetic passes.

7.1. Passage to the office of the company and exit from it are carried out by employees by means of a magnetic pass "Protection-M1". Obtaining a pass is carried out in the security service of the company (room 118) against signature.

7.2. In case of loss or damage to the pass, the employee must immediately inform the Deputy Security Director.

7.3. The employee who received the pass is liable for its damage or loss. The employee is obliged to reimburse the cost of making the pass if, after an investigation by the security service, the employee’s fault in its damage or loss is confirmed.

You will find the full text of the chapter on access control in the sample internal labor regulations cited in this article.

Whatever method the employer uses to compile this document, the main condition is compliance with the law established requirements and a description of any necessary specific features due to the nature of the employer's main activity.

Results

The internal labor regulations - 2019, a sample of which you can download on our website, are needed by all employers. When developing them, it is necessary to be based on the requirements of labor legislation and take into account the specifics of the main type of activity carried out.

Properly drawn up labor regulations help not only to discipline employees and avoid labor conflicts, but also to justify for the inspection authorities the incentives paid to employees, stimulating them to perform their labor functions with high quality.

Which by general rule must develop and approve companies regardless of their organizational and legal form, as well as individual entrepreneurs. However, there are exceptions for some categories. In particular, employers - individuals who are not individual entrepreneurs - should not have labor regulations.

Often, when meeting the abbreviation PWTR, employers do not understand what kind of document they are talking about. PVTR (decryption) is the internal labor regulations. When developing this document, it should be borne in mind that for certain categories of employees, charters and regulations on discipline are provided, established by law. However, they do not replace the internal regulations. If the employer works in this industry, then when developing the rules, he is obliged to take into account the norms of these documents. Thus, labor discipline (the internal labor regulations should include the necessary information) is provided for workers in maritime transport, railway transport, for employees of companies using nuclear or atomic developments in production.

Who approves the internal labor regulations of the organization?

A unified form of rules has not been approved, so the employer develops them independently, on his own. Thus, the answer to the question will be as follows - the internal labor regulations are approved by the employer.

It is often problematic for employers to develop such a document from scratch. When drawing up the rules, you can focus on the Model rules of internal labor regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the USSR State Labor Committee No. 213 of July 20, 1984. However, do not forget that the model rules were approved more than thirty years ago and are partially outdated .

Internal regulations (you can download a sample document at the end of the article) should regulate the main issues of labor relations. So, in the rules it is necessary to consider the main obligations and rights of the parties, incentive measures and the procedure for imposing penalties. In addition, the internal labor regulations are adopted to maintain discipline in the team, coordinated and efficient work, and contribute to an increase in productivity in production.

Internal labor regulations (sample)

Inside, like most documents, the rules are divided into logical parts (sections, paragraphs, subparagraphs, etc.). What information should be included in the document? As a rule, the internal labor regulations of the organization contain the following sections:

• general provisions;
• the rights and obligations of the employee;
• the responsibility of the parties;
• wages at the enterprise;
• the procedure for receiving employees, transfers, relocations;
• the procedure according to which the employment contract is terminated;
• the procedure for making and entering into force changes.

The draft PWTP drawn up by the employer (sample below) must be sent for consideration by the representative body of employees (if any). In its absence, the internal regulations are approved by the employer independently.

The employer must endorse and sign the drafted and agreed Rules. Rules must contain such requisite as "Signature". Who approves the internal labor regulations of the organization? As a rule, the person who made them, that is, the head of the personnel department, personnel department or the general director, signs the rules.

Before signing the internal regulations of the organization, the document must be agreed with one of the interested employees - for example, it can be a lawyer or a head of human resources. This is not a mandatory procedure, it all depends on what procedure for adopting the provisions is established by the employer.

Order on the approval of the PVTR (sample)

After the document is endorsed by the concerned employee (if necessary) and approved, the labor regulations must be put into effect. The rules themselves may provide for a special approval column, or the employer may issue a separate order on the internal labor regulations.

The order must include the following information:

• The date from which the document was put into effect;
• A responsible employee who must familiarize employees with the document under signature, and will also monitor the relevance of the document (this may be the head or specialist of the personnel department).

How often are the Internal Labor Regulations approved? Can an employer make changes to an approved document? The employer can make changes to the document if the need arises. This may be due to the revision of the terms of payment of wages, the time of the beginning or end of the working day, the list of disciplinary sanctions for a particular violation or, conversely, rewards for certain achievements.

In addition, there is another reason to change such a document as the internal labor regulations - the Labor Code of the Russian Federation. The document must comply with the current legislation, but it takes time to make changes. It is advisable to provide a clause in the rules that would stipulate changes to the document in this case. Changes to the internal labor regulations are approved and made as necessary. There are no restrictions on the number of changes, time intervals between changes, by law.

You can download the internal labor regulations below. It is advisable to place a copy of the approved document in a place accessible to employees so that in case of questions, everyone can familiarize themselves with the document.

The use of hired employees by an economic entity requires the organization of their work activities. To do this, it is necessary to form a schedule of their working hours, as well as determine the order of holidays. In addition, the rights and obligations of both parties to the labor agreement are subject to mandatory documentary fixation. This information is subject to coverage in the Internal Labor Regulations (IRTR).

The concept of internal labor regulations, their legal basis

PVTR is a normative act of local significance, which fixes the organization of work activities at the enterprise. That is, the PVTR is a document that regulates the entire labor process within a particular business entity.

Based on the Labor Code of the Russian Federation, in particular, Art. 189 and Art. 190, such a set of rules is developed by the manager of the enterprise or an authorized entity based on a sample of internal labor regulations. At the same time, based on the Decree of the State Standard of the Russian Federation No. 29 of December 30, 1993, PWTR are mandatory for any enterprise. The approval of the internal labor regulations is based on the order of the company's manager.

In Art. 189 of the Labor Code of the Russian Federation are fixed important points to be disclosed in the internal labor regulations of the organization. They are:

• the procedure for accepting and dismissing a subject from work;
• rights and obligations of employees and management of the company;
• responsibility of the parties for non-fulfillment of their work duties;
• working day schedule;
• vacation schedule;
• a list of ways to encourage employees;
• a list of violations that will be the basis for applying a disciplinary sanction to the employee;
• any other items on labor issues that management deems necessary for documenting.

The structure of the internal labor regulations

The structure of the internal labor regulations in 2018 is not strictly regulated. However, the most convenient and consistent version of the statement of the rules is as follows:

1. General provisions. It discloses information about the purpose of the current act, its scope, as well as situations in which a revision of the set of rules is possible.
2. The procedure for the admission and procedure for the dismissal of employees of the organization. Displays a list of required papers that an employee must provide when hiring. The algorithm of actions is disclosed if it is necessary to temporarily replace an absent employee (vacation, long-term illness, etc.).
3. Rights and obligations of employees and management of the company.
4. Schedule of working hours and order of holidays. Reflects the time limits of one work shift, lunch break, the number of days off and holidays, as well as a list of positions or employees with an irregular work schedule (subject to the presence of such subjects).
5. The procedure for calculating and issuing wages.
6. The procedure for holding both parties liable in the event of a disciplinary violation.
7. The procedure for incentive measures applied to employees by decision of the organization's management.
8. Additional items, the presence of which is mandatory, in the opinion of the management.
9. Final provisions.

• the period during which the employee is required to provide sick leave immediately after discharge;
• how long before the planned exit from the decree, the woman must notify the employer;
• whether it is necessary for the employee to perform his labor duties on the day of arrival or departure on a business trip;
• the nuances of transferring the work area to another employee upon dismissal of the current frame;
• the procedure for the responsibility of employees for non-compliance with the internal requirements of the enterprise, for example, for the use of profanity or non-compliance with the dress code.

The structure of the internal labor regulations of the organization is common to all enterprises, despite the different types of activities. The content of the paragraphs will be excellent, based on the specific industry in which the organization operates.

Practice shows that the majority of employers, when developing the PVTR, rely on the PVTR model - the Model Rules, which were enshrined in the Decree of the State Labor Committee No. 213 of 07/20/1984. However, due to the considerable time that has elapsed since the date of this document, some of the provisions of the Model Regulations are outdated. This encourages managers to take the initiative and independently determine the additional provisions of the PWTR at their enterprise.

Based on the Labor Code of the Russian Federation, in particular Art. 190, the drafted document must be approved. So, the rules of the internal labor schedule are approved by order.

Prior to the direct approval of the PVTR, the paper must be verified by the manager with the trade union, if there is such a formation in the structure of the company.

Rights and obligations of employees in accordance with the internal labor regulations

In the PWTR, the following duties of the employee are recorded:

1. Conscientiously and honestly carry out their service in the enterprise.
2. In the course of the labor process, be guided by the rules for labor protection, fire safety and observe labor discipline.
3. Maintain order in the workplace in accordance with the requirements of hygienic and sanitary standards.
4. Come to the workplace at the appointed time and leave it also at the time established by the regulations. Use the length of the working day for the direct performance of their work duties.

There are also the following employee rights:

1. Registration or termination of an employment agreement with an employer in the manner prescribed by the legislation of the Russian Federation.
2. Have a workplace equipped with the required functional elements for the full performance of work duties.
3. To be a protected employee of the organization in the context of labor protection and the trade union.
4. Receive regular remuneration for the work performed within the framework of their qualifications and skills.
5. To have the opportunity to receive additional information of a professional nature to improve their own qualifications in the manner prescribed by the Labor Code of the Russian Federation.
6. Protection of labor rights and personal freedoms by legally approved means.
7. Compensation for damage that was caused to the employee in the course of the performance of his labor duties, as well as compensation for moral damage that was received during work.
8. Possibility of social and medical insurance.

Recommendations for the design of internal labor regulations

PVTR in 2018 do not have a clearly regulated form. Therefore, the head has the right to use the free form of the document.

The legally correct registration of the PVTR requires the presence of certain details. These include:

• the full name of the company, as well as the generally accepted abbreviation or abbreviation;
• the name of the document being compiled;
• all the details of the document on the basis of which the PVTR is approved;
• consecutive numbering of each page of the act.

When there are annexes to the main text of the rules, it is necessary to adhere to the following recommendations for their design:

• appendices are a continuation of the main text. This means that they are recognized as an integral part of the document;
• it is necessary to indicate the full name of the application, as well as full and abbreviated details of the document to which they are an addition;
• the number of application pages corresponds to the numbering order of the main text, that is, the numbering of the entire document is continuous.

When approving the internal labor regulations, their firmware and company stamp is not a mandatory procedure. Failure to do so is not a violation.

The only mandatory requirement for drawing up the employer's internal labor regulations is to familiarize the employee with this document at the stage of employment. This provision is enshrined in the Labor Code of the Russian Federation, namely, in Art. 68.

Familiarization with the PVTR is recorded by the personal signature of the subordinate. It must be entered in a special register (if there is one at the enterprise) or the employee must personally write a receipt on familiarization with the document and consent to the performance of these duties. When making changes to the internal labor regulations, the signature of each employee on re-acquaintance is also required.

Responsibility for violation of internal labor regulations

The absence of this act at the enterprise is an offense. Based on the Code of Administrative Offenses, namely, on Art. 5/27, the absence of a PVTR and / or an order for a PVTR entails administrative responsibility. It can appear in the following forms:

• verbal or written warning from government officials;
• accrual of a company fine in the amount of 70,000 rubles.

In addition, the absence of PWTR entails possible difficulties in resolving controversial issues of conflicts that arise between the employer and the employee. In the event of a conflict situation, the employee may refer to his lack of awareness about the organization of labor. This argument can become decisive in the event of a lawsuit if a particular employee was fired for violation of labor duties. This case is especially common when changes were made to the PVTR, but the employee’s re-signature is not listed anywhere.

The requirement for an employee to perform their labor duties in accordance with local regulations is enshrined in the Labor Code of the Russian Federation, Art. 21.

Violation of the STRP by an employee may entail the following liability for him:

• disciplinary sanctions, which, in case of especially malicious violations, can develop into dismissal;
• the use of financial leverage (deprivation of bonuses).

The official imposition of a fine is an extremely complex procedure, which, in many practical cases, is illegal. Often, the management of the enterprise prefers to use the reduction in employee bonuses as a penalty. At the same time, an official paper on the accrual of such a fine is not drawn up and is an oral verdict of the manager.

In accordance with the complexity of the offense committed, the head has the right to combine penalties and apply several punitive measures to the offender at once.

Among other things, the head, based on Art. 193 of the Labor Code of the Russian Federation, is obliged to request from the employee a written explanation of his actions and only upon receipt of an explanatory note draw up a regulatory paper on holding the employee liable.

The nuances of the internal labor regulations

This document is compiled on the basis of the PWTR sample and is valid for a long time, in accordance with the period of the enterprise's activities. Due to its long-term nature, at a certain stage of its existence, the document will need to be finalized and corrected.

Thus, amendments to the PVTR in 2018 are formalized by a memo addressed to the company's management staff. On this basis, the head draws up an act where responsible persons are appointed for the preparation of a new set of rules.

Since the process of making adjustments to this document is not regulated anywhere, it is strongly recommended to follow the same procedure as in the initial drafting of the set of rules.

It is important to remember that when any changes are made to the PWTR, it becomes necessary to issue a new order on the PWTR, as well as familiarize all employees with the new rules.

Thus, the internal labor regulations are a mandatory document for the enterprise. It is compiled by the head or a person authorized by the management. In order to correctly draw up a document, it is recommended to use a sample of internal labor regulations. The absence of a PWTR leads to uncoordinated work and, in the event of a conflict, the absence of an evidence base for the correctness of any of the parties.

Labor schedule- this is the procedure for the relationship between the company-employer and its employees, which determines the conditions for hiring and dismissal, the use of working time, rest and other issues related to the internal organization of labor.

The main purpose of creating a work schedule is to establish control over joint work activities, bringing the work of the team into the overall strategy of the company, taking into account the characteristics of a particular business industry and enterprise.

Most the best workers- Entrepreneurial employees. They are full of new ideas, they are ready to work hard and take responsibility. But they are also the most dangerous - sooner or later they decide to work for themselves. At best, they will simply leave and create their own business, at worst, they will take your information, a pool of customers and become competitors.

If you are already a subscriber of the magazine " CEO”, read the article

The labor schedule developed and approved by the head of the company coordinates the relationship both between employees and between the employer and his employees, and also forms labor discipline.

The labor regulations regulate the following issues:

• the procedure for conducting the production process and control over the quality of the goods / services produced, carried out in the conditions of fulfilling all the requirements of labor legislation;
• the order of hierarchical relationships and norms of behavior within the work team;
• working time and its use, regulation of breaks between work.

Compliance with the internal labor regulations of the organization is one of the main conditions of the employment contract / agreement.

Labor discipline and internal labor regulations have a clear relationship. The first concept determines the implementation of the second within the legal framework that regulates the rights and obligations of the parties, the employee-employer, as well as the consequences for a responsible or irresponsible approach to work duties.

On the other hand, without the implementation of internal labor regulations, there is no labor discipline, and all processes of joint activity are very unstable. Consequently, the internal labor regulations of the organization must be observed by the members of the team, for whom this work is the main labor resource, and by those who are employed on a part-time or temporary schedule, and by the employer himself. The basis for the internal labor regulations is the control over the full compliance with the requirements established regarding the labor procedure.

What is the basis of the work schedule of the organization

The legislative basis for the internal labor regulations of any organization is the norms of workers' rights, regulated by various legal acts. The internal labor regulations are formed through the norms of various areas: legal, social, ethics, aesthetics and religion.

The labor schedule of the organization is determined by three types of rules.

1. Technological rules

The rules for the implementation of technical processes are reflected in the internal regulations of the enterprise, approved by the management in order to carry out the work process as efficiently as possible. Technological rules of procedure reflect the requirements for the parties of the employee-employer in the field of the direct process of manufacturing products or providing services.

Technological rules must be observed by all those involved in the technological process at the enterprise, i.e. they are general. These rules of procedure are developed indefinitely and are relevant until the technological process at the enterprise changes through scientific and technical innovations.

Technological rules in the organization of the workflow according to the specifics of the required standards are divided into:

• advisory standards that require the employee to remain vigilant in any situation or resort to additional labor protection measures. These internal labor regulations of an organization of a recommendatory nature are carried out taking into account the specifics of the psychological and physical condition of a person (for example, do not get annoyed, do not be scared, react without negative emotions, etc.);
• norms of positive coercion - rules of procedure binding on the parties of the employee-employer, aimed at controlling the quality of raw and semi-finished materials, the implementation of labor law, the implementation of sanitary norms and rules and compliance with mandatory elements technological process;
• prohibitive rules applicable to both workers and employers. For example, the employer of the organization is prohibited from allowing to work persons who do not have sanitary book, the employee is prohibited from taking part in the production process without an individual protective suit, etc.

Having a developed set of technological rules, the employer of the organization guarantees himself the final result of the work process. According to numerous opinion polls, for workers, the presence of these labor regulations ensures smooth and efficient work in conditions of compliance with labor discipline. The safe and effective participation of personnel in a certain technical process depends on how detailed and understandable the work operations are presented to the employee.

If you study the documentation that regulates the technological rules of the order in the organization, it will be clear that the technological process is a system of various techniques, operations and stages. The technological process can be outlined by a technological scheme, parts of which reflect the implementation of the internal labor schedule of the organization, i.e. rules of conduct for employees in the course of performing their work duties, limited by technological standards.

Local documents in the field of the technical process imply a single goal - the formation of a set of rules for the behavior of workers and the employer, regulated on the legal basis of the internal labor schedule of the organization.

2. Rules of coordination

The next important aspect effective work organization is the coordination of participants in joint labor activity. Coordination rules are formed on the basis of technological rules, but they determine the behavior of workers in the "horizontal" spectrum of relations, i.e. relationships between employees, between managing managers, etc.

Also, the coordination routine is based on social and labor norms (moral and ethical standards of behavior, traditions, legal aspects). For example, according to the internal labor regulations of the organization, the employee is obliged not to interfere with other participants in performing work duties, not to allow behavior that negatively affects the rights of colleagues (such behavior is the use of swear words, fights, smoking in wrong place etc.).

A high level of joint interest of the workers of the organization's team in the results of the overall labor process raises the professional and cultural level, and therefore reduces the need to record additional rules labor behavior in acts on labor discipline. In an established stable team in the implementation of the rules of coordination, the first place is occupied by ethical norms, traditions and customs of the intra-organizational society.

In small, often creative teams, there are rarely conflict situations, especially when in the first place is the unification of actions into a single collective work. Such moral and labor cohesion forms mutually trusting relationship between the participants of the labor process and forms the basis for the rules of coordination, which in turn contributes to a high KPI of production labor.

The rules of coordination in the internal labor regulations of the organization create and maintain the prestige of both the moral and legal aspects of intra-collective relations. If the organization of labor and its disciplines in the company are "lame", then this reflects not only a lack of professional culture, but also a low level of personal behavior of the participants, ignoring moral and ethical standards.

3. Subordination rules

An effective labor process is impossible without the vertical ordering of labor forces, which is also necessary to ensure the timely replenishment of the production cycle with the necessary materials and means of labor. The vertical of relationships in the organization's team is the subordination established in it, i.e. relationships built on the authority of the authorities of its individual representatives.

Subordination and control over employees guarantees the placement labor resources and implements the interests of the workers themselves in accordance with the goals and objectives of the head and business owners. That is why the existence of power and control over the actions of workers in the course of the production process is accepted by the majority of workers as a prerequisite for joint activities, and not burdensome submission or pressure, ignoring their rights. The maintenance of common interests becomes even more evident if individual representatives of the leadership hold their positions on an elected basis.

The rules of subordination in the work schedule of the organization should be based on the legal framework. For example, the Labor Code states that the fulfillment of the instructions of the enterprise's management is the obligation of employed persons. Methodological and organizational models, job descriptions, internal regulations on the appointment of powers of representatives of the administrative staff of the organization are developed by employees-managers, whose competence includes both management of the work activities of performers and subordination to the sole managing body.

l>

How the rules of the organization's labor schedule are developed

Internal labor regulations - internal normative document organizations developed in accordance with labor and other federal legislation and regulating the procedure for employment and exclusion from the staff of employees, the rights and obligations of the parties the employee-employer prescribed in the employment contract / contract, the use of working time and rest time, methods of encouragement and punishment, and others issues in establishing labor relations at the enterprise.

This document of the organization is based on the norms established by the Labor Code of the Russian Federation, and is subject to execution by all employed employees. Obviously, the developed Labor Regulations should not adversely affect the labor rights of employees or be drawn up without taking into account current legal requirements. For example, it is a mistake to make entries in the document such as “an employee on probation is not entitled to allowances”, “an employee of an organization can divide the vacation time into parts”, and so on.

Authorized representatives of the working part of the state must take part in the development of the Rules of Order, or the document must be agreed with them before approval by its head. The following order of development of the Rules is often used:

1. Issuance of an order on the development of the document "Internal labor regulations" indicating in it an authorized person (or a group of persons - a commission) that controls the implementation of the project.
2. This order obliges the authorized person to appoint representatives of the working part of the state (for example, by voting or questioning). The time is determined within which official representatives of the commissions on the part of the collective and on the part of the employer must be appointed.
3. The terms for the creation of the Internal Labor Regulations of the organization are established.
4. The authorized persons listed in the order confirm their consent with a personal signature and are accepted for its execution.

The plan of the internal labor regulations of the organization is developed in free form, but should contain the following sections:

• general provisions of the schedule;
• rules and stages of hiring new employees, moving and expelling employees from the staff, developed taking into account the Labor Code of the Russian Federation and other regulatory legal federal acts;
• key rights and obligations of the parties to labor relations employee-employer;
• the use of working time in the organization of the labor process (in accordance with article 100 of the Labor Code of the Russian Federation);
• regulation of working breaks for rest, meals (in accordance with article 108 of the Labor Code of the Russian Federation);
• a list of positions working in an irregular mode (in accordance with article 101 of the Labor Code of the Russian Federation);
• conditions for granting additional vacation time for persons in positions with an irregular work schedule (in accordance with Article 119 of the Labor Code of the Russian Federation), or provided for certain merits in work;
• the day of the month of calculation for the work performed with the employees of the organization (in accordance with Article 136 of the Labor Code of the Russian Federation);
• key points that enshrine the rights, duties and responsibilities of workers;
• key points that establish the rights, duties and responsibilities of the employer;
• methods of encouraging employees of the organization for achievements in work;
• measures for imposing responsibility for non-compliance with the rules of the labor order and the sanctions applied in this regard;
• other aspects that form labor discipline in the organization.

When signing an employment agreement / contract, an employed employee undertakes to comply with the current Internal Labor Regulations of the organization, and the employer has the right to demand their proper implementation.

Documentation of the Labor Regulations of the organization can be either in the form of a separate internal regulation or in the form of an annex to the collective agreement. In the second case, authorized representatives of the working staff, in the course of the adoption of the collective agreement, have the right to demand that adjustments be made to the Internal Labor Regulations and fix the corresponding changes in the Annex to the collective agreement. If the sole executive body of the organization does not agree to satisfy this requirement, authorized representatives may resort to the procedure of a labor collective dispute or file a complaint with the relevant authorities for subsequent consideration in court.

Thus, authorized representatives of the working staff may demand (by applying to the court) the abolition of paragraphs of the Labor Regulations of the organization that do not comply with current legislation, as well as the execution of the Rules in the form of an annex to the collective agreement (by applying to the head of the organization).

A document drawn up in the form of a separate internal provision differs from the Internal Labor Regulations drawn up in the form of an annex to a collective labor agreement only in the order of approval and amendments.

Management may also develop annexes to the organization's internal labor regulations. The need to create annexes to the Rules is a consequence of the fact that the Labor legislation is constantly undergoing additions and clarifications, the reflection of which must necessarily be implemented in the internal labor regulations of the enterprise. So, the appendices to the document on the labor schedule are:

• list of positions working in irregular mode;
• a list of jobs that require employment in an irregular schedule. The total working hours for the accounting period (30 days, 60 days, etc.) must not exceed the norms of working hours established by labor legislation;
• a list of works, the execution of which implies the division of the work shift into separate time intervals;
• a list of works, as well as premises reserved for rest and food, according to the conditions of production for which it is not possible to provide time for rest and food;
• a list of works for which it is mandatory to provide additional breaks for heating or rest with the rationing of these breaks;
• a list of possible situations that may become the basis for the postponement or extension of annual paid vacation time;
• a list of possible situations that may become the basis for granting vacation time without pay;
• a list of works and official units of the organization's staff that require the mandatory conclusion of an agreement that fixes the full liability of the employee.

The order of the internal labor schedule of the organization should be available for review to all employees. To do this, a copy of the document is posted, for example, on a bulletin board.

How and by whom the internal labor regulations at the enterprise are approved

As Article 190 of the Labor Code of the Russian Federation dictates, the internal labor regulations are approved by the sole executive body of the organization with the consent of the committee representing the interests of the working staff. The approval of the document is carried out in the order of the adoption of internal regulations and acts of the organization, corresponding to Article 372 of the Labor Code of the Russian Federation.

Before the adoption of the Internal Labor Regulations, the employer sends a draft document to the trade union representing the interests of persons working at this enterprise. The head of the organization receives a written response with the opinion of the trade union within five days from the date of sending the project.

The trade union may reject the draft Labor Regulations or require amendments, which will be recorded in a written response to the head of the enterprise. The employer either agrees with the opinion of the trade union, or consults with the elected body within the next three days to adopt the best version of the document.

In the event that a solution acceptable to all parties cannot be found, the disagreements are recorded. After that, the employer approves his version of the Labor Regulations, which can be appealed to the state labor inspectorate or in court. At the same time, the elected committee of the representation of the state of workers has the right to resort to the procedure of a collective labor dispute in the manner regulated by the current labor legislation.

After receiving a complaint from an elected committee representing the interests of workers, the state labor inspectorate is obliged to check the employer for violations within the next 30 days. All identified inconsistencies with legal requirements in the field of labor protection are recorded in the order to the head of the organization to abolish the document he entered, which he is obliged to fulfill.

In the absence of a permanent elected committee representing the interests of the working staff, the draft Labor Regulations of the organization are subject to evaluation by representatives of the workers selected in the manner specified in Article 31 of the Labor Code of the Russian Federation. If employees ignore their right to elect a representative of interests, the employer approves the Rules without additional approvals.

How to supplement or change the Labor Regulations

Changes in the technological process, mode of operation, the emergence of additional divisions and other changes in the work of the organization require adjustments to the Internal Labor Regulations. All changes are made in the same order as the approval of this internal act.

Creates a project plan for changes either by one competent responsible employee, or a working team formed from representatives of the legal and personnel departments of the organization. The project plan goes into the stage of a finished document with the approval of the head on the basis of the relevant order (drawn up in free form). If the organization has a permanent elected committee of representation of the working staff, then all adjustments are preliminarily agreed with it, except for cases in which the Labor Regulations have the form of an annex to the collective agreement (Article 44 of the Labor Code of the Russian Federation).

After making changes, the Internal Labor Regulations of the organization are transferred to the assessment of its provisions to the trade union, which makes its written decision within the next five days. If the trade union does not approve the changes, a procedure similar to the initial approval of this internal act follows. The result should be a document, the provisions of which are accepted by all parties to the employment relationship.

When the Labor Regulations are drawn up in the form of an annex to the collective agreement, then all changes to it are carried out in the same manner as the adjustment of the agreement itself.

After all necessary changes have been made to the Rules, with new version the document is familiarized with all employees of the organization (with a signature sheet). Thus, the staff of the company gets acquainted with the Rules in a planned manner, and newly adopted ones - in the course of hiring.

What mistakes are unacceptable in the development of the Internal Labor Regulations of the organization

Often, a personnel audit reveals the following common mistakes that occurred during the development of the Rules.

Requirement of additional documents. The list of documents required for employment is given in Article 65 of the Labor Code of the Russian Federation, which the head of the organization does not have the right to supplement on his own. Thus, it is forbidden to refuse employment if the employee has not presented the TIN, birth certificates of children, marriage/dissolution, etc.

Checking for the presence of criminal or administrative penalties previously applied to a citizen. As article 65 of the Labor Code of the Russian Federation regulates the certificates, the requirement by the head of the organization or his representative when hiring a new employee from him a certificate of the presence / absence of a criminal record is unlawful. The exception is cases where the future position or activity does not provide for the presence of this aspect. It is also worth remembering that information about criminal records and administrative offenses is confidential and the employer can only obtain them by illegal methods.

There is no clause on the responsibility of the parties the employee-employer. As stated in article 189 of the Labor Code of the Russian Federation, the Labor Regulations of an organization cannot but contain this clause.

If the leaving employee has not passed the bypass sheet, then the settlement with him is not carried out. The rules may regulate the passage of a bypass sheet upon dismissal, but this should not be associated with the final settlement (in accordance with Article 84k1 of the Labor Code of the Russian Federation). So, if on the day of dismissal the bypass sheet does not have all the signatures, then not counting the previous employee is a violation of the law.

The presence in the internal labor regulations of illegal disciplinary measures. Article 192 of the Labor Code of the Russian Federation provides for three types of disciplinary action: reprimand, reprimand, dismissal. Other forms of punishment established by the employer of the organization and prescribed in the Rules of Order (penalties, public reprimand, etc.) are illegal.

Prohibition on part-time work or entrepreneurial activity. The worker has the right to carry out any activity to obtain extra income out of duty.

Other errors in the Internal Labor Regulations of the organization:

• there is no standardized schedule for the beginning and end of the work shift or breaks during work;
• when working on a rotational basis, the employee is given less time to study the work schedule than is established by law (Article 301 of the Labor Code of the Russian Federation);
• the procedure for accounting for working time, summarized for the accounting period, is not reflected;
• it is prescribed that employees can divide vacation only into parts of 14 days and 7 + 7 days or using other division schemes;
• additional leave is not standardized or the time of the main one is less than 28 calendar days;
• the dates of settlement with employees for wages are not prescribed.

The internal labor regulations must combine the satisfaction of the rights of both the employee and the employer. A properly developed document that takes into account all the nuances of labor law is needed by the organization as a valuable system of levers in the management of labor discipline.

Responsibility of employees who violated the internal labor regulations of the organization

Depending on the nature of the work activity, employees can commit three groups of violations:

• technological - non-compliance with production and technological requirements of any form;
• coordination violations of the process of management and subordination - violations in the field of management at the enterprise;
• regime - non-compliance with the established norms of working time or rest time.

For example, being late for work is a regime violation, and the release of defective products is a technological violation.

A committed misconduct requires confirmation by conducting an audit and compiling relevant documentation.

Penalties applied to employees working within the borders of our state are determined by Article 192 of the Labor Code of the Russian Federation. Employee liability can be applied in the form of:

• comments. In the event of a violation of the Labor Regulations of the organization, an act is drawn up, which describes in detail the deed, the measure of disciplinary punishment and an explanatory letter from the violating employee. On the one hand, this method of recovery is not so terrible and strict, on the other hand, it is able to prevent systematic violations by the worker;
• reprimands. In case of a disciplinary violation, the punishment may be a regular or severe reprimand. The reprimand is recorded by the order of the head of the organization, but is not reflected in the work book of the employee (it may record the fact of dismissal, which the employer resorted to due to a systematic violation of labor discipline);
• layoffs. This is the most serious punishment for non-performance of labor duties. Exclude an employee from the staff of the organization due to constantly repeated violations of discipline or due to the commission of a particularly serious offense.

The employer has the right to deprive the bonus employee for committing violations or mistakes. Cases that may cause non-payment of bonuses should be spelled out in the internal regulations of the organization.

Other penalties may be applied by the employer only if they are regulated by current laws.

As dictated Labor Code RF, each employee of the company undertakes to comply with the Internal Labor Regulations of the employer organization and must be familiarized with them and other internal regulations of the company establishing the procedure for labor relations against signature. The employee is liable for non-compliance with labor discipline, and the employer has the right to impose disciplinary liability in the form of any of the legal penalties, depending on the seriousness of the offense.

The penalty is applied to the violating employee no later than 30 calendar days from the date of the mistake. It is unlawful to punish the offender after 6 months after the fact of violation of discipline was discovered or after 24 months if the deed was revealed during the supervisory measure.

The head of the organization has the right to apply only one measure of disciplinary responsibility for a separate offense and cannot fine the violating employee. The deprivation of bonuses does not apply to penalties, because. the accrual of bonuses is an incentive measure.

The procedure for imposing a penalty for violation of labor regulations

1. Drawing up an act on a disciplinary violation. Identified non-compliance with the labor schedule is recorded by the execution of the act. The document is drawn up by the head with two employees-witnesses in 2 copies (for both sides of the employee-employer relationship). The form of the document and the officials authorized to develop it must be approved in the Internal Labor Regulations of the organization.

2. Explanatory note from the employee. An employee who has violated the organization's work schedule must give a written explanation of his actions within the next two days. Refusal to write an explanatory note is recorded in the act. The violating employee should be aware that the provision of an explanatory note does not eliminate the application of disciplinary action against him. After an explanatory or explanatory note received from the offender, a package of documents is formed, which includes it, an act of violation and a report from the direct superior of the offender. Further, this documentation is sent to the sole executive body of the organization for choosing a disciplinary sanction.

3. Order to impose a penalty. The top management, having studied the documentation submitted to it about the violation of the Labor Regulations, makes a decision on the penalty, which is formalized by issuing an order.

The order is drawn up in free form, but it must contain information about the type of violation of the organization’s Labor Regulations, the date it was committed, the time of imposition of disciplinary liability and references to laws governing the lawful actions of the enterprise’s management in this case. The issued order is approved by the head and agreed with the immediate supervisor of the violating employee and a representative of the personnel department.

The work book reflects an order to bring to disciplinary responsibility only when it is a decision to expel employees of the organization from the staff. In the next 3 days, the employee must be familiarized with the document, after which a copy of the order is filed with the offender's personal file.

The head of the organization will not have to worry in the future that his decision on disciplinary action will be appealed by the employee in court if, in the course of analyzing the situation, they correctly measure the degree of violation and the penalties for it.

4. Order to remove the disciplinary sanction. The imposition of disciplinary liability may be removed within 12 months by decision of the management of the organization. Removal, as well as the application of a measure, is formalized by issuing an order, which should reflect its reason. The document is subject to familiarization by the employee in the manner similar to the order on the imposition of liability.

In the event that over the next twelve months the offending employee no longer violated the Labor Regulations of the organization, the punishment is considered canceled.