Internal labor regulations where the employee signs. Internal labor schedule

In accordance with the Labor Code of the Russian Federation, the internal labor regulations are a local regulatory act (LNA), which determines (Article 189 of the Labor Code of the Russian Federation):

the procedure for hiring and dismissing employees;
basic rights and obligations of employees and the employer;
responsibility of employees and the employer;
working hours and rest periods;
employee incentives and penalties;
other issues of regulation of labor relations. For example, the requirements for the appearance of employees, the so-called dress code, can also be determined by the internal labor regulations (hereinafter referred to as PWTR).

Norms of the Labor Code in the PVTR

In the above list, not counting the last item, everything that the internal labor regulations should contain is listed. And if any of the sections is not in the PVTR, labor inspectors will surely notice this during the check and issue an order to eliminate the violation (Appeal ruling of the Perm Regional Court dated 01.10.2014 N 33-8841). However, this does not mean that every employer should transfer half of the provisions of the Labor Code into their labor regulations.

Of course, PVTR are compiled in accordance with the norms of the Labor Code of the Russian Federation and other regulatory acts. After all, if some points of the internal regulations of the organization worsen the position of the employee in comparison with the established labor legislation, then they should not be applied (Article 8 of the Labor Code of the Russian Federation). But when compiling the PWTR, it is important not only to quote the norms of the Labor Code in them, but to try to take into account the specifics of the work of your organization.

Typical PVTR

There are Model internal labor regulations for workers and employees of enterprises, institutions, organizations (approved by the Decree of the USSR State Labor Committee of July 20, 1984 N 213). Theoretically, they can also be used. But since they were approved more than 30 years ago, any employer will have to seriously rework them, taking into account the changed legislation and the specifics of their organization.

What can be specified in the PVTR

One of the simplest examples is the amount of compensation for delayed payment of wages (Article 236 of the Labor Code of the Russian Federation). If you, as an employer, decide to pay your employees compensation in an increased amount compared to that established by the Labor Code of the Russian Federation, this will need to be recorded in the PVTR.

In addition, as noted earlier, the internal labor regulations under the Labor Code of the Russian Federation should spell out the responsibility of employees and the procedure for dismissal. Often, employers indicate in the PWTR a complete list of gross violations, in the event of a single commission of which an employment contract with an employee can be terminated. We are talking about absenteeism, appearing at the workplace in a state of intoxication, etc. (clause 6 of article 81 of the Labor Code of the Russian Federation).

In the same way, for a gross violation, the head of a branch, subdivision or deputy head of an organization can be fired (clause 10, article 81 of the Labor Code of the Russian Federation). But the Labor Code of the Russian Federation does not indicate that there is a gross violation for this category of workers. Accordingly, in addition to gross violations directly named in the Labor Code of the Russian Federation and recognized as such, regardless of who committed them, you can indicate other violations in the PVTR that will be considered as such for employees holding certain positions.

In this matter, one can rely on the position of the RF Armed Forces. He at one time expressed the opinion that a gross violation of the head of an organization, branch, representative office is understood as a failure by such a person to fulfill his duties, in connection with which harm could be caused to the health of employees or property damage to the company (paragraph 49 of the Decree of the Plenum of the Supreme Court of 17.03.2004 N 2).

As you understand, these are just a couple of examples of how to more clearly regulate the relationship between an employee and an employer in the PWTR. The more detailed the internal labor regulations for 2019 are spelled out, the less disagreement you will have with employees.

Who approves the internal labor regulations of the organization

The internal labor regulations are approved by an official of the company, taking into account the opinion of the representative body of workers - as a rule, a trade union organization, unless of course there is one (Article 190, Article 372 of the Labor Code of the Russian Federation). That is, right on the PVTR in the upper right corner, the director can put the visa "I approve", and next to it is his signature, decoding of the signature and the date. Or the internal regulations can be approved by a separate order.

With the internal regulations at the enterprise, the applicant hired must be familiarized with signature even before the conclusion of the employment contract (Article 68 of the Labor Code of the Russian Federation).

What is not regulated by the internal labor regulations

PWTR determine the work schedule of the organization, that is, they contain the general working conditions in this company and the general requirements of the employer for their employees. Each enterprise has labor discipline, and each employee must comply with the internal labor regulations (Article 189 of the Labor Code of the Russian Federation). This, by the way, is directly provided for by the Labor Code of the Russian Federation (Article 21 of the Labor Code of the Russian Federation).

And everything related to the employee's labor function - the position held and the specific duties that he must perform, as well as his workplace, working conditions, etc., is prescribed in the job description or. But not in the internal labor regulations of the organization.

Each organization must have internal labor regulations (Article 189 of the Labor Code of the Russian Federation). Their absence is a violation of labor law, which entails liability for the employer (for example, a fine during an inspection by the labor inspectorate or the prosecutor's office). How to draw them up correctly: legally and beneficially for the employer, what mistakes to avoid, how to properly approve them, change them - all these are questions that arise in practice. We will devote this article to the consideration of these issues.

Legislative regulation

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

The labor schedule of the organization is determined by the internal labor regulations.

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

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

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

The employer is obliged to familiarize employees with the rules when hiring them.

And according to Art. 56 of the Labor Code of the Russian Federation, when concluding an employment contract, the employee assumes the obligation to comply with the internal labor regulations.

Contents of the Internal Labor Regulations

The Internal Labor Regulations should define:

the procedure for hiring and dismissing employees, art. 189, 56-84, Labor Code of the Russian Federation
fundamental rights, duties and responsibilities of employees and the employer Art. 189, 21, 22 of the Labor Code of the Russian Federation
work mode st. 189, 100, section 4 of the Labor Code of the Russian Federation
the procedure for maintaining a summarized record of working time Art. 104 Labor Code of the Russian Federation
rest time breaks for rest and meals, holidays, etc. Art. 189, 108, 109, 110, 111, 119, chapter 5 of the Labor Code of the Russian Federation
list of positions of workers with irregular working hours Art. 101 Labor Code of the Russian Federation
incentives and penalties applied to employees, art. 191, 192 of the Labor Code of the Russian Federation
days of issuance of wages at least every half a month Art. 136 Labor Code of the Russian Federation
other issues of regulation of labor relations in the organization Art. 189 Labor Code of the Russian Federation

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

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

For example, it is impossible to establish the obligation of an employee to leave the vacation at the first request of the management in the event of a production need. According to the law, the consent of the employee is required for recall from vacation.

Another example. A large trading company S. “absorbed” store T. (LLC) in this way: the former founders left the LLC and new founders, the owners of S., entered. The new owners decided to change the working hours of the store employees, making it the same as in the chain of stores S. If before the employees of T. worked on a five-day working week, then according to the new Internal Labor Regulations, they had to work on a six-day working week. And only a year later, when conducting an audit, the new owners of T. store LLC found out that this LLC also had a registered collective agreement, which also fixed a five-day working week. It turned out that the new Labor Regulations thus contradicted the collective agreement. In this regard, the question arose of the need to pay all store employees to work on Saturdays according to the rules for remuneration on a day off for the entire period of the six-day working week.

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

Often at an enterprise (especially for individual entrepreneurs) different documents contain different information about the working hours and the procedure for remuneration. Employment contracts establish one mode of working hours and dates for the payment of salaries, others in the Internal Regulations, in the work schedule their own working hours, and in the Regulations on remuneration and bonuses - their own salary dates and payroll criteria that differ from the staffing table and from employment contracts.

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

When developing the Rules, be sure to set the first duty of the employee to “compliance with the Internal Labor Regulations”. The same obligation of the employee should be duplicated in the employment contract (in the section "Employee's Duties").

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

For violation of the obligations established in the Internal Labor Regulations (provided that the employee is properly acquainted with them), the employee may be subject to disciplinary action. In this regard, I would like to note the following. In practice, personnel officers and lawyers, during inspections by labor inspectors, sometimes come across such an opinion of the latter as the inadmissibility of holding an employee liable for violation of certain duties.

For example, in the Internal Labor Regulations of the company Sh., a requirement for business ethics at work was established, and it was spelled out what should be considered a violation of business ethics (talking in obscene words was one of such violations). When one of the employees was reprimanded for swearing, the labor inspector considered it unlawful, because he considered it unacceptable to recognize the duty to observe business ethics as a work duty, and recommended that, during particularly expressive outbursts of foul language on the part of employees, call the police and hand over the perpetrators for petty hooliganism. The inspector referred to Art. 192 of the Labor Code of the Russian Federation, according to which a disciplinary sanction can be applied for violation of labor duties. But the lawyers of the Employer's company categorically disagreed with the opinion of the inspector and considered that the duty to observe business ethics is precisely a labor duty, in today's market conditions.

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

More examples - on topical issues of clothing at work. The office manager - the face of the company - with the onset of summer begins to go to work in a completely transparent blouse and tight-fitting breeches or shorts, while, according to the Internal Labor Regulations, she must come to work in business clothes, "a business suit consists of a skirt not above the knee straight cut and blouses. Shoes must be closed toe with low heels. Sheer and translucent clothing, denim and sportswear, tight-fitting blouses and trousers are excluded ... ". If, under such Rules, an office manager is reprimanded, and in case of repeated violation, dismissed, then how likely is the danger that the labor inspector or judge will consider this disciplinary action illegal due to the non-recognition of the obligation to wear business work clothes.

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

Again, in such “clothing” cases, most lawyers are inclined to believe that the duty to wear business or company clothes can be considered as a proper labor obligation, provided that the Rules describe what exactly refers to and is understood as business (company) clothing.

We can state that “labor obligation” is an evaluative concept. And among specialists, both in theory and in practice, today there is no unanimity about which duties can be attributed to labor and which cannot. The legislator should answer this question in the near future, and taking into account modern market conditions, in order to stop the non-uniform application and interpretation of the labor law. At present, there is an explanation by the Plenum of the Supreme Court (resolution No. 2 of March 17, 2004), according to which a labor obligation should be considered a violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules etc. (item 35). And from this clarification, we can conclude that almost every duty established in the listed documents should be considered labor. At the same time, we note that the resolutions of the Plenum of the Supreme Court are of an explanatory and recommendatory nature, they are not absolutely mandatory for application, unlike laws.

Often in practice there are cases of refusal of employees to conclude contracts on full liability. The manager is faced with questions: what to do in this case, can they be forced to sign an agreement if they refuse, can they be punished or fired, how can this be done legally. If in this situation everything is left as it is - without contracts, then this means working under the threat of irreparable losses and with a precedent of disobedience to the leadership. If you punish and dismiss, but at the same time violate the law, then big losses are possible, for example, the restoration of those dismissed and the recovery of average earnings for forced absenteeism.

The decision of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 on this matter states the following:

If the fulfillment of duties for the maintenance of material assets is the main labor function of the employee, which is agreed upon when hiring, and in accordance with the current legislation, an agreement on full liability can be concluded with him, which the employee knew about, refusal to conclude such an agreement should be considered as non-fulfillment of labor duties with all the ensuing consequences.

If the need to conclude an agreement on full liability arose after the conclusion of an employment contract with an employee and is due to the fact that in connection with a change in the current legislation, the position held by him or the work performed is included in the list of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full liability, however, the employee refuses to conclude such an agreement, the employer, by virtue of part 3 of article 74 of the Code, is obliged to offer him another job, and in the absence of it or the employee’s refusal of the offered job, the employment contract is terminated with him in accordance with paragraph 7 of article 77 of the Code (refusal of the employee to continue work in connection with a change in the essential terms of the employment contract).

Pay attention to the first paragraph - "if ... agreed upon when hiring." It is when hiring an employee that they are introduced to the Internal Labor Regulations. So, if you are afraid that one of the employment contracts will not indicate this condition on the obligation to service material assets, then you can include it in the Internal Labor Regulations, indicating the list of positions (works) to which this condition applies.

It is recommended that the Internal Labor Regulations indicate not only a list of labor duties, but also a corresponding list of disciplinary violations. This will facilitate in the future the task of the judge (or inspector) in determining whether the act of the employee was a disciplinary violation in this organization.

Some employers, when establishing a list of disciplinary violations, also establish a list of disciplinary sanctions, including deprivation of bonus, reprimand, downgrading, postponement of vacation, etc. It is illegal. Recall that Art. 192 of the Labor Code of the Russian Federation establishes only 3 disciplinary sanctions: remark, reprimand, dismissal on appropriate grounds. Of course, this does not mean that it is impossible to deprive premiums. A bonus is a measure of encouragement, and deprivation of a bonus is a non-use of a measure of encouragement, but not a penalty. Therefore, it is possible to legally deprive bonuses, but write in the Rules that this penalty is impossible.

Familiarization with the Internal Labor Regulations

The developed draft of the Internal Labor Regulations is coordinated with the legal department, the personnel department and other employees and structural divisions, at the discretion of the management. After agreement and approval, the rules are numbered, stitched and sealed!

According to Art. 190 of the Labor Code of the Russian Federation The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. Many lawyers believe that in this case, the representative body of workers is understood as a trade union, or another representative body existing in the organization. So in his absence, the head has the right to approve the Rules personally. We do not agree with this opinion. The code does not say that in the absence of a trade union, the manager has the right to approve the Internal Labor Regulations personally. We believe that in this case, the General Meeting of Employees should be convened, which, in order to take into account the opinion of the team when approving the Rules, will determine for its part the Council of Employees or a representative. The fact that the opinion is taken into account must be documented, for example, by the minutes of the meeting of the Council of Workers.

The employer is obliged to familiarize each employee with the internal labor regulations against receipt when hiring.

Familiarization can take place as follows:

Familiarization sheet to the rules themselves, which is filed along with the rules (if a small organization);
A separate journal is being developed, where all LNA of the Organization can be indicated;
A separate sheet of familiarization with the LNA, which is stored in the personal file of employees (possibly for large organizations).

If a new version of the Rules has been developed, then it is hardly possible to require the employee to sign and comply with the new norms immediately. The fact is that the Internal Regulations, along with the employment contract (for example, in the case of detailing the latter), regulate the essential terms of the employment contract with the employee. And it is possible to change the essential terms of employment contracts only in the manner prescribed by law (Article 72 of the Labor Code of the Russian Federation), subject to notification of employees two months before their introduction. If the innovations concern non-essential conditions, then, I think, apply the article of Art. 72 and there is no need to wait two months.

Legal newspaper for business "COMPANY STRATEGY"

The internal labor regulations (hereinafter referred to as PWTR) are one of the most important (hereinafter - LNA). The presence of this document is regulated by Art. TK RF. This requirement applies to all employers, regardless of ownership. The exception is micro-enterprises. Since 2017, they have received the right not to approve local regulations (Federal law).

PVTR operates only within the framework of one enterprise, concretizing the norms of the Labor Code of the Russian Federation, federal laws and by-laws. Organizations have the right to independently develop a document, based on the requirements of Art. TK RF.

The Internal Labor Regulations must necessarily define:

the procedure for hiring, transferring and dismissing employees,
basic rights and obligations of the parties to the employment contract,
responsibility of the parties for non-compliance with the established procedure,
working hours and rest time,
incentives and penalties.

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

Important: a local regulation cannot worsen the position of an employee in comparison with the norms of federal legislation.

More about some sections

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

Most often this applies to sections on the mode of work and rest. The first one must indicate the start and end time of the working day / shift, the duration of the working week, the number of shifts per day, if the company has adopted a shift work schedule, and other data in accordance with Art. TK RF. Separately, the conditions for working with irregular working hours for certain categories of employees are indicated (Art. Labor Code of the Russian Federation).

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

The same section includes information on days off (Art. Labor Code of the Russian Federation), especially when it comes to shift work. The employer has the right to allocate an additional paid day off, for example, to those employees who receive a second higher education, or mothers with children under 14 years old. Here it is also necessary to indicate in which cases the employee can receive additional annual paid leave (Article TK RF).

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

The PWTR must contain provisions describing the measures of disciplinary responsibility: violations by the employee of labor discipline, the algorithm of the employer's actions, possible measures of responsibility, the procedure for compensation for damage, etc.

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

Registration procedure

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

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

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

The absence or negligence in the preparation of the PWTR can give rise to numerous labor disputes with employees. In particular, the employee will have the right to challenge the violation of the work regime imputed to him by the employer, if the relevant provisions are not spelled out in the PWTR.

RULES OF THE INTERNAL WORK REGULATION

1. General Provisions

1.1. The internal labor regulations of AAAA LLC (hereinafter referred to as the "Enterprise") is a local regulatory act of the Enterprise that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract , working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations at the Company.
The labor schedule of the Enterprise is determined by the Internal Labor Regulations.
1.2. In accordance with the constitution of the Russian Federation - Russia, everyone has the right to work that he freely chooses or to which he freely agrees, the right to dispose of his abilities for work, including the right to choose a profession, type of activity.
Everyone has equal opportunities to exercise their labor rights. Forced labor is prohibited.
Each employee realizes his right to work by concluding an employment contract for work at the Company.
1.3. An employment contract is an agreement between an employee and an enterprise, according to which the employer (enterprise) undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, agreements, local regulations containing norms of labor law, to pay wages to the employee on time and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force at the Company. The parties to the employment contract are the employer - the enterprise and the employee.
1.4. Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, agreements, labor contracts, local regulations of the organization.
Relations at the Company arising from the distribution of rights, duties, responsibility for the performance of duties, the use of rights, the use of incentives and coercion are part of labor relations.
Labor discipline is ensured mainly by the subordination of the employee to the management of the Enterprise (subdivision) and directly to the official specified in the employee's job description.

2. Procedure for admission and dismissal
2.1. Employment in the Company is carried out on the basis of an employment contract.
2.1.1. When applying for a job at the Enterprise, the administration is obliged to require from the applicant:
- submission of a work book drawn up in the prescribed manner;
- presentation of an identity card;
- presenting a diploma or other document confirming the education received or a document confirming the specialty or qualification.
Employment without the specified documents is not carried out.
In order to more fully assess the professional and business qualities of the hired employee, the administration of the Enterprise has the right to offer him to submit a brief written description (CV) indicating the previous places of work and the nature of the work performed earlier, as well as to check the ability to use office equipment, work on a computer, etc.
Employment at the Company can be carried out with the passage of a trial period lasting from 1 to 3 months.
Employment is formalized by order, which is announced to the employee against signature.
2.1.2. When an employee enters a job or transfers him/her to another job in accordance with the established procedure, the administration:
- introduces him to the assigned work, conditions and remuneration, explains to the employee his rights and obligations;
- familiarizes with the rules of internal labor regulations;
– conducts briefings on safety, industrial sanitation, fire protection and other labor protection rules, as well as on the obligation to keep information constituting a commercial secret or official secret of the Company, and responsibility for its disclosure or transfer to other persons.
2.1.3. Employment contracts may be concluded:
a) for an indefinite period;
b) for a fixed period (fixed-term employment contract).
2.1.
2.1.4. For all employees, work books are kept in the manner prescribed by law.

2.2. Termination of an employment contract may take place only on the grounds provided for by labor legislation.
2.2.1. An employee has the right to terminate an employment contract concluded for an indefinite period by notifying the administration in writing two weeks in advance. By agreement between the employee and the administration, the employment contract may be terminated within the period requested by the employee.
2.2.2. A fixed-term employment contract is subject to early termination at the request of the employee in the event of his illness or disability preventing the performance of work under the contract, violation by the administration of labor legislation, labor contract and for other valid reasons provided for by current labor legislation.
2.2.3. An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration may be terminated by the administration of the Enterprise in the following cases:
– agreements of the parties;
– liquidation of the Enterprise, reduction of the number or staff of employees;
- detection of inconsistency of the employee with the position held or the work performed due to insufficient qualifications or health conditions that prevent the continuation of this work;
- systematic non-fulfillment by the employee without good reason of the duties assigned to him by the employment contract, or the internal labor regulations, if the employee was previously subjected to disciplinary or social penalties;
– absenteeism (including absence from work for more than four hours during the working day) without good reason;
– absence from work for more than four consecutive months due to temporary disability;
- reinstatement of an employee who previously performed this work;
- appearing at work in a state of intoxication, in a state of narcotic or toxic intoxication;
– committing the theft (including small) property of the Company at the place of work, established by a court verdict that has entered into legal force or a decision of an authority whose competence includes the imposition of an administrative penalty or the application of measures of public influence.
2.2.4. The transfer by the employee of a letter of resignation of his own free will does not exclude the possibility of his dismissal on another basis, if such a basis exists by the time the employee is dismissed.
2.2.5. The termination of the employment contract is announced by the order of the Enterprise. At the request of the employee, he is issued a certificate indicating the amount of his salary. Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the current legislation and with reference to the relevant article. The day of dismissal is considered the last day of work.

3. Main responsibilities of employees and administration
3.1. Employees of the Company are obliged:
3.1.1 Conscientiously fulfill their labor duties, observe labor discipline, timely and accurately execute the orders of the administration and immediate supervisor, use all working hours for productive work.
3.1.2. Qualitatively and on time to fulfill production tasks and instructions, work to improve their professional level.
3.1.3. Maintain cleanliness and order at your workplace, office and other premises, observe the established procedure for storing documents and material assets.
3.1.4. Efficient use of personal computers, office equipment and other equipment, economical and efficient use of materials and energy, other material resources.
3.1.5. Observe the norms, rules and instructions for labor protection, industrial sanitation, fire safety.
3.1.6. Deliberately not mislead the administration and immediate supervisors with false information related to work activities and circumstances that can affect it.
3.1.7. Report all violations of the law to management.
3.1.8. Comply with all laws and regulations applicable to the scope of the Company's activities.
3.1.9. Comply with established labor standards and production tasks.
3.1.10. Have an appearance that meets the standards of business etiquette:
- in the appearance of employees there should not be catchy and flashy elements, clothes should not look defiant;
- it is forbidden to appear at the workplace in untidy clothes and shoes, as well as in clothes and shoes of home or beach style;
3.1.11. Without the consent of the administration, work part-time in other organizations or perform work for them or provide services under civil law contracts for the activities of the Enterprise.
3.1.12. The range of duties that each employee performs in his specialty, qualification, position is determined by the employment contract and job description.

3.2. The administration is obliged:
- comply with labor laws;
- properly organize the work of employees at their assigned workplaces, provide the necessary supplies and office equipment, create healthy and safe working conditions;
- ensure strict observance of labor discipline, apply measures of influence to violators of labor discipline;
– comply with the conditions of remuneration specified in the employment contract;
- to help employees improve their qualifications and improve their professional skills.
3.2.1 The Administration, in carrying out its duties, seeks to create a highly professional and efficient team, develop corporate relations among employees, their interest in the development and strengthening of the Company's activities.

4. Rights of workers and administration
4.1. Employees have the right:
4.1.1 Make suggestions for improving work, as well as on issues of socio-cultural or consumer services.
4.1.2 For remuneration for work, without any discrimination and not lower than the minimum wage established by federal law.
4.1.3 Rest.
4.1.4 Contact your line manager for any issue, including such as violation of the law or unethical behavior.
4.1.5 In addition, employees enjoy other rights granted to them by labor legislation and the employment contract.

4.2. The administration has the right:
4.2.1 Determine, change and clarify the labor duties of employees based on the production interests of the Enterprise, taking into account labor contracts and labor legislation.
4.2.2 Issue orders and give instructions binding on all employees, as well as demand their strict execution.
4.2.3 Monitor compliance by employees of the Enterprise with labor discipline and compliance with the terms of these Internal Labor Regulations, apply appropriate measures to employees who violate them.
4.2.4 Encourage employees for success in their work.
4.2.5 Apply measures of material and disciplinary liability to the employees of the Enterprise.
4.2.6 Exercise other rights that do not contradict the current labor legislation.

5. Working time and rest time
5.1. In accordance with the current legislation, a five-day working week of 40 hours is established for the employees of the Company with two days off - Saturday and Sunday.
5.2. Engaging employees of the Company to work on weekends is allowed in cases specified in labor legislation and, in particular, to perform urgent, not foreseen work, on the urgent performance of which the normal operation of the Company as a whole or its separate unit depends in the future.
5.3. The working day in the Company is set from 9.00 to 18.00. Employees1: 1st shift – 08.00-17.00, 2nd shift – 11.00-20.00. Employees2 - 10.00-19.00.
In case of production necessity, certain categories of employees are provided with a shift mode of work, which is regulated by separate schedules.
5.3. The beginning of daily work, the time of the lunch break and the end of the working day is set for the employees of the Enterprise, taking into account their production activities and is determined by the employment contract or work schedules approved by the administration of the Enterprise. If the employment contract establishes an 8-hour working day and the nature of the work does not provide for technological breaks, the total time for rest, food and smoking during the working day should not exceed 1 hour.
5.4. On the eve of holidays, the duration of work is reduced by 1 hour.
5.5. If a weekend and a holiday coincide, the day off is transferred to the next working day after the holiday.
5.6. Work on a weekend or holiday is compensated by providing another day of rest or by agreement of the parties in cash, the amount of which is determined individually.
5.7. In case of absence from work for valid reasons (illness of the employee or members of his family, death of close relatives), the employee is obliged to notify the immediate supervisor of the reasons for his absence from the workplace.

6. Salary, Social Security, Benefits
6.1. The remuneration of each employee depends on his personal labor contribution and the quality of work and is not limited to a maximum amount.
6.2. Employees of the Company use all types of state social insurance. Memos and the necessary documents for receiving lump-sum benefits are transferred by the head of the unit to the personnel service. Additional payments and compensations, the procedure for their provision to employees are established by the administration.

7. Vacation
7.1. The duration of the annual paid leave for all employees in accordance with the current legislation is set at least 28 calendar days. The administration reserves the right to divide the vacation into two parts of 14 calendar days.
7.2. The order in which vacations are granted is established by the administration, taking into account the production needs and the wishes of employees.
7.3. Failure to grant annual leave for two consecutive years is prohibited. Replacing vacation with monetary compensation is not allowed, except in cases of dismissal of an employee who did not use vacation.
7.4. An employee of the Company may be recalled from the next vacation, if this is due to production needs. The decision on this can be made by the General Director of the Enterprise on the proposal of the head of the structural unit.
7.5. The vacation schedule for employees of the Enterprise is approved until December 15 of the current year.
7.6. Due to personal and family circumstances, an employee, at his request, with the permission of the head of the Company, may be granted leave without pay.

8. Incentives for success at work
8.1. For the highly professional performance of labor duties, increased labor productivity, long-term and flawless work and other successes in labor, the following incentives are applied to employees of the Company:
- declaration of gratitude;
- rewarding with a valuable gift, cash prize;
- promotion.
Incentives are announced by order, brought to the attention of the team and entered in the work book of the employee.

9. Responsibility for violations of labor discipline
9.1. For violation of labor discipline, the administration applies the following disciplinary sanctions:
- remark;
- reprimand;
- dismissal.
9.2. The administration has the right, instead of imposing a disciplinary sanction, to refer the issue of violation of labor discipline to the consideration of the labor collective. Written explanations must be requested from the employee without fail. An employee's refusal to give an explanation cannot serve as an obstacle to the application of a penalty.
9.3. Disciplinary sanctions are applied immediately after the discovery of a misconduct, but no later than one month from the date of its discovery, not counting the time of illness or the employee's vacation. Penalty cannot be imposed later than six months from the date of commission of the misconduct, and based on the results of an audit or audit of financial and economic activities - no later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.
9.4. Only one disciplinary sanction may be imposed for each violation of labor discipline. When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee should be taken into account.
9.5. An order to apply a disciplinary sanction, indicating the motives for its application, is announced (reported) to the employee subjected to the penalty against signature.
9.6. 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 been subjected to disciplinary sanction.
9.7. A disciplinary sanction may be lifted by the administration on its own initiative, at the request of the immediate supervisor or the work collective, if the person subjected to the disciplinary sanction has not committed a new offense and has shown himself to be a conscientious employee.
9.9. During the period of validity of the disciplinary sanction, incentive measures are not applied to the employee.

10. Consideration of labor disputes
10.1. Labor disputes are resolved in the order of subordination.
10.2. If the dispute between the parties is not resolved, then it is subject to resolution in court.

In this article, we will consider how to correctly draw up and approve the internal labor regulations, how to apply them. Let's look at the mistakes that employers make. And, in addition, we will provide a sample of the internal labor regulations.

The internal labor regulations (hereinafter referred to as the ITR) are a mandatory local regulatory act of the company, regardless of its organizational and legal form and number (,). This is one of those documents that the labor inspectorate requests during the inspection in the first place, and the inspectors pay attention not only to the existence of rules, but also to their design, content and the procedure for familiarizing themselves with employees. Consider how to properly compose, approve and apply them; Let's look at the mistakes that employers make.

Approval of the internal labor regulations and familiarization with them

Error 1

Lack of internal labor regulations. Despite the fact that it is imperative and obliges all employers to approve the internal labor regulations, one of the common mistakes is the absence of this local act. This violation is especially common in small companies, such employers believe that the internal labor regulations are not mandatory for them due to their small number. But this opinion is erroneous, for the lack of internal labor regulations, the employer can be held administratively liable (), regardless of the average number of employees. I would like to note that, perhaps, in the near future, micro-enterprises will be relieved of the obligation to draw up internal labor regulations: the Ministry of Labor of Russia has developed a draft law (draft Federal Law "On Amendments to the Labor Code of the Russian Federation (regarding the specifics of labor regulation of persons working at micro-enterprises) "(prepared by the Ministry of Labor of Russia on September 14, 2015)), under which legal entities and individual entrepreneurs with up to 15 people) will be able to refuse to approve local regulations. But the bill has not yet been adopted, and the employer cannot currently use it.

Mistake 2

Approval by an unauthorized person. To determine the procedure for approving the internal labor regulations, it is necessary to refer to the charter, it is in the charter of the company that it is written, to whose competence the approval of local acts is assigned. Analyzing the practice of conducting a personnel audit, we can conclude that in many companies the internal labor regulations are not approved properly. By the charter, the approval of local acts is referred to the competence of the general meeting of the company's participants, and in fact the document bears the signature of the general director. This error bears the risk of recognizing local acts as invalid and unenforceable. Therefore, it is worth checking the bylaws. If the charter, for example, states that the competence of the general meeting of participants in the company includes the approval (adoption) of documents regulating the internal activities of the company (internal documents of the company), then the internal labor regulations cannot be approved by the general director.

Mistake 3

The absence of a mark on the consideration of the opinion of the representative body of employees. The approval of the internal labor regulations is carried out by the employer, taking into account the opinion of the representative body of employees (). The procedure for taking into account the opinion is given in, in accordance with which the PWTR are developed by the employer, then the draft rules developed are sent for approval to the representative body of workers and, if there are no objections from the said body, they are approved. But now you rarely see a company that has a representative body of employees or a trade union, in which case, in order to comply with the procedure for adopting a local act (), a note is made on it "As of the date of approval of the internal labor regulations in Romashka LLC, there is no representative body of workers."

Error 4

Employees are not familiar with the internal labor regulations. It is the employer's responsibility to familiarize employees with local regulations (), a new employee must be familiar with the internal labor regulations before signing an employment contract (). In practice, there are often cases when the PWTR is approved, placed in a public place, but the employer cannot confirm the fact that the employees are familiar with the document, and meanwhile, if the employee is not familiar with the company’s internal labor regulations, the same fine will be imposed as for their absence ().

There are several ways to fix the fact of familiarization with the internal labor regulations:

on the local act itself (acquaintance sheets are filed to the PVTR, and all employees sign on these sheets in the order in which they were hired);
in the familiarization log (the employer starts special familiarization logs, and employees also sign in them in the order of hiring);
on separate familiarization sheets for each employee (such a sheet contains a complete list of local acts with which the employee is familiar, the fact of which he confirms with a signature in front of each);
in the employment contract (at the end of the employment contract, a note is made about familiarization with the PVTR and other local regulations with their exact names).

The employer can choose the method of familiarization that is convenient for him. To confirm that the familiarization took place before the signing of the employment contract, we recommend using the phrase "Before signing the employment contract, the employee is familiar with the following local acts", the following is a list of acts.

The composition and structure of the internal labor regulations

In accordance with the Labor Code (), the rules should contain the following sections:

general provisions;
the procedure for hiring and dismissing employees;
rights and obligations of the employee and the employer;
responsibility of the employee and the employer;
working hours, rest time;
the procedure for remuneration of labor (amount, procedure for payment, terms and place of payment);
incentives and penalties applied to employees;
final provisions.

Also, in accordance with the specifics of the company's activities, the following are mandatory for inclusion in the internal labor regulations:

the procedure for maintaining the summarized accounting of working time;
the procedure and terms for familiarization with work schedules or shifts;
a list of positions with irregular working hours (can be displayed in a separate local regulatory act);
duration of additional leave;
cases, duration and procedure for granting special breaks for heating and rest;
a list of jobs where, due to working conditions, it is impossible to provide breaks for rest and meals;
the procedure for sending employees on a business trip, registration and payment of expenses associated with a business trip (can be brought into a separate local regulatory act);
the amount and procedure for reimbursement of expenses related to business trips of employees who are assigned the traveling nature of work or work on the road, as well as a list of such positions (can be displayed in a separate local regulatory act).

Mistake 5

The internal labor regulations are of a formal nature. The mistake of many employers is that they draw up a PWTR for the labor inspectorate and other regulatory bodies in order to avoid fines. But the employer, first of all, should be interested in the adoption of this document, since this is the main tool of the employer, designed to maintain and strengthen labor discipline, as well as to consolidate the rules established in the company.

In addition to the above, the employer has the right to include other sections in the PWTR. For example, you can provide the following.

Procedure for conducting video surveillance. If video cameras are installed on the territory of the company, then in the internal labor regulations it is necessary to justify the reasons for their presence, for example, video cameras at the checkpoint can be installed in order to control the timely arrival at work, leaving work, returning from lunch break.
The procedure for providing employees with additional medical insurance or payment for cellular communications. Companies often provide workers with voluntary medical insurance policies or pay for their cell phone costs. In order to avoid disputes, it is worth fixing this procedure in the PVTR (when an employee becomes entitled to VHI, what level of insurance is due to a certain category of employees, which employees are paid for cellular communications, what limits are set for cellular communications and other issues). Also, the inclusion of this condition in the PVTR is necessary for the recognition of the cost of VMI and cellular communication in income tax expenses.
Dress code rules. In many companies, this issue is relevant. If this provision is included in the internal labor regulations, then compliance with the dress code will become the responsibility of the employee.
Other sections that regulate the requirements for employees and determine the procedure for working in the company (the procedure for passing the probationary period, the access control established in the company, the procedure for observing trade secrets, etc.).

EXAMPLE

When developing internal labor regulations for a company, a client requested that the internal labor regulations include a condition that an employee is responsible for installing an unlicensed program on a work computer. For the client, the issue was very relevant, as information security left much to be desired. One of the sections of the developed internal labor regulations was devoted to the procedure for working with a personal computer and the prohibition of installing any software without the written consent of the general director of the company, drawn up in two copies for each party.

Mistake 6

Establishment in the rules of the internal labor regulations of norms that contradict the law. When compiling the PWTR, it must be remembered that the rules should not contradict the current legislation and worsen the position of workers in comparison with the Labor Code.

Common violations of internal labor regulations

When conducting a personnel audit, the rules of internal labor regulations are checked without fail. Here is a list of violations that are identified.

Requirement of additional documents.

Establishment as a mandatory document provided by an employee when hiring, a certificate of registration with a tax authority (TIN), marriage, etc. The list of documents that an employee must provide when hiring is established, and require him Documents not included in this article are prohibited.

Check for a criminal record or administrative offenses.

In accordance with the requirements of the law (), a certificate of criminal record is provided when applying for a job related to activities that are not allowed for persons who have or had a criminal record, who are or have been subject to criminal prosecution. If there is no such category of employees in the company, then it is illegal to check applicants and employees. We also note that information about the presence of a criminal record and administrative offenses is not public information and the employer cannot access it legally.

The absence of the section "Responsibility of the employee and the employer."

Very often, the PVTR does not contain this section, which is a violation, since the Labor Code establishes this condition as a mandatory one ().

If the employee has not passed the bypass sheet, then the calculation with him is not made.

It seems possible to fix the procedure for passing a bypass sheet upon dismissal in the internal labor regulations, but it is prohibited to make the issuance of the final payment on the day of dismissal dependent on the presence of all necessary signatures in the bypass sheet ().

Establishment in the internal labor regulations of non-existent types of disciplinary sanctions.

Very often in the local acts of companies there are such types of punishment as a severe reprimand or a fine. The Labor Code establishes only three types of disciplinary sanctions - remark, reprimand, dismissal (), the unauthorized establishment of other types of penalties is an offense.

Establishing a ban on part-time work or doing business.

The employee has the right to engage in any type of activity (work part-time or run his own business) in his spare time, the employer is not entitled to establish a ban.

The following violations also occur:

the time of the beginning and end of work, breaks in work is not indicated;
the timing of familiarization with the work schedules on the watch is less than established by the Labor Code ();
the procedure for maintaining the summarized accounting of working hours is not prescribed;
the obligation of the employee to divide the vacation into parts is strictly 14, 7 and 7 days;
the duration of the additional vacation is not indicated or the duration of the main vacation is set to be less than 28 calendar days;
pay dates are not specified.

The main goal of the employer when adopting internal labor regulations should be to protect the rights of both employees and the company. With proper drafting of the document, it will become a tool for regulating the labor discipline of employees.

Aida Ibragimova, Head of Human Resources KSK Group

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