How an economic entity works is determined in a local act adopted at the enterprise, which is called the internal labor regulations. This document establishes the regimes of work and rest in the company of all its employees. Various specialists of the company participate in its creation, after which the act is approved by the administration of the company.

The Labor Code of the Russian Federation determines that the internal labor regulations are a local act of a company, drawn up by an economic entity in accordance with the law.

It reflects the mode of operation of an economic entity, the modes of work and rest of its employees, as well as issues of payroll.

The internal labor regulations implement the norms of legislation in each enterprise, they should in no case labor workers do worse than normal. It is desirable to develop this document for all business entities that have.

Inspectors who conduct inspections of companies often request this local regulation. Each organization must have labor regulations, otherwise administrative measures may be applied to it.

Attention! This document can be an independent act at the enterprise, or it can be included in another standard as an application. Employees should have access to the Rules at any time of the working day.

Are PVTR mandatory for LLCs and sole proprietorships

Internal labor regulations are developed in accordance with the Labor Code of the Russian Federation in business entities in without fail. This must be done by all organizations, including LLCs, as well as entrepreneurs acting as employers.

These acts may not be drawn up only by business entities that, according to certain criteria, are classified as micro-enterprises (for example, with up to 15 employees). They make PVTR at will.

Such businesses are allowed to fully or partially waive their regulations. But the obligation to determine the conditions and working conditions remains with them, so they must include this information in each contract drawn up during employment.

Do employees need to be introduced to them?

As a local normative act, it should be provided for familiarization to all people working at the enterprise. The Labor Code of the Russian Federation establishes that the administration must familiarize all employees with its contents. By signing with it, employees undertake to comply with the working mode.

Attention! In addition, the introductory painting of the employee allows you to prove his guilt if he does not comply with the rules established by this act. After all, only his visa shows that he knew these rules and deliberately violated them. In its absence, an employee cannot be held disciplinary liable if he violated the internal labor regulations.

Download a sample of internal labor regulations in 2019 sample for LLC and IP

What should contain the internal regulations in 2019

General provisions

It indicates exactly which issues are considered by this document, as well as how all employees are familiarized with it. If the company is hiring teleworkers and homeworkers, it should also state how the company provides them with a copy of the rules, and how they acknowledge that they have read them.

Attention! The adopted rules are further used in the preparation labor contracts with employees.

How to make changes to the PVR

Over time in the main legislative acts changes and amendments can be made, and new organizational and technological processes. In order for the previously adopted internal labor regulations to be always relevant, they need to be amended in a timely manner.

The need to make changes is formalized by a service or memorandum addressed to the administration of the company. After that, the executive act must appoint the persons who will be responsible for the development new version rules.

Since the procedure for introducing changes in laws is not specified anywhere, it is recommended that when developing and adopting a new version of the rules of the order, adhere to the procedure carried out during the primary process.

Important! After the adoption of the new version of the document, all employees of the company must be familiarized with it against signature.

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(The federal law ).

PVTR operates only within the framework of one enterprise, specifying the norms Labor Code RF, 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 receiving, transferring and layoffs of workers,
• basic rights and obligations of the parties to the employment contract,
• responsibility of the parties for non-compliance with the established procedure,
• mode of operation and Time relax,
• incentives and penalties.

PWTR should contain algorithms for all sorts of situations that may arise for employees: business trips, lateness, time off, incentives and fines, payments wages 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 time of the beginning and end 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 lunch break and its duration. For certain types work within the working day/shift, special breaks are provided due to technology and organization 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. 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 legal entity;
• TIN/KPP;
• name and contact details of the organization;
• name of the document type;
• date and registration number 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.

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

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

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

In the upper right corner, the stamp of approval of the rules is drawn up. For example, APPROVE CEO FULL NAME. The date.

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

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

In internal rules it is forbidden to prescribe conditions that worsen the situation of employees.

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

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

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

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

The rules define the conditions when the suspension of work on weekends is impossible due to production, technical and organizational conditions ().

The procedure for granting annual paid holidays, other types of additional paid holidays (for example, for irregular working hours), as well as unpaid leave also set by the Rules.

By virtue of Art. 136 of the Labor Code of the Russian Federation, the Rules should provide for the terms and specific days for the payment of wages. There you can also determine the methods of encouraging employees (bonuses, certificates, valuable gifts, etc.). In addition to incentives, it is necessary to consider the procedure for imposing and removing disciplinary sanctions, the types of penalties and specific violations of labor discipline that may result in punishment.

The employer, working through this or that issue, must remember that it is necessary to comply with the norms of labor legislation, and if any provisions worsen the position of the employee in comparison with him, they simply will not be valid.

To better understand what to include in the Rules, we offer their approximate structure:

1. General Provisions. This section includes general provisions on the operation of the Rules in the organization (to whom they apply, in what cases they are revised, etc.).
2. The procedure for the admission, transfer and dismissal of employees. Here it is appropriate to provide a list of documents presented by the employee when applying for a job, the procedure for registering admission and dismissal. It is possible to provide a list of persons with the right to hire and dismiss employees, as well as the actual admission to work.
3. The main duties of employees. Since the employee is obliged to conscientiously fulfill his labor obligations, it is necessary to fix how he can do it. In particular, he must comply labor discipline, safety precautions, timely and accurately follow the instructions of the management, keep in order workplace behave correctly and politely. This section can also provide for a list of unacceptable actions of employees, for example, remarks, jokes or other actions that, in the opinion of management, allow the creation of an aggressive workplace environment.
4. The main obligations of the employer. The employer also has certain rights and obligations to employees. For example, he must properly organize the work of employees, ensure healthy and safe working conditions, strictly observe labor and production discipline, comply with labor legislation, labor protection rules, improve working conditions, provide employees with guarantees and compensation.
5. Mode of operation. This section provides for the start and end times of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day, the list of positions of employees with irregular working hours, if the employer has any.
6. Rest time. It considers the time for providing a lunch break and its duration, the procedure for providing special breaks for certain categories of workers (for example, janitors, builders working outdoors in the cold season), as well as a list of works for which special breaks are provided, days off. The grounds for and duration of additional paid annual leave should also not be forgotten.
7. Pay. As noted earlier, it is necessary to provide for the timing and specific days for the payment of wages.
8. Incentives for work. Article 191 of the Labor Code of the Russian Federation defines the types of incentives: gratitude, issuance of an award, awarding a valuable gift, diploma, submission to the title of the best in the profession. The rules, taking into account the specifics of the organization, may provide for other types of incentives, for example, the provision of a vacation voucher abroad. In addition, here it is necessary to determine the procedure for applying incentives, since the current legislation has not established it and it is not entirely clear why and how employees are encouraged. Due to the lack of regulation of this procedure at the legislative level, we think that the Rules can define the criteria for evaluating work, benefits and benefits provided to rewarded employees.
9. Responsibility for violation of labor discipline. In this section, you need to consider the procedure for imposing and removing disciplinary sanctions, types of sanctions.

The content of the internal labor regulations

The Internal Labor Regulations should define:

The procedure for hiring and dismissing employees
st.189, 56-84, Labor Code of the Russian Federation

Basic rights, duties and responsibilities of employees and the employer
Art. 189, 21, 22 of the Labor Code of the Russian Federation

Working mode
Art. 189, 100, section 4 of the Labor Code of the Russian Federation

The procedure for maintaining the summarized

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

The list of positions of employees with irregular working hours
Art. 101 Labor Code of the Russian Federation

Incentives and penalties applied to employees
191, 192 of the Labor Code of the Russian Federation

Days of issuing 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. Large trade company S. "absorbed" the store T. (LLC) in this way: the former founders left the LLC and new founders entered - the owners of S. The new owners decided to change the working hours of the store employees, making it the same as in the S chain of stores. If before, the employees 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 wages and bonuses - their own salary dates and criteria that differ from staffing 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 duty of the employee should be duplicated in employment contract(See the Employee Responsibilities section.)

There are a number problematic issues not 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 illegal, because he considered it unacceptable to recognize the obligation to comply business ethics labor duty, and recommended during particularly expressive outbursts of foul language on the part of employees to call the police and hand over the perpetrators for petty hooliganism. The inspector referred to, 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 harm business reputation in Civil Code installed. 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 - topical issues clothes 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 blouse Shoes must be closed toe with low heels Transparent and translucent clothing, denim and sportswear, tight-fitting blouses and trousers ... ". 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, salesmen, 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 to prevent inconsistent application and interpretation labor law. Currently, there is an explanation of the Plenum of the Supreme Court (Decree No. 2), 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 employees refusing to conclude agreements 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 on this matter states the following:

If the fulfillment of duties for the maintenance of material assets is the main labor function 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, about which the employee knew, refusal to conclude such an agreement should be considered as a failure to fulfill 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 73 of the Code, is obliged to offer him another job, and in the absence of it or the employee’s refusal from 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 the 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.

Sections of the internal labor regulations

One of these details is the development and approval of internal labor regulations.

The internal labor regulations are a local regulatory act of the company, developed and approved in accordance with the labor legislation of the Russian Federation and the company's charter for the purposes of:

Strengthening labor discipline,
efficient labor organization,
rational use working time,
ensure High Quality and productivity of workers.

The internal labor regulations are a document that any company must have at its disposal. This document should be familiarized with each employee of the organization.

Quite often, the quality of work of employees directly depends on the clarity of the organization of the labor process and labor discipline.

Our article will consider the requirements of the current legislation and the procedure for drawing up internal labor regulations (PWTR).

A template of internal labor regulations is also attached to the article, which will help the accountant in developing individual rules for your company.

PROVISIONS OF APPLICABLE LAW

Article 189 of the Labor Code of the Russian Federation enshrines the concept of labor discipline. Labor discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with:

labor code,
other federal laws
collective agreement,
agreements
local regulations,
labor contract.

It should be noted that the preparation of the PVTR, provided for in Article 189 of the Labor Code of the Russian Federation, is not a recommendation, but a mandatory one.

The employer is obliged in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations. In accordance with the provisions of the Labor Code, the PWTR is a local regulatory act that regulates in accordance with the current legislation:

The procedure for hiring and dismissal of employees,
basic rights,
duties and responsibilities of the parties to the employment contract,
work mode,
Time relax,
incentives and penalties applied to employees,
other issues of regulation of labor relations with this employer.

All these issues must be clearly regulated in the organization's PWTR. The rules are drawn up on the letterhead of the enterprise, agreed upon by discussion at the meeting labor collective, are endorsed by a lawyer and approved by the head of the organization.

PWTR are required by the Labor Inspectorate when conducting inspections of organizations. The company's lack of PVTR may entail the application of penalties against the head of the company and the organization.

So, in accordance with Article 5.27 of the Code of Administrative Offenses, violation of labor legislation and labor protection entails the imposition of an administrative fine:

For officials in the amount of 1,000 rubles to 5,000 rubles;
- for - from 1,000 rubles to 5,000 rubles or an administrative suspension of activities for up to 90 days;
- for legal entities - from 30,000 rubles. up to 50,000 rubles or administrative suspension of activities for up to 90 days.

In addition, in accordance with paragraph 2 of Article 5.27 of the Code of Administrative Offenses, repeated violation of the law official, which has previously been subjected to administrative punishment for the same, entails disqualification for a period of 1 to 3 years.

In addition, if the company does not have a PVTR, conflicts with employees may arise, for example:

An employee cannot be held liable for non-compliance with labor discipline, since he does not know the requirements of the organization.
Difficulties may arise with the dismissal of an employee in connection with his failure to fulfill his labor duties, since it will be difficult to substantiate which duties the employee did not fulfill.

Disputes with employees may lead to litigation followed by prosecutorial review and review labor inspectorate.

In connection with the above, it is necessary to pay special attention to the preparation of the PWTR. The Labor Code does not regulate the procedure for compiling a PWTR. There are no special conditions in the Labor Code of the Russian Federation, as well as any specific requirements for the content of the VTR rules.

In this regard, the company needs to develop PWTR independently, taking into account the organizational specifics and features economic activity companies.

When compiling the PWTR, it is necessary to rely on section VIII "Labor regulations and labor discipline" of the Labor Code of the Russian Federation.

Articles 189 and 190 of the Labor Code of the Russian Federation cover the range of issues that should regulate the PWTR and establish the procedure for their approval.

In addition, you can turn to Decree of the USSR State Labor Committee No. 213 “On Approval of the Model Internal Labor Regulations for Workers and Employees of Enterprises, Institutions, and Organizations” for tips.

This document can help the company in compiling its own PVR.

However, it must be remembered that Resolution No. 213 was approved a long time ago, before the entry into force of the Labor Code. Therefore, many provisions of the Decree are already outdated.

Despite some obsolescence of Decree No. 213, it is still valid in the part that does not contradict the Labor Code.

When compiling the PVTR, it is recommended to take into account the requirements for the execution of documents established by State standard RF GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation requirements.

GOST R 6.30-2003 was adopted and put into effect by the Decree of the State Standard of the Russian Federation No. 65-st and applies to organizational and administrative documents included in OK 011-93 " All-Russian classifier management documentation” (OKUD) (class 0200000).

The internal labor regulations belong to the class 02000000 and have the code designation 0252131.

GOST R 6.30-2003 establishes:

The composition of the details of the documents;
requirements for registration of details of documents;
requirements for paperwork.

In accordance with Article 3 of the Standard, the following details are used in the preparation and execution of documents:

Organization emblem or trademark (service mark);
organization code;
main state registration number (OGRN) of a legal entity;
/code of the reason for registration (TIN/KPP);
document form code;
name of company;
reference data about the organization;
name of the document type;
document date;
registration number of the document;
reference to the registration number and date of the document;
place of compilation or publication of the document;
destination;
document approval stamp;
resolution;
title to the text;
mark of control;
document text;
a mark on the presence of the application;
signature;
document approval stamp;
visa approval document;
print imprint;
copy certification mark;
mark about the performer;
a note on the execution of the document and its direction in the case;
identifier of the electronic copy of the document.

STRUCTURE OF THE RULES OF THE INTERNAL LABOR REGULATION

In order to correctly draw up the Internal Labor Regulations, it is necessary first of all to determine their structure and content.

PVTR must contain data:

On the organization of working relations within the company,
about the mutual responsibilities of workers and administration,
about granting holidays,
on the assignment of employees,
interior enterprise mode,
and similar information.

The rules should reflect the specifics of the company. It is necessary to try to fix the regulations for the maximum number of situations that arise in the course of the company's business activities in the PVTR.

So, if the company has a shift work schedule for employees, it is necessary to enter into the PWTR (or indicate in the rules the document that regulates this) shift schedules for such employees.

You also need to specify:

Start and end times for each shift
the number and duration of shifts,
other information.

If the company employs employees whose employment contract provides for work in irregular working hours, the PWTR must indicate:

List of positions with irregular working hours,
conditions under which employees will perform their work duties outside of normal working hours.

It is not always convenient to enter such data into the Internal Labor Regulations. In this case, the organization can approve in the PWTR and develop separate provisions. For example, the Regulation on irregular working hours.

It is also necessary to reflect data on the time of the beginning and end of the working day, the duration of the lunch break, the number of vacation days and other information of this kind in the PWTR.

In order for the Internal Labor Regulations not to turn into a hard-to-read "talmud", it is not necessary to rewrite all the provisions of the Labor Code in them.

Too much information contained in the PWTR can turn this internal document organizations into an uninteresting and practically unused for its intended purpose.

In order to prevent this from happening, it is necessary to remove everything superfluous from the PWTR, not to go into the details of those provisions that are already enshrined in the Labor Code of the Russian Federation and other regulatory acts.

The rules should contain information that reflects the specifics of the particular organization for which they are developed.

It is recommended to include the following sections in the Internal Labor Regulations:

1. General Provisions.

This section is intended to determine the main purpose of the internal regulations, as well as the scope of their application and to whom they apply.

2. The procedure for hiring employees.

This section indicates the documents that the employer requires when hiring, the conditions for establishing a probationary period and its duration, the procedure for registering an employee for work.

3. Procedure for the transfer of workers.

This section describes the employer's procedure for transferring an employee to another job, the procedure for processing an employee's transfer.

4. The order of dismissal of employees.

It indicates the procedure for registering the dismissal of an employee and the grounds for terminating the employment contract.

5. Basic rights and obligations of the employer.

This section is developed in accordance with Art. 22 of the Labor Code. This article regulates the basic rights and obligations of the employer.

The section specifies:

Methods of organizing the work of workers,
the procedure for bringing employees to disciplinary and material liability,
order of observance of labor discipline,
guarantees and compensations provided to employees,
other similar questions.

6. Basic rights and obligations of employees.

The section is developed in accordance with the provisions of Art. 21 of the Labor Code.

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,
comply with safety regulations,
keep the workplace in order, etc.

It also reflects the rights of the employee:

For timely and complete wages,
health and life insurance,
conclusion, amendment and termination of the employment contract with the company,
other employee rights.

7. Working hours.

This section indicates the time of the beginning and end of the working day or shift, the duration of the working day and working week, the number of shifts per day, and similar information, in accordance with Article 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 (in accordance with Article 109 of the Labor Code).

Special breaks may be granted, for example, to employees working outdoors during the cold season and loaders.

The procedure for granting days off is indicated in accordance with Article 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 Article 191 of the Labor Code, the section indicates specific types of incentives, for example:

Thanksgiving Announcement,
issuance of an award
rewarding with a valuable gift,
other incentives.

11. Responsibility 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 OF THE RULES OF THE INTERNAL LABOR REGULATION

After the Internal Labor Regulations are 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 may be a manager, a lawyer, Chief Accountant or any or 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 PTSD is taken for the first time, then this refers to a change organizational conditions labor, 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 Article 68 of the Labor Code, when hiring each new employee, he must be acquainted with the rules against signature or receipt.

Drawing up internal labor regulations

unified form PVTR is not provided for by regulatory acts, therefore the Rules are drawn up in an arbitrary text form. The rules are drawn up on a form, which must indicate: the name of the employer, the place where the document was drawn up, the name of the type of document (RULES) and the heading to the text (internal labor regulations). If necessary, annexes to the Rules are drawn up.

Application documents have a corresponding mark indicating their connection with the Rules. This mark is placed in the upper right corner of the application document and includes the word "Application", and, if necessary, its number (with the No. sign). PVTR are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. To do this, the employer must send the draft Rules and the rationale for it to the elected body of the primary trade union organization representing the interests of all or the majority of workers. After drawing up the text of the Rules and Annexes, agreeing these documents with interested officials and taking into account the opinion of the representative body of workers, approval visas and a mark on taking into account the opinion of the representative body of workers are issued.

The rules may be approved by the head of the organization or other authorized official. In this case, the requisite “Approval stamp” is drawn up, which contains the word I APPROVE, the name of the position of the person who approved the document, his personal signature, its transcript and date. The rules can also be approved by issuing an appropriate order. In this case, the approval stamp contains the word APPROVED and the date and number of the order.

Depending on how the Rules were approved, they will be amended in the same way.

This means: if there is an order to approve the Rules, it is necessary to issue appropriate orders for any changes made to the Rules.

All employees must be familiarized with the Internal Labor Regulations, as well as all changes made to them, against signature. Special rules established to familiarize themselves with the Rules of persons entering the work. Part 3 Art. 68 of the Labor Code of the Russian Federation provides that when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with local regulations directly related to his labor activity, in particular with the rules of internal labor regulations. In practice, various forms are used for written confirmation of familiarization of employees with the PWTR. For example, a separate sheet can be attached to the PVTR for issuing all necessary familiarization visas (familiarization sheet). The rules are usually stored in the DOW service and in the personnel service. It is advisable to store copies of the document in each structural unit.

Familiarization with the Internal Labor Regulations

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 it should be collected General meeting employees, 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.

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 an employment contract (for example, in the case of detailing the latter), regulate essential conditions 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 73 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. 73 and there is no need to wait two months.

Internal labor regulations legislation

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).

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.

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.

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1. Internal labor regulations

The joint work of persons working under an employment contract involves the creation of a certain legal order, under which labor duties must be performed.

Internal labor schedule- this is the legal order in the field of work, operating at a particular employer. Its main task is to regulate the behavior of all members of the team, to subordinate their actions to the single goal of the labor process, taking into account the conditions of production and the specifics of the organization of labor for a particular employer. Compliance with the internal labor regulations ensures coordination in the relationship between employees and the employer, as well as between the employees themselves. The internal labor schedule is the basis of labor discipline.

The subordination of an employee to the rules of internal labor regulations is one of the main features of an employment contract. In the definition of the concept of an employment contract, contained in Article 56 of the Labor Code of the Russian Federation, it is emphasized that the employee undertakes to comply with the internal labor regulations that apply to this employer.

Labor discipline and internal labor regulations are two interrelated concepts. Without ensuring the proper order of work, there is no labor discipline and the process is broken. collective labor. Therefore, the requirements of the internal labor regulations are mandatory for all persons in labor relations, that is, both for workers for whom this work is the main one, and for part-time workers and for those who are employed part-time or part-time, and in general as for employees and employers alike. The essence of the internal labor schedule is to subordinate the activities of people in the process of joint labor to strict observance of the rules of the established labor procedure.

The obligatory nature of the internal labor regulations is acquired by virtue of their normative consolidation. The labor schedule includes a system of normative acts regulating the procedure for carrying out labor activities for a particular employer.

This system of acts received the name of local regulations in labor law. Local regulations - acts containing labor law norms developed to regulate labor relations, taking into account the specifics of labor for a particular employer and the establishment by the employer of working conditions within its competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement , agreements.

Local regulations on labor supplement and specify the state and collective agreement (in the sectoral, territorial, professional level) regulation of labor relations. Almost all employers, with the exception of employers - individuals, which are not individual entrepreneurs, have the right to adopt local regulations.

Local regulations can fill gaps in the law in the absence of relevant acts adopted federal authorities state power in the field of labor relations or public authorities of the subjects Russian Federation, but is not entitled to lower the level of guarantees provided to employees by labor legislation. According to article 8 of the Labor Code of the Russian Federation: “the norms of local regulations that worsen the situation of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, as well as local regulations adopted without complying with the established article 372 of the Labor Code RF procedures for taking into account the opinion of the representative body of employees are not subject to application. In such cases, apply labor law and other normative legal acts containing labor law norms, a collective agreement, agreements”.

Local regulations are adopted by the employer within its competence solely, and in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, taking into account the opinion of the representative body of employees (if there is such a representative body) (part 2 articles 8 of the Labor Code of the Russian Federation).

The collective agreement, agreements may provide for the adoption of local regulations in agreement with the representative body of employees.

The novelty of the Labor Code of the Russian Federation in relation to the operation of local regulations is the following addition to Article 12:

“The local normative act comes into force from the day it is adopted by the employer or from the day specified in this local normative act, and applies to relations that arose after its entry into force. In relations that arose before the entry into force of a local regulatory act, the said act applies to the rights and obligations that arose after its entry into force.

A local normative act or some of its provisions shall cease to have effect in connection with:

expiration date;

cancellation (recognition as invalid) of this local normative act or its individual provisions by another local normative act;

the entry into force of a law or other regulatory legal act containing labor law norms, a collective agreement, an agreement (in the case when these acts establish a higher level of guarantees for employees compared to the established local regulatory act)”.

Thus, all employers are required to revise their local regulations, in accordance with the new edition of the Labor Code of the Russian Federation, otherwise many of them will become invalid.

Based on the interpretation of the provisions of the Labor Code of the Russian Federation, we can conclude that the composition of local regulations that are mandatory for each employer includes the following:

Staffing (Article 57 of the Labor Code of the Russian Federation);

Internal labor regulations (Articles 56, 189, 190 of the Labor Code of the Russian Federation);

Documents establishing the procedure for processing personal data of employees, their rights and obligations in this area (Articles 86, 87, 88 of the Labor Code of the Russian Federation);

During shift work, each group of workers must work during the established working hours in accordance with the shift schedule (Article 103 of the Labor Code of the Russian Federation). The employer is obliged to keep records of the time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation);

Vacation schedule (Article 123 of the Labor Code of the Russian Federation);

Labor protection instructions. The employer is obliged to ensure safe conditions and labor protection in the organization, instructions on labor protection must be drawn up and brought to the attention of employees against signature (Article 212 of the Labor Code of the Russian Federation).

These documents are among those that are primarily checked by inspectors of the federal labor inspectorate. In addition, if an employee goes to court, it is possible to reduce the risks of making a decision not in favor of the employer, subject to the rules for conducting personnel records management.

The employer should take care in advance of the competent preparation of the above local regulations.

So, without internal labor regulations, without job description, as well as maintaining a time sheet will be impossible to apply disciplinary action to negligent employees who do not fulfill their labor duties, are late for work or absent themselves without permission during the working day.

According to Article 68 of the Labor Code of the Russian Federation, “when hiring (before signing an employment contract), the employer is obliged to familiarize each employee against signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, the collective agreement.”

It is recommended to hang the Internal Labor Regulations in a conspicuous place in the room where this employee is to work, or a copy of them should be attached to the employment contract, or the employment contract should contain the mark “Familiar with the internal labor regulations”. In addition, each employee must receive one copy of the job description (if they are drawn up and approved by the employer) and sign that he is familiar with it and undertakes to comply with its requirements.

The list of information constituting a trade secret must be drawn up taking into account the requirements federal law dated July 29, 2004 No. 98-FZ "On trade secret”, in particular, Article 5 of the said law, which establishes a list of information that cannot be a commercial secret.

Job descriptions, if possible, should be drawn up taking into account the recommendations set out in the Qualification Handbook for the positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of the Russian Federation dated August 21, 1998 No. 37 “On approval qualification handbook positions of managers, specialists and other employees, and in the corresponding issue of the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS), approved by the Ministry of Labor of the Russian Federation.

Safety instructions, instructions on the rules for operating electrical appliances and other labor protection documents must be drawn up and brought to the attention of employees against signature, about which an entry is made in the safety briefing log.

In the event of a labor dispute, the judge will first demand the above local regulations. If they were not prepared in advance and competently, but in a hurry and especially for the court, then it will be very difficult for the defendant - the employer to win such a dispute. In addition, if such documents are drawn up "backdating", the employer actually does not have the opportunity to prove the fact that employees are familiar with these local acts. In this case, the effect of such documents cannot apply to employees who were not properly (under signature) familiarized with the documents.