Contract rules of internal order. Algorithm for compiling pvtr. Is it possible not to approve pvtr

Internal regulations for employees should be in every company. This local normative act is the basis for regulating not only the daily routine at the enterprise, but also the procedure for hiring and dismissing employees. As well as the responsibility of each of the parties to the employment contract. It is important to develop this document correctly. In the article we will tell you how to avoid mistakes in the development and execution of the Internal Regulations. work schedule(hereinafter - PVTR), to make the PVTR really working and useful.

The concept of the internal labor regulations of the organization

In accordance with the current legal framework, internal labor regulations considered to be a normative document. Thanks to him, normal legal relations are built between the employer and hired personnel. Let's analyze what exactly this document is, what mandatory points it considers. And also what is its impact on the organization of the work process in a variety of production structures.

The rule of law contained in Part 4 positions the Internal Labor Regulations (IRTR) of the enterprise as a local normative act. This act defines the relationship between employee and the employer and must be drawn up in accordance with the Code and other federal laws.

The composition of the internal labor regulations

The Labor Code, the main points that the act describes include:

admission process and
the rights and obligations of the parties, as well as liability for violation of the terms of the contract;
mode of operation;
incentives and penalties applied at the enterprise;
other issues of control of labor relations with this employer.

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PWTR are required to have not only large production structures, but also individual entrepreneurs. This fact does not depend on the size of the company. One of the main documents that the labor inspectorate requests during the audit is just this local act.

Great importance is attached by law to the rules of internal labor regulations. This is due to the fact that in practice they are considered as a tool for regulating issues related to the “life activity” of the company. How are things going in practice?

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Internal labor regulations as a localized regulatory document

Upon entering the service of a new employer, the employee who has concluded the appropriate contract is at the disposal of the company. The established labor rules of the company must be strictly observed by the newcomer in accordance with the employment contract and the internal labor regulations.

It is worth noting that compliance with such norms is mandatory not only for the worker. But also for company representatives who directly control the workflow. Control over compliance by the employee with all recommendations is entrusted to colleagues endowed with such authority.

The representative of the organization has the right to involve employees who perform labor duties incorrectly and (or) violate the procedure adopted in the company.

Note!

The most important condition for joint work is the observance of discipline. This ensures the maintenance of order in the labor relationship between the employer and the employee.

A citizen who has come to work in a new place, joining the workforce, begins to fulfill the tasks. Most often, not in isolation, but constantly interacting with colleagues not only of their own department (unit), but also of adjacent ones.

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The joint work of persons engaged in one business or related activities cannot proceed fruitfully without rules of conduct established for all. Only under regulated conditions is it possible to perform labor functions efficiently and on time.

Without them, the effective functioning of all systems economic activity company is not possible. The establishment of such regulations in the internal regulations makes it possible to build a system of coordinated relationships between interested parties.

Note that this applies not only to the relationship between the employer and the employee, but also within the work team between colleagues.

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Documents to be presented at the conclusion of an employment contract

The value of the internal labor regulations for the employer and employee

Theme of the issue

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How conscientiously the employee observes labor discipline depends on:

conscientious performance of their professional duties;
comply with the established measures and labor standards;
adherence to the established intervals of working hours;
security good quality completed work;
careful attitude of the employee to the property entrusted to him;
compliance with regulations, etc.

A leader cannot simply demand strict observance of labor discipline. To do this, he must first provide conditions for colleagues so that they can observe the established discipline. For example, employees came to the enterprise by 8:00, as required by the PWTR, and the gates of the plant were locked, and the person responsible for opening them went on vacation.

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The situation, of course, is ridiculous, but it clearly shows that without observing its side of the transaction, the employer has no right to demand compliance with such conditions by employees. And even more so to punish for non-compliance with the terms of the document. The solution to this situation will be the adoption of a local regulatory act - PVTR. It will allow you to regulate the internal regulations of the organization.

Development of internal labor regulations

When developing a normative act, the employer must rely on the norms of labor law. Not allowed to be included in local acts conditions that would worsen the position of your employees in relation to the Labor Code or other acts.

The regulation of labor discipline by legislators, by adopting and amending codes, laws, acts is called centralized. And the adoption of local acts within the company is decentralized or local.

National or centralized control is applicable to all citizens of the Russian Federation performing official activities on the territory of our country. If the law (agreement) applies only to certain sectors of the economy, in this case we can talk about sectoral control.

Further in the article:

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Regulation of existing internal labor regulations

Regulation within the company is local in nature. And it consists in clarifying, adjusting national industry standards for the needs of a particular enterprise.

It is necessary for the firm to develop working recommendations on its own. The Labor Code does not contain requirements for internal labor regulations regarding the content and composition of such rules. Therefore, when compiling them, employees of personnel services should rely on practical experience and principles behind the scenes in the enterprise.

We must not forget that it is impossible to introduce conditions that deliberately aggravate the working conditions in the company, in comparison with the norms of the current legislative framework. Writing a PWTR from scratch is a rather troublesome and time-consuming task. It would be more expedient to take standard rules and rewrite them to fit your specifics.

In practice, there are many organizations that do not take the drafting of rules with due seriousness or ignore this duty at all.

When audited by labor inspectorates, such organizations run the risk of running into penalties. And if there are no approved norms, then the rest of the LNA are absent or are in an improper form. That is, they are not true. In such a combination of circumstances, the employer runs the risk of running into a tidy sum of fines.

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Job descriptions and regulations on the organization of work with personnel documents

For example, for the absence of a standard, liability is provided for the company in the form of an administrative fine of up to 50 thousand rubles. And a repeated violation will be much more serious and may consist in closing the company for a period of 1 to 3 years.

It is unlikely that after such an enterprise will be able to resume work. Of course, this is an extreme measure and is very rare in practice, but it is worth remembering that such a possibility still exists.

Rules of the internal labor schedule during the reorganization of the company

In case of reorganization, the meeting of founders may decide:

on the allocation of a structural unit into a separate LLC;
by merging several production structures.

In this case, it is more expedient to leave the actual norms to the firm that acts as the “basis”, and, if necessary, rework them to fit the new realities. And if the founders decided to reorganize the company in the form of a spin-off?

Example. The organization is engaged in the production of dairy products and the question arose of separating the yogurt production workshop into a separate and completely independent production. By general requirements for a newly created legal entity. persons need to develop a set of documents. PVTR is one of them.

The question of the possibility of using the old PVTR is not correct, because the business entity is new, however, there is no need to create this document from scratch.

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This issue can be resolved when there is an understanding of how different the activities of the spun-off organization will be. In our case, when the workshop was a part of the whole organization, as one of its constituent parts, the PWTR were united and took into account the peculiarities of the work of the workers of the workshop.

From this we can conclude that part of the rules applicable to separating workers can be left. Such a procedure should be taken carefully, perhaps already existing norms will require adjustments.

Remember: thoughtless copying of the content of acts of third-party organizations in the PVTR, even if they do not have related specifics, will not be useful either for the company or for its employees. In this case, the purpose of adopting this document will not be achieved.

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Internal labor regulations and labor discipline

Features of drawing up internal labor regulations

Compilation of PWTR reflecting the real picture of affairs at the enterprise should be the goal of this entire event. This document should inform employees about the procedures established in the organization, about their rights and obligations in the field of work.

Note!

Carefully drawn up rules will help eliminate conflict situations in the team that arise during the performance of professional duties by employees.

The employer must initiate the procedure for creating local regulations (including the PWTR).

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As a rule, persons with relevant knowledge are appointed responsible for this procedure. These include employees of accounting and personnel departments, heads of structural divisions, as well as a direct manager of work processes.

The employer may want to read the text of the document before it goes to him for signing. In the process, the text is agreed with experts and, if there are comments, it is finalized.

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PVTR in practice is one of the main LNA of the company. Therefore, we consider it expedient to involve various specialists. Usually, the head of the personnel department is appointed responsible for writing the PWTR.

In the process of writing the rules, it will most likely be necessary to obtain advice from specialists from various departments, from accounting to the labor protection department. It will not be superfluous to submit the draft rules to the legal department for possible adjustments.

The rules drawn up according to such an algorithm, most likely, will turn out to be as close to reality as possible and, accordingly, the most effective in application.

The content of the internal labor regulations

The issues that should be reflected in the PWTR are not described in detail in the legislation. This in itself suggests the conclusion that in each case the structure of the Rules depends on the specifics of the activity and is determined at the local level. At the same time, the approximate structure of the Rules is defined.

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Changing the terms of the employment contract at the initiative of the employer

Based on the provisions of this article, it is possible to single out the main sections that a document (table) should consist of.

Approximate structure of the PWTR

Sections of the PWTR	Section content
1. General Provisions	This section is introductory. It describes not only the goals of creating this document, but also a list of citizens who are covered by the document. It is also advisable to include a transcript of the main terms and definitions used in the document.
2. Rights and obligations of the employer	The basic rights and obligations of workers are reflected in Art. 21 of the Labor Code of the Russian Federation. Just as with the responsibilities of a company, the duties and rights of employees should reflect the specifics of
3. Rights and obligations of employees	The specifics of hiring, transfers and dismissal in a particular organization:
4. Reception, transfer, dismissal	The specifics of hiring, transfers and dismissal in a particular company: procedures for registration of employment (transfer, dismissal); the procedure for familiarizing new or already working employees with the LNA adopted by the company, as well as other provisions in force in the organization. This section may describe Required documents when hiring, the terms of employment, and also describes in detail the procedure for dismissal for various reasons. It will not be superfluous to describe the conditions for passing the probationary period.
5. Working hours	In this section, it is necessary to describe all the types and modes of working hours used by the employer. The duration of the working week and daily work, the start and end time of work, the time and types of breaks in work, the order shift work, alternation of workers and non-working days etc.
6. Rest time	The section describes the possible types of rest time and their duration. The procedure and conditions for granting annual basic and additional paid holidays, holidays without saving wages etc.
7. Labor discipline	Types of incentives for employees for success in work and the reasons for their use. Types of disciplinary sanctions, the procedure for their imposition and removal
8. Final provisions	Regulation of the procedure for familiarizing employees with the Rules, making changes to the Rules, etc.

General provisions of the internal labor regulations

The General Provisions section of the PWTR describes the participants this provision. Definitions of the employee and the employer are given, as well as other specific definitions used in the rules.

It is possible to describe the procedure for approving and adjusting, if necessary, these rules. And also install responsible persons for these procedures.

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The rights of the parties in the preparation of internal labor regulations

Such a condition should be enshrined in the PWTR of the relevant production structures. At the same time, the same norm will be redundant, for example, in a project company.

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Deductions from wages under executive documents

Obligations of the parties in the internal labor regulations

The description of the duties of an employee should be approached thoroughly, but still not turn this list into an endless one. And remember, you can’t make worse working conditions regarding legislation. The internal labor regulations of the organization determine both the general duties of employees and the duties assigned only to a number of persons.

For example, drivers can be made responsible for notifying their supervisor when their driver's license is revoked. It does not make much sense to go into details, since all this should be spelled out in more detail either in contractual obligations or in the job description.

The Rules may contain a mention that the list of duties (works) performed by each employee in his position, specialty, profession, is determined by job or work instructions drawn up taking into account the provisions of the current LNA and the requirements production activities specific employer.

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Internal labor regulations and their impact on the workflow of the organization

Improving the microclimate in the team, as well as strengthening labor discipline, can be achieved in a non-cunning way by prescribing the following points in the Rules:

when communicating with each other, employees use a courteous manner of communication;
the use of obscene vocabulary is excluded both when communicating within the team and with the organization's clients;
the order of communication of employees with the organization's clients (a specific scheme of conversation and greetings, as well as the procedure for communicating by phone can be proposed);
the importance of efficient use of working time;
all departures from the workplace must be agreed with the immediate supervisor with the writing of the relevant document;
the obligation to treat with care the employer's property used to achieve optimal tasks in work processes (computers, car, work machines, etc.).

When using the access system on the territory of the employer, the duty of employees to carefully consider the regulations should be fixed. At each entrance - exit to the territory of the organization, it is correct to use electronic cards or present a pass to the watchman.

doctors,
workers in hazardous working conditions,
at low temperatures, etc.

But with the introduction of the so-called dress code for office employees, the employer is not obliged to provide them with clothes.

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You can also include in the Rules wishes for the manner of communication of employees in the team and behavior. However, the company should take into account that requirements that are not directly related to the implementation of work functions should be perceived by employees as nothing more than “wishes”.

Subject to the existence of requirements for the clothing of workers and general appearance in the PVTR, is it possible to dismiss an employee who violates such requirements (at the same time, official duties he performs flawlessly)?

Since failure to comply with the dress code requirements is not a violation labor functions as such. And in this situation, it is precisely dismissal as a kind disciplinary action.

Mistakes of employers in the development of internal labor regulations

Having dealt with the content of the PWTR, comes the realization of the importance of this act and the information contained in it. To avoid mistakes in the process of its creation, it is important to strictly follow the current legislation.

If it is necessary to introduce something new, be sure to check with the code in order to prevent deterioration of working conditions. It will not be lawful to extend the periods of work in the PWTR more than established by law, as well as, for example, the introduction of fines.

If there are norms in the PWTR that worsen the position of the employee, they can still be used. The presence of several “wrong” items does not invalidate the entire document as a whole. And incorrect paragraphs can simply not be used or excluded from the text of the document the next time they are edited.

When identifying such items, priority is given to the use of “error-free” documents (work contract, JI collective agreement).

Attention, error!

Many employees beg the employer to cancel the lunch break, and reduce the working day by the amount of its duration. Who doesn't want to get off work early? And often an employer who is not savvy in the law follows the lead of the team. And in the event that the PWTR is checked by a specialized inspectorate, such an employer will have problems.

The law establishes a minimum lunch duration of 30 minutes and there is no way to reduce it any more. A compromise in this situation can be a working day from 9:00 to 17:30 with lunch from 13:00 to 13:30. An exception can only be production, where it is impossible to stop the process (Article 108 of the Labor Code of the Russian Federation). In this case, the company must organize the conditions and places for eating directly at the workplace.

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Regulation of key issues in the internal labor regulations

Often, the Internal Labor Regulations regulate such issues that the law prescribes to be resolved in each specific case. And also by agreement with each employee individually.

Attention, error!

Often in PVTR, crushing conditions are used annual leave in parts - twice for two weeks.

Current the legislative framework prescribes to determine this condition with each employee individually, and moreover every year (Article 125 of the Labor Code of the Russian Federation). In practice, this agreement is reached when drawing up a vacation schedule for the next year.

Even if an employee subscribed to incorrectly drawn up PTV, this does not mean at all that he agrees with this 100%. Such a condition would certainly change his working conditions for the worse. And in the case of verification, it entails unnecessary claims from the inspectors.

The common mistakes don't stop there. PWTR many companies include a payroll item once a month. That is, no advance. Some employees may actually be happy about this.

Someone likes to receive money “in a bunch” and then distribute it for a month. And the other group, on the contrary, does not know how to plan their expenses and, having received money, immediately spends it and cannot “live to the salary”. An employer cannot please all employees, and is not obliged to.

The sole responsibility of the company is to follow the law. And we know that the code clearly states that wages should be paid 2 times a month. And again we have a situation of infringement of the rights of workers and, accordingly, the impossibility of applying this clause.

Expert opinion on the issue of approval of labor regulations

A.V. Batura, expert of the magazine "Handbook of Personnel Officer"

Drawing up and approval of internal labor regulations

Of course, it would be convenient if the PVTR had unified form. But as we figured out above, the PTVR is too specific a document that should fully reflect all the features of the functioning of a particular company. Therefore, it is not possible to bring it to a single standard.

Worth following only general rules office work. One of the important pages of the standard is the title page. It just needs to be done as correctly as possible. On title page are required to indicate:

company name,
place where the document was made
name of the type of document (RULES),
heading to the text (BTR).

Find the sample document you need personnel office work in the magazine "Handbook of Personnel Officer". Experts have already compiled 2506 templates!

Often, appendices are made to the document. In the right upper corner such a document, its name and serial number (Appendix 1), as well as the document to which they refer, are affixed.

If there is one application, its number can be omitted, but with a larger number it is advisable. Applications can include, for example, forms of documents that regulate the PVTR, as well as a list of familiarization with the Rules.

If your company has a trade union or is a member of an industry trade union, then the internal labor regulations are approved only with its approval (Article 372 of the Labor Code of the Russian Federation). This applies not only to these Rules, but also to other LNA.

For this project normative document and the justification is sent to the elected body of the primary trade union organization representing the interests of all or the majority of workers.

Upon receipt of a positive opinion of the trade union body, the standards are approved by the management and a mark is placed on them indicating that the text is consistent with the trade union. If there are comments, the employer is obliged to either agree with them and amend the text or disagree and send a letter substantiating the disputed points.

Rules are approved by issuing an order. The text of the order specifies the fact of approval, the date of entry into force of the Rules and the persons responsible for this procedure. On the title page in this case, in the APPROVE field, the number and date of the order are written. The second option is also possible. In this case, the issue of the order is not required, and the date and signature of the director are put in the APPROVE field.

It should be borne in mind that if the Rules were approved by order, then amendments to them must also be made by order. This applies to any changes made to the Rules, regardless of their scope and significance. Each action with the Rules will have to be supported by an order.

With the new Rules or with any amendments made to them, the entire team without exception must be familiarized. And not just acquainted, but with an autograph in the relevant document. If the Rules are adopted in the company for the first time, then they must be familiarized immediately after their approval.

At the same time, new employees must read them before signing the contract and put their signature, thereby confirming the fact of reading. By the same method new employee gets acquainted with other LNA (job description, regulation on remuneration, etc.) adopted in the organization, in particular with the PWTR.

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"Requalification" of a civil law contract into a labor contract

For written confirmation of the fact that employees are familiar with the act, various forms are used. For example:

a separate sheet can be attached to the document for issuing all necessary familiarization visas (familiarization sheet),
start a general journal, where employees put down signatures on familiarization with all LNA for each document in a separate column.

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.

Internal labor regulations in practice

Case from practice. Popov A.A. Due to family circumstances, I have to ask for leave. The leader doesn't mind. But how often does it happen that Popov no longer has time to pay vacation pay, since he needs to go on vacation the very next day. How to be in this situation? Is it possible to make adjustments to the Rules with a change in payment terms?

Art. 136 of the Labor Code of the Russian Federation directly obliges the company's management to pay vacation pay at least 3 days before it starts, and reducing these periods will be a violation of the provisions of the code, which leads to a deterioration in the position of employees. And this cannot be done. So how do you get out of this situation?

You must ask the employee to write 2 leave applications. The first is for vacation without pay (in order to comply with the condition of 3 days), and the second is already on the next one from those dates, so as not to violate the terms of payment of vacation pay. In this case, the employee will not lose a lot of money and the employer will not break the law.

Or, if the employer still lists vacation pay late (albeit through no fault of his own), you need to insure yourself. For the entire amount, it is necessary to accrue monetary compensation for the delay in payment in the amount of one three hundredth of the refinancing rate of the Central Bank of Russia. However, this is an extra cost for the company, although small.

"Personnel issue", 2011, N 9

PROCEDURE FOR APPROVAL OF THE RULES OF THE INTERNAL LABOR REGULATION

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

The internal labor regulations are a local regulatory act that regulates in accordance with the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation) and other federal laws, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations with a given employer .

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

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

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

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

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

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

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

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

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

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

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

5) working hours and rest time. Includes:

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

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

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

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

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

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

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

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

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

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

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

APPROVE

name of the position of the head of the organization

Personal signature Signature transcript

Name of company

RULES OF THE INTERNAL WORK REGULATION

"__" ___________________ g. N ___

Place where the document was made

Head of Human Resources Personal signature Signature transcript

(writer)

Approval visas (at the discretion of the employer)

AGREED

Minutes of the meeting of the trade union committee

from "__" ______________ g. N __

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

Journal Expert

Signed for print

The internal labor regulations (PWTR) regulate the working hours and rest periods for all categories of employees employed in the organization.

The internal labor regulations developed in the organization in accordance with the provisions of Article 190 of the Labor Code of the Russian Federation are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. The Rules approved in the specified order are attached to the collective agreement of the organization.

The rules can be drawn up as a separate local regulatory act of the organization or as an annex to a single one.

In any case, the Rules must be considered by the representative body of the employees of the organization (trade union committee, council of the labor collective, general meeting of employees of the organization, etc.). To do this, before their approval, the draft Rules of internal labor regulations are sent for consideration to the representative body of employees operating in the organization, representing the interests of all or most of the employees of the organization.

Not later than five working days from the date of receipt of the draft Rules, the representative body of employees must draw up and submit to the employer for consideration a reasoned opinion on the draft Rules in writing.

If the representative body of employees does not agree with the draft Rules or any of its individual provisions, the employer has the right to make the proposed changes (additions) to the text of the draft and approve the Rules, or within three days after receiving the conclusion, he must organize and conduct additional consultations on the consideration of the proposed changes and additions.

If the parties do not reach an agreement on any provisions of the PVTR project, a protocol of disagreements is drawn up, which contains options for the “disputed” paragraphs of the Rules of each of the parties. Regardless of whether all disagreements between the parties to the labor relations are agreed or not, the employer has the right to approve the Internal Labor Regulations.

In turn, the representative body of employees has the right to appeal the text of the Internal Labor Regulations approved by the employer to the appropriate state inspection labor or the judiciary. In parallel with this, a procedure for a collective labor dispute may be initiated in accordance with the procedure established by Chapter 61 of the Labor Code of the Russian Federation.

The duties of the employee in accordance with Article 21 of the Labor Code of the Russian Federation include compliance with the internal labor regulations of the organization. To achieve this, each of the employees hired is familiarized with the Rules in force in the organization. At the same time, it is recommended that the specified familiarization be confirmed by the written signature of the employee in a special journal.

In turn, the employer has the right to demand from all employees due execution their labor duties and respect for the property of the employer and other employees, compliance with the internal labor regulations of the organization.

The current legislation allows the formation of separate subdivisions organizations (branches, representative offices, etc.), if necessary, their own internal labor regulations, taking into account the specifics of the activities of a separate subdivision.

At the same time, the peculiarities of work and training in the unit are additionally regulated by the regulation on the relevant unit, other provisions, job descriptions, schedules, or orders (instructions) of the heads of parent organizations issued within the rights granted to them.

In accordance with Article 189 of the Labor Code of the Russian Federation, the PWTR is a local regulatory act of the organization that regulates, in accordance with the norms of labor legislation, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, the working hours, rest time, incentive measures applied to employees and penalties, as well as other issues of regulation of labor relations in the organization.

Regulations on the internal labor schedule - sample the wrong name of the internal labor regulations or the legally correct name of another act? This article will help you understand this issue.

Regulations on the labor schedule of the enterprise and internal labor regulations

Regulations on internal labor regulations often confused with the internal labor regulations (PWTR) provided for in Art. 189 TK. They constitute such an act as a set of norms on the rights and obligations of workers, the procedure for employment and termination of an employment contract, time for rest and work, and the responsibility of the parties. This is a mistake that the regulatory authorities can interpret as the absence of a PWTR in the organization, which may result in bringing to administrative responsibility.

IMPORTANT! To avoid this, it is worth naming the document exactly as it is indicated in the law, that is, the internal labor regulations (parts 3-4 of article 189 of the Labor Code).

The name “labor regulations” will be legally correct, for example, if such a regulation is issued as an act supplementing the existing PWTR.

In practice, an addition may be required, for example, in a situation where, after the approval of the rules, a small division of the organization has been created, the working conditions of workers in which require more detailed regulation. Is it possible:

if the working conditions of the employees of the subdivision are recognized as harmful, dangerous;
if the regime of commercial or other secrets applies to employees;
if a different work schedule is provided for employees, etc.

It is not advisable to completely recycle the PWTR due to several employees, so you can accept the position on the labor schedule of the created unit. At the same time, the PWTR continues to operate, and its provisions apply to the activities of the new unit as a general rule.

Regulations on internal regulations can also be issued as one of the measures to strengthen control over compliance with labor regulations. In this case, the provision may contain an indication of the creation of a commission to monitor compliance with the labor schedule by employees.

A sample provision on internal labor regulations can be downloaded from our website.

Contents of the internal labor regulations

Depending on which act is meant by the internal regulations, the content of the document will differ.

Type of act and its content	Regulations on internal labor regulations
	As an act complementary to the PWTR	As an act aimed at strengthening control over compliance with the schedule
General provisions	May be specified: the purpose of the adoption; the circle of employees for whom the act is intended; conditions for the application of the provision
	It may be specified: the circle of employees to whom the provision applies; provisions supplementing the PWTR in terms of the abolition, introduction or change of the rights and obligations of workers, the procedure for their dismissal or hiring, types and amounts of incentives or conditions for the application of penalties, liability or other provisions	It may be specified: composition of the commission; competence; powers.
Final provisions	May be specified: the term and procedure for the entry into force of the provision; an indication of the assignment of control over compliance with the provision to a specific employee

Don't know your rights?

The section specifies the duties of the employee:

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

It also reflects the rights of the employee:

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

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

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

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

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

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

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

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

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

For example:

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

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

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

Coordination and approval

After the 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 the head of the personnel service, a lawyer, Chief Accountant or any other employee of the organization.

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

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

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

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

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

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

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

An example of drawing up the Internal Labor Regulations

INTERNAL WORK REGULATION

OOO "ROMASHKA"

1. GENERAL PROVISIONS

1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor regulations in the Company with limited liability ROMASHKA (hereinafter referred to as the Company) and regulate the procedure for hiring, transferring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in society.

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

1.3. The following terms are used in these Rules:

"Employer" - Limited Liability Company "ROMASHKA";

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

"Labor discipline" - mandatory for all employees to obey the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, labor contracts, local regulations Employer.

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

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

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

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

2. PROCEDURE FOR RECEPTION OF EMPLOYEES

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

2.2. When hiring (before signing the employment contract), the Employer is obliged to familiarize the employee against signature with these Rules, the collective agreement (if any), and other local regulations directly related to the employee's labor activity.

2.3. When concluding an employment contract, a person entering a job presents to the Employer:

Passport or other identity document;

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

Insurance certificate of state pension insurance;

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

A document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;

A certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body responsible for the development and implementation of public policy and normative-legal regulation in the field of internal affairs - when applying for a job related to activities, to the implementation of which, in accordance with this Code, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed;

Other documents, in accordance with the requirements of the current legislation of the Russian Federation.

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

2.4. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the Employer.

2.5. If a person applying for a job does not have a work book due to its loss, damage or for any other reason, the Employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new work book.

2.6. Employment contract is in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the Employer. The receipt by the employee of a copy of the employment contract is confirmed by the signature of the Employee on the copy of the employment contract kept by the Employer.

2.7. An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the Employer or his representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.

2.8. Employment contracts may be concluded:

1) for an indefinite period;

2) for a fixed period (fixed-term employment contract).

2.9. A fixed-term employment contract may be concluded in cases provided for by the Labor Code of the Russian Federation and other federal laws.

2.10. If the employment contract does not specify the period of its validity and the reasons that served as the basis for concluding such an agreement, then it is considered concluded for an indefinite period.

2.11. When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work.

2.12. The absence of a test clause in the employment contract means that the employee is hired without a test. In the case when the employee is actually admitted to work without drawing up an employment contract, the probationary condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.

2.13. A test for employment is not established for:

Persons elected on the basis of a competition for the relevant position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;

Pregnant women and women with children under the age of one and a half years;

Persons under the age of eighteen;

Persons who graduated with state accreditation educational institutions primary, secondary and higher vocational education and for the first time entering a job in the acquired specialty within one year from the date of graduation from the educational institution;

Persons elected to an elective position for a paid job;

Persons invited to work in the order of transfer from another employer as agreed between employers;

Persons concluding an employment contract for a period of up to two months;

Other persons in cases provided for by this Code, other federal laws, a collective agreement (if any).

2.14. The probation period may not exceed three months, and for the heads of the organization and his deputies, the chief accountant and his deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law. When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.

2.15. When concluding an employment contract for a period of up to two months, a test is not established for an employee.

2.16. With employees with whom, according to the legislation of the Russian Federation, the Employer has the right to conclude written agreements on full individual or collective (team) liability, the corresponding condition must be included in the employment contract when it is concluded.

2.17. When concluding an employment contract, persons under the age of eighteen, as well as other persons in cases provided for by the Labor Code of the Russian Federation and other federal laws, must undergo a mandatory preliminary medical examination.

2.18. On the basis of the concluded employment contract, an order (instruction) is issued to hire an employee. The content of the order must comply with the terms of the concluded employment contract. The order for employment is announced to the employee against signature in three days from the actual start date. At the request of the employee, the Employer is obliged to issue him a duly certified copy of the said order.

2.19. Before starting work (the beginning of the direct performance by the employee of the duties stipulated by the concluded employment contract), the Employer (the person authorized by him) conducts a briefing on the safety rules at the workplace, training in safe methods and techniques for performing work and providing first aid in case of accidents at work, briefing on labor protection.

An employee who has not been instructed in labor protection, safety at the workplace, training in safe methods and techniques for performing work and providing first aid in case of accidents at work is not allowed to work.

2.20. The Employer maintains work books for each employee who has worked for him for more than five days, in the case when the work for the Employer is the main one for the employee.

3. PROCEDURE FOR THE TRANSFER OF EMPLOYEES

3.1. Transfer of an employee to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another area with the employer.

3.2. The transfer of an employee can only be made to work that is not contraindicated for him for health reasons, and with the written consent of the employee.

3.3. Allowed temporary transfer(up to one month) of an employee for another job, not stipulated by an employment contract, with the same employer without his written consent in the following cases:

To prevent a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that endanger life or normal life conditions the whole population or part of it;

In the event of downtime (temporary suspension of work due to economic, technological, technical or organizational reasons), the need to prevent the destruction or damage to property or replace a temporarily absent employee, if the downtime or the need to prevent the destruction or damage to property or replace a temporarily absent employee is caused by emergency.

3.4. To formalize the transfer to another job, an additional agreement is concluded in writing, drawn up in two copies, each of which is signed by the parties (the Employer and the employee). One copy of the agreement is transferred to the employee, the other is kept by the Employer. The receipt by the employee of a copy of the agreement is confirmed by the signature of the employee on the copy of the agreement kept by the Employer.

3.5. The transfer of an employee to another job is formalized by an order issued on the basis of an additional agreement to the employment contract. An order signed by the head of the organization or an authorized person is announced to the employee against signature.

4. PROCEDURE FOR DISCHARGING EMPLOYEES

4.1. An employment contract may be terminated (cancelled) in the manner and on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.

4.2. The termination of the employment contract is formalized by the order (instruction) of the Employer. The employee must be familiarized with the order (instruction) of the Employer to terminate the employment contract against signature. At the request of the employee, the Employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).

4.3. The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.

4.4. Upon dismissal, the employee, no later than the day of termination of the day of the employment contract, returns all documents, equipment, tools and other inventory items transferred to him by the Employer for the performance of the labor function, as well as documents formed during the performance of labor functions.

4.5. On the day of termination of the employment contract, the Employer is obliged to issue a work book to the employee and make settlements with him. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. At the written request of the employee, the Employer is also obliged to provide him with duly certified copies of documents related to work.

4.6. An entry in the work book on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.

4.7. In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the Employer is obliged to send a notification to the employee about the need to appear for a work book or agree to send it by mail. At the written request of an employee who has not received a work book after dismissal, the Employer is obliged to issue it no later than three working days from the date of the employee's request.

5. BASIC RIGHTS AND OBLIGATIONS OF THE EMPLOYER

5.1. The employer has the right:

Conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Conduct collective negotiations and conclude collective agreements;

Encourage employees for conscientious efficient work;

Require employees to fulfill their labor duties and respect the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, compliance with these Rules;

Require employees to comply with labor protection and fire safety rules;

Bring employees to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Adopt local regulations;

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

Exercise other rights granted to him by labor legislation.

5.2. The employer is obliged:

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

Provide employees with work stipulated by the employment contract;

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

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

Provide workers with equal pay for work of equal value;

Keep a record of the time actually worked by each employee;

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

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

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

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

Create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

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

Implement mandatory social insurance employees in the manner prescribed by federal laws;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

Suspend employees from work in cases provided for by the Labor Code of the Russian Federation, other federal laws and regulatory legal acts of the Russian Federation;

Perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and labor contracts.

5.2.1. The employer is obliged to suspend from work (not allow to work) the employee:

Appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

not passed in in due course training and testing of knowledge and skills in the field of labor protection;

A person who has not passed a mandatory medical examination (examination) in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by federal laws and other regulatory legal acts of the Russian Federation;

If, in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, contraindications are revealed for the employee to perform work stipulated by an employment contract;

In case of suspension for up to two months of the special right of an employee (licenses, rights to manage vehicle, the right to bear arms, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the Employer (How vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health;

At the request of bodies or officials authorized by federal laws and other regulatory legal acts of the Russian Federation;

In other cases provided for by federal laws and other regulatory legal acts of the Russian Federation.

The employer suspends from work (does not allow to work) the employee for the entire period of time until the circumstances that are the basis for suspension from work or exclusion from work are eliminated.

6. BASIC RIGHTS AND OBLIGATIONS OF EMPLOYEES

6.1. The employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Providing him with a job stipulated by an employment contract;

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any);

Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working public holidays paid annual leave;

Complete reliable information about working conditions and labor protection requirements at the workplace;

Vocational training, retraining and advanced training in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;

Association, including the right to form and join trade unions for the protection of one's own labor rights, freedom and legitimate interests;

Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

Conducting collective negotiations and conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;

Compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance in cases stipulated by federal laws;

Other rights granted to him by labor legislation.

6.2. The employee is obliged:

To conscientiously fulfill his labor duties assigned to him by the employment contract, job description and other documents regulating the activities of the employee;

Qualitatively and in a timely manner to carry out assignments, orders, tasks and instructions of your immediate supervisor;

Comply with these Rules;

Observe labor discipline;

Comply with established labor standards;

To undergo training in safe methods and techniques for performing work and providing first aid to victims at work, instructing in labor protection, internships at the workplace, testing knowledge of labor protection requirements;

Pass mandatory preliminary (when applying for a job) and periodic (during employment) medical examinations (examinations), as well as undergo extraordinary medical examinations (examinations) at the direction of the Employer in cases provided for by the Labor Code of the Russian Federation and other federal laws;

Comply with labor protection and labor safety requirements;

Take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;

Contribute to the creation of a favorable business atmosphere in the team;

Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property);

Take measures to eliminate the causes and conditions that prevent normal execution work (accidents, downtime, and so on), and immediately report the incident to the Employer;

Maintain your workplace, equipment and fixtures in good condition, order and cleanliness;

Observe the procedure for storing documents, material and monetary values established by the Employer;

To improve their professional level by systematic independent study of specialized literature, magazines, other periodic special information on their position (profession, specialty), on the work (services) performed;

Conclude an agreement on full liability in the case when he starts work on the direct maintenance or use of monetary, commodity values, other property, in cases and in the manner prescribed by law;

Perform other duties provided by law Russian Federation, these Rules, other local regulations and an employment contract.

6.3. The employee is prohibited from:

Use tools, devices, machinery and equipment for personal purposes;

Use work time to resolve issues not related to labor relations with the Employer, as well as during working hours, conduct personal telephone conversations, read books, newspapers and other literature that is not related to work, use the Internet for personal purposes, play computer games;

Smoking in the office premises, outside the equipped areas intended for this purpose;

Use alcoholic beverages, narcotic and toxic substances during working hours, come to work in a state of alcoholic, narcotic or toxic intoxication;

To issue and transfer to other persons official information on paper and electronic media;

Leave your workplace for a long time without informing your immediate supervisor and without obtaining his permission.

6.4. Labor duties and rights of employees are specified in labor contracts and job descriptions.

7. WORKING HOURS

7.1. The working time of the Company's employees is 40 hours per week.

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

Five-day work week with two days off - Saturday and Sunday;

The duration of daily work is 8 hours;

Start time - 9.00, end time - 18.00;

Break for rest and meals from 13.00 to 14.00 for 1 hour during the working day. This break is not included in working hours and is not paid.

7.1.2. If, upon hiring or during an employment relationship, an employee establishes a different regime of working time and rest time, then such conditions are subject to inclusion in the employment contract as mandatory.

7.2. When hiring, reduced working hours are established:

For employees under the age of sixteen - no more than 24 hours a week (when studying in educational institution- no more than 12 hours per week);

For employees aged sixteen to eighteen years - no more than 35 hours per week (when studying in a general education institution - no more than 17.5 hours per week);

For employees who are disabled people of group I or II - no more than 35 hours a week;

For workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours a week.

7.3. When hiring or during the duration of the employment relationship, by agreement between the Employer and the employee, part-time work may be established.

7.3.1. The employer is obliged to establish part-time work at their request for the following categories of employees:

Pregnant women;

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

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

A woman who is on parental leave until the child is three years old, the child's father, grandparent, other relative or guardian who is actually caring for the child and who wishes to work part-time while retaining the right to receive benefits.

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

Employees aged 15 to 16 - five hours;

Employees aged 16 to 18 - seven hours;

Students who combine study with work:

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

from 16 to 18 years old - four hours;

Disabled - in accordance with the medical report.

7.5. For employees working part-time, the working day should not exceed 4 hours a day.

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

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

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

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

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

Perform overtime work if necessary;

If the employee works on an irregular working day.

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

The employer has the right to involve the employee in overtime work without his consent in the following cases:

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

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

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

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

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

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

8. REST TIME

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

8.2. The types of rest periods are:

Breaks during the working day (shift);

Daily (between shifts) rest;

Days off (weekly uninterrupted rest);

Non-working holidays;

Vacations.

8.3. Employees are provided next time recreation:

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

2) two days off - Saturday, Sunday;

3) non-working holidays:

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

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

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

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

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

Women - before maternity leave or immediately after it;

Employees under the age of eighteen;

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

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

In other cases provided for by federal laws.

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

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

Spouses of military personnel;

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

Heroes of Socialist Labor and full holders of the Order of Labor Glory;

Honorary Donors of Russia;

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

Husbands whose wives are on maternity leave.

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

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

8.7. For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the Employer.

8.7.1. The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:

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

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

Parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

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

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

In other cases provided for by the Labor Code of the Russian Federation, other federal laws.

8.8. Employees working in irregular working hours are provided with an annual additional paid leave lasting from 3 to 15 calendar days, depending on their position. The list of positions, conditions and procedure for granting such leave are established in the Regulations on irregular working hours.

9. PAYMENT

9.1. The salary of an employee in accordance with the current remuneration system of the Employer, enshrined in the Regulations on remuneration, consists of official salary.

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

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

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

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

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

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

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

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

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

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

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

9.9. During the period of suspension from work (non-admission to work), wages are not accrued to the employee, with the exception of cases provided for by the Labor Code of the Russian Federation or other federal laws. These include suspension from work:

In connection with tuberculosis patients with tuberculosis. For the period of suspension, employees receive state social insurance benefits;

Due to the fact that a person is a carrier of pathogens of infectious diseases and can be a source of spread infectious diseases and it is impossible to transfer the employee to another job. During the period of suspension, employees are paid social security benefits;

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

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

10. REWARDS FOR WORK

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

Declaration of gratitude;

Issuance of an award;

Awarding a valuable gift;

Awarding an honorary diploma.

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

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

11. RESPONSIBILITIES OF THE PARTIES

11.1. Employee Responsibility:

11.1.1. For the commission by an employee of a disciplinary offense, that is, non-fulfillment or improper fulfillment by the employee through his fault of the labor duties assigned to him, the Employer has the right to bring the employee to disciplinary liability.

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

Comment;

Rebuke;

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

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

11.1.4. Before applying a disciplinary sanction, the Employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

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

11.1.6. The order (instruction) of the Employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee was absent from work. If an employee refuses to see specified order(order) against signature, then an appropriate act is drawn up.

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

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

11.1.9. The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

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

11.1.11. The employer has the right to bring the employee to liability in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.

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

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

11.1.14. The material liability of the employee comes for the damage caused by him to the Employer as a result of guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

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

11.1.16. The employee is released from liability in cases of damage due to:

Force majeure;

Normal economic risk;

Urgent necessity or necessary defense;

Failure by the Employer to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.

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

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

11.1.19. Written agreements on full individual or collective (team) liability may be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values or other property.

11.1.20. The amount of damage caused by the employee to the Employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force on the day the damage was caused, but not lower than the value of the property according to accounting taking into account the degree of wear and tear of this property.

11.1.21. Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.

11.1.22. Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the Employer. The order may be made no later than one month from the date of the final determination by the Employer of the amount of damage caused by the employee.

11.1.23. If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused to the Employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.

11.1.24. An employee who is guilty of causing damage to the Employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee submits to the Employer a written obligation to compensate for the damage, indicating specific payment terms. In case of dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

11.1.25. With the consent of the Employer, the employee may transfer to him equivalent property to compensate for the damage caused or repair the damaged property.

11.1.26. Compensation for damages is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the Employer.

11.1.27. In the event of dismissal without good reasons before the expiration of the period stipulated by the employment contract or training agreement at the expense of the Employer, the employee is obliged to reimburse the costs incurred by the Employer for his training, calculated in proportion to the time actually not worked after the end of training, unless otherwise provided by the employment contract or training agreement.

11.2. Responsibility of the Employer:

11.2.1. The Employer's material liability arises for damage caused to the employee as a result of guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

11.2.2. The employer who caused damage to the employee compensates for this damage in accordance with the Labor Code of the Russian Federation and other federal laws.

11.2.3. An employment contract or agreements concluded in writing attached to it may specify the liability of the Employer.

11.2.4. The employer is obliged to compensate the employee for the earnings not received by him in all cases of unlawful deprivation of his opportunity to work.

11.2.5. An employer who has caused damage to an employee's property shall compensate this damage in full. The amount of damage is calculated at market prices valid on the day of compensation for damage. With the consent of the employee, the damage can be compensated in kind.

11.2.6. The employee's application for compensation for damage is sent by him to the Employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. If the employee disagrees with the decision of the Employer or does not receive a response within the prescribed period, the employee has the right to go to court.

11.2.7. In case of violation by the employer due date payment of wages, vacation pay, dismissal payments and other payments due to the employee, the Employer is obliged to pay them with interest ( monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement inclusive.

11.2.8. Moral damage caused to an employee misconduct or inaction of the Employer, is reimbursed to the employee in cash in the amount determined by agreement of the parties to the employment contract.

12. FINAL PROVISIONS

12.1. For all issues that have not been resolved in these Rules, employees and the Employer are guided by the provisions of the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation.

12.2. At the initiative of the Employer or employees, these Rules may be amended and supplemented in the manner prescribed by labor legislation.

The concept of the internal labor regulations of the organization

The composition of the internal labor regulations

Internal labor regulations as a localized regulatory document

The value of the internal labor regulations for the employer and employee

Development of internal labor regulations

Regulation of existing internal labor regulations

Rules of the internal labor schedule during the reorganization of the company

Features of drawing up internal labor regulations

The content of the internal labor regulations

Approximate structure of the PWTR

General provisions of the internal labor regulations

The rights of the parties in the preparation of internal labor regulations

Obligations of the parties in the internal labor regulations

Internal labor regulations and their impact on the workflow of the organization

Mistakes of employers in the development of internal labor regulations

Regulation of key issues in the internal labor regulations

Expert opinion on the issue of approval of labor regulations

Drawing up and approval of internal labor regulations

Internal labor regulations in practice

Regulations on the labor schedule of the enterprise and internal labor regulations

Contents of the internal labor regulations

Coordination and approval

An example of drawing up the Internal Labor Regulations

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