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Rules of the internal daily routine at the enterprise. Internal labor schedule

Appendix No. 1 to Order No. __ dated "__" ______ 201_

"APPROVE"

Director OOO "_____________________"

________ / full name of the director /

"__" _____________ 201__

RULES

INTERNAL WORK REGULATION

OOO "_______________"

1. GENERAL PROVISIONS

1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor schedule in the _______________ Limited Liability Company (hereinafter referred to as the Company) and regulate the procedure for hiring, transferring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, time rest, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the Company.

1.2. These Rules are a local 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, efficient organization of labor, rational use of working time, ensuring high quality and labor productivity of the Company's employees.

1.3. The following terms are used in these Rules:

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

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

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

1.5. Changes and additions to these Rules are developed and approved by the Employer.

1.6. The director is the official representative of the Employer.

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;

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

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

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

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

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

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

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

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

2.7. An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the Employer. 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, 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 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 stipulated by this Code, other federal laws.

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

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

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

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

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

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

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

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

3. PROCEDURE FOR THE TRANSFER OF EMPLOYEES

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

3.2. The transfer of an employee can be made only with the written consent of the employee.

3.3. It is allowed to temporarily transfer (up to one month) an employee to another job not stipulated by an employment contract with the same employer without his written consent in the following cases:

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

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

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

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

4. PROCEDURE FOR DISCHARGING EMPLOYEES

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

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

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

4.4. Upon dismissal, the employee, no later than the day of termination of the 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.

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 it is impossible to issue a work book to an employee on the day of termination of the employment contract, 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 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;

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

Pay in full the wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, employment contracts

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

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

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

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 trained in the prescribed manner and tested knowledge and skills in the field of labor protection;

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

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

In case of suspension for a period of up to two months of an employee’s special right (license, right to drive a vehicle, right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling by the employee of obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the Employer;

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, the provision of weekly days off, non-working holidays, paid annual holidays;

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

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

Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation and other federal laws;

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

Resolution of individual and collective labor disputes, in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance in cases stipulated by federal laws;

Other rights granted to him by labor legislation.

6.2. The employee is obliged:

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

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

Comply with these Rules;

Observe labor discipline;

Comply with established labor standards;

To be trained in safe methods and techniques for performing work and providing first aid to those injured 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 impede the normal performance of work (accidents, downtime, and so on), and immediately report the incident to the Employer;

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

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

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

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

Perform other duties stipulated by the legislation of the Russian Federation, these Rules, other local regulations and the employment contract.

6.3. The employee is prohibited from:

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

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

Smoking in the office premises, outside the equipped areas intended for these purposes;

Consume during business hours alcoholic drinks, narcotic and toxic substances, come to work in a state of alcoholic, narcotic or toxic intoxication;

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

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

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

7. WORKING HOURS

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

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

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

The duration of daily work is 8 hours;

Start time - 9.00, end time - 18.00;

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

7.1.2. If, upon hiring or during an employment relationship, an employee 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 aged sixteen to eighteen years - no more than 35 hours per week;

For employees who are disabled people of group I or II - no more than 35 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 reaches the age of three.

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

Employees aged 16 to 18 - seven hours;

Students who combine study with work:

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.

7.7. 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 - 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 hours - 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.

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;

Days off (weekly uninterrupted rest);

Non-working holidays;

Vacations.

8.3. Employees are provided with the following rest periods:

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

2) two days off - Saturday, Sunday;

3) non-working holidays:

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

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

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

8.4.1. The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this Employer.

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;

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

In other cases provided for by federal laws.

8.4.3. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the vacation schedule. The vacation schedule is approved by the Employer no later than two weeks before the start of the calendar year in the manner prescribed by the Labor Code of the Russian Federation.

8.5. If the employee wishes to use the annual paid vacation in a period other than the period specified 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.

8.6. 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.

8.6.1. 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;

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.

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

9. PAYMENT

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

9.1.1. The size of the official salary is established on the basis of the staffing table of the Company.

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

9.3. Employees 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 to employees are paid on the basis of the time sheet, based on the official salary, on the 20th day of the current month - 40% of the remaining 60% of the salary - on the 5th day of the month following the settlement month.

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

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

9.7.1. Wages can be paid in a non-cash form by transferring them to the current account indicated by the employee, if the terms of transfer are specified in the employment contract.

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

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

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 day the misconduct was discovered, not counting the time the employee was ill or on vacation. A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

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

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

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

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

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

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

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

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

11.1.14. The material 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

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 data, taking into account the degree of depreciation of this property.

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

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

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

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

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

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

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

11.2. Responsibility of the Employer:

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

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

11.2.3. An 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.

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

registration of employees familiar with the internal labor regulations

OOO "_______________________________________"

Full Name

For what position

accepted

I am familiar with the internal labor regulations (painted)

acquaintance

Full name of the employee

acquainted

with the rules

Responsible for keeping a journal __________________________________________

Full name, position of responsible person / signature

The internal labor regulations establish an algorithm for working life in an institution. They regulate the provisions related to the hiring, dismissal, basic rights and obligations of employees, the responsibilities of the parties, the working regime, the rest regime, incentives and punishments for employees, as well as other issues arising from working relations.

Also, the rules are one of the main documents that are requested first of all during the inspection by the labor inspectorate. At the same time, the content, design, and procedure for familiarizing employees are important.

We will tell in the article about typical PWTR, about the norms that specify the features of the internal regulations, as well as about the procedure for their approval.

Norms of the Labor Code in the PVTR

The labor regulations (2018) are based on Section VIII of the Labor Code of the Russian Federation, which is the regulatory framework for their development. Article 189 of the Labor Code of the Russian Federation obliges the employer to regulate working relationships with employees by a local act. At the same time, the labor regulations should not contradict the current legislation in the field of labor and, moreover, make the position of employees worse than provided for in the Labor Code of the Russian Federation.

Typical PVTR

When developing the rules, you can use the standard labor regulations, which are approved by the Decree of the USSR State Labor Committee of July 20, 1984 No. 213. It is important to use this document (given that it was approved a long time ago) in the part that is relevant to the current Labor Code of the Russian Federation.

What can be specified in the PVTR

In order not to complicate the use, there is no need to state all the existing provisions of the Labor Code of the Russian Federation. The internal labor regulations should include information specific to a particular organization.

The internal labor regulations (2018) may include the following sections:

  1. General provisions. This part explains the purpose, scope of the document, as well as the circle of persons to whom they apply.
  2. The procedure for hiring and dismissing employees. This part lists the documents that must be provided when applying for a job, the conditions and duration of the probationary period. The registration algorithm and the grounds for dismissal are explained in the same part.
  3. Basic rights and obligations of the parties. The content includes information about the rights, obligations of the employer and employee, methods of organizing activities, bringing to responsibility, guarantees to employees, etc.
  4. Working hours and rest time. This part determines the beginning and end of working hours, its duration, contains information on the list of positions for which the working day is defined as irregular. In the same section, the lunch break time, the algorithm for providing days off and additional holidays are set.
  5. The procedure for remuneration. The section contains information on the amount, frequency, place of payment of wages.
  6. Responsibility of the parties. This part describes the types of rewards for work and punishments, including the procedure for holding accountable.
  7. Final provisions. This part defines the format for negotiating, approving and modifying the rules.

Depending on the specifics of the organization's activities, the following items may be included in the internal labor regulations:

  • the procedure for maintaining the summarized labor time;
  • the procedure and terms for familiarization with shift schedules;
  • list of positions with irregular working hours;
  • duration of additional leave;
  • the procedure and duration of providing time for heating and rest;
  • the procedure for sending employees on business trips, registration and payment of related expenses;
  • some others.

In addition to these data, managers have the right to include other data in the rules, such as cell phone billing, additional health insurance, dress code compliance.

The more detailed all the rules of the labor schedule are described, the fewer questions the employer will have in the event of a dispute or during an inspection by the labor inspectorate. But at the same time, they should not contradict the current legislation and worsen the position of workers.

Who approves the PVTR in the organization

The internal labor regulations are approved in accordance with Article 190 of the Labor Code of the Russian Federation.

After development, the employer must:

  • send the project to the trade union of the institution for approval (if any);
  • receive within 5 days a reasoned response from the trade union on the legality of the provisions contained therein;
  • upon agreement, approve it with an order for the institution (there is no single order template, the main thing is that it must be available and approved directly by the head of the organization);
  • bring the document to the attention of all employees in writing.

If there is no trade union in the institution, the note “On the date of approval, there is no representative body of workers” is put on the local act.

The validity period of the document is determined by the employer.

Sample order for approval of the PVTR

How to familiarize employees with the rules

Failure to familiarize employees with the internal labor regulations is a significant mistake. All those already working at the enterprise must be familiar with the rules, and new employees must be familiar with it before signing an employment contract (Article 68 of the Labor Code of the Russian Federation). The fact of reading and taking note of the internal labor regulations is confirmed by the signature of the employee.

There are several ways to confirm that employees are familiar with the rules:

  1. Employees sign the acts of familiarization, which are filed with the PVTR.
  2. Employees sign in specially established familiarization journals.
  3. The signature must be on a special familiarization sheet for each employee. Usually, such sheets contain a complete list of acts required to be read by an employee.
  4. in an employment contract.

The employer himself chooses the method that is more convenient for him.

What is not regulated by the rules of the labor schedule

The internal labor regulations 2019 (sample below) have content restrictions. It is forbidden to establish norms that violate the law or worsen the position of employees.

The error is:

  • requirement when hiring additional documents not provided for in Art. 65 of the Labor Code of the Russian Federation;
  • checking for the presence of a criminal record for the category of position for which it is not provided;
  • the requirement to provide a signed bypass sheet, in its absence - a refusal to make a full payment upon dismissal;
  • the establishment of disciplinary sanctions that do not exist in the labor legislation (such as "strict reprimand");
  • a ban on part-time work;
  • business ban;
  • lack of indication of the start time, end time and breaks in work;
  • lack of indication of the dates of payment of wages;
  • no indication of the duration of additional leave.

Internal labor regulations: sample

Please note that the document contains the following required details:

  • name of company;

The concept of internal labor regulations

In the legal literature, internal labor regulations are often identified with internal labor regulations, i.e., a local regulatory legal act of an organization that regulates “the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods applicable to incentives and penalties for employees, as well as other issues of regulating labor relations with this employer ”(part 4 of article 189 of the Labor Code of the Russian Federation). With this definition, a number of errors are allowed.

First, it is impossible to identify the objective category, which is the internal labor schedule, with the result of its mediation. The internal labor regulations are a subjective category, since they are the result of a compromise between the employer and the representative body of employees. 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 of the trade union committee of the organization. At present, the internal labor regulations are usually an annex to the collective agreement, which is concluded by the employees and the employer of the organization represented by their representatives (Article 40 of the Labor Code of the Russian Federation). Consequently, the internal labor regulations are approved by the employer not only taking into account the opinion of the trade union committee, but also together with it, if they are included in the collective agreement, albeit as an annex. - a single legal act of the organization. The appendix to it is its integral part.

Secondly, the internal labor schedule is mediated by a number of local regulatory legal acts. These are not only internal labor regulations, but also regulations on organizational units, job and technological instructions, and technological process documents. Local legal acts fix, make certain rules for the performance of the work assigned to them mandatory for all participants in joint work. Such rules are not the result of the discretion of the employer and the trade union committee of the organization. They are dictated by the content of the technology implemented in a given organization, the conduct of the technical process, and its objective requirements.

Etymologically, requirements are a set of conditions (data) that someone must comply with, as well as an urgent request, a desire to comply with them, expressed in a categorical form, including a legal one. The requirements of the technological process are addressed not only to employees, but also to representatives of the employer. They usually categorically prescribe to them certain options for labor behavior that are mandatory for them.

Hence, internal work schedule can be defined as an objective system of requirements, determined by the content of the technological process, formulated by the employer within the limits established for him by law, to the behavior of participants in joint work.

This system includes the following elements:

  • requirements that ensure the maintenance of the technical process, compliance with labor protection and the quality of products;
  • requirements for subordination and coordination of the behavior of workers in the production team;
  • mode of working time and rest time, stay (stay) in the organization.

The internal labor schedule predetermines the system and structure of the special part (part three of the Labor Code of the Russian Federation). Therefore, it is quite justified to consider the internal labor schedule at the beginning of the presentation of other institutions of the special part, and not at the institute (Section VIII of the Labor Code of the Russian Federation).

Normative basis of internal labor regulations

Regulatory framework internal labor regulations are not normative legal acts, but the labor law norms that they contain. The internal labor regulations are indeed mediated in the corresponding system of norms. These are not only legal, but also other social norms, such as ethical, aesthetic, religious.

Technological standards

There is a discussion in the legal literature about technological norms other than technical (technical and legal) norms. In the normative basis of the internal labor schedule of the organization, they occupy, if not a decisive, then a significant place.

Technological standards at the organization level are contained in local regulatory legal acts adopted by the employer independently to ensure the effective conduct of the technical process. For the employer (his representatives), employees, they program the maintenance of the technical process used by the employer in the production of goods, the provision of services, and the performance of work.

In the narrow sense of the word, the technical process of an organization is understood as a set of operations for the extraction and processing of raw materials into semi-finished products or finished products that are mandatory for employees and the employer. In a broad sense, this is a purposeful, pre-programmed sequence of labor actions of employees, subject to the requirements established by the employer, objectively determined by the laws of nature and technology.

The technological process predetermines any kind of organization of non-individual, subordinate to the employer, contractual labor of workers. So, in the field of education, technological norms establish the rules of labor behavior, regulating certain stages (educational operations) of the technical process of teaching (learning students). They constitute the normative basis of the internal regulations of the educational institution. Pedagogical employees of universities are obliged to give lectures, advise students, applicants, graduate students, conduct seminars and practical classes, manage industrial practice, conduct current and final attestation of students in the form of tests, exams, defense of term papers and theses.

Technological norms have all the main features that characterize the rule of law. Technological standards are obligatory for all participants in the conduct of the technical process of a particular organization. They are general rules. Their use is calculated by the employer for a repeated number of cases (before the change in production technology due to the development of science and technology). As a rule, the studied norms are designed for one or another type of labor command or for a certain category of workers.

Technological norms, like any legal norms, are characterized by formal definition. The form of their objectification at the organization level is local regulatory legal acts - technical process documents.

To a certain extent, we can talk about the formation at the present stage of the legal hierarchy of technological norms. Scientific and technological progress has allowed the modern employer to choose from a variety of options the technological cycle that suits him. Technology is based on the laws of nature and technology. Science based on them develops various options for the process. The choice of one or another option by the employer is objectively determined by the requirements of the state for the safety, protection of life and health of consumers, the capabilities and interests of the owner of the means of production. The legislator, exercising technical regulation of entrepreneurial activity, formulates appropriate recommendations in national standards, fixes the quality standards of individual production technologies and products in technical regulations. In fact, these are technological norms that fix at the level of federal legislation recommendatory and mandatory rules for the employer to conduct certain technical processes. By establishing a certain technological scheme of operations, the employer thus forms, and then in certain documents of the technological process, fixes the range of rights and obligations of the contractor participating in its conduct.

We can talk about the specific properties of technological norms.

First, technological norms are ultimately based on the laws of nature and technology. Process documents contain references to technical standards. Although technological norms are based on the laws of nature and technology, the practice of their application depends on the will of the employer, i.e., from many options for possible technological processes known to science, he chooses one that seems to him the most effective under the given conditions of its application, and fixes it in local regulatory legal acts of the rights and obligations of participants in its conduct, real implementation. As noted above, before that, the technical process exists only in the form of scientific developments, in the form of computer graphics, on paper, or, at best, as a working model.

Secondly, technological norms are fixed in the legal order by the rule-making body, including the employer, independently. They contain imperative requirements for participants in joint hired labor, on the conscientious fulfillment of which the efficiency of the technical process, and ultimately the work of the entire organization, its competitiveness depends.

Thirdly, technological norms, unlike technical ones, always have their addressee - participants in the joint labor process, the conduct of a specific technical process, they determine the content of the organization's production function.

Fourthly, technological norms perform an informational, educational role. They explain to the employee in the most concrete terms what is required of him at one or another stage of the technical process in the organization, thereby forming his legal consciousness, proper labor behavior.

Fifth, mediating a specific technological process of the organization, they determine the procedure for the employees to perform a system of labor actions, operations, i.e., the labor function of participants in joint labor.

Efforts have been made in the labor law literature to classification technological standards. There are two types of such rules. The first provides for the rules of conduct for employees in the process of performing technological operations at the workplace. They either define the rights and obligations of employees in the implementation of the technical process, or fix the sequence of specific actions of the employee, or establish requirements for the employee to use equipment and materials of a certain quality. The second type of technological norms regulates the relations of workers among themselves both vertically and horizontally in the conduct of the technical process. This type of norms, in relation to the normative basis of the internal labor schedule, can more accurately be attributed to the norms of subordination and coordination in the production team.

It is possible to classify technological norms depending on the content of the technical process in specific sectors of material production (economy): technological norms for construction, production of metal structures, operation of energy systems, etc.

By the nature of the stated requirements of the employer, the practice of local regulation also makes it possible to distinguish between technological norms-recommendations, technological norms of positive obligation and norms-prohibitions.

IN norms-recommendations under certain conditions, the employee is invited to be vigilant, to take additional measures for labor protection. They also recommend that you take into account the individual characteristics of your body and well-being, avoid negative emotions (irritation, indignation, fear), behave in a balanced manner, etc.

Norms of positive obligation occur much more frequently. They establish technical requirements for raw materials and semi-finished products that are mandatory for employees and the employer, general requirements for labor protection, industrial sanitation, and regulate certain labor operations inherent in this technical process (marking, turning, drilling, etc.).

Prohibitions establish for the employee, for example, a ban on working with faulty devices, tools and protective equipment, prohibit admission to certain types of work of persons under 18 years of age.

The importance of regulating the requirements of the technical process for the employer is obvious. Thus, it provides the final result of labor. Employees are no less interested in the availability of technological standards. The results of a sociological survey testify that for them the main prerequisite for rhythmic, effective work is the well-established technological cycle, the observance of technological labor discipline. The safety and effectiveness of the work of participants in a particular technical process depends on the clarity, detail, description of labor operations by the employer.

An analysis of the technical process documents in force in the organization confirms that the technical process is a set of technological methods, links or operations. It can be presented in the form of a technological scheme that predetermines the actual content of the internal labor schedule, i.e., specific requirements for certain employees in the process of fulfilling their labor duties established in technological norms.

In terms of their goals, homogeneous local legal norms that mediate the technical process in the organization perform the same task - establishing a system of rules for the proper labor behavior of employees, the regulatory framework for the internal labor schedule of the organization.

From the foregoing, the following conclusions can be drawn.

First, labor relations are ultimately determined by the appropriate technology of production. The interaction of an employee on behalf and under the control of the employer (his representatives) with tools and objects of labor is indeed predetermined by the technology, the technical process of the corresponding production. In this sense, the employee's command is pre-programmed by the employer, clothed in the appropriate legal form - technical process documents.

Secondly, the practice of local regulation shows that it is the technological relations between the employer and the employee that are subject to detailed legal regulation by the employer at the local level. Technological norms are not abstract constructions, they are always designed for a certain circle of subjects - participants in the conduct of a specific technical process adopted in the organization, aimed at achieving real tasks - programming the labor process itself, its results.

Norms of coordination

Relationship organized labor complicity - an important condition for the effectiveness of the organization. This relations of coordination members of a hired, subordinate, joint pile. They are also ultimately determined by the content of the technical process and are formed "horizontally" between workers, specialists, and at the appropriate levels - between representatives of the administration. Such relations are programmed (fixed, regulated) by social and labor rules - the norms of coordination. These are not only moral (ethical) rules, but also customs, traditions, legal norms. Thus, the internal labor regulations oblige workers to behave with dignity, to refrain from actions that prevent other workers from fulfilling their duties. Social and labor standards prohibit the actions of employees that offend the dignity of other people, foul language, quarrels, smoking in places not designated for this, etc.

The higher the mutual interest of workers in the labor process and its results, the higher the level of their general and professional culture, the less the need for the team and society to fix the relevant norms of labor behavior in a legal order. The longer the cooperation, the more stable the team, the more customs, traditions, ethical and aesthetic rules come to the fore in the regulation of coordination relations.

In adaptive corporations (usually in a small group of creative workers), contradictions are smoothed out, there is a need to unite efforts (collective action). The initial "moral unity" in small organizations ("teams") provides a basis for mutual trust between performers, forms the basis for the coordination of labor relations, effective joint production activities.

When analyzing social and labor rules, attention is drawn to the complex interaction of their various types, in particular ethical and legal ones, the features of their development, well-known competition, prospects for improvement, strengthening or weakening of the role, depending on the specific historical conditions in which the production team.

It is also impossible not to pay attention to the fact that the rules of coordination should maximally accumulate the authority of both moral and legal rules precisely at the level of a separate norm. Many shortcomings in the organization of work, ensuring discipline and order are also explained by the insufficient level of not only professional, but also personal culture, disregard for moral ideals and ethical standards.

Norms of subordination

Any process of joint labor needs an appropriate distribution of workers, their timely provision with means and objects of labor, control, as well as the establishment of a certain subordination between its participants. Such relationships are built on power and submission. Availability relation to subordination and control due to the need to streamline the efforts of the participants in joint labor in the interests of the workers themselves. It is in this form that it is possible to reconcile the interests of individual performers with the interests of the owner, owner, his representatives (administration). As a result, the relationship of subordination is perceived by the conscious majority of workers as a necessary condition for joint work, and not as an infringement of their rights or the imposition on them of burdensome, alien duties. Under the conditions of the election of certain leaders, these features of the organization of labor become quite obvious.

Relations of power and subordination are regulated rules of subordination among which the decisive role is given to legal (legal) rules. So, in the labor legislation, the duties of employees are fixed in a timely and accurate manner to fulfill the orders of the administration. Organizational and methodological standards, job regulations and instructions, orders on the distribution of powers in the management level of the administration (representatives of the employer) establish the circle of persons managing the activities of the contractor, the list of issues for which he is responsible to a higher representative of the administration.

"APPROVE"

CEO

OOO "ROMASHKA"

Fomin A.N.

INTERNAL WORK REGULATION

OOO "ROMASHKA"

1. GENERAL PROVISIONS

1.1. These Internal Labor Regulations (hereinafter - the Rules) determine the labor schedule in the Limited Liability Company "ROMASHKA" (hereinafter - the Company) and regulate the procedure for hiring, transferring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, time rest, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the Company.

1.2. These Rules are a local 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, efficient organization of labor, rational use of working time, ensuring high quality and labor productivity of the Company's employees.

1.3. The following terms are used in these Rules:

"Employer" - Limited Liability Company "ROMASHKA";

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

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

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

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

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

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

2. PROCEDURE FOR RECEPTION OF EMPLOYEES

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

2.2. When hiring (before signing 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;

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

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

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

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

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

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

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

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

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

2.8. Employment contracts may be concluded:

1) for an indefinite period;

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

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

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

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

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

2.13. A test for employment is not established for:

Persons elected on the basis of a competition for 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 have graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time come to work in their specialty within one year from the date of graduation from the educational institution;

Persons elected to an elective position for a paid job;

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

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

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

2.14. The 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 within three days from the date of the actual start of work. At the request of the employee, the Employer is obliged to issue him a duly certified copy of the said order.

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

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

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

3. PROCEDURE FOR THE TRANSFER OF EMPLOYEES

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

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

3.3. It is allowed to temporarily transfer (up to one month) an employee to another job not stipulated by an employment contract with the same employer without his written consent in the following cases:

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

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

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

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

4. PROCEDURE FOR DISCHARGING EMPLOYEES

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

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

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

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

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

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

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

5. BASIC RIGHTS AND OBLIGATIONS OF THE EMPLOYER

5.1. The employer has the right:

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

Conduct collective negotiations and conclude collective agreements;

Encourage employees for conscientious efficient work;

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

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

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

Adopt local regulations;

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

Exercise other rights granted to him by labor legislation.

5.2. The employer is obliged:

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

Provide employees with work stipulated by the employment contract;

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

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

Provide workers with equal pay for work of equal value;

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

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

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

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

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

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

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

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

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

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

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 trained in the prescribed manner and tested knowledge and skills in the field of labor protection;

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

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

In case of suspension for a period of up to two months of an employee’s special right (license, right to drive a vehicle, right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling the employee of obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the Employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health ;

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

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

The employer suspends from work (does not allow to work) the employee for the entire period of time until the circumstances that 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 holidays, paid annual holidays;

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

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

Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

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

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

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

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

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

Compulsory social insurance in cases stipulated by federal laws;

Other rights granted to him by labor legislation.

6.2. The employee is obliged:

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

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

Comply with these Rules;

Observe labor discipline;

Comply with established labor standards;

To 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 impede the normal performance of work (accidents, downtime, and so on), and immediately report the incident to the Employer;

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

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

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

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

Perform other duties stipulated by the legislation of the Russian Federation, these Rules, other local regulations and the employment contract.

6.3. The employee is prohibited from:

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

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

Smoking in the office premises, outside the equipped areas intended for these purposes;

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

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

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

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

7. WORKING HOURS

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

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

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

The duration of daily work is 8 hours;

Start time - 9.00, end time - 18.00;

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

7.1.2. If, upon hiring or during an employment relationship, an employee 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 a general education institution - no more than 12 hours a week);

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

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

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

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

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

Pregnant women;

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

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

A woman 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 with the following rest periods:

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

2) two days off - Saturday, Sunday;

3) non-working holidays:

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

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

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

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

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

Women - before maternity leave or immediately after it;

Employees under the age of eighteen;

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

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

In other cases provided for by federal laws.

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

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

Spouses of military personnel;

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

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

Honorary Donors of Russia;

Heroes 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 employee's salary in accordance with the Employer's current remuneration system, enshrined in the Regulations on Remuneration, consists of the official salary.

9.1.1. The size of the official salary is established on the basis of the staffing table of the Company.

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

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

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

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

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

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

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

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

9.7.1. Wages can be paid in a non-cash form by transferring them to the current account indicated by the employee, if the terms of transfer are specified in the employment contract.

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

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

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

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

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

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

10. REWARDS FOR WORK

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

Declaration of gratitude;

Issuance of an award;

Awarding a valuable gift;

Awarding an honorary diploma.

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

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

11. RESPONSIBILITIES OF THE PARTIES

11.1. Employee Responsibility:

11.1.1. For the commission by an employee of a disciplinary offense, that is, non-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 an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

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

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

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

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

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

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

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

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

11.1.14. The material 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 data, taking into account the degree of depreciation of this property.

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

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

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

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

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

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

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

11.2. Responsibility of the Employer:

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

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

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

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

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

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

11.2.7. If the Employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the Employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from unpaid amounts for each day of delay, starting from the next day after the due date of payment up to and including the day of actual settlement.

11.2.8. Moral damage caused to the employee by unlawful actions or inaction of the Employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract.

12. FINAL PROVISIONS

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

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

The labor schedule is a set of requirements and rules in accordance with which the work activities of employees are carried out. In the sphere of relations between the employee and the employer, the labor schedule is one of the main aspects of the activity that regulates the discipline of labor at the enterprise. At the same time, the work schedule of the organization is determined both by the norms of the Labor Code of the Russian Federation and other mandatory legislative acts, and by local documents directly adopted within the enterprise.

Labor schedule - what is it, legislative regulations

The internal labor schedule at the enterprise is the basis of labor discipline, provided both by the requirements of the legislator and the specific employer. The actual reflection of the labor schedule is found in the internal labor regulations. From the point of view of legislation, issues related to the labor schedule at the enterprise are regulated primarily by the principles of the Labor Code of the Russian Federation. In particular, the following articles of the Labor Code consider the issues of using the labor schedule:

  • Art.8. This article regulates the adoption and application within the framework of labor relations by the employer of local regulations, which also include internal labor regulations.
  • Art.15. Its standards are generally devoted to labor relations between employees and employers. In particular, it is this article that provides for the obligatory subordination of employees to the labor schedule established at the enterprise.
  • Article 21. This article establishes the duties of employees, among which the need to comply with the labor schedule at the enterprise is also mentioned.
  • Article 22. The aforementioned article considers the obligations of the employer, which include monitoring compliance with the established labor regulations by employees.
  • Art.56. The principles set forth in the said article consider the employment contract as a whole, as well as the fact that the conclusion of an employment contract automatically obliges the employee to comply with the labor schedule in the organization, regardless of whether this fact is mentioned in the text of the document.
  • Article 68. This article considers the hiring of employees, one of the stages of which is the preliminary, performed before the conclusion of an employment contract, familiarization of the applicant with the current labor regulations.
  • Art.91. The provisions of this article consider the concept of working time for employees, and also establish the obligation to mention working time in the labor regulations of the enterprise.
  • Art.100. This article regulates the working hours at the enterprise, and also directly indicates the requirement to indicate the working hours in the labor regulations.
  • Art.104. Its standards consider the summarized accounting of working hours at the enterprise and require, when applying it, to establish the accounting procedure in the organization's labor schedule.
  • Art.108. The said article regulates breaks at work, which should also be reflected in the internal labor regulations in the organization.
  • Art.109. This article is dedicated to special rest and heating, if required according to working conditions. At the same time, the procedure for granting these breaks, as well as the positions and types of work to which they apply, must be specified separately in the labor regulations.
  • Art.111. This article regulates holidays at the enterprise, while it also allows for the possibility of establishing a non-standard holiday regime in the PWTR.
  • Art.119. The mentioned article considers the provision, which should be reflected in the rules of the order at the enterprise.
  • Art.136. The principles of this article regulate issues related to the timing of payment of wages and the procedure for calculating employees. In particular, it also requires that specific dates of settlement with employees be indicated in the PVTR.
  • Art.189. This article defines the very concept of internal labor regulations and examines the discipline of labor in the enterprise as a whole.
  • Art.190. The standards in this article regulate the general procedure for the adoption of PWTR at the enterprise and their registration as a local regulatory act.
  • Art.191. The said article regulates the incentives for employees, which can also be reflected in the internal labor regulations, if it does not apply to the main types of incentives specified in this article.
  • Art.309.2. This article exempts employers with the status of a micro-enterprise from the mandatory execution of local regulations, including internal labor regulations, provided that all the necessary and legally binding information is reflected directly in the employment contract with the employee.
  • Art.372. The principles of this article oblige the employer to coordinate local regulations with representatives of the primary trade union organization, including the PWTR.

In general, the legal regulation of the organization's labor schedule, which is defined in the provisions of the Labor Code of the Russian Federation, is quite accurate. At the same time, there are quite a few direct requirements for it, so employers can quite freely regulate the activities of employees and labor relations.

Despite the wide level of freedom provided by the legislation to employers in matters of establishing a labor schedule, its norms should in no case contradict the requirements of the Labor Code of the Russian Federation and other regulatory documents in force both at the level of the entire state and individual subjects of the federation.

Labor schedule and labor discipline - what should be recorded in them

Based on the above provisions of Russian labor legislation, the labor schedule and its rules should reflect separate standards, both affecting issues of labor discipline and considering the relationship between the employer and the employee as a whole. Thus, the internal labor regulations must contain the following information:

The absence of internal labor regulations is allowed only for two categories of employers. These include individuals who are not individual entrepreneurs, as well as micro-enterprises, where all of the above information can be directly reflected in the terms of the employment contract. In the absence of rules of procedure adopted as a local regulatory act, the employer may be held administratively liable in accordance with the requirements of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Some information, as can be understood from the requirements of the law, must be indicated both in the rules of procedure and in the employment contract. At the same time, despite this duplication, it must be present in both of these documents without fail.

The procedure for determining the labor schedule of the organization

The adoption of the labor schedule, as well as any local regulations, must be accompanied by an appropriate procedural procedure. To determine the work schedule at the enterprise, it will be enough for the employer to use a fairly simple step-by-step instruction, which in general cases may look like this:

Both the order and the rules themselves must have in their text the full name of the organization, the details of the document itself in the form of a number or other data, and also have a clear page numbering. It is allowed to adopt additional annexes to the rules, which must also contain all the necessary details and be put into effect by separate orders. There is no need to flash or seal the PWTR, however, these actions are permissible.

Employees should always have access to the PWTR, including even at the stage of their being in the status of an applicant. Any changes in the PWTR must be brought to the attention of employees no later than two months before they come into force, while employees have the right to refuse to work in the changed conditions, but for this they can be fired, subject to the requirements of the Labor Code of the Russian Federation. The validity period of the PVTR is not regulated by law - by default, it is considered that this document does not have an expiration date.



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