Certificate of compliance with internal labor regulations. Labor schedule

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

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

Approval of the internal labor regulations and familiarization with them

Error 1

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

Mistake 2

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

Mistake 3

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

Error 4

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

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

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

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

The composition and structure of the internal labor regulations

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

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

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

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

Mistake 5

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

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

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

EXAMPLE

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

Mistake 6

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

Common violations of internal labor regulations

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

Requirement of additional documents.

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

Check for a criminal record or administrative offenses.

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

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

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

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

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

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

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

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

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

The following violations also occur:

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

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

Aida Ibragimova, Head of Human Resources KSK Group

APPROVE:

(name of employer)				(approval stamp)
RULES OF THE INTERNAL WORK REGULATION
				(mark on taking into account the opinion of the representative body of employees)

Chapter 1. General Provisions

1. These Internal Labor Regulations are introduced for employees

2. These Internal Labor Regulations regulate the procedure for hiring and dismissing employees, the basic rights, obligations of the parties to an employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization.

Chapter 2. Basic rights and obligations of employees

3. Every 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;

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

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

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

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

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

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

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;

4. Each employee is obliged:

Conscientiously fulfill their labor duties assigned to him by the employment contract;

Comply with the rules of internal labor regulations;

Observe labor discipline;

Comply with established labor standards;

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;

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 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),

Do not distribute false and distorted information about the employer and information that discredits the business reputation of the employer;

Conclude an agreement on full liability in the event of starting to work with material assets on a legal basis and provided that the work performed by the employee or his position is assigned by law to the list of those for which it is permissible to conclude an agreement on full material liability;

5. The range of duties (works) that each employee performs in his specialty, qualification or position is determined by individual labor contracts concluded with employees, job descriptions and internal regulations of the organization, technical rules.

Chapter 3. Basic rights and obligations of the employer

6. 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 internal labor regulations;

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, amend existing local regulations;

7. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and labor 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;

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, these internal labor regulations, 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, with changes made to them;

Consider the submissions of the relevant trade union bodies, other representatives elected by employees about the identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives;

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;

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;

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

Chapter 4. Procedure for hiring, suspension from work and dismissal of employees

Recruitment.

8. When hiring, the employer has the right to demand, and the employee is obliged to provide the following documents:

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 - upon admission to a position requiring special knowledge or special training. These positions are:

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 the Labor Code of the Russian Federation, other federal law, persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed.

9. The employer is obliged to keep work books for each employee who has worked for him for more than five days, if the work is the main one for the employee. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer at his own expense. 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.

10. When hiring a part-time job, the employer has the right to demand, and the employee is obliged to present to the employer a passport or other identification document. When hiring part-time for positions requiring special knowledge, the employer has the right to require the employee to present a diploma or other document on education or training or their duly certified copies.

11. When hiring, the employer is obliged to conclude an employment contract with the employee.

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 must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

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.

12. Employment is formalized by the order (instruction) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer on 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 (instruction).

13. When hiring (before signing the employment contract), the employer is obliged to familiarize the employee against signature with the collective agreement, internal labor regulations, other local regulations directly related to the employee's labor activity, namely:

14. Suspension from work.

The employer does not allow the employee to work:

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 up to two months of the special right of an employee (licenses, rights to manage vehicle, the right to bear arms, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill the obligations under the employment contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;

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.

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. In cases of suspension from work of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination (examination) through no fault of his own, he is paid for the entire time of suspension from work as for downtime.

Dismissal procedure.

15. An employment contract between an employee and an employer may be terminated only on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.

16. Termination of an employment contract is formalized by an 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).

17. 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.

18. 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. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

19. 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 notice to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book. 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.

Chapter 5. Working time and rest time

20. A 40-hour working week, a normalized working day is established for employees holding the following positions (employees of the following structural divisions):

For these employees, the following start, end of work and breaks for rest and meals are established:

	Monday Friday		holiday days
Beginning of work
End of work

The employees listed in this paragraph are provided with days off:

In cases established by law, employees are provided with reduced and part-time working hours.

21. A flexible working time regime is established for employees holding the following positions:

For these employees, the end and total length of the working day is determined by the work schedule. The duration of working hours for the accounting period should not exceed the normal number of working hours established by law. The accounting period of working time is ______________________________ (week, month, year). The employer ensures the maintenance of a summarized record of the working time of employees. The summarized accounting of working time is introduced taking into account the opinion of the elected body of the primary trade union organization

22. An irregular working day is established for employees holding the following positions:

These employees are annually provided with additional paid leave in the amount of 3 days.

23. Employees are annually provided with a basic vacation of 28 calendar days with the preservation of their place of work (position) and average earnings.

Leave for the first year of work is granted after six months continuous work at the employer. In cases stipulated by the labor legislation of the Russian Federation, at the request of the Employee, the Employer may grant leave until the expiration of six months of continuous work. 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 Employer's vacation schedule.

The sequence of granting paid holidays is determined annually in accordance with the vacation schedule 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 established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

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.

24. For family reasons and other valid reasons, the Employee, upon his application, the Employer may provide short-term leave without pay.

25. Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Chapter 6. Remuneration of employees

26. When paying wages, the employer is obliged to notify each employee in writing:

1) about constituent parts wages due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, for the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

27. Wages are paid to the employee, as a rule, at the place of performance of work by him or transferred to the bank account indicated by the employee in a written application on the terms determined by the collective agreement or labor contract.

28. Wages are paid at least every half a month, namely on the following days: "_____" and "_____" of each month.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day. Holidays are paid no later than three days before the start of the holiday.

29. In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount.

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 next day after the due date of payment up to and including the day of actual settlement.

Chapter 7 Labor schedule, labor discipline

30. All employees must obey the leadership of the organization.

Employees are obliged to comply with orders, instructions, instructions given by a higher manager, as well as instructions and instructions that are brought to their attention through official instructions or announcements. Any action that may violate normal order or discipline is prohibited.

These actions include:

Distracting other employees from work on personal and other issues not related to work;

Distribution in the organization of publications, leaflets and hanging materials without appropriate permission;

Drive to the territory of the employer of unauthorized persons;

Performing personal work at the workplace;

Removal of the property of the employer from the territory of the employer and its divisions without the permission of the employer;

Using the employer's phones for personal negotiations, using computers, cars, other equipment, equipment, and other property of the employer for personal purposes without the permission of the management;

Failure to comply with the terms of paid vacations established by the management of the organization;

Leaving on long time his workplace during working hours without informing management about this.

31. Permits to leave the workplace may be given by the head of the employer, in particular, in the following cases:

An employee who falls ill at work must go home;

An unexpectedly serious event in the family;

Summons to social security or law enforcement agencies;

Visiting a specialist doctor if necessary;

Laboratory examinations;

regular medical treatment;

Examinations of a professional nature;

Early care due to the need to leave for family leave.

Any absence from work due to illness, except in cases of force majeure (force majeure), must be reported to the management within the period of ________________________.

32. Employees, regardless of their official position, are required to:

Show each other courtesy, respect, mutual assistance and tolerance;

Maintain complete secrecy outside the organization of all industrial, commercial, financial, technical or other transactions of which they become aware at work or in connection with the performance of their duties, in particular everything related to the secrets and methods used in the activities of the organization and its clients .

Incentives for work

33. The employer encourages employees who conscientiously perform their labor duties in the form of:

1) thank you announcements,

2) the issuance of an award,

3) rewarding with a valuable gift,

4) awarding a certificate of honor,

5) submission to the title of the best in the profession,

Incentives are announced in an order or order, brought to the attention of the entire team and entered in the employee's work book.

Disciplinary sanctions

34. For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

35. Dismissal as a disciplinary sanction may be applied on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81 or paragraph 1 of Article 336 of the Labor Code of the Russian Federation, as well as paragraph 7 or 8 of part one of Article 81 of the Labor Code of the Russian Federation in cases when guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

36. 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.

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.

For each disciplinary offense, only one disciplinary sanction may be applied.

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 issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

37. 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.

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

38. These Internal Labor Regulations come into force on _____________ and are valid until __________________________________________.

Changes to these Internal Labor Regulations are developed and approved by the employer, taking into account the opinion

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

Labor schedule of the organization

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

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

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

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

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

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

Basic rules of VTR

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

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

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

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

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

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

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

Infringement of the rights of employees, as well as the imposition of excessive duties on them by the employer, is unacceptable. In that significant influence the content and composition of the rules of the VTR may be provided by the trade union committee or other body guarding the observance of the legitimate interests of employees.

VTR Rules on Working Time and Rest Periods

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

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

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

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

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

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

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

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

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

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

Important "disciplinary" section

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

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

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

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

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

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

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

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

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

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

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

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

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

Example

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

“7. Access mode and work with magnetic passes.

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

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

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

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

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

Results

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

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

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

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

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

In the upper right corner, the stamp of approval of the rules is drawn up. For example, I APPROVE General Director Full name Date of.

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

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

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

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

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

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

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

The STRP may also include other sections, such as "Confidential information", "Access and intra-object mode".

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 rules in this article govern general order adoption of the PVTR 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.