In all organizations and institutions of the Russian Federation, where hired labor is used, regardless of the form of ownership, documents regulating the procedure for labor relations must be developed and implemented. The most important of these is the document - internal labor regulations for LLC.

Below we propose to download a sample of the design of this local act. Labor regulations are the main local normative act of an organization (department), firm or private entrepreneur, since it can contain all aspects of labor and other relations directly related to them. And yet, to follow the name exactly, this document should contain only information:

• On the time of rest and work
• About disciplinary measures

At the same time, the law does not prohibit the inclusion of labor internal regulations additional conditions, in particular, affecting the characteristics for certain categories of workers, wages, provisions on bonuses. But, for these purposes, it is more useful to develop separate additional local regulations without overloading the main one.

The designated rules of procedure can be an integral part of the collective agreement and be developed as an annex to it. Moreover, Article 190 of the Labor Code provides for a special procedure for the adoption of this document, where the employer must approve the rules based on the opinion of the trade union committee, if the latter exists in the organization.

Internal labor regulations of the organization. Development order, and main content

Like any other document common to the organization, the labor regulations should contain a general, special and final part. They are developed, as a rule, depending on the number of employees in the organization, by the personnel department, by the employer himself, or on his behalf by the head alone.

The document can be drawn up as a separate sheet, as well as in accordance with the GOST R 6.30-2003 standard. In the latter case, it contains several sheets, the first of them must comply with the standard of the forms of a particular enterprise (firm) and contain all its details with exact compliance in its constituent documents.

In the middle, the name of the document is printed, and just below the name of the enterprise. In the upper right corner indicate:

• date and place of acceptance,
• Full name of the head,
• his signature,
• the seal of the company, organization (division) and registration number.

The title page of the rules may not be drawn up.

• Based on the norms of the Labor Code of the Russian Federation and (or) the provisions of the collective labor agreement
• Do not contain information that contributes to the reduction and diminution of the employee's rights indicated by labor legislation, labor contract and other local legal acts

So, for example, typical internal labor regulations should have in the introductory part information on the purpose of the document and its purpose, on the working conditions at the enterprise, rights and obligations, information on the dates of payment of wages, the procedure for admission, as well as dismissal.

The main (special) part of the rules must contain provisions on the procedure for calculating working time in the form of shifts, hours, rationing and start and end times of shifts, delivery of workers to the enterprise. The second most important point of the special part should include a section for recording the time of rest (shift and inter-shift breaks, vacations, sick days, holidays and weekends).

The concept of internal labor regulations

In the legal literature, the internal work schedule is often identified with the internal work schedule, that is, the local regulatory legal act of the organization governing “the procedure for the admission and dismissal of employees, the basic rights, obligations and responsibilities of the parties to the employment contract, work schedule, rest time applicable to measures of incentives and penalties for employees, as well as other issues of regulation of 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 work schedule, with the result of its mediation. 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. Currently, the internal labor regulations are usually an annex to the collective agreement, which is concluded by the employees and the employer of the organization in the person of 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 jointly with it, if they are included in the collective agreement, albeit as an appendix. - a single legal act of the organization. The appendix to it is an integral part of it.

Secondly, the internal work schedule is mediated by a number of local regulatory legal acts. These are not only the rules of the internal labor schedule, but also the provisions on the divisions of the organization, official and technological instructions, workflow documents. Local legal acts fix, make it mandatory for all participants in joint work certain rules performing the work assigned to them. 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 maintenance 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 legal. The requirements of the technological process are addressed not only to employees, but also to representatives of the employer. They usually in a categorical form prescribe to them certain variants of labor behavior that are obligatory for them.

Consequently, 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 labor.

This system includes the following elements:

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

The internal work 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 work schedule at the beginning of the presentation of other institutions of a special part, and not at the institution (Section VIII of the Labor Code of the Russian Federation).

Normative basis of the internal labor schedule

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

Technological standards

In the legal literature, there is a discussion about technological standards different from technical (technical and legal) standards.In the normative basis of the organization's internal labor regulations, they occupy, if not 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 management of the technical process. They program for the employer (his representatives), employees, 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, obligatory for employees and the employer, for the extraction and processing of raw materials into semi-finished products or finished products... In a broad sense, it is a purposeful, pre-programmed sequence of labor actions of employees, subordinate to the requirements established by the employer, objectively determined by the laws of nature and technology.

The technological process predetermines any type of organization of non-personal contractual labor of employees subordinate to the employer. So, in the field of education, technological standards establish the rules of labor behavior, regulating certain stages (educational operations) of the teaching process (teaching students). It is they who constitute the normative basis of the internal order of the educational institution. Teaching staff of universities are required to lecture, advise students, applicants, graduate students, conduct seminars and workshops, supervise industrial practice, conduct current and final certification of students in the form of credits, exams, defense of term papers and theses.

Technological norms are inherent in all the main features that characterize the rule of law. Technological standards are mandatory for all participants in 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 regulation, are characterized by formal certainty. The form of their objectification at the level of the organization is the local regulatory legal acts - the documents of the technical process.

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 develops on their basis various options technical process. The choice of one or another option by the employer is objectively determined by the state's requirements for safety, protection of the life and health of consumers, the capabilities and interests of the owner of the means of production. The legislator, carrying out technical regulation of entrepreneurial activity, formulates appropriate recommendations in national standards, in technical regulations fixes the quality standards of individual production technologies and products. In fact, these are technological norms that enshrine at the level of federal legislation the rules of conduct of individual technical processes that are recommended and binding for the employer. 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 performer participating in its conduct.

We can talk about the specific properties of technological standards.

First, technological norms are ultimately based on the laws of nature and technology. The process documents contain references to technical codes. Although technological norms are based on the laws of nature and technology, the practice of their application depends on the will of the employer, that is, from many options of possible technological processes known to science, he chooses one that seems to him the most effective in the given conditions of its application, and fixes it in local normative legal acts, the rights and obligations of the participants in its conduct, the real implementation. As noted above, prior to this, 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 legally fixed by the rule-making body, including the employer, independently. They contain imperative requirements for participants in joint hired labor, on the conscientious implementation of which the efficiency of the technical process depends, and ultimately the work of the entire organization, its competitiveness.

Thirdly, technological standards, in contrast to technical ones, always have their addressees - participants in a joint labor process, conducting a specific technical process, they determine the content of the organization's production function.

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

Fifthly, by mediating a specific technological process of the organization, they determine the procedure for the implementation by the employees of the system of labor actions, operations, that is, the labor function of the participants in joint labor.

In the labor law literature, attempts have been made to classification technological standards. There are two types of such norms. The first provides for the rules of behavior of workers in the process of performing technological operations in 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 standards regulates the relations of workers with each other both vertically and horizontally when conducting a technical process. This type of norms in relation to the normative basis of the internal labor schedule can be more accurately attributed to the norms of subordination and coordination in the production team.

It is possible to classify technological standards depending on the content of the technical process in specific branches of material production (economy): technological standards for construction, production of metal structures, operation of power 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 guidelines and recommendations the employee in certain conditions is invited to be vigilant, to take additional measures for labor protection. They also recommend taking into account the individual characteristics of your body and well-being, avoiding negative emotions (irritation, indignation, fear), behaving in a balanced manner, etc.

The norms of positive commitment are much more common. They establish mandatory for employees and employer technical requirements to raw materials, semi-finished products, general requirements on labor protection, industrial sanitation, regulate certain labor operations inherent in this technological process (marking, turning, drilling, etc.).

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

The importance of regulating the requirements for maintaining the technical process for the employer is obvious. Thus, it provides final result labor. Employees are no less interested in the availability of technological standards. The results of a sociological survey indicate that for them the main prerequisite for a rhythmic, effective work is the streamlining of the technological cycle, adherence to the technological discipline of labor. The safety and efficiency of the work of the participants in the conduct of a particular technical process depend on the clarity, detail, and description of the labor operations by the employer.

Analysis of the documents of the technical process operating in the organization confirms that the technical process is a set of technological methods, links or operations. It can be represented as technological scheme, which predetermines the actual content of the internal labor schedule, that is, specific requirements for certain employees in the process of fulfilling their labor duties established in technological standards.

According to their goals, homogeneous local legal norms that mediate the technical process in an organization perform the same task - the establishment of a system of rules for the proper labor behavior of employees, a regulatory framework for the organization's internal labor schedule.

From the above, the following conclusions can be drawn.

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

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

Coordination standards

Relations organized labor complicity - important condition the effectiveness of the organization. it coordination relationship participants of the 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 (consolidated, 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, refrain from actions that prevent other workers from fulfilling their duties. Social and labor norms prohibit actions of employees that offend the dignity of other people, profanity, quarrels, smoking in non-designated areas, 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 consolidate the appropriate standards of labor behavior in a legal manner. The longer the cooperation, the more stable the team, the more customs, traditions, ethical and aesthetic rules are brought 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 for joint efforts (collective action). The initial "moral unity" provides in small organizations ("teams") a base of 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, the peculiarities of their development, known competition, prospects for improvement, strengthening or weakening of the role, depending on those specific historical conditions in which it has developed and works. production team.

One cannot but pay attention to the fact that the rules of coordination should accumulate as much as possible precisely at the level of a separate norm the authority of both moral and legal rules. Many flaws in the organization of work, ensuring discipline and order are also explained by the insufficient level of not only professional, but also personal culture, a disdain for moral ideals and ethical standards.

Subordination norms

Any process of joint labor requires an appropriate arrangement of workers, their timely provision with means and objects of labor, control, as well as the establishment of a certain subordination between its participants. These relationships are built on power and submission. Availability respect for 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 the interests of individual performers can be reconciled with the interests of the owner, owner, his representatives (administration). As a result, the relationship of subordination is perceived by a conscious majority of workers as a necessary condition for joint work, and not as an infringement of their rights or imposing on them burdensome, alien duties. Under the conditions of the election of certain leaders, these features of the organization of labor become quite obvious.

The relationship of power and subordination is governed by norms of subordination, among which the decisive role is assigned to legal (legal) rules. Thus, the labor legislation stipulates the obligations of employees to timely and accurately fulfill the orders of the administration. Organizational and methodological standards, official positions and instructions, orders on the distribution of powers in the management level of the administration (representatives of the employer) establish the circle of persons leading the activities of the performer, a list of issues on which he is responsible to a higher representative of the administration.

In this article, we will consider how to correctly draw up and approve the internal labor regulations, how to apply them. Let's analyze 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 PVTP) 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 asks for in the first place when conducting an inspection, and the inspectors pay attention not only to the existence of rules, but also to their design, content and procedure for familiarizing themselves with employees. Let's consider how to correctly compose, approve and apply them; Let's analyze 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 absence of internal labor regulations, the employer can be brought to administrative responsibility () regardless of the average number of employees. I would like to note that, perhaps, in the near future, micro-enterprises will be relieved of the obligation to draw up internal labor regulations: the Ministry of Labor of Russia has developed a draft law (draft Federal Law "On Amendments to the Labor Code of the Russian Federation (regarding the specifics of labor regulation of persons working in micro-enterprises) "(prepared by the Ministry of Labor of Russia 09/14/2015)), under which legal entities and individual entrepreneurs with up to 15 people) will be able to refuse to approve local regulations. But the bill has not yet been adopted, and the employer cannot use it at present.

Error 2

Approval by an unauthorized person. To determine the procedure for approving the rules of the internal labor schedule, it is necessary to refer to the charter, it is in the charter of the company that it is spelled out whose competence is the approval of local acts. 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 attributed 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 carries the risk of recognizing local acts as invalid and not applicable. So it's worth checking the charter. If the charter, for example, stipulates that the approval (adoption) of documents regulating the internal activities of the company (internal documents of the company) is within the competence of the general meeting of participants in the company, then the rules of the internal labor schedule cannot be approved by the general director.

Error 3

Absence of a mark on taking into account the opinion of the representative body of workers. 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 PVTP are developed by the employer, then the draft of the developed rules is sent for approval to the representative body of workers and, if no objections from the said body have been received, they are approved. But now you rarely find a company that has a representative body of workers 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, Romashka LLC does not have a representative body of workers."

Error 4

Employees are not familiar with the internal labor regulations. The employer's duty is 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 PTP are approved, placed in a public place, but the employer cannot confirm the fact that employees are familiar with the document, and meanwhile, if the employee is not familiar with the internal labor regulations of the company, the same fine is threatened as for their absence. ().

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

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

The employer can choose a way of familiarization 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", then a list of acts is provided.

Composition and structure of internal labor regulations

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

• general provisions;
• the procedure for the admission and dismissal of employees;
• the rights and obligations of the employee and the employer;
• responsibility of the employee and the employer;
• work schedule, rest time;
• the procedure for remuneration (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 hours;
• the procedure and terms for familiarization with work or shift schedules;
• a list of positions with irregular working hours (can be displayed in a separate local regulatory act);
• duration of additional vacation;
• cases, duration and procedure for granting special breaks for heating and rest;
• a list of works 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 related to a business trip (can be withdrawn into a separate local regulatory act);
• the size and procedure for reimbursement of expenses related to official travel of employees who have established a 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).

Error 5

Internal labor regulations are formal in nature. The mistake of many employers is that they draw up a PTP for the labor inspectorate and other regulatory authorities in order to avoid fines. But the employer, first of all, should be himself interested in the adoption of this document, since this is the employer's main tool, 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 PVTP. For example, you can envisage the following.

• The 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 to work, leaving work, returning from lunch break.
• The procedure for providing employees with additional health insurance or cellular payments. Often companies provide employees with VHI policies or pay them for cellular communication costs. In order to avoid disputes, it is worth consolidating this procedure in the PVTP (when an employee has the right to VHI, what level of insurance is required for a certain category of employees, which employees are paid for cellular communications, what are the established limits for cellular communications and other issues). Also, the inclusion of this condition in the PVTP is necessary to recognize the cost of voluntary medical insurance and cellular communications in the cost of income tax.
• Rules of compliance with the dress code. 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 regime established in the company, the procedure for observing commercial secrets, etc.).

EXAMPLE

When developing the internal labor regulations for the company, the client received a request to include in the internal labor regulations the condition that the employee is responsible for installing an unlicensed program on the work computer. For the client, the question was very relevant, since 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 establishing any software without the written consent of the general director of the company, drawn up in duplicate for each party.

Error 6

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

Common violations of internal labor regulations

When conducting a personnel audit in mandatory the internal labor regulations are checked. Here is a list of violations that are detected.

Requirement of additional documents.

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

Check for a criminal record or administrative offenses.

In accordance with the requirements of the legislation (), a certificate of conviction is provided upon admission to work related to activities that are not allowed to be carried out by persons who have or have had a criminal record, are subject to 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 convictions and administrative offenses is not open information and the employer cannot legally gain access to them.

Absence of the section "Responsibility of the employee and the employer".

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

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

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

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

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 - reprimand, reprimand, dismissal (), unauthorized establishment of other types of penalties is an offense.

Establishing a ban on part-time work or business.

An employee has the right to engage in any type of activity (work part-time or conduct own business) in his free time from work, the employer has no right to establish a ban.

The following violations are also encountered:

• the time of start and end of work, breaks in work is not indicated;
• the terms for familiarization with work schedules on shift are less than established by the Labor Code ();
• the procedure for maintaining the summarized accounting of working hours is not spelled out;
• the employee is obliged to divide the vacation into parts strictly for 14, 7 and 7 days;
• the duration of the additional vacation is not specified or the duration of the main vacation is set less than 28 calendar days;
• the dates of payment of wages are not indicated.

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

Aida Ibragimova, Head of Human Resources, KSK Group

DEFINITIONS

Discipline of work - compulsory for all employees obedience to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, collective bargaining agreements, agreements, local regulations, labor contracts.

- a local normative act regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer

[Article 189 of the Labor Code of the Russian Federation]

My definition

Under enterprisei understand the form of conducting commercial and non-commercial activities with the involvement of employees. An enterprise can belong to both a legal entity and an individual entrepreneur.

Articles 189 and 190 of the Labor Code of the Russian Federation establish a provision according to which the work schedule for all employers (organizations and individual entrepreneurs), regardless of the form of ownership, is determined by the rules of the internal work schedule.

Internal labor regulations (Further - rules) are a local normative act and are valid within a specific enterprise. Consequently, enterprises independently determine their content (Article 189 of the Labor Code of the Russian Federation).

rules approved by the head of the enterprise, taking into account the opinion of the representative body of employees (Article 190 of the Labor Code of the Russian Federation). Taking into account the opinion means that the document must contain the signature of the employee's representative, confirming the agreement Of the Rules with a representative body.

Employee representatives may be:

Trade unions and their associations;

Trade union organizations provided for by the charters of all-Russian, interregional trade unions;

Other representatives elected by employees (Article 29 of the Labor Code of the Russian Federation).

rules internal work scheduleare an independent local document.

If a collective agreement is concluded between the employees and the employer, then rulesusually attached to this agreement (they are an annex to the collective agreement).

Lack of Internal Labor Regulations may entail a number negative consequences for the organization. In particular, an employee cannot be held liable for non-compliance with the internal regulations of the organization, since he does not know the mandatory requirements of the organization that regulate his work.

Also, in the event of disputes about the legality of dismissal, it will be difficult for an organization to prove which obligations the employee violated. Consequently, the employee may be reinstated at work, paid compensation for the time of the forced absence, possible compensation for moral damage and legal costs.

Lack of Of the Rules is a violation of labor law, entailing liability under Art. 5.27 of the Administrative Code in the form of a fine on officials in the amount of 1,000 to 5,000 rubles, and on legal entities - from 30,000 to 50,000 rubles. or suspension of the enterprise for up to 90 days. A repeated similar violation entails the disqualification of an official for a period of 1 to 3 years.

Below is an example sample Of the Rules:

Internal labor regulations

______________________________________________________

(name of company)

1. General Provisions

1.1. The internal labor regulations ________________ (hereinafter referred to as the Enterprise) are a local normative act regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, basic rights, obligations and responsibilities of the parties to the employment contract, working hours, rest time, measures of incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization.

1.2. Internal labor regulations of the Enterprise should contribute to the strengthening of labor discipline, the rational use of his working time, the formation of a team of workers with the necessary professional qualities and organizing their work in accordance with the norms of the legislation of the Russian Federation on labor, these Rules and the requirements of job descriptions.

2. The procedure for organizing the work of the Enterprise

2.1. The management and management of the current activities of the employees of the Enterprise is carried out by the Director General of the Enterprise and his deputies.

2.2. The powers of the General Director of the Enterprise and his deputies are defined in their job descriptions.

2.3. The General Director of the Enterprise and his deputies (hereinafter referred to as the management of the Enterprise) organize and control the activities of the structural divisions of the Enterprise, recruit and dismiss employees.

2.4. The structural divisions of the Enterprise carry out their activities in accordance with the regulations on them and job descriptions of employees approved in the prescribed manner.

3. The procedure for hiring, the conditions for career growth and the procedure for dismissing employees of the Enterprise

3.1. Before making a decision on admitting an applicant for a vacant position, in order to more fully assess his professional and business qualities, the management of the Enterprise may invite him to submit a short written description (resume) of the previous work.

3.2. Labor relations between an employee and an employer in accordance with Article 16 of the Labor Code of the Russian Federation arise on the basis of an employment contract concluded in the manner prescribed by labor legislation.

The conclusion of an employment contract with persons applying for work is carried out in strict accordance with Chapter 11 of the Labor Code of the Russian Federation "Conclusion of an employment contract".

Employees are hired by order of the General Director of the Enterprise on the basis of an employment contract concluded with the employee and the application for employment submitted by him.

3.3. Employee's immediate supervisor:

a) acquaints him with the work entrusted to him, as well as with the job description, these Rules and other documents necessary for him in the process of work (against signature);

b) explains to him his rights and obligations, introduces him to colleagues at work, as well as to the heads of departments with whom he will have to interact in the process of work.

3.4. Responsible persons of the Company:

a) conduct briefing with the accepted employee on safety precautions, industrial sanitation, fire protection, etc.;

b) familiarize the employee with various regulatory and local legal acts related to his labor function;

c) warn the employee about his obligation to preserve information constituting a commercial or official secret of the Company and responsibility for its disclosure and transfer to other persons.

If necessary, an additional agreement on non-disclosure of commercial secrets can be concluded with the employee.

3.5. The issues of raising employees in positions are considered on the basis of the representations of the heads of structural divisions, based on the results of certification, as well as the professional and personal qualities of the employee.

3.6. Termination of labor relations with employees is carried out on the grounds provided for by labor legislation, and is formalized by order of the General Director of the Enterprise.

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

The employee has the right to terminate the employment contract concluded with him at his own request, notifying the management of the Enterprise about this two weeks in advance.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

3.7. The day of dismissal of an employee is the last day of his work, on which the final settlement is made with him and in accordance with the labor legislation of the Russian Federation, he is issued a labor letter with a note of dismissal.

4. Working hours and rest time

4.1. In accordance with the Labor Code of the Russian Federation, a 40-hour working week is established for all employees of the Enterprise. The days off are Saturday and Sunday, as well as non-working days. holidays... The beginning of the working day is 9.00, the end is 18.00, the lunch break is from 13.00 to 14.00.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour.

Work on weekends and public holidays is generally not allowed. Employees are involved in work on weekends and non-working holidays in cases and in the manner provided for by labor legislation, with the obligatory written consent of the employee.

4.2. For certain categories of employees of the Enterprise, shift work, work in flexible working hours, as well as the division of the working day into parts may be established.

For employees of the Enterprise working on a duty (shift) schedule, the start and end time of working hours is determined by the duty (shift) schedules.

The schedule of duty (shift) is approved by the General Director of the Enterprise and is brought to the attention of employees, as a rule, no later than a month before it is put into effect.

In continuous work, it is prohibited to leave work until the arrival of a shift worker. In the event that the replacement employee of the Enterprise does not appear, he notifies his immediate superior, who is obliged to immediately take measures to replace the replacement employee with another employee.

4.3. At the initiative of the management of the Enterprise, in accordance with Article 99 of the Labor Code of the Russian Federation, employees can be involved in overtime work. Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year.

4.4. Changes to the general operating mode are allowed for individual divisions on the basis of orders of the General Director of the Enterprise.

4.5. Employees of the Enterprise are provided with an annual basic paid leave with preservation of their place of work (position) and average earnings for 28 calendar days ( 36 calendar days, etc. in accordance with the law). The sequence of providing paid vacations is determined annually in accordance with the vacation schedule approved by the management of the Enterprise no later than two weeks before the onset of the calendar year.

5. Incentives for work

5.1. For conscientious execution job responsibilities, the manifestation of initiative and enterprise by the decision of the management of the Enterprise and on the basis of the presentation of the immediate superior, employees can be encouraged:

Announcement of gratitude;

Prize;

Rewarding a valuable gift.

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

6. Social security

6.1. Employees of the Enterprise are subject to state social insurance. Employees, subject to appropriate conditions, are paid benefits and compensations from the Social Insurance Fund (benefits for temporary disability, maternity benefits, etc.).

7. Salary

7.1. The employees of the Enterprise are assigned a salary according to the staffing table.

7.2. Wages are paid 2 times a month: on the 25th of the current month (advance) and on the 10th of the month following the expired month (final settlement).

8. Labor discipline

8.1. All employees are obliged to obey the management of the Enterprise and its representatives, endowed with the appropriate authority, follow their instructions related to work, as well as orders and instructions of the management of the Enterprise.

8.2. Employees are obliged to keep confidential information related to industrial, trade, financial, technical and other information that became known to them in connection with the performance of their labor duties.

8.3. For the commission of a disciplinary offense - namely: non-performance or improper performance by an employee through his fault of the labor duties assigned to him - the management of the Enterprise may apply the following disciplinary sanctions to him:

Comment;

Rebuke;

Dismissal on appropriate grounds.

8.4. Before a disciplinary action is taken, the employer must ask the employee for a written explanation. If the employee refuses to give the specified explanation, an appropriate act is drawn up. An employee's refusal to provide an explanation is not an obstacle to disciplinary action.

8.5. The order (order) of the General Director of the Enterprise on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (order), an appropriate act is drawn up. In accordance with Article 66 of the Labor Code of the Russian Federation, information on penalties is not entered in the work book, except in cases where the disciplinary penalty is dismissal.

8.6. During the entire duration of the disciplinary sanction, the incentive measures specified in these Rules are not applied to the employee.

9. Final provisions

9.1. All employees of the Enterprise are required to comply with the established access control, have a pass with them and present it at the first request of the security personnel.

9.2. The employees of the Company are prohibited from smoking in places where such a ban is established in accordance with the fire safety requirement; bring with you and use alcoholic drinks, enter the territory of the Company and be at their workplace in a state of alcoholic, drug or toxic intoxication.

9.3. Internal labor regulations are kept in the personnel department, and are also posted in the structural divisions of the Enterprise in a conspicuous place.

In accordance with Art. 189 of the Labor Code of the Russian Federation, internal labor regulations (hereinafter referred to as the Rules) are a local normative act of the organization that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, basic rights, obligations and responsibilities of the parties to an employment contract, working hours, hours rest, incentives and penalties applied to employees, as well as other issues of regulation of labor relations with this employer.

Internal labor regulations, as a rule, are an annex to the collective agreement. However, this provision is not a mandatory requirement, but is provided at the discretion of the employer. Such an indication is due to the fact that, in accordance with the requirements of the current labor legislation, each employee of the enterprise must also be familiar with the Rules. And if they are an annex to the collective agreement, then the employee can be familiarized with a single document and, accordingly, he will also sign once.

However, despite the fact that the Rules may be an appendix to an employment contract, it should be noted that the procedure for their creation and approval differs significantly from the procedure for concluding a collective agreement.

The internal labor regulations are approved by the employer taking into account the opinion of the representative body of the employees of the organization in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. Thus, the internal labor regulations are developed by the employer. Then the draft of the developed Rules is sent for approval to the representative body of employees, if such a body is created at the enterprise. And if there are no objections from the specified body, then the head of the organization, being a representative of the employer, approves the Rules and prescribes the date of their approval. After the approval of the internal labor regulations, each employee must be familiarized with the said Rules against signature. If the Rules are drawn up as an annex to the collective agreement, then they are also subject to notification registration with the relevant labor authority at the location of the organization simultaneously with the registration of the collective agreement.

The legislator defines an indicative list of issues that may be raised in the Rules. These include the procedure for the admission and dismissal of employees, the basic rights, obligations and responsibilities of the parties to the employment contract, the work schedule, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations with this employer. These provisions are usually formalized in the form of the corresponding sections of the Rules. However, when developing the Rules, it is necessary to take into account, first of all, the individual characteristics of the organization's internal labor regulations. Some of them are listed below.

So, for example, taking into account that at present many enterprises, in order to maintain competitiveness and attract more consumers, prefer to establish a work schedule "without breaks and days off", compliance with labor legislation in such cases will be possible only if the specifics are reflected in the Rules working hours typical for a given enterprise, which can provide for the duration of the working week (five days with two days off, six days with one day off, a working week with the provision of days off on a sliding schedule), work with irregular working days for certain categories of workers, the duration daily work (shift), start and end time of work, break time, number of shifts per day, alternation of working and non-working days.

If it is necessary to establish irregular working hours for individual employees of the organization, a list of positions of such employees should be established in the Rules.

The Rules must establish the terms for the payment of wages, indicating the specific days of its payment to employees.

At jobs where, according to the conditions of production (work), the provision of a break for rest and meals is impossible, the employer, in accordance with the current labor legislation, is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating should also be established by the Rules.

If, in certain types of work, it is envisaged to provide employees during working hours with special breaks due to the technology and organization of production and labor (for example, for heating, for rest), then the types of these works, the duration and procedure for granting such breaks are also established by the Rules.

If the enterprise has a five-day working week, then the employer has the opportunity to determine the second (in addition to Sunday) day off, indicating it in the Rules. But at the same time, the legislator makes a reservation that both days off are provided, as a rule, in a row.

In organizations where the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week to each group of employees in turn in accordance with the Rules.

The rules also regulate the procedure for granting additional annual leaves, their duration, as well as the procedure for compensating the employee if such leave is not granted with the employee's consent.

The provisions of the Rules also regulate the issues of payment of wages - payment terms, specifying specific days of the month on which employees are paid wages. The regulations may also define additional incentives in comparison with labor legislation and the conditions for their application to employees.

Thus, the Rules are a document that allows the employer to reflect all the specifics of labor relations characteristic of a given enterprise, taking into account both the interests of the employer and employees in order to stimulate the latter to increase labor productivity. But at the same time, one should not forget that the main principles for the development of the Rules, like any other local regulatory act, are the need to comply with labor laws and a prohibition on the deterioration of working conditions for employees in comparison with the provisions of regulatory acts in the field of labor.

Section 190. The procedure for approving the rules of the internal labor schedule

Commentary on Article 190

§ 1. Until February 1, 2002, the internal labor regulations were developed by organizations and approved by the general meeting (conference) of employees on the proposal of the administration. This order has now been canceled.
§ 2. Article 190 of the Code provides that the internal labor regulations of the organization are approved by the employer himself, taking into account the opinion of the representative body of the employees of the organization. The procedure for taking into account the opinion of an elected trade union body representing the interests of the organization's employees when adopting local regulations containing labor law norms is determined by the Code (see Art. 372 and the commentary to it).
§ 3. The internal labor regulations of the organization approved by the employer are usually posted in a conspicuous place in departments, workshops, laboratories and other divisions.
§ 4. In accordance with Art. 56 of the Labor Code, when concluding an employment contract, an employee undertakes to comply with the internal labor regulations. As for the employer, he has the right to demand that persons who are in an employment relationship comply with this obligation. The employer is obliged to familiarize employees with the rules when hiring them.
§ 5. Internal labor regulations are usually an annex to the collective agreement in cases where such an agreement was concluded in the organization.

• Internal labor regulations (sample 2) (DOC 240 Kb)
• Internal labor regulations (sample 1) (DOC 100 Kb)

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