A sample of the organization’s internal routine. Typical internal labor regulations

In addition to the all-Russian normative acts, legislative decrees at the level of subjects, workers are obliged to comply with the AVR. That is, the rules of the internal work schedule. They are made directly by the employer. In the article, we will present samples of the PTRA, consider what legislative acts are based on the compilers of the document, what is its importance, what sections must be included in the rules.

What is it?

The organization’s internal regulations are local mandatory executive acts containing information on the organization of work of the labor collective, principles of interaction between the employer and employees. This kind of personnel documentation governs the rules for admission to the workplace, dismissal, vacation schedules, remuneration, awards, penalties for misconduct associated with the performance of official duties.

Russian law requires each company, institution to have not only its own internal rules of the organization, but also other internal (local) regulatory documents governing the activities of workers. What could it be?

For example, in the accounting environment - accounting policies, in the personnel - the development of internal labor regulations. This document should be available to all employers, regardless of the scale of their activities, form of organization. PVTR are developed by IP, LLC, PAO. This is prescribed by Art. 189 of the Labor Code.

Such Rules are a very common document, since it covers all areas of the organization’s functioning. The employer needs to have it already at the beginning of its activity. Therefore, many employers consider samples of the organization’s internal routine in order to draw up their personal documentation on their basis.

Model rules need to be improved?

But who makes up the typical options? Once the state dealt with this issue. A sample of the organization’s internal regulations was approved by Decree of the State Committee for Labor of the Soviet Union No. 213 (1984).

The main difficulty is that this type of standard is already obsolete, as it was developed more than 30 years ago. In the modern realities of labor law, the internal work schedule of an organization of such a plan is not suitable. It is necessary to make changes to it, since the requirements of the Labor Code are already qualitatively different than in the days of the USSR.

In addition, any sample of the organization’s internal routine needs to be finalized, depending on the specifics of the enterprise itself. It is necessary to take into account the wishes of the trade union committee and the workers themselves. Already, taking into account all of the above, make changes to the standard-type PTR. And get your own original document based on the sample.

Necessary sections

The difficulty in the development of the PTTR is also in the fact that such an act is a very common document. In other words, this is the Labor Code of the Russian Federation in miniature. Of course, it is impossible to include all the chapters, sections and articles of the Labor Code into the Rules, and in some cases it is not necessary.

Nevertheless, personnel officers recommend that you place the following sections there:

• The procedure for employing new employees.
• The order of dismissal of workers.
• Opening hours, rest time of employees.
• Basic rights and obligations of employers.
• Basic rights and obligations of workers.
• Responsibility of both the employer and employees.
• The procedure for paying remuneration for labor.
• Incentives and penalties applicable to workers.
• Other important rules for the employer governing labor relations.

The following can be entered into typical P&A at the request of the employer:

• Requirements for the appearance of employees, dress code.
• Restrictions on the use of social networks on work computers, on the use of smartphones during working hours.

What should not be included in the document?

The employer needs to remember that the PTRC contains only general rules regarding the conditions of work in his organization. It also contains the general requirements of the company management for its employees.

PVTR is mandatory for all workers in the company, in the enterprise. This is prescribed by Art. 21 of the Labor Code of the Russian Federation: every officially employed citizen is required to comply with the labor regulations of the specific organization in which he works.

Hence, the rules should be of the most general, universal order - easily applicable to each employee. And the leader, and the serving professional, and individual specialists.

The personal requirements for individual workers should not be included in the document. They are included in job descriptions. It also indicates the requirements for individual jobs, the functioning of specific officials. Such information must also be included in employment contracts for employees. But there is no place for her in the PTR.

Employer Responsibility

If the employer deviates from the model of the organization’s internal routine and does not include an important section duplicating the requirements of the Labor Code of the Russian Federation in this local act, then this will be revealed upon verification by the State Labor Inspectorate. If violations are found, the inspector will issue an order binding upon the employer, which threatens the onset of a certain kind of responsibility.

Personnel officers do not advise to rewrite the entire Labor Code of the Russian Federation to the PTR, although it is the main model for this local act. It is important to ensure that none of the requirements of such local Rules contradicts the Labor Code, does not worsen the situation of employees in comparison with workers of other organizations that operate strictly according to the Labor Code. Otherwise, Art. 8 of the Russian Labor Code cancels the adoption of a local regulatory act by this employer.

Adoption and approval of the act

Before accepting the PTR, the document must be agreed with the trade union (if there is such an association of workers). If approval is received, the details of the minutes of the trade union meeting are indicated.

The internal labor regulations are approved by a separate order. He is signed by the director. It is sent to the heads of structural divisions and the head of the personnel department. It is their responsibility to bring this information to subordinates under signature, to ensure that workers comply with these Rules.

The head of the personnel department must place a copy of this act (for general familiarization) on information stands. And also to provide the opportunity for all candidates for vacant positions to get acquainted with the PTR before the fact of signing a labor contract when they are employed.

In order to record the fact that the employees of the company are familiarized with the new Rules, you can keep a special journal or register of familiarization, where workers will affix their signature-confirmation. PTTRs are printed separately for newly hired staff. During employment, they also put their signatures in a special accounting journal, thereby confirming the fact of familiarization with the Rules. Art. 68 of the Russian Labor Code prescribes this before signing an employment contract.

Consideration of the opinion of the elected body

This is directly stated in article 372 of the Labor Code of the Russian Federation. The employer must submit the newly drafted Internal Rules for consideration by the union. In response, this organization, no later than 5 working days from the date of receipt of the document, sends the motivated opinion in writing to the addressee of the PTR.

If the trade union does not agree with the content of the act, asks to make some changes to it, the employer is required by article 372 of the Labor Code of the Russian Federation to consult with this organization in order to arrive at a general decision according to the content of the Rules.

If the PTI will be adopted without the approval of the trade union, then its members inform the State Labor Inspectorate about this decision of the employer. They also have the right to appeal against his illegal actions in court.

Title page and general provisions

The rules of the internal labor schedule are a very voluminous document, as we have already noted. Its scale is explained by the fact that in this local act all the requirements of domestic labor legislation must be taken into account. Some points are devoted only to general norms, and some - to specific provisions of the Labor Code.

The document begins necessarily with the title page. Its design is based on Art. 190 of the Labor Code of the Russian Federation. The following should be indicated on the cover page:

• The name of the employing company is both full and abbreviated. The location of the organization.
• Information about the approver, his visa, indicating the position, full name, personal signature.
• Information that the opinion of the trade union organization was taken into account.

Next, general provisions are immediately placed. They briefly examined the basic concept, the main idea of ​​the whole act.

In the "General Provisions" it should be mentioned that this act defines the work schedule in the organization "Title". It also regulates the procedures for employment, reception and dismissal of workers, the rights, duties and responsibilities of all interested parties - the employer, the rank-and-file and management staff.

It must be answered that it is the PSTR data that are fundamental for all labor relations in the employer's organization. It is noted that they are inherently a normative local act that was developed and approved in accordance with domestic labor legislation, the Charter of the organization in order to strengthen labor discipline in the team, for the efficient organization of labor, etc.

Further, the compiler randomly arranges the remaining sections of the act. They already contain more specific and specific information. Consider the content of the most important sections of the document.

Disciplinary measures

A full list of discipline violations at the workplace that may lead to the dismissal of workers (according to Article 81 of the Labor Code of the Russian Federation) must be entered into the PTRA. In particular, this is a disciplinary punishment for absenteeism, drunk appearance at work, hooliganism, theft of property of the employer, and so on.

At the request of the compiler, the Rules can also specify those norms that are not considered in the Labor Code. For example, in relation to officials, one can appeal to paragraph 49 of the Resolution of the Plenum of the Russian Supreme Court No. 2 (2004). Here it is considered how gross violations in the performance of one’s own duties by the head led to harm to the health of workers / material damage to the employer.

Working time

The section of the Internal Rules should be devoted to the organization of labor activity in the organization. Regarding working time, the following is signed:

• The mode of work and rest in the company, in the enterprise.
• The length of the work day, work week, the duration of breaks, etc.
• Schedules of weekends and holidays in accordance with the production calendar, which is approved by the Government of the Russian Federation.
• If the company's specialists work according to a special schedule, then it also needs to be described in the PTR.

Warranties and Compensation Provided

Employers often place such a section in the Rules. The following is indicated here:

• The amount of compensation paid by the employer in case of delayed salary (based on Article 236 of the Labor Code of the Russian Federation).
• Amount of guarantees, compensations, material assistance to employees, conditions for the provision of these payments, incentive measures.

Particular attention is given to the size of such cash benefits. If it is above the generally binding, it will attract the attention of regulatory authorities. In particular, the Federal Tax Service. But even in the case when the amount of compensation required by the Labor Code is lower than the minimum wage, this will also be unlawful.

Document Validity

After the act lists all the norms and rules of the organization of labor, it is necessary to place information regarding the terms and conditions of action of the TAPs themselves.

As for the period of validity of the Rules, the legislation does not establish any mandatory figures here. The organization determines this period independently. For example, for 5 years. If any significant changes in the all-Russian labor legislation did not occur during this period, the document is extended by a local order of the head for several more years.

Alteration

It is necessary to make changes to the PTR in the following cases:

• Significant changes in Russian labor law. For example, when prescribing an increase in the volume of labor guarantees to employees of companies and enterprises. Accordingly, the Rules are amended so as not to contradict the law.
• Significant changes in the organization of the employer - working conditions were updated, the vector of activity changed.

In such cases, the PVTR is revised. The procedure for adjusting a document is similar to the procedure for its adoption. A project is being drawn up and submitted for approval by the union. Then - the order of the leadership, which introduces new PVTR in force. The document is sent for review to employees.

When drawing up the PSTR, the employer must rely on the main model - the Labor Code of the Russian Federation. He can also spell out personal requirements and wishes of the union in the document, but if they do not contradict the Labor Code. PTRs are compiled in detail, but universally, as they should be applicable to the activities of each employee.