When hiring an employee, the organization, in accordance with the requirements of the law, is obliged to conclude with it, first of all, an individual labor contract. But this is not the only obligation of the company. Another important document regarding the employment relationship of the employer and employee is the internal labor regulations. What is he like? How to make it right?
About the rules
What are the rules of the internal labor schedule of employees of organizations? According to a common definition, their essence lies in the creation of internal corporate sources of norms that govern how a company (or a government agency) employs employees, dismisses them, determines the rights and obligations of each of the parties under labor agreements, and resolves other issues that reflect Aspects of employee-employer interaction.
Such as, for example, work schedule, rest schedule, reward system for work. The internal labor regulations of an enterprise are developed independently by firms or state institutions, but in accordance with a number of adopted state standards. Such as, for example, GOST 6.30-2003. In our article, we will consider some aspects that reflect the standardization of the preparation of the corresponding document.
Why are these rules needed?
Actually, for what purpose do organizations need to create internal work rules? Schools and other state and municipal institutions in this sense can be considered equivalent to private companies? In Russian legal science, the point of view is widespread that the corresponding document should be drawn up by all types of organizations that hire people. The founder - the state, municipality, private individual or group thereof - does not matter. The fact is that in the 21st article of the Labor Code of the Russian Federation it is said that among the duties of the employee is to comply with the internal labor regulations of the enterprise. Thus, according to the logic of the noted legal act, the corresponding document must be created in the company.
It can also be noted that an employment contract is an individual document. The rules under consideration, in turn, are collective. Moreover, none of these sources should contradict the other.
Rule structure
Model rules of the internal labor schedule can be presented in the following structure. The first page may contain the company logo, its name, as well as the title of the document. If the rules of the institution’s internal labor schedule are a document supplementing, for example, a collective agreement - this is permissible - then this fact should be noted on the first page. Next is the main text of the document. How concretely, from the point of view of the wording, can the rules of the internal labor schedule look like in this part? A sample of the content of some - those that may cause questions in organizations - we will consider a little later.
One of the important elements of the first page is a note that they are accepted by the organization’s management. In practice, this is usually the signature of the director and the collegial governing body of the company, if present, located in the upper right area of the first page. In some cases, harmonization of rules with union structures is also contemplated.
Consider the structure of the rules below. After the title page, you can create sections that reflect the general provisions. They usually indicate the purpose for which the rules of the internal labor schedule are created. Individual entrepreneurs or small organizations, according to lawyers, sometimes have difficulty informing employees of the appropriateness of issuing the appropriate document, since employees do not always understand why the corresponding document is, in principle, needed. But if everything is described in competent formulations - we will examine their samples later in the article - the specialists will not have to ask extra questions.
After the general provisions, one can reflect the procedures relating to the hiring of employees, as well as dismissal, transfer to another position or to another company, conditions for passing the probationary period.
The next component of the rule structure is the listing of key rights and obligations of employees. They can be divided into those that are regulated by the 21st article of the Labor Code of the Russian Federation, as well as those that are reflected in the 22nd.
The most important component recommended by lawyers for inclusion in the internal labor regulations, an example of the structure of which we are considering, is information about the working regime. In the corresponding section, you can specify the start time of the main and additional shifts, as well as their end, the number of working days per week, their sequence. Sometimes it’s appropriate to reflect the list of employees who work within the irregular schedule. Immediately after the information on the work schedule, you can describe what time the company provides for rest. Indicate the intervals for lunch breaks, information about the days off for certain groups and positions of employees. Further - information about the holidays, their duration and legal grounds for their provision.
Further, lawyers recommend placing a block in the rules that reflects the principles of the responsibility of employees for certain disciplinary violations. Here you can describe how and in accordance with what standards the company may impose disciplinary measures (or, conversely, be removed) and other penalties.
It is recommended that aspects of the promotion of employees be disclosed in the internal regulations. You can indicate what a specialist can get a financial award for, or, for example, thanks from management.
The document may end with the wording that the rules are binding on all employees, as well as mechanisms for resolving possible contentious issues.
Model rules of the internal labor schedule, therefore, can be represented in such a structure. Of course, the sequence of placement in the text of a document of one or another wording may be different. The company may add certain provisions that differ from the standard, based on the specifics of the activity.
Rules Requirements
Despite the fact that there is no law that would unequivocally provide some guidelines for how the internal labor regulations should be drawn up, a sample document, some lawyers recommend organizations to adhere to certain criteria when compiling the source of norms in question. In particular, the rules should contain information disclosing the features of the company. Also, some lawyers recommend including in the document a list of possible scenarios of labor relations between the employer company and employees. In turn, experts say that it is undesirable to include conditions in the rules that imply, in one form or another, the deterioration of the conditions for employees to perform their labor functions in accordance with the provisions of the main contract drawn up in accordance with the requirements of the Labor Code of the Russian Federation. The document should be placed on a separate stand, which is surveyed with sufficient regularity by the majority of the company's employees.
Correlation with the rules of the office
In the practice of the Russian labor rule, there is such a term as "service regulations." To what extent does it relate to what we are considering? The point of view is widespread: the rules of the internal labor schedule of the administration of the municipal government or government structure are most correctly named using the word “official”. That is, in fact, both terms in this case are synonyms. The use of any of them will be, according to experts, permissible. However, if we delve into the study of some legislative sources related, to one degree or another, with the Labor Code of the Russian Federation, as well as reflecting the specifics of the state and municipal services, lawyers note, it is more legally correct to use the term "service regulations". Here, by the way, one can trace a certain distinction in the applicability of the relevant provision of Article 21 of the Labor Code of the Russian Federation to state and private structures. That is, the first law prescribes to draw up the rules, the "official" labor schedule, and the second, it turns out - the "internal".
But the essence of the corresponding source, no matter how it is called, will remain, in general, similar in both cases. That is, if the internal labor regulations are approved, for example, by the city administration, they will be considered a local source issued by the local government institution, which will regulate the admission of employees to the municipal service, the procedure for dismissal, the provision of leave, incentives and all that than we said above, exploring the structure of the corresponding document. Thus, also the wording used in the rules of both the “internal” and “official” routines will be fairly similar.
We now turn from theory to practice. We said above that we will study not only the structure in which the rules of the internal labor schedule can be presented. We also intended to consider a sample document in terms of specific language. Let's do it now. At the same time, we will study the mechanism for more detailed structuring of rules - above we have identified only general points.
Contents of the rules: general provisions
Let's start with the “general provisions” section, since the first page is more or less clear. Here you can write something like the following: the rules of the internal labor schedule of a preschool educational institution of such or such, say, LLC of such and such have been developed with the aim of fulfilling the requirements of the Labor Code of the Russian Federation, Federal Laws and other regulatory legal acts in force in Russia. Everything is quite simple here, and at the same time it’s clear for the employees of the company. We noted above that the specialists of small companies, as well as those who are registered as employers in the status of individual entrepreneurs, may ask questions about the advisability of drawing up rules. Through appropriate wording, we simply substantiate the need for a document to be created by the requirements of the law.
Consider the following element of the rule structure - a section that reflects information on the hiring and dismissal of employees.
The procedure for hiring and dismissal
The structure of the rules in this section can be presented in the following main points:
- a mechanism for hiring;
- requirements for documents for candidates for vacancies;
- conditions of admission;
- information about the trial period;
- grounds for dismissal;
- mechanisms for resolving labor disputes.
Note, when comparing the drafting of a document for government organizations and business, this section is usually characterized by the greatest differences. The fact is that the legislative rules governing the employment of people in private organizations, in a number of formulations, are very dissimilar to those provisions that are established by the sources of law regarding the acceptance of citizens into the civil service. Often this applies, for example, to the necessary documents. When hiring in private structures, these usually do not require much, when applying for public service - on the contrary.
The next element of the rules is the rights and obligations of employees.
Rights and obligations of employees
This section, in turn, can be structured under items such as:
- transfer of employee rights;
- reflection of the list of actions that the employee is not entitled to perform;
- A list of employee responsibilities.
Usually these items are enough. True, there can be a lot of specific formulations here. In many organizations, especially in those where new rules of the internal labor schedule are being created, and HR specialists may not have at their disposal guidelines for drawing up the corresponding document, the section "rights and obligations" sometimes occupies the bulk of the text of the source in question. So large can be lists of actions and capabilities of employees.
Rights and obligations of the employer
Next, we reflect the rights and obligations of the employer. The structure of this section of the internal labor regulations is usually very simple, there are two main points:
- a list of actions that the employer has the right to carry out;
- obligations of the company.
Lawyers recommend putting the main emphasis in the wording on the provisions reflected in the Labor Code of the Russian Federation.
Much more complex, according to many experts, may be a section of the rules that reflects information about working hours and rest.
Working hours and rest
Firms for which the formulations in question are completely new, the rules of the internal labor schedule in the section under study, experts say, can load a very large number of provisions. This, of course, may be due to the specifics of the company. One way or another, this section is one of the largest in volume in the document.
It may contain the following items:
- justification of the need for an irregular schedule - if it is necessary from the point of view of the specifics of the activity;
- information about the duration of a standard working day, the time it began, ends, lunch break, the fact of reduction by an hour before the holidays;
- information on holidays provided in accordance with the provisions of the Labor Code of the Russian Federation and other laws, for example, regulating the passage of state or municipal service;
- the rules for providing individual employees with leave on schedule, the timing of the preparation of the relevant document, the reasons for the possible deviation from it.
Some lawyers note that the supervisory authorities that control Russian companies to ensure that their activities comply with labor law standards pay particular attention to the section of the rules concerning working hours and rest. The thing is that not all companies are willing to let people go on vacation, besides on a strict schedule, and if the rules and regulations regarding such procedures are clearly set out in the labor regulations, the company will have less reason to refuse person in the provision of leave.
Next, we consider such a component of the document structure as rewards.
Promotions
The next important section of the rules is information on measures to reward employees for work. The wording can be as follows: "For conscientious performance of duties, successful solution of tasks of high complexity and other achievements of the internal labor regulations of a school such or such, such and such companies provide for the following types of incentives: gratitude, incentive payments, delivery of letters". Of course, the corresponding types of awards in the company may be different.
Penalties
Further, this is not the easiest section of the document. In many firms, it is difficult to accept and approve. The internal labor regulations should contain provisions reflecting possible disciplinary action against employees. Lawyers distinguish three main measures of appropriate impact: reprimand, reprimand or dismissal. Criteria should be spelled out in the Rules - for which reason these measures can be initiated with respect to employees, as well as legislative grounds for the employing company to take certain disciplinary actions.
These are the main nuances that reflect the structure and some of the wording in the document. Having compiled it, the management of the company can issue an appropriate order. The internal labor regulations in the organization come into force upon their publication among employees.