When employing a new employee, he must familiarize himself with the large volume of documents related to the activities of the enterprise and the official powers of the employee. Important paper - a provision that determines the routine of the company. Therefore, each employee must know what the internal labor regulations are and how they are reflected in the local acts of the organization.
Document essence
Consider what are the rules of the internal labor schedule of any company. By normative definition, this is an internal corporate source of norms that regulates the procedure for hiring new employees and their dismissal, the rights and obligations of employees and the employer, and other aspects of the interaction of the parties. The disclosure of the question of what are the rules of the internal labor schedule also includes the regime of work and rest, the establishment of a system of rewards and remuneration for work.
The company is engaged in the development of the document independently, taking into account the existing state-type standards. One of the regulatory acts is GOST 6.30-2003.
The internal labor regulations of an educational institution and organizations of a different type were created with the aim of streamlining the work of legal entities and complying with Russian law. According to article 21 of the Labor Code, an employee must comply with the rules established by the enterprise.
In pursuance of this provision, many equate the rules of the internal labor schedule with a collective agreement. This is partially true, since these documents have a generalized character, in contrast to an employment contract. A work contract is an individual agreement.
The peculiarity of the combination of concepts about what are the rules of the internal labor schedule and the collective agreement is that they should not contradict each other.
Document structure
When considering what the collective agreement and internal rules of the work schedule are, it is important to understand the structure of the document. This act refers to standard papers, therefore its structure is predetermined.
The following elements are placed on the first sheet:
- company logo;
- Company name;
- document's name;
- a note that the rules are in addition to the collective agreement (if necessary).
After that, the text of the act with the contents of the sections is posted. In addition to the general provisions, each company independently determines which items to reflect in the document.
On the last page of the local regulatory act there should be a note that the company management has approved the document. This is reflected in the signature of the head, the press of the organization and the trade union body's approval mark.
The content itself indicates the purpose of the publication of the document. Most often, the problem with their definition arises among employees of individual entrepreneurs or employees of small companies. Despite this, the local regulatory act is very important, as it allows you to implement the provisions of labor legislation.
After fixing the general concepts and provisions, the document reflects the specifics of employing citizens for specific posts, the rules for transferring employees to another department or another position, the procedure for dismissing employees, the conditions for appointing and passing the test phase.
The next element in the structure of the document is a listing of the basic duties and rights of the parties to the employment contract. The concept of an employment contract with the powers of employees is reflected in the provisions contained in the 21st and 22nd articles of the Labor Code.
Then, information on the operating mode should be reflected in the local regulatory act. The section describes the periods of work, the start and end times of the main and additional shifts, the number of working days in a week, their sequence. In the section you can reflect the list of employees working according to irregular schedules, indicating their positions.
After that, the document records the periods and time of rest, including lunch breaks, weekends. Then, in the local regulatory act, data on the duration, features of the provision and the legal basis of the holidays are indicated.
Further in the document it is necessary to fix the principles of disciplinary and material liability of employees for various labor offenses. It describes the procedure for imposing penalties, lists the regulations on which sanctions are based, and defines the procedure for removing penalties.
One of the important points that is recommended to be reflected in the internal labor regulations is the promotion of employed citizens. Options for bonuses or other types of incentive measures (for example, financial or written appreciation for good work) should be indicated.
In conclusion, it is necessary to fix the mechanism for resolving contentious issues if they arise between employees and employers in the process. Then it is recommended to indicate that the provisions of the local regulatory act are binding on all employees of the enterprise, without exception.
A standard document that defines the organization’s work order has approximately the same structure. Each company has the right to formulate the necessary provisions in another way or add its own paragraphs. Indication of additional conditions should be determined by the specifics of the enterprise.
Requirements for the Internal Labor Rules
The implementation of the provisions of this document is established by the requirements of Article 21 of the Labor Code. Despite the fact that the obligation to comply with document standards is enshrined in law, there is no single model of a local act and a mechanism for its adoption.
According to established rules, the situation should reflect the essence of the enterprise, especially the relationship between employees and managers. It is impossible to fix any requirements that worsen the working conditions of employed citizens.
An approved local regulatory act must be posted on a booth located at the aisle of most of the firm’s employees.
Correlation of the requirements of the official schedule and the rules of the internal labor schedule
The working hours of employees are determined not only by the local regulatory act under consideration, but also by another document. It is called the "Rules of the office." Some jurists share these concepts, while others consider them to be identical.
General features of the distinction are as follows: if the enterprise belongs to the public sector, its regulatory local acts are official. If the organization is private, its documents are called internal.
Both local regulations containing labor law standards are similar in many respects. For example, if the internal rules of the labor schedule are approved by the administration of the municipality, they are considered local sources of labor standards issued by local authorities.
In this case, internal acts will regulate the procedure for admitting employees to the municipal type of service, dismissal, providing various types of leave, bonuses and other types of incentives. In this situation, the concepts of “internal” and “service” will be identical.
The content of the normative local act
One of the documents, which partially reflects the provisions of the rules under consideration, is an employment contract (Article 56 of the Labor Code of the Russian Federation). The purpose of the development of the document is to comply with the requirements of the Labor Code, laws of the federal level and other regulatory acts in force in Russia.
The basis for the development and amendment of the internal labor regulations is an order issued by the organization. According to the norms of labor legislation, the document should reflect all the main provisions of the company and the features of the activities of employees and the management structure in it.
The procedure for admission and dismissal
The structure of the local normative act under consideration includes such principles of labor law as the procedure for the admission and dismissal of company employees.
The internal labor regulations include the following items:
- employment mechanism;
- requirements for a package of documents that a candidate for a specific position must submit;
- employment conditions;
- information about the duration of the trial period;
- grounds for termination of the employment contract;
- the procedure for resolving disputes arising between the parties to an employment relationship.
The documents developed by private and state organizations, there are significant differences. For example, in determining the list of securities that a potential employee provides in employment.
This is due to the fact that the requirements for citizens entering the state and municipal services are slightly higher than for applicants for positions in a private company.
Rights and obligations of employees
One of the important aspects of the legal relations of the parties to an employment contract is the concept of an employment contract and its conditions. The key point of the content of the document is the rights and obligations of the parties.
The Internal Labor Rules reflect the competencies of employees and their requirements. The following subparagraphs are included in the document:
- Transfer of the rights of workers specified in the Labor Code.
- Reflection of duties of employees.
- The list of actions that employees are not entitled to perform.
Often these subclauses are limited to this section. Moreover, the specified part of the Rules in most cases constitutes the main content of the document. The rights of employees may go beyond the norms of labor legislation, since the employer has every right to improve the working conditions of employed citizens. And the enterprise cannot impose additional duties that worsen the labor process.
Obligations and rights of the employer
The main goal of creating internal labor regulations is labor discipline: its construction and maintenance. Therefore, it is important in the document to reflect the powers and responsibilities of not only employees, but also the management team.
The structure of the regulatory local act includes two subparagraphs:
- the list of powers that the employer is entitled to exercise;
- responsibilities of the enterprise.
The main document, which is taken as the basis for drawing up the paragraphs of the section, is the Labor Code. Adding authority to the enterprise that will lead to a deterioration in the working position of employees is prohibited.
The main provisions that should be reflected in the document are the responsibilities of the leader. This is due to the fact that Russian law is, first of all, on guard of the interests of employees. Therefore, their rights are reflected more responsibilities, and for employers - on the contrary, responsibilities are prescribed in more detail powers.
Opening hours and rest
An important principle in the regulation of labor relations is the observance of the work and rest schedule of employees. Many companies that have just begun to introduce the Internal Labor Rules and other documents of a normative local type include many sections in them that are superfluous.
The provisions on working hours and rest must be in the Rules. The following sections must be included in the document:
- Information about the duration of the normal period of the working day. The moment of its beginning and end, the time of the lunch break, the fact of reducing the working time by one hour on holidays.
- The rationale for the establishment of an irregular work schedule in the organization, if its need is due to the specifics of the enterprise.
- Information on all types of holidays that are granted to employees under the provisions of the Labor Code of the Russian Federation and other laws of the federal level (for example, on passage of municipal and public service).
- The rules for establishing leave according to the schedule for certain categories of employees, the timing of the preparation of the relevant documents, the reasons for deviation from this schedule.
Since all enterprises know what a collective agreement is, they believe that the indications in this document of the peculiarities of granting vacations are enough. This is fundamentally wrong, since the Internal Labor Rules must also contain relevant norms. This is due to the fact that the provision of vacations is one of the elements of the organization’s activities.
The obligatory presence of this clause in the Rules and increased control over its observance are connected with the fact that many employers violate the rights of employees, especially in the field of observing work and rest hours and providing different types of vacations.
According to the norms of labor legislation, the vacation schedule for the new period is approved before the end of the current year. It is impossible to refuse to grant rest according to the established plan, with the exception of force majeure circumstances. The same applies to violation of rest periods during the working day or between shifts.
Promotions and penalties
The next element of the Internal Labor Rules is incentive measures and penalties (reasons and order). According to the norms of Art. 56 of the Labor Code of the Russian Federation on an employment contract, these provisions are not recorded in it.
An individual document indicates only general grounds for the application of disciplinary sanctions. Neither the conditions nor the procedure for imposing them are fixed in the contract. The same goes for incentive measures.
The wording of establishing incentive and bonus measures may look like anything. The form of provisions in the legislation is not specified. For conscientious work, the successful resolution of difficult situations or other distinctive actions in relation to the employee, the following types of incentive measures can be applied:
- written thanks;
- accrual of incentive payments;
- delivery of diplomas;
- bonus payment.
The company may also appoint other incentive measures not listed in this list. Based on the results of good work, a distinguished employee may also be promoted, but this will not apply to award options.
The fundamentals of labor law also contain an indication of the application of sanction measures to violators of labor discipline. Many companies make this part of the Internal Labor Rules the longest.
This is due to the fact that the procedure for applying penalties is more difficult to develop. All stages of disciplinary or material sanctions must be strictly observed. Otherwise, the employer may be faced with a complaint by the employee to a court, prosecutor's office or labor inspectorate. In addition, the company may be financially affected by this.
Russian labor legislation distinguishes three types of sanctions measures applied to employees: reprimand, reprimand, dismissal. Moreover, the application of one measure or another must be determined by a specific offense and documented.
In most cases, for the dismissal of an employee, the employer must go through the first two steps in order to apply the sanction measure to the employee in the form of dismissal. For example, if there are three reprimands, an employee can be fired from the company for violation of labor discipline.
Exceptions are cases where an employer has the right to dismiss an offending employee under a specific article of the Labor Code for committing an act (for example, for absenteeism, being drunk in the organization, and so on).
The imposition of disciplinary sanctions on an employee is a voluntary measure. The employer may make oral complaints to the employee without any written sanction.
The Internal Labor Rules must specify the procedure for applying penalties and a list of documents that are required to make appropriate decisions. If the document does not clearly spell out the mechanism for applying sanctions, the employer and employees should be guided by the general norms of labor legislation.
The development of internal labor regulations is a prerequisite for establishing legal relations between the employer and employees. The absence of a document is a direct violation of the norms of the Labor Code and other laws of the federal level.