Each enterprise has an internal schedule, which is approved by a local document. PTRA should contain the rules of conduct for workers, work and rest hours, information on the organization of work of the team, principles for building relationships, the procedure for admission, dismissal, and so on.
Art. 189 of the Labor Code of the Russian Federation requires each company to form such a document, regardless of ownership. It is necessary to familiarize each employee with the Rules before applying for a job; therefore, a document must be created and approved at the very beginning of the legal entity.
Legislative framework
Labor law provides an opportunity for virtually every enterprise to formulate their own rules, taking into account the characteristics of a legal entity. However, for most government agencies, such Rules are approved at the level of ministries and departments.
According to the provisions of Article 190 of the Labor Code of the Russian Federation, it is not forbidden to add sections to the collective agreement regarding the internal regulations without creating a separate document.
If the employer does not have special requirements for the hired personnel, then the rules can be reflected in labor contracts.
Standard form
Today in our country the Decree of the State Committee of the USSR of 1984 No. 213 is still in force, establishing the form of PTR. It is clear that more than 30 years have passed, therefore, each enterprise can only take this document as a basis and modify it to fit its needs and specifics.
It should be remembered that if there is a trade union at the enterprise, it is necessary to coordinate the PTR.
Mandatory sections
At its core, PVTR is a local regulatory act that in miniature duplicates the Labor Code. Mandatory items include:
- General Provisions This block already indicates the purpose of compiling the document, to whom the rules apply, and the procedure for revising the document. Definitions and terms can be written here.
- Reception and dismissal. In this part, the whole procedure is attributed not only to the acceptance and dismissal, but also to the transfer, the period of the probationary period, the conditions for its passage, and so on. Documents that a new employee must provide to the employer can also be entered here.
- Rights and obligations of employees, taking into account the requirements of Article 21 of the Labor Code.
- Obligations and rights of the employer, subject to the provisions of Article 22 of the Labor Code.
- The operating mode, that is, when the shift begins and ends, the working day, the week. Category of posts for which an irregular working day is provided. The procedure for the payment of wages, as it happens, through the cash desk of an enterprise or banking institution is indicated.
- Relaxation. This block should contain information on the duration of the lunch break, its frequency. When the weekend is set. Describes the procedure for the provision of holidays, their duration.
- Promotions The types of incentive measures, both material and moral, are indicated for which situations they are provided.
- Responsibility. The section should contain information for what misconduct disciplinary liability will be imposed, other penalties and the procedure for their removal.
- Final provisions. In this block, the procedure for considering labor disputes and information on the mandatory fulfillment of the requirements of this document by all employees are often attributed. Here there can be information regarding the requirements for the appearance of employees, that is, all information that is not covered in the shopping mall and previous blocks of the PTR.
The regulation on the organizationās internal regulations may contain other clauses, for example, on confidential information or access control.
All mandatory items must be present in the Rules, otherwise, when inspected by the labor inspectorate, the company will receive an order to eliminate the violation. It is clear that there is no need to rewrite the entire Labor Code, the main thing is that the rules do not worsen the situation of workers and do not violate their rights.
Working hours and rest
According to the Labor Code of the Russian Federation, the work schedule, labor discipline are the fundamental moments with which all employees must be familiarized.
The period of performance of duties and rest time is recommended to be described separately. Each employee of the enterprise must clearly understand when working hours begin and end. The staff should clearly be aware when he has lunch. Without this information, it is quite difficult to comply with any rules, and the employer to monitor the staff.
If shift work, then this should be clearly displayed in the TAP. Mandatory should be the name of the posts for which an irregular working day is established, since such work is assigned to the labor regime with special conditions, in accordance with the requirements of Article 101 of the Labor Code. In addition, it is very important to keep track of working hours, especially when it comes to irregular working hours. It is not allowed to increase the length of the working day for people with disabilities, pregnant women and minors.
Reference: an irregular working day is not subject to additional payment, but for such work 3 additional paid days of vacation are required (Article 119 of the Labor Code). The employer has the right to increase the number of these days, since their maximum number at the level of legislation has not been established.
As a rule, most enterprises have an 8-hour working day, from 9.00 to 18.00, with a lunch break from 13.00 to 14.00. In the same section, you should indicate the weekends and holidays that are provided by the TC.
Discipline
Violation of the organizationās internal routine is not so rare in enterprises, so the issue of labor discipline should be carefully worked out in the PTR. In some cases, separate local documents on discipline issues are even being developed.
This block of the organizationās internal document is recommended to be issued in two parts devoted to issues:
- Promotions.
- Penalties.
When compiling the second part, one should rely on Article 192 of the Labor Code. According to the requirements of this article, the punishment may be in the form of:
- comments;
- reprimand;
- layoffs.
No other type of punishment may be applied to staff. However, for some categories of specialists, there is a special disciplinary liability. In particular, measures are envisaged for public servants, such as dismissal from a post or a warning of incomplete compliance (Law No. 79-FZ). We must also not forget that the procedure for imposing punishments is clearly regulated by Article 193 of the Labor Code.
A full list of violations that entail disciplinary measures, from being late to hooliganism or being drunk, can be prescribed in the PTRA.
The organizationās internal regulations (a sample is given below) must contain the procedure for removing disciplinary liability.
Additional reward
The incentive block should contain the procedure for paying bonuses, incentive bonuses, moral incentives and other incentives. For what merits staff can be rewarded.
Warranties and Compensation
Another section that can be entered into the organizationās internal routine (a sample is given in the article) is āGuarantees and Compensationsā. For example, this block may contain information regarding what compensation is provided for violation of the terms of payment of wages.
However, it should be remembered that not a single employer has the right to pay employees less than the established minimum wage, especially since it is impossible to establish a lower amount of wages in the PTR.
Validity, amendment
PVTR is a local normative act for which no time limits are established in the legislation, therefore, each enterprise has the right to establish the period of its validity at its discretion. Most often, a five-year period is set, and if during this period no significant changes have occurred in the legislation or at the enterprise, then the document can simply be extended by order.
If there are innovations in the legislation, then the document must be brought in accordance with the new requirements. The same should be done if the enterprise has changed working conditions or the structure has been updated.
The procedure for making changes is similar to the procedure for compiling the PTR for the first time, that is, the document is approved not only by the head of the enterprise, the changes will have to be agreed with the union.
Procedure
The approval procedure for the organizationās internal labor regulations begins with the preparation of the document and its approval by the accounting and lawyers. Drafting is usually done by a staff service. Depending on the specifics of the enterprise, the document may be approved by other departments.
According to the requirements of article 372 of the Labor Code, after the draft of the PTR is completed, the document is transferred to the trade union, which is an elected body and represents the interests of most employees. After 5 days, the union is obliged to send the employer written comments on the project or agree with the proposed text.
If the union has comments, the employer is obliged to consider them within 3 working days, enter them into the document or make their own proposal. If the parties cannot reach agreement, a protocol of disagreements is drawn up. The union has the right to apply to the labor inspectorate or to the court, with a statement of disagreement with the PTR. The employer also has the right to initiate a collective labor dispute.
If the enterprise does not have a trade union, then the rules can be agreed upon at a general meeting of workers or at the advice of the labor collective.
Introduction to action
The internal routine of the organization (the sample was given above) is put into effect by an order for the enterprise. The order is issued after agreement with the union. It is allowed not to publish a separate document; it is possible to provide for a special approval column on the rules themselves.
The order is drawn up according to the general rules provided for this type of documents. Without fail, the date of the introduction of the TAPE must be available. It is recommended that the same order appoint a person who will be responsible for the relevance of the document. Most often, this is entrusted to the personnel department.
The approval of the document is followed by a procedure for familiarization with the organizationās internal routine. It is necessary to acquaint all employees of the enterprise with the signature of the company. When hiring every new employee, they are required to familiarize themselves with the rules. You can record the fact of acquaintance in a separate journal or on a copy of the PTR.
Employer Responsibility
According to the requirements of Article 189 of the Labor Code of the Russian Federation, each enterprise is obliged to have an AVR. And if a labor inspection comes, then the first request is always the same - to provide the Rules. The Code of Administrative Offenses even provides for the employer's liability for the absence of PSTD or if they contradict the requirements of the current legislation.
Regardless of the form of enterprise, the employer can be fined for violation of labor legislation in the amount of from 30 to 50 thousand rubles. Alternatively, a restriction on the performance of activities for a period of 90 days may be imposed. Responsibility is also provided for officials who are entrusted with the obligation to develop the Rules. For such employees, a fine of 1 to 5 thousand rubles is provided.
For repeated violations, larger fines or disqualification from 1 to 3 years are provided.
Finally
Now itās clear what the organizationās internal routine is. The sample provided in the article will help to draw up the document correctly. It should be drawn up in full accordance with the requirements of the current labor legislation. Naturally, it is necessary to take into account the specifics of the enterprise. The document should contain the rules for admission and dismissal, the mode of work and rest, the procedure for imposing disciplinary liability, release from it, which types of incentives are provided.
PTRA should be agreed with the trade union (if any) or at the general meeting of the labor collective. In the future, when applying for a job, it is necessary to introduce each new employee to the document.