55 legal regulation of internal labor regulations. Legal regulation of internal labor regulations in the organization. Who develops and approves

Internal labor regulations- this is the procedure established by legislation and on its basis by local acts for the behavior of workers at a given production, both during the work process and during breaks in work when workers are on the production territory (appearing on the territory of the plant in a drunken state during working hours - dismissal under clause. “b” clause 6 of Article 81 of the Labor Code, on a day off - a disciplinary offense, outside the production area - administrative).

Legal regulation of internal labor regulations is carried out on the basis of Chapter. 29 and 30 of the Labor Code. The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the trade union committee of the organization. They, as a rule, are annex to the collective agreement (Article 189 of the Labor Code).

In certain sectors of the national economy, charters and regulations approved by the Government of the Russian Federation apply to key workers.

Internal labor regulations must have all productions. These rules include the responsibilities not only of workers, but also of the administration, and not only for the implementation of the Rules themselves, but also the relevant job descriptions, instructions and rules on safety precautions, industrial sanitation, fire safety, radiation safety, etc.

House rules usually consist of the following seven sections:

1) general provisions providing for the operation of these rules, to whom they apply, their purpose, objectives;

2) the procedure for hiring and dismissal (the provisions of the Code are briefly presented with their clarification for this proceeding);

3) the main duties of the employee;

4) the main responsibilities of the employer and its administration;

5) working time and its use: working time regime for the entire production and individual departments, including the beginning and end of lunch and other intra-shift breaks, shift schedules (including rotational work), the structure of the working week (5- or 6 -day);

6) incentive measures for success in work;

7) disciplinary liability for violation of labor discipline.

These rules are communicated to every employee.

In those sectors of the national economy where charters and regulations on discipline apply to key workers, internal labor regulations also apply to other employees of this production who are not those who are subject to the charters and regulations.

Statutes and regulations on discipline are approved by the government of the country. So far, mostly allied ones are in force (there are more than a dozen of them), but there are also Russian ones, for example, the Regulation “On the discipline of railway transport workers of the Russian Federation”, approved on August 25, 1992 (SAPP RF. 1992. No. 9. Art. 608; 1994. No. 1. Art. 11), Regulations “On the disciplinary liability of heads of administration”, approved by the Decree of the President of the Russian Federation of August 7, 1992, as amended on November 14, 1992 (Vedomosti of the Russian Federation. 1992. No. 33. Art. 1931).

Since charters and regulations on discipline are special legislation and apply to those main (leading) employees whose gross disciplinary offense can lead to serious consequences or death of people and goods, these acts may provide for more stringent disciplinary liability than general labor regulations. rights. These acts also provide for additional responsibilities of employees and their managers.

DISCIPLINARY RESPONSIBILITY AND ITS TYPES.

Disciplinary liability of employees- one of the types of legal liability that is provided for by law for unlawful behavior. Disciplinary liability is the employee’s obligation to bear the punishment provided for by labor law for unlawful failure to fulfill his or her job duties.

The basis for bringing to disciplinary liability is a disciplinary offense (non-fulfillment or improper fulfillment by an employee, through his fault, of his labor duties.)

A disciplinary offense has a set of characteristics, has a subject, a subjective side, an objective side, and an object. The subject of a disciplinary offense can only be a citizen who has an employment relationship with a specific employer and violates labor discipline. The subjective side is the employee’s fault (in the form of intent or negligence). The objective side of a disciplinary offense is the harmful consequences and the causal relationship between them and the action (inaction) of the offender. The object of a disciplinary offense is the internal labor regulations of the organization.

Thus, disciplinary liability can be defined as one of the types of legal liability, which consists in the right of an authorized representative of the employer to apply to an employee who has committed a disciplinary offense the disciplinary measures provided for by law and in the corresponding obligations of the employee who has committed a disciplinary offense, corresponding to this right, to undergo the established in the legislation has unfavorable consequences.

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labor legal incentives

1. Legal regulation of internal labor regulations: internal labor regulations; statutes and regulations on employee discipline; job descriptions and other regulatory legal acts regulating labor discipline

Labor discipline is the order of behavior established in a given social organization of labor in joint work and responsibility for its violation.

When concluding an employment contract, the employee knows that in the process of work he is obliged to obey the sole manager at production for the entire duration of his employment contract. This is the second aspect of the concept of labor discipline as a necessary element of the employee’s labor relationship.

The third aspect of the concept of labor discipline is the implementation of the basic principle of labor law - ensuring the fulfillment of the employee’s obligation to work conscientiously in the chosen field of activity - to observe labor discipline.

And finally, the fourth aspect of labor discipline is the corresponding institution of labor law, i.e., a system of legal norms regulating internal labor regulations, providing for the responsibilities of the employee and the employer (his administration), incentive measures for success in work, the procedure for their application, types and measures of liability for violation of labor discipline and the procedure for their application, which corresponds to Section VIII of the Labor Code (Articles 189-195).

Labor discipline, as indicated in Art. 189 of the Code is obligatory for all employees to comply with the rules of conduct determined in accordance with the Code, other laws, collective agreements, agreements, employment contracts, and local regulations of the organization. The employer, in accordance with this legislation, is obliged to create the conditions necessary for employees to comply with labor discipline.

The organization's labor regulations are determined by the internal labor regulations, which regulate, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, incentives and penalties for employees, as well as other issues regulating labor relations. in the organization (Article 189 of the Labor Code).

Labor discipline differs in the objective and subjective sense. In an objective sense, this is a system of norms on labor discipline, that is, the institution of labor law and the internal labor regulations established at a given production. In a subjective sense, this is an element of the employee’s labor relationship and his obligation to comply with internal labor regulations and labor discipline.

There is one more aspect - the degree of observance of labor discipline by a given work collective of production, its parts (shops, departments, etc.) and a specific employee. The employee is also obliged to comply with job descriptions, functional responsibilities provided for in the qualification directory for his position, work, as well as fire safety and sanitary instructions for this production. The employer (administration) is obliged to ensure an appropriate level of labor discipline in production and respond to its violation by individual employees.

Labor discipline in production includes compliance with technological and production discipline. Technological discipline is compliance with the manufacturing technology of a production product, the technological process of its manufacture. Production discipline is part of the labor discipline of administration officials who are obliged to organize the continuity of the technological process, the timely supply of materials, tools, equipment, and the coordination of the work of individual production departments in order to ensure the rhythmic, smooth operation of the entire production.

The importance of labor discipline lies in the fact that it:

* contributes to the achievement of high quality labor results for each employee and the entire production, work without defects; allows the employee to work with full dedication, show initiative, and innovation in work;

increases production efficiency and labor productivity of each employee;

* promotes health protection during work, labor protection of each employee and the entire workforce; lecture: with poor labor discipline there are more accidents and accidents at work;

* promotes the rational use of working time of each employee and the entire workforce.

Methods for ensuring labor discipline are necessary to create organizational and economic conditions for highly productive work. The following three methods are interconnected: a conscious attitude to work, methods of persuasion, education and encouragement for conscientious work, and for careless, unscrupulous workers - the use of disciplinary and social measures in necessary cases.

Creating the necessary organizational and economic conditions for high-performance work is entrusted to the employer, who is obliged to provide normal working conditions for this:

good condition of machines, tools and devices;

Timely provision of technical documentation; * proper quality of materials and tools for work and their timely supply;

* timely supply of production with electricity, gas to perform work and other energy sources;

* safe and healthy working conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation and other factors that negatively affect the health of workers, etc.).

If the employer (administration) does not provide at least one of the specified conditions for the employee, this affects his compliance with labor standards and reduces discipline. That is why the legislator, in the first place in the methods of ensuring labor discipline, included the creation of normal working conditions for fulfilling labor standards. But they all relate to the education of a conscientious, conscientious attitude towards work; the employee must work conscientiously (not skimp, not cut corners). In work collectives, an atmosphere of intolerance towards violations of labor discipline and strict comradely demands on workers who do not perform their job duties in good faith are created. They can discuss violations of labor discipline at meetings.

Legal regulation of internal labor regulations.

Internal labor regulations are the procedure established by legislation and on its basis by local acts for the behavior of workers at a given production site, both during work and during breaks in work when workers are on the production territory (appearing on the territory of the plant in a drunken state during working hours - - dismissal under clause "b" of clause 6 of Article 81 of the Labor Code, on a day off - a disciplinary offense, outside the production area - administrative).

Legal regulation of internal labor regulations is carried out on the basis of Chapter. 29 and 30 of the Code. The organization's internal labor regulations are approved by the employer, taking into account the opinion of the organization's trade union committee." They, as a rule, are an appendix to the collective agreement (Article 189 of the Labor Code).

In certain sectors of the national economy, charters and regulations approved by the Government of the Russian Federation apply to key workers.

All productions must have internal labor regulations. These rules include the responsibilities not only of workers, but also of the administration, and not only for the implementation of the Rules themselves, but also the relevant job descriptions, instructions and rules on safety precautions, industrial sanitation, fire safety, radiation safety, etc.

House rules usually consist of the following seven sections:

1) general provisions providing for the operation of these rules, to whom they apply, their purpose, objectives;

2) the procedure for hiring and dismissal (the provisions of the Code are briefly presented with their clarification for this proceeding);

3) the main duties of the employee;

4) the main responsibilities of the employer and its administration;

6) incentive measures for success in work;

7) disciplinary liability for violation of labor discipline.

These rules are communicated to every employee.

2. Incentives for work and their meaning. Types, grounds and procedure for applying incentives

Reward for success at work is a public recognition of the employee’s merits, his success in work in the form of applying incentive measures to him. The employer encourages employees who conscientiously perform their job duties (expresses gratitude, gives bonuses, etc.), thereby stimulating employees to work better and observe labor discipline.

Measures of incentives for success in work, according to their reasons and according to who applies them, can be divided into two types:

1) measures taken by the employer for the exemplary performance of work duties, increasing labor productivity, improving product quality, long-term and impeccable work, innovation in work and other achievements in work: declaring gratitude, issuing a bonus, awarding a valuable gift, awarding a diploma of honor, presentation to the title of the best in the profession (Article 191 of the Labor Code). Internal labor regulations, collective agreements, charters and discipline regulations may provide for other incentive measures;

2) measures taken by higher authorities on the recommendation of the production manager for special labor services to society and the state of the employee: awarding orders, medals, certificates of honor from various higher authorities, badges; awarding honorary titles and titles of the best worker in a given profession (for example, “Honored Lawyer of the Russian Federation,” “Honored Scientist,” “Honored Teacher,” etc.).

The Regulations on State Awards of the Russian Federation, approved by the Decree of the President of the Russian Federation of March 2, 1994 (SAPP. 1994. No. 10. Art. 775), establishes the types of state awards as the highest form of rewarding citizens for outstanding achievements in the economy, science, culture, art , defense of the fatherland, other services to the state and people. By Decree of the President of the Russian Federation of December 30, 1995 (Rossiyskaya Gazeta. 1996. February 13), more than 50 honorary titles of the Russian Federation were established, which were introduced in order to reward citizens for high professional skills and many years of conscientious work, regulations on them and descriptions of the badge were approved honorary approved titles of the Russian Federation. Among these titles are, for example, “Honored Doctor of the Russian Federation”, “Honored Transport Worker of the Russian Federation”, “Honored Mechanical Builder of the Russian Federation”, “Honored Builder of the Russian Federation”. To receive an honorary title, the relevant employee must have worked in this profession for at least 15 years.

All incentive measures, according to their nature, can be divided into moral (gratitude, certificates of honor, honorary titles, orders, medals, etc.) and material (awarding with a valuable gift, issuing a bonus, promotion to a higher position, to the highest class, rank, etc. .). Material incentives also have a moral side - public recognition of the employee's merits.

The republics within the Russian Federation have their own honorary titles established by their legislation.

Incentives are announced by order and communicated to the workforce. All incentive measures applied to the employee are noted in his work book. During the duration of the disciplinary sanction against the employee (one year), the incentive measure is not applied.

Employees who successfully and conscientiously fulfill their job duties are primarily provided with benefits and benefits in the field of socio-cultural and housing services (vouchers to sanatoriums, rest homes, improvement of living conditions, etc.). In some industries, reserve lists are compiled for higher positions, in which workers are included depending on their success at work. The legislation allows for the combination of several incentive measures, for example, an employee is awarded a certificate of honor and is given a bonus. Article 191 of the Code indicates that the employer encourages employees up to the point of awarding honorary titles himself, without the participation of the trade union committee. It seems that this significantly reduces industrial democracy, the role of the trade union, and the work collective.

And at present, as practice shows, the participation of the trade union committee and the labor collective in the management of the organization helps to strengthen both labor discipline and the work of the organization. In the cooperation of social partners at the organizational level, there are large reserves for both order in production and for increasing labor productivity. Smart managers actively use this. Conducted at the initiative of the Russian Government in 2000 and 2001. All-Russian competitions “Russian Organization of High Social Efficiency” demonstrated that they were won by enterprises where a lot of work is being done to develop the social sphere, where there is strong labor discipline, and where working conditions are improving. At these enterprises, collective agreements are concluded thoughtfully.

3. Types of disciplinary liability of employees: general and special. Disciplinary offense

Disciplinary liability is established by labor legislation for a disciplinary offense, which is an unlawful, guilty violation of labor discipline by an employee. A violation of labor discipline is the failure or improper performance by an employee, through his fault, of his labor duties (administration orders, internal labor regulations, job descriptions, etc.). The legislation does not establish a list of violations. This is decided by the administration. Such violations, in accordance with paragraph 24 of the resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16, also include, in particular:

* the absence of an employee without good reason from his workplace for no more than three hours during the working day, as well as more than three (now four) hours if he is located on the production territory;

refusal of an employee, without good reason, to comply with labor standards changed in accordance with the established procedure;

* refusal or evasion without good reason from a medical examination of workers in certain professions and refusal to undergo special training and exams on safety precautions and operating rules during working hours, if this is a mandatory condition for admission to work.

Labor legislation does not provide a list of gross violations, although it is required for dismissal on such grounds. These lists are in some special acts, for example, the Regulations on Discipline of Railway Transport Workers provide an additional basis for dismissal - for the employee committing a gross violation of discipline, which created a threat to the safety of train traffic, the life and health of people or led to a violation of the safety of cargo, luggage and entrusted property. The list of these gross violations and the specific persons responsible for them was approved by the Ministry of Railways of the Russian Federation in agreement with the Central Committee of the Independent Trade Union of Railway Workers and Transport Builders of the Russian Federation.

Disciplinary liability is the obligation of an employee to undergo a disciplinary sanction imposed on him for a disciplinary offense. Disciplinary responsibility must be distinguished from other disciplinary measures applied to violators (oral reprimand, discussion at a meeting, deprivation of bonuses, etc.).

According to labor legislation, there are two types of disciplinary liability: general and special. They differ in the categories of workers to whom they apply, in the acts regulating each of these types, and in the disciplinary measures.

General disciplinary liability applies to all employees, including production administration officials. It is provided for in Art. 192--194 Labor Code and internal labor regulations of this production.

Special disciplinary liability is established by special legislation (the Law of the Russian Federation “On the Federal Public Service of the Russian Federation”, charters and regulations on discipline, etc.) for certain categories of employees, which also provides for other disciplinary measures.

The procedure for applying disciplinary measures for special disciplinary liability in most statutes and regulations is the same as for general special liability. For civil servants, judges, prosecutors, the laws regarding them provide for their own specifics of this procedure (for example, a disciplinary investigation, which can last up to a year, etc.).

Disciplinary offense.

Article 192 of the Labor Code of the Russian Federation connects the application of penalties with violation of labor discipline. A violation of labor discipline is an unlawful, culpable failure by an employee to fulfill his labor duties. Such an offense, which does not entail criminal liability, is usually called a disciplinary offense.

The action (inaction) of an employee is a violation of labor discipline only if 3 conditions are simultaneously present:

1) if the action (inaction) is illegal (for example, the employee’s refusal to comply with the employer’s order to transfer to another permanent job cannot be considered a violation of labor discipline, since in accordance with Article 72 of the Labor Code of the Russian Federation such a transfer can only take place with the consent of the employee) ;

2) if the unlawful action (inaction) is guilty, i.e. committed intentionally or through negligence (in other words, the employee’s failure to fulfill labor duties for reasons beyond his control - insufficient qualifications, lack of proper working conditions, etc. - cannot be considered as a violation of labor discipline, because there is no fault of the employee for failure to fulfill his labor duties);

3) if the labor obligation has not been fulfilled, i.e. the obligation arising from this employment relationship (lateness to work, absenteeism, refusal to travel for work, etc.).

In accordance with Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, i.e., failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

Listed in Art. 192 of the Labor Code of the Russian Federation, disciplinary measures are general, that is, they apply to all employees. However, as stated in this article, other disciplinary sanctions may be provided for certain categories of employees.

4. Types of disciplinary sanctions and the procedure for their application and removal

Disciplinary measures are directly enshrined in labor legislation, as well as the procedure for their application. They are the same for all industries and are mandatory. Enterprises, institutions, and organizations themselves cannot change or supplement them. The internal labor regulations cannot provide for disciplinary measures other than those provided for in Art. 192 of the Labor Code, and a different procedure for their application cannot be established than that established by Art. 193 TK.

Disciplinary measures are reprimand, reprimand, dismissal (clauses 5, 6 for all its subparagraphs, clause 10 of Article 81 of the Labor Code). Legislation on special disciplinary liability and charters and regulations on discipline may provide for other disciplinary measures (for example, removal to a lower position of a civil servant). Penalties not provided for by federal labor legislation are not permitted.

The procedure for imposing and the duration of a disciplinary sanction is established by law (Article 193 of the Labor Code). When imposing a disciplinary sanction, the administration is obliged to take into account the severity of the offense committed, the circumstances under which it was committed, the employee’s previous work and behavior. Before applying a disciplinary sanction, a written explanation must be required from the employee, which sometimes indicates the absence of a disciplinary offense (absenteeism, tardiness, etc.). If the employee refuses to give a written explanation, a report is drawn up. Such refusal is not an obstacle to imposing a disciplinary sanction. Disciplinary action is applied for directly discovered misconduct, but no later than one month from the date of its discovery, not counting the time the employee is ill or on vacation, as well as the time required to take into account the opinion of the representative body of employees (trade union committee). Absence from work for other reasons, including time off, is not taken into account. Leave that interrupts the specified monthly period includes all types of leave, including educational, social, etc. Disciplinary action cannot be applied later than 6 months from the date of the offense, and based on the results of an audit or audit of financial and economic activities (audit) - no later than 2 years from the date of its commission. These time limits do not include the time of criminal proceedings.

A disciplinary sanction is imposed by an order, which is communicated to the employee against signature within three days from the date of its publication. If the employee refuses to sign it, a corresponding act is drawn up. It is valid for a year, and then automatically loses its power. The penalty can be lifted ahead of schedule at the initiative of the employee’s administration or trade union committee. During the period of disciplinary action, incentive measures should not be applied to the employee.

An employee can appeal a disciplinary sanction to the State Labor Inspectorate or bodies for the consideration of individual labor disputes.

For some categories of workers, it is established that they cannot be subject to disciplinary action without first requesting the opinion of the relevant body: members of trade union committees - without the opinion of the body of which they are members, heads of trade union committees - without the higher body of the trade union.

Another innovation is the indication in Art. 195 of the Labor Code states that the employer is obliged to consider the application of the representative body of workers about the violation by the head of the organization, his deputies of labor legislation, the terms of agreements, the collective agreement and report the results of the consideration to the representative body of workers.

If the facts of such violations are confirmed, the employer is obliged to apply disciplinary action to the head of the organization and his deputies, up to and including dismissal. Let's hope that our trade unions will begin to actively apply this norm.

The chief accountant of Cascade LLC, Petrova, was late for work several times, for which a corresponding report was drawn up and a written explanation was received from the employee. The director issued an order to impose a disciplinary sanction - a reprimand.

During the audit, errors were discovered in accounting: the annual balance sheet was not drawn up on time.

Without waiting for the end of the inspection, the director of Cascade LLC issued an order to deprive Petrova of her quarterly bonus; in addition, her vacation was postponed from July to September, additional leave was not provided for working irregular working hours, and dividends were not paid.

Petrova was dismissed under clause 5, part 1, article 81 of the Labor Code of the Russian Federation.

Are the actions of the director of Cascade LLC legal?

The actions of the director of Cascade LLC are not legal.

According to Article 119 of the Labor Code of the Russian Federation, employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days.

According to Article 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or transferred to another period determined by the employer taking into account the wishes of the employee in the following cases:

Temporary disability of the employee;

Fulfillment by an employee of state duties during an annual paid leave, if for this purpose the labor legislation provides for exemption from work;

In other cases provided for by labor legislation and local regulations.

But Petrova is not suitable for more than one case.

Bibliography

Normative legal acts:

1. “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001) (current edition dated November 25, 2013) // SPS Consultant Plus.

2. “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on November 2, 2013) // SPS Consultant Plus.

3. Federal Law of 02/08/1998 N 14-FZ (as amended on 12/29/2012, as amended on 07/23/2013) “On Limited Liability Companies”

Literature

1. “Labor Law” textbook, ed. O.V. Smirnova and I.O. Snigireva, 4th edition - “Prospect” Moscow 2011.

2. http://www.vuzlib.org/beta3/html/1/19162/19269/

3. http://elementy.ru/library6/tk29-30_189-195.htm

4. http://www.profsro.ru/kommentarii-yurista/vyigovor-sotrudniku-kak-pravilno.html

5. http://www.grandars.ru/college/pravovedenie/mery-pooshchreniya.html

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The concept and legal significance of labor discipline. Ensuring and legal regulation of internal labor regulations, responsibilities of the employer and employees. Disciplinary obligation as a type of legal liability, imposition and removal of penalties.

Internal labor regulations are the legal order in the labor sphere that operates within a particular organization. As noted in the scientific literature on labor law, internal labor regulations are a necessary condition for joint work. It is designed to regulate the behavior of all members of the team, to subordinate their actions to a single goal of the labor process. Compliance with internal labor regulations ensures a certain consistency in the relationship between employees and employers, as well as between the employees themselves. Internal labor regulations form the basis of labor discipline.

In order for the requirements of internal labor regulations to become generally binding, they need legal support. Consequently, labor regulations include a system of regulations governing the procedure for carrying out labor activities in a particular organization.

The most important legal form of regulation of joint labor within a particular organization is the internal labor regulations. According to Part 4 of Art. 189 of the Labor Code is a local regulatory act of an organization that regulates, in accordance with the Labor Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization.

The list of issues regulated by internal labor regulations is open, and, therefore, in each specific case, the content of this local act is determined by the organization itself based on the specifics of its activities. At the same time, based on the fact that the Labor Code prescribes in a number of cases certain issues of labor and related relations to be resolved at the local level, including in the internal labor regulations, we can distinguish the following main sections that usually make up this normative act:

1. General Provisions;

2) the procedure for hiring and dismissing employees;

3) basic rights and obligations of the parties to the employment contract;

4) working hours;

5) rest time;

6) incentive measures for success in work;

7) liability for violation of labor discipline;

8) other issues of regulation of labor relations in the organization.

The “General Provisions” section usually sets out the purpose of adopting these rules, their objectives and scope.

The section “Procedure for hiring and dismissing employees” clarifies the relevant Labor Code norms for a given employer. For example, when applying for a job that requires special knowledge or special training, an employee is required to provide documents on education, qualifications or the presence of special knowledge (those applying for the position of a doctor - a diploma of completion of a higher medical educational institution; those applying for a job as a driver - a license to drive vehicles ).

In the section “Basic rights and obligations of the parties to an employment contract,” the corresponding rights and obligations are formulated taking into account the provisions of Art. 21 and 22 of the Labor Code in relation to the specific conditions of a given organization. Thus, employees of food industry organizations, public catering and trade, water supply facilities, medical and preventive institutions and children's institutions are required to undergo medical examinations (Article 213 of the Labor Code). This responsibility of employees must be enshrined in the internal labor regulations of the relevant organizations.

The most important range of issues resolved in the internal labor regulations (or in the collective agreement of the organization) are issues related to the establishment of working hours and working hours (Article 100 of the Labor Code). These include:

length of the working week (five days with two days off, six days with one day off, or a work week with days off on a rotating schedule);

duration of daily work (shift), start and end times of work;

time of breaks from work;

number of shifts per day, alternation of working and non-working days.

If in an organization employees of certain positions are involved in working on irregular working hours, then the list of such positions should be established at the local level. Also, the internal labor regulations of organizations should determine the specific time for providing a break from work for rest and food and its duration. Since at work where, due to production conditions, a lunch break cannot be established, employees must be provided with the opportunity to eat food during working hours, the list of such work, the order and place of eating must be determined in the internal labor regulations (Article 108 of the Labor Code). It also establishes the types of work for which the employer is obliged to provide employees with special breaks determined by the technology and organization of production and labor, as well as the duration and procedure for providing such breaks (Article 109 of the Labor Code). All of the above issues are regulated in the “Working hours” section.

The “Rest Time” section addresses a fairly large range of issues that the law requires to be resolved at the local level. In particular, the internal labor regulations or the collective agreement determine the second day off in a five-day work week. In organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of workers in accordance with the internal labor regulations (Article 111 of the Labor Code). In addition, the internal labor regulations may determine the procedure and conditions for granting additional leaves, including to employees with irregular working hours (Article 119 of the Labor Code).

The internal labor regulations establish additional types of incentives for employees for work (Article 191 of the Labor Code), specify the procedure for applying disciplinary measures in accordance with the general procedure for their application established by law, determine the days for payment of wages to employees (Article 136 of the Labor Code), and decide other issues determined by the specifics of the relevant organization.

Thus, the internal labor regulations are the most important regulatory act of the organization, designed to reflect the specifics of its activities and regulate the internal labor regulations at the local level.

Since this regulatory act is local, it must be adopted in accordance with laws and other regulatory legal acts, collective agreements, and agreements. Consequently, internal labor regulations cannot worsen the situation of workers in comparison with labor legislation, a collective agreement, or an agreement. In particular, they cannot provide for a longer working week than in the Labor Code or a broader list of disciplinary sanctions than in the Labor Code, etc. Otherwise, the internal labor regulations are declared invalid (Part 4, Article 8 of the Labor Code).

The organization's internal labor regulations are approved by the employer, taking into account the opinion of the representative body of the organization's employees and are, as a rule, an annex to the collective agreement (Article 190 of the Labor Code). If agreement is not reached on the draft internal labor regulations, a procedure is provided for resolving disagreements between the employer and the representative body of employees (Article 372 of the Labor Code). If the employer adopts internal labor regulations without taking into account the opinion of the representative body of employees (or in violation of the procedure for taking this opinion into account), the adopted internal labor regulations are invalid (Part 4 of Article 8 of the Labor Code).

A collective agreement or agreements may provide for the adoption of internal labor regulations in agreement with the representative body of workers (Part 3 of Article 8 of the Labor Code). In this case, the internal labor regulations cannot come into force as a result of the will of the employer alone. The draft internal labor regulations, for the adoption of which an approval procedure is provided, must be submitted to the representative body of workers in order to obtain a visa. Only after a positive resolution of the issue of approval can such internal labor regulations be signed by the employer. If the representative body expresses disagreement with any provision of the draft rules, the employer must take into account the relevant comments when finalizing the draft. Otherwise, the agreement cannot be recognized as valid and the internal labor regulations will not gain legal force.

The employer is obliged to familiarize employees when hiring them with the internal labor regulations in force in the organization (Part 3 of Article 68 of the Labor Code). In addition, internal labor regulations must be available for review by employees at any time.

In some sectors of the economy, where violations of labor discipline can lead to dire consequences, statutes and regulations on discipline apply to certain categories of workers (marine, river, railway transport, nuclear energy, communications, etc.). These statutes and regulations impose increased requirements on the employees to whom they apply.

Most statutes and regulations on discipline do not apply to all workers in the relevant industry, but only to those who perform essential work there. Employees who are not subject to the charters (regulations) are fully subject to the internal labor regulations of the relevant organizations. In addition, employees to whom the charters (regulations) apply are also subject to the internal labor regulations, with the exception of the provisions regulated by these charters (regulations). Thus, the charters and regulations on discipline of workers in certain sectors of the national economy do not replace the rules of internal labor regulations; they only to a certain extent exclude from the scope of these rules those workers who are subject to the charter (regulations). Consequently, the development of internal labor regulations in organizations where charters (regulations) on discipline are in force is not at all excluded.

Charters and regulations on discipline differ from internal labor regulations:

on the peculiarities of the law-making procedure (according to Part 5 of Article 189 of the Labor Code, all statutes and regulations on discipline are approved by the Government of the Russian Federation in accordance with federal laws, and the employer does not have the right to make any changes or additions to them);

by structure (the charters have three sections: general provisions, which list the main responsibilities of employees and managers, incentives, disciplinary sanctions);

Thus, in the Regulations on the discipline of railway transport workers of the Russian Federation, approved by the Decree of the Government of the Russian Federation of August 25, 1992 (as amended on July 7, 2003), it is established that in order to ensure the safety of train traffic, shunting work, and the safety of transported goods, luggage and other entrusted property, as well as in order to avoid situations that threaten the life and health of passengers, employees of enterprises, institutions, and organizations are required to be highly organized in their work and flawless performance of their job duties.

Violation of discipline in railway transport creates a threat to the life and health of people, the safety of train traffic and shunting work, the safety of transported goods, luggage and other entrusted property, and also leads to failure to fulfill contractual obligations. This Regulation applies to all employees of railway transport organizations, regardless of their legal form and form of ownership, with the exception of employees directly listed in the Regulations. In particular, it does not apply to workers in housing and communal services and consumer services, labor supply systems, public catering on railway transport, medical and sanitary, educational institutions, etc.

The Charter on the discipline of employees of organizations with particularly hazardous production in the field of nuclear energy use, approved by the Decree of the Government of the Russian Federation of July 10, 1998, establishes the responsibilities of employees of relevant organizations in order to ensure the safety of nuclear hazardous facilities and prevent unauthorized actions in relation to nuclear materials and radioactive substances , radioactive waste storage facilities. The Charter applies to employees of organizations, the list of which is approved by the Government of the Russian Federation. It also applies to employees of operating organizations that directly ensure the safety of use of nuclear energy facilities in accordance with the list of positions (professions) developed and approved by the relevant federal executive authorities.

Each organization, as a rule, independently establishes the rhythm and working conditions for its employees. To avoid conflicts and labor disputes, these standards are recorded in an official document - Internal Labor Regulations.

This is the only document that establishes the rules of labor discipline for the organization as a whole, while regulating the norms of behavior and activities of all members of the work team, including management.

In structures with a significant number of staff, the rules are considered an annex to the collective agreement and are most often adopted simultaneously with it. The presence of this document is not a formality. Its design, content and approval procedure are of paramount importance.

Regulatory regulation

Internal labor regulations, like any local document, should not conflict with federal, regional legislation, as well as other regulations. They are regulated by the Labor Code of the Russian Federation (chapters,). The main task of the compiler of the PVTR is to adapt the provisions of the Code to the specifics of the organization’s work, without worsening the position of the employee.

It is important for the compiler to pay special attention to ensuring that the requirements set out in the rules do not contradict the norms set out in other documents of the organization. First of all, you need to focus on the provisions outlined in the collective agreement, current job descriptions, as well as in various regulations governing highly specialized technological processes. If discrepancies are identified, they must be eliminated.

The shortcomings of the document will certainly be noticed during the personnel audit.

What are they for?

It is difficult to determine who needs PVTR more - the employer or the employee. The rules help management systematize and generalize the requirements for workers so that, in the event of a violation of labor discipline or conflict, the employer can restore order in the team. Both an individual entrepreneur and the head of a large organization, without relying on PVTR, will find it difficult to effectively and efficiently organize the work process, avoid chaos and anarchy in the team, achieve good labor productivity of their subordinates, and, if necessary, win a legal dispute.

Art. 68 of the Labor Code of the Russian Federation indicates that the hired employee must be familiar with the rules before signing the employment contract, thereby assuring his consent to the working conditions offered by the employer.

Having rules will help an employee avoid arbitrariness of management, infringement of his interests and violation of rights.

PVTR must be provided during any inspection by the labor inspectorate.

Who develops and approves

Develops - legal or personnel service, the manager himself or the employee, appointed responsible for their preparation.

Approved by PVTR only the manager, after agreement with the trade union organization.

The approval procedure is described in detail in Art. 372 of the Labor Code of the Russian Federation, a draft document with justification is sent to the trade union, and after 5 days it must be considered.

If the trade union organization has comments, it does not approve the document, but sends it back, attaching a reasoned opinion. In this case, the employer either unconditionally accepts the comments or organizes a joint consultation with representatives of the team in order to reach agreement. The decision made is recorded in the protocol.

If no agreement has been reached, the employer can approve the document without taking into account the opinion of the trade union, but in this case he runs the risk that the rules adopted alone may be appealed in court. Also by the trade union, in accordance with Ch. 61 of the Labor Code, a labor dispute with the employer may be initiated.

If there is no trade union organization, each point of the rules is agreed upon at a general meeting of the team.

The document is approved as follows: in the upper right corner a mark “I approve” is made, with the date, full name and signature of the manager. A common method of approval is through the issuance of a separate order.

How to properly familiarize employees with PVTR? Three options are used:

a general familiarization sheet, subsequently filed with the document;
familiarization journal;
an individual familiarization sheet stored in the employee’s personal file.

Approved document must be available for review by any interested person. Most often it is posted on a notice board in the organization's building.

Changes are made according to the same scheme.

We bring to your attention a video that tells you more about the internal labor regulations.

Structure and content

The content usually depends on the needs of the organization. A micro-enterprise can limit itself to the main points listed in Article 189 of the Labor Code of the Russian Federation; a larger organization often needs detailed regulation of its activities. The content of the PVTR is not determined by strict requirements, so the management itself decides what additional points should be included in the document.

The rules traditionally cover the following list of issues, depending on their relevance to the head of the organization.
The introductory part contains characteristics of the document: a description of the scope of its application, regulated issues, references to the regulations that formed its basis.

Also are fixed in the document:

length of the working week;
the beginning and end of the working day;
lunch break;
weekend;
availability of access system;
features of working on night shifts;
registration and payment of overtime work;
a list of positions working on flexible schedules and their working conditions;
possibility and conditions of remote work;
specifics of documenting special working conditions;
provision of leave (including additional);
features of transfer to another position;
procedure for posting workers;
salary payment procedure;
restrictions imposed on employees (for example, dress code, financial liability provided for a number of positions, obligation to keep trade secrets);
penalties and incentives;
other questions.

Definitely the responsibility of persons authorized to provide instructions must be specified according to safety regulations, labor protection, sanitation and fire safety.

The main mistakes of employers

Unfortunately, managers sometimes do not take this document seriously, often making mistakes in the process of its preparation and approval.

You can select most common mistakes:

approval by an inappropriate person or without agreement with the workforce;
omission in the text of the document of conditions of paramount importance;
contradiction with regulations that approve similar conditions;
familiarization of employees with the approved rules without requiring a confirming signature;
prohibition of part-time work (except for a narrow list of positions);
adding additional types of disciplinary sanctions not provided for by the Labor Code (for example, deprivation of bonuses)
absence of the document itself (the Code of Administrative Offenses of the Russian Federation provides for administrative liability for the employer for this).

Study question.

The basis of labor discipline is the internal work schedule. It refers to the order of behavior of participants in the labor relationship (employer, employees, their representatives) in the process of labor activity both in the organization and with employers - individuals.

According to Art. 189 Labor Code of the Russian Federation the labor schedule is determined by the internal labor regulations.

(Slide 10)

Internal labor regulations - a local regulatory act that regulates, in accordance with the Labor Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of labor regulation relationship with this employer.(Article 189 of the Labor Code of the Russian Federation)

This local regulatory act is mandatory for adoption by both employers - legal entities and individual entrepreneurs. The legislator has not established special requirements for the content and structure of internal labor regulations, therefore employers have the right to develop this document independently, taking into account the provisions Part 4 Art. 189 Labor Code of the Russian Federation.

Usually internal labor regulations consist of the following sections :

Slide.

1. General provisions (about the operation of the rules).

2. The procedure for hiring and dismissing employees.

3. Basic rights and obligations of employees.

4. Basic rights and obligations of the employer.

5. Working time and its use.

6. Rewards for work.

7. Responsibility for violation of labor discipline.

Internal labor regulations apply to all employees of the organization.

For some areas of activity, departmental orders have been centrally developed and approved Model internal labor regulations.

Internal labor regulations are an independent document approved by the employer, taking into account the opinion of the representative body of employees in the manner established Art. 372 Labor Code of the Russian Federation.

Internal labor regulations are usually an annex to the collective agreement ( Art. 190 Labor Code of the Russian Federation). That. the development of the draft of this document and the introduction of changes and additions to it is carried out according to the rules provided for by the Labor Code of the Russian Federation and other federal laws in relation to the collective agreement.

Along with the internal labor regulations in some sectors of the economy, there are statutes and regulations on discipline. They place increased demands on employee labor discipline, which is determined by the possibility of serious consequences in case of violation. In particular, charters and regulations on discipline contain a broader list of disciplinary sanctions applied to employees and determine the employer's representatives who have the right to bring employees to disciplinary liability.

The Labor Code of the Russian Federation assumes that statutes and regulations on discipline must be established by federal laws ( Art. 189 Labor Code of the Russian Federation), however, at present, drafts of the relevant federal laws are under development, and the current charters and regulations on discipline were approved either by resolutions of the Government of the Russian Federation or by decrees of the President of the Russian Federation. Examples of such non-compliance with the requirements of federal law can be the Charter on the discipline of workers of the fishing fleet of the Russian Federation (approved by Decree of the Government of the Russian Federation of September 21, 2000 No. 708); Regulations on discipline of railway transport workers of the Russian Federation (approved by Decree of the Government of the Russian Federation of August 25, 1992 No. 621); Charter on discipline of employees of organizations with particularly hazardous production in the field of atomic energy use (approved by Decree of the Government of the Russian Federation of July 10, 1998 No. 744); Charter on discipline of maritime transport workers (approved by Decree of the Government of the Russian Federation of May 23, 2000 No. 395); Disciplinary Charter of the Customs Service of the Russian Federation (approved by Decree of the President of the Russian Federation of November 16, 1998 No. 1396).

If the employee does not belong to the categories of subjects who are subject to the charter or regulations on discipline (in particular, the Regulations on discipline of railway transport workers excludes from its scope workers of housing and communal services and consumer services, labor supply systems, public catering on railway transport, which does not include employees of dining cars, agriculture, medical and sanitary institutions, educational institutions, research and methodological offices, cultural and educational, sports and children's institutions, boarding houses and rest homes), then he must obey the general rules of internal labor regulations, which are also adopted by employers in these industries.