Labor regulations are a set of requirements and rules in accordance with which work is carried out. work activity employees. In the sphere of relations between employee and employer, labor regulations are one of the main aspects of activity that regulate labor discipline at the enterprise. At the same time, the organization’s labor schedule is determined both by the standards of the Labor Code of the Russian Federation and other mandatory legislative acts, and by local documents directly adopted within the enterprise.

Labor regulations - what is it, legislative standards

The internal labor regulations at an enterprise are the basis of labor discipline, provided both by the requirements of the legislator and the specific employer. The actual reflection of the labor regulations is in the internal labor regulations. From the point of view of legislation, issues related to labor regulations at an enterprise are regulated primarily by the principles of the Labor Code of the Russian Federation. In particular, the following articles of the Labor Code consider the use of labor regulations:

• Art.8. This article regulates the adoption and application of local regulations by the employer within the framework of labor relations, which also include internal labor regulations.
• Art.15. Its standards generally deal with labor relations between employees and employers. In particular, it is this article that provides for the mandatory subordination of workers to the labor regulations established at the enterprise.
• Art.21. This article establishes the responsibilities of employees, among which the need to comply with labor regulations at the enterprise is also mentioned.
• Art.22. This article examines the responsibilities of the employer, which include monitoring compliance with established labor regulations by employees.
• Art.56. The principles set out in this article consider the employment contract as a whole, as well as the fact that the conclusion employment contract automatically obliges the employee to comply with the labor regulations of the organization, regardless of whether there is a mention this fact in the text of the document.
• Art.68. This article examines the hiring of employees, one of the stages of which is the preliminary familiarization of the applicant with the current labor regulations, completed before concluding an employment contract.
• Art.91. The provisions of this article consider the concept of employee working time, and also establish the mandatory mention of working time in the labor regulations of the enterprise.
• Article 100. This article regulates the working hours at the enterprise, and also directly states the requirement to indicate the working hours in the labor regulations.
• Art. 104. Its standards consider the summarized accounting of working time at an enterprise and require, when applying it, to establish an accounting procedure in the organization’s labor schedule.
• Art. 108. This article regulates breaks at work, which must also be reflected in the internal labor regulations of the organization.
• Art. 109. This article is devoted to special rest and heating equipment, if required by working conditions. At the same time, the procedure for providing these breaks, as well as the positions and types of work to which they apply, must be specified separately in the labor regulations.
• Article 111. This article regulates weekends at the enterprise, while it also allows for the possibility of establishing a non-standard weekend regime in the PVTR.
• Art. 119. This article examines the provision that should be reflected in the rules of procedure at the enterprise.
• Article 136. The principles of this article regulate issues related to the timing of payment of wages and the procedure for settlement with employees. In particular, it also requires specific dates for settlements with employees to be indicated in the PVTR.
• Article 189. This article defines the very concept of internal labor regulations and examines labor discipline in the enterprise as a whole.
• Article 190. The standards in this article regulate general order adoption of PVTR at the enterprise and their registration as a local regulatory act.
• Article 191. This article regulates the incentives for employees, which may also be reflected in the internal labor regulations, if it does not relate to the main types of incentives specified in this article.
• Article 309.2. This article exempts employers with the status of a micro-enterprise from the mandatory registration of local regulations, including internal labor regulations, provided that all necessary and legally required information will be reflected directly in the employment contract with the employee.
• Article 372. The principles of this article oblige the employer to coordinate local regulations with representatives of the primary trade union organization, including the PVTR.

Generally, legal regulation The labor regulations of the organization, which are defined in the provisions of the Labor Code of the Russian Federation, are quite accurate. At the same time, there are quite few direct requirements for it, so employers can quite freely regulate the activities of employees and labor relations.

Despite the wide level of freedom provided by law to employers in matters of establishing labor regulations, its norms in no case should contradict the requirements of the Labor Code of the Russian Federation and other regulatory documents, operating both at the level of the entire state and individual subjects of the federation.

Work routine and labor discipline - what should be recorded in them

Based on the above-mentioned provisions of Russian labor legislation, the labor schedule and its rules must reflect individual standards, both affecting issues of labor discipline and considering the relationship between the employer and the employee as a whole. Thus, internal labor regulations must necessarily contain the following information:

The absence of internal labor regulations is allowed only for two categories of employers. These include individuals who are not individual entrepreneurs, as well as micro-enterprises, where all of the above information can be directly reflected in the terms of the employment contract. In the absence of operational rules adopted as a local regulatory act, the employer may be held administratively liable in accordance with the requirements of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Some information, as can be understood from the legal requirements, must be indicated both in the work rules and in the employment contract. Moreover, despite this duplication, it must be present in both of these documents without fail.

The procedure for determining the organization’s labor regulations

The adoption of labor regulations, like any local regulations, must be accompanied by an appropriate procedural procedure. To determine the work schedule at the enterprise, the employer will only need to use a fairly simple step by step instructions, which in general may look like this:

Both the order and the rules themselves must contain in their text the full name of the organization, details of the document itself in the form of a number or other data, and also have clear page numbering. Acceptance allowed additional applications to the rules, which must also contain all the necessary details and be put into effect by separate orders. There is no need to flash or seal the PVTR, but these actions are acceptable.

Employees should always have access to the PVTR, including even at the stage of their applicant status. Any changes to the PVTR must be brought to the attention of employees no later than two months before they come into force, while employees have the right to refuse to work under the changed conditions, but they can be fired for this, subject to compliance with the requirements of the Labor Code of the Russian Federation. The validity period of the PVTR is not regulated by law - by default it is considered that this document has no validity period.

Rest time, incentives and penalties applied to employees, etc.

As a rule, local regulations are approved at the enterprise by order or directive of its head. According to Art. 190 Labor Code of the Russian Federation Internal labor rules routine(hereinafter referred to as the VTR Rules) are approved taking into account the opinion of the representative body of employees, if such a body exists in the organization.

The Labor Code of the Russian Federation does not clearly define the procedure for introducing changes and additions to the VTR Rules. Therefore, here we should resort to such a method of eliminating gaps in legislation as the “analogy of law”. That is, the VTR Rules are changed in the same order as they were adopted. And here there are two possible development options.

Option 1. The VTR rules have been adopted by the organization as an independent local regulatory act. In this case, they are approved, and also supplemented and amended in the manner prescribed by Art. 372 Labor Code of the Russian Federation. Thus, the employer also sends a rationale for it to the elected body of the primary organization. A reasoned opinion in writing is submitted to the employer no later than five working days from the date of receipt of the project.

If the trade union body disagrees with the draft changes to the VTR Rules, the employer may agree to the version of changes proposed by this body or conduct additional consultations with the elected body of the primary trade union organization of workers in order to achieve a mutually acceptable solution.

All disagreements are documented in a protocol, but even if they exist, the head of the organization has the right to accept changes in the VTR Rules, which can be appealed by the elected body of the primary trade union organization to the relevant state inspection, to the court, or to begin a collective labor dispute procedure in the manner established by this Code.

Option 2. If the VTR Rules are an annex to the collective agreement (are part of it), then they must be amended and supplemented in the order changes and additions to the collective agreement (Article 44 of the Labor Code of the Russian Federation).

Please note

The absence of an elected representative body of workers at the enterprise is not an obstacle to the approval of the VTR Rules and, if necessary, their additions and changes.

Useful advice

If changes to the VTR Rules entail changes to the terms of the employment contract, then employees of the enterprise must be warned about this at least 2 months before these changes enter into force (Articles 72, 74 of the Labor Code of the Russian Federation).

Sources:

• amendments to internal labor regulations

Tip 2: How to make changes to house rules

Internal rules routine- this is a normative act regulating the relationship between employer and employee in accordance with the provisions of Article 190 of the Labor Code of the Russian Federation, the collective labor agreement and the Charter of the company. The document is developed by the enterprise administration together with a trade union organization or other representative body of the workforce. The rules regulate the standards of remuneration and labor protection, labor regime, discipline, guarantees and compensation for employees of the enterprise. Amendments to the internal rules routine may take place at the initiative of the employer in accordance with Art. 74 of the Labor Code of the Russian Federation, but in most cases the order changes rules does not differ from the procedure for adoption. The reason may be a change in technological or organizational working conditions and, as a consequence, the impossibility of the parties to comply with the terms of the employment contract.

Instructions

Prepare and endorse a new version of the Internal Rules routine by the time the changes come into force.

Please note

If the Rules were adopted as part of a collective labor agreement, then the procedure for changing them is regulated by Art. 44 Labor Code of the Russian Federation. If they were adopted as an independent normative act, then Art. 372 of the Labor Code of the Russian Federation, which requires coordination of changes with the representative body of the enterprise’s employees.

Useful advice

Common mistakes in the registration of changes to the Internal Regulations are listed in the link provided at the bottom of this page.

Sources:

• violation of the procedure for changing internal labor regulations in 2019

Tip 3: How to draw up internal labor regulations

Each organization must have an organizational and administrative document such as internal labor regulations. It is with the help of this act that the labor relations of the employer and employees are regulated. As a rule, the labor regime and routine of all organizations are different, so there cannot be a unified form of this document. Each manager, together with the legal department or human resources department, develops these rules.

Instructions

Internal labor regulations can be either an annex to the organization’s collective agreement or drawn up as a separate local act. Whether or not to draw up a title page for this document is up to you, but in practice, most often it is not drawn up.

First you must define the specifics. If your organization has part-time employees, then this document This should be reflected by indicating the positions. Write about their daily routine, that is, rest times, work hours, etc.

If you have employees involved in temporary work, then your internal regulations should indicate the conditions of their work, for example, the right to leave.

In this organizational and administrative document, first write down general provisions, that is, indicate for whom the rules are being developed, their purpose, and by whom they are approved. Next, you can specify the procedure for hiring employees and firing them. For example, in this block you can indicate the application probationary period, about the need to fill out a bypass sheet before dismissal, etc.

The next point is the working hours and its use. Here you can list everything holidays in the coming year. Also be sure to indicate the work schedule, lunch hours, duration of vacation, the possibility of providing leave without pay, etc.

Also, in the internal labor regulations, write down information about the payment of wages, for example, indicate the date when this occurs. If you use bank transfer to pay it, then also write this down in the act.

Don’t forget about the “Rewards for successful work” clause. List specific payments, that is, indicate bonuses and allowances for exceeding the work plan. After this, it is advisable to write about responsibility for violations of the rules, indicating the amount of disciplinary sanctions. Next, indicate information from both your side and the employee’s.

When choosing certain rules, remember that this act should not be overloaded with information, it should be easy to read and understand.

Video on the topic

A collective agreement is an internal legal document that regulates the social and labor relations of members of one team (Article 40 of the Labor Code of the Russian Federation). The document is drawn up and agreed upon with the participation of management and representatives of workers represented by a primary or independent trade union organization. Any changes or additions can be made by the same composition through negotiations and voting.

You will need

• - general meeting of the administration and the primary or independent trade union;
• - protocol with signatures of voting participants.

Instructions

According to Article 41 of the Labor Code of the Russian Federation, you can include a list of any issues regulated at a given enterprise. The legislation does not provide instructions regarding a specific list. To change one or more points or conclude a new collective agreement with changes, additions or the same, gather a primary or independent trade union organization and the administrative staff of the enterprise.

Announce the agenda and record it in written minutes. Enter the entire course of the meeting, proposals for changes or additions with arguments for certain issues raised, into the minutes.

Make changes or additions to the collective agreement if the number of voters for the proposal is more than 50%. A smaller number of votes confirms that the proposals put forward have not been voted on and the internal collective agreement is not subject to change or is subject to change on several points for which the majority of members of the meeting voted.

Any collective agreement can be drawn up for a period of one to three years. After this period, the document is subject to re-approval on all existing points with additions, changes and with consideration on the agenda of new proposals that need to be included in the document.

For any changes to the contract or when approving a new document, hold a general meeting, vote and collect signatures of management and trade union leaders under the list of changed or approved issues.

No change or statement in the document should infringe on the rights of working employees in relation to other citizens. All clauses of the collective agreement must comply with the instructions of the current Labor Code and general civil norms specified in this regard in the Civil Code of the Russian Federation. If any clauses do not meet these requirements, they will be considered invalid by law, regardless of general approval and voting.

Internal labor regulations is a local regulatory act of the company, developed and approved in accordance with the labor legislation of the Russian Federation and the company’s charter for the purposes of:

strengthening labor discipline,

effective organization of work,

rational use of working time,

ensuring high quality and productivity of workers.

Taking into account the provisions of the current legislation, the structure of the Internal Labor Regulations consists of the following sections:

Section 1. General provisions.

Section 2. Procedure for hiring and dismissing employees.

Section 3. Basic rights and obligations of employees.

Section 4. Basic rights and obligations of the employer.

Section 5. Work and rest schedule. Section 6. Incentives for success in work and the procedure for their application.

Section 7. Responsibility for violation of labor laws. The Labor Code of the Russian Federation does not specify the procedure for approving the Rules, but only indicates that they are approved by the employer and brought to the attention of all employees of the organization. The content of the PVTR is usually developed on the basis of documents regulating the activities of the enterprise in the field of human resource management, as well as standard (exemplary) rules. Recommended document structure:

General provisions- the purpose of the rules and their application, to whom they apply, in what cases they are revised and other general information.

The procedure for hiring and dismissing employees- a description of the procedure for registering the hiring and dismissal of employees, the organization’s actions when transferring an employee to another job, the conditions and duration of the probationary period, a list of necessary documents.

Basic rights and responsibilities of employees(based on Article 21 of the Labor Code of the Russian Federation).

Basic rights and obligations of an employer(based on Article 22 of the Labor Code of the Russian Federation).

Working hours- start and end times of the working day (shift), duration of the working day (shift) and working week, number of shifts per day; a list of positions of employees with irregular working hours, if any; place and timing of payment of wages.

Rest time- time of lunch break and its duration; special breaks for certain categories of workers (for example, loaders, janitors, construction workers working outdoors in the cold season), as well as a list of jobs in which they are employed; weekends (if the organization operates on a five-day work week, then the rules should indicate which day, other than Sunday, will be a day off); duration and grounds for granting additional annual paid leave.

Employee Rewards- the procedure for applying measures of moral and material incentives.

Responsibility of employees for violation of discipline- a description of the procedure for applying disciplinary measures, lifting disciplinary sanctions, types of penalties and specific violations of labor discipline that may entail punishment.

Final provisions- includes clauses on the mandatory implementation of rules and the procedure for resolving disputes regarding labor relations.

Personnel Regulations: purpose, structure and requirements for document execution.

Stages of development of the Personnel Regulations:

1. Creation of a commission to develop the Regulations. Since this provision is one of the main local regulatory documents, the participation of heads of structural divisions is necessary in the development and approval of its individual points. In addition, various specialized specialists from the remuneration department, human resources department, and legal department are involved in the work. The commission is headed, as a rule, by the HR director.

2. Determination of the subjects covered by the Personnel Regulations. By general rule Personnel are persons who have an employment relationship with the company. The personnel regulations do not apply to persons providing services under civil contracts. The other entity is the employer. Most often, according to tradition, it is designated by the concept of “administration”. Instead of “administration,” the term “management” can be used.

3. Formulation of the basic principles and rules of relations between staff and the company. In the regulation of social and labor relations, the main principles are:

compliance with legal regulations;

equality of the parties;

voluntariness of accepting obligations;

avoidance of forced or compulsory labor and discrimination in labor;

stability of labor relations.

4. Determining the structure of the Regulations and formulating the content of sections. The following version of the structure of the Regulations can be proposed:

5. Coordination and signing of the document.

6. Company personnel must be familiar with the Personnel Regulations against signature. Newly hired employees are introduced to the Regulations upon signature when signing an employment contract.

Internal labor regulations - concept

Article 189 of the Labor Code of the Russian Federation establishes that internal labor regulations- this is a local normative act regulating in accordance with this Code and other federal laws the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, incentive and penalty measures applied to employees, as well as other issues of regulating labor relations with a given employer.

Based on the provisions of Article 189 of the Labor Code of the Russian Federation, internal labor regulations are a local regulatory act that every employer must have.

PVTR can be an annex to the collective agreement, but I strongly do not recommend doing so.

In addition to those specified in Article 189 of the Labor Code of the Russian Federation, the legislator has not established other requirements for the content of PVTR. I bring to your attention a sample PVTR that most fully covers all issues of labor relations:

Internal labor regulations
(sample)

(in accordance with the requirements of legislation in force as of January 15, 2016)

1. General provisions

1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor regulations in the Limited Liability Company "Odnodnevka" (hereinafter referred to as the Company) and regulate the procedure for hiring, transferring and dismissing employees, basic rights, duties and responsibilities of the parties to the employment contract, working hours, hours rest, incentive and penalty measures applied to employees, as well as other issues of regulating labor relations in the Company.

1.2. The Rules are a local regulatory act developed and approved in accordance with the labor legislation of the Russian Federation and the Company’s charter in order to strengthen labor discipline, effective organization labor, rational use working hours, ensuring high quality and productivity of the Company’s employees.

1.3. The Rules use the following concepts:

Employer - Limited Liability Company "Odnodnevka";

Worker- an individual who has entered into an employment relationship with the Employer on the basis of an employment contract and on other grounds provided for in Art. 16 Labor Code of the Russian Federation;

Note: quite often an employee is called in an employment contract and local regulations employee, which is erroneous and can lead to the recognition of the employment contract as not concluded, because According to Article 20 of the Labor Code of the Russian Federation, the parties to labor relations are the employee and the employer. The employee is not a party to the labor relationship, because There is no such concept in the Labor Code of the Russian Federation.

labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with Labor Code Russian Federation, other laws, employment contract, local regulations of the Employer.

1.4. The Rules apply to all employees of the Company.

1.5. Changes and additions to the Rules are developed and approved by the Employer, taking into account the opinion of the representative body of employees.

1.6. The official representative of the Employer is the General Director.

1.7. Labor responsibilities and rights of employees are specified in employment contracts and job descriptions, which are an integral part of employment contracts.

2. Procedure for hiring employees

2.1. Employees exercise the right to work by concluding a written employment contract.

work book, except for cases when an employment contract is concluded for the first time or the Employee enters a job on a part-time basis;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training.

An employment contract cannot be concluded without presenting the specified documents.

2.4. If an employment contract is concluded for the first time, the work book and insurance certificate of state pension insurance are issued by the Employer.

2.5. If the person applying for work is absent, work book in connection with its loss, damage or for any other reason, the Employer is obliged, upon a written application from this person (indicating the reason for the absence of a work book), to issue a new work book.

create associations of employers for the purpose of representing and protecting their interests and join them;

exercise the rights provided for by the legislation on special assessment working conditions;

access to the employee’s postal, electronic and other correspondence, as well as all working documentation available to the employee (including those stored on the employee’s personal computer);

exercise other rights granted to him in accordance with labor legislation.

5.2. The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement (if any), agreements and employment contracts;

provide employees with work stipulated by the employment contract;

ensure safety and working conditions that comply with state regulatory requirements for labor protection;

provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;

provide workers with equal pay for work of equal value;

keep records of the time actually worked by each employee;

pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), and employment contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize employees, against signature, with accepted local regulations directly related to their work activities;

create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

provide for the everyday needs of employees related to the performance of their job duties;

carry out compulsory social insurance of employees in the manner established by federal laws;

The employer is obliged to establish part-time working hours at the request of employees for the following categories of employees:

• pregnant women;

  one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);

  a person caring for a sick family member in accordance with a medical certificate issued in the prescribed manner;

  a woman on parental leave until the child reaches the age of three, the child’s father, grandmother, grandfather, other relative or guardian who is actually caring for the child and wants to work part-time while maintaining the right to receive benefits.

7.4. The maximum duration of daily work is provided for the following persons:

workers aged 15 to 16 years - five hours;

workers aged 16 to 18 years - seven hours;

students combining study and work:

from 14 to 16 years old - two and a half hours;

from 16 to 18 years old - four hours;

disabled people - in accordance with a medical report.

7.5. For part-time employees, the working hours should not exceed four hours per day.

7.5.1. If the Employee at his main place of work is free from performing work duties, he can work part-time full time. The duration of working time during one month (another accounting period) when working part-time should not exceed half of the monthly standard working time established for the corresponding category of employees.

7.5.2. The restrictions on working hours specified in clauses 7.5 and 7.5.1 when working part-time do not apply in the following cases:

if the Employee has suspended work at his main place of work due to a delay in payment of wages;

if the Employee is suspended from work at his main place of work in accordance with a medical report.

7.7. The Employer has the right to engage the Employee to work outside the working hours established for this Employee in the following cases:

perform overtime work if necessary;

if the Employee works on irregular working hours.

7.7.1. Overtime- work performed by the Employee on the initiative of the employer outside the working hours established for the Employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period. The Employer is obliged to obtain the written consent of the Employee to engage him in overtime work..

The Employer has the right to involve the Employee in overtime work without his consent in the following cases:

when carrying out work necessary to prevent a disaster, industrial accident or eliminate the consequences of a disaster, industrial accident or natural disaster;

in the production of social necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;

when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work under emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases threatening the life or normal living conditions of the entire population or part of it.

7.7.2. Irregular working hours- a special regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them.

The provision for irregular working hours must be included in the employment contract. The list of positions of employees with irregular working hours is established by the Regulations on Irregular Working Days.

7.8. The employer keeps records of the time actually worked by each employee in a time sheet.

8. Rest time

8.1. Rest time- time during which the Employee is free from performing work duties and which he can use at his own discretion.

8.2. Types of rest time are:

breaks during the working day (shift);

daily (between shifts) rest;

8.3. Employees are provided with the following rest periods:

a break for rest and food lasting one hour from 13.00 to 14.00 during the working day;

two days off - Saturday, Sunday;

non-working holidays:

annual holidays while maintaining the place of work (position) and average earnings.

The terms of the employment contract may provide employees with other days off, as well as other times for breaks for rest and meals.

8.4. Employees are provided with annual basic paid leave of 28 (twenty-eight) calendar days. By agreement between the Employee and the Employer, annual paid leave may be divided into parts. In this case, the duration of at least one part of the vacation must be at least 14 calendar days.

8.4.1. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months.

8.4.2. The employer must provide annual paid leave before the expiration of six months of continuous work upon their request to the following categories of employees:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who adopted a child (children) under the age of three months;

part-time workers simultaneously with annual paid leave at their main place of work;

in other cases provided for by federal laws.

8.4.3. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid vacations established by the vacation schedule. The vacation schedule is approved by the Employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by the Labor Code of the Russian Federation.

8.4.4. Individual categories employees in cases provided for by the Labor Code of the Russian Federation and other federal laws, annual paid leave is provided at their request at a time convenient for them. These categories include:

military spouses;

citizens who received a total (accumulated) effective radiation dose exceeding 25 cSv (rem);

Heroes of Socialist Labor, Heroes of Labor Russian Federation and full holders of the Order of Labor Glory;

honorary donors of Russia;

Heroes of the Soviet Union, Heroes of Russia, holders of the Order of Glory;

husbands whose wives are on maternity leave.

8.5. The Employee must be notified by signature of the start time of the vacation no later than two weeks before it begins.

8.6. If the Employee wishes to take annual paid leave in a period other than that provided for in the vacation schedule, the Employee must notify the Employer about this in writing no later than two weeks before the intended vacation. Changes in the timing of leave in this case are made by agreement of the parties.

8.7. For family reasons and other valid reasons, the Employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the Employee and the Employer.

The Employer is obliged, based on a written application from the Employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, federal fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penal system who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

9.1.1. Size official salary established on the basis staffing table Society.

9.2. An employee may be paid a bonus in the amount of up to 50 percent of the salary, subject to the conditions and procedure established by the Regulations on Remuneration.

9.3. Employees who have reduced working hours are paid in the amount provided for normal working hours, with the exception of employees under 18 years of age.

Workers under the age of 18 are paid based on their reduced work hours.

9.4. If the Employee is assigned part-time work, remuneration is made in proportion to the time worked.

9.5. For employees who have a traveling nature of their work stipulated in their employment contract, transportation costs are compensated in the manner and under the conditions determined by the Regulations on Remuneration.

9.6. Wages are paid to employees every half month: on the 5th and 20th of each month: on the 20th the first part of the Employee’s salary for the current month is paid in the amount of at least 50 percent of the official salary; On the 5th day of the month following the billing month, a full settlement with the Employee is made.

If the payment day coincides with a weekend or non-working holiday, wages are paid before the onset of these days. Payment for vacation time is made no later than three days before the start of the vacation.

9.7. Payment of wages is made in Russian currency at the Company's cash desk.

Wages can be paid in non-cash form by transferring them to the current account specified by the Employee, if the terms of the transfer are specified in the employment contract.

9.8. The Employer transfers taxes from the Employee’s salary in the amounts and manner provided for by the current legislation of the Russian Federation.

9.9. During the period of suspension from work (preclusion from work), the Employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation or other federal laws. Such cases include removal from work:

• due to tuberculosis. During the period of suspension, employees are provided with state social insurance benefits;

  due to the fact that a person is a carrier of pathogens of an infectious disease and may be a source of spread of an infectious disease if the Employee cannot be transferred to another job. During the period of suspension, such employees are paid social insurance benefits;

  due to failure to complete training and testing of knowledge and skills in the field of labor protection. Payment during the period of suspension is made as for downtime;

  due to failure to undergo a mandatory preliminary or periodic medical examination through no fault of the Employee. In this case, payment is made for the entire period of suspension from work as idle time.

10. Rewards for work

10.1. To reward employees who conscientiously perform their job duties for long and impeccable work at the enterprise and other successes in their work, the Employer applies the following types of incentives:

announcement of gratitude;

rewarding with a valuable gift;

awarding a certificate of honor.

The amount of the bonus is set within the limits provided for in the Regulations on Remuneration.

10.2. Incentives are announced in the order (instruction) of the Employer and brought to the attention of the entire workforce. The simultaneous use of several types of incentives is allowed.

11. Responsibility of the parties

11.1. Responsibility of the Employee:

11.1.1. For the Employee committing a disciplinary offense, i.e. failure to perform or improper performance by the Employee through his fault of the labor duties assigned to him, the Employer has the right to bring the Employee to disciplinary liability.

11.1.2. The employer has the right to apply the following disciplinary sanctions:

comment;

• dismissal on the appropriate grounds provided for by the Labor Code of the Russian Federation.

11.1.3. For each disciplinary offense, only one disciplinary sanction can be applied. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

11.1.4. Before applying a disciplinary sanction, the Employer must request a written explanation from the Employee. If after two working days the specified explanation is not provided by the Employee, then a corresponding act is drawn up. Failure by the Employee to provide an explanation is not an obstacle to applying a disciplinary sanction.

11.1.5. Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the Employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

11.1.6. The Employer's order (instruction) to apply a disciplinary sanction is announced to the Employee against signature within three working days from the date of its publication, not counting the time the Employee is absent from work. If the Employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

11.1.7. The disciplinary sanction may be appealed by the Employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

11.1.8. If within a year from the date of application of the disciplinary sanction the Employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

11.1.9. The Employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the Employee according to own initiative, at the request of the Employee himself, at the request of his immediate supervisor or a representative body of employees.

11.1.10. During the period of validity of the disciplinary sanction, the incentive measures specified in clause 10.1 of the Rules are not applied to the Employee.

11.1.11. The Employer has the right to hold the Employee financially liable in the manner established by the Labor Code of the Russian Federation and other federal laws.

11.1.12. An employment contract or written agreements attached to it may specify the financial responsibility of the parties to this contract.

11.1.13. Termination of an employment contract after causing damage does not entail the release of the Employee from financial liability provided for by the Labor Code of the Russian Federation or other federal laws.

11.1.14. The Employee's financial liability arises if he causes damage to the Employer as a result of culpable unlawful behavior (actions or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

11.1.15. An employee who causes direct actual damage to the Employer is obliged to compensate it. Lost income (lost profits) cannot be recovered from the Employee.

11.1.16. The employee is released from financial liability if the damage occurs as a result of:

normal economic risk;

emergency or necessary defense;

failure by the Employer to fulfill the obligation to provide appropriate conditions for storing property entrusted to the Employee.

11.1.17. For damage caused, the Employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

11.1.18. In cases provided for by the Labor Code of the Russian Federation or other federal laws, the Employee may be held financially liable in the full amount of damage caused. The Employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the Employer in full.

11.2.7. If the Employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the Employee, the Employer is obliged to pay them with interest ( monetary compensation) in an amount not less than one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation in effect at that time from amounts not paid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement, inclusive.

The concept of internal labor regulations

In the legal literature, internal labor regulations are often identified with the rules of internal labor regulations, i.e., a local regulatory legal act of an organization that regulates “the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods applicable to incentive and punishment measures for employees, as well as other issues of regulating labor relations with a given employer” (Part 4 of Article 189 of the Labor Code of the Russian Federation). With this determination, a number of errors are allowed.

Firstly, one cannot identify the objective category, which is the internal work routine, with the result of its mediation. Internal labor regulations are a subjective category, since they are the result of a compromise between the employer and the representative body of employees. In accordance with Art. 190 of the Labor Code of the Russian Federation, internal labor regulations are approved by the employer, taking into account the opinion of the organization’s trade union committee. Currently, internal labor regulations are usually an appendix to a collective agreement, which is concluded by the employees and employer of the organization represented by their representatives (Article 40 of the Labor Code of the Russian Federation). Consequently, internal labor regulations are approved by the employer not only taking into account the opinion of the trade union committee, but also together with it, if they are included in the collective agreement, albeit as an appendix. - a single legal act of the organization. The appendix to it is an integral part of it.

Secondly, internal labor regulations are mediated by a number of local regulatory legal acts. These are not only internal labor regulations, but also regulations on organizational units, job and technological instructions, and technological process documents. Local legal acts establish and make certain rules for performing the work assigned to them mandatory for all participants in joint labor. Such rules are not the result of the discretion of the employer and the trade union committee of the organization. They are dictated by the content of the technology implemented in a given organization, the conduct of the technical process, and its objective requirements.

Etymologically, requirements are a set of conditions (data) that someone must meet, as well as an urgent request, a desire to comply with them, expressed in a categorical form, including legal. The requirements of the technological process are addressed not only to employees, but also to representatives of the employer. They usually categorically prescribe certain options for labor behavior that are mandatory for them.

Hence, internal labor regulations can be defined as an objective system of requirements, determined by the content of the technological process, formulated by the employer, within the limits established for him by law, for the behavior of participants in joint labor.

This system includes the following elements:

• requirements ensuring the maintenance of the technical process, compliance with labor protection and the quality of products;
• requirements for subordination and coordination of employee behavior in the production team;
• regime of working hours and rest time, stay (stay) in the organization.

The internal labor regulations predetermine the system and structure of the special part (part three of the Labor Code of the Russian Federation). Therefore, it is quite justified to consider the internal labor regulations at the beginning of the presentation of other institutions of the special part, and not at the institute (Section VIII of the Labor Code of the Russian Federation).

Regulatory basis of internal labor regulations

Regulatory framework internal labor regulations are not constituted by regulatory legal acts, but by the norms of labor law that they contain. The internal labor routine is indeed mediated in the corresponding system of norms. These are not only legal, but also other social norms, such as ethical, aesthetic, religious.

Technological standards

There is a debate in the legal literature about technological standards different from technical (technical and legal) standards. In the normative basis of the organization’s internal labor regulations, they occupy, if not a determining, then a significant place.

Technological standards at the organization level are contained in local regulations legal acts adopted by the employer independently to ensure the effective conduct of the technical process. They program for the employer (his representatives) and employees the maintenance of the technical process used by the employer in the production of goods, provision of services, and performance of work.

In the narrow sense of the word, the technical process of an organization is understood as a set of operations mandatory for employees and the employer for the extraction and processing of raw materials into semi-finished products or finished products. IN in a broad sense This is a purposeful, pre-programmed sequence of labor actions of workers, subordinate to the requirements established by the employer, objectively determined by the laws of nature and technology.

The technological process predetermines any type of organization of non-individual contractual labor of workers subordinate to the employer. Thus, in the field of education, technological norms establish the rules of labor behavior, regulating certain stages (teaching and educational operations) of the technical process of teaching (training students). They form the normative basis of the internal regulations of an educational institution. Teaching staff universities are required to give lectures, advise students, applicants, graduate students, conduct seminars and practical exercises, manage practical training, conduct current and final certification of students in the form of tests, exams, defense of coursework and diploma works.

Technological norms have all the basic features that characterize a rule of law. Technological standards are mandatory for all participants in the technical process of a particular organization. They are general rules. Their use is intended by the employer for a repeated number of cases (until changes in production technology due to the development of science and technology). As a rule, the standards under study are designed for one or another type of labor regulation or for a certain category of workers.

Technological norms, like any legal norms, are characterized by formal certainty. The form of their objectification at the organizational level is local regulatory legal acts - technical process documents.

To a certain extent, we can talk about the formation of modern stage legal hierarchy of technological norms. Scientific and technical progress has allowed the modern employer to choose from a variety of options the technological cycle that suits him. Technology is based on the laws of nature and technology. Science develops on their basis various options technical process. The choice of one or another option by the employer is objectively determined by the state requirements for safety, protection of life and health of consumers, and the capabilities and interests of the owner of the means of production. The legislator, carrying out technical regulation of business activities, formulates appropriate recommendations in national standards, and establishes quality standards for individual production technologies and products. In essence, these are technological standards that establish at the level of federal legislation recommendatory and mandatory rules for the conduct of individual technical processes for employers. By establishing a certain technological scheme of operations, the employer thus forms and then in certain documents of the technical process secures the range of rights and responsibilities of the performer participating in its implementation.

We can talk about the specific properties of technological standards.

First, technological norms are ultimately based on the laws of nature and technology. Technical process documents contain references to technical standards. Although technological standards are based on the laws of nature and technology, the practice of their application depends on the will of the employer, i.e., from many possible options, known to science technical processes, he selects one that seems to him to be the most effective in the given conditions of its application, and enshrines in local regulatory legal acts the rights and responsibilities of the participants in its conduct and actual implementation. As noted above, before this, the technical process existed only in the form of scientific developments, in the form computer graphics, on paper or, in best case scenario, as a working model.

Secondly, technological standards are legally established by the rule-making body, including the employer, independently. They contain imperative requirements for participants in joint hired labor, on the conscientious implementation of which depends the efficiency of the technical process, and ultimately the work of the entire organization and its competitiveness.

Thirdly, technological norms, unlike technical ones, always have their addressee - participants in the joint labor process, conducting a specific technical process, they determine the content production function organizations.

Fourthly, technological norms play an informational and educational role. They explain to the employee very specifically what is required of him at one or another stage of the technical process in the organization, thereby forming his legal consciousness and proper labor behavior.

Fifthly, by mediating a specific technological process of the organization, they determine the order in which employees of the system perform labor actions and operations, i.e., the labor function of the participants in joint labor.

In the literature on labor law attempts have been made classifications technological standards. There are two types of such norms. The first provides rules for the behavior of workers in the process of performing technological operations in the workplace. They either determine the rights and responsibilities of workers during the implementation of a technical process, or establish the sequence of specific actions of an employee, or establish requirements for the employee for the use of equipment and materials certain quality. The second type of technological standards regulates the relations between workers both vertically and horizontally when conducting a technical process. This type of norms, in relation to the normative basis of internal labor regulations, is more accurately attributed to the norms of subordination and coordination in the production team.

It is possible to classify technological standards depending on the content of the technical process in specific sectors of material production (economy): technological standards for construction, production of metal structures, operation of energy systems, etc.

Based on the nature of the employer’s requirements, the practice of local regulation also makes it possible to distinguish between technological norms-recommendations, technological norms of positive obligation and norms-prohibitions.

IN standards and recommendations In certain conditions, the employee is asked to be vigilant and take additional labor protection measures. They also recommend taking into account the individual characteristics of your body and well-being, avoiding negative emotions (irritation, indignation, fear), behaving in a balanced manner, etc.

Norms of positive obligation are much more common. They establish technical requirements for raw materials, semi-finished products, mandatory for employees and employers. general requirements on labor protection, industrial sanitation, regulate certain labor operations inherent in this technical process (marking, turning, drilling, etc.).

Prohibition norms establish for an employee, for example, a ban on working with faulty devices, tools and protective equipment, and prohibit the admission of persons under 18 years of age to certain types of work.

The importance of regulating the requirements for conducting a technical process for an employer is obvious. Thus, it ensures the final result of the work. Employees are no less interested in the availability of technological standards. The results of a sociological survey indicate that for them the main prerequisite for rhythmic, effective work is the organization of the technological cycle and adherence to technological labor discipline. The safety and effectiveness of the work of participants in a specific technical process depend on the clarity, detail, and description of labor operations by the employer.

Analysis of technical process documents operating in an organization confirms that the technical process is a set of technological methods, links or operations. It can be presented in the form of a technological diagram, which predetermines the actual content of the internal labor regulations, i.e., specific requirements for certain employees in the process of performing their labor duties established in technological standards.

In terms of their goals, homogeneous local legal norms that mediate the technical process in an organization perform the same task - establishing a system of rules for proper labor behavior of employees, a normative basis for the internal labor regulations of the organization.

From the foregoing, the following conclusions can be drawn.

Firstly, labor relations are ultimately determined by the appropriate production technology. The interaction of an employee on the instructions and under the control of the employer (his representatives) with tools and objects of labor is indeed predetermined by technology, the technical process of the corresponding production. In this sense, the employee’s command is programmed in advance by the employer and put into the appropriate legal form - technical process documents.

Secondly, the practice of local regulation shows that it is the technological relationship between the employer and the employee that is subject to detailed legal regulation by the employer at the local level. Technological standards are not abstract constructs, they are always designed for a certain circle of subjects - participants in the conduct of a specific technical process adopted in the organization, and are aimed at achieving real tasks - programming the labor process itself, its results.

Coordination standards

Relationship organized labor participation - important condition efficiency of the organization. This coordination relationships participants of the hired, subordinate, joint pile. They are also ultimately determined by the content of the technical process and develop “horizontally” between workers, specialists, and, at the appropriate levels, between representatives of the administration. Such relationships are programmed (fixed, regulated) by social and labor rules - norms of coordination. These are not only moral (ethical) rules, but also customs, traditions, and legal norms. Thus, internal labor regulations oblige workers to behave with dignity and refrain from actions that prevent other workers from performing their duties. Social and labor standards prohibit employee actions that offend the dignity of other people, foul language, quarrels, smoking in undesignated areas, etc.

The higher the mutual interest of workers in the labor process and its results, the higher the level of their general and professional culture, the less the need for the team and society to establish the appropriate norms of labor behavior in the legal order. The longer the collaboration, the more stable the team, the more customs, traditions, ethical and aesthetic rules come to the fore in regulating coordination relations.

In adaptive corporations (usually in a small group of creative workers), contradictions are smoothed out, and the need arises to unite efforts (collective action). The initial “moral unity” provides a basis for mutual trust between performers in small organizations (“teams”) and forms the basis for the coordination of labor relations and effective joint production activities.

When analyzing social and labor rules, attention is drawn to the complex interaction of their various types, in particular ethical and legal, the peculiarities of their development, certain competition, prospects for improvement, strengthening or weakening of the role, depending on the specific historical conditions in which it has developed and operates. production team.

It is also impossible not to pay attention to the fact that the rules of coordination should accumulate as much as possible precisely at the level of a separate norm the authority of both moral and legal rule. Many shortcomings in the organization of work, ensuring discipline and order are also explained by the insufficient level of not only professional, but also personal culture, and a disdainful attitude towards moral ideals and ethical standards.

Subordination norms

Any process of joint labor requires an appropriate placement of workers, timely provision of tools and objects of labor, control, as well as the establishment of a certain subordination between its participants. Such relationships are built on power and submission. Availability regarding subordination and control due to the need to streamline the efforts of participants in joint labor in the interests of the workers themselves. It is in this form that the interests of individual performers can be reconciled with the interests of the owner, owner, and his representatives (administration). As a result of this, the relationship of subordination is perceived by the conscious majority of workers as a necessary condition for joint work, and not as an infringement of their rights or the imposition of burdensome duties alien to them. In conditions of election of certain leaders, these features of labor organization become quite obvious.

Relationships of power and subordination are regulated norms of subordination, among which the decisive role is given to legal (legal) rules. Thus, labor legislation establishes the duties of employees to promptly and accurately carry out orders from the administration. Organizational and methodological standards, job regulations and instructions, orders on the distribution of powers in the management level of the administration (employer representatives) establish the circle of persons managing the activities of the contractor, a list of issues on which he is responsible to a higher representative of the administration.