In addition to the all-Russian regulations, legislative decrees at the level of subjects, workers are required to comply with the PWTR. That is, the rules of the internal labor schedule. They are compiled directly by the employer. In the article, we will present samples of the PWTR, consider what legislative acts the compilers of the document rely on, what is its importance, what sections must be included in the rules.
What is this?
The organization's internal regulations are local mandatory executive acts containing information about the organization of the activities of the workforce, the principles of interaction between the employer and employees. This kind of personnel documentation regulates the rules for admission to the workplace, dismissal, vacation schedules, remuneration, appointment of bonuses, punishments for misconduct related to the performance of official duties.duties.
Russian legislation requires each company, institution to have not only its own internal regulations of the organization, but also other internal (local) regulations governing the activities of workers. What could it be?
For example, in the accounting environment - accounting policy, in personnel - the development of internal labor regulations. This document should be available to all employers, regardless of the scale of their activities, form of organization. PVTR is developed by IP, LLC, PJSC. This is prescribed by Art. 189 of the Labor Code.
Such Rules - a very common document, as it covers all areas of the organization. The employer needs to have it already at the beginning of his activity. Therefore, many employers consider samples of the organization's internal regulations in order to draw up their personal documentation based on them.
Model rules need improvement?
But who makes up the typical options? Once upon a time, the state de alt with this issue. The sample internal order of the organization was approved by the Decree of the State Committee for Labor of the Soviet Union No. 213 (1984).
The main difficulty is that this type sample is already obsolete, as it was developed more than 30 years ago. In the modern realities of labor law, the internal labor schedule for organizing such a plan is not suitable. It is necessary to make changes to it, since the requirements of the Labor Code are already qualitatively different than in the days of the USSR.
In addition, any pattern of housekeepingorganization needs to be improved, depending on the specifics of the activity of the enterprise itself. It is also necessary to take into account the wishes of the trade union committee and the workers themselves. Already taking into account all of the above, make changes to the STRP of the standard type. And get your own original document based on the sample.
Difficulty in the development of PWTR is also that such an act is a very common document. In other words, this is the Labor Code of the Russian Federation in miniature. Of course, it is impossible to include all chapters, sections and articles of the Labor Code in the Rules, and in some cases it is not necessary.
Nevertheless, personnel officers recommend placing the following sections there:
- Procedure for the employment of new employees.
- Procedure for the dismissal of workers.
- Working hours, rest time for employees.
- Basic rights and obligations of employers.
- Basic rights and obligations of workers.
- Responsibility of both employer and employees.
- Procedure for payment of remuneration for work.
- Incentives and pen alties for workers.
- Other labor relations important rules for employers.
The following can be added to the typical PVR at the request of the employer:
- Requirements for the appearance of employees, dress code.
- Restrictions on the use of social networks on work computers, on the use of smartphones during working hours.
What should not be included in a document?
The employer needs to remember that the PWTR contains only general rules regarding the working conditions in his organization. It also contains the general requirements of the company's management to its employees.
PWTR is mandatory for all workers in the company, at the enterprise. This is prescribed by Art. 21 of the Labor Code of the Russian Federation: each officially employed citizen is obliged to comply with the internal labor regulations of the particular organization in which he works.
From here, the rules should be of the most general, universal order - easily applicable to each employee. And the manager, and the service professional, and individual specialists.
Personal requirements for individual workers should not be included in the document. They are included in job descriptions. It also indicates the requirements for individual jobs, the features of the functioning of specific officials. Such information must be included in employment contracts for employees. But there is no place for her in the PVTR.
If the employer deviates from the model of the internal regulations of the organization, does not include in this local act an important section that duplicates the requirements of the Labor Code of the Russian Federation, then this will be revealed during the inspection by the State Labor Inspectorate. If violations are found, the inspector will issue an order that is binding on the employer, threatening a certain kind of liability.
HR does not adviserewrite the entire Labor Code of the Russian Federation in the PVTR, although it is the main model for this local act. It is important to make sure that none of the prescriptions of such local Rules contradicts the Labor Code, does not worsen the situation of employees in comparison with workers of other organizations that operate strictly according to the Labor Code. Otherwise, Art. 8 of the Russian Labor Code cancels the adoption of a local regulatory act by this employer.
Adoption and approval of the act
Before accepting the PWTR, the document must be agreed with the trade union (if there is such an association of workers). If approval is received, the details of the minutes of the trade union meeting are indicated.
The internal labor regulations are approved by a separate order. It is signed by the director. It is sent to the heads of structural divisions and the head of the personnel department. Their duties include conveying this information to subordinates against signature, ensuring control over compliance with these Rules by workers.
The head of the personnel department must place a copy of this act (for public review) on information stands. And also to provide an opportunity for all candidates for vacant positions to get acquainted with the PTP before the fact that they sign an employment contract when applying for a job.
To record the fact that the employees of the company are familiar with the new Rules, you can keep a special journal or register of familiarization, where the workers will affix their confirmation signatures. PVTR are printed separately fornewly hired employees. During employment, they also put their signatures in a special register, thereby confirming the fact of familiarization with the Rules. Art. 68 of the Russian Labor Code prescribes to do this before signing an employment contract.
Consideration of the opinion of the elected body
This is directly stated in article 372 of the Labor Code of the Russian Federation. The employer is obliged to submit the newly drawn up Internal Regulations for consideration by the trade union. In response, this organization, no later than 5 working days from the date of receipt of the document, sends its reasoned opinion to the addressee of the PVTR in writing.
If the trade union does not agree with the content of the act, asks to make some changes to it, the employer, under Article 372 of the Labor Code of the Russian Federation, is obliged to consult with this organization in order to come to a common decision in accordance with the content of the Rules.
If the PWTR are accepted without obtaining the approval of the trade union, then the members of the employer report such a decision to the State Labor Inspectorate. They also have the right to challenge his illegal action in court.
Title page and general provisions
The internal labor regulations are a very voluminous document, as we have already noted. Its scale is explained by the fact that this local act must take into account all the requirements of domestic labor legislation. Some paragraphs are devoted only to general norms, and some - to specific provisions of the Labor Code.
The document must begin with a title page. Its design is basedat st. 190 of the Labor Code of the Russian Federation. The title page should include the following:
- Employer company name - both full and abbreviated. Organization location.
- Information about the approver, his visa indicating the position, full name, personal signature.
- Information that the opinion of the trade union organization was taken into account.
Following immediately placed general provisions. They briefly review the main concept, the main idea of the whole act.
In the "General Provisions" it should be mentioned that this act determines the labor schedule in the organization "Name". It also regulates the procedures for employment, hiring and dismissal of workers, the rights, duties and responsibilities of all interested parties - the employer, the rank and file and management staff.
It is necessary to answer that it is the PWTR data that are fundamental for all labor relations in the employer's organization. It is noted that they are inherently a normative local act that was developed and approved in accordance with domestic labor legislation, the Charter of the organization in order to strengthen labor discipline in the team, for effective organization of labor, etc.
Further, the compiler randomly arranges the remaining sections of the act. They contain more specific and specific information. Consider the content of the most important sections of the document.
Complete list of violations must be entered into the PVTRdiscipline in the workplace, which can lead to the dismissal of workers (according to article 81 of the Labor Code of the Russian Federation). In particular, this is a disciplinary punishment for absenteeism, appearing at work in a state of intoxication, hooliganism, theft of the employer's property, etc.
At the request of the drafter, the Rules can specify those rules that are not considered in the Labor Code. For example, in relation to officials, one can appeal to paragraph 49 of the Decree of the Plenum of the Russian Supreme Court No. 2 (2004). It is considered here how gross violations in the performance of their duties by the boss led to harm to the he alth of workers / causing material damage to the employer.
The section of the Internal Regulations should also be devoted to the organization of labor activity in the organization. With regard to working hours, the following is signed:
- The mode of work and rest in the company, at the enterprise.
- Duration of the working day, working week, duration of breaks, etc.
- Schedule of weekends and holidays in accordance with the production calendar, which is approved by the Government of the Russian Federation.
- If the company's specialists work according to a special schedule, then it must also be described in the PWTR.
Guarantees and compensation provided
Employers often place such a section in the Rules. The following is indicated here:
- The amount of compensation paid by the employer in case of salary delay (based on Art. 236 of the Labor Code of the Russian Federation).
- The amount of guarantees, compensations,material assistance to employees, the conditions for providing these payments, incentive measures.
Especial attention is given to the amount of such cash benefits. If it turns out to be higher than the mandatory one, it will attract the attention of regulatory authorities. In particular, the FTS. But even in the case when the amount of compensation required under the Labor Code is below the minimum wage, this will also be illegal.
Document validity period
After all the norms and rules of labor organization are listed in the act, it is necessary to place information regarding the terms and conditions of the PWTR themselves.
As for the period of validity of the Rules, the legislation does not establish any mandatory figures here. The organization determines this period independently. For example, for 5 years. If any significant changes in the all-Russian labor legislation did not occur during this period, then the document is extended by a local order of the head for several more years.
It is necessary to make changes to the PVR in the following cases:
- Significant changes in Russian labor legislation. For example, when prescribing an increase in the volume of labor guarantees for employees of companies and enterprises. Accordingly, the Rules are changed so that they do not contradict the law.
- Significant changes in the organization of the employer itself - working conditions have been updated, the vector of activity has changed.
In such cases, the PVR are reviewed. The procedure for updating a document is similar to the procedure for accepting it. Compiledproject submitted for union approval. Then - the order of the leadership, which introduces new PWTR into force. The document is sent for familiarization to employees.
When compiling the PVTR, the employer must rely on the main sample - the Labor Code of the Russian Federation. He can also prescribe in the document personal requirements, the wishes of the trade union, but if they do not contradict the Labor Code. The STPs are detailed but universal, as they must be applicable to the activities of each worker.