What are the rules of internal labor regulations. Internal labor regulations (pvtr) - what it is, the procedure for registration

The internal labor regulations (PWTR) are a mandatory local regulatory act of the organization. When conducting inspections, the inspectors pay attention not only to the presence of PWTR, but also to their design, content and the procedure for familiarizing employees with them. At the same time, neither their compilation, nor special conditions, nor the content of the Labor Code of the Russian Federation are regulated. In this regard, the organization needs to independently determine the content of the PWTR, taking into account the organizational specifics and characteristics of the economic activity of the organization. We'll tell you how to do it.

Required and optional sections

The internal labor regulations establish the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization (Articles 189, 190 TC RF).

The rules must be developed in accordance with the Labor Code of the Russian Federation and apply to all employees of the enterprise (Articles 15, 56 of the Labor Code of the Russian Federation).

Let's consider in more detail. In accordance with Art. 189 of the Labor Code of the Russian Federation, the PVTR should contain the following sections.

1. General Provisions. This section is intended to identify the main purpose of the internal regulations, discusses the scope of their application, and also explains to whom they apply.

2. The procedure for hiring and dismissing employees. This section indicates the documents that the employer requires when hiring, the conditions for establishing a probationary period and its duration, the procedure for registering an employee for a job. The same section specifies the procedure for formalizing the dismissal of an employee and the grounds for terminating the employment contract.

3. Procedure for the transfer of workers. This section describes the employer's procedure for transferring an employee to another job, the procedure for processing an employee's transfer.

4. Basic rights and obligations of the employer. This section is developed in accordance with Art. 22 of the Labor Code of the Russian Federation. This article regulates the basic rights and obligations of the employer. The section specifies: methods of organizing the work of employees, the procedure for bringing employees to disciplinary and material liability, the procedure for observing labor discipline, guarantees and compensations provided to employees, and other similar issues.

5. Basic rights and obligations of employees. The section is developed in accordance with the provisions of Art. 21 of the Labor Code of the Russian Federation. The section specifies the basic rights and obligations of the employee.

6. Mode of operation, rest time. This section indicates the time of the beginning and end of the working day, the duration of the working day and the working week in accordance with Article 100 of the Labor Code of the Russian Federation. If there are employees with irregular working hours in the organization, a list of positions of employees with irregular working hours can be indicated in the PWTR in accordance with Art. 101 of the Labor Code of the Russian Federation.

The section indicates the time of the lunch break and its duration in accordance with Art. 108 of the Labor Code of the Russian Federation. The procedure for granting days off is indicated in accordance with Art. 111 of the Labor Code of the Russian Federation. When working on a five-day working week, the rules stipulate which day, except Sunday, will be a day off.

In addition, it is necessary to indicate the duration and grounds for granting additional annual paid holidays in accordance with Art. 116 of the Labor Code of the Russian Federation, if any.

7. Procedure for remuneration. The section indicates the size, procedure for payment, terms and place of payment of wages in accordance with Art. 136 of the Labor Code of the Russian Federation.

The competence of the employer includes the establishment of specific terms for the payment of wages to employees

The norms of Part 6 of Art. 136 of the Labor Code of the Russian Federation, it is established that the specific terms for the payment of wages (specific dates of the calendar month), as well as the size of parts of wages, are determined by the PVTR, the collective agreement (if any in the organization) or the employment contract. The legislation establishes the equivalence of these documents, therefore, the days of payment of wages can be established in any of those listed in Part 6 of Art. 136 of the Labor Code of the Russian Federation documents.

Important! On October 3, 2016, the amendments made to the labor legislation by Federal Law No. 272-FZ dated 03.06.2016 “On Amendments to Certain Legislative Acts of the Russian Federation on Increasing the Responsibility of Employers for Violations of the Legislation in Part Regarding Remuneration of Labor” came into force. In particular, these amendments establish a deadline for the payment of wages. As before, wages to employees must be paid at least every half a month. At the same time, the specific date for the payment of wages, established by the internal labor regulations, a collective agreement or an employment contract, must be set no later than 15 calendar days from the end of the period for which it was accrued (Article 136 of the Labor Code of the Russian Federation as amended by Law No. 272-FZ) .

In addition, the liability of the employer to the employee has been tightened, fines for violation of labor legislation and the amount of compensation for non-compliance with the terms of payment of earnings have been increased.

8. Incentives for work. In accordance with Article 191 of the Labor Code of the Russian Federation, the section indicates specific types of incentives, for example: announcing gratitude, issuing a bonus, etc.

9. Responsibility of the parties. This section contains the procedure for bringing an employee to disciplinary liability and the procedure for compensation by the employer to the employee of the damage caused.

10. Final provisions. This section regulates the procedure for agreeing and approving the internal labor regulations, as well as making changes to them.

In order not to complicate the use of the PVTR, it is not necessary to rewrite all the provisions of the Labor Code of the Russian Federation into this document. The rules should contain information that reflects the specifics of the particular organization for which they are developed.

Depending on the characteristics of the organization's activities, additional sections may be included. For example, you can provide the following:

- the procedure for sending employees on a business trip, registration and payment of expenses associated with a business trip (can be brought into a separate local regulatory act);

-list of positions with irregular working hours, etc.;

– the procedure for providing employees with additional medical insurance or payment for cellular communications;

- other sections that regulate the requirements for employees and determine the procedure for working in the organization (for example, the access control established in the institution, etc.).

It is unacceptable to establish norms in the PWTR that are contrary to the law and worsen the position of workers in comparison with the Labor Code of the Russian Federation.

What shouldn't be

The violation is the absence of the section “Responsibility of the employee and the employer” in the PWTR, since the Labor Code establishes this condition as a mandatory one (Article 189 of the Labor Code of the Russian Federation).

In the internal labor regulations of the procedure, the passage of a bypass sheet upon dismissal can be fixed. At the same time, taking into account the provisions of art. 84.1 of the Labor Code of the Russian Federation, the issuance of a work book and the final payment on the day of dismissal cannot be made dependent on the presence of all necessary signatures in the bypass sheet.

It happens that local acts of organizations establish such types of punishment as a severe reprimand or a fine. At the same time, the Labor Code defines only three types of disciplinary sanctions: reprimand, reprimand, dismissal (Article 192 of the Labor Code of the Russian Federation). Therefore, the establishment of other types of liability is not allowed.

There should be no violations of the following nature:

- the time of the beginning and end of work, breaks in work is not indicated;

- the duration of the additional vacation is not indicated, or the duration of the main vacation is set to be less than 28 calendar days;

- The dates of payment of wages are not specified.

How to approve

The rules are drawn up on the letterhead of the enterprise, agreed upon by discussion at a meeting of the labor collective, endorsed by a lawyer and approved by the head of the organization. If the PVTR is approved by an unauthorized person, this local act is recognized as invalid and not subject to application.

From Art. 190 of the Labor Code of the Russian Federation it follows that the approval of the internal labor regulations is carried out by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation, and, as a rule, they are an annex to the collective agreement. At present, most often there is no representative body of workers or a trade union in organizations. In this case, in order to comply with the procedure for adopting a local act (Article 8 of the Labor Code of the Russian Federation), it should be marked “As of the date of approval of the internal labor regulations, the institution does not have a representative body of employees.”

The absence of internal labor regulations is a violation of labor legislation, for which the employer may be held administratively liable regardless of the average number of employees.

Please note: an organization for violating labor laws and other regulatory legal acts containing labor rights norms can be held administratively liable and impose a fine on it in the amount of 30,000 to 50,000 rubles; officials are liable in the form of a warning or a fine in the amount of 1000 to 5000 rubles. (Part 1, Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Familiarization of employees

One of the obligations of the employer is to familiarize employees against signature with local regulations adopted in the organization and related to their labor activity (paragraph 10, part 2, article 22, clause 8, article 68 of the Labor Code of the Russian Federation). A new employee must be familiar with the internal labor regulations before signing an employment contract (Article 68, Clause 8, Article 86 of the Labor Code of the Russian Federation). In practice, there are often cases when the PWTR is approved, placed in a public place, but the employer cannot confirm the fact that employees are familiar with the document, and meanwhile, if the employee is not familiar with the internal labor regulations, the company faces the same fine as for their absence (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

There are several ways to confirm the fact that employees are familiar with local acts:

– with the help of familiarization sheets, which are filed to the PVTR. They must indicate his last name, first name, patronymic and the date of familiarization. Such a sheet is attached to the local regulatory act, numbered, stitched and sealed with the seal and signature of the official;

-signature of the employee in the journal of familiarization of employees with local regulations. Unlike the familiarization sheet, this magazine provides for the possibility of familiarizing employees with several local regulations;

- the signature of the employee on the familiarization sheet, which is an annex to the employment contract (or at the end of the employment contract, a note is made about familiarization with the PVTR and other local regulations).

The employer can choose the method of familiarization convenient for him. To confirm that the familiarization took place before the signing of the employment contract, we recommend using the phrase “Before signing the employment contract, the employee is familiar with the following local acts”, the following is a list of acts.

The organization can provide in the PWTR the basic norms and rules of behavior for employees, including the obligation to show courtesy, respect in relations with colleagues and other persons (visitors, customers, etc.).

As pointed out by the Plenum of the Armed Forces of the Russian Federation in clause 35 of Resolution No. 2 of March 17, 2004, a disciplinary offense can be considered failure to perform labor duties or improper performance due to the fault of an employee of the labor duties assigned to him (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc.).

Therefore, PWTR is needed not only for the labor inspectorate and other regulatory authorities in order to avoid fines, but also for the employer himself as a document aimed at maintaining and strengthening labor discipline. The main goal of the employer when adopting internal labor regulations should be to protect the rights of both employees and the organization. With proper drafting of the document, it will become a tool for regulating the labor discipline of employees.

Please note that from January 1, 2017, the amendments made to the Labor Code of the Russian Federation by Federal Law No. 348-FZ dated 03.07.2016 “On Amendments to the Labor Code of the Russian Federation with regard to the peculiarities of regulating the labor of persons working for employers - small business entities” come into force. entrepreneurship classified as micro-enterprises”, according to which employers - small businesses that are classified as micro-enterprises, have the right to refuse, in whole or in part, from the adoption of local regulations containing labor law norms (including internal labor regulations, provisions on remuneration and etc.). In this case, the organization will have to include in employment contracts with employees the conditions governing labor law issues, which, according to labor legislation, should be determined by local regulations (Chapter 48.1 of the Labor Code of the Russian Federation “Peculiarities of regulating the labor of persons working for employers - small businesses that are classified as microenterprises).

The internal labor regulations (PWTR) are the most important regulatory act that every employer must have. It is the Rules that determine the work and rest schedule of personnel, the procedure for employment, transfer and dismissal of employees, the types of incentives used, liability for violation of labor discipline and other aspects of the internal life of the company. The absence of such a document will certainly cause claims from the regulatory authorities.

A new employee, recently accepted into the company, will definitely have a lot of organizational questions:

• What time should I come to work and how long is my lunch break?
• Does the company pay for mobile communication services, does it provide company transport?
• What is the procedure for vacation?
• Are there bonuses for outstanding performance, and if so, what are the conditions for receiving monetary rewards?

The internal labor regulations are a useful document in all respects, designed to answer, if not all, then many questions of a beginner.

Normative basis of internal labor regulations

When getting a job, the employee undertakes, among other things, to also comply with the internal labor regulations approved by the employer (it is important to familiarize the staff with local regulations before signing the contract - such an employment procedure is provided for by the legislator for a reason). The activity of any organization in which employees work involves the compilation of a set of such rules that are not advisory, but mandatory.

It is necessary to take care of the development of PVTR from the first days of the company's existence. The basis of the document is not only legal, but also ethical, technological, coordination and other norms, the application of which the employer considers appropriate. Of course, it is necessary to make sure that none of the applicable rules of conduct at work contradicts the current labor law norms.

Internal labor regulations: form and content

The labor schedule (and to a large extent the productivity of the staff) is determined by the Internal Labor Regulations (Article 189 of the Labor Code of the Russian Federation), therefore, the procedure for compiling them should be taken seriously. The legislator does not particularly specify the requirements for the content of the PWTR, giving the employer a certain freedom of action.

Internal labor regulations. Fragment

Rules should be developed and implemented taking into account the scope of economic activity and other specific features of the company. When working on a draft document, it is recommended to refer to section VIII of the Labor Code of the Russian Federation (“Labor regulations and labor discipline”). The design must comply with the general requirements of GOST R.6.30-2003, since the PVTR belong to the category of organizational and administrative documentation: they can be published separately or made an annex to the collective agreement.

The standard model of the Rules consists of several thematic sections:

• general provisions (scope of the rules, conditions for their revision, etc.)
• the rights and obligations of the employer (creating safe working conditions at the enterprise, monitoring compliance with labor discipline, providing personnel with certain guarantees and compensations);
• the rights and obligations of employees (observance of discipline and production subordination, keeping the workplace clean, conscientious work, careful attitude to equipment);
• order , transfer and dismissal with a list of documents required for employment, information on the duration and conditions of the probationary period, a description of the standard procedure for transferring or dismissing an employee, etc.;
• working hours indicating the exact duration of the working day or shift, working week, lunch break, weekends and holidays;
• reward system (here you should indicate all types of rewards used by the employer for success in work, for example, bonuses, awarding titles, awarding valuable gifts);
• responsibility for violation of discipline with a detailed description of the procedure in which the types of disciplinary sanctions applied by the employer are assigned and removed.

Question from practice

How to draw up internal labor regulations?

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina
Deputy Director of the Department of Medical Education and Personnel Policy in Health Care of the Ministry of Health of Russia

Fix in the Internal Labor Regulations (IRTR) the basic rights and obligations of the employer, the procedure for hiring, transferring and dismissing employees, working hours and rest periods, and other mandatory provisions. If you do not include these provisions in the document, the labor inspector will fine the organization and the director. For more information on how to properly fill out the PVTR, read our recommendation.

Conduct an express check of your PWTR using our service. It will show which sections and information are missing in the local act ...

Ask your question to the experts

Important: when compiling the section “Rights and obligations of the employer”, one should be guided by the provisions of article 22 of the Labor Code of the Russian Federation, when working on the section “Rights and obligations of employees” - article 21 of the Labor Code of the Russian Federation. When prescribing the regime of work and rest of personnel, do not lose sight of the requirements of Articles 100, 108, 109, 111 and 116 of the Labor Code of the Russian Federation.

Internal labor regulations. Fragment #2

You can devote separate sections to the principles of granting and processing various types of leave, , transfers to another job and other moments that inevitably arise in the process of interaction between the parties to the employment contract. If the state provides positions with irregular working hours or special working conditions, indicate the list of such positions and list the guarantees that are provided to employees who hold them. The more detailed the specifics of a particular organization are reflected in the Rules, the more fully the range of typical situations that arise during the work process is covered, the better.

But this does not mean that it is necessary to completely rewrite the Labor Code, overloading the document of practical importance with unnecessary formalities. It is better to focus on the specifics related to the specifics of the company’s work, and, as necessary, briefly refer to legal norms common to all employers or local documents (Regulation on remuneration, Rules for using the Internet, Code of corporate ethics, Regulations on personnel, etc.) .

Is it necessary to reflect the mode of work and rest of certain categories of workers?

The general norms of work and rest in force at the enterprise are unequivocally subject to inclusion in the PWTR. But what if the organization employs different categories of workers (including disabled people or minors)? Is it necessary to prescribe in detail the schedule of their work, if it differs from the standard one? To date, the position of the Ministry of Labor and the courts on this matter is unequivocal: the absence in the Rules of information on the working hours and duration of vacation for certain categories of workers is considered a violation of the law only if this information is not included in the employment contract. If, however, in the contract concluded with an employee who belongs to a special category, all the nuances of the working regime are spelled out (increased vacation time, start and end times of the working day, additional breaks) in accordance with Article 100 of the Labor Code of the Russian Federation, it is not at all possible to duplicate information in the Rules necessarily - this is the right of the employer, which he can use if he wishes.

How to develop and agree on the internal labor regulations of the organization?

A logical question arises: who should be involved in the development of the Internal Labor Regulations? If we are talking about a large company that has a legal department in its structure, the development of a PWTR is usually entrusted to its employees. In the absence of a full-time lawyer, you can involve an external specialist to work on local regulatory documentation or use a standard template, editing it to meet the urgent needs of the employer. The finished document must be agreed with representatives of the trade union organization, if the enterprise has one, and certified by the head (Article 190 of the Labor Code of the Russian Federation).

Drawing up an order on the approval of the internal labor regulations

For a document to become valid, it must first be approved. The director of the company issues an order that enacts a local regulatory act, in this case, the Internal Labor Regulations. If the organization has letterheads, it is better to use them.

In any case, the order must contain a serial number and mandatory details:

• the full name of the company, indicating the legal form;
• legal address of the employer;
• date of entry into force of the Rules (in numbers and words);
• the period during which the PWTR must be replicated and handed over to employees for review;
• Name of the employee responsible for replication (for example, the head of the personnel department);
• Full name of the employee who controls the process of executing the order;
• Full name of the head of the organization and his personal signature;
• date of issuance of the order.

If the document has been approved by the representative of the trade union, the head of the personnel department, the head of the legal service and other officials, the order provides an additional place for signatures.

Validity period of the PVTR

Since the law does not limit the duration of the Rules, the employer has nothing to worry about: he has the right to independently determine the duration of their application. Like others , PVTR cease their action:

after the expiration of the period specified in the approval;

in case of cancellation or recognition as invalid (for example, after the entry into force of new Rules that automatically cancel the previous ones);

in connection with the entry into force of a law or other regulatory act that establishes a higher level of guarantees to employees compared to the PWTR.

In most cases, the validity of documents of this kind is not limited in any way, and they are revised only as necessary - for example, after changing the operating mode of the organization or when new positions appear in the staff list that provide for special working conditions or additional guarantees to employees.

But if you need to limit the validity period of the PWTR, you can do this by the same order by which they are put into effect - just add the appropriate clause to the text of the administrative document. True, this rule applies only to individual local acts that have independent significance. The rules approved as an annex to the collective agreement lose their relevance simultaneously with it.

Making changes to the PVTR

Sometimes there is a need to revise and update local regulatory documentation, and the Internal Labor Regulations are no exception. The transition of an enterprise to a new mode of operation, the modernization of production technologies, the emergence of new divisions and other changes in the work of the company may serve as the basis for editing the previously approved version of the Rules.

The work on the change project can be entrusted to one competent specialist or an entire working group created on the basis of the legal or human resources department. The finished project is approved by the decision of the head of the company, for this it is enough to issue an appropriate order, drawn up in any form. If, however, an elected body representing the interests of employees functions at the enterprise, all upcoming changes in the PWTR must first be agreed with it, with the exception of cases when the document is drawn up in the form of an annex to the collective agreement (then the procedure takes place in accordance with Article 44 of the Labor Code of the Russian Federation).

The trade union is obliged to prepare a reasoned resolution on the project within five working days from the date of its receipt (Article 372 of the Labor Code of the Russian Federation). What to do if the representatives of the trade union categorically do not approve of the changes proposed by the employer? There are not so many options: you can make concessions and agree with the opinion of the trade union so as not to stop the process, or spend time on additional consultations and develop a compromise that suits both parties.

After making all the planned changes, it should be signed with the new edition of the Internal Labor Regulations. The document is brought to the attention of regular staff in a planned manner, and new employees get acquainted with its content in the process of employment.

Order on the introduction and approval of a new edition of the Internal Regulations

Is it possible to apply the old internal labor regulations in a new company formed as a result of reorganization?

An enterprise can be compared to a living organism, which, as it grows and develops, goes through several different stages. For some companies, one of the final stages of development is reorganization - the process of creating one or more new enterprises with the simultaneous termination of the former legal entity. The activity of the company formed in the process of reorganization begins with a clean slate, but this does not mean that the previous Internal Labor Regulations must be abolished and replaced with new ones without fail.

Practical situation

What errors in the PWTR will the inspector pay attention to first of all?

The answer was prepared jointly with the editors of the journal " »

Answered by Andrey BEREZHNOV,
lawyer Balashova Legal Consultants (Moscow)

The Labor Code defines the conditions that need to be included in the internal labor regulations (hereinafter - PVTR). However, employers, labor inspectors and courts interpret them differently. Inaccurate wording causes errors for which the GIT holds the employer liable.

Inspectors first check the order in which the employer has adopted the internal labor regulations, and then the content. Therefore, if the company has a trade union, take into account its opinion ( ). GIT will check:

In each specific case, it is necessary to objectively assess the real state of affairs - if the activity that the company plans to engage in does not differ much from the activities of its predecessor, most of the existing rules can be safely used in compiling new PWTR. Perhaps only a few edits or improvements are needed. But if we are talking about an enterprise that has chosen a completely different type of activity (which implies a radical change in the mode of operation and principles of interaction with employees), it is better to develop a document from scratch that fully meets the needs of the newly-fledged company.

The desire to save time and effort by mindlessly copying the sample Rules at your disposal can eventually turn into numerous problems for the employer. It must be understood that a really working document is much more useful than one drawn up “for show”, since it clearly regulates the workflow, informs employees about their rights and obligations, and prevents possible conflicts.

To create a friendly atmosphere and strengthen discipline in the team, you can add clauses to the Rules on the need to correctly address colleagues, the importance of efficient use of working time, the procedure for coordinating absences from the workplace with the immediate supervisor, the rules of communication with customers and partners of the company. So far, unfortunately, in many organizations, PWTRs are of a formal nature and serve only to be presented to the inspector during the next inspection.

Is the employee entitled to ignore the provisions of the PWTR?

The Internal Labor Regulations apply to all employees - the corresponding norm is contained in the legislative definition of the concept of "employment contract" (Article 56 of the Labor Code of the Russian Federation). Observing the principles of interaction established by the employer during the work process, the team acts in concert. Thus, a certain balance is achieved, allowing joint efforts to achieve the goal. An employee who does not allow violations of labor discipline:

contributes to the preservation of the property of the company;

does not go beyond the norms of working hours;

monitors the quality of work performed;

complies with labor protection rules.

Violation of the Rules is regarded as a disciplinary act and gives the employer the right to apply a disciplinary measure to the guilty employee - a reprimand, a remark or dismissal (Article 192 of the Labor Code of the Russian Federation). Remember: according to the law, it is possible to demand compliance with the procedure established at the enterprise only from an employee who has confirmed in writing his awareness of the norms of behavior at work. A similar principle applies to disciplinary sanctions: it is impossible to punish a person for violating labor discipline who, when hiring, was not familiarized with the PWTR.

It is recommended to acquire a special journal in which each employee confirms with a personal signature the fact of familiarization with the PWTR, indicating his position, full name and exact date. Then the violator will not have a chance to escape responsibility, arguing his misconduct with banal ignorance of the rules. In turn, the employer is obliged to create the conditions necessary for the observance of labor discipline in the workplace.

What if the internal labor regulations violate the rights of employees?

Despite the multi-stage and painstaking procedure for agreeing to the PWTR, the final version of the document may contain provisions that lead to a deterioration in the working conditions of personnel in comparison with the legally established standards. There is a ban on the application of such Rules, and persons responsible for their coordination and approval may be held administratively liable. If such a violation is revealed during the inspection, the employer receives an order obliging him to immediately review the items that do not comply with the letter of the law and make corrections to the document.

Some employers allow themselves to lose sight of the fact that the infringement of employees in their legal rights is unacceptable, even if for some reason it is enshrined at the local level. It is possible to improve guaranteed by the legislator. Not a single inspector will prohibit the use of an incentive system that includes incentives not provided for by the Labor Code of the Russian Federation, or overtime pay in a triple, not double amount.

But it is impossible to “lower the bar”, allowing erroneous interpretations of legislative norms or deliberately distorting them. Therefore, any points of the PWTR that go beyond the legal framework - such as a ban on leaving the territory of the enterprise during a lunch break, monetary fines as a disciplinary measure, a reduction in employees' wages during a probationary period - are regarded as a gross offense on the part of the employer. To avoid litigation and claims from the GIT, entrust the review of the Rules to a qualified lawyer.

The use of hired employees by an economic entity requires the organization of their work activities. To do this, it is necessary to form a schedule of their working hours, as well as determine the order of holidays. In addition, the rights and obligations of both parties to the labor agreement are subject to mandatory documentary fixation. This information is subject to coverage in the Internal Labor Regulations (IRTR).

The concept of internal labor regulations, their legal basis

PVTR is a normative act of local significance, which fixes the organization of work activities at the enterprise. That is, the PVTR is a document that regulates the entire labor process within a particular business entity.

Based on the Labor Code of the Russian Federation, in particular, Art. 189 and Art. 190, such a set of rules is developed by the manager of the enterprise or an authorized entity based on a sample of internal labor regulations. At the same time, based on the Decree of the State Standard of the Russian Federation No. 29 of December 30, 1993, PWTR are mandatory for any enterprise. The approval of the internal labor regulations is based on the order of the company's manager.

In Art. 189 of the Labor Code of the Russian Federation fixes important points to be disclosed in the internal labor regulations of the organization. They are:

• the procedure for accepting and dismissing a subject from work;
• rights and obligations of employees and management of the company;
• responsibility of the parties for non-fulfillment of their work duties;
• working day schedule;
• vacation schedule;
• a list of ways to encourage employees;
• a list of violations that will be the basis for applying a disciplinary sanction to the employee;
• any other items on labor issues that management deems necessary for documenting.

The structure of the internal labor regulations

The structure of the internal labor regulations in 2018 is not strictly regulated. However, the most convenient and consistent version of the statement of the rules is as follows:

1. General provisions. It discloses information about the purpose of the current act, its scope, as well as situations in which a revision of the set of rules is possible.
2. The procedure for the admission and procedure for the dismissal of employees of the organization. Displays a list of required papers that an employee must provide when hiring. The algorithm of actions is disclosed if it is necessary to temporarily replace an absent employee (vacation, long-term illness, etc.).
3. Rights and obligations of employees and management of the company.
4. Schedule of working hours and order of holidays. The time limits of one work shift, a lunch break, the number of days off and holidays, as well as a list of positions or employees with an irregular work schedule (subject to the presence of such entities) are reflected.
5. The procedure for calculating and issuing wages.
6. The procedure for holding both parties liable in the event of a disciplinary violation.
7. The procedure for incentive measures applied to employees by decision of the organization's management.
8. Additional items, the presence of which is mandatory, in the opinion of the management.
9. Final provisions.

• the period during which the employee is required to provide sick leave immediately after discharge;
• how long before the planned exit from the decree, the woman must notify the employer;
• whether it is necessary for the employee to perform his labor duties on the day of arrival or departure on a business trip;
• the nuances of transferring the work area to another employee upon dismissal of the current frame;
• the procedure for the responsibility of employees for non-compliance with the internal requirements of the enterprise, for example, for the use of profanity or non-compliance with the dress code.

The structure of the internal labor regulations of the organization is common to all enterprises, despite the different types of activities. The content of the paragraphs will be excellent, based on the specific industry in which the organization operates.

Practice shows that the majority of employers, when developing the PVTR, rely on the PVTR model - the Model Rules, which were enshrined in the Decree of the State Labor Committee No. 213 of 07/20/1984. However, due to the considerable time that has elapsed since the date of this document, some of the provisions of the Model Rules are outdated. This encourages managers to take the initiative and independently determine the additional provisions of the PWTR at their enterprise.

Based on the Labor Code of the Russian Federation, in particular Art. 190, the drafted document must be approved. So, the rules of the internal labor schedule are approved by order.

Prior to the direct approval of the PVTR, the paper must be verified by the manager with the trade union, if there is such a formation in the structure of the company.

Rights and obligations of employees in accordance with the internal labor regulations

In the PWTR, the following duties of the employee are recorded:

1. Conscientiously and honestly carry out their service in the enterprise.
2. In the course of the labor process, be guided by the rules for labor protection, fire safety and observe labor discipline.
3. Maintain order in the workplace in accordance with the requirements of hygienic and sanitary standards.
4. Come to the workplace at the appointed time and leave it also at the time established by the regulations. Use the length of the working day for the direct performance of their work duties.

There are also the following employee rights:

1. Registration or termination of an employment agreement with an employer in the manner prescribed by the legislation of the Russian Federation.
2. Have a workplace equipped with the required functional elements for the full performance of work duties.
3. To be a protected employee of the organization in the context of labor protection and the trade union.
4. Receive regular remuneration for the work performed within the framework of their qualifications and skills.
5. To have the opportunity to receive additional information of a professional nature to improve their own qualifications in the manner prescribed by the Labor Code of the Russian Federation.
6. Protection of labor rights and personal freedoms by legally approved means.
7. Compensation for damage that was caused to the employee in the course of the performance of his labor duties, as well as compensation for moral damage that was received during work.
8. Possibility of social and medical insurance.

Recommendations for the design of internal labor regulations

PVTR in 2018 do not have a clearly regulated form. Therefore, the head has the right to use the free form of the document.

The legally correct registration of the PVTR requires the presence of certain details. These include:

• the full name of the company, as well as the generally accepted abbreviation or abbreviation;
• the name of the document being compiled;
• all the details of the document on the basis of which the PVTR is approved;
• consecutive numbering of each page of the act.

When there are annexes to the main text of the rules, it is necessary to adhere to the following recommendations for their design:

• appendices are a continuation of the main text. This means that they are recognized as an integral part of the document;
• it is necessary to indicate the full name of the application, as well as full and abbreviated details of the document to which they are an addition;
• the number of application pages corresponds to the numbering order of the main text, that is, the numbering of the entire document is continuous.

When approving the internal labor regulations, their firmware and company stamp is not a mandatory procedure. Failure to do so is not a violation.

The only mandatory requirement for drawing up the employer's internal labor regulations is to familiarize the employee with this document at the stage of employment. This provision is enshrined in the Labor Code of the Russian Federation, namely, in Art. 68.

Familiarization with the PVTR is recorded by the personal signature of the subordinate. It must be entered in a special register (if there is one at the enterprise) or the employee must personally write a receipt on familiarization with the document and consent to the performance of these duties. When making changes to the internal labor regulations, the signature of each employee on re-acquaintance is also required.

Responsibility for violation of internal labor regulations

The absence of this act at the enterprise is an offense. Based on the Code of Administrative Offenses, namely, on Art. 5/27, the absence of a PVTR and / or an order for a PVTR entails administrative responsibility. It can appear in the following forms:

• verbal or written warning from government officials;
• accrual of a company fine in the amount of 70,000 rubles.

In addition, the lack of PWTR entails possible difficulties in resolving controversial issues of conflicts that arise between the employer and the employee. In the event of a conflict situation, the employee may refer to his lack of awareness about the organization of labor. This argument can become decisive in the event of a lawsuit if a particular employee was fired for violation of labor duties. This case is especially common when changes were made to the PVTR, but the employee’s re-signature is not listed anywhere.

The requirement for an employee to perform their labor duties in accordance with local regulations is enshrined in the Labor Code of the Russian Federation, Art. 21.

Violation of the STRP by an employee may entail the following liability for him:

• disciplinary sanctions, which, in case of especially malicious violations, can develop into dismissal;
• the use of financial leverage (deprivation of bonuses).

The official imposition of a fine is an extremely complex procedure, which, in many practical cases, is illegal. Often, the management of the enterprise prefers to use the reduction in employee bonuses as a penalty. At the same time, an official paper on the accrual of such a fine is not drawn up and is an oral verdict of the manager.

In accordance with the complexity of the offense committed, the head has the right to combine penalties and apply several punitive measures to the offender at once.

Among other things, the head, based on Art. 193 of the Labor Code of the Russian Federation, is obliged to request from the employee a written explanation of his actions and only upon receipt of an explanatory note draw up a regulatory paper on holding the employee liable.

The nuances of the internal labor regulations

This document is compiled on the basis of the PWTR sample and is valid for a long time, in accordance with the period of the enterprise's activities. Due to its long-term nature, at a certain stage of its existence, the document will need to be finalized and corrected.

Thus, amendments to the PVTR in 2018 are formalized by a memo addressed to the company's management staff. On this basis, the head draws up an act where responsible persons are appointed for the preparation of a new set of rules.

Since the process of making adjustments to this document is not regulated anywhere, it is strongly recommended to follow the same procedure as in the initial drafting of the set of rules.

It is important to remember that when any changes are made to the PWTR, it becomes necessary to issue a new order on the PWTR, as well as familiarize all employees with the new rules.

Thus, the internal labor regulations are a mandatory document for the enterprise. It is compiled by the head or a person authorized by the management. In order to correctly draw up a document, it is recommended to use a sample of internal labor regulations. The absence of a PWTR leads to uncoordinated work and, in the event of a conflict, the absence of an evidence base for the correctness of any of the parties.

In this article, we will consider how to correctly draw up and approve the internal labor regulations, how to apply them. Let's look at the mistakes that employers make. And, in addition, we will provide a sample of the internal labor regulations.

The internal labor regulations (hereinafter referred to as the ITR) are a mandatory local regulatory act of the company, regardless of its organizational and legal form and number (,). This is one of those documents that the labor inspectorate requests during the inspection in the first place, and the inspectors pay attention not only to the existence of rules, but also to their design, content and the procedure for familiarizing themselves with employees. Consider how to properly compose, approve and apply them; Let's look at the mistakes that employers make.

Approval of the internal labor regulations and familiarization with them

Error 1

Lack of internal labor regulations. Despite the fact that it is imperative and obliges all employers to approve the internal labor regulations, one of the common mistakes is the absence of this local act. This violation is especially common in small companies, such employers believe that the internal labor regulations are not mandatory for them due to their small number. But this opinion is erroneous, for the lack of internal labor regulations, the employer can be held administratively liable (), regardless of the average number of employees. I would like to note that, perhaps, in the near future, micro-enterprises will be relieved of the obligation to draw up internal labor regulations: the Ministry of Labor of Russia has developed a draft law (draft Federal Law "On Amendments to the Labor Code of the Russian Federation (regarding the specifics of regulating the labor of persons working at micro-enterprises) "(prepared by the Ministry of Labor of Russia on September 14, 2015)), under which legal entities and individual entrepreneurs with up to 15 people) will be able to refuse to approve local regulations. But the bill has not yet been adopted, and the employer cannot currently use it.

Mistake 2

Approval by an unauthorized person. To determine the procedure for approving the internal labor regulations, it is necessary to refer to the charter, it is in the charter of the company that it is written to whose competence the approval of local acts is assigned. Analyzing the practice of conducting a personnel audit, we can conclude that in many companies the internal labor regulations are not approved properly. By the charter, the approval of local acts is referred to the competence of the general meeting of the company's participants, and in fact the document bears the signature of the general director. This error bears the risk of recognizing local acts as invalid and unenforceable. Therefore, it is worth checking the bylaws. If the charter, for example, states that the competence of the general meeting of participants in the company includes the approval (adoption) of documents regulating the internal activities of the company (internal documents of the company), then the internal labor regulations cannot be approved by the general director.

Mistake 3

The absence of a mark on the consideration of the opinion of the representative body of employees. The approval of the internal labor regulations is carried out by the employer, taking into account the opinion of the representative body of employees (). The procedure for taking into account the opinion is given in, in accordance with which the PWTR are developed by the employer, then the draft rules developed are sent for approval to the representative body of employees and, if there are no objections from the said body, they are approved. But now you rarely see a company that has a representative body of employees or a trade union, in which case, in order to comply with the procedure for adopting a local act (), a note is made on it "As of the date of approval of the internal labor regulations in Romashka LLC, there is no representative body of workers."

Error 4

Employees are not familiar with the internal labor regulations. It is the employer's responsibility to familiarize employees with local regulations (), a new employee must be familiar with the internal labor regulations before signing an employment contract (). In practice, there are often cases when the PWTR is approved, placed in a public place, but the employer cannot confirm the fact that the employees are familiar with the document, and meanwhile, if the employee is not familiar with the company's internal labor regulations, the same fine will be imposed as for their absence. ().

There are several ways to fix the fact of familiarization with the internal labor regulations:

• on the local act itself (acquaintance sheets are filed to the PVTR, and all employees sign on these sheets in the order in which they were hired);
• in the familiarization log (the employer starts special familiarization logs, and employees also sign in them in the order of hiring);
• on separate familiarization sheets for each employee (such a sheet contains a complete list of local acts with which the employee is familiar, the fact of which he confirms with a signature in front of each);
• in the employment contract (at the end of the employment contract, a note is made about familiarization with the PVTR and other local regulations with their exact names).

The employer can choose the method of familiarization that is convenient for him. To confirm that the familiarization took place before the signing of the employment contract, we recommend using the phrase "Before signing the employment contract, the employee is familiar with the following local acts", the following is a list of acts.

The composition and structure of the internal labor regulations

In accordance with the Labor Code (), the rules should contain the following sections:

• general provisions;
• the procedure for hiring and dismissing employees;
• rights and obligations of the employee and the employer;
• responsibility of the employee and the employer;
• working hours, rest time;
• the procedure for remuneration of labor (amount, procedure for payment, terms and place of payment);
• incentives and penalties applied to employees;
• final provisions.

Also, in accordance with the specifics of the company's activities, the following are mandatory for inclusion in the internal labor regulations:

• the procedure for maintaining the summarized accounting of working time;
• the procedure and terms for familiarization with work schedules or shifts;
• a list of positions with irregular working hours (can be displayed in a separate local regulatory act);
• duration of additional leave;
• cases, duration and procedure for granting special breaks for heating and rest;
• a list of jobs where, due to working conditions, it is impossible to provide breaks for rest and meals;
• the procedure for sending employees on a business trip, registration and payment of expenses associated with a business trip (can be brought into a separate local regulatory act);
• the amount and procedure for reimbursement of expenses associated with business trips of employees who are assigned the traveling nature of work or work on the road, as well as a list of such positions (can be displayed in a separate local regulatory act).

Mistake 5

The internal labor regulations are of a formal nature. The mistake of many employers is that they draw up a PWTR for the labor inspectorate and other regulatory bodies in order to avoid fines. But the employer, first of all, should be interested in the adoption of this document, since this is the main tool of the employer, designed to support and strengthen labor discipline, as well as to consolidate the rules established in the company.

In addition to the above, the employer has the right to include other sections in the PWTR. For example, you can provide the following.

• Procedure for conducting video surveillance. If video cameras are installed on the territory of the company, then in the internal labor regulations it is necessary to justify the reasons for their presence, for example, video cameras at the checkpoint can be installed in order to control the timely arrival at work, leaving work, returning from lunch break.
• The procedure for providing employees with additional medical insurance or payment for cellular communications. Companies often provide workers with voluntary medical insurance policies or pay for their cell phone costs. In order to avoid disputes, it is worth fixing this procedure in the PVTR (when an employee becomes entitled to VHI, what level of insurance is due to a certain category of employees, which employees are paid for cellular communications, what limits are set for cellular communications and other issues). Also, the inclusion of this condition in the PVTR is necessary for the recognition of the cost of VMI and cellular communication in income tax expenses.
• Dress code rules. In many companies, this issue is relevant. If this provision is included in the internal labor regulations, then compliance with the dress code will become the responsibility of the employee.
• Other sections that regulate the requirements for employees and determine the procedure for working in the company (the procedure for passing the probationary period, the access control established in the company, the procedure for observing trade secrets, etc.).

EXAMPLE

While developing the internal labor regulations for the company, a client requested that the internal labor regulations include a condition that the employee is responsible for installing an unlicensed program on the work computer. For the client, the issue was very relevant, as information security left much to be desired. One of the sections of the developed internal labor regulations was devoted to the procedure for working with a personal computer and the prohibition of installing any software without the written consent of the general director of the company, drawn up in two copies for each party.

Mistake 6

Establishment in the rules of the internal labor regulations of norms that contradict the law. When compiling the PWTR, it must be remembered that the rules should not contradict the current legislation and worsen the position of workers in comparison with the Labor Code.

Common violations of internal labor regulations

When conducting a personnel audit, the rules of internal labor regulations are checked without fail. Here is a list of violations that are identified.

Requirement of additional documents.

Establishment as a mandatory document provided by an employee when hiring, a certificate of registration with a tax authority (TIN), marriage, etc. The list of documents that an employee must provide when hiring is established, and require him Documents not included in this article are prohibited.

Check for a criminal record or administrative offenses.

In accordance with the requirements of the law (), a certificate of criminal record is provided when applying for a job related to activities that are not allowed for persons who have or had a criminal record, who are or have been subject to criminal prosecution. If there is no such category of employees in the company, then it is illegal to check applicants and employees. We also note that information about the presence of a criminal record and administrative offenses is not public information and the employer cannot access it legally.

The absence of the section "Responsibility of the employee and the employer."

Very often, the PVTR does not contain this section, which is a violation, since the Labor Code establishes this condition as a mandatory one ().

If the employee has not passed the bypass sheet, then the calculation with him is not made.

It seems possible to fix the procedure for passing a bypass sheet upon dismissal in the internal labor regulations, but it is prohibited to make the issuance of the final payment on the day of dismissal dependent on the presence of all the necessary signatures in the bypass sheet ().

Establishment in the internal labor regulations of non-existent types of disciplinary sanctions.

Very often in the local acts of companies there are such types of punishment as a severe reprimand or a fine. The Labor Code establishes only three types of disciplinary sanctions - remark, reprimand, dismissal (), the unauthorized establishment of other types of penalties is an offense.

Establishing a ban on part-time work or doing business.

The employee has the right to engage in any type of activity (work part-time or run his own business) in his spare time, the employer is not entitled to establish a ban.

The following violations also occur:

• the time of the beginning and end of work, breaks in work is not indicated;
• the timing of familiarization with the work schedules on the watch is less than established by the Labor Code ();
• the procedure for maintaining the summarized accounting of working hours is not prescribed;
• the obligation of the employee to divide the vacation into parts is strictly 14, 7 and 7 days;
• the duration of the additional vacation is not indicated or the duration of the main vacation is set to be less than 28 calendar days;
• pay dates are not specified.

The main goal of the employer when adopting internal labor regulations should be to protect the rights of both employees and the company. With proper drafting of the document, it will become a tool for regulating the labor discipline of employees.

Aida Ibragimova, Head of Human Resources KSK Group

One of the documents regulating labor relations with the employer (in accordance with the law) is the internal labor regulations (PWTR). For example, with the help of rules, the organization determines the labor regime, internal work schedule, the procedure for applying incentives and penalties to employees, establishes the rights, obligations and responsibilities of the parties, as well as other working conditions.

PVTR are developed and compiled by the organization independently (based on the specifics of work) by the personnel or legal service of the enterprise and may be an annex to the collective agreement. There is a regulatory framework that helps in the development of PWTR. Since this document refers to organizational and administrative, its execution is regulated by the requirements established by GOST R 6.30-2003.

Usually, the title page to the internal regulations is not drawn up. The first sheet of rules should contain a heading with the image of the logo, the full name of the organization (in some cases, it is allowed to indicate the abbreviated name if it is enshrined in the charter), as well as the title of the document - in capital letters. If the developed labor regulations are an annex to the collective agreement, then a corresponding mark is made at the top.

In the upper right corner, the stamp of approval of the rules is drawn up. For example, I APPROVE General Director Full name Date of.

The date of drawing up the rules is the date of their approval.

Let us remind you once again that the PWTR should reflect the specifics of the organization's work and identify as many typical situations as possible that arise in the course of work.

It is forbidden to prescribe conditions that worsen the position of employees in the internal rules.

The developed set of rules must necessarily go through the stage of coordination with other departments of the organization, as well as with representatives of the trade union committee, and only after that they are approved by the head.

It is necessary to familiarize all employees with the approved schedule against receipt. Thus, the organization's PWTR should be posted in a conspicuous place and available for reading at any time.

The content of the PWTR is usually developed on the basis of documents regulating the activities of an enterprise in the field of human resource management, as well as model (exemplary) rules. Recommended document structure:

1. General provisions- the purpose of the rules and their application, to whom they apply, in which cases they are revised and other general information.
2. The procedure for hiring and dismissing employees- a description of the procedure for registering the admission and dismissal of employees, the actions of the organization when transferring an employee to another job, the conditions and duration of the probationary period, a list of required documents.
3. Basic rights and obligations of employees(based on Article 21 of the Labor Code of the Russian Federation).
4. Basic rights and obligations of the employer(based on Article 22 of the Labor Code of the Russian Federation).
5. Work time- the time of the beginning and end of the working day (shift), the duration of the working day (shift) and the working week, the number of shifts per day; a list of positions of employees with irregular working hours, if any; place and date of payment of wages.
6. Time relax- the time of the lunch break and its duration; special breaks for certain categories of workers (for example, loaders, janitors, builders working outdoors during the cold season), as well as a list of jobs in which they are employed; days off (if the organization works on a five-day working week, then the rules should indicate which day, except Sunday, will be a day off); the duration and grounds for granting additional annual paid leave.
7. - the procedure for applying measures of moral and material incentives.
8. Responsibility of employees for violation of discipline- a description of the procedure for applying disciplinary measures, types of penalties and specific violations of labor discipline that may result in punishment.
9. Final provisions- includes clauses on the mandatory implementation of the rules and the procedure for resolving disputes over labor relations.