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Rules of internal labor regulations: a sample document

Taking an employee to work, the organization, in accordance with the requirements of the law, must conclude with him, above all, an individual labor contract. But this is not the only obligation of the firm. Another important document concerning the employment relationship between the employer and the employee is the rules of the internal labor regulations. What is it? How to make it correctly?

About the rules

What are the rules of internal labor regulations for employees of organizations? According to the common definition, their essence lies in the creation of intracorporate sources of norms that regulate the way in which a firm (or a state institution) recruits employees, fires them, determines the rights and obligations of each party within the framework of labor agreements and solves other issues reflecting Aspects of the interaction of the employee and employer.

Such as, for example, the mode of work, the schedule of rest, the system of remuneration for work. The internal labor regulations of the enterprise are developed by firms or state institutions independently, but in correlation with a number of accepted state standards. Such as, for example, GOST 6.30-2003. In this article, we will consider some aspects that reflect the standardization of the corresponding document.

Why do we need these rules?

Actually, for what purpose do organizations need to create rules of internal labor regulations? In this sense, schools and other state and municipal institutions can be considered equal to private companies? In the Russian legal science the view is widespread that the corresponding document should be compiled by all types of organizations that employ people. The founder - the state, the municipality, an individual or a group of such - does not matter. The fact is that in the 21st article of the LC RF it is said that among the duties of an employee is to comply with the rules of internal labor regulations of the enterprise. Thus, according to the logic of the noted legal act, the corresponding document should be created in the firm.

It can also be noted that the employment contract is an individual document. The considered rules, in turn, are collective. At the same time, none of these sources should contradict the other.

Structure of rules

The standard rules of the internal labor regulations can be presented within the framework of the following structure. The first page may contain the company logo, its name, and also the title of the document. If the rules of internal labor regulations of the institution are a document supplementing, for example, a collective agreement - this is permissible - then on the first page this fact should be noted. Next is the main text of the document. How specifically, from the point of view of formulations, can the rules of internal labor regulations appear in this part? A sample of the content of some - those that can cause questions from the organizations - we will consider later.

One of the important elements of the first page is a note that they are accepted by the management of the organization. In practice, this is usually the signature of the director and the collegial management body of the company, if present, located in the upper right area of the first page. In some cases, it is also expected that the rules will be harmonized with trade union structures.

Consider the structure of the rules below. After the title page, you can create sections that reflect general provisions. They usually indicate the purpose with which the rules of the internal labor regulations are created. Individual entrepreneurs or small organizations, as lawyers say, sometimes have difficulty communicating the appropriateness of issuing an appropriate document to employees, since it is not always clear to employees why the corresponding document is, in principle, necessary. But if everything is described in literate formulations, we will consider their samples later in the article-specialists should not have unnecessary questions.

After the general provisions, it is possible to reflect the procedures concerning the admission of employees to work, as well as dismissal, transfer to another position or to another firm, the conditions for passing the probation period.

The next component of the rules structure is the enumeration of key rights and duties of employees. They can be divided into those that are regulated by Article 21 of the LC RF, as well as those that are reflected in the 22nd.

The most important component recommended by lawyers for inclusion in the rules of internal labor regulations, a sample of the structure of which we are considering is information on the operating mode. In the corresponding section, you can specify the start time of the main and additional shifts, as well as their endings, the number of work days a week, their sequence. Sometimes it is appropriate to reflect the list of employees who work within the framework of a non-standard schedule. Right after the information on a mode of work it is possible to describe at what time in the company rest is provided. Specify the intervals for lunch breaks, information about the days off for certain groups and positions of employees. Further - information about the holidays, their duration and legal grounds for their provision.

Further, lawyers recommend placing in the rules a block reflecting the principles of responsibility of employees for certain disciplinary violations. Here it is possible to describe how and in accordance with what norms the company can impose disciplinary sanctions (or, conversely, withdraw) and other penalties.

It is recommended to disclose in the internal regulations such an aspect as the encouragement of hired employees. You can specify what one or another specialist can receive a financial award, or, for example, gratitude from management.

The document can be completed by wording that the rules are mandatory for all employees, as well as mechanisms for resolving possible disputable issues.

The standard rules of internal labor regulations can thus be represented in such a structure. Certainly, the sequence of placement of some formulations in the text of the document may be different. The firm can add certain provisions that differ from the typical ones, based on the specifics of the activity.

Rules requirements

Despite the fact that there is no such law that would unequivocally give some guidance on how the rules of the internal labor regulations should be drafted, a sample of the document, some lawyers recommend that organizations adhere to certain criteria when drafting the source of norms in question. In particular, the rules should include information that reveals the specifics of the company's work. Also, some lawyers recommend including in the document a list of possible scenarios of labor relations between the employer company and hired employees. In turn, experts say that it is undesirable to include in the rules the conditions implying, in one form or another, the deterioration of the conditions for the performance of their labor functions by employees in relation to the provisions of the main contract drawn up in accordance with the requirements of the Labor Code of the Russian Federation. Place the document on a separate stand, which is surveyed with sufficient regularity by the majority of the company's employees.

Correspondence with the rules of service

In the practice of the Russian labor rule there is such a term as "rules of service." To what extent does it relate to what we are considering? The point of view is widespread: the rules of the internal labor regulations of the administration of a municipal government or the structure of state power are most correctly named using the word "official". That is, in fact, both terms in this case are synonyms. The use of any of these will, as experts say, be permissible. However, if you go into the study of some legislative sources related to, to some extent, the RF TC, as well as reflecting the specifics of the state and municipal service, lawyers note, it is more legally correct to use the term "rules of service." Here, by the way, it is possible to trace a certain distinction in the applicability of the corresponding provision of Article 21 of the RF LC to state and private structures. That is, the first law prescribes to formulate rules, the "official" labor order, and the second, it turns out - "internal".

But the essence of the corresponding source, however it is called, will remain, in general, similar in both cases. That is, if the rules of the internal labor regulations are approved, for example, by the city administration, then they will be considered a local source published by the local government institution that will regulate the reception of employees for the municipal service, the procedure for dismissal, leave, incentives and all that Than we said above, by examining the structure of the relevant document. Thus, also the wording used in the rules of both the "internal" and "service" rules will be sufficiently similar.

Let us now turn from theory to practice. Above we said that we will study not only the structure in which the rules of internal labor regulations can be presented. We also planned to consider a sample document in the aspect of concrete formulations. We will do it now. At the same time we will study the mechanism of a more detailed structuring of the rules - above, we have outlined only common points.

Content of the rules: general provisions

Let's start with the "general provisions" section, as the first page is more or less clear. Here you can write about the following: the rules of the internal labor regulations of the DOW of such or such, say, an LLC such and such are designed to comply with the requirements of the Labor Code of the Russian Federation, Federal Laws and other regulations in force in Russia. Here everything is sufficiently simple, and at the same time it is clear for the employees of the firm. We noted above that specialists of small companies, as well as those who are registered with the employer in the status of IP, may be asked questions about the appropriateness of drafting the rules. Through appropriate language, we simply justify the need to create a document by the requirements of the law.

Consider the following element of the structure of the rules - a section that reflects information about the hiring and firing of employees.

The order of hiring and dismissal

The structure of the rules in this section can be presented in the following main points:

- the recruitment mechanism;

- Requirements for documents for candidates for vacancies;

- reception conditions;

- information about the probation period;

- grounds for dismissal;

- mechanisms for resolving labor disputes.

Let's note, if to compare drawing up of the document for the state organizations and business, this section, as a rule, is characterized by the greatest distinctions. The fact is that the legislative norms governing the employment of people in private organizations, in a number of formulations, are very different from those established by the sources of the right to accept citizens for civil service. Often this applies, for example, to the necessary documents. When applying for a job in private structures, it usually takes a few of these, when you enter a civil service - on the contrary.

The next element of the rules is the rights and duties of employees.

Rights and duties of employees

This section, in turn, can be structured under the following items:

- transfer of employee's rights;

- reflection of the list of actions that the employee does not have the right to produce;

- list of duties of the employee.

Usually these items are enough. True, there can be a lot of specific formulations here. In many organizations, especially in those where new rules of the internal labor regulations are created, and the specialists of the personnel service may not have access to the guidelines for drafting the corresponding document, the section "rights and obligations" sometimes takes the bulk of the text of the source in question. So large are the lists of actions and opportunities for employees.

Rights and obligations of the employer

Further, we reflect the rights and obligations of the employer. The structure of this section of the internal labor regulations is usually very simple, there are two main points:

- list of actions that the employer has the right to produce;

- responsibilities of the company.

The main emphasis in wording lawyers recommend to put on the provisions reflected in the LC RF.

Much more complex, according to many experts, there may be a section of rules reflecting information about working time and rest.

Working time and rest

Firms for whom the formulations in question are completely new, the rules of the internal labor order in the section under study, as experts say, can be loaded with a very large number of provisions. This, of course, may be due to the specifics of the company's activities. Anyway, this section is one of the largest in the document.

It may contain the following items:

- justification of the need for a non-standard schedule - if it is necessary from the point of view of the specifics of the activity;

- information on the duration of the standard working day, the time of its beginning, the end, the lunch break, the fact of reduction for an hour before the holidays;

- Information on holidays provided in accordance with the provisions of the Labor Code of the Russian Federation and other laws, for example, regulating the passage of state or municipal service;

- the rules for granting individual employees leave on schedule, the timing of drawing up the relevant document, the reasons for a possible deviation from it.

Some lawyers note that the supervisory bodies that control the Russian companies to ensure compliance with labor law standards pay special attention to the rules section concerning working hours and rest. The thing is that not all companies willingly let people go on holiday, moreover, on a strict schedule, and if the rules and regulations concerning such procedures are clearly stated in the rules of the labor schedule, the firm will have less reason to refuse To a person in giving a vacation.

Next, consider such a component of the structure of the document as incentives.

Promotion

The next important section of the rules is information about measures to reward employees for work. The wording here can be the following: "For conscientious fulfillment of duties, successful solution of tasks of high complexity and other achievements of the internal labor regulations of a school of such or such a kind, the following kinds of rewards are envisaged: gratitude, incentive payments, handing of letters." Of course, the corresponding types of awards in the firm may be different.

Penalties

Further, not the most simple section of the document. In many firms it is difficult to pass its adoption and approval. The rules of internal labor regulations should contain provisions that reflect possible disciplinary actions from employees. Lawyers distinguish three basic measures of the corresponding impact: observation, reprimand or dismissal. The Rules should specify the criteria - for which in relation to the employees, these measures can be initiated, as well as legislative grounds for the implementation by the employer company of any disciplinary actions.

These are the main nuances that reflect the structure and some formulations in the document. Having compiled it, the company's management can issue an appropriate order. The rules of internal labor regulations in the organization come into force upon the fact of their promulgation among employees.

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