Taking personnel work organization, in accordance with the requirements of the law, is obliged to sign him, first of all, the individual labor contract.But it is not only the obligation of the company.Another important document relating to labor relations employers and employees - internal regulations.What it is?How to make it right?
What are the internal regulations of employees of organizations?According to popular definition, their essence is to create internal corporate sources of rules that govern how the company (or government agency) hires employees, dismiss them, defines the rights and obligations of each party under the labor contracts and other matters reflectingaspects of the interaction of the worker and the employer.
Such as, for example, mode of operation, the schedule of rest, the system of remuneration for work.Internal regulations of the enterprise developed companies or government agencies alone, but in close correlation with the adopted state standards.Such as, fo
What are these rules?
Actually, the purpose for which organizations need to create internal regulations?Schools and other state and municipal institutions in this sense can be considered equated to private companies?In the Russian legal science prevalent view is that the relevant document should be drawn up by all types of organizations that employ people.The founder - the state, municipality, private person or group thereof - does not matter.The fact is that in the 21 th article of the Labour Code states that among the duties of the employee - to observe the internal regulations of the enterprise.Thus, logically marked by legal act, the relevant document should be created in the company.
may also be noted that the employment contract - an individual document.The rights in question in turn - a collective.At the same time, none of these sources should not contradict another.
Typical internal regulations may be submitted within the following structure.On the first page can be positioned company logo, its name and the title of the document.If the work rules institutions are documents, which, for example, the collective agreement - it is permissible - on the first page of this fact should be noted.Next comes the main text of the document.How exactly, in terms of the wording may appear in this part of the internal regulations?Sample some of the content - the ones that can cause organizations have questions - we will look at later.
One of the important elements of the first page - a mark that they accepted the leadership of the organization.In practice - this is usually, and signature of the director of the collegial body of management of the company, if present, is located in the upper right area of the first page.In some cases, also assumed the coordination of rules with trade union structures.
Consider the structure of the rules below.After the title page, you can create sections, reflecting the general provisions.They usually indicate the purpose for which created internal regulations.PI or small organizations, according to lawyers, sometimes experience difficulty with staff reports expediency design the appropriate instrument because the employees do not always understand why the relevant document, in principle, need.But if all the statements described in literacy - their samples will be discussed further in the article - the specialists will not have to be asking questions.
After the general provisions can reflect the procedures relating to the employment of the job, as well as dismissal, transfer to another position or to another company, the terms of probation.
next component of the structure of the rules - the transfer of key rights and responsibilities of employees.They can be divided into those that are regulated by the Article 21 of the LC RF, as well as those that are reflected in the 22 th.
important components recommended by lawyers for inclusion in the internal regulations, the sample structure which we consider - information about the operation.The relevant section can specify the start time of the basic and additional shifts, as well as their end, the number of labor days a week, their sequence.Sometimes it is appropriate to reflect the list of employees who work in the framework of irregular schedule.Just for information on work mode you can describe what time the company provided rest.Specify the interval for lunch breaks, days off information for different groups of employees and positions.Next - information on holidays, their duration and the legal grounds for their provision.
Then lawyers recommend to place the unit in the rules, reflects the principle of responsibility of employees for certain disciplinary offenses.Here you can describe how and under what rules the company may be subject to disciplinary action measures (or, conversely, to appear) and other penalties.
recommended to open in the internal regulations the aspect of promoting salaried employees.You can specify that for which one or another expert can get financial award, or, for example, thanks to the leadership.
Conclude document may wording of that rule - binding on all employees, as well as mechanisms for solving possible disputes.
Typical work rules, so can be presented in such a structure.Of course, the sequence of placement in the text of certain language may be different.The company can add some provisions that differ from the standard, based on the specific activity.
Despite the fact that there is no such law that would definitely give some guidance on how should be drawn up internal regulations, sample document, some lawyers recommend that organizations adhere to certain criteria considered during the preparation of the source rules.In particular, the rules should present information disclosing the features of the company.Also, some lawyers recommend to include in a document a list of possible scenarios of the employment relationship between the employer and the company-hired employees.In turn, the experts say that the rule is not desirable to include conditions implied in some form or other, deterioration of performance of the employees of their job functions correlative with the provisions of the basic agreement, drawn up in accordance with the requirements of the Labour Code.To place a document should be on a separate stand, which is surveyed with sufficient regularity by most employees.
Correlation rules official regulations
In practice, the Russian labor rights have a term such as "rules official regulations."To what extent it relates to dealt with us?A common point of view: internal regulations administration of the municipal governing body or the structure of state power is more correct to refer to all, using the word "service".That is, in essence, both terms in the present case - the synonyms.The use of any of them will be, experts say, is permissible.However, if you delve into the study of certain legal-related sources, in varying degrees, with the Labour Code, as well as reflecting the specifics of state and municipal services, said the lawyer, a legally correct to use the term "rules of service regulations."Here, by the way, it is possible to trace a distinction as to the applicability of the relevant provision of Article 21 of the LC RF to public and private entities.That is, the first required by law to make rules "official" labor regulations, and second, it turns out - the "internal".
But the essence of the corresponding source, no matter how he was called to remain, in general, similar in both cases.That is, if the internal regulations are approved, for example, the city administration, they will be treated as a local source, published by the Institute of local government, which will regulate the employment of the municipal service, order of dismissal, holidays, promotions and everything aboutas we said above, investigating the structure of the document.Thus, also the language used in the rules as "internal" and "service" routine to be sufficiently similar.
We now turn from theory to practice.Above we said that we study not only the structure, which can be represented by internal regulations.A sample of the document in terms of specific language we were going to see.Do it now.At the same time we study the mechanism of a more detailed structuring of the rules - outlined above, we only common elements.
Content Rules: General
Start with the "general provisions", as the first page of all more or less clear.You can write something like this: internal regulations of the DOW something or say something this company are designed to meet requirements of the Labour Code, federal laws and other normative-legal acts acting on the territory of Russia.Here all sufficiently simple, and at the same time it is clear for the employees.We have noted that the specialists of small companies as well as those designed for the employer in the status of SP, can ask questions about the feasibility of drawing up rules.By means of appropriate formulations, we simply create a document substantiates the need for the law.
Consider the following element of the structure of the rules - section reflects information on hiring and firing employees.
procedure for hiring and firing
structure rules in this section may be presented under the following main points:
- a mechanism of employment;
- requirements documents for candidates for vacancies;
- conditions for admission;
- information on probation;
- grounds for dismissal;
- mechanisms for resolving labor disputes.
note, if you compare compilation document for government organizations and businesses, this section, as a rule, characterized by the highest distinctions.The fact that the legislation governing the admission of people to work in private companies, in a number of formulations is very dissimilar to those provisions that established sources of law in the adoption of citizens to public service.Often this applies, for example, the necessary documents.When hiring in the private structures such usually requires little, when applying for public service - on the contrary.
The next element of the rules - the rights and obligations of employees.
rights and responsibilities of
This section, in turn, can be structured in such items as:
- transfer of the rights of the employee;
- a reflection of the list of actions that employees are not entitled to;
- list of duties of the employee.
Usually these items is sufficient.However, the specific wording here can be quite a lot.In many organizations, especially in those where the new rules are internal labor regulations, and human resource departments may not be at the disposal of the relevant guidelines on drawing up the document, to "rights and obligations" sometimes takes the bulk of the text under consideration the source.So much more could be lists of actions and capabilities of employees.
rights and obligations of the employer
continue to reflect the rights and obligations of the employer.The structure of this section work rules are usually very simple, there are two main points:
- a list of actions that the employer is entitled;
- Acting Company.
The main emphasis in the formulation of the lawyers recommended to put on the provisions outlined in the Labour Code.
much more complex, as many experts believe, could be a section of the rules, reflecting the information on working time and rest.
working time and rest
firms for which considered the wording - a completely new work rules in the study section, according to experts, can load a very large number of the provisions.This, of course, may be due to the specifics of the company.Anyway, this section - one of the largest volume in the document.
It can contain the following items:
- justification of the need for non-normalized plot - if it is necessary in terms of specific activities;
- details on the duration of the standard working day, since its beginning, the end, the lunch break, the fact of the reduction in the hour before the holidays;
- information about the leave granted under the provisions of the Labour Code and other laws, for example, regulating the passage of a state or municipal service;
- rules of individual employees leave on schedule, the timing of the drafting of relevant documents, the reasons for possible deviations from it.
Some lawyers point out that the supervisory authorities involved in the control of Russian companies' activities are compliant with the standards of the labor legislation, particularly close attention to just a list of rules on working time and rest.The thing is that not all companies willing to let people on vacation, also on a strict schedule, and if the rules and regulations relating to such procedures clearly set out in the rules labor regulations, the firm will have less reason to ensure that refusea man in a leave.
Next, consider a component of the document structure as encouragement.
Another important section of the rules - on measures to encourage employees for work.The wording here can be as follows: "For the faithful performance of the duties, the successful solution of problems of high complexity and achieve other internal regulations of the school-so or such and such a company include the following types of incentives: gratitude, incentive payments, delivery of letters."Of course, the appropriate types of awards in the company may be different.
Further, not the easiest section of the document.In many firms barely passes its acceptance and approval.Internal regulations should include provisions reflecting the possible disciplinary action against staff members.Lawyers are three basic measures of the corresponding effects: Remark, reprimand or dismissal.The Rules must be prescribed criteria - what in relation to employees, these measures can be initiated, as well as legal grounds for the implementation of company-employer of certain actions of a disciplinary nature.
These are the basic nuances, reflecting the structure and some of the wording in the document.The composition of its leadership of the company may issue the appropriate order.Work rules in an organization come into force upon their publication among employees.