Agreements with local regulations c. Requirements for registration of LNA. When to take into account the opinion of the representative body of employees

The system of legal regulation of the activities of organizations consists of legislative, other legal acts and internal documents adopted by the organization itself within the framework of local rule-making, regardless of the form of ownership. In modern legislation, the narrowing of the sphere of state regulation entails the expansion of the sphere of local rule-making.

Organizations have the right to create regulatory framework for their activities, and also install their required number. If the employer is an individual, he approves these acts independently. If the employer is a legal entity, then its local rule-making is carried out through the activities of collegial or individual bodies management of the organization, whose competence includes the relevant powers.

Employer exercising its legislative powers within its jurisdiction established by laws, other regulatory legal acts, a collective agreement, agreements. The content of this competence is indicated in the legislation governing the activities legal entities a certain organizational and legal form (for example, a joint-stock company, a production cooperative, unitary enterprise etc.), as well as in the Charter of a particular organization.

Local acts are issued in the form of orders, decisions, regulations, instructions and rules.

Order- local regulatory (administrative) document, published by the head to solve the main and operational tasks (Appendix 4, 5, 6, 7).

Solution - local act, applied by the general meeting to exercise the right to participate in the management of an organization, enterprise, institution (Appendix 8). Decisions are non-normative.

Position- local action establishing the legal status of the governing body of the organization or the order, procedure, rules, implementation by the organization of any of its powers (Appendix 9, 10).

Instruction- local action establishing the order and manner of something. The instruction is characterized by imperative normative prescriptions (Appendix 11, 12, 13, 14).

Rules- local action governing procedure organizations, basic rights, duties and responsibilities of the parties to the employment contract.

Local regulations should not be confused with organizational and administrative documentation and individual enforcement acts of the employer. From both local normative act is distinguished by at least six features.

1 A local legal act has a volitional content. The content of local acts is the will of the organization or trade union.

2 Intraorganizational character. Local regulations containing labor law norms are only those that regulate labor and directly related relations that develop in this specific organization. In accordance with Art. 13 of the Labor Code of the Russian Federation local regulations of the organization containing the norms labor law operate within this organization. It is in the organization that the development, coordination and adoption of local labor law norms takes place.

3 Dynamism and stability are multidirectional properties. Dynamism means variability, development, and stability, on the contrary, conservatism, stability.

The stability of local legal acts is a necessary condition for ensuring continuous, lasting public relations. A guarantee of stability is their compliance with regulatory legal acts.

4 Local acts are designed for repeated use.

The state gives organizations the right to create their own internal organizational acts. No matter how many employees there are in the organization, a single local act applies to all of them.

5 Local acts are provided by state coercion. However, it should be noted that it often has an indirect and additional character. So, for example, the head of the enterprise can independently decide on the dismissal of an employee, informing trade union body(if the company has one). But if the dismissed employee does not agree with the decision to dismiss and sue, the court will be obliged to investigate all the circumstances of the case. The local legal act will also be subject to verification. If this internal organizational act complies with the law, then the dismissal will be assessed as thorough, lawful. If not, then the reinstatement of the worker will follow. Thus, the state supports legal local acts with the help of its coercive mechanism.

6 Legislation-derived nature means that all local acts arise by direct indication of the law. The law indicates that a local legal act should be adopted on this issue.

Thus, local regulations are documents developed to regulate relations between the management bodies of the organization, the employer and employees in order to establish working conditions by the employer within its competence in accordance with laws and other regulatory legal acts, collective agreements and agreements.

The composition of local regulations that are mandatory for each organization is stated in the Labor Code of the Russian Federation:

Staffing (Article 57 of the Labor Code of the Russian Federation)

Rules of the internal work schedule(Art. 56, 189, 190 of the Labor Code of the Russian Federation)

Documents establishing the procedure for processing personal data of employees, their rights and obligations in this area (clause 8, article 86 of the Labor Code of the Russian Federation)

At shift work each group of workers must work during the established working hours in accordance with the shift schedule (Article 103 of the Labor Code of the Russian Federation)

Vacation schedule (Article 123 of the Labor Code of the Russian Federation)

Along with the local acts expressly provided for by the Labor Code of the Russian Federation, the employer may also adopt other documents containing the rules of law necessary to resolve emerging problems in relations with employees, for example: staff regulations, regulations on structural divisions (departments), job descriptions.

To local acts also include:

Contract with the manager;

Contract with the chief accountant;

job descriptions;

Regulation on labor protection;

The order of acceptance to work;

promotion order;

An order to impose a penalty;

Order on a materially responsible person;

dismissal order;

Fire safety instruction;

travel order;

The above documents may have a different title. The legislator does not regulate this issue, but when developing them, it should be taken into account that in the end they should represent a single system of local regulations of the organization. The list of current local acts of the organization can be reflected in the Nomenclature of Affairs of the enterprise, which in turn is a local act (Appendix 15).

Among the documents regulating labor and other relations directly related to them, the legislator establishes:

Local regulations (Article 8 of the Labor Code of the Russian Federation),

Collective agreement (Article 40 of the Labor Code of the Russian Federation) and collective agreements (Article 45 of the Labor Code of the Russian Federation),

Employment contract (Article 56 of the Labor Code of the Russian Federation).

to local regulations the acts adopted by the employer within its competence and containing the norms of labor law are assigned. Thus, the right of the employer to adopt such acts independently is enshrined in law.

The employer must adopt some local regulations, taking into account the opinion of the representative body of employees, which is provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts. Examples of such acts are the Internal Labor Regulations of the organization (Article 190 of the Labor Code of the Russian Federation), vacation schedules (Article 123 of the Labor Code of the Russian Federation). List of local regulations adopted taking into account the opinion representative body employees, may be supplemented by a collective agreement, industry and other agreements.

Local regulations should not worsen the position of employees in comparison with labor legislation, collective agreements, agreements. If a local normative act worsens the position of employees, then it is invalid. Also invalid is a local normative act adopted without observing the procedure for taking into account the opinion of the representative body of employees provided for by the Labor Code of the Russian Federation. If there is no representative body of employees in the organization, then in this case the employer, through collective (with the participation of employees) and individual agreements (with the participation of a representative of employees), establishes and agrees on working conditions. If a local normative act is invalid, then laws or other local normative acts containing labor law norms are applied (Article 8 of the Labor Code of the Russian Federation).

In accordance with Article 68, paragraph 3 of the Labor Code of the Russian Federation, the employer, when hiring, is obliged to familiarize the employee with the local regulations related to labor function worker.

Employees of the personnel, legal and other departments should be involved in the development of local regulations. Operating in the organization local norms significantly affect the taxation of the organization, therefore, the financial services of the organization should also participate in the development of local regulations.

Often in organizations, the procedure for the development, approval and entry into force of local regulations is regulated by separate document approved supreme body organization management. An example of such a provision is presented in Appendices 16, 17.

The State Labor Inspectorate of the Russian Federation, when inspecting an organization, checks the existence and procedure for maintaining personnel documentation. For violation labor law Penal sanctions may be imposed on the head of the organization.

Some relationships between employer and employee may not be settled. This, in turn, can lead to conflict situations between employees of the organization and the employer.

Consider some types of local regulations adopted in organizations.

Local regulatory legal acts belong to the category legal sources rights standing on lowest level legal hierarchy. They have a limited scope and must not be contrary to laws and other by-laws.

Local regulations - documents containing labor law norms, which are adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements. Local regulations adopted by the employer apply to employees this enterprise regardless of where they perform their work. 13 of the Labor Code of the Russian Federation.

The most important acts are a collective agreement and an agreement on labor protection, which provide for familiarization of employees with the requirements of labor protection, the implementation of mandatory medical examinations etc.

Among the most important acts are instructions on labor protection, which contain information about working conditions in the workplace, about existing risk damage to health, rules of protection from exposure to harmful and hazardous production factors.

The current labor legislation regulates in detail the procedure for the development and adoption of local regulations. This is especially true for collective agreements, which become a kind of codes within specific organizations.

A collective agreement is one of the forms of local lawmaking carried out in order to establish autonomous system working conditions in organizations and increase its efficiency.

Instruction on labor protection - a local regulatory act that establishes specific duties of employees of the organization to comply with labor protection requirements. In accordance with Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure the development and approval of labor protection instructions for employees.

Local Agreement– a local normative act that establishes the principles of regulation in certain areas social and labor relations and other directly related relations concluded between the authorized representatives of employees and the employer at the level individual organization within their competence.

The employer adopts local regulations both individually and taking into account the opinion of the representative bodies of employees.

Without taking into account the opinion (solely) are accepted: staffing, job descriptions, orders, instructions, etc.

By general rule taking into account the opinion of the representative body of employees, the following are adopted:

-local regulations that establish labor standards, regardless of their name Art. 162 of the Labor Code of the Russian Federation;

-shift schedules, which, as a rule, are an annex to the collective agreement, art. 103 of the Labor Code of the Russian Federation;

-local regulations on wages (regulations on wages) Art. 135 of the Labor Code of the Russian Federation;

Internal labor regulations, which, as a rule, are an annex to the collective agreement, Art. 189, 190 of the Labor Code of the Russian Federation.

By decision of the employer, other local regulations may be adopted, for example, the regulation on personnel, the regulation on the procedure for maintaining collective bargaining in the organization, the regulation on the participation of employees in the management of the organization, the regulation on the commission for labor disputes etc.

The norms of local regulations that worsen the situation of employees in comparison with those established by labor legislation and other regulatory legal acts, as well as local regulations adopted without taking into account the opinion of the representative body of workers, Article 8 of the Labor Code of the Russian Federation, are not subject to application.

The procedure for adopting local regulations is very important in terms of determining their effect. Acts adopted in violation established order taking into account the opinion of the representative body of employees, are considered invalid and are not subject to application.

Conclusion

The sources of labor law are the results law-making activities competent authorities in the field of regulation of labor and other relations directly related to them, which are the subject of this branch of law. The whole complex of sources of labor law is defined as labor legislation. Integral part The system of sources of labor law in Russia are local regulations containing the norms of labor law. The employer adopts local regulations within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements. AT modern science labor law is still focused on the analysis federal regulations, and local regulations are traditionally recognized only as the function of concretizing federal labor law norms.

In modern educational and scientific literature sources of labor law are various regulatory legal acts containing labor law norms governing labor and directly related relations, acts of the relevant competent authorities with normative content, normative legal acts regulating labor Relations establishing the rights and obligations of participants in these relations, the results (products) of the law-making activities of the competent authorities of the state in the field of regulation of labor and other social relations that are the subject of this branch of law, various forms expressions (setting and fixing) state will aimed at regulating public relations (laws, other regulatory legal acts, normative agreements and etc.).

Creation in Russia market economy requires the development of a solid legal framework which would guarantee the basic labor rights of workers.

Under transition Russian Federation towards a civilized labor market, integration of the national economy into world system an important task is the reform of labor legislation. There is a rapid process of updating the current labor legislation in the country.

It must be assumed that in the future the structure of employment will change, which will lead to the emergence of new non-standard forms of labor organization, to which it will be impossible to apply the Labor Code in in full, and will need special rules for regulation special types labor connection.

The opposite trend should also be noted - the exclusion from the scope of labor law of relations for the passage of the state civil service. In accordance with Art. 73 of the Federal Law of July 27, 2004 No. 79-FZ "On the state civil service Russian Federation" labor legislation applies to civil servants according to the "residual" principle - in the part not regulated by the Law on the Civil Service.

As a result, we single out the main, in our opinion, trend in the development of labor legislation - this is the search for adequate legal mechanisms in order to achieve the provisions set out in Art. 1 of the Labor Code of the Russian Federation goals in the context of the formation of a post-industrial society with its new social technologies and Russia's integration into world global processes.

Bibliography

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2. Labor Code of the Russian Federation No. 197-FZ of January 7, 2002 (as amended on June 30, 2006 No. 90-FZ) // Collection of Legislation of the Russian Federation. - 2002. - No. 1.

3. Code of Labor Laws of the Russian Federation of December 9, 1971 (as amended by the Federal Law of April 30, 1999) // Ved. Armed Forces of the RSFSR. - 1971. - No. 50 (lost force - 01/07/2002 No. 84-FZ).

4. Anisimov A.L. Consideration and resolution of individual labor disputes in court // Labor law. - 2008. - No. 3 (97).

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8. Gusov K.N., Tolkunova V.N. Labor Law of Russia: Textbook. - M.: TK Velby, 2006. - 496 p.

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10. Kiselev I.Ya. Labor law of Russia and foreign countries. International norms Labor: Textbook. – M.: Eksmo, 2006. – 608 p.

11. Kochetkova M.A. Labor rights of an employee. - M.: IKF "EKMOC", 2002. - 288 p.

12. Mironov V.I. Article-by-article comment of the Labor Code of the Russian Federation - M .: CJSC "Intel-Sintez", 2002. - 768 p.

13. Orlovsky Yu.P. 500 topical issues according to the Labor Code of the Russian Federation. – M.: Yurayt-Izdat, 2007. – 550 p.

14. Petrov A.Ya. Employment contract - an institution of modern Russian labor law and its improvement // Labor Law. - 2008. - No. 1

15. Snezhko O.A. Problems judicial protection labor rights // Labor law. - 2007. - No. 9 (91).

16. Tolkunova V.N. Labor law. Lecture course. - M.: TK Velby, 2002. - 320 p.

17. Labor law: Textbook / Ed. F.G. Mouse. – M.: UNITI-DANA, 2005. – 463 p.

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Ershova E.A. Sources and forms of labor law in Russia // Labor Law, 2007. No. 10. P. 4.

Orlovsky Yu.P., Kuznetsov D.L., Belitskaya I.Ya., Koryakina Yu.S. HR records management (legal framework). Practical guide// Infra-M., 2008. S. 53.

Jurisprudence. Textbook for higher educational institutions. Ed. Abdullaeva M.I. // M., Master-Press, 2004. S. 44-45.

See "right of veto" Art. 107 of the Constitution of the Russian Federation.

Local regulatory act of the organization- this is a document containing labor law norms, which is adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements.

General requirements for local regulations of the organization

To the main general requirements may include the following requirements:

the local normative act is adopted by the employer alone or taking into account the opinion of the representative body of employees in cases established by Labor Code;

the norms of local regulations should not worsen the situation of employees in comparison with the established labor legislation and other acts containing labor law norms, a collective agreement, agreements;

local regulations must be brought to the attention of the employee against signature;

local regulations are binding. For failure to comply with their provisions, the employee can be held to disciplinary responsibility, and the employer - to the administrative.

Form and types of local regulations

The most common forms of such acts are regulations, rules and instructions.

Local acts are the Internal Labor Regulations, various provisions(on personal data, on remuneration, on attestation), labor protection instructions, etc.

Local regulations also include.

Collective agreements and agreements do not apply to local normative acts.

Local regulations can be divided into the following types:

mandatory - the composition of such acts is determined by labor legislation. Mandatory, in particular, include:

a document establishing the procedure for processing and protecting personal data, for example, the Regulations on Personal Data;

a document establishing the system of remuneration, for example, Regulations on remuneration;

internal labor regulations;

rules and instructions for labor protection;

a document that defines the procedure for attestation.

optional - such documents are not directly provided for by labor legislation, the employer accepts them at his own discretion. Optional local acts include provisions on personnel, on voluntary health insurance, job descriptions, etc.

Registration of a local regulatory act

When drawing up a local regulatory act, a form is used, which includes:

name of company. It is specified in strict accordance with founding documents, including full and abbreviated names, including foreign language;

name of the document type. Specified after the name of the organization capital letters(POSITION, INSTRUCTION, etc.);

date of registration (approval) and registration number document;

place of the document.

Document pages are numbered from the second page. Page numbers are placed in the middle of the top margin of the sheet.

Structure and content of local regulations

The structure and content of local regulations depend on the range of issues in respect of which it is necessary to adopt such acts.

Conventionally, the structure of local regulations can be divided into the following parts:

general provisions: list regulated issues; normative legal acts, in accordance with which the local normative act is adopted; subdivisions or categories of employees falling under its action;

the main part: the rights and obligations of the employee and the employer; procedures, not defined by law; interaction order structural divisions depending on the specifics of the local regulatory act; actions of the parties, terms, responsibility, etc.

final provisions: time of entry into force of a local regulatory act, the procedure for making changes and additions, as well as its cancellation, a list of local regulations or separate provisions terminated in connection with the adoption of a new act.

Local regulations may contain annexes relating to issues reflected in these acts. In this case, a mark is made on the presence of the application.

The procedure for the adoption of local acts

The creation of each local regulatory act goes through several stages: development, coordination, approval, implementation. This order may, in turn, be established by a local act, for example, a regulation on the procedure for adopting local regulations of the organization.

Adoption of local regulations

The local normative act comes into force from the date of its adoption by the employer or from the day specified in this document.

An employer can adopt local regulations in the following ways:

approve;

issue an order (instruction) on the approval of a local regulatory act.

When approving a local normative act, the employer must sign in the "Document Approval Mark" requisite.

If a local normative act is adopted by issuing an order (instruction), then the order approving the local normative act must reflect:

date of entry into force;

an indication of the familiarization of employees with the local regulatory act and the deadlines for this;

names and positions of persons responsible for compliance with the local regulatory act;

other conditions.

Familiarization of employees with local regulations

Employees must be familiarized under signature with all local regulations adopted in the organization and directly related to their labor activity.

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

Signature of the employee on the familiarization sheet. His last name, first name, patronymic and date of familiarization must also be indicated.

This sheet is attached to each local regulatory act, numbered, stitched and sealed with the seal and signature of the official;

The signature of the employee on a separate document - a journal for familiarizing employees with local regulations.

Unlike the familiarization sheet, this magazine provides for the possibility of familiarizing employees with several local regulations.

Still have questions about accounting and taxes? Ask them on the accounting forum.

Local regulation of the organization: details for the accountant

• Calculation of the remuneration of a trainer-teacher using the per capita method

  ... (order of the head). At the same time, in the local regulatory act of the organization (for example, in the regulation on material ...

• Insurance premiums are not charged on the amount of reimbursement of expenses for traveling work

  Local regulation; payments are provided for by local regulations of the organization, there are supporting documents ( waybills... itinerant character works based on the local regulatory act of the organization are not included in the base for ...

• Review of letters from the Ministry of Finance of the Russian Federation for April 2017

  The amount and conditions of payment are provided for by the local regulations of the organization, containing labor law norms, and ...

• Provision of paid services by a budgetary institution

  Provided to students in the manner prescribed by local regulations of organizations that carry out educational activities. Properly...

• Vacation in working days

  For harmful working conditions is determined by the local regulations of the organization, but cannot be less ... for harmful working conditions is determined by the local regulations of the organization, but cannot be less ...

• Guarantees for work in harmful conditions: when, what and to whom?

  To be established by labor, collective agreements, local regulations of the organization, industry agreements. issuance to persons employed ...

• Can an employee be required to report part-time employment to other organizations?

  To the following conclusion: Establishment in the local regulatory act of the organization in which the employee works on ...

• Personal protective equipment in the workplace

  Issuance of funds personal protection established by the local regulatory act of the organization (clause 1, clause 1, article ...

• On the accounting of premiums for the purposes of taxation of profit (income)

  Employees of the organization, carried out on the basis of the organization's local regulations containing labor law norms, can ..., the amount and conditions of payment are provided for by the organization's local regulations containing labor law norms, with ... (or) collective agreements, as well as local regulatory organization acts; payment not named as... labor contracts, collective agreements and local regulations of the organization, but also depends on the implementation ...

• Is it possible to postpone an employee's vacation due to production needs without his consent?

  Is it possible to provide for the local regulatory act of the organization in accordance with the first part ... of his consent? Whether it is possible to provide for by the local regulatory act of the organization in accordance with part one ... of the employee, can also be established by the local regulatory act of the organization. Thus, the employer in the local...

  Collective agreement, agreement, employment contracts, local regulations of the organization. This allowance is included...

• We determine the average earnings when calculating vacation pay

  The conditions of example 1. Let's add that in the local regulatory act of the organization it is fixed that vacation pay is calculated for ... vacation pay when calculating on the basis of the local regulatory act of the organization. Therefore, the employee will need to be paid ... once we draw your attention: if the local regulatory act of the organization establishes a different period for calculating ...

" № 12/2015

What documents are considered local regulations? What types of local acts stand out? What are the mandatory local acts? How long can they be approved? In what cases does a local act need to be coordinated with the representative body of employees? What is considered such a body? In what order is the agreement carried out? What are the requirements for the execution of local acts and their storage? In what order are they changed?

In the previous issue of our magazine, we talked about such documents regulating relations between employees and employers as labor agreements. And now let's talk about documents that are no less important, but which, unlike agreements, are in every organization - these are local regulations. The employer develops and approves local acts. However, in some cases, workers also take part in this - through their representative body or trade union. We will tell you in the article what requirements are imposed on local regulations, how they are developed, in what order they are agreed upon, approved, and in what order employees are familiarized with them.

Local acts and their types

Based on Art. 8 of the Labor Code of the Russian Federation, a local normative act (hereinafter referred to as LNA) can be defined as internal document organizations accepted by the employer in accordance with labor legislation and other acts containing labor law norms, collective agreements, agreements.

In cases provided for by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, when adopting a LNA, it is necessary to take into account the opinion of the representative body of employees. In this case, the coordination should be carried out only in accordance with Art. 372 of the Labor Code of the Russian Federation. Otherwise, LNA is not applicable. In addition, the provisions of the LNA should not worsen the position of employees in comparison with the established labor legislation and other acts containing labor law norms, a collective agreement, agreements.

LNA are mandatory for use by both employees and employers. For non-compliance with the provisions of the LNA by employees, they may be subject to disciplinary liability. Violation of the provisions of the LNA by the employer is fraught for him with involvement in administrative responsibility and litigation.

LNA includes provisions, orders, instructions, etc. At the same time, according to some features, LNA can be divided into different kinds, which we represent in the form of a diagram.

Mandatory LNA

Mandatory include LNA, the presence of which is required by labor legislation, in particular:

• internal labor regulations (part 4 of article 189 of the Labor Code of the Russian Federation);
• a document establishing the wage system (regulation on wages) (part 4 of article 135 of the Labor Code of the Russian Federation);
• a document defining the certification procedure (part 2 of article 81 of the Labor Code of the Russian Federation);
• a document regulating the procedure for storing and using personal data of employees, for example, the provision on personal data of employees (clause 8, article 86 of the Labor Code of the Russian Federation);
• an act containing a list of positions of employees with irregular working hours (for example, a provision on irregular working hours), if such a regime is established for employees of the organization by an employment contract (Articles 57, 101 of the Labor Code of the Russian Federation);
• an act providing for the division of the working day into parts (Article 105 of the Labor Code of the Russian Federation);
• an act establishing the procedure and conditions for employees to undergo training or receive additional vocational education if the employer decides on the need to send employees for study, retraining or advanced training (part 2 of article 196 of the Labor Code of the Russian Federation);

Norms on working hours can be approved by a separate document or included in the PWTR.

• rules and instructions for labor protection (part 2 of article 212 of the Labor Code of the Russian Federation);
• charters and regulations on discipline introduced by federal laws (part 5 of article 189 of the Labor Code of the Russian Federation) (for example, the Disciplinary customs service of the Russian Federation, approved by Decree of the President of the Russian Federation of November 16, 1998 No. 1396).

note

Instead of creating separate LNA, it is possible to include certain provisions in agreements, collective or labor contracts, for example, on specific amounts of overtime pay (Article 152 of the Labor Code of the Russian Federation).

In addition to the mandatory LNA, at the request of the employer, the organization can develop its own LNA not provided for by law. For example, the provision on voluntary health insurance.

The term and scope of the LNA

The terms of validity of the LNA are not established by the Labor Code, therefore they can be indefinite or adopted for a certain period.

By virtue of Art. 12 of the Labor Code of the Russian Federation LNA comes into force from the date of its adoption by the employer or from the day specified in this act, and applies to relations that arose after its entry into force. In relations that arose before the entry into force of the LNA, it applies to the rights and obligations that arose after its entry into force.

LNA or some of its provisions are terminated due to:

• with an expiration date (if a period has been set);
• with the cancellation (recognition as invalid) of this LNA or its individual provisions by another LNA;
• with the entry into force of a law or other act containing labor law norms, a collective agreement, an agreement (in the case when said acts install more high level guarantees to employees in comparison with the established local normative act).

Article 13 of the Labor Code of the Russian Federation states that LNA accepted by the employer apply to employees this employer regardless of where they work.

And here we return to the types of LNA, depending on their scope. As noted, LNA does not necessarily apply to the entire organization or all employees of the organization. For example, internal labor regulations, provisions on remuneration, and personal data apply to all personnel. But the provision on the structural unit - only for the employees of this unit.

The action of the LNA can extend to certain categories employees. For example, the LNA on the outbound nature of work applies only to employees for whom this nature of work is established, and the provision on additional holidays- only for those who are granted leave.

When should the opinion of the workers' representative body be taken into account?

As already mentioned, in some cases, when adopting a LNA, the employer must take into account the opinion of the representative body of employees. First of all, these are cases directly established by the Labor Code. But they can be established by other federal laws, regulatory legal acts, collective agreements, agreements.

So, the opinion of the representative body is required when adopting the LNA, establishing:

• the procedure for attestation of employees (Article 81 of the Labor Code of the Russian Federation);
• list of positions of employees with irregular working hours (Article 101 of the Labor Code of the Russian Federation);
• division of the working day into parts (Article 105 of the Labor Code of the Russian Federation);
• wage system (Article 135 of the Labor Code of the Russian Federation);
• specific amounts of wage increases (Article 147 of the Labor Code of the Russian Federation);
• specific amounts of increased pay for night work (Article 154 of the Labor Code of the Russian Federation);
• introduction, replacement and revision of labor standards (Article 162 of the Labor Code of the Russian Federation);
• internal labor regulations (Article 190 of the Labor Code of the Russian Federation);
• forms of training and additional professional education of employees, list necessary professions and specialties (Article 196 of the Labor Code of the Russian Federation);
• application procedure shift method(Article 297 of the Labor Code of the Russian Federation), including the possibility of increasing the duration of the shift from one to three months (Article 299 of the Labor Code of the Russian Federation).

In practice, there are usually fewer such LNAs, since several cases that require agreement with a representative body can be combined in one act, for example, a provision establishing a wage system may include specific amounts of wage increases, including at night.

The internal labor regulations, which determine, among other things, the regime of work and rest of the organization's employees, can also regulate issues that require agreement with the trade union, such as the introduction and cancellation of a part-time (shift) or part-time working week earlier than the period for which they were established (Article 74 of the Labor Code of the Russian Federation), bringing to overtime work in cases not covered by Art. 99 of the Labor Code of the Russian Federation.

Please note that due to the above provisions of the Labor Code, some LNAs are required to be coordinated not with the representative body of employees, but with the elected body of the primary trade union organization, in particular LNA, establishing the division of the working day into parts and the procedure for applying the rotational method. In this regard, the question arises: how is coordination carried out if the organization has a trade union, but there is no representative body of workers (and vice versa)?

Note

Representatives of employees in a single organization by virtue of Art. 29 of the Labor Code of the Russian Federation are primary trade unions. If there is none or it does not unite more than half of the employees of this employer and is not authorized to represent the interests of all employees, general meeting employees, another representative or representative body may be elected (Article 31 of the Labor Code of the Russian Federation).

We answer the question posed: both the trade union and another representative body can represent the interests of workers in the coordination of the LNA. And if there is no elected body of the primary trade union organization, the interests of workers will be protected by another representative body.

Another question immediately arises: if the organization does not have either one or the other body, should the employer offer employees to create it to coordinate the LNA?

Because the union is voluntary association, for its creation, first of all, the will of the workers themselves and other persons who may be members of the trade union is necessary. A similar approach applies to the creation of another representative body of employees. In addition, the Labor Code does not contain norms establishing the obligation of the employer to create representative bodies, as well as norms restricting the right of the employer to issue LNA in the absence of a trade union or other representative body of workers in the institution.

Accordingly, if a trade union or other representative body is not formed by the employees of the organization, the employer accepts all LNA independently.

Note

Some regulatory legal acts recommend that when forming local acts of an organization, create working groups from among employees. In particular, the Order of the Ministry of Health and Social Development of the Russian Federation dated August 14, 2008 No. 425n proposed, when organizing work on the formation of an approximate regulation on wages, federal state bodies and institutions to create working groups from among the specialists of the main manager of funds federal budget, managers and employees of financial, economic, legal and personnel departments subordinate institutions of the relevant type and representatives trade unions, other independent experts.

LNA approval procedure

First of all, we note that the employer determines the procedure for the development and approval of the LNA by himself, fixing it in the appropriate document, which can also be the LNA or another document (for example, an order).

But the procedure for agreeing with the representative body of employees is regulated by Art. 372 of the Labor Code of the Russian Federation.

So, the employer, before approving the LNA, must send his draft and justification for it to the representative body of workers.

The adoption of LNA in agreement with the representative body of workers in cases not established by the Labor Code may be provided for by a collective agreement, agreements (Article 8 of the Labor Code of the Russian Federation).

Having received these documents, the representative body, no later than five working days from the date of their receipt, must send a response to the employer with motivated opinion project in writing. If this opinion does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer has two options:

• he can agree with the opinion and accept the act, correcting it;
• if this opinion does not suit him, within three days after receiving the opinion, the employer may conduct additional consultations with the representative body in order to form a mutually acceptable solution.

If agreement is not reached, the disagreements that have arisen are drawn up in a protocol, after which the employer has the right to adopt a local regulatory act. However, in this case, the representative body may appeal against the decision of the employer to the relevant state labor inspectorate or to the court. In addition, the representative body has the right to start the procedure of a collective labor dispute in the manner prescribed by Ch. 61 of the Labor Code of the Russian Federation.

On the basis of a complaint (application) of a representative body state inspection Labor within one month from the date of its receipt conducts an audit in the organization. In the event of a violation, it issues to the employer an order to cancel the specified LNA, which is mandatory for execution.

Requirements for registration of LNA

Although the labor law special requirements to the design of the LNA is not installed, there are a number normative documents establishing such requirements. First of all, this is GOST R 6.30-2003 “Unified Documentation Systems. unified system organizational and administrative documentation. Requirements for paperwork” (hereinafter referred to as GOST).

According to GOST, for the manufacture of any types of documents, except for letters, a form is used that contains:

• name of company. It is indicated in strict accordance with the constituent documents, including the full and abbreviated name, including in a foreign language;
• name of the document type. It is indicated after the name of the organization in capital letters (REGULATION, INSTRUCTION, etc.);
• date of registration (date of approval) and registration number of the document;
• the place where the document was made;
• approval visa, if the LNA has been approved by the representative body of employees or other bodies;
• the mark of the presence of applications. It is made at the end of the document (for example, “Appendix: a sheet of familiarization of employees with the Regulation for 10 sheets in 1 copy”) and on the application itself in the upper right corner (for example, “Appendix No. 1 to the Regulation on personal data of employees of the State Budgetary Institution “Center social assistance"of 13.01.2015").

Structure local act, as a rule, consists of three sections: general provisions, the main part and final provisions. According to clause 4.7 methodological recommendations for the implementation of GOST R 6.30-2003 “Organizational and administrative documentation. Requirements for the execution of documents ”, approved by the Federal Archives, the texts of documents regulating the activities of the organization (regulations, etc.) consist of sections, paragraphs and subparagraphs. Each section should have an appropriate number and heading.

Document pages are numbered from the second page. Page numbers are placed in the middle of the top margin of the sheet.

The final moment of registration is the approval of the LNA by the head of the organization. The stamp of approval is placed in the upper right corner. The act may be approved by order of the employer or personal signature the head of the organization. Here is a sample visa approval and approval.

The stamp of approval with the personal signature of the head must be certified by the seal of the organization.

Familiarization procedure

So, the approved LNA should be registered in the appropriate journal with the assignment serial number and an indication of the date of entry into force. Recall that the LNA comes into force from the day it is accepted by the employer or from the day specified in this act.

In accordance with Part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to familiarize employees against signature with the adopted local regulations that are directly related to their work activities. Those hired must be familiarized with the LNA before signing the employment contract. At the same time, it should be taken into account that those employees to whom it applies should be familiar with the content of the approved LNA.

Familiarization can be carried out by issuing familiarization sheets as an attachment to the LNA, a familiarization journal, or in any other way. Let's bring exemplary sample familiarization log.

Storage of local acts

The originals of the LNA are stored in one place. As a rule, this or the office. For structural divisions of the organization, it is advisable to make copies.

With regard to retention periods, in accordance with the List of typical management archival documents formed in the course of activities of state bodies, bodies local government and organizations, indicating the periods of storage, approved by the Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No. 558, LNA are stored in the organization permanently.

Changes in local acts

Since certain changes are periodically made to labor legislation, the provisions of the LNA should also be changed. This can be done by approving the changes themselves, drawn up in the same form as the acts themselves. If there are many changes, it is more convenient to approve a new LNA and cancel the old one. To do this, you must issue an order, a sample of which is given below.

The procedure for changing the LNA will be the same as when they were adopted. If the LNA was adopted taking into account the opinion of the representative body of workers, then changes in it must also go through the approval procedure of Art. 372 of the Labor Code of the Russian Federation.

note

If changes in the provisions of the LNA entail a change certain parties terms of the employment contract (wage, working hours, etc.), it is necessary to obtain the consent of the employee, having previously notified him of this two months in advance. If the employee does not agree with such changes, the employer can make them in unilaterally, guided by Art. 74 of the Labor Code of the Russian Federation, if the changes are caused by a change in the organizational or technological working conditions in the organization.

Do not forget to familiarize employees with such changes against signature.

So, guided by labor legislation and the practice of its application, we can distinguish several stages in the development of local acts: the development of a draft LNA, the coordination of the LNA with officials organizations in accordance with internal instructions, taking into account the opinion of the representative body of employees (in provided by law cases), the approval of the LNA and, finally, the introduction of the LNA into action.

And at almost every stage there are certain requirements that the employer must comply with. So, when developing a LNA, one should first of all be guided by the norms of labor legislation (as well as agreements and collective agreements) and remember that LNA cannot worsen the situation of workers in comparison with those established by these standards. When agreeing with the trade union, it is necessary to strictly observe the procedure provided for in Art. 372 of the Labor Code of the Russian Federation, and when putting the LNA into operation, take into account that if with the adoption this act organizational or technological conditions employment contract with employees, then by virtue of Art. 74 of the Labor Code of the Russian Federation, it can be put into effect no earlier than two months after employees are familiarized with their content. In addition, familiarize employees with the LNA and changes to them in a timely manner, providing confirmation of such familiarization.

"On approval of recommendations for the development of federal government bodies and institutions - the main managers of federal budget funds exemplary provisions on wages of employees of subordinate federal budgetary institutions.