General information about the internal labor regulations. Internal labor regulations: the procedure for drawing up and approving

When issuing money to customers who have returned the goods (refused work, services), you need to knock out a check with the sign of the "return of receipt" calculation. But it is not always clear whether this or that situation falls under this rule. We discussed different cases with a specialist of the Federal Tax Service.

• the procedure for hiring and dismissing employees;
• basic rights and obligations of employees and the employer;
• responsibility of employees and employer;
• work schedule and rest time;
• measures to encourage employees and penalties;
• other regulatory issues labor relations... For example, the requirements for appearance employees, the so-called dress code, can also be determined by the rules of the internal work schedule(hereinafter referred to as PVTR).

TK norms in PVTR

In the above list, not counting last paragraph, all that should be contained in the internal labor regulations is listed. And if any of the sections in the PVTP is not there, the labor inspectors will probably notice this during the inspection and issue an order to eliminate the violation (Appellate ruling of the Perm Regional Court dated 01.10.2014 N 33-8841). However, this does not mean that every employer should transfer half of the provisions of the Labor Code into their labor regulations.

Of course, PVTR are compiled in accordance with the norms of the Labor Code of the Russian Federation and other regulations. After all, if some points of the rules internal regulations organizations worsen the position of the employee in comparison with the established labor legislation, then they should not be applied (Article 8 of the Labor Code of the Russian Federation). But when compiling a PTP, it is important not only to cite the norms of the Labor Code in them, but to try to take into account the specifics of the work of your organization.

Typical PVTP

Exists Typical rules internal labor regulations for workers and employees of enterprises, institutions, organizations (approved by the Resolution of the State Committee for Labor of the USSR of 20.07.1984 N 213). In theory, they can be used too. But since they were approved more than 30 years ago, any employer will have to seriously revise them, taking into account the changed legislation and the specifics of the activities of their organization.

What can be specified in the PVTP

One of simple examples- the amount of compensation for delayed payment of wages (Article 236 of the Labor Code of the Russian Federation). If you, as an employer, decide to pay your employees compensation in an increased amount compared to that established by the Labor Code of the Russian Federation, this will need to be recorded in the PVTP.

In addition, as noted earlier, the internal labor regulations of the Labor Code of the Russian Federation should spell out the responsibility of employees and the procedure for dismissal. Often employers indicate in the PVTP complete list gross violations, in case of a single commission of which labor contract with the employee can be terminated. It is about absenteeism, appearing at the workplace in a state alcoholic intoxication and others (clause 6 of article 81 of the Labor Code of the Russian Federation).

In the same way, for a gross violation, the head of a branch, department or deputy head of the organization can be dismissed (clause 10 of article 81 of the Labor Code of the Russian Federation). But the Labor Code of the Russian Federation does not indicate that there is a gross violation for this category of workers. Accordingly, in addition to gross violations directly named in the Labor Code of the Russian Federation and recognized as such regardless of who committed them, you can indicate other violations in the PVTP that will be considered as such for employees holding certain positions.

In this matter, one can rely on the position of the RF Armed Forces. He once expressed the opinion that under gross violation the head of the organization, branch, representative office is understood as the failure of such a person to fulfill his duties, in connection with which harm could be caused to the health of employees or property damage company (clause 49 of the Resolution of the Plenum of the Supreme Council of 17.03.2004 N 2).

As you can imagine, these are just a couple of examples of how you can more clearly regulate the relationship between the employee and the employer in the PVTP. The more detailed your internal labor regulations for 2017 are, the less disagreements you will have with employees.

Who approves the internal labor regulations of the organization

Internal labor regulations are approved official companies taking into account the opinion representative body workers - usually trade union organization, if of course it is (Article 190, Article 372 of the Labor Code of the Russian Federation). That is, the director can put a visa "Approve" right on the PVTR in the upper left corner, and next to it his signature, a decryption of the signature and the date. Or the internal regulations can be approved by a separate order.

A job seeker who is hired must be familiarized with the internal regulations of the enterprise before signing an employment contract (Article 68 of the Labor Code of the Russian Federation).

What are not regulated by the internal labor regulations

PVTP determine the work schedule of the organization, that is, they contain general terms and Conditions work in this company and General requirements employer to their employees. Each enterprise has labor discipline, and each employee must comply with the internal labor regulations (Article 189 of the Labor Code of the Russian Federation). This, by the way, is directly provided for by the Labor Code of the Russian Federation (Article 21 of the Labor Code of the Russian Federation).

And everything that concerns labor function employee - the position held and the specific duties that he must perform, as well as his workplace, working conditions, etc., is prescribed in job description or . But not in the internal labor regulations of the organization.

How does it work business entity is determined in the local act adopted at the enterprise, which is called the internal labor regulations. This document establishes the modes of work and rest in the company of all its employees. Various specialists of the company participate in its creation, after which the act is approved by the administration of the company.

The Labor Code of the Russian Federation determines that the internal labor regulations are local act, firm, formalized by an economic entity in accordance with the law.

It reflects the routine of the functioning of an economic entity, the modes of work and rest of its employees, as well as issues of payroll.

The internal labor regulations implement the legal norms in each enterprise, they should in no case make the working conditions of employees worse than the normative ones. It is advisable to develop this document for all business entities that exist.

Inspectors who conduct company inspections often request this local standard... Every organization should have labor regulations. otherwise measures of administrative influence can be applied to it.

Attention! This document can be an independent act at the enterprise, or it can be included in one or another standard as an appendix. Employees must have access to the Rules at any time of the working day.

Are PVTP obligatory for LLC and individual entrepreneur?

Internal labor regulations are developed in accordance with the Labor Code of the Russian Federation in business entities in mandatory... This must be done by all organizations, including LLCs, as well as entrepreneurs acting as employers.

These acts may not be made only by business entities classified by certain criteria as micro-enterprises (for example, with the number of employees up to 15 people). They are PVTP at will.

For such businesses, it is allowed to completely or partially waive their regulations. But the obligation to determine the conditions and regime of work remains with them, therefore this information they must be included in every employment contract.

Do I need to introduce them to employees

As local normative act, it should be provided for familiarization to all people working at the enterprise. The Labor Code of the Russian Federation establishes that the administration must familiarize all employees with its content. By signing with it, employees undertake to comply with the work schedule provided for in it.

Attention! In addition, the familiarization signature of an employee allows you to prove his guilt if he does not comply with the rules established by this act. After all, only his visa testifies that he knew these rules and deliberately violated them. In the absence of her, the employee cannot be attracted to disciplinary responsibility if he has violated the internal work schedule.

Download a sample of internal labor regulations in 2017 sample for LLC and individual entrepreneur

2017 sample free download in Word format.

Download the sample in Word format.

What the house rules should contain

General Provisions

It indicates which issues are considered by this document, as well as how all employees are familiarized with it. If the company is hiring remote worker and homeworkers, it should also indicate how the firm provides them with a copy of the rules, and how they confirm familiarization with them.

The hiring and firing process

This section includes a description of the procedure for hiring a new employee or dismissing an existing one.

In this section, you can specify a list of documents that new employee must provide to the HR department upon registration. However, in this case, it must be remembered that closed list documents are established by the TC, and the administration has no right to demand anything beyond it.

Also in this section you can fix tasks that hired worker must complete before hiring.

It also reflects the process of passing the test, the establishment of the salary, the procedure for familiarization with internal documents... All of them must be introduced to each employee against signature. Forms that will not be mentioned here do not need to be introduced.

This section may specify the procedure for full or temporary transfer for another position, the process of changing the terms of an employment contract.

Attention! When describing the procedure for dismissal, it is necessary to describe the order and list of documents that will be gently issued to him, as well as indicate the method of reporting on the property received for storage or use.

Rights and obligations of employees

In this section, in addition to the main provisions, you can include additional guarantees that employees can use - receiving additional education, provision of hot meals, fare, etc.

The administration of the company can include in the duties all those items that it considers important - from discipline to adherence to the corporate style of clothing.

Employer's rights and obligations

This should include those responsibilities that are included in the current federal laws, and labor legislation... These provisions should relate to the provision of working conditions, safety at work and others.

This section can also include the procedure for providing guarantees that were specified in the rights of employees - this is payment of travel, payment telephone conversations on cellular communication etc.

Opening hours and rest times

In this section, you need to enter the length of the working day in the company, the start and end times. If an employee is required to go to work on a day off, or on any special schedule, this should also be indicated here.

The duration is also entered in the section. lunch break, its start and end times. If employees are required by law to provide additional time rest, this is also indicated here.

Further, the section includes a list of positions for which the regime of irregular working hours is established. Here you can also write down on what conditions you can go to work on a part-time basis, employees of what positions can do it, how it is formalized.

Also, here you can determine the principles on which the timesheet is drawn up, who is responsible for this, stipulate any special cases... The latter may include a mark in the report card of the employee's tardiness, a reflection of work in the mode part day etc.

In this section, it is also necessary to describe by what principle the priority of the right to choose a vacation is determined, which of the employees has the preferential right. Such categories are defined as on legislative level and can be determined by the administration itself.

Attention! In the rules, you can set the period of time during which you need to apply for a vacation if the employee requests it outside the developed one. Moreover, it must be at least three days so that the accounting department has time to calculate and transfer vacation pay.

V separate order the process of providing additional leave, as well as what categories of workers it is supposed to be. For each of them, the duration of the additional rest must also be indicated here.

Rewards for achievements in work

In this section, you can describe what incentives an employee can receive for conscientious performance of duties, as well as the criteria necessary for receiving. Here you can also write down a list of achievements that may be followed by a presentation for the award.

Responsibility of each party to the employment relationship

In this section, you can specify possible violations that both the employee and the employer can admit to their work. The degree of responsibility for these violations is also established here.

It is assumed that the list of violations labor discipline that the employee can admit will be made in separate section, indicating the penalties for each offense.

The procedure for issuing salaries

The TC states that exact dates, when the advance payment and the main part of the salary are issued, they must be prescribed in the internal regulations. If, during the check, it turns out that this is not indicated in the document, then for the incurred violation on the organization and responsible persons fines will be imposed according to the Code of Administrative Offenses.

By law, the rules must contain exactly the dates, and not the intervals when the organization can make payments. Also, according to the law, there cannot be more than 15 days between these two dates, and the rest of the salary cannot be paid later than the 15th day from the beginning of the month.

Attention! For new employees who are just getting a job at the company, it is recommended for the first time to establish an individual payment schedule, according to which no more than 15 days would pass from the moment of admission to the first payment.

In addition to the dates and the process of issuing salaries, in this section you can also specify the procedure for issuing pay slips, listing sick leave and vacation pay, etc.

Final provisions

In this section, you need to indicate exactly how changes will be made to the document in the future, and by what process the rules are approved.

How to approve a PVTP

When developing rules, a wide range of company specialists are usually involved in the process. These must necessarily include economists, lawyers and employees. personnel service... At the same time, in their work, they must take into account all the specifics of the enterprise, industry, product or service.

After drawing up the draft document should be handed over to the representatives of the trade union for familiarization. This step is enshrined in law. They have five days to consider the document. The opinion expressed by the body can be either positive or negative.

V the latter case a reconciliation process must be carried out, which can take a long time. However, the administration, if for a long time the parties do not reach agreement, can approve the internal labor regulations of the organization in this form.

If this local normative act is included in the collective labor agreement, then the rules must then be registered with the labor inspectorate within up to seven days.

The final stage is the release of the enterprise, which will put the document into effect. It has the right to sign it by a person vested with the necessary powers, as a rule, it is a director.

Attention! The accepted rules are used in the future when compiling labor contracts with employees.

How to make changes to the PVTP

Over time, the main legislative acts changes and amendments can be made, and new organizational and technological processes... In order to earlier accepted rules internal labor regulations have always been relevant, they need to be adjusted in a timely manner.

The need to make changes is formalized in a service or memorandum addressed to the administration of the company. After this, the executive act should appoint persons who will be responsible for the development of new version rules.

Since the procedure for making changes in laws is not specified anywhere, it is recommended that when developing and adopting a new version of the rules of procedure, adhere to the procedure carried out in the primary process.

Important! After the adoption of the new version of the document, all employees of the company must be familiarized with it against signature.

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