Job descriptions refer to local regulations. General requirements for local regulations of the organization. Term and scope of LNA

The system of legal regulation of the activities of organizations consists of legislative and 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 an expansion of the sphere of local rule-making.

Organizations have been given the right to create the legal and regulatory framework for its activities, and also install the 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 sole bodies management of the organization, to the competence of which the relevant powers are assigned.

Employer implements its rule-making powers within its legal personality established by laws, other regulatory legal acts, collective bargaining agreements, agreements. The content of this competence is specified 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 and others), 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 for solving basic and operational tasks (Appendix 4, 5, 6, 7).

Solution - local act, general meeting to exercise the right to participate in the management of an organization, enterprise, institution (Appendix 8). Decisions are not normative.

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

Instructions- local act, establishing the order and methods of something... The instructions are characterized by imperative regulatory prescriptions (Appendix 11, 12, 13, 14).

rules- local act, governing business organizations, basic rights, obligations and responsibilities of the parties to the employment contract.

Local regulations should not be confused with organizational and administrative documentation and individual employer law enforcement acts. From those and others a local normative act differs in 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 Intra-organizational nature. Local normative acts containing labor law norms are only those that regulate labor and relations directly related to them 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 norms labor law, operate within this organization. It is in the organization that the development, coordination and adoption of local labor law 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 prerequisite for ensuring continuous, lasting public relations... The guarantee of stability is their compliance with regulatory legal acts.

4 Local acts are designed for multiple 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 ensured by state coercion. However, it should be noted that it is often of an indirect and complementary nature. So, for example, the head of an enterprise can independently resolve the issue of dismissing an employee, informing about it trade union body(if there is one at the enterprise). But if the dismissed employee does not agree with the decision to dismiss and file a claim, then 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 intra-organizational act complies with the law, then the dismissal will be assessed as thorough and lawful. If not, then the worker will be reinstated. Thus, the state supports legal local acts with the help of its own enforcement mechanism.

6 The character derived from legislation means that all local acts arise by virtue of the 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 an organization, the employer and employees for the employer to establish working conditions within its competence in accordance with laws and other regulatory legal acts, collective bargaining 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 table (article 57 of the Labor Code of the Russian Federation)

Internal rules work schedule(Articles 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 of article 86 of the Labor Code of the Russian Federation)

At shift work each group of workers must perform work during the established duration of 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 directly provided for by the Labor Code of the Russian Federation, the employer can also accept other documents containing the rules of law necessary to solve emerging problems in relations with employees, for example: regulations on personnel, regulations on structural divisions (departments), job descriptions.

TO local acts also include:

Leader contract;

The contract with the chief accountant;

Job descriptions;

Occupational Safety Regulations;

The order of acceptance to work;

Promotion order;

Order on the imposition of a penalty;

Order on the financially responsible person;

Dismissal order;

Fire safety instructions;

Business trip order;

The above documents may have a different name. The legislator does not regulate this issue, but when developing them, it should be borne in mind that ultimately 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 the 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),

Labor contract (article 56 of the Labor Code of the Russian Federation).

To local regulations includes acts adopted by the employer within his competence and containing labor law norms. 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 an 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 opinions representative body workers, may be supplemented by a collective agreement, industry and other agreements.

Local regulations should not worsen the position of workers in comparison with labor legislation, collective bargaining agreements, and agreements. If a local normative act worsens the situation of employees, then it is invalid. The 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, is also invalid. If the representative body of employees is absent in the organization, then in this case the employer, through collective (with the participation of employees) and individual contracts (with the participation of a representative of the employees), establishes and agrees the working conditions. If a local regulatory act is invalid, then laws or other local regulatory acts containing labor law norms are applied (Article 8 of the Labor Code of the Russian Federation).

In accordance with article 68, clause 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 employee.

Employees of HR, legal and other departments should be involved in the development of local regulations. Acting 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 by supreme body management of the organization. An example of such a provision is presented in Appendices 16, 17.

The State Labor Inspectorate of the Russian Federation, when checking the organization, checks the availability and procedure for maintaining HR documentation... For violation labor legislation the head of the organization may be subject to penalties.

Some relationships between employer and employee may be unsettled. This, in turn, can lead to conflict situations between the employees of the organization and the employer.

Let's consider some types of local regulations adopted in organizations.

Local regulatory act of the organization Is a document containing labor law norms, which is accepted by the employer within his competence in accordance with laws and other regulatory legal acts, collective bargaining agreements, agreements.

General requirements for local regulations of the organization

The main general requirements include the following requirements:

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

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

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

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

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(about personal data, about wages, about certification), instructions on labor protection, etc.

Local regulations also include and.

Collective agreements and agreements do not apply to local regulations.

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 the processing and protection of personal data, for example, the Regulation on personal data;

a document establishing the remuneration system, for example, the Regulation on remuneration;

internal labor regulations;

rules and instructions for labor protection;

document defining 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, voluntary health insurance, job descriptions, etc.

Registration of a local normative act

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

name of company. It is indicated in strict accordance with constituent documents, including full and abbreviated name, including foreign language;

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

date of registration (approval) and registration number document;

place of preparation of the document.

Pages of the document are numbered from the second page. Page numbers are put down 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 relation to which the adoption of such acts is necessary.

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; divisions or categories of workers falling under its action;

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

final provisions: the 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 regulatory acts or individual provisions terminating in connection with the adoption of a new act.

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

Procedure for the adoption of local acts

The creation of each local normative 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

A local regulatory act comes into force from the day it is adopted by the employer or from the day specified in this document.

The employer can adopt local regulations in the following ways:

approve;

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

When approving a local normative act, the employer must sign the requisite "Document approval stamp".

If a local regulatory act is adopted by issuing an order (instruction), then the order on approval of the local regulatory act must reflect:

the date of its entry into force;

instructions on familiarizing employees with the local regulatory act and the time frame 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 with 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.

The employee's signature on the acquaintance sheet. His surname, name, patronymic and date of acquaintance must also be indicated.

This sheet is attached to each local regulatory act, numbered, stitched and sealed and signed by an official;

An employee's signature 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 salary of a trainer-teacher with a 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 regulatory act; payments are provided for by local regulations of the organization, there are supporting documents ( waybills... traveling nature works on the basis of a 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 terms of payment are stipulated by 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... The right way...

• Vacation in working days

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

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

  Be established by labor, collective agreements, local regulations of the organization, industry agreements. Payments to persons employed ...

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

  To the next conclusion: Establishment in the local regulatory act of the organization in which the employee works for ...

• Personal protective equipment in the workplace

  Disbursement of funds individual protection established by the local regulatory act of the organization (subparagraph 1 of paragraph 1 of article ...

• On the accounting of premiums for the purpose of taxation of profits (income)

  Employees of the organization, carried out on the basis of local regulations of the organization containing labor law norms, can ... acts of the organization; payment is 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 a local regulatory act of the organization in accordance with part one ... of his consent? Whether it is possible to provide for a local regulatory act of the organization in accordance with part one ... of an employee can also be established by a local regulatory act of the organization. Thus, the employer in the local ...

  Collective agreement, agreement, employment contracts, local regulations of the organization. Such a surcharge is included in the system ...

• Determine the average earnings when calculating vacation pay

  By the conditions of example 1. Let's add, 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 pay ... once we draw your attention: if a local regulatory act of the organization establishes a different period for calculation ...

Local regulations belong to the category by-law sources rights standing on the lowest level legal hierarchy... They have a limited scope and must not contradict laws and other regulations.

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

The most important acts are a collective agreement and an agreement on labor protection, providing for familiarization of workers with labor protection requirements, carrying out mandatory medical examinations etc.

Among the most important acts are instructions on labor protection, which contain information on working conditions at the workplace, on existing risk damage to health, rules of protection against 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 of 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 increasing its efficiency.

Labor protection instruction is a local normative act that establishes the specific obligations of the organization's employees 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 establishing the principles of regulation in certain areas social and labor relations and other directly related relations concluded between authorized representatives of employees and the employer at the level a separate 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 (alone), the following are accepted: staffing table, job descriptions, orders, instructions, etc.

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

-local normative acts establishing 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 of Art. 103 of the Labor Code of the Russian Federation;

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

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

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

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

The procedure for the adoption of local regulations is very important from the point of view of determining their action. Acts adopted in violation established order taking into account the opinions of the representative body of workers are considered invalid and shall not be applied.

Conclusion

The sources of labor law are the results lawmaking 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. An integral part of system of sources of labor law in Russia are local regulations containing labor law norms. The employer adopts local regulations within its competence in accordance with laws and other regulatory legal acts, collective bargaining agreements, agreements. V modern science labor law continues to focus on the analysis federal regulations, and local normative acts traditionally only recognize the function of concretizing federal labor law.

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

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

In transition conditions Russian Federation to a civilized labor market, integration of the national economy into world system the reform of labor legislation is becoming an important task. The country is witnessing a rapid process of updating the current labor legislation.

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 you will need special rules for regulation special types labor communication.

The opposite tendency 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 State civil service Russian Federation "labor legislation is applied to civil servants on the" residual "principle - in the part not regulated by the Law on State Civil Service.

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

Bibliography

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11. Kochetkova M.A. Employee labor rights. - M .: IKF "EKMOC", 2002. - 288 p.

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16. Tolkunova V.N. Labor law. Lecture course. - M .: TK Welby, 2002 .-- 320 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 administration (legal basis). Practical guide// Infra-M., 2008.S. 53.

Jurisprudence. A textbook for higher education educational institutions... Ed. Abdullaeva M.I. // M., Magistr-Press, 2004.S. 44-45.

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

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What documents are considered local regulations? What types of local acts stand out? What applies to 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 workers? What is considered such an organ? In what order is the approval carried out? What are the requirements for the registration of local acts and their storage? In what order are changes made to them?

In the previous issue of our magazine, we talked about such documents that regulate relations between workers and employers, such as agreements in the world of work. 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. The article will describe 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 regulatory act (hereinafter - 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 the cases provided for by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, collective bargaining agreements, agreements, when adopting LNA, it is necessary to take into account the opinion of the representative body of workers. In this case, the agreement should be carried out only in accordance with Art. 372 of the Labor Code of the Russian Federation. Otherwise, LNAs are not applicable. In addition, the provisions of the LNA should not worsen the position of workers in comparison with the established labor legislation and other acts containing labor law norms, collective bargaining agreements, and agreements.

LNA are mandatory for use by both workers and employers. For non-compliance with the provisions of the LNA by employees, they can be brought to disciplinary responsibility. Violation of the provisions of the LNA by the employer is fraught with attraction to administrative responsibility and litigation.

LNA includes provisions, orders, instructions, etc. Moreover, according to some criteria, 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 a remuneration system (regulation on remuneration) (part 4 of article 135 of the Labor Code of the Russian Federation);
• a document defining the attestation 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 regulation on personal data of employees (clause 8 of 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 days), if such a regime is established for the 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 to 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 PVTP.

• rules and instructions for labor protection (part 2 of article 212 of the Labor Code of the Russian Federation);
• statutes and regulations on discipline introduced by federal laws (part 5 of article 189 of the Labor Code of the Russian Federation) (for example, Disciplinary customs service Of the Russian Federation, approved by the 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 agreements, for example, on the specific amount of payment for overtime work (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, which is not provided for by law. For example, the provision on voluntary health insurance.

Term and scope of LNA

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

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

LNA or some of its provisions cease to be effective due to:

• with the expiration of the validity period (if the period has been set);
• with the cancellation (recognition as invalid) of this LNA or its individual provisions by other 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 specified 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 says that LNA accepted by the employer act in relation to employees of this employer regardless of where they perform work.

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

LNA can be applied to certain categories employees. For example, the LNA on the nature of the work on the road applies only to employees for whom such a nature of work is established, and the provision on additional leave- only for those who are granted vacations.

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

As already mentioned, in some cases, when adopting an LNA, the employer must take into account the opinion of the representative body of workers. 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 bargaining agreements, and agreements.

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

• the procedure for certification of employees (Article 81 of the Labor Code of the Russian Federation);
• a 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);
• the specific size of the increase in wages (Article 147 of the Labor Code of the Russian Federation);
• specific amounts of the increase in 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 workers, a list required professions and specialties (Article 196 of the Labor Code of the Russian Federation);
• application procedure rotational 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 in one act several cases may be combined that require agreement with a representative body, for example, a provision establishing a remuneration system may include specific amounts of an increase in remuneration, including at night.

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

Please note that due to the above provisions of the Labor Code, some LNA need to be coordinated not with the representative body of workers, but with the elected body of the primary trade union organization, in particular, the 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 the coordination carried out if there is a trade union in the organization, but there is no representative body of workers (and vice versa)?

For your information

Representatives of employees in a separate 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, on 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 upon agreement 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 one or the other body, should the employer offer employees to create it for the approval of the LNA?

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

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

For your information

Some normative legal acts recommend, when forming local acts of an organization, to create working groups from among employees. In particular, the Order of the Ministry of Health and Social Development of the Russian Federation of August 14, 2008 No. 425n proposed, when organizing work on the formation of an approximate regulation on remuneration of labor, 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 human resources subordinate institutions of the appropriate 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 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 workers is regulated by Art. 372 of the Labor Code of the Russian Federation.

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

The adoption of the LNA by 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 on the project in writing... If this opinion does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer has two options for action:

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

If no agreement is reached, the disagreements that have arisen are formalized in a protocol, after which the employer has the right to adopt a local regulatory act. However, in this case, the representative body can appeal against the employer's decision to the relevant state labor inspectorate or to the court. In addition, the representative body has the right to start the collective labor dispute procedure in the manner prescribed by Chapter. 61 of the Labor Code of the Russian Federation.

Based on the complaint (statement) of the representative body state inspection labor, within one month from the date of its receipt, conducts an inspection in the organization. If a violation is revealed, it issues an order to the employer to cancel the specified LNA, which is binding.

Requirements for registration of LNA

Despite the fact that labor legislation special requirements to the registration of the LNA is not installed, there is a number normative documents establishing similar requirements. First of all, it is GOST R 6.30-2003 “Unified documentation systems. Unified system organizational and administrative documentation. Requirements for paperwork "(hereinafter - GOST).

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

• name of company. Indicated in strict accordance with the constituent documents, including the full and abbreviated name, including in a foreign language;
• name of the type of document. Indicated after the name of the organization in capital letters (REGULATIONS, INSTRUCTIONS, etc.);
• date of registration (date of approval) and registration number of the document;
• place of preparation of the document;
• approval visa, if the LNA was approved by the representative body of workers or other bodies;
• a mark on the availability of applications. It is done at the end of the document (for example, "Appendix: a sheet of familiarizing employees with the Regulations for 10 pages in 1 copy") and on the appendix itself in the upper right corner (for example, "Appendix No. 1 to the Regulations on personal data of employees of the State Budgetary Institution" Center social assistance"Dated 01/13/2015").

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

Document pages are numbered from the second page. Page numbers are put down 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 can 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 manager 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 effective date. 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 directly related to their work activities. Employees must be familiarized with the LNA before signing an employment contract. It should be borne in mind that the content of the approved LNA must be familiarized with those employees to whom it applies.

Acquaintance can be carried out by drawing up acquaintance sheets in the form of an attachment to the LNA, an acquaintance log or in any other way. Let us give sample sample an acquaintance log.

Storage of local acts

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

As for the shelf life, in accordance with the List of typical management archival documents formed in the course of the activities of state bodies, bodies local government and organizations, indicating the storage periods, approved by the Order of the Ministry of Culture of the Russian Federation of 25.08.2010 No. 558, LNA are stored in the organization permanently.

Changes in local acts

Since certain changes are periodically made to the 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 the 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 accepted. If the LNA was adopted taking into account the opinion of the representative body of workers, then the changes in it must go through the procedure of approval of Art. 372 of the Labor Code of the Russian Federation.

note

If changes in the provisions of the LNA entail a change determined by the parties terms of the employment contract (remuneration, 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 changes in the organizational or technological working conditions in the organization.

Do not forget to inform employees about such changes by signature.

So, guided by labor legislation and the practice of its application, several stages of the development of local acts can be distinguished: the development of the LNA project, the coordination of the LNA with officials organization according to internal instructions, taking into account the opinion of the representative body of workers (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 coordinating with the trade union, the procedure provided for in Art. 372 of the Labor Code of the Russian Federation, and when the LNA is put into effect, take into account that if, with the adoption of this act organizational or technological conditions labor 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 the employees are familiarized with their content. In addition, familiarize workers with the LNA and changes in them in time, ensuring that such familiarization is confirmed.

"On approval of the Recommendations for the development of federal government bodies and institutions - the main managers of the federal budget exemplary provisions on remuneration of employees of subordinate federal budgetary institutions ”.