Local regulatory legal acts of the organization. Local regulations in the organization: list, rules for the formation and application of Lna mandatory for the employer

Local acts regulate the interaction of structural units with each other, incentives for top management, standards of behavior in a group of companies, and quality standards. Let's consider mandatory and optional local acts that will allow you to organize the most effective work.

A local regulatory act is an internal document developed and adopted by the management bodies of an organization in accordance with their competence determined by current legislation that establishes norms (rules) of a general nature intended to regulate production, managerial, financial, commercial, personnel and other functional activities within the organization .

Mandatory local acts

Most mandatory local acts are related to labor responsibilities. The exception is the accounting policy regulating accounting and tax accounting issues.

The accounting policy of an organization is the set of accounting methods adopted by it (primary observation, cost measurement, current grouping and final generalization of the facts of economic activity).

Accounting methods include methods of grouping and assessing facts of economic activity, repaying the value of assets, organizing document flow, inventory, methods of using accounting accounts, systems of accounting registers, processing information and other relevant methods and techniques.

The accounting policy of the organization is formed by the chief accountant/(accountant) of the organization and approved by the head of the organization.

In this case it is affirmed:

Options for accounting and evaluation of accounting objects chosen by the organization;

A working chart of accounts, containing synthetic and analytical accounts necessary for maintaining accounting records in accordance with the requirements of timeliness and completeness of accounting and reporting;

Forms of primary accounting documents used to document facts of economic activity, for which standard forms of primary accounting documents are not provided, as well as forms of documents for internal accounting reporting;

The procedure for conducting an inventory of the organization's assets and liabilities;

Document flow rules and technology for processing accounting information;

The procedure for monitoring business operations;

Other solutions necessary for organizing accounting.

Let's look at examples of mandatory local acts in an organization established by the Labor Code of the Russian Federation (see table).

Table

Local regulations adopted by the employer taking into account the opinion of the representative body of employees

Another mandatory document is the provision on the protection of personal data. The subject and directions of personal data protection should be recorded in the regulation on the protection of personal data, where it is advisable to reflect: the purpose and objectives of the organization in the field of personal data protection; list of documents and information containing personal data of employees; general requirements for the processing of personal data and guarantees of their protection; the procedure for storing and using the employee’s personal data; rules for transferring personal data of employees; the rights of employees to ensure the protection of personal data stored by the employer; liability for violation of the rules governing the processing and protection of personal data.

Optional local acts

The organization develops optional local acts independently for the purpose of improving the company’s performance.

They can be classified into several types.

1. Issues of financial distribution.

Such issues are resolved, for example:

In the budgeting regulations;

In the regulations on planning financial and economic activities.

According to the budgeting regulations, employees of the financial and economic service carry out a monthly analysis of deviations of the company's actual performance indicators from the planned ones. For this purpose, actual budget statements are prepared at the end of each month.

In addition, this provision lays down the procedure for filling out interrelated plans:

Budgets of commercial and non-profit divisions;

Functional budgets;

Budget of bank expenses;

Capital budgets;

Cash flow budget;

Budget of income and expenses by objects, brands;

Forecast balance.

2. Accounting issues.

Accounting issues are reflected in:

Regulations on conducting an inventory;

Regulations on accounting of fixed assets;

3. Legal issues.

4. Issues of conducting inspections.

Local acts regulating these issues may include the following: regulations on the control and audit service, regulations on the audit commission, regulations on conducting an audit.

5. Personnel issues.

For example, the regulation on personnel training determines the goals, objectives of training, main types of training, the procedure for interaction between the company's structural divisions, the responsibilities, powers and duties of employees when organizing training for company personnel. Such a document is developed in order to systematize actions and procedures aimed at training and development of personnel, to ensure the professional growth of employees and optimize the company’s costs for training, establishing mutual rights and obligations of the company and its employees.

Employees must be familiar with the local regulations of the organization.

• The provisions of these documents must comply with legislative labor standards and not worsen the employee’s position.
• Acts are valid for a certain period of time (most often quite long) and then must be re-approved, with all necessary changes made to the documents.
• There are several of the most important local regulations that apply to all organizations:

1. Collective agreement.
2. Agreement on occupational safety and health (OHS).
3. Internal labor regulations.
4. Staffing schedule.
5. Regulations on personal data of employees.
6. Vacation schedule.
7. OT Instructions.
8. Regulations on remuneration.
9. Job and work instructions, etc.

Regulations can be either mandatory or non-binding.

Mandatory local acts in the organization 2018

After all, if the management of the company or individual entrepreneur comes to the conclusion that these documents are to be rejected, they will have to quickly develop detailed employment contracts with each of the currently working team members. Local regulations Regulations on bonuses, wages, and vacations are considered not mandatory, but very useful documents that allow you to systematize information that is important for company employees. Some experts classify the vacation schedule as mandatory regulatory documentation, which, like all local regulatory documentation, is developed in the manner established by Article 372 of the Labor Code of the Russian Federation.
This position is supported by the letter of Rostrud dated October 31, 2007 No. 4414-6.

Regulatory acts of the organization Return back to Local Act Mandatory local regulations that every employer must have include: - staffing table; - vacation schedule; - time sheet; - internal labor regulations; - regulations on wages and bonuses. This provision is mandatory only if the remuneration system, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, as well as a system of additional payments and incentive allowances and the bonus system is not reflected in the collective agreement or in another local act of the organization, for example, in the internal regulations (Article 135 of the Labor Code of the Russian Federation); - a local regulatory act that specifies the positions of employees with irregular working hours.

Local regulations for 2018: everything a personnel officer needs to know

Attention

Federal Law of December 8, 2003 N 161-FZ) Popular questions Article 26. Conditions for the execution and serving of punishment in the form of compulsory labor 1. Those sentenced to compulsory labor are obliged to: comply with the internal regulations of the organizations in which they are serving compulsory labor, treat labor conscientiously ; work at the facilities designated for them and complete the period of compulsory work established by the court; notify the criminal-executive inspection about the change of place of residence, and also appear when called. (as amended. Vacation schedule: procedure for drawing up, filling out and approving In the event of a convicted person’s absence from work and his violation of labor discipline, the employer should inform the criminal-executive inspectorate about this.

As approved by the LNA For each local regulatory act, it is necessary to follow the necessary procedure for its entry into force, even if it is not mandatory. The draft local act must be sent to the trade union body and approved in the prescribed manner. The trade union either agrees with the project, or a protocol of disagreements is drawn up.
In the latter case, negotiations must be held between the company administration and trade union representatives. An official can approve a local act in this form, however, in case of disputes, the trade union can challenge its action in court. If there is no such body at the enterprise, then this step is omitted.
In addition, it is necessary to take into account that the official who will put the document into effect must have the necessary authority to do so.

Mandatory local regulations for LLCs

Return to Local Act Mandatory local regulations that every employer must have include: - staffing schedule; - vacation schedule; - time sheet; - internal labor regulations; - regulations on wages and bonuses. This provision is mandatory only if the remuneration system, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, as well as a system of additional payments and incentive allowances and the bonus system is not reflected in the collective agreement or in another local act of the organization, for example, in the internal regulations (Article 135 of the Labor Code of the Russian Federation); - a local regulatory act that specifies the positions of employees with irregular working hours.
Federal Law of December 8, 2003 N 162-FZ) Criminal Executive Code of the Russian Federation SPECIAL PART Section II. We are drawing up internal labor regulations. In relation to convicts who maliciously evade serving compulsory labor, the penal inspection sends to the court a proposal to replace compulsory labor with another type of punishment in accordance with part three of Article 49 of the Criminal Code of the Russian Federation. Article 30. Malicious evasion from serving compulsory labor 1.

A convicted person is considered to have maliciously evaded serving compulsory work: (as amended by Federal Law No. 161-FZ of December 8, 2003) a) failing to perform compulsory work more than twice within a month without good reason; b) violated labor discipline more than twice within a month; c) disappeared in order to evade serving a sentence. 2.
The vacation schedule approved by each employer annually must be developed taking into account the opinion of the elected body representing the interests of employees (if any). If the enterprise does not have a trade union organization, the schedule is drawn up at the discretion of the employer. Rules for the provision of annual additional paid leave with irregular working hours in organizations financed from the federal budget, approved by Decree of the Government of the Russian Federation dated December 11, 2002 No. 884 “On approval of the Rules for the provision of annual additional paid leave with irregular working hours in organizations financed from funds federal budget”, the duration of additional leave for the relevant positions is established by the internal labor regulations of the organization.

Mandatory local regulations of the organization 2018

Important

Rules and instructions on labor protection for workers For each position, specialty or type of work performed, special rules and instructions on labor protection must be developed and approved. An example of an instruction for a position could be “Occupational Safety Instructions for a Human Resources Manager” or “Occupational Safety Instructions for an Electrician.” An example of an instruction for the type of work performed could be “Instructions for working on a circular plate” or “Instructions for labor protection when working at height.”

Mandatory local regulations of the organization 2016

Info

Local acts: types, purpose, procedure for acceptance And, of course, provide such agreements for newly hired employees. The decision is up to employers. It remains to weigh the pros and cons of both formats and make the final choice. This might also be useful:

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Is the information useful? Tell your friends and colleagues Dear readers! The materials on the TBis.ru website are devoted to typical ways to resolve tax and legal issues, but each case is unique.

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Local regulations of the organization: what are they, list of basic documents Important This document regulates the procedure for imposing penalties and incentive measures. All issues regulating labor relations that arise within each specific enterprise are fixed by the Internal Labor Regulations. This provision is enshrined in Art. 189 Labor Code of the Russian Federation.

• issue an order to hire the convicted person;
• familiarize him, against signature, with the internal regulations of the organization, safety precautions and industrial sanitation;
• keep a daily time sheet reflecting the number of hours worked;
• monthly send a copy of the report card to the inspectorate and inform it about the convict’s absence from work and violations of labor discipline committed by him.

The time of compulsory work of a convicted person cannot exceed:

• four hours on weekends and on days when the convicted person is not engaged in his main job, service or study;
• on weekdays - two hours after the end of work, service or study, and with the consent of the convicted person - four hours.

Details in the materials of the Personnel System: 2. Regulatory framework: Criminal Code of the Russian Federation Article 49. Compulsory work 1.

Every organization, regardless of its size and scope of activity, must develop local regulations (LNA). Entrepreneurs who are faced with the need to draw up these documents for the first time may have a number of questions. Why are local acts needed? Who is responsible for developing them? In what order are these acts approved? Answers to these and other questions can be found in the article.

What are local regulations?

Local regulations of an organization are internal documents that establish the rights and obligations of the employer and hired employees to the extent not regulated by current legislation. The full definition is given in Art. 8 Labor Code of the Russian Federation. The employer has the right to develop any LNA taking into account his needs. Documents should not contain norms that reduce the level of rights and guarantees of working personnel approved by law. The responsibility to develop this documentation lies with the organization’s personnel service.

Documents are drawn up with the aim of adapting labor legislation to the characteristics of a particular company. Local acts concern the workforce as a whole, and are also applied to individual work with each employee. It should be noted that the Labor Code of the Russian Federation does not indicate the types of local regulations and the list of documents that are such. Moreover, it does not define the term.

Types of local regulations

The main types of local acts can be divided into:

• mandatory (the presence of these documents in the organization is established by law);
• optional (not provided for by labor legislation).

Depending on the scope of action of LNA there are:

• of a general nature (the provisions specified in them apply to all employees of the company without exception);
• of a special nature (the norms prescribed in them are applied in individual cases).

According to the method of accepting LNA there are:

• accepted personally by the employer;
• adopted taking into account the opinion of the representative body of the working personnel.

We have already examined local regulatory legal acts, concepts, types. Now you need to find out which documents relate to LNA.

List of main local regulations

What are the local regulations? In accordance with the norms of the Labor Code of the Russian Federation, organizations must develop the following documents:

• staffing schedule;
• internal labor regulations;
• regulation on the protection of personal data;
• shift schedule;
• vacation schedule;
• regulations on the working day schedule;
• labor protection rules and instructions;
• regulations on the establishment of wages, salaries, tariff rates;
• regulations on establishing a bonus system;
• regulations on certification;
• regulations on the introduction, replacement and revision of labor standards in the organization.

Examples of optional local acts: job descriptions, personnel regulations, regulations on the labor dispute commission, etc.

Collective agreements and agreements do not relate to local acts.

Examples of local regulations

If an employer needs to develop a local act, a certain sample can be taken as a basis. But it must be taken into account that local acts must reflect the specifics of a particular enterprise, so even the best example will require careful analysis and processing. There are no unified forms or specific requirements for the preparation of documents, so the person responsible for their development must know the general requirements of labor legislation. Only then will the documents have legal force.

Examples of local regulations can be found in the links above. In addition, there are samples of industry-specific LNAs, the content of which has already been edited taking into account the specifics of a particular industry. Current forms of local acts are presented in albums developed by specialists of the All-Russian Scientific Research Institute of Documentation and Archiving (VNIIDAD).

Drawing up an order for approval of local acts

The order on approval of local acts is the main document providing internal regulation of the organization’s work. The “header” of the order is drawn up according to the established template, after which you must indicate the order number and the date of its preparation. The document should list all types of LNA that will be developed and adopted in the future. Rules for drawing up local acts can be found in Resolution of the State Standard of the Russian Federation dated 03.03.2003 No. 65-st.

Procedure for accepting LNA

The adoption of local regulations consists of the following stages:

• Development of documentation.
• Coordination with elected representatives of employees, experts, representatives of higher organizations.
• Approval by the employer (is a necessary condition for confirming the legal significance of the document).
• Introduction.

Each local act should be marked “I approve”. It is placed after the document has been agreed upon and signed by all responsible persons. The LNA comes into force immediately after approval by its head or from the date specified in the text part of the document.

Company employees should be familiarized with all accepted documents relating to their work activities, subject to signature. This requirement is specified in Art. 68 Labor Code of the Russian Federation. The fact that the working personnel have familiarized themselves with the documents is confirmed by affixing signatures on the familiarization sheet (full name and date of familiarization are indicated) or in a separate journal.

Natalia Plastinina, Head of the Legal Support Sector

Employers, with the exception of employers - individuals who are not individual entrepreneurs, adopt local regulations containing labor law norms (hereinafter referred to as local regulations), within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms , collective agreements, agreements (Article 8 of the Labor Code of the Russian Federation).

Specified in Art. 8 of the Labor Code of the Russian Federation, the procedure for adopting local acts involves four options for their adoption:

1) with the obligatory coordination of the local act with the representative body of workers (usually, but not always, this is the primary trade union organization. - Note author; hereinafter in the text can be used in the meaning of “trade union”) due to legal requirements;
2) with the mandatory approval of the local act with the representative body of workers due to the requirements of the collective agreement, agreement;
3) without taking into account the opinion of the representative body, subject to the obligatory agreement with it;
4) without taking into account the opinion when approval is not required or in the absence of a representative body.

1. Adoption of a local act taking into account the opinion of the trade union in accordance with the requirements of the law.

In cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, when adopting local regulations, the employer takes into account the opinion of the representative body of employees (if there is such a representative body) (Part 2 of Article 8 of the Labor Code of the Russian Federation) .

When is the union's opinion taken into account?

The Labor Code of the Russian Federation names several such cases when, in order to make a particular decision, as well as local acts, the employer takes into account the opinion of the relevant trade union body:

introduction, as well as abolition of the part-time working day (shift) and (or) part-time working week regime earlier than the period for which they were established (Article 74 of the Labor Code of the Russian Federation);

making a decision on possible termination of the employment contract in accordance with paragraphs. 2, 3 or 5 Part 1 Art. 81 of the Labor Code of the Russian Federation with an employee who is a member of a trade union (Article 373 of the Labor Code of the Russian Federation);

when determining the forms of professional training, retraining and advanced training of workers (Article 196 of the Labor Code of the Russian Federation);

in some cases, involvement in overtime work (Article 99 of the Labor Code of the Russian Federation);

in some cases, attracting creative media workers to work on weekends and non-working holidays (Article 113 of the Labor Code of the Russian Federation);

approval of the vacation schedule (Article 123 of the Labor Code of the Russian Federation);

approval of the shift work schedule (Article 301 of the Labor Code of the Russian Federation);

approval of shift schedules (Article 103 of the Labor Code of the Russian Federation);

adoption of acts regulating remuneration systems for employees of state and municipal institutions (Article 144 of the Labor Code of the Russian Federation);

adoption of a local act in the field of increasing wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions (Article 147 of the Labor Code of the Russian Federation), for work at night (Article 154 of the Labor Code of the Russian Federation);

adoption of local regulations providing for the introduction, replacement and revision of labor standards (Article 162 of the Labor Code of the Russian Federation);

adoption of internal labor regulations (Article 190 of the Labor Code of the Russian Federation).

2. Adoption of a local act taking into account the opinion of the trade union due to the requirements of the collective agreement or agreement.

A collective agreement or agreements may provide for the adoption of local regulations in agreement with the representative body of workers (Part 3 of Article 8 of the Labor Code of the Russian Federation). These are cases when the law does not put forward a requirement to take into account the opinion of the trade union, and the parties to labor relations independently determined the list of such cases and voluntarily assumed obligations for precisely this procedure for the adoption of local acts.

The procedure for taking into account the opinion of the elected body of the primary trade union organization (trade union) when adopting local regulations is established by Art. 372 Labor Code of the Russian Federation. Schematically, the order is as follows (see Diagram No. 1):

Scheme No. 1

The employer is developing a draft local act

3. Adoption of a local act without taking into account the opinion of the trade union, although it must be taken into account.
In this case, a local regulatory act adopted without compliance with Art. 372 of the Labor Code of the Russian Federation, the procedure for taking into account the opinion of the representative body of employees, is not subject to application.

4. Adoption of a local act in the absence of a trade union
What if there is no trade union?
In this case, the local act undergoes appropriate coordination with the internal services of the employer and is approved by the authorized body of the enterprise (general director, chairman of the board, president, etc.) without following the above procedure for approval with the trade union.

REMEMBER: norms of local regulations that worsen the situation of workers in comparison with established labor legislation and other regulations containing labor law norms, collective agreements, agreements, as well as local regulations adopted without compliance with the established Art. 372 of the Labor Code of the Russian Federation, the procedure for taking into account the opinions of the representative body of employees, are not subject to application. In such cases, labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements are applied.

I. Types of local acts and their content

Surprisingly, the Labor Code of the Russian Federation, except for the “Internal Labor Regulations,” does not name any of the types of local acts. It is assumed that the employer has the right to adopt any number of local acts to regulate any process at his enterprise. Let's consider what and in what areas, with the help of what local acts, employers are mostly trying to regulate.

1.1. Local acts in the field of operating modes

1.1.1. "Internal labor regulations"

According to Art. 189 of the Labor Code of the Russian Federation, labor regulations are determined by the internal labor regulations.
"Internal labor regulations" - a local regulatory act that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer.
The procedure for approving internal labor regulations is provided for in Art. 190 Labor Code of the Russian Federation. When adopting this local act, it is necessary to take into account the opinion of the representative body of workers in the manner established by Art. 372 of the Labor Code of the Russian Federation (see Diagram No. 1). Internal labor regulations are usually (but not necessarily) annexed to the collective agreement.
The “Internal Labor Regulations” (hereinafter referred to as the Rules) indicate:
1) general provisions (the rules of law on the basis of which the Rules are developed, what the Rules regulate, how they are approved and amended, whether the Rules are an annex to the collective agreement);
2) the procedure for hiring, dismissing and relocating employees, formalizing labor relations;
3) the rights and obligations of the parties to labor relations - the employee and the employer;
5) generally established work schedule and rest time;
6) a list of positions for which an irregular working day may be established, indicating the duration of additional annual paid leave for an irregular working day, the procedure for their provision (can be drawn up as a separate appendix to the Rules);
7) terms, place and procedure for issuing wages (briefly, if the organization has a separate “Regulation on Remuneration”, or in full, if there is no such local act);
6) the system of incentives for work provided for in the organization (it is possible to present only brief provisions and refer to the separately existing “Regulations on Bonuses” in the organization);
7) general provisions on disciplinary liability of employees for violation of labor discipline (possibly in the form of general provisions from Article 192 of the Labor Code of the Russian Federation and a reference to the presence in the organization of the “Regulations for the Application of Disciplinary Sanctions”);
8) provisions on the financial liability of the parties to the employment contract;
9) final provisions, including the loss of force of previous Rules from the moment the new ones are approved; dispute resolution procedure, etc.

REMEMBER: every employee must be familiar with the Rules upon signature.

2. Local acts in the field of remuneration

2.1. Regulations on remuneration

The regulation on remuneration in the form of a separate document is most often adopted due to the possibility of its acceptance, as well as changes without taking into account the opinion of the trade union (with the exception of state and municipal institutions - see Article 144 of the Labor Code of the Russian Federation). After all, the procedure for paying wages in an organization may change.
The regulation on remuneration may be adopted as an annex to the “Internal Labor Regulations”. In this case, the opinion of the trade union when adopting it will automatically be taken into account in connection with the special procedure for the adoption of the “Internal Labor Regulations”.
The wage regulations contain the following information:
- dates of payment of advance payment and wages;
- the procedure for paying vacations;
- the procedure for paying severance pay;
- the procedure for paying the accrued bonus;
- the procedure for other payments (material assistance, social insurance benefits);
- the procedure for making payments in the event of a due date on a non-working day;
- the procedure and conditions for postponing payments.

2.2. Regulations on bonuses

The regulation on bonuses is a narrowly targeted local act that provides for a bonus system in the organization. As a rule, the Bonus Regulations contain the following provisions:
1) Regulatory and local acts of the employer, on the basis and in pursuance of which the Regulations on bonuses were developed;
2) List of structural units (branches, directorates, departments or even a separate category of employees) to which this Regulation on bonuses applies;
3) Types of bonuses (one-time, monthly, quarterly, year-end);
4) Conditions and procedure for calculating a particular bonus;
5) The procedure for paying the bonus;
6) Exceptions to the rules (for example, in terms of the right granted to the general director to give instructions on the payment of a bonus not provided for by these Regulations on bonuses to any employee, including those who are not covered by these Regulations, or in amounts not provided for by these Regulations on bonuses ;
7) Final provisions on the procedure for amending this local act.

An employer may adopt a local incentive act with broader provisions, which would provide not only a cash bonus, but also other types of incentives:

Placement on the honor board,
- recognition as the best in the profession,
- rewarding with a valuable gift, etc.
In this case, the procedure for implementing these types of incentives will already be provided.

2.3. Regulations on the payment of financial assistance

This local act is not necessarily a tribute to the prestige of the organization. Such acts exist not only in giant enterprises, but also in industries with small teams. The purpose of this local act is to regulate the cases and procedure for financial support by the employer of its employees.

The provision for the payment of financial assistance may include the following provisions:
- cases of providing financial assistance (death of close relatives, fire, accident, flooding, etc.);
- amount of financial assistance;
- the procedure for determining the amount of financial assistance;
- documents necessary to resolve the issue of payment of financial assistance;
- deadlines for resolving the issue and making payments after the employee provides the entire package of documents.

2.4. Regulations on business trips

This local act can rather be attributed to acts in the field of regulation of the production process, since it is primarily intended not so much to determine the amount of travel allowances, but rather the procedure for agreeing on a business trip and reporting for the amounts spent by the employee. This travel provision includes:
- the procedure for initiating, justifying and making decisions on business trips
- procedure for agreeing on travel expenses
- approved limits for travel expenses (broken down by item)
- documents confirming expenses
- expenses that are reimbursed in a fixed amount if supporting documents are not provided and the maximum amount of these expenses
- procedure for reimbursement of travel expenses, limits on these expenses
- limits on all expenses depending on the position of the traveler and other indicators
- regulation of other issues related to business trips.

3. Local acts in the field of regulation of the production process

This is the widest group of local acts. The law does not provide for taking into account the opinion of the trade union when adopting these acts. Moreover, both collective agreements and agreements most often do not require the approval of these local acts, since they do not directly relate to any rights and guarantees of workers, but only regulate the production process. Such local acts include, for example (but not exclusively) the following:
- The procedure for developing, approving and storing job descriptions;
- Rules for concluding contracts with third parties;
- Instructions for office work at the enterprise;
- Instructions for telephone market monitoring;
- Instructions for document flow between divisions of the enterprise;
- Regulations for the development of a sales network in the region;
- etc.
These acts do not directly affect the rights of employees and do not describe the procedure for calculating bonuses and bonuses. Their only goal is to regulate a particular production process from “A” to “Z”, so that with the specified instructions (regulations), a new employee can independently determine for himself the algorithm of his actions in a given situation without making the typical mistakes of his predecessors that they made in period of absence of an appropriate regulatory framework.

These local acts, as a rule, are adopted without taking into account the opinion of the representative body, unless otherwise provided by the collective agreement.
A “simplified” procedure (without agreement with the trade union) does not mean that it is not necessary for all workers involved in the regulated production process to become familiar with this local act.

4. Local acts in the field of labor discipline and ethics

A very interesting local act in terms of content. It can be either short and containing only general requirements, or extensive with specific restrictions and prohibitions. Regulates the rules of conduct of employees at the enterprise and outside it when representing the interests of the enterprise. Contains approximately the following provisions:
- requirements for politeness;
- requirements for normative vocabulary;
- requirements for the style of clothing, shoes, hairstyle (including depending on the time of year or occasion);
- general neatness requirements.

4.2. Regulations on disciplinary sanctions

This local act contains a detailed regulatory framework for the correct (legal) punishment of an employee. As a rule, it exists in large, branched organizations with branches and departments. It is created as a practical guide for managers and personnel officers of structural divisions of various regions of the same organization. The regulations on disciplinary sanctions contain:
- types of punishments for violation of labor discipline (according to Article 192 of the Labor Code of the Russian Federation, sometimes - and the disciplinary Charter, if any);
- the procedure for recording a violation;
- the procedure and timing of the investigation of the violation;
- a list of documents that must ultimately be generated for various violations of discipline;
- the condition for making a decision on punishment by the head on the recommendation of officials of a certain rank;
- exceptions to the rules;
- the procedure for dismissal for violation of discipline.

II. Controversy

Disputes concerning the norms of local acts can be divided into:

challenging the very norms of local acts

challenging the employer's actions based on illegal provisions of the local act.

In the first case, we are talking about challenging all or part of a local act, not applicable to anything other than a clear violation of the procedure for adopting a local act, and to a possible violation of the rights of an employee by this act.

In the second case, disputes are not based on the local act itself, but are connected with it. These are disputes about challenging disciplinary sanctions for failure to comply with those instructions and regulations, which the employee, alas and inopportunely, was not familiarized with in time...

Let's look at the subtypes of these two different types of disputes.

2.1. Challenging the norms and procedures for the adoption of local acts

Many employers, despite the transparency of Art. 372 of the Labor Code of the Russian Federation on the procedure for approving local acts, do not fully understand the scope of their rights and obligations. This may result in the initiation of an unlawful dispute. However, the court is able to figure out who has the right to what and whether this or that action of the parties coordinating the local act is subject to challenge.

Practice: the enterprise filed a lawsuit against the primary trade union organization to declare illegal the decision of the primary trade union organization to refuse to agree on the work schedule of repair shop workers for 2012. The court found that due to the ineffectiveness of the current work schedules of the repair shop, the company's management developed a new work schedule for 2012, which provided for work with a working day of 8 hours in one shift, alternating weekends and working days on a sliding schedule. According to the existing schedules, work was carried out in two, three, four shifts. The developed schedule was sent to the primary trade union organization for approval in accordance with Art. 372 of the Labor Code of the Russian Federation, however, approval was refused. The court, analyzing the norm of Art. 372 of the Labor Code of the Russian Federation, indicated that this norm defines the procedure for resolving a dispute between the administration of an enterprise and a trade union organization by adopting a local normative act, which does not provide for challenging the opinion of the trade union organization in court. In addition, the opinion of the primary trade union organization about disagreement with the draft local regulatory act does not prevent the employer from adopting it. The court concluded that there were no grounds for the employer to apply to the court to challenge the decision of the primary trade union organization to refuse to approve a new work schedule for the repair shop workers. Consequently, the employer’s application on the basis of clause 1, part 1, art. 134 of the Code of Civil Procedure of the Russian Federation is not subject to consideration in civil proceedings. In connection with the above conclusions, the higher court canceled the erroneous decision of the court of first instance (on satisfying the employer’s demands) and dismissed the case (decision of the Dimitrovgrad City Court of the Ulyanovsk Region dated 06/07/2012; appeal ruling of the Ulyanovsk Regional Court dated 08/07/2012 in the case- 33-2380/2012) .

Conclusion: the employer is not allowed by law to challenge the trade union’s refusal to approve a local act.

Workers also have little understanding of their rights in challenging employer acts. Therefore, quite often in judicial practice one can encounter a situation where an ordinary employee alone tries to challenge any local act of the employer. Meanwhile, the rights of an employee who does not have the proper powers to represent the interests of the work collective (which belong, for example, to the chairman of a trade union) are severely limited by the norms of the Labor Code of the Russian Federation. And he does not have the right to appeal the local act.

Practice: An employee of a budgetary institution filed a lawsuit to declare a local regulatory act illegal and to repeal it. In support of the stated requirements, she indicated that she is in an employment relationship with the employer, who issued the order “On approval of the estimated standard of service...”. According to the specified local act, her labor intensity is doubled compared to the recommended standards. According to the provisions of Art. 162 of the Labor Code of the Russian Federation, local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer taking into account the opinion of the representative body of employees. Employees must be notified of the introduction of new labor standards no later than two months in advance. The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations is determined by Art. 372 Labor Code of the Russian Federation. However, this local act was adopted by the defendant in violation of the provisions of Art. Art. 160, 162, 372 Labor Code of the Russian Federation. The court found that the plaintiff has the authority to represent the interests of employees to put forward demands to the employer to challenge a local regulatory act in the manner prescribed by Chapter. 61 of the Labor Code of the Russian Federation, there is no, and there is also no authority to appeal the local regulatory act adopted by the defendant in the manner specified in paragraph. 4 tbsp. 372 Labor Code of the Russian Federation. In such circumstances, since the Labor Code of the Russian Federation does not contain a rule allowing an employee to challenge a local regulatory act in court in the manner established for resolving individual labor disputes, the plaintiff’s demands for recognition of the local regulatory act as illegal and its repeal, within the framework of the plaintiff’s chosen method of protecting the violated right are not subject to satisfaction. Based on the above, the court left the employee’s claims against the employer without satisfaction (decision of the Koryazhemsky City Court of the Arkhangelsk Region dated June 20, 2012 in case No. 2-459) .

Conclusion: the employee is not given the right by law to challenge a local act in an individual dispute.

Among the legal disputes, there are also disputes based on an incorrect interpretation of the provisions of Art. 372 of the Labor Code of the Russian Federation, inattentive reading of this norm, as well as an incorrect understanding of the concept of a representative body of workers. However, in this case, the court, being attentive to the points of view of the disputing parties, nevertheless carefully analyzes the rules of law and law enforcement practice, drawing the correct conclusions, which often do not coincide with the point of view of one or both parties to the dispute.

Practice: the dispute flared up over the “Regulations on Remuneration” - a local act introducing a new system for distributing bonuses among teams of workers. The challenge was carried out due to non-compliance with the requirements of Art. 372 Labor Code of the Russian Federation. However, the court found that there were two bodies at the enterprise: - the primary trade union organization of the OJSC, which unites less than half of the employees of the OJSC, and another representative body elected by the employees of the OJSC - the Labor Collective Council. It was with the latter body, representing the interests of more than half of the workers, that it was agreed upon in accordance with Art. 372 of the Labor Code of the Russian Federation is a controversial local act. The court, making a decision to refuse to recognize a local act as illegal due to improper approval, indicated that Art. 372 of the Labor Code of the Russian Federation requires coordination of the draft local regulatory act with the elected body of the primary trade union organization, representing the interests of all or the majority of employees, which was done by the employer. Taking into account the observance of the procedure for adopting a local act and the failure to detect violations of the rights of workers by the new “Regulations on remuneration”, the court did not find any grounds for declaring it illegal (decision of the Ust-Ilimsk City Court of the Irkutsk Region dated December 20, 2011 in case No. 2-3609/2011 ) .

Conclusion: the draft local act is subject to approval by the elected representative body of workers, representing the interests of all or the majority of workers, and not less than half.

Courts by courts... But cases of peaceful resolution of controversial issues, the result of which becomes both the legality of a local act and the satisfaction of the demands of the initiator of the dispute, are not so rare in law enforcement practice. For example, a regulatory authority.

Practice: The prosecutor's office conducted an inspection among the municipal educational institutions of the district and identified violations in one of the schools, which manifested themselves in the form of a discrepancy between the norms of two local acts and the norms of legislation. In connection with this, the prosecutor lodged a protest with the school director, and also gave an order to bring both local regulations into compliance with current legislation. Due to the slowness of the school management in responding to the protest, the prosecutor had to go to court with the relevant demands, which during the consideration of the case he refused due to the voluntary compliance with the prosecutor’s demands. The school management made appropriate changes to local regulations, which were officially reported to both the prosecutor and the court (decision of the Dolzhansky District Court of the Oryol Region dated April 18, 2012) .

Conclusion: a dispute initiated in court can be settled by voluntary correction of the content of local acts.

2.2. Challenging employer actions based on local acts

Employees, if they do not “raise” to challenge the legality of the local act itself or part of it, in most cases challenge orders for disciplinary sanctions issued on the basis of local acts declared invalid, illegal, no longer in force, or even simply not brought to the attention of workers in the proper manner . And the courts, if these facts are established, as a rule, recognize the punishment applied to the employee as illegal, canceling the order imposing it at the request of the employee.

Practice: the employee filed a claim with the employer to challenge the punishment order. In support of the claim, he indicated that he was reprimanded for improper performance of official duties recorded in the job description, which the plaintiff was not familiar with. At the court hearing, it was established that the plaintiff was indeed not familiar with the job description, which is confirmed by the absence of his signature on familiarization. The defendant’s argument that the plaintiff was familiar with this job description, since, being the chairman of the trade union committee, he approved it, the court considers it unfounded, since the job description was agreed upon with the plaintiff precisely as the chairman of the trade union committee, and not as an employee. Due to his official duties as the chairman of the trade union committee, the plaintiff also agreed on job descriptions for other workers, however, this circumstance does not give the defendant the right to demand that the plaintiff perform duties in accordance with the job descriptions of other employees for other positions, which the plaintiff also signed by virtue of his positions. The court concluded that the defendant did not have the right to demand from the plaintiff the performance of duties not assigned to him in accordance with current legislation. In this regard, the court declared the imposition of a disciplinary sanction in the form of a reprimand for failure to fulfill official duties illegal. Based on the above, the court satisfied the employee’s request, declaring the order of punishment illegal (decision of the Avtozavodsky District Court of Nizhny Novgorod in case No. 2-244/11) .

Conclusion: failure to familiarize yourself with any local documents against signature that directly affect the labor rights and freedoms of the employee frees the employee from the obligation to comply with them due to actual ignorance of them.

Analyzing the theory and practice in the field of adoption and application of local acts, it can be stated that not only the content of local acts requires care and thoughtfulness, but also the procedure for adopting a local act, provided for by law or collective agreement, must be complied with without fail. It is necessary not only to know the pitfalls in the development, adoption and application of local acts, but also to understand the risks that arise when this procedure is violated. One of these risks is the risk of recognizing a local act as illegal and inapplicable to labor relations with an employee. In turn, the lack of a basis for disciplining employees leads to the helplessness of the employer: it is impossible to punish, and it is wrong to release the brakes. A punishment based on the norms of an illegal or inapplicable local act can be successfully challenged in court by the punished employee.

The adoption of a local act “according to the rules” minimizes risks as much as possible.

In labor legislation you can often find references to LNA, the decoding of this concept is local regulatory act . There are a great many papers in the document flow of companies - orders, regulations, orders, schedules, contracts, etc. And what are local regulations from all these documents? How to formalize and approve them? And which ones are required? These questions are answered in the Labor Code and letters from Rostrud.

What is LNA

First, let's break the concept down into its components:

• local – this means it operates within the organization;
• normative - contains rules that everyone, without exception, must obey - both workers and management;
• act - document.

What is LNA

As a result, we get that LNA is an internal law of the organization, which applies to all staff units.

Article 8 of the Labor Code does not regulate publication in any way LNA, but warns that they must not violate the position of employees, otherwise they will be declared invalid.

Local regulations in labor law are internal laws that apply only to the entire team. That is orders or instructions regarding a specific employee are not LNA, but an individual act. The Labor Code does not relate the collective agreement and agreements to it to the LNA, because Article 8 says that the adopted LNA must not contradict the collective agreement. That is the collective agreement stands apart.

But here appendices to the collective agreement are natural local regulations, examples of them could be:

• PVTR;
• regulations on bonuses and remuneration;
• provisions on personal data, etc.

Attention!

Nuance: The listed annexes are not necessarily attached to the collective agreement; they can also be independent documents.

Rostrud also includes the following as LNA:

• staffing schedule;
• regulations on certification;
• labor safety instructions.

Nuance: When registering a new employee, the Labor Code obliges him to familiarize him with all LNA, but this does not at all apply to the staffing table, because it is in no way related to his work activity (Letter of Rostrud dated May 15, 2014)

Timesheets or vacation schedules cannot be attributed to LNA, because these are administrative acts, not normative ones.

Responsibility

Since LNA are internal laws, violation of them can be held accountable: employees to disciplinary action, and the director to administrative responsibility.

Types of local regulations

According to their status, LNA can be divided into mandatory(at the request of the labor
legislation) and additional(at the discretion of the employer). Basic regulatory legal acts, that is, mandatory ones, according to the Labor Code, should be in every organization:

• regulation on personal data (Article 86);
• regulations on remuneration (Article 135);
• PVTR (Article 189);
• regulations or rules on labor protection (Article 212);
• Regulations on certification (Article 81).

Additional, that is, optional, include all other acts, for example:

• OK provision;
• job descriptions;
• regulations on business trips;
• regulation on checkpoint, etc.

Acts are also divided into methods of adoption:

• accepted by the director alone;
• accepted collectively, taking into account the opinion of the team or trade union.

The opinion of the team or trade union must be taken into account when making decisions.:

• PVTR;
• payment provisions;
• position or orders according to prof. employee training;
• regulations on certification;
• standards for issuing protective equipment to employees (if they are not specified in the collective agreement).

The collective agreement may also stipulate other acts that are adopted only jointly with the collective.

Sole approval of LNA

If the opinion of the collective can be ignored, then acts are adopted as follows:

• a draft act is being developed;
• agreed with stakeholders;
• approved by the director.

The employees with whom you need to coordinate the act are the heads of departments who will directly work with this document. For example:

• remuneration is agreed with the chief accountant and economist;
• Regulations on the HR department - with the head of the OK;
• about labor protection - with an occupational safety engineer.

And of course It is better to coordinate all acts with a lawyer, with his visa he will confirm compliance with the laws.

The approval, of course, is confirmed by an order. For clarity, here is about the approval of the staffing table.

Collective acceptance of the LNA

The entire procedure for taking into account the opinion of a trade union or collective when approving acts is described in detail in Article 372 of the Labor Code. The opinion can be expressed either by the chairman of the company's trade union or by a representative of the team. Representatives are chosen by the team at the meeting and their choice is recorded in the minutes. The minutes can be kept by a secretary. The protocol is written in any form and signed by the employees participating in the voting. Pay attention to the signatures - they must be real. In a disputed situation, an inappropriate signature can create a problem.

The procedure for accepting LNA is as follows:

• the director sends the draft act to the representatives of the team (a written notification is required, in which the representative signs for acceptance);
• after a maximum of 5 working days, the director must be informed of the representative’s opinion regarding the act (that is, what is acceptable and what is not);
• if agreement is reached, the LNA is approved by the director (a mark is placed on the first page that the act was adopted taking into account the opinion of the team, which the representative will sign);
• if there are disagreements, the director is obliged to notify the representative about the negotiations within 3 days (notification is also in writing with a mark of receipt);
• negotiations are recorded and signed by the director and representatives;
• if the parties agree peacefully, the act is accepted;
• if controversial issues remain, the director approves the act individually, but employees can appeal it to the State Tax Inspectorate;
• within a month from the moment the complaint is accepted, the GIT inspector must conduct an inspection, and if he sees discrepancies in the LNA with the law, he will issue an order to cancel the act.

The act comes into effect from the date of its approval.

How are LNA issued?

Some acts have a generally accepted form, for example, the staffing table - T-3. The forms are not strictly required and can be customized to suit your company. But there are mandatory inclusions that you can’t do without:

• company name;
• title of the document (instructions, regulations, etc.);
• date of approval and details of the order.

The pages of the act are numbered, the document itself is stitched and sealed. If there are attachments to the act, indicate them and attach them to the document.

Attention!

Team opinion reflected on the first page with the phrase: “ AGREED. Minutes of the trade union committee meeting dated December 10, 2015. No. 1 ».

For example, here you go.

Cancellation, modification and storage of personal data

Acts are canceled or amended in the following cases:

• if the requirement of the law, the norms of which governs the act, has changed;
• if its term has expired;
• a new act was issued canceling the previous one (for example, a new staffing table was approved).

The records are kept in the files of the office, personnel department or other departments. If other employees need them for work, you can issue copies. The storage periods for acts are different; we will talk about them in the article on the nomenclature of files.

We have discussed what local regulations are here. If you need to develop LNA, approach the issue creatively, try to take into account all the features and needs of your company, but do not forget about the legal requirements.