List of local regulations of the organization. Local regulations in the light of recent changes in legislation. Section "General Provisions"

Basic local regulations- regulatory documents that need to be developed, approved and adopted at each enterprise. Requirements are imposed on their content and design, the observance of which guarantees the legal force of normative acts.

From the article you will learn:

A local regulatory act islabor law applicable in the given company

In general, the relationship between an employee and an employer is governed by the provisions of the Labor Code. This collection of legislative acts contains all the norms necessary for the implementation of this interaction. labor law... At the same time, each employer has the right to supplement such norms with its own local regulations that do not contradict the Labor Code of the Russian Federation, taking into account the specifics and production activities of a particular enterprise, and the rules and requirements established therein that regulate internal management processes. Such regulations are drawn up as separate local normative labor acts.

After the local regulation is approved, the document must be registered. To register these documents, the company maintains a special journal. After the document is registered, those employees of the company to whom it concerns must be familiarized with it. The fact that the employee has familiarized himself with the text of this local normative act must necessarily be confirmed by his handwritten signature, affixed with an indication of the date of acquaintance.

Many questions Everyday life organization, as well as its relationship with employees, are not directly regulated by the Labor Code or other regulatory legal acts (federal laws, orders of ministries, etc.). Indeed, unlike other branches of law, in the field labor relations the employer can act as a rulemaker himself. That is, to adopt local acts, which all employees will be obliged to fulfill. Moreover, in some cases, the adoption of such an act is the responsibility of the organization! What is local act? What acts and when should the employer adopt in mandatory? How to correctly apply the norms of these acts? The answers to these and other questions are in our article.

How to distinguish local regulatory from other HR documents

The employer's ability to independently adopt local regulations is stated in the article of the Labor Code, according to part 1 of which organizations and individual entrepreneurship employers have such a right. However, the definitions of the local regulation this article does not contain, noting only that they must necessarily contain labor law norms.

Actually, it is precisely this clarification that makes it possible to separate local regulations from others. personnel documents published by the employer. After all, a rule of law is a generally binding prescription of a permanent or temporary nature, designed for repeated application (clause 2 of the annex to the Resolution The State Duma Federal Assembly RF dated 11.11.96 No. 781-II GD).

Starting from the above quotation, one can define a local normative act.

This is an internal document of the employer (organization or individual entrepreneur), which is designed for repeated use. It establishes the rights and obligations of both the employer himself and his employees (either all or selected categories) in the part of labor relations that is directly labor legislation not settled.

Is that this document is designed for multiple use, there is a difference between local acts and other personnel documents drawn up by the organization. So, various orders (on employment, dismissal, transfer, bonuses, sending on a business trip, etc.) are used only once in relation to a specific employee in a specific situation, and are not designed for repeated use. That is why an order, for example, on hiring does not apply to local legal acts, although it establishes rights and obligations. Such an order is an act of application of law.

But, for example, the provision on bonuses, or the provision on business trips - acts that can and should be used each time a bonus is awarded or when sent on a business trip. Moreover, the employer can apply these acts to any employee at any time. So the named documents are definitely reusable and establish mutual rights and the responsibilities of the employer and employees. This means that the provision on bonuses or business trips can serve as a classic example of a local normative act.

Which is “stronger”: an employment contract or a local act?

So, we figured out the legal nature and signs of local acts. Now it is necessary to decide on its legal force, i.e. place in the hierarchy of other acts regulating labor relations. The article of the Labor Code of the Russian Federation directly states that local acts cannot worsen the situation of workers in comparison with what is fixed in labor legislation, as well as in collective agreements and agreements. If the local act contains similar norms, then they are not applied.

From this it is obvious that the legal force of a local act is less than that of the Labor Code, laws and other regulatory legal acts issued by the authorities state power or local government... And lower than that of collective agreements and agreements.

Let's summarize. Local acts, as documents valid only within one organization (or individual entrepreneur-employer), in their own way legal status stand two steps below the laws and regulations that define the rights and obligations of all employers in the country, and sectoral and intersectoral agreements that govern the relationship of certain groups of employers. And in relation to a collective agreement (for the conclusion of which a very complex procedure is provided), local acts are one step lower.

As for the relationship between a local act and an employment contract, there is a clear rule about which of the documents is more important in Labor Code we will not find. Moreover, according to Art. Labor Code of the Russian Federation, an employment contract cannot contain conditions that restrict rights or reduce the level of guarantees for employees in comparison with what is established in a local act. It follows from this that the local act in force at the time of imprisonment employment contract(or amendments to it), has greater legal force.

But the opposite situation, when a new local act comes into conflict with an employment contract, is not regulated in the Labor Code. However, given that the approval of the local act by the employer by virtue of Art. The Labor Code of the Russian Federation is not a basis for amending the employment contract, it can be assumed that in in this case priority will be given to the employment contract.
Thus, in the relationship between local acts and employment contracts, the principle of an earlier date applies: the document that is adopted (signed) first has priority.

What local acts the employer is obliged to accept

Let's move on to the next question: when can an employer issue a particular local act? There is no direct answer to this question in the article of the Labor Code of the Russian Federation. It says that the acts are adopted by the employer "within the limits of their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements."

The following conclusions can be drawn from this quote. First, the employer can (and sometimes should) accept similar acts in cases directly specified in the Labor Code or other regulatory legal acts. There are many such cases in the Labor Code of the Russian Federation. Moreover, some of them deal specifically with the employer's obligation to adopt the relevant local act. For example, an employer is obliged to adopt the following local acts:

1. Staffing (Articles 15 and 57 of the Labor Code of the Russian Federation).

5. Regulations on remuneration and bonuses, if there are no relevant conditions in the Internal Labor Regulations (Article of the Labor Code of the Russian Federation).
6. The procedure for indexing wages, if this moment is not reflected in the regulation on wages (Art. Labor Code of the Russian Federation).
7. The list of positions of employees with irregular working hours, if such a regime is established for the employees of the organization by an employment contract and the corresponding list is not in the Internal Labor Regulations (Articles and Articles of the Labor Code of the Russian Federation).
8. A local regulatory act providing for the division of the working day into parts (Article of the Labor Code of the Russian Federation), if this is practiced in the organization and these provisions are not included in the Internal Labor Regulations.
9. Document on the approval of the pay slip form (part 2 of article of the Labor Code of the Russian Federation).
10. Provisions on certification, if the organization carried out (or is planning) dismissals under paragraph 3 of Part 1 of Art. Labor Code of the Russian Federation.
11. Rules and instructions for labor protection (paragraph 23, part 2, article of the Labor Code of the Russian Federation).
12. Shift schedule, if the organization uses shift work (Art. Labor Code of the Russian Federation).
13. The procedure for reimbursement of expenses related to business trips, if these provisions are not included in the collective agreement (Art. Labor Code of the Russian Federation).

There are similar requirements in others. legislative acts... In particular, by virtue of clauses 1 and 2 h. 1 of Art. The employer must approve the Federal Law of 29.07.04 No. 98-FZ "On Commercial Secrets". Regulation on protection trade secrets if the employment contract with at least one employee includes conditions for working with information constituting a commercial secret.

Paragraph 6 of clause 2.1.4 of the Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations (approved by the Decree of the Ministry of Labor of Russia, the Ministry of Education of Russia dated 13.01.03 No. 1/29) obliges the employer to approve the List of professions and positions of employees exempted from passing initial instruction at the workplace. This act is adopted if the employer decides not to conduct such instruction in relation to employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials.

Finally, do not forget about the requirements of the Rules. fire regime v Russian Federation(approved by the Decree of the Government of the Russian Federation). According to clause 2 of the Rules, the company must approve the Instruction on fire safety measures.

In other cases, the approval of a local act, even directly mentioned in the Labor Code of the Russian Federation, may be a right, and not an obligation of the employer. For example, if the company does not create a works council, then it is not required to approve the corresponding local act (Article of the Labor Code of the Russian Federation). Let's give another example. If the manager will represent the employer at the conclusion of the collective agreement, then it is not necessary to approve a special local act containing a list of persons authorized to negotiate (Article of the Labor Code of the Russian Federation).

A separate group of local acts is made up of those that are devoted to issues, in principle, not regulated by labor legislation. The decision on the need to develop and approve such documents, as well as on their content, the employer makes independently. So, the employer can adopt a local act regulating the procedure for notifying the employer's employee about the use of personal property for official purposes (Article of the Labor Code of the Russian Federation). Or the provision governing the procedure for providing nonresident employees with housing.

How to accept a local act

The Labor Code contains only the most general provisions regarding the procedure for the adoption of local regulations. So, according to Art. Of the Labor Code of the Russian Federation, if the organization has a trade union, then in cases directly specified in the Labor Code of the Russian Federation, when adopting a local act, the employer must request the opinion of the trade union. For example, such a duty arises when approving the Internal Labor Regulations (Article of the Labor Code of the Russian Federation), the Regulations on Labor Remuneration (Article of the Labor Code of the Russian Federation), the Rules for Compensation of Expenses for Employees Employed in Districts Far north(Article of the Labor Code of the Russian Federation).

In other cases (or in all, if the organization is not burdened by the trade union), local acts are adopted by the employer independently. As for the form, in practice, local acts are most often adopted in the form of various provisions, orders, instructions. The procedure for the preparation and approval of the text of the document within the organization can be any, but here it is finished document must either be directly the head of the organization, or another person authorized by him. Approval can occur as a separate administrative document- by an order or order on the approval of a local act, and in the form of the corresponding requisite "I Approve", or "Approved" on the local act itself. Labor legislation does not contain any restrictions related to this issue.

We will talk separately about the procedure for the entry into force of local acts and how to correctly amend them and cancel the norms that have become unnecessary in the next article.

Article 5 of the Labor Code of the Russian Federation, which provides for a system of sources of labor law, includes local regulations containing labor law norms.

Such documents have all the features characteristic of a regulatory legal act. Local regulations:

They have a state-imperious character. It is the state that gives employers the authority to prepare and adopt local regulations, that is, rule-making competence;

Accepted only by strictly defined entities specially authorized by the state;

Accepted in compliance with the relevant procedures and requirements for form and content;

They have temporal, spatial and subjective limits of action, that is, they spread their action in time, in space and in a circle of persons.

So, local regulations in labor law are documents containing labor law norms adopted by the employer within its competence in accordance with labor law and other normative legal acts containing labor law norms, collective agreements, social partnership agreements.

Local regulations operate within a particular organization or an individual entrepreneur.

Taking this into account, the following features-features of local regulations can be distinguished:

1) the spatial limits of their action are limited: they act only in a specific organization or with a specific individual entrepreneur;

2) the subject of local rule-making is the employer (organization or individual entrepreneur);

3) such acts are of a subordinate nature and cannot contradict labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, and reduce the level of guarantees of workers' labor rights established by them;

4) they reflect the specifics of production, the nature and profile of the employer's activities and take into account his economic opportunities;

5) local norms are distinguished by their responsiveness to changes in the organization of labor, which are dictated by the market.

Employers other than employers - individuals not individual entrepreneurs, adopt local regulations containing labor law norms within their competence in accordance with labor law and other normative legal acts containing labor law norms, collective agreements, agreements.

In established cases, the employer, when adopting local regulations, takes into account the opinion representative body employees (if there is such a representative body). The collective agreement, agreements may provide for the adoption of local regulations in agreement with the representative body of employees.

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

Local regulations concretize labor legislation, taking into account the characteristics and conditions of work for a particular employer, increasing the guarantees provided to employees, as well as determining their working conditions.

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 of the representative body of employees (individually), the following are accepted: staffing table, job descriptions, orders, instructions, etc.

Local regulations on general rule are accepted taking into account the opinion of the representative body of workers. Such acts include:

local regulations that establish labor standards, regardless of their name (Article 162 of the Labor Code of the Russian Federation);

shift schedules, which, as a rule, are an annex to the collective agreement (Article 103 of the Labor Code of the Russian Federation);

local regulations on labor remuneration (provisions on labor remuneration) (Article 135 of the Labor Code of the Russian Federation);

internal labor regulations, which, as a rule, are an annex to the collective agreement (Articles 189, 190 of the Labor Code of the Russian Federation).

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

If a permanent representative body of employees in the organization has not been formed, the draft local normative act should be sent to the representatives of employees elected in accordance with Art. 31 of the Labor Code of the Russian Federation. In the event that employees have not exercised their right to elect representatives, the employer has the right to adopt the relevant local act alone.

The procedure for taking into account the opinion of a representative body representing the interests of the organization's employees when adopting local regulations containing labor law norms is determined by Art. 372 of the Labor Code of the Russian Federation. So, the employer, in the cases stipulated by the Labor Code of the Russian Federation, before making a decision, sends a draft of such a local normative act and a justification for it to the elected body of the primary trade union organization representing the interests of all or most of the employees, which, no later than five working days, sends the employer a reasoned opinion on this draft in writing. form.

If this opinion does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged, within three days after receiving a reasoned opinion, to conduct additional consultations with the elected body of employees in order to reach 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 normative act, which can be appealed by the elected body of the primary trade union organization in Federal Service on labor and employment or to court. The elected body of the primary trade union organization also has the right to initiate a collective labor dispute procedure in the manner established by the Labor Code of the Russian Federation.

State Labour Inspectorate upon receipt of a complaint (application) of an elected body, it is obliged, within one month from the date of receipt of the complaint (application), to conduct a check and, if a violation is revealed, issue an order to the employer to cancel the specified local normative act, which is binding.

Local regulations should be distinguished from a collective agreement, which is an agreement adopted in a contractual manner (Articles 40, 41 of the Labor Code of the Russian Federation). Unlike collective agreements and agreements that are concluded after collective bargaining and are valid for a certain period (up to three years), local regulations are usually adopted at the initiative of the employer, the procedure for their adoption is not defined (with the exception of instructions on taking into account the opinion of the representative body of workers ), they can be either urgent or permanent.

Local regulations should not contain norms that worsen the position of employees in comparison with labor legislation, by-laws (decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, acts federal bodies executive power), laws and by-laws constituent entities of the Russian Federation, regulations of local governments, as well as agreements and collective agreements.

The procedure for the adoption of local regulations is very important from the point of view of determining their action. Acts adopted in violation of the established procedure for taking into account the opinions of the representative body of workers (or in cases provided for by a collective agreement or agreement, without the consent of such a body) are considered invalid and shall not be applied.

As of: 05/04/2011
Magazine: Handbook of a personnel officer
Year: 2011

Labor Code of the Russian Federation (extract)

Registering a company is not a problem now. What's next? It's not a secret for anyone that the "life" of even a small company requires strength and attention, and most importantly - knowledge. Is it possible to anticipate problems by keeping all areas of activity under control? With the right approach - no doubt. And the system of local regulations will help you with this. For example, in the field labor relations internal documents will allow regulating even such issues that are not disclosed in the Labor Code or are controversial. Moreover, the employer is simply obliged to settle some points at the local level. So, let's see what documents the company should have and what requirements the law imposes on them.

Each organization has its own regulations governing internal activities companies. Part 1 of Art. 8 of the Labor Code of the Russian Federation provides that employers (with the exception of employers who are individuals who are not individual entrepreneurs), within their competence and in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, adopt local regulatory acts (LNA) containing labor law norms.

Thus, the employer's regulations governing personnel issues are an industry-specific type of corporate documents.

THE IMPORTANCE OF LOCAL ACTS IN LABOR RELATIONS

For the employee, the employer's local regulations apply to general conditions recruitment and content job responsibilities in addition to the requirements of the law and the employment contract. That is why the employer, when hiring (before the conclusion of an employment contract), is obliged to familiarize the employee against signature with the local regulations in force in the organization that are related to his labor function (part 3 of article 68 of the Labor Code of the Russian Federation).

Indeed, familiarization of the employee with the local regulations of the employer must necessarily precede the conclusion of an employment contract: it is possible that the provisions contained in these documents will affect the employee's decision to work for a particular employer.

But after the conclusion of the employment contract, the newly adopted local norms and those to which changes will be made apply to the employee by default, since in labor relations he already obeys the will of the employer.

CLASSIFICATION OF LNA

Local regulations are numerous and varied. They can be classified according to several criteria.

Note!

Article 22 of the Labor Code of the Russian Federation considers the adoption of local regulations to the rights of the employer, and the main duties include familiarizing employees against signature with the adopted local regulations directly related to their labor activity

Criterion 1. Degree of importance.

All local regulations by default have equal legal force with respect to each other. At the same time, it is possible that the acts themselves will introduce their special hierarchy, for example, depending on the date of adoption of the document.

Criterion 2. Time characteristics.

According to the period of validity, LNA are subdivided into permanent acts (for example, the Internal Labor Regulations), which remain in force for the entire time until they are canceled or changed, and acts with a specific validity period established by the local act itself (for example, the staffing table, associated with a specific business plan for a specific period, a vacation schedule valid for calendar year by virtue of the direct indication of the law).

Criterion 3. Spatial.

According to this criterion, local acts are divided into those applied in the organization as a whole and in individual structural divisions. In doing so, the principle of non-discrimination should be respected. The distribution of LNA only to individual divisions of the organization should be objectively conditioned by the presence of production specifics, special working conditions, location of the structural division, etc.

Criterion 4. Acceptance procedure.

According to this criterion, LNA can be divided into three groups:
1) accepted by the authorized representative of the employer individually;
2) accepted by the authorized representative of the employer, taking into account the opinion of the representative body of employees;
3) accepted by the authorized representative of the employer in agreement with the representative body of workers.

The last two methods of LNA adoption are provided for by the provisions of Art. 8 and 372 of the Labor Code of the Russian Federation and are applied in situations where the organization has a representative body of employees. Moreover, it can be either a trade union or another representative body.

Please note: in some cases, the Code requires taking into account the opinion of the elected body of the primary trade union organization, and in others - the representative body of workers (without such clarification) ( tab. 1).

Note!

If the organization does not have a representative body of employees, then the employer adopts a local regulatory act independently

It should be noted that in most cases the law connects the procedure for adopting a document not with the name of a local normative act, but with its content.

For example, taking into account the opinion of the representative body of employees, local norms are adopted on the procedure for attesting employees (part 2 of article 81 of the Labor Code of the Russian Federation) and on the remuneration system in the organization (parts 2 and 4 of article 135 of the Labor Code of the Russian Federation).

When developing and approving local regulations, the rule applies: if there is no corresponding representative, the opinion of the team is not taken into account. Employees have the right to create their own representative bodies or not to do so - at their discretion.

In our organization, at the beginning of the year, a package of local documents was adopted. Until that time, of course, we had the Internal Labor Regulations (PVTR) and the Regulation on the Protection of Personal Data, but these documents are not in in full regulated personnel issues. It was decided to develop new local acts dedicated to specific issues: for example, test at hiring, certification. There is no trade union in our organization, and the director alone approved them.
We are currently introducing new documents to the staff. Some workers stated that the acts were passed illegally, since our organization supposedly operates a representative body of workers (not a trade union). We believe that the procedure for approving local regulations was observed, since no one informed the head of the existence of any representative body.

You are absolutely right. An employer, when adopting a local normative act, is obliged to take into account the opinion of the representative body of workers (the elected body of the primary trade union organization, if it includes at least half of the employees of this employer) only if such a body exists and information about this is communicated to authorized representative the employer officially. The head of the organization should not "guess" about the presence of a representative of the labor collective, as well as propose to elect him if an act is to be adopted that requires taking into account the views of representatives of employees.

Table 1

Participation of the representative body of employees in the procedure for the adoption of local regulations

LNA MANDATORY AND "OPTIONAL"

In connection with the freedom of local rule-making and the right to make managerial decisions provided to the employer, one of the most difficult issues is the obligation to adopt certain LNA. The composition of local regulations that are binding on each employer is established by law. These documents are directly named in the text of individual articles of the Labor Code of the Russian Federation ( tab. 2).

For example, part 4 of Art. 189 of the Labor Code of the Russian Federation provides that the Internal Labor Regulations (PVTR) are a local normative act regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and firing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, work schedule, rest time, measures of incentives and penalties applied to employees, as well as other issues of regulation of labor relations with this employer.

This formulation allows us to conclude that each employer must fix the listed issues in a local act - the Internal Labor Regulations.

table 2

Local regulations, which are mandatory for all employers (with the exception of employers - individuals who are not individual entrepreneurs)

Some LNA become mandatory for individual employers, taking into account the specifics of their activities, the working conditions established in the organization and other factors ( tab. 3).

For example, for the organization of certification of employees, employers adopt local regulations that determine the procedure for its conduct (part 2 of article 81 of the Labor Code of the Russian Federation).

Table 3

Some LNA, the presence of which is mandatory for individual employers (taking into account the specifics of their activities)

Our company has developed and approved the Internal Labor Regulations, which govern all aspects of labor relations. So, a large section is devoted to the processing and protection of personal data, the sizes are spelled out in detail component parts wages, rules and conditions for their accrual are stipulated. In fact, in the company, of the local regulations, only the PTP is in effect, and every year new staffing and vacation schedules are approved. Is this a violation of labor laws?

In practice, a situation may arise that a wide range of issues will be determined by the Internal Labor Regulations. PVTP can both fix the system of remuneration of employees, and establish the procedure for processing their personal data. In this case, we can say that all the points that the employer must solve at the local level, he fixed in the PVTP, and the adoption of separate documents on these issues is not required. The employer can regulate in detail certain issues in individual LNA, but he can also limit himself to fixing them in the PTP.

It will also not be a violation to include in the PVTP as constituent parts such provisions that should be in force for individual employers, taking into account the specifics of their activities.

In particular, the list of positions with irregular working hours, as a rule, is an annex to the PVTP. V separate sections The PVTP can provide for the norms for dividing the working day into parts, the procedure for paying additional remuneration, guarantees provided to employees sent on a business trip, etc.

All issues of remuneration, including the procedure and amount of its increase when working in special conditions(work at night, on weekends or non-working holidays, overtime), can also be dealt with in the PVTP or in separate document on remuneration, for example in the Regulations on Remuneration.

Finally, the employer has the right to adopt LNA, which are not directly provided for by labor legislation, but are necessary to regulate labor relations (Table 4).

Table 4

Some LNA, the presence of which is optional for the employer, but is necessary for the regulation of labor relations

Such documents as regulations on structural divisions, job descriptions of employees are not provided for by law, and the employer is not obliged to develop and apply them. However, in practice, many employers prefer to develop and approve a set of such documents and be guided by them in their work. For example, job descriptions containing qualification requirements for occupying a certain position, the rights, duties and responsibilities of employees holding this position are widely used in the selection of candidates, when checking the suitability for the position held during the trial period and in other situations.

DOCUMENT ACCEPTANCE PROCEDURE

The creation of each local normative act goes through mandatory stages: drafting the text, execution, coordination with interested officials, approval and implementation. In cases determined by law, as we have already noted, the adoption of a local normative act is associated with taking into account the opinion of the representative body of employees.

The employer independently organizes work to create a system of local regulations. We believe that specialists should participate in this process - employees of structural divisions, officials with relevant knowledge and professional skills in a particular area.

For example, those responsible for the development of regulations on structural unit and job descriptions employees of this unit, as a rule, is its head. These documents usually agreed with accounting specialists, personnel service and a lawyer.

What kind of LNA can be involved in personnel departments?

The vacation schedule, for example, is signed by the head of the HR department, which means that it is this unit that is responsible for drawing up summary schedule vacations for the next calendar year.

In addition to the creation of this document, HR specialists usually prepare drafts of the PTP, provisions on the procedure for processing personal data of employees, participate in the development of the staffing table, provisions on remuneration, shift schedules and other documents.

LNA form

For the majority of local regulations, specific requirements regarding their type (form) are not provided by law. Therefore, the decision of the main issues in this part remains at the discretion of the employer.

NA No. 6,7 '2004Unified forms, approved. Resolution of the Goskomstat of Russia dated 05.01.2004 No. 1 "On approval unified forms primary accounting documentation for labor accounting and remuneration ", have only a staffing table (form No. T-3) and a vacation schedule (form and No. T-7).

LNA structure

The structure of a local act is determined by its content: each document has its own logic for constructing the text and its location within the document - using various structural units developed by practice (headings, table of contents, preamble, parts, sections, chapters, paragraphs, articles, clauses, subparagraphs, paragraphs , notes, applications, final provisions etc.).

In our organization, a very interesting situation has developed with "putting things in order" in local acts. The manager wants to first approve the "standard", which would detail the rules for drawing up, formalizing and approving local acts, and only then make changes to the adopted documents and adopt new ones. It turns out that we have to write some kind of instruction for creating an LNA. How to write down the requirements for the structure of the text of an internal document in such an instruction?

To unify structure and "appearance" internal documents, and most importantly, take into account all the requirements of the law when approving them and not miss anything, such an instruction really does not hurt. It can provide, for example, the following rules for the structure of the LNA text.

Rule 1. Everything structural units normative act - in order to avoid confusion - must have end-to-end numbering, large structural units - their own headings that perform an informational function.

Rule 2. The material should be arranged from more important to less important prescriptions, the exception follows the rule, after the duties follows the responsibility for their failure; material prescriptions are located in front of procedural ones, the latter - in front of procedural ones.

The definition of the structure of a local normative act is left to the discretion of the employer. Therefore, developers in their organization can provide any rules based on their own practice of creating LNA.

Language and style of local regulation

It is advisable to consider the language requirements for a regulatory legal act based on the linguistic (lexical) means of the language: grammatical sentences, legal phraseological units, words and abbreviations - the main language means. In accordance with paragraph 1 of Art. 68 of the Constitution of the Russian Federation the state language throughout the Russian Federation is Russian. Hence, when creating regulatory document compliance with its rules, requirements and norms is required.

The style of presentation of the normative document should be neutral and impartial, excluding expression, emotions, jargon, profanity. Words and expressions should be, as far as possible, generally known and exclude ambiguity of interpretation, and the introduction of new terms, including foreign ones, must necessarily be accompanied by their definitions.

Sentences should be short, narrative, or affirmative. It is allowed to use constructions of an incomplete sentence without a subject or with the use of abstract generalized forms and constructions, the words "all", "nobody", "everyone", "participants", "workers", etc.

The procedure for taking into account the opinion of the representative body of employees

The procedure for taking into account the opinions of the representative body of workers, determined by Art. 372 of the Labor Code of the Russian Federation, cannot be changed. The provisions of this article are mandatory and do not contain clauses like "unless otherwise provided by local acts of the employer."

So, the employer, in the cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, as well as the collective agreement, agreements, before approving a local regulatory act, sends its draft and justification for it to the elected body of the primary trade union organization representing the interests all or most of the employees. As we have already noted, if there is another representative body of workers in the organization, the procedure for taking into account its opinion is the same.

Further, the representative body of employees, no later than five working days from the date of receipt of the draft of the specified local normative act, sends the employer a reasoned opinion on it in writing. It turns out that the representative body of workers gives only advice, which, however, cannot be rejected without sufficient grounds.

If the reasoned opinion does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with such an opinion, or he is obliged, within three days after receiving it, to conduct additional consultations with the representative body of employees in order to achieve a mutually acceptable solution ( h. 2 and 3 of article 372 of the Labor Code of the Russian Federation).

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.

The employer's decision can be appealed to the relevant state inspection labor (GIT) or in court. The elected body of primary trade union organizations does not unite more than half of the employees of this employer and is not authorized, in accordance with the procedure established by the Labor Code of the Russian Federation, to represent the interests of all employees in social partnership at the local level, at general meeting(conferences) of employees to exercise the specified powers by secret ballot another representative (representative body) may be elected from among the employees.

By the way

Although Article 372 of the Labor Code of the Russian Federation regulates the procedure for taking into account the opinions of the elected body of the primary trade union organization, this norm should be interpreted in the system with Art. 31 of the Labor Code of the Russian Federation. Part 1 of this article states: in cases where the employees of this employer are not united in any primary trade union organizations or none of the existing primary trade union organizations unites more than half of the employees of this employer and is not authorized, in accordance with the procedure established by the Labor Code of the Russian Federation, to represent

the interests of all employees in social partnership at the local level, at the general meeting (conference) of employees for the exercise of these powers by secret ballot, another representative (representative body) may be elected from among the employees.

The Labor Code of the Russian Federation, defining the procedure for adopting a local act in accordance with Art. 372, often indicates that this is the procedure for taking into account the opinion of the representative body of workers ( see table. 1).

Please note: there is only one way to change the procedure for taking into account the opinion of the representative body of workers - in accordance with Part 3 of Art. 8 of the Labor Code of the Russian Federation, instead of taking into account the opinion, it is possible to coordinate local acts with the representative body of workers, if such a form is provided for by a collective agreement or agreements.

Obviously, for the purposes of protecting the rights of the employer when making managerial decisions, coordination with the representative body of employees of the adopted local acts is less profitable, since without appropriate approval local norms will not appear.

But it is possible to supplement the procedure of local rule-making with local rules.

For example, in the Internal Labor Regulations, the employer may provide that he publishes all his local acts in his own printed edition or posted on an internal site.

Familiarization of employees with "internal" acts

In accordance with Part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to acquaint employees against signature with the adopted local regulations directly related to their work activities.

A special rule is established for persons applying for work: the employee must be familiarized, against signature, with the Internal Labor Regulations, other local regulations directly related to his labor activity (part 3 of article 68 of the Labor Code of the Russian Federation).

The law does not contain requirements on how to acquaint employees with the employer's LNA - both when hiring and during labor relations. Meanwhile, in the event of a dispute, for example, about the employee's failure to comply with certain local requirements, the employer will have to prove that the employee was familiarized with the relevant documents against signature.

In practice, there are several methods of written familiarization of the employee with the employer's documents.

Method 1. Registration of familiarization of employees (with affixing personal signatures and dates) in special sheets attached to each LNA (familiarization sheet).

Method 2. The use of a separate accounting form (for example, the Journal of familiarization of employees with local regulations), which records the communication of several LNA to the employee.

Method 3. Registration of the list of local regulations, which each employee is familiar with, in the form of an appendix to the employment contract concluded with him.

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At the same time, it should be borne in mind that the phrase "as a rule" actually means that shift schedules may not be an annex to the collective agreement. Hence, the minimum task of the trade union committee is to obtain the employer's consent for the shift schedules to become an annex to the collective agreement, bearing in mind that then the schedules will be drawn up in a contractual manner. For its part, the employer may refuse to include the schedules in the collective agreement as an annex or propose that the schedules become such an annex after their approval "taking into account the opinion", which follows, albeit with certain reservations, from the text of par. 3 tbsp. 103.

6) In accordance with Art. 105 of the Labor Code of the Russian Federation in those jobs where it is necessary due to special character labor, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work. Such a division is made by the employer on the basis of a local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization.

In connection with the above, the question arises: what local normative act in question in st. 105? The fact is that, according to Art. 189 of the Labor Code of the Russian Federation, the mode of work and the time of rest are regulated by the rules of the internal labor schedule. It follows that the procedure for dividing the working day into parts can be provided, if necessary, by the rules of the organization's internal labor regulations. The trade union committee, for its part, is interested in this, since the opportunity opens up before it, when adopting the procedure for dividing the working day into parts, to avoid its approval by the employer, who may not take into account the opinion of the trade union committee. This opportunity opens up because, according to Art. 190 of the Labor Code of the Russian Federation, the internal labor regulations of the organization are an annex to the collective agreement. And if so, the trade union committee should insist that the aforementioned rules become an integral part of the collective agreement in order to introduce their approval within the framework of the negotiation process.

7) Paragraph 2 of Art. 116 of the Labor Code of the Russian Federation provides that employers, taking into account their production and financial capabilities, can independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for the provision of these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

The employer may, in his opinion, accept or not accept such a local act. For its part, the trade union committee may postpone consideration of the issue of establishing additional vacations in the field of collective agreement practice, while referring to the provisions of Art. 41 of the Labor Code of the Russian Federation. According to Art. 41, the content and structure of the collective agreement are determined by the parties. The collective agreement may include mutual obligations of employees and the employer, including on issues of working time and rest time, including issues of granting and duration of vacations.

Note that the trade union committee has the right to make proposals on the establishment of additional vacations for employees, but not on the establishment of the main paid leave for them lasting more than 28 calendar days. The fact is that, according to Art. 115 of the Labor Code of the Russian Federation, an annual basic paid leave lasting more than 28 calendar days (extended basic leave) is established for employees in accordance with this Code and other federal laws.

8) In accordance with Art. 123 of the Labor Code of the Russian Federation, the order of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations. That is, taking into account the opinion of the elected body of the primary trade union organization representing the interests of all or most of the employees of a given employer.

9) Article 124 of the Labor Code of the Russian Federation provides that the annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

Temporary incapacity for work of an employee;

Execution by an employee during an annual paid vacation state responsibilities if the labor legislation provides for exemption from work for this;

In other cases provided for by labor legislation, local regulations.

In connection with the foregoing, we note that the order (order) of the employer to extend or postpone the vacation this employee is not a local normative act. Therefore, taking into account the opinion of the elected body of the primary trade union organization in these cases is not required. At the same time, one cannot but pay attention to the fact that from the text of Art. 124 of the Labor Code of the Russian Federation it follows that in cases where legal basis renewals next vacation are not defined either by the Labor Code of the Russian Federation or by other laws, they can be established by local regulations. When developing the act, it is advisable to keep in mind that by giving the employer the right to adopt a local regulatory act expanding the number of cases in which the vacation must be extended, Art. 124 obliges him to list these cases.

10) According to Art. 135 of the Labor Code of the Russian Federation, systems of payment of rates, salaries official salaries, additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, the system of additional payments and allowances of a stimulating nature and the bonus system are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law.

Local regulations establishing wage systems are adopted by the employer taking into account the opinion of the representative body of employees.

11) In accordance with Part 4 of Art. 153 of the Labor Code of the Russian Federation, wages on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works , in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

Part 4 of Art. 153 shows three possible options for establishing wages on weekends and non-working holidays.

For these purposes, it is possible to use, firstly, an employment contract. Secondly, wages are determined on the basis of a collective agreement. Thirdly, wages on weekends and non-working holidays specified in Art. 153 employees are determined by local regulations adopted by the employer. In this case, it should be borne in mind that, according to Art. 135 of the Labor Code of the Russian Federation, the system of payment and labor incentives, including an increase in pay for work on weekends and non-working holidays, is established by the employer, including by adopting a local normative act, taking into account the opinion of the elected body of the primary trade union organization.

12) According to Art. 154 of the Labor Code of the Russian Federation, every hour of work at night is paid in increased size in comparison with work in normal conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

The specific amounts of the increase in wages for work at night are established by a collective agreement, a local normative act, adopted taking into account the opinion of the representative body of workers, and an employment contract.

13) In accordance with Art. 159 of the Labor Code of the Russian Federation, employees are guaranteed the use of labor rationing systems determined by the employer, taking into account the opinion of the representative body of employees or established by a collective agreement.

Thus, the use of labor rationing systems is mandatory. Labor rationing systems are determined by the employer by a local normative act, adopted taking into account the opinion of the elected body of the primary trade union organization, or established by a collective agreement.

14) As follows from the text 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 workers.

15) According to Art. 168 of the Labor Code of the Russian Federation, the procedure and amount of reimbursement of expenses related to business trips are determined by a collective agreement or local regulatory act.

As follows from the text of Art. 168, a local normative act determining the procedure and amount of reimbursement of expenses related to business trips is adopted by the employer without taking into account the opinion of the trade union committee, other representative body of employees.

In turn, Article 168 provides that the amount and procedure for reimbursement of expenses associated with official travel of employees whose permanent work is carried out on the way or has a traveling nature, as well as employees working in the field or participating in expeditionary work, as well as a list of works , professions, positions of these workers are established by the collective agreement, agreements, local regulations. The amount and procedure for reimbursement of these costs may also be established by an employment contract.

These local regulations are adopted by the employer without taking into account the opinion of the elected body of the primary trade union organization.

16) Article 189 of the Labor Code of the Russian Federation stipulates that the organization's labor schedule is determined by the internal labor regulations.

Internal labor regulations are a local regulatory act that regulates, in accordance with this Code and other federal laws:

The procedure for the admission and dismissal of employees;

Basic rights, obligations and responsibilities of the parties to the employment contract;

Working hours;

Time relax;

Measures of incentives and penalties applied to employees;

Other issues of regulation of labor relations for this employer.

According to Art. 190 of the Labor Code of the Russian Federation, the internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations.

Internal labor regulations are usually annexed to the collective agreement.

When developing the Rules, it must be borne in mind that, according to a number of articles of the Labor Code of the Russian Federation, several more provisions should be included in them:

a) According to Part 2 of Art. 22 of the Labor Code of the Russian Federation, the terms of payment of wages can be determined in the Rules.

b) In accordance with Art. 104 of the Labor Code of the Russian Federation, the procedure for introducing summarized accounting of working hours is established by the rules of the internal labor schedule.

c) Article 108 of the Labor Code of the Russian Federation provides that during the working day (shift) the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes, which is not included in working hours.

The time for granting a break and its specific duration are established by the internal labor regulations or by agreement between the employee and the employer.

In jobs where, according to the conditions of production (work), the provision of a break for rest and meals is impossible, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating are established by the internal labor regulations.

d) As follows from the text of Art. 109 of the Labor Code of the Russian Federation, for certain types of work, it is envisaged to provide employees during working hours with special breaks due to the technology and organization of production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations of the organization.

e) According to Art. 111 of the Labor Code of the Russian Federation, the general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or the internal labor regulations of the organization.

For employers, whose suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week to each group of employees in turn in accordance with the internal labor regulations.

f) In accordance with Art. 119 of the Labor Code of the Russian Federation, employees with irregular working hours are provided with an additional annual paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

g) As follows from the text of para. 5 tbsp. 136 of the Labor Code of the Russian Federation, wage paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

17) According to Part 3 of Art. 196 of the Labor Code of the Russian Federation, forms vocational training, retraining and advanced training of workers, the list of necessary professions and specialties is determined by the employer, taking into account the opinion of the representative body of workers in the manner prescribed by Art. 372 of this Code for the adoption of local regulations. That is, taking into account the opinion of the elected body of the primary trade union organization.

As follows from the above text, the forms of vocational training, retraining and advanced training of workers, the list of required professions and specialties are determined by a local regulatory act.

18) In accordance with Part 2 of Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure the development and approval, taking into account the opinion of the elected body of the primary trade union organization or another body authorized by the employees in the manner prescribed by Art. 372 of this Code for the adoption of local regulations.

19) Part 2 of Art. 212 of the Labor Code of the Russian Federation stipulates that the employer is obliged to ensure the availability of a set of regulatory legal acts containing labor protection requirements, in accordance with the specifics of their activities.

Based on the above text, it can be assumed that the list of such regulatory acts containing labor protection requirements should be determined by a special local regulatory act of the organization.

20) Paragraph 1 of Art. 301 of the Labor Code of the Russian Federation stipulates that working hours and rest time within the accounting period are regulated by the work schedule on the shift, which is approved by the employer, taking into account the opinion of the elected body of the primary trade union organization in the manner prescribed by Art. 372 of the said Code for the adoption of local regulations, and is brought to the attention of employees no later than two months before its entry into force.