Legal regulation of internal labor regulations. Legal regulation of internal labor regulations at an enterprise Regulatory legal acts regulating internal labor regulations

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MOSCOW AUTOMOBILE AND ROAD STATE TECHNICAL UNIVERSITY (MADI)

Department of Legal and Customs Regulation in Transport

Essay

on the topic of: "Legal regulation internal labor regulations»

Completed by: student of group 1bOP1

Zakhovaev Alexander

Checked by Associate Professor

Melnikov S.E.

Introduction

Conclusion

Introduction

Labor and related relations are regulated by the labor legislation of the Russian Federation, including legislation on labor protection and other regulatory legal acts.

Thus, labor discipline is mandatory rules of conduct for all employees, which all employees must obey and which are provided for Labor Code of the Russian Federation, laws, collective agreements, agreements, employment contracts and local regulations of the organization. In addition, labor discipline is a system of measures and means to establish, comply with and ensure the internal labor regulations of the organization.

Methods of strengthening labor discipline are disciplinary action, which is achieved through persuasion, encouragement, coercion, etc.

In the organization and individual entrepreneur The work schedule is established by a local act, mainly the internal labor regulations.

At the same time, a local regulatory act that contains labor law norms is an official document that is adopted directly by the head of the organization in writing and establishes, changes or repeals the legal norms of the organization, as well as providing for labor relations between the employer and employees.

In turn, a local legal norm is a mandatory order for employees to comply with from the head of the organization, which is permanent or temporary in nature and designed for repeated use.

The purpose of this work is to consider the legal regulation of internal labor regulations, as well as what local regulations exist in the field of labor relations. Based on the goal, it is necessary to solve the following tasks:

Consider the legal regulation of internal labor regulations;

Analyze local regulations that regulate labor relations, as well as the procedure for their adoption, amendment, and repeal;

Indicate the significance of local regulations when considering individual and collective labor demands.

The subject of the study is the relationship that is regulated by internal labor regulations.

1. Legal regulation of internal labor regulations

Working under an employment contract in an organization or with an individual entrepreneur for a certain circle of people implies the creation of a legal procedure under which labor duties must be performed.

Consequently, the labor regulations within the organization represent the legal order in the labor sphere that applies to a particular employer. This routine is intended to regulate the behavior of all team members in order to subordinate their actions to the single goal of the labor process, taking into account production conditions and the specifics of the organization of work at a particular employer. In turn, compliance with internal labor regulations ensures coordination in the relationship between employees and the employer, as well as between the employees themselves. In addition, internal labor regulations form the basis of labor discipline.

Also, according to Part 2 of Art. 189 Labor Code of the Russian Federation Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ (as amended on April 6, 2015) // Collection of Legislation of the Russian Federation, January 7, 2002, N 1 (Part 1), Art. 3. employer in accordance with federal laws, other regulatory legal acts, agreements, collective agreements and other local regulatory legal acts of the organization, as well as the employment contract, is obliged to create such working conditions that are necessary for employees to comply with labor discipline. To create such conditions, it is necessary to develop a system of local regulations that create the basis for the behavior of employees in the process of work and allow authorized representatives of the employer to create working conditions that are necessary for compliance with labor discipline.

At the same time, labor discipline and internal labor regulations are interrelated concepts. Without ensuring proper work procedures, there is no labor discipline, and the process of collective labor is disrupted. Therefore, the requirements of internal labor regulations are mandatory for all persons who are members of labor relations. In addition, the importance of internal labor regulations is to subordinate the activities of people in the process of joint labor to strict adherence to the rules of the established labor order.

Thus, the system of relations regulated by labor law norms that develops with the employer during production activities and ensuring the exercise of rights and fulfillment of duties by all participants in the labor process, and there is an internal labor regulation, which should be determined by the rules of internal labor regulations.

So in accordance with Art. Art. 56, 21 Labor Code of the Russian Federation, concluding employment contract, the employee undertakes the obligation to comply with the employer’s internal labor regulations and labor discipline. The employer, in turn, has the right to demand that employees comply with this obligation (Article 22 of the Labor Code of the Russian Federation). At the same time, internal labor regulations are aimed at ensuring the rational use of working time by each employee, increasing labor productivity, as well as ensuring the efficiency of production and labor organization.

So, the labor schedule includes a system of regulations that regulate the procedure for carrying out labor activities for a specific employer.

At the same time, one of the local regulations that is aimed at ensuring labor discipline is the internal labor regulations. In accordance with the Labor Code of the Russian Federation and other federal laws, these rules regulate the procedure for hiring and dismissing employees, their basic rights, responsibilities, as well as the responsibilities of the parties to the employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues regulation of labor relations with a given employer Labor law Russia: textbook / D.L. Kuznetsov, A.F. Nurtdinova, Yu.P. Orlovsky and others; resp. ed. Yu.P. Orlovsky, A.F. Nurtdinova. 3rd ed. M.: CONTRACT, INFRA-M, 2010 [ Electronic resource] // SPS ConsultantPlus..

At the same time, the content of the internal labor regulations of each employer is determined independently and depends on the specific conditions and specifics of the work. However, it should be noted that the content of the rules must comply with the Labor Code of the Russian Federation and other federal laws. For example, the rights and obligations of the parties to an employment contract are determined in the rules, taking into account the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation, the hiring procedure is in accordance with the requirements of Art. 68 of the Labor Code of the Russian Federation, the procedure for dismissing employees must be in accordance with Art. Art. 77 - 84, 179 - 181, etc.

As economic practice shows, internal labor regulations usually contain the following sections:

1) general provisions(about the operation of the rules);

2) the procedure for hiring and dismissing employees;

3) work time(working hours) and rest time;

4) main duties of employees;

5) the main responsibilities of the employer;

6) incentives for work;

7) responsibility for violation of labor discipline.

The rules can also regulate other issues important for the employer, for example: what documents are presented when applying for a job; the procedure for signing a bypass slip, provided that this procedure is provided for in the organization; procedure for acceptance and delivery of material assets in the employee’s use, etc.

It should be noted that the list of issues that may be reflected in the Internal Labor Regulations is not limited or specified by the legislator; therefore, it is determined at the discretion of the employer. The main thing is that the provisions of the Labor Regulations do not contradict the Labor Code of the Russian Federation and do not worsen the position of workers in comparison with established labor legislation and other regulatory legal acts that contain labor law norms, collective agreements, and agreements.

Further, according to Art. 190 of the Labor Code of the Russian Federation, internal labor regulations can be adopted both in the form of an independent local regulatory act, which contains labor law norms, and in the form of an annex to a collective agreement. Accordingly, depending on the type of local act, the procedure for adopting such rules, as well as the procedure for making changes and additions to them, will differ.

So if the internal labor regulations are an annex to the collective agreement, then they are its integral part. Consequently, the procedure for developing draft rules will be similar to the procedure for developing a draft collective agreement, since during the development of this agreement, internal labor regulations are also developed accordingly. Also, changes and additions that may arise when applying the rules will be carried out in the manner established by the Labor Code of the Russian Federation for concluding a collective agreement or in the manner provided for in the collective agreement itself

However, if the internal labor regulations are not an annex to the collective agreement and are adopted as an independent local normative act, then they are subject to adoption by the employer, taking into account the opinion of the representative body of employees (Part 1 of Article 190 of the Labor Code of the Russian Federation).

In accordance with Art. 68 of the Labor Code of the Russian Federation, the employer is obliged to familiarize the employee with the internal labor regulations in force in the organization. However, the employer must inform the employee when hiring him. At the same time, internal labor regulations must be made available to employees.

In addition, organizations for certain categories of employees may have charters and regulations on discipline, which are approved by the Government of the Russian Federation in accordance with federal laws. It should be noted that such Charters and discipline regulations apply in those industries or areas of activity where compliance with labor discipline is of particular importance, since its violation may entail certain consequences. The internal labor regulations differ from the provisions that are enshrined in the charters and regulations on discipline in that in the charters, etc. can be fixed additional types disciplinary sanctions that are not enshrined in Art. 192 Labor Code of the Russian Federation.

In addition, discipline regulations and statutes are binding on all employees who are subject to them. However, it should be noted that the employer is not authorized to make any changes or additions to the regulations and statutes on discipline. At the same time, some features that relate to the labor regulations of employees subject to regulations and statutes on discipline may be provided for in the internal labor regulations. At the same time, the rules should not contradict the provisions and charters on discipline, as well as worsen the situation of workers in comparison with laws, other regulatory legal acts containing labor law norms, a collective agreement, or an agreement.

Thus, we can conclude that the internal labor regulations are the most important local regulatory act, which is designed to reflect the specifics of production conditions, labor organization and regulate the internal labor regulations at the local level Goncharova M.A. Labor discipline. Legal regulation. Practice. Documents / ed. Yu.L. Fadeeva // SPS ConsultantPlus. 2006..

2. Local regulations in the field of labor relations, the procedure for their adoption and significance when considering individual and collective labor demands

2.1 The concept of local regulations in the field of labor relations

labor regulations normative act

In the course of its activities, any employer is faced with the need to adopt local regulations. Moreover, some of them must be approved and brought to the attention of employees even before concluding employment contracts with them.

Currently, each organization has its own local regulations, which include various provisions, instructions, rules, etc. At the same time, there are local acts that are mandatory for all organizations without exception, and there are local acts that are adopted at the discretion of the employer. In addition, any local act adopted by the organization is mandatory for both employees and the employer, provided that it does not contradict the law.

So according to Art. 5 of the Labor Code of the Russian Federation, labor and other directly related relations are regulated by labor legislation, including legislation on labor protection, other acts containing labor law norms, as well as collective agreements, agreements and local regulations containing labor law norms.

Accordingly, employers, like legal entities, and individual entrepreneurs adopt local regulations that contain labor law norms, within their competence in accordance with labor legislation and other acts containing labor law norms, collective agreements, agreements (Part 1 of Article 8 of the Labor Code of the Russian Federation).

However, today the Labor Code of the Russian Federation does not contain either a definition of a local act or a list of documents that can be considered local acts.

Thus, local regulatory acts are acts that contain labor law norms and are developed to regulate labor relations, taking into account the specifics of labor for a particular employer and the establishment by the employer of working conditions within its competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements of Goncharov M.A. Labor discipline. Legal regulation. Practice. Documents / ed. Yu.L. Fadeeva // SPS ConsultantPlus. 2006..

At the same time, local labor regulations complement and specify state and collective-contractual (at the sectoral, territorial, professional levels) regulation of labor relations. Almost all employers have the right to adopt local regulations. The exception is employers, who are individuals who are not individual entrepreneurs,

In addition, local regulations can fill gaps in the law in the absence of corresponding acts adopted federal authorities state authorities in the field of labor relations or state authorities of the constituent entities of the Russian Federation, but at the same time, they cannot reduce the level of guarantees provided to employees by labor legislation.

Further, local regulations are adopted by the employer individually within his competence, and in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, taking into account the opinion of the representative body of employees, if this body exists in the organization.

Thus, local regulations are characterized by the following features:

firstly, they are normative by-laws;

secondly, they are adopted solely by the employer or taking into account the opinion of the representative body of employees, as well as in cases provided for by law;

thirdly, they act within the organization (in an individual entrepreneur) in relation to the employees of a given employer, regardless of the place where they perform their work;

fourthly, they must not contradict the collective agreement and the principle of prohibiting the deterioration of the employee’s position in comparison with labor legislation. Titova Yu. Approving a local regulatory act // Personnel service and personnel management of the enterprise. 2015. N 2. P. 26 - 34 [Electronic resource] // SPS ConsultantPlus..

Since the Labor Code of the Russian Federation does not establish requirements for the form of a local regulatory act, in this case the employer determines it independently. The most common forms of such acts are regulations, rules and instructions.

Thus, local acts include internal labor regulations, various provisions, for example, provisions on personal data, on remuneration, on certification, instructions on labor protection, etc.

Local regulations, despite the general requirements that are established for them, may differ in some respects.

So to the main ones general requirements it can be said that:

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

Secondly, the norms of local regulations should not worsen the situation of workers in comparison with established labor legislation and other acts that contain labor law norms, collective agreements, agreements (Part 4 of Article 8 of the Labor Code of the Russian Federation);

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

Fourthly, local regulations are mandatory. This means that for failure to comply with their provisions, the employee can be subject to disciplinary action, and the employer - to administrative liability.

Further, local regulations can be divided into mandatory ones, i.e. those established by law and optional, which the employer accepts at his own discretion. So, the mandatory ones include: a document that establishes the procedure for processing and protecting personal data, for example, the provision on personal data (clause 8 of Article 86 of the Labor Code of the Russian Federation); a document that establishes a remuneration system, for example, a regulation on remuneration (part 4 of article 135 of the Labor Code of the Russian Federation); internal labor regulations (part 4 of article 189 of the Labor Code of the Russian Federation); rules and instructions on labor protection (part 2 of article 212 of the Labor Code of the Russian Federation); a document that defines the certification procedure (Part 2 of Article 81 of the Labor Code of the Russian Federation).

Optional local acts include regulations on personnel, voluntary health insurance, job descriptions, etc.

So, in terms of scope, local regulations can be general, which apply to all employees of the organization, for example, internal labor regulations, regulations on remuneration, etc., and special ones, for example, regulations on sending on business trips, on shift work, etc.

And finally, according to the method of adoption, local acts can be divided into acts that are adopted by the employer alone and acts that are adopted taking into account the opinion of the representative body of employees in accordance with Art. 372 of the Labor Code of the Russian Federation, if this body is provided for in the organization.

So, for example, taking into account the opinion of the representative body of workers, such local acts as on the procedure for certification of employees (Part 2 of Article 81 of the Labor Code of the Russian Federation), on the system of remuneration in the organization (Article 135 of the Labor Code of the Russian Federation), and internal labor regulations ( Article 190 of the Labor Code of the Russian Federation), documents that establish forms of preparation and additional vocational education workers (Article 196 of the Labor Code of the Russian Federation), norms free issuance workers wearing personal protective equipment (Article 221 of the Labor Code of the Russian Federation).

So, based on the interpretation of the provisions of the Labor Code of the Russian Federation, we can conclude that the local regulations that are mandatory for every employer include:

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

Internal labor regulations (Articles 56, 189, 190 of the Labor Code of the Russian Federation);

Documents that establish the procedure for processing personal data of employees, their rights and obligations in this area (Articles 86, 87, 88 of the Labor Code of the Russian Federation);

When working in shifts, each group of workers must work within set duration working hours in accordance with the shift schedule (Article 103 of the Labor Code of the Russian Federation). The employer is obliged to keep records of the time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation);

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

Labor safety instructions. In accordance with Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to provide in the organization safe conditions and labor protection, accordingly, instructions on labor protection must be drawn up and brought to the attention of employees against signature.

In addition, it should be noted that the listed documents are among those that are primarily checked by inspectors of the Federal Labor Inspectorate. Also, if an employee goes to court, it is possible to reduce the risks of making a decision not in favor of the employer if the rules for conducting personnel records are observed.

2.2 The procedure for adopting local regulations

The Labor Code of the Russian Federation establishes the procedure for the adoption of local regulations. So in accordance with Art. 8 of the Labor Code of the Russian Federation provides for 4 options for adopting a local act:

Firstly, with mandatory agreement with the representative body of workers;

Secondly, with mandatory coordination with the representative body of workers due to the requirements of the collective agreement, agreement;

Thirdly, without taking into account the opinion of the representative body, with the obligatory agreement with it;

Fourthly, without taking into account opinions when approval is not required or in the absence of a representative body.

So, the creation of each local normative act goes through the following stages: development, coordination, approval, implementation.

Labor legislation does not contain requirements for the procedure for developing local regulations, so employers determine it independently.

Thus, the development of local acts is carried out by a commission that is created in the organization on the basis of an order from the employer. The commission for the development of a local act includes representatives of employees and the employer.

In addition, each developed local regulatory act must undergo an approval procedure with specialists from other services, for example, accounting, human resources, legal department etc. After all services have agreed on the local act, it is then submitted to the manager for approval.

In cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement or agreements, before making a decision, the employer in accordance with Art. 372 of the Labor Code of the Russian Federation sends a draft local regulatory act and justification for it to the elected body of the primary trade union organization or a workers' representative body that represents the interests of all or the majority of workers. The relevant body, no later than 5 working days from the date of receipt of the draft act, is obliged to send a reasoned opinion on the relevant act in writing to the employer.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer may agree or is obliged, within 3 days after receiving the reasoned opinion, to conduct additional consultations with employee representatives to make a mutually acceptable decision.

Accordingly, if agreement is not reached between the parties, the disagreements that arise are formalized in a protocol, after which the employer has the right to adopt a local regulatory act. However, the elected body of the primary trade union organization has the right to appeal this act in state inspection labor or to court. At the same time, the elected body also has the right to initiate the procedure for a collective labor dispute in the manner established by this Labor Code of the Russian Federation.

If agreement is reached, the act is approved by the head of the organization or other authorized person.

In accordance with Art. 12 of the Labor Code of the Russian Federation, a local normative act comes into force from the date of its adoption by the employer or from the date specified in this local normative act, and applies to relations that arose after its entry into force. The local regulatory act comes into force on the date of its adoption by the employer or on the date specified in this document.

The employer must familiarize employees with the local act adopted and approved at the enterprise. So in accordance with Part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to familiarize employees, against signature, with the adopted local regulations that are directly related to their work activities. Persons who are hired for the first time by an organization must be informed by the employer before signing an employment contract. This means that even before entering into an employment relationship, an employee must clearly understand what rights and responsibilities he will have by concluding an employment contract, what the working hours of a given employer are, what incentive measures the employer applies to employees, etc. Labor law of Russia: textbook / D.L. Kuznetsov, A.F. Nurtdinova, Yu.P. Orlovsky and others; resp. ed. Yu.P. Orlovsky, A.F. Nurtdinova. 3rd ed. M.: CONTRACT, INFRA-M, 2010 [Electronic resource] // SPS ConsultantPlus.

At the same time, it should be noted that failure to familiarize employees with local regulations is a violation labor legislation RF and entails bringing the employer to administrative liability in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation Code of Administrative Offenses of the Russian Federation dated December 30, 2001 N 195-FZ (as amended on April 6, 2015) (as amended and supplemented, entered into force on May 1, 2015) // Collection of Legislation of the Russian Federation, 07.01. 2002, N 1 (part 1), art. 1., and if such a violation is committed again, then he is subject to liability under Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

In addition, I would like to highlight that the 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 or agreements, as well as local regulations that were 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. It should be noted that in such cases labor legislation and other regulatory standards are subject to application. legal acts, which contain labor law norms, collective agreements and agreements.

2.3 Change, cancellation and storage of local acts

If changes are made to the legislation of the Russian Federation, to acts that contain labor law norms, to a collective agreement or agreement, then in this case the employer must make changes to the relevant local regulations.

It should be noted that changes are made in the same order in which the local regulatory act was developed and approved. In addition, in cases where changes concern the terms of the employment contract determined by the parties, the consent of the employee is mandatory, which follows from Art. 72 Labor Code of the Russian Federation. However, it should be noted that the employer has the right to change the terms of the employment contract unilaterally by warning the employee two months in advance only if the working conditions have changed due to organizational or technological circumstances (Article 74 of the Labor Code of the Russian Federation).

However, in any case, a change in a local act is carried out on the basis of an order from the employer, which must necessarily indicate the reasons that led to such changes.

In addition, in Art. 12 of the Labor Code of the Russian Federation lists cases when a local normative act or its individual provisions cease to apply:

Firstly, due to the expiration of its validity period. This situation is possible if, during the development and approval of a local act, the period of its validity was determined. Therefore, when specified period such an act automatically loses force;

Secondly, in connection with the cancellation or invalidation of this local act or its individual provisions by another local normative act. This situation arises, for example, when changes were made by the legislation of the Russian Federation. In this case, the new document must indicate that the local normative act that previously regulated legal relations ceases to be in effect completely or in some particular part of it;

Thirdly, in connection with the entry into force of a law or other normative legal act that contains labor law norms, a collective agreement or agreement and provided that the normative act that has entered into force establishes more high level guarantees to employees in comparison with the established local regulations.

At the same time, it should be noted that the cancellation of a local act is also formalized by order of the employer. The exception is when the act expires automatically.

3. The importance of local regulations when considering individual and collective labor demands

So, as discussed above, a local regulatory act is a written document in force at the enterprise, which contains a set of rules and establishes the rights and obligations of members of the workforce. The locality of such acts means that they apply only to employees of a given enterprise, and normativity means that they regulate relations that are of a permanent nature.

In addition, we can say that local regulations are an additional way to protect parties in conflicting relationships, including during legal proceedings.

However, it is very difficult to predict the emergence of a conflict situation, as well as how it will develop, since in this case the human factor. But it is obvious that often the vectors of interests of the workforce and the employer are multidirectional, so the employer must always be ready to resolve the conflict. Therefore, the employer needs to understand what tools can be used to protect the employer’s interests, as well as what local regulations the employer has adopted and how they regulate this or that situation. Accordingly, employees must know their rights and obligations, how they can protect their violated rights, etc.

So, for example, when dismissing an employee for repeated failure by the employee to fulfill his job duties, the employer is obliged to follow the dismissal procedure and formalize Required documents. If the dismissal procedure is not followed on these grounds, the dismissal may be considered illegal. In this case, when resolving such a dispute, it is first necessary to find out how and where the job responsibilities employee, for failure to comply with which he was dismissed.

So having considered judicial practice we can say that with permission labor disputes, the court first of all evaluates written evidence, that is, it examines what local acts are in force at the enterprise, studies the rights and obligations of the parties, etc.

So, for example, in the cassation ruling of the St. Petersburg City Court dated June 18, 2012 N 33-7866/2012 See: SPS Garant. the court declared the order to impose a disciplinary sanction illegal, since the employer did not properly formalize the local acts of the organization: the plaintiff’s job description, which sets out the plaintiff’s rights and responsibilities, etc.

According to the case materials, by order of the organization, the plaintiff was reprimanded for improper performance of labor duties, which resulted in improper organization of the work of departments, which led to serious disruptions in the work of the institution. The basis for the application of this penalty was the conclusion of the commission, which came to the conclusion that actions of this type resulted from the lack of safety regulations, as well as instructions that provide for the actions of responsible employees in the event of such situations, and measures to implement<...>. According to the commission, the work of the departments that were under the authority of the employee was organized inappropriately, which led to significant violations by the employee of his work duties.

Accordingly, the court of first instance, assessing the specified circumstances of the case, having studied the plaintiff’s obligations, came to the conclusion that the order to impose a disciplinary sanction in the form of a reprimand on the plaintiff was illegal.

The judicial panel, taking into account the lack of a job description in the defendant’s organization and functional responsibilities, the impossibility of establishing a list of employees who were directly subordinate to the employee, and a list of departments that he supervised, agrees with these conclusions of the court and considers the arguments of the appeal to be untenable that the plaintiff’s official duties can be confirmed by testimony, since this evidence is not admissible, as the court of first instance correctly noted, the fact of assigning duties to an employee and granting him powers can only be confirmed by written evidence.

Therefore, the employer needs to create local acts that establish rules of conduct when performing work duties. These include job descriptions as the most important documents in terms of defining the responsibilities of employees, as well as internal labor regulations. It is with these documents that the employer has the right to establish a list of duties and prohibitions for employees. Accordingly, failure to fulfill duties and violation by an employee of established prohibitions provide the employer with the right to apply disciplinary measures to the employee, including dismissal as a last resort.

However, it should be noted that in practice, employers rarely use this opportunity and treat the drafting of local regulations formally, only to comply with the requirements of regulatory authorities.

Thus, when considering and resolving individual and collective labor disputes, local regulations play an important role, since they provide for the relationship between the employer and employees in the organization. In turn, the employer needs to take care of the competent drafting of local regulations. Because without internal labor regulations, without job descriptions, as well as keeping time sheets, it will be impossible to apply disciplinary sanctions to negligent employees who do not fulfill their job duties, or who are late for work or who leave without permission during the working day. In addition, without correctly drafted local acts, it will be impossible to resolve the dispute in favor of the employer.

Also, the employer’s lack of written evidence of the employee’s familiarization with the organization’s internal labor regulations and other regulations in the event of a dispute deprives the employer’s representatives of the right to refer to witness testimony that can confirm such familiarization. Also, the absence in the organization of local regulatory legal acts that establish labor relations between the employee and the employer and with which the employee is familiarized in writing, allows the employer to require the employee to comply only with the terms of the employment contract that comply with current legislation. However, the absence in the employment contract of a condition on the regime of work and rest and the specified legal acts of a regulatory nature allows the employee to independently determine working hours and rest time. Accordingly, the employer is deprived of the opportunity to hold the employee accountable for violating the rules of conduct in force in the organization.

Conclusion

So, the goal and objectives that were set in the abstract have been completed. The work examines the legal regulation of internal labor regulations, and also gives the concept of local regulations that regulate labor relations; the procedure for adopting local acts of the organization, the procedure for making changes to these acts, as well as the procedure for their cancellation are considered; the significance of local regulations when considering labor demands is analyzed.

Thus, based on the above, we can draw the following conclusions that:

1. The internal labor regulations are a system of regulations that regulate the legal order in the sphere of labor and which is in effect for a particular employer.

2. One of the local regulations that is aimed at ensuring labor discipline is the internal labor regulations.

3. Local regulations aimed at regulating labor relations are documents that are in force at the enterprise, both in an organization and an individual entrepreneur, and which contain a set of rules establishing the rights and obligations of members of the workforce. The locality of acts means that they apply only to employees of a particular enterprise, and normativity means that they regulate relations that are of a permanent and typical nature.

4. Employers have the right to adopt local acts in order to supplement and clarify the norms of laws and other normative legal acts that establish labor relations between the employer and employees, as well as in cases where laws, other normative legal acts, agreements oblige him to do so. collective agreement, etc. for the purpose of implementing the law.

5. The employer determines independently what form to take the local regulatory act. At the same time, the most common form of such acts are: regulations, rules and instructions.

6. Local acts of the enterprise include internal labor regulations, various provisions, for example, provisions on personal data, on remuneration, on certification, instructions on labor protection, etc.

7. The current labor legislation of the Russian Federation provides for the procedure for the adoption of local regulations of the organization. Thus, the adoption of each local regulatory act takes place in several stages:

The first stage is development;

The second stage is coordination;

The third stage is approval;

The fourth stage is implementation.

8. The labor legislation of the Russian Federation provides for the employer’s obligation to familiarize each employee with local regulations that are directly related to work activity and are applied in the organization or individual entrepreneur.

9. Failure to familiarize employees with local regulations is a violation of the labor legislation of the Russian Federation, which provides for administrative liability for the employer.

10. When considering and resolving labor disputes, local acts of the enterprise play an important role, since they regulate the relationship between the employer and employees in the organization. Also, without these acts, it is impossible to apply disciplinary sanctions to employees who do not fulfill their job duties, as well as who are late for work or absent without warning during the working day. In addition, without correctly drafted local acts, it will be impossible to resolve the dispute in favor of the employer.

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Labor routine and labor discipline

Regulations on internal labor regulations

The internal labor regulations of the enterprise are developed in accordance with the norms of the Labor Code of the Russian Federation, state standards, as well as taking into account the specifics of the enterprise - situations typical for this enterprise, work shifts, the procedure for granting vacations, and the like.

Structure of the internal labor regulations

Considering that the internal labor regulations (ILR) of any enterprise are drawn up in accordance with Articles 189 and 190 of the Labor Code Russian Federation, we can highlight typical structure this document. Internal labor regulations must contain:

general provisions;
incentive measures;
Time relax;
basic rights and responsibilities of employees;
basic rights and obligations of the employer;
work time;
employee liability for violation of discipline;
procedure for hiring and dismissal;
final provisions.

The general provisions briefly describe the purposes of the document, the persons who are obliged to comply with the provisions of the document and the regulations that guided the preparation of the PVTR.

The section on the procedure for hiring and dismissal should describe the nuances of hiring specifically for this enterprise(qualifications, educational documents, etc.), hiring procedure and dismissal procedure, availability probationary period, its conditions and duration.

The section of the basic rights and obligations of employees is written on the basis of Article 21 of the Labor Code of the Russian Federation, and the section of the basic rights and obligations of employers is written on the basis of Article 22 of the Labor Code of the Russian Federation.

The working time section must contain information about the start and end time of the working day, the number of working hours per day and per week, information about weekends and holidays (non-working) days established at the enterprise, the procedure for payment and calculation of wages. This section also lists the positions of part-time employees (if the company has them). If necessary, this section may include the daily work schedule of individual employees.

The rest time section should contain information about the procedure and duration of vacations and time off, about weekends and breaks (lunch, special).

The section on incentive measures lists all the moral and material incentive measures taken by the enterprise for employees, as well as the procedure for incentives.

The section on employee responsibility for violation of discipline contains a list of disciplinary measures for violation of labor discipline and the procedure for their application.

Finally, the final provisions describe the procedure for resolving labor disputes and remind us of the mandatory implementation of the PVTR.

PVTR – their content, approval and action

Since the labor regulations are determined by the internal labor regulations, this document must contain precise, succinct wording. It is not easy to rewrite the Labor Code of the Russian Federation, but to contain as complete a list of situations as possible that may directly arise at a given enterprise.

p>The document must be drawn up in clear language and provide information accessible to every employee of the enterprise. The internal labor regulations should not contain clauses that worsen the situation of the enterprise's employees (this is prohibited by law).

Approval of PVTR

The internal labor regulations are approved by the head of the enterprise: with his signature on the document or by issuing a separate order. The manager may appoint a separate authorized person who will approve the PVTR; in this case, the title page is marked “Approved”, which indicates the full name and position of the person who approved it. If the PVTR were approved by order, the details of the order are written on the title page.

The procedure for approving PVTR affects the possibility of making changes to them. If an order on internal labor regulations was issued, changes to the PVTR are made by subsequent similar orders. If the PVTR was approved as a separate document, the approval procedure must be repeated.

Approval of PVTR

Before approval, the regulations on internal labor regulations must be agreed upon with the representative body of the enterprise's employees (RPB). Typically, the representative body is considered to be the trade union committee of the enterprise, and in the absence of one, the council of workers, which acts on behalf of the entire workforce. In case of absence and trade union committee, and the council of workers, the draft PVTR must be agreed upon general meeting employees of the enterprise.

If the enterprise has a PRP, upon receipt of the draft PVTR, the representative body of workers must give the manager a written opinion on the project: either it is accepted unconditionally, or there are comments and additions (in this case, the PRP prepares proposals for changing the PVTR). The head of the enterprise, within three days, considers the comments and additions submitted to him, and then either introduces them into the draft, or organizes a meeting with the representative body of workers to reach a compromise on controversial points, or accepts the PVTR on the original draft, regardless of the opinion of the workers. In the latter case, a protocol of disagreements must be drawn up. Based on this protocol, employees can challenge the approved internal labor regulations.

The effect of the regulations on internal labor regulations at the enterprise

Since the main labor regulations and labor discipline at the enterprise are the main ones, the provision on internal labor regulations must not only be developed, but also be in a visible (or accessible to every employee) place in every structural unit enterprises. Each employee of the enterprise must be familiarized with the PVTR upon signature, for which a separate book is opened. An employee who is about to be hired must first be familiarized with the internal labor regulations, and then with all other documents.

Lack of internal labor regulations at the enterprise during an inspection Labor Inspectorate may entail administrative fines from one thousand to fifty thousand rubles (depending on the form of registration of the enterprise), since the absence of this document is considered a violation of labor and labor protection legislation. Repeated such violation may result in a ban on entrepreneurial activity from one to three years.

Special categories of workers

Currently, there are separate charters and regulations (which also provide for certain types of disciplinary sanctions for violations) for:

workers of sea, river, air and road transport;
employees of organizations with particularly hazardous production in the field of nuclear energy use;
heads of administrations;
workers customs service Russian Federation;
geological exploration.

Let us remind you that the legal regulation of the labor regulations of other employees at enterprises must be ensured by the internal labor regulations.

Violation of labor regulations

Labor regulations determine the labor discipline of the company's employees, so violations of the labor regulations are very serious. Disciplinary measures for violating PVTR must be prescribed in the internal labor regulations, and the employee must be familiar with them.

It should be taken into account that, according to the law, it is impossible to impose penalties without requesting written explanations from the employee regarding the violation (such penalties can also be easily appealed in court).

It is also prohibited to apply penalties that are not provided for in the Labor Code, other state laws and internal documents of the enterprise. It is prohibited to impose penalties in a manner different from that prescribed in the documents of the enterprise.

It is necessary to take into account that punishment can be applied only no later than six months after the commission of a disciplinary offense, but if the offense was revealed during an inspection or audit, then within no more than two years after its commission.

Most importantly, it is legally prohibited to apply multiple disciplinary sanctions for one offense. But it can be applied simultaneously disciplinary action and a disciplinary measure, for example, a severe reprimand and deprivation of a bonus - this will be considered a severe reprimand.

The employee must be familiar with the order or order on collection against signature within three days after the publication of the relevant document.

It is also necessary to remember that it is impossible for an employee to be held accountable for violation of labor discipline if he has not been familiarized with the internal labor regulations of the enterprise against signature, since in this case he can refer to the fact that he does not know what specific requirements he had to do it.

The main sections that make up the structure of labor regulations

The labor routine is represented as a necessary condition for joint labor activity, designed to regulate the behavior of all participants in labor relations, subordinating their actions to the single and main goal of labor activity. Subject to compliance with labor regulations, a certain consistency is ensured between the actions of employees and employers and in the relationships between employees.

Internal labor regulations are the basis of labor discipline, which includes general rules behavior in the process of joint labor activity, which determines the range of mutual responsibilities of participants in the labor process, as well as determining the basic working conditions: work and rest hours, labor protection issues, as well as measures of rewards and penalties.

The internal labor regulations consist of:

general provisions defining who these rules apply to and what their main goals and objectives are;
the procedure for hiring and dismissing employees (with brief provisions of the Labor Code);
the main responsibilities of the employee;
the main responsibilities of the employer;
working time and its use, consisting of: working time regime for the entire production and its divisions. The beginning and end of lunch and intra-shift breaks, shift schedules, structure of the working week;
measures of incentives for success in work;
disciplinary liability for violation of labor discipline.

These rules must be communicated to every employee.

Regulatory regulation of internal labor regulations at the enterprise

Regulation of labor discipline and labor regulations in each organization is carried out through the establishment of internal labor regulations.

Note 1

The work of certain categories of workers in certain industries: prosecutors, judges, transport workers is regulated approved by the Government of the Russian Federation with special acts consisting of charters and regulations on labor discipline. Only the main workers of the industry are subject to these regulations, all other workers carry out their labor activity based on internal labor regulations.

Internal labor regulations are essentially represented by a local regulatory act of the organization, which provides regulation of the procedure for hiring and dismissing employees, the fundamental rights, duties and responsibilities of the parties to labor relations, issues of work and rest hours, incentives and penalties applied to employees, as well as other issues regulation of labor relations at the enterprise.

The rules of procedure at the enterprise are approved by the manager, taking into account the opinion of the representative body of the enterprise's employees. These rules must be followed by all employees of the organization.

Often, the labor regulations of an enterprise are an annex to the employment contract, and the manager is obliged to familiarize the employee concluding the employment contract with them, discussing all the necessary points. When discussing these rules, the interests of workers are represented by the primary trade union organization.

The main purpose of these rules is to regulate the work schedule at the enterprise, strengthen labor discipline, promote the rational use of their working time by employees and ensure high labor productivity.

The main content of the labor regulations at each enterprise are certain responsibilities of participants in labor relations. At the time of concluding an employment contract, the employee undertakes to comply with the labor regulations and fulfill his main duties, which are reflected in the Labor Code and are specified by the internal labor regulations, regulations, statutes on labor discipline and other legislative acts.

Note 2

The employer's responsibility is to create the necessary conditions for employees to comply with labor discipline.

The internal labor regulations of an organization are a local regulatory act of an organization that regulates, in accordance with the Labor Code 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, incentive measures applied to employees and penalties, as well as other issues of regulation of labor relations in the organization.

The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the organization's employees (this reduces industrial democracy and the role of the organization's labor collectives, since these rules were approved by the general meeting of the labor collective). They are usually an annex to the collective agreement.

Employees who are not members of a trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with the employer. If the organization does not have a primary trade union organization, as well as if there is a trade union organization that unites less than half of the workers at a general meeting (conference), employees can entrust the representation of their interests to an existing trade union organization or another representative.

House rules usually consist of the following seven sections:

1) general provisions providing for the operation of these rules, to whom they apply, their purpose, objectives;
2) the procedure for hiring and dismissal (the provisions of the Code are briefly presented with their clarification for this proceeding);
3) the main duties of the employee;
4) the main responsibilities of the employer and its administration;
5) working time and its use: working hours for the entire production and individual departments, including the beginning and end of lunch and other intra-shift breaks, shift schedules (including shift method work), structure of the working week (5- or 6-day);
6) incentive measures for success in work;
7) disciplinary liability for violation of labor discipline.

Internal labor regulations apply to all employees of the organization.

Each employee is obliged to: conscientiously fulfill his labor duties assigned to him by the employment contract; comply with the internal labor regulations of the organization; observe labor discipline; comply with established labor standards; comply with labor protection and occupational safety requirements; treat the property of the employer and other employees with care. These labor responsibilities are specified in the internal labor regulations of the organization and in the charters and regulations on discipline. The individual responsibilities of a particular employee are fixed in the employment contract.

When concluding an employment contract, the employee undertakes the obligation to comply with internal labor regulations. The employer is obliged to familiarize the employee with the internal labor regulations when hiring him.

The main responsibilities of the employer are formulated and specified in the internal labor regulations, regulations and charters on discipline and other legislative acts. These basic responsibilities include: complying with laws and other regulations, the terms of collective agreements, agreements and employment contracts; provide employees with work stipulated by the employment contract; ensure labor safety and conditions that meet occupational safety and health requirements; provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; provide workers with equal pay for work of equal value; pay the full amount of wages due to employees within the time limits established by the Labor Code, collective agreement, internal labor regulations of the organization, and employment contracts; provide for the everyday needs of employees related to the performance of their labor duties, etc. Thus, the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

In those sectors of the national economy where charters and regulations on discipline apply to key workers, internal labor regulations also apply to other employees of this production who are not those who are subject to the charters and regulations.

Statutes and regulations on discipline are approved by the government of the country. Since charters and regulations on discipline are special legislation and apply to those main (leading) employees whose gross disciplinary offense can lead to serious consequences or death of people and goods, these acts may provide for more stringent disciplinary liability than general labor regulations. rights. These acts also provide for additional responsibilities of employees and their managers.

All productions must have internal labor regulations. These rules include the responsibilities not only of workers, but also of the administration, and not only for the implementation of the rules themselves, but also the corresponding job descriptions, instructions and rules on safety precautions, industrial sanitation, fire safety, radiation safety, etc.

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