Rest time, incentives and penalties applied to employees, etc.

As a rule, local regulations are approved at the enterprise by order or directive of its head. According to Art. 190 Labor Code of the Russian Federation Internal labor rules routine(hereinafter referred to as the VTR Rules) are approved taking into account the opinion of the representative body of employees, if such a body exists in the organization.

The Labor Code of the Russian Federation does not clearly define the procedure for introducing changes and additions to the VTR Rules. Therefore, here we should resort to such a method of eliminating gaps in legislation as the “analogy of law”. That is, the VTR Rules are changed in the same order as they were adopted. And here there are two possible development options.

Option 1. The VTR rules have been adopted by the organization as an independent local regulatory act. In this case, they are approved, and also supplemented and amended in the manner prescribed by Art. 372 Labor Code of the Russian Federation. Thus, the employer also sends a rationale for it to the elected body of the primary organization. A reasoned opinion in writing is submitted to the employer no later than five working days from the date of receipt of the project.

If the trade union body disagrees with the draft changes to the VTR Rules, the employer may agree to the version of changes proposed by this body or conduct additional consultations with the elected body of the primary trade union organization of employees in order to achieve a mutually acceptable solution.

All disagreements are documented in a protocol, but even if they exist, the head of the organization has the right to accept changes in the VTR Rules, which can be appealed by the elected body of the primary trade union organization to the relevant state inspection, to the court, or to begin a collective labor dispute procedure in the manner established by this Code.

Option 2. If the VTR Rules are an annex to the collective agreement (are part of it), then they must be amended and supplemented in the order changes and additions to the collective agreement (Article 44 of the Labor Code of the Russian Federation).

note

The absence of an elected representative body of workers at the enterprise is not an obstacle to the approval of the VTR Rules and, if necessary, their additions and changes.

Helpful advice

If changes to the VTR Rules entail changes to the terms of the employment contract, then employees of the enterprise must be warned about this at least 2 months before these changes enter into force (Articles 72, 74 of the Labor Code of the Russian Federation).

Sources:

• amendments to internal labor regulations

Tip 2: How to make changes to house rules

Internal rules routine- this is a normative act regulating the relationship between employer and employee in accordance with the provisions of Article 190 of the Labor Code of the Russian Federation, the collective labor agreement and the Charter of the company. The document is developed by the enterprise administration together with a trade union organization or other representative body of the workforce. The rules regulate the standards of payment and labor protection, labor regime, discipline, guarantees and compensation for employees of the enterprise. Amendments to the internal rules routine may take place at the initiative of the employer in accordance with Art. 74 of the Labor Code of the Russian Federation, but in most cases the order changes rules does not differ from the procedure for adoption. The reason may be a change in technological or organizational working conditions and, as a consequence, the impossibility of the parties to comply with the terms of the employment contract.

Instructions

Prepare and endorse a new version of the Internal Rules routine by the time the changes come into force.

note

If the Rules were adopted as part of a collective labor agreement, then the procedure for changing them is regulated by Art. 44 Labor Code of the Russian Federation. If they were adopted as an independent normative act, then Art. 372 of the Labor Code of the Russian Federation, which requires coordination of changes with the representative body of the enterprise’s employees.

Helpful advice

Frequent errors in processing changes to the Internal Regulations are listed in the link provided at the bottom of this page.

Sources:

• violation of the procedure for changing internal labor regulations in 2019

Tip 3: How to draw up internal labor regulations

Each organization must have an organizational and administrative document such as internal labor regulations. It is with the help of this act that the labor relations of the employer and employees are regulated. As a rule, the labor regime and routine of all organizations are different, so there cannot be a unified form of this document. Each manager, together with the legal department or human resources department, develops these rules.

Instructions

Internal labor regulations can be either an annex to the organization’s collective agreement or drawn up as a separate local act. Whether or not to draw up a title page for this document is up to you, but in practice, most often it is not drawn up.

First you must define the specifics. If your organization has employees who work part-time, then this document should reflect this by indicating their positions. Write about their daily routine, that is, rest times, work hours, etc.

If you have employees involved in temporary work, then your internal regulations should indicate the conditions of their work, for example, the right to leave.

In this organizational and administrative document, first write down the general provisions, that is, indicate for whom the rules are being developed, their purpose, and by whom they are approved. Next, you can specify the procedure for hiring employees and firing them. For example, in this block you can indicate the use of a probationary period, the need to fill out a bypass sheet before dismissal, etc.

The next point is the working hours and its use. Here you can list all the holidays in the coming year. Also be sure to indicate the work schedule, lunch hours, duration of vacation, the possibility of providing leave without pay, etc.

Also, in the internal labor regulations, write down information about the payment of wages, for example, indicate the date when this occurs. If you use bank transfer to pay it, then also write this down in the act.

Don’t forget about the “Rewards for successful work” clause. List specific payments, that is, indicate bonuses and allowances for exceeding the work plan. After this, it is advisable to write about responsibility for violations of the rules, indicating the amount of disciplinary sanctions. Next, indicate information from both your side and the employee’s.

When choosing certain rules, remember that this act should not be overloaded with information, it should be easy to read and understand.

Video on the topic

A collective agreement is an internal legal document that regulates the social and labor relations of members of one team (Article 40 of the Labor Code of the Russian Federation). The document is drawn up and agreed upon with the participation of management and representatives of workers represented by a primary or independent trade union organization. Any changes or additions can be made by the same composition through negotiations and voting.

You will need

• - general meeting of the administration and the primary or independent trade union;
• - protocol with signatures of voting participants.

Instructions

According to Article 41 of the Labor Code of the Russian Federation, you can include a list of any issues regulated at a given enterprise. The legislation does not provide instructions regarding a specific list. To change one or more points or conclude a new collective agreement with changes, additions or the same, gather a primary or independent trade union organization and the administrative staff of the enterprise.

Announce the agenda and record it in written minutes. Record the entire course of the meeting, proposals for changes or additions with arguments for certain issues raised, in the minutes.

Make changes or additions to the collective agreement if the number of voters for the proposal is more than 50%. A smaller number of votes confirms that the proposals put forward have not been voted on and the internal collective agreement is not subject to change or is subject to change on several points for which the majority of members of the meeting voted.

Any collective agreement can be drawn up for a period of one to three years. After this period, the document is subject to re-approval on all existing points with additions, changes and with consideration on the agenda of new proposals that need to be included in the document.

For any changes to the contract or when approving a new document, hold a general meeting, vote and collect signatures of management and trade union leaders under the list of changed or approved issues.

No change or statement in the document should infringe on the rights of working employees in relation to other citizens. All clauses of the collective agreement must comply with the instructions of the current Labor Code and general civil norms specified in this regard in the Civil Code of the Russian Federation. If any clauses do not meet these requirements, they will be considered invalid by law, regardless of general approval and voting.

INTERNAL LABOR RULES

1. General Provisions

1.1. The internal labor regulations of AAAA LLC (hereinafter referred to as the “Enterprise”) are a local regulatory act of the Enterprise that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract. , working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations at the Enterprise.
The labor regulations of the Enterprise are determined by the Internal Labor Regulations.
1.2. In accordance with the Constitution of the Russian Federation - Russia, everyone has the right to work, which he freely chooses or to which he freely agrees, the right to manage his ability to work, including the right to choose a profession and type of activity.
Everyone has equal opportunities to exercise their labor rights. Forced labor is prohibited.
Each employee realizes his right to work by concluding an employment contract to work at the Enterprise.
1.3. An employment contract is an agreement between an employee and an Enterprise, according to which the employer (enterprise) undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, agreements, local regulations containing standards labor law, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement and to comply with the internal labor regulations in force at the Enterprise. The parties to the employment contract are the employer - the enterprise and the employee.
1.4. Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, agreements, employment contracts, and local regulations of the organization.
Relations at the Enterprise arising regarding the distribution of rights, duties, responsibility for fulfilling duties, the use of rights, the use of incentive and coercive measures are part of labor relations.
Labor discipline is ensured mainly by the employee’s subordination to the management of the Enterprise (division) and directly to the official specified in the employee’s job description.

2. Procedure for hiring and dismissal
2.1. Employment at the Company is carried out on the basis of an employment contract.
2.1.1. When applying for a job at the Enterprise, the administration is obliged to require from the applicant:
– submission of a work book, prepared in accordance with the established procedure;
– presentation of a passport proving identity;
– presentation of a diploma or other document confirming the education received or a document confirming a specialty or qualification.
Employment without the specified documents will not be accepted.
In order to more fully assess the professional and business qualities of the hired employee, the Administration of the Enterprise has the right to invite him to submit a brief written description (resume) indicating his previous places of work and the nature of the work previously performed, as well as to test his ability to use office equipment, work on a computer, etc.
Employment at the Company may be subject to a probationary period of 1 to 3 months.
Hiring is formalized by an order, which is announced to the employee against signature.
2.1.2. When an employee is hired or transferred to another job in the prescribed manner, the administration:
– familiarizes him with the assigned work, conditions and remuneration, explains to the employee his rights and obligations;
– introduces the internal labor regulations;
– conducts instructions on safety precautions, industrial sanitation, fire protection and other labor protection rules, as well as on the obligation to preserve information that constitutes a trade secret or official secret of the Enterprise, and responsibility for its disclosure or transfer to other persons.
2.1.3. Employment contracts can be concluded:
a) for an indefinite period;
b) for a certain period (fixed-term employment contract).
2.1.
2.1.4. Work records are maintained for all employees in the manner prescribed by law.

2.2. Termination of an employment contract can only take place on the grounds provided for by labor legislation.
2.2.1. An employee has the right to terminate an employment contract concluded for an indefinite period by notifying the administration in writing two weeks in advance. By agreement between the employee and the administration, the employment contract can be terminated within the period requested by the employee.
2.2.2. A fixed-term employment contract is subject to early termination at the request of the employee in the event of his illness or disability preventing the performance of work under the contract, violation by the administration of labor legislation, the employment contract and for other valid reasons provided for by the current labor legislation.
2.2.3. An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, can be terminated by the Administration of the Enterprise in the following cases:
– agreements of the parties;
– liquidation of the Enterprise, reduction of the number or staff of employees;
– detection of an employee’s inconsistency with the position held or the work performed due to insufficient qualifications or health conditions that prevent the continuation of this work;
– systematic failure by an employee, without good reason, to fulfill the duties assigned to him by an employment contract, or internal labor regulations, if disciplinary or public sanctions have previously been applied to the employee;
– absenteeism (including absence from work for more than four hours during a working day) without good reason;
– absence from work for more than four months in a row due to temporary disability;
– reinstatement of the employee who previously performed this work;
– appearing at work drunk, under the influence of narcotic or toxic intoxication;
– theft at the place of work (including small) of the Company’s property, established by a court verdict that has entered into legal force or a resolution of an authority whose competence includes the imposition of an administrative penalty or the application of public sanctions.
2.2.4. The submission by an employee of a resignation letter of his own free will does not exclude the possibility of his dismissal on another basis, if such a basis exists at the time of the employee’s dismissal.
2.2.5. Termination of an employment contract is announced by order of the Enterprise. At the request of the employee, he is issued a certificate indicating the amount of his salary. Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the current legislation and with reference to the relevant article. The day of dismissal is considered the last day of work.

3. Main responsibilities of workers and administration
3.1. Employees of the Enterprise are obliged to:
3.1.1 Conscientiously fulfill your job duties, observe labor discipline, promptly and accurately execute the orders of the administration and immediate supervisor, use all working time for productive work.
3.1.2. Complete production tasks and assignments efficiently and on time, work to improve your professional level.
3.1.3. Maintain cleanliness and order in your workplace, office and other premises, follow the established procedure for storing documents and material assets.
3.1.4. Effectively use personal computers, office equipment and other equipment, economically and rationally use materials, energy, and other material resources.
3.1.5. Comply with norms, rules and instructions on labor protection, industrial sanitation, fire safety.
3.1.6. Do not deliberately mislead the administration and immediate supervisors with false information related to work activity and circumstances that could affect it.
3.1.7. Report to management any violations of the law.
3.1.8. Comply with all laws and regulations applicable to the Company's area of ​​activity.
3.1.9. Comply with established labor standards and production tasks.
3.1.10. Have an appearance that meets the standards of business etiquette:
– the appearance of employees should not contain flashy or flashy elements, clothing should not look provocative;
– it is prohibited to appear at the workplace in untidy clothes and shoes, as well as in home-style or beach-style clothes and shoes;
3.1.11. Without the consent of the administration, work part-time in other organizations or perform work for them or provide services under civil law contracts for the activities of the Enterprise.
3.1.12. The range of duties that each employee performs in his specialty, qualifications, position is determined by the employment contract and job description.

3.2. The administration is obliged:
– comply with labor laws;
– properly organize the work of workers at their assigned workplaces, provide them with the necessary supplies and office equipment, create healthy and safe working conditions;
– ensure strict adherence to labor discipline, apply measures of influence against violators of labor discipline;
– comply with the terms of remuneration stipulated in the employment contract;
– to assist employees in improving their qualifications and improving their professional skills.
3.2.1 The administration, in carrying out its duties, strives to create a highly professional, efficient team, develop corporate relations among employees, and their interest in the development and strengthening of the activities of the Enterprise.

4. Rights of workers and administration
4.1. Employees have the right:
4.1.1 Make proposals for improving work, as well as on issues of socio-cultural or consumer services.
4.1.2 For remuneration for work, without any discrimination and not lower than the minimum wage established by federal law.
4.1.3 On vacation.
4.1.4 Contact your immediate supervisor regarding any issue, including such as violation of the law or unethical behavior.
4.1.5 In addition, employees enjoy other rights granted to them by labor legislation and the employment contract.

4.2. The administration has the right:
4.2.1 Determine, change and clarify the labor responsibilities of employees based on the production interests of the Enterprise, taking into account employment contracts and labor legislation.
4.2.2 Issue orders and give instructions that are binding on all employees, and also demand their strict execution.
4.2.3 Monitor compliance by the Company’s employees with labor discipline and compliance with the terms of these Internal Labor Regulations, and apply appropriate sanctions to employees who violate them.
4.2.4 Encourage employees for success at work.
4.2.5 Apply measures of material and disciplinary liability to employees of the Enterprise.
4.2.6 Exercise other rights that do not contradict current labor legislation.

5. Working time and rest time
5.1. In accordance with current legislation, a five-day work week of 40 hours with two days off – Saturday and Sunday – is established for the Company’s employees.
5.2. Involving the Company's employees to work on weekends is permitted in cases stipulated by labor legislation and, in particular, to perform urgent, unforeseen work, on the urgent completion of which the normal operation of the Company as a whole or its individual division depends in the future.
5.3. The working day at the Company is set from 9.00 to 18.00. Workers1: 1st shift –08.00-17.00, 2nd shift – 11.00-20.00. Workers2 – 10.00-19.00.
If there is a production need, certain categories of employees are assigned a shift work schedule, which is regulated by separate schedules.
5.3. The start of daily work, the time of the lunch break and the end of the working day are established for the employees of the Enterprise, taking into account their production activities and are determined by the employment contract or work schedules approved by the administration of the Enterprise. If the employment contract establishes an 8-hour working day and the nature of the work does not provide for technological breaks, the total time for rest, eating and smoking during the working day should not exceed 1 hour.
5.4. On the eve of holidays, work hours are reduced by 1 hour.
5.5. If a weekend and a holiday coincide, the day off is transferred to the next working day after the holiday.
5.6. Work on a weekend or holiday is compensated by providing another day of rest or, by agreement of the parties, in cash, the amount of which is determined individually.
5.7. In case of absence from work for valid reasons (illness of the employee or his family members, death of close relatives), the employee is obliged to notify his immediate supervisor about the reasons for his absence from the workplace.

6. Salary, social insurance, benefits
6.1. The remuneration of each employee depends on his personal labor contribution and quality of work and is not limited to the maximum amount.
6.2. Employees of the Enterprise enjoy all types of state social insurance. Service notes and necessary documents for receiving one-time benefits are transferred by the head of the unit to the personnel service. Additional payments and compensations, the procedure for providing them to employees are established by the administration.

7. Vacation
7.1. The duration of annual paid leave for all employees, according to current legislation, is established at least 28 calendar days. The administration reserves the right to divide the vacation into two parts of 14 calendar days.
7.2. The priority for granting vacations is established by the administration, taking into account production needs and the wishes of employees.
7.3. Failure to provide annual leave for two consecutive years is prohibited. Replacement of vacation with monetary compensation is not allowed, except in cases of dismissal of an employee who did not use the vacation.
7.4. An employee of the Company may be recalled from regular leave if this is due to production needs. A decision on this can be made by the General Director of the Enterprise on the recommendation of the head of a structural unit.
7.5. The vacation schedule for the Company's employees is approved before December 15 of the current year.
7.6. Due to personal and family circumstances, an employee, at his request, with the permission of the head of the Enterprise, may be granted leave without pay.

8. Rewards for success at work
8.1. For highly professional performance of job duties, increased labor productivity, long-term and impeccable work and other successes in work, the following measures of incentives for employees of the Enterprise are applied:
– declaration of gratitude;
– rewarding with a valuable gift, cash prize;
- promotion.
Incentives are announced by order, brought to the attention of the team and entered into the employee’s work book.

9. Responsibility for violations of labor discipline
9.1. For violation of labor discipline, the administration applies the following disciplinary sanctions:
– remark;
– reprimand;
- dismissal.
9.2. The administration has the right, instead of imposing a disciplinary sanction, to refer the issue of violation of labor discipline to the consideration of the work collective. The employee must be required to provide written explanations. An employee’s refusal to provide an explanation cannot serve as an obstacle to the application of a penalty.
9.3. Disciplinary sanctions are applied immediately upon discovery of the misconduct, but no later than one month from the date of its discovery, not counting the time of illness or the employee being on vacation. The penalty cannot be imposed later than six months from the date of commission of the offense, and based on the results of an audit or inspection of financial and economic activities - no later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.
9.4. For each violation of labor discipline, only one disciplinary sanction can be imposed. When imposing a disciplinary sanction, the severity of the offense committed, the circumstances in which it was committed, the employee’s previous work and behavior must be taken into account.
9.5. An order to apply a disciplinary sanction, indicating the reasons for its application, is announced (notified) to the employee subject to the penalty against signature.
9.6. If within a year from the date of application of the disciplinary sanction the employee is not subjected to a new disciplinary sanction, then he is considered not to have been subjected to disciplinary sanction.
9.7. A disciplinary sanction can be lifted by the administration on its own initiative, at the request of the immediate supervisor or the workforce, if the person subject to disciplinary action has not committed a new offense and has proven himself to be a conscientious employee.
9.9. During the period of validity of the disciplinary sanction, incentive measures are not applied to the employee.

10. Consideration of labor disputes
10.1. Labor disputes are resolved in the order of subordination.
10.2. If the dispute between the parties is not resolved, it must be resolved in court.

Which, as a general rule, must be developed and approved by companies, regardless of their legal form, as well as individual entrepreneurs. However, there are exceptions for some categories. In particular, employers - individuals who are not individual entrepreneurs - should not have labor regulations.

Often, when employers encounter the abbreviation PVTR, they do not understand what document they are talking about. PVTR (decoding) are internal labor regulations. When developing this document, it is worth considering that for certain categories of employees there are charters and regulations on discipline established by law. However, they do not replace the internal regulations. If an employer works in this industry, then when developing rules, he is obliged to take into account the norms of these documents. Thus, labor discipline (internal labor regulations must include the necessary information) is provided for workers in maritime transport, railway transport, and for employees of companies using nuclear or atomic developments in production.

Who approves the internal labor regulations of the organization?

A unified form of rules has not been approved, so the employer develops them independently, on his own. Thus, the answer to the question will be this: internal labor regulations are approved by the employer.

Developing such a document from scratch is often problematic for employers. When drawing up rules, you can rely on the Model Internal Labor Regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the USSR State Committee for Labor No. 213 of July 20, 1984. However, do not forget that the model rules were approved more than thirty years ago and are partially outdated .

Internal regulations (you can download a sample document at the end of the article) should regulate the main issues of labor relations. Thus, the rules need to consider the main obligations and rights of the parties, incentive measures and the procedure for imposing penalties. In addition, internal labor regulations are adopted to maintain discipline in the team, coordinated and effective work, and help increase productivity in production.

Internal labor regulations (sample)

Inside, like most documents, the rules are divided into logical parts (sections, clauses, subclauses, etc.). What information needs to be reflected in the document? As a rule, an organization’s internal labor regulations contain the following sections:

• general provisions;
• employee rights and obligations;
• liability of the parties;
• wages at the enterprise;
• procedure for hiring employees, transfers, movements;
• the procedure according to which an employment contract is terminated;
• the procedure for introducing and entering into force of changes.

The draft PVTR drawn up by the employer (sample below) must be sent for consideration to the representative body of employees (if there is one). In its absence, the internal regulations are approved by the employer independently.

The employer must endorse and sign the drawn up and agreed Rules. The rules must contain such details as “Signature”. Who approves the internal labor regulations of the organization? As a rule, the rules are signed by the one who compiled them, that is, the head of the personnel department, personnel service or general director.

Before signing the internal regulations of the organization, the document must be agreed upon with one of the interested employees - for example, this could be a lawyer or the head of the personnel department. This is not a mandatory procedure; it all depends on what procedure the employer has for adopting regulations.

Order for approval of PVTR (sample)

Once the document has been endorsed by the interested employee (if necessary) and approved, the labor regulations must be put into effect. The rules themselves may contain a special approval column, or the employer may issue a separate order on internal labor regulations.

The order must include the following information:

• The date from which the document was put into effect;
• A responsible employee who must familiarize employees with the document for signature, and will also monitor the relevance of the document (this can be the head or a specialist in the HR department).

How often are internal labor regulations approved? Can an employer make changes to an approved document? The employer can make changes to the document if the need arises. This may be due to a revision of the timing of payment of wages, the start or end time of the working day, the list of disciplinary sanctions for a particular violation or, conversely, incentives for certain achievements.

In addition, there is another reason for changing such a document as the internal labor regulations - the Labor Code of the Russian Federation. The document must comply with current legislation, but changes take time. It would be advisable to provide a clause in the rules that would stipulate changes to the document in this case. Changes to the internal labor regulations are approved and introduced as necessary. There are no restrictions on the number of changes or time intervals between changes.

You can download the internal labor regulations below. It is advisable to place a copy of the approved document in a place accessible to employees, so that if questions arise, everyone can familiarize themselves with the document.

One of the documents regulating labor relations with the employer (in accordance with the law) is the internal labor regulations (ILR). For example, with the help of rules in an organization, they determine the labor regime, internal work schedule, the procedure for applying incentives and penalties to employees, establish the rights, duties and responsibilities of the parties, as well as other working conditions.

PVTR are developed and compiled by the organization independently (based on the specifics of the work) by the personnel or legal service of the enterprise and can be an annex to the collective agreement. There is a regulatory framework to assist in the development of PVTP. Since this document relates to organizational and administrative documents, its execution is regulated by the requirements established by GOST R 6.30-2003.

Usually, a cover page for the internal regulations is not issued. The first sheet of rules must contain a header with an image of the logo, the full name of the organization (in some cases, an abbreviated name is allowed if it is enshrined in the charter), as well as the name of the document - in capital letters. If the developed labor regulations are an annex to the collective agreement, then a corresponding mark is made at the top.

In the upper right corner there is a stamp of approval of the rules. For example, I APPROVED General Director Full name. Date of.

The date of drawing up the rules is the date of their approval.

Let us remind you once again that PVTR should reflect the specifics of the organization’s work and identify as many typical situations that arise in the process of work as possible.

Internal rules are prohibited from prescribing conditions that worsen the situation of employees.

The developed set of rules must necessarily go through the stage of coordination with other departments of the organization, as well as with representatives of the trade union committee, and only after that approved by the head.

All employees must be familiarized with the approved procedure against signature. Thus, an organization's PVTR should be posted in a visible place and available for reading at any time.

The content of the PVTR is usually developed on the basis of documents regulating the activities of the enterprise in the field of human resource management, as well as standard (exemplary) rules. Recommended document structure:

1. General provisions- the purpose of the rules and their application, to whom they apply, in what cases they are revised and other general information.
2. The procedure for hiring and dismissing employees- a description of the procedure for registering the hiring and dismissal of employees, the organization’s actions when transferring an employee to another job, the conditions and duration of the probationary period, a list of necessary documents.
3. Basic rights and responsibilities of employees(based on Article 21 of the Labor Code of the Russian Federation).
4. Basic rights and obligations of an employer(based on Article 22 of the Labor Code of the Russian Federation).
5. Work time- start and end times of the working day (shift), duration of the working day (shift) and working week, number of shifts per day; a list of positions of employees with irregular working hours, if any; place and timing of payment of wages.
6. Time relax- time of lunch break and its duration; special breaks for certain categories of workers (for example, loaders, janitors, construction workers working outdoors in the cold season), as well as a list of jobs in which they are employed; weekends (if the organization operates on a five-day work week, then the rules should indicate which day, other than Sunday, will be a day off); duration and grounds for granting additional annual paid leave.
7. - the procedure for applying measures of moral and material incentives.
8. Responsibility of employees for violation of discipline- a description of the procedure for applying disciplinary measures, types of penalties and specific violations of labor discipline that may entail punishment.
9. Final provisions- includes clauses on the mandatory implementation of rules and the procedure for resolving disputes regarding labor relations.

PVTR may also include other sections, for example “Confidential information”, “Passthrough and intra-object mode”.

Internal labor regulations - concept

Article 189 of the Labor Code of the Russian Federation establishes that internal labor regulations- this is a local regulatory act that regulates, in accordance with this 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, incentives and penalties applied to employees, as well as other issues regulation of labor relations with a given employer.

Based on the provisions of Article 189 of the Labor Code of the Russian Federation, internal labor regulations are a local regulatory act that every employer must have.

PVTR can be an annex to the collective agreement, but I strongly do not recommend doing so.

In addition to those specified in Article 189 of the Labor Code of the Russian Federation, the legislator has not established other requirements for the content of PVTR. I bring to your attention a sample PVTR that most fully covers all issues of labor relations:

Internal labor regulations
(sample)

(in accordance with the requirements of the legislation in force as of January 15, 2016)

1. General Provisions

1.1. These Internal Labor Regulations (hereinafter referred to as the Rules) determine the labor regulations in the Limited Liability Company "Odnodnevka" (hereinafter referred to as the Company) and regulate the procedure for hiring, transferring and dismissing employees, basic rights, duties and responsibilities of the parties to the employment contract, working hours, hours rest, incentive and penalty measures applied to employees, as well as other issues of regulating labor relations in the Company.

1.2. The Rules are a local regulatory act developed and approved in accordance with the labor legislation of the Russian Federation and the Company's charter in order to strengthen labor discipline, effective organization of labor, rational use of working time, and ensure high quality and productivity of labor of the Company's employees.

1.3. The Rules use the following concepts:

Employer - Limited Liability Company "Odnodnevka";

Worker- an individual who has entered into an employment relationship with the Employer on the basis of an employment contract and on other grounds provided for in Art. 16 Labor Code of the Russian Federation;

Note: quite often an employee is called in an employment contract and local regulations employee, which is erroneous and can lead to the recognition of the employment contract as not concluded, because According to Article 20 of the Labor Code of the Russian Federation, the parties to labor relations are the employee and the employer. The employee is not a party to the labor relationship, because There is no such concept in the Labor Code of the Russian Federation.

labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, employment contracts, local regulations of the Employer.

1.4. The Rules apply to all employees of the Company.

1.5. Changes and additions to the Rules are developed and approved by the Employer, taking into account the opinion of the representative body of employees.

1.6. The official representative of the Employer is the General Director.

1.7. Labor responsibilities and rights of employees are specified in employment contracts and job descriptions, which are an integral part of employment contracts.

2. Procedure for hiring employees

2.1. Employees exercise the right to work by concluding a written employment contract.

work book, except for cases when an employment contract is concluded for the first time or the Employee enters a job on a part-time basis;

military registration documents - for those liable for military service and persons subject to conscription for military service;

a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training.

An employment contract cannot be concluded without presenting the specified documents.

2.4. If an employment contract is concluded for the first time, the work book and insurance certificate of state pension insurance are issued by the Employer.

2.5. If a person applying for work does not have a work book due to its loss, damage or for any other reason, the Employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

create associations of employers for the purpose of representing and protecting their interests and join them;

exercise the rights provided for by legislation on special assessment of working conditions;

access to the employee’s postal, electronic and other correspondence, as well as all working documentation available to the employee (including those stored on the employee’s personal computer);

exercise other rights granted to him in accordance with labor legislation.

5.2. The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement (if any), agreements and employment contracts;

provide employees with work stipulated by the employment contract;

ensure safety and working conditions that comply with state regulatory requirements for labor protection;

provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;

provide workers with equal pay for work of equal value;

keep records of the time actually worked by each employee;

pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), and employment contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize employees, against signature, with adopted local regulations directly related to their work activities;

create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

provide for the everyday needs of employees related to the performance of their job duties;

carry out compulsory social insurance of employees in the manner established by federal laws;

The employer is obliged to establish part-time working hours at the request of employees for the following categories of employees:

• pregnant women;

  one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);

  a person caring for a sick family member in accordance with a medical certificate issued in the prescribed manner;

  a woman on parental leave until the child reaches the age of three, the child’s father, grandmother, grandfather, other relative or guardian who is actually caring for the child and wants to work part-time while maintaining the right to receive benefits.

7.4. The maximum duration of daily work is provided for the following persons:

workers aged 15 to 16 years - five hours;

workers aged 16 to 18 years - seven hours;

students combining study and work:

from 14 to 16 years old - two and a half hours;

from 16 to 18 years old - four hours;

disabled people - in accordance with a medical report.

7.5. For part-time employees, the working hours should not exceed four hours a day.

7.5.1. If the Employee at his main place of work is free from performing work duties, he can work part-time full time. The duration of working time during one month (another accounting period) when working part-time should not exceed half of the monthly standard working time established for the corresponding category of employees.

7.5.2. The restrictions on working hours specified in clauses 7.5 and 7.5.1 when working part-time do not apply in the following cases:

if the Employee has suspended work at his main place of work due to a delay in payment of wages;

if the Employee is suspended from work at his main place of work in accordance with a medical report.

7.7. The Employer has the right to engage the Employee to work outside the working hours established for this Employee in the following cases:

perform overtime work if necessary;

if the Employee works on irregular working hours.

7.7.1. Overtime work- work performed by the Employee on the initiative of the employer outside the working hours established for the Employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period. The Employer is obliged to obtain the written consent of the Employee to engage him in overtime work..

The Employer has the right to involve the Employee in overtime work without his consent in the following cases:

when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;

when carrying out work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work under emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases threatening the life or normal living conditions of the entire population or part of it.

7.7.2. Irregular working hours- a special regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them.

The provision for irregular working hours must be included in the employment contract. The list of positions of employees with irregular working hours is established by the Regulations on Irregular Working Days.

7.8. The employer keeps records of the time actually worked by each employee in a time sheet.

8. Rest time

8.1. Time relax- time during which the Employee is free from performing work duties and which he can use at his own discretion.

8.2. Types of rest time are:

breaks during the working day (shift);

daily (between shifts) rest;

8.3. Employees are provided with the following rest periods:

a break for rest and food lasting one hour from 13.00 to 14.00 during the working day;

two days off - Saturday, Sunday;

non-working holidays:

annual leave with preservation of place of work (position) and average earnings.

The terms of the employment contract may provide employees with other days off, as well as other times for breaks for rest and meals.

8.4. Employees are provided with an annual basic paid leave of 28 (twenty-eight) calendar days. By agreement between the Employee and the Employer, annual paid leave may be divided into parts. In this case, the duration of at least one part of the vacation must be at least 14 calendar days.

8.4.1. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months.

8.4.2. The employer must provide annual paid leave before the expiration of six months of continuous work upon their request to the following categories of employees:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who adopted a child (children) under the age of three months;

part-time workers simultaneously with annual paid leave at their main place of work;

in other cases provided for by federal laws.

8.4.3. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid vacations established by the vacation schedule. The vacation schedule is 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 start of the calendar year in the manner established by the Labor Code of the Russian Federation.

8.4.4. Certain categories of employees, in cases provided for by the Labor Code of the Russian Federation and other federal laws, are granted annual paid leave at their request at a time convenient for them. These categories include:

military spouses;

citizens who received a total (accumulated) effective radiation dose exceeding 25 cSv (rem);

Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory;

honorary donors of Russia;

Heroes of the Soviet Union, Heroes of Russia, holders of the Order of Glory;

husbands whose wives are on maternity leave.

8.5. The Employee must be notified by signature of the start time of the vacation no later than two weeks before it begins.

8.6. If the Employee wishes to take annual paid leave in a period other than that provided for in the vacation schedule, the Employee must notify the Employer about this in writing no later than two weeks before the intended vacation. Changes in the timing of leave in this case are made by agreement of the parties.

8.7. For family reasons and other valid reasons, the Employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the Employee and the Employer.

The Employer is obliged, based on the Employee’s written application, to provide unpaid leave to:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, who died or died as a result of injury, concussion or injury, received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days per year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

9.1.1. The amount of the official salary is established on the basis of the Company's staffing table.

9.2. An employee may be paid a bonus in the amount of up to 50 percent of the salary, subject to the conditions and procedure established by the Regulations on Remuneration.

9.3. Employees who have reduced working hours are paid in the amount provided for normal working hours, with the exception of employees under 18 years of age.

Workers under the age of 18 are paid based on their reduced work hours.

9.4. If the Employee is assigned part-time work, remuneration is made in proportion to the time worked.

9.5. Employees whose work is traveling in nature are stipulated in their employment contract, transportation costs are compensated in the manner and under the conditions determined by the Regulations on Remuneration.

9.6. Wages are paid to employees every half month: on the 5th and 20th of each month: on the 20th the first part of the Employee’s salary for the current month is paid in the amount of at least 50 percent of the official salary; On the 5th day of the month following the billing month, a full settlement with the Employee is made.

If the payment day coincides with a weekend or non-working holiday, wages are paid before the onset of these days. Payment for vacation time is made no later than three days before the start of the vacation.

9.7. Payment of wages is made in Russian currency at the Company's cash desk.

Wages can be paid in non-cash form by transferring them to the current account specified by the Employee, if the terms of the transfer are specified in the employment contract.

9.8. The Employer transfers taxes from the Employee’s salary in the amounts and manner provided for by the current legislation of the Russian Federation.

9.9. During the period of suspension from work (preclusion from work), the Employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation or other federal laws. Such cases include removal from work:

• due to tuberculosis. During the period of suspension, employees are provided with state social insurance benefits;

  due to the fact that a person is a carrier of pathogens of an infectious disease and may be a source of spread of an infectious disease if the Employee cannot be transferred to another job. During the period of suspension, such employees are paid social security benefits;

  due to failure to complete training and testing of knowledge and skills in the field of labor protection. Payment during the period of suspension is made as for downtime;

  due to failure to undergo a mandatory preliminary or periodic medical examination through no fault of the Employee. In this case, payment is made for the entire period of suspension from work as idle time.

10. Rewards for work

10.1. To reward employees who conscientiously perform their job duties for long and impeccable work at the enterprise and other successes in their work, the Employer applies the following types of incentives:

announcement of gratitude;

rewarding with a valuable gift;

awarding a certificate of honor.

The amount of the bonus is set within the limits provided for in the Regulations on Remuneration.

10.2. Incentives are announced in the order (instruction) of the Employer and brought to the attention of the entire workforce. The simultaneous use of several types of incentives is allowed.

11. Responsibility of the parties

11.1. Responsibility of the Employee:

11.1.1. For the Employee committing a disciplinary offense, i.e. failure to perform or improper performance by the Employee through his fault of the labor duties assigned to him, the Employer has the right to bring the Employee to disciplinary liability.

11.1.2. The employer has the right to apply the following disciplinary sanctions:

comment;

• dismissal on the appropriate grounds provided for by the Labor Code of the Russian Federation.

11.1.3. For each disciplinary offense, only one disciplinary sanction can be applied. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

11.1.4. Before applying a disciplinary sanction, the Employer must request a written explanation from the Employee. If after two working days the specified explanation is not provided by the Employee, then a corresponding act is drawn up. Failure by the Employee to provide an explanation is not an obstacle to applying disciplinary action.

11.1.5. Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the Employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

11.1.6. The Employer's order (instruction) to apply a disciplinary sanction is announced to the Employee against signature within three working days from the date of its publication, not counting the time the Employee is absent from work. If the Employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

11.1.7. The disciplinary sanction may be appealed by the Employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

11.1.8. If within a year from the date of application of the disciplinary sanction the Employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

11.1.9. The Employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the Employee on its own initiative, at the request of the Employee himself, at the request of his immediate supervisor or a representative body of employees.

11.1.10. During the period of validity of the disciplinary sanction, the incentive measures specified in clause 10.1 of the Rules are not applied to the Employee.

11.1.11. The Employer has the right to hold the Employee financially liable in the manner established by the Labor Code of the Russian Federation and other federal laws.

11.1.12. An employment contract or written agreements attached to it may specify the financial responsibility of the parties to this contract.

11.1.13. Termination of an employment contract after causing damage does not entail the release of the Employee from financial liability provided for by the Labor Code of the Russian Federation or other federal laws.

11.1.14. The Employee's financial liability arises if he causes damage to the Employer as a result of culpable unlawful behavior (actions or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

11.1.15. An employee who causes direct actual damage to the Employer is obliged to compensate it. Lost income (lost profits) cannot be recovered from the Employee.

11.1.16. The employee is released from financial liability if the damage occurs as a result of:

normal economic risk;

emergency or necessary defense;

failure by the Employer to fulfill the obligation to provide appropriate conditions for storing property entrusted to the Employee.

11.1.17. For damage caused, the Employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

11.1.18. In cases provided for by the Labor Code of the Russian Federation or other federal laws, the Employee may be held financially liable in the full amount of damage caused. The Employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the Employer in full.

11.2.7. If the Employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the Employee, the Employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the Central Bank refinancing rate in force at that time. Bank of the Russian Federation from amounts not paid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement inclusive.