Legal regulation of the internal regulations of the enterprise. Internal labor regulations and its legal regulation. The structure of the internal labor regulations

07.05.2020

Internal labor schedule- this is the procedure for the behavior of employees in a given production, established by law and on its basis by local acts, both in the process of work and during breaks in work when employees are on the production site (appearance on the territory of the plant in a state of intoxication during working time- dismissal under sub. “b” paragraph 6 of Art. 81 of the Labor Code, on a day off - a disciplinary offense, outside the production area - an administrative offense).

Legal regulation the internal labor schedule is carried out on the basis of Ch. 29 and 30 of the Labor Code. The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the trade union committee of the organization. They, as a rule, are an annex to the collective agreement (Article 189 of the Labor Code).

In selected industries National economy statutes and regulations approved by the Government of the Russian Federation are valid for key employees.

Internal labor regulations must have all production. These rules include obligations not only for employees, but also for the administration, and not only for the implementation of the Rules themselves, but also for the relevant job descriptions, instructions and rules for safety, industrial sanitation, fire, radiation safety, etc.

House rules usually consist of the following seven sections:

1) general provisions providing for the effect of these rules, to whom they apply, their purpose, tasks;

2) the procedure for hiring and dismissal (the provisions of the Code are briefly given with their clarification for this production);

3) the main duties of the employee;

4) the main obligations of the employer, his administration;

5) working time and its use: the mode of working time for the whole production and individual divisions, including the beginning and end of lunch and other intra-shift breaks, shift schedules (including on a rotational basis), the structure of the working week (5- or 6-day);

6) incentive measures for success in work;

7) disciplinary liability for violation of labor discipline.

These rules are communicated to each employee.

In those sectors of the national economy where charters and regulations on discipline are in force for key employees, the Internal Labor Regulations are also valid for other workers in this production who are not related to those to whom the charters and regulations apply.

The statutes and regulations on discipline are approved by the government of the country. So far, there are still allied ones (there are more than a dozen of them), but there are also Russian ones, for example, the Regulation “On the discipline of railway workers Russian Federation”, approved on August 25, 1992 (СAPP RF. 1992. No. 9. Art. 608; 1994. No. 1. Art. 11), Regulation “On disciplinary responsibility of heads of administration”, approved by Decree of the President of the Russian Federation of August 7, 1992 as amended on November 14, 1992 (Vedomosti RF. 1992. No. 33. St. 1931).

Since the charters and regulations on discipline are special legislation and apply to those key (leading) employees whose gross disciplinary offense can lead to serious consequences or death of people and goods, these acts may provide for more severe disciplinary liability than in general acts. labor law. These acts provide additional responsibilities workers and their leaders.

DISCIPLINARY RESPONSIBILITY AND ITS TYPES.

Disciplinary responsibility of employees- one of the types of legal liability, which is provided by law for misconduct. Disciplinary responsibility is the obligation of the employee to be punished, provided for by the norms of labor law, for the unlawful failure to fulfill their labor duties.

The basis for bringing to disciplinary responsibility is a disciplinary offense (non-fulfillment or improper fulfillment by the employee through his fault of the labor duties assigned to him.)

A disciplinary offense has a set of features, has a subject, subjective side, objective side, object. The subject of a disciplinary offense can only be a citizen who is in labor relations with a specific employer and violates labor discipline. The subjective side is the fault of the employee (in the form of intent or negligence). The objective side of a disciplinary offense is harmful consequences and a causal relationship between them and the action (inaction) of the offender. The object of a disciplinary offense is the internal labor schedule of the organization.

Thus, disciplinary liability can be defined as one of the types of legal liability, which consists in the right of an authorized representative of the employer to apply to an employee who has committed a disciplinary offense the disciplinary measures provided for by law and in the corresponding given right the obligation of an employee who has committed a disciplinary offense to suffer adverse consequences established by law.

Each organization, as a rule, independently sets the rhythm and working conditions for its employees. To avoid conflicts and labor disputes, these norms are fixed in an official document - the Internal Labor Regulations.

This is the only document that establishes the rules of labor discipline for the organization as a whole, while regulating the norms of behavior and activities of all members of the work team, including management.

In structures with significant headcount, the rules are considered an annex to the collective agreement and are most often adopted simultaneously with it. This document is not a formality. Its design, content and approval procedure are of paramount importance.

Regulatory regulation

The internal labor regulations, like any local document, should not conflict with federal, regional legislation, as well as other regulations. They are regulated by the Labor Code of the Russian Federation (chapters,). The main task of the compiler of the PWTR is to adapt the provisions of the Code to the specifics of the work of the organization, without worsening the position of the employee.

It is important for the compiler to Special attention to ensure that the requirements enshrined in the rules do not contradict the norms fixed in other documents of the organization. First of all, you need to focus on the provisions outlined in the collective agreement, current job descriptions, as well as in various regulations governing highly specialized technological processes. If discrepancies are identified, they must be eliminated.

The shortcomings of the document will certainly be noticed in the process of personnel audit.

What do you need

It is difficult to determine who needs the PWTR more - the employer or the employee. The rules help the management to systematize and generalize the requirements for workers so that, in the event of a violation of labor discipline or a conflict, the employer can put things in order in the team. It will be difficult for both an individual entrepreneur and the head of a large organization to organize the work process efficiently and rationally, avoid chaos and anarchy in the team, achieve good labor productivity of his subordinates, and, if necessary, win a lawsuit if necessary.

Art. 68 of the Labor Code of the Russian Federation indicates that the hired employee must be familiar with the rules even before signing employment contract, thereby certifying their consent to the working conditions offered by the employer.

The presence of rules will help the employee to avoid the arbitrariness of the management, infringement of their interests and violation of rights.

PWTR must be provided at any labor inspection inspection.

Who develops and approves

Develops - legal or personnel service, the manager or employee himself appointed responsible for their preparation.

Approves PVTR only leader, after agreement with the trade union organization.

The approval procedure is described in detail in Art. 372 of the Labor Code of the Russian Federation, a draft document with justification is sent to the trade union, and after 5 days it must be considered.

If there are comments trade union organization, she does not approve the document, but sends it back, attaching a reasoned opinion. In this case, the employer either unconditionally accepts the comments, or organizes a joint consultation with representatives of the team in order to reach an agreement. Decision recorded in the protocol.

If no agreement has been reached, the employer can approve the document without taking into account the opinion of the trade union, but in this case he risks that the rules adopted alone can be appealed in court. Also by the trade union, in accordance with Ch. 61 of the Labor Code, a labor dispute with the employer may be initiated.

If there is no trade union organization, each item of the rules is agreed upon at the general meeting of the collective.

The document is approved as follows: in the upper right corner, the mark “I approve” is made, with the date, full name and signature of the head. A common method of approval is also through the issuance of a separate order.

How to properly acquaint employees with PWTR? Three options are used:

a general familiarization sheet, subsequently filed to the document;
familiarization log;
an individual familiarization sheet kept in the employee's personal file.

Approved document should be available for review to any interested person. Most often, it is posted on the bulletin board in the building of the organization.

Changes are made in the same way.

We bring to your attention a video that tells in more detail about the rules of internal labor regulations.

Structure and content

The content usually depends on the needs of the organization. A micro-enterprise may limit itself to the main points listed in Article 189 of the Labor Code of the Russian Federation, more than large organization often requires detailed regulation of activities. The content of the PWTR is not subject to strict requirements, so the management itself decides which additional items should be included in the document.

The rules traditionally cover the following list of issues, depending on the relevance for the head of the organization.
The introductory part contains a description of the document: a description of its scope, regulated issues, links to regulations which formed its basis.

Also fixed in the document:

duration of the working week;
the beginning and end of the working day;
lunch break;
weekend;
access system;
features of work in night shifts;
registration and payment of overtime work;
a list of positions working on flexible schedules and their working conditions;
possibility and conditions of remote work;
specificity documentation special working conditions;
provision of leave (including additional);
features of the transfer to another position;
procedure for secondment of employees;
the procedure for paying salaries;
restrictions imposed on employees (for example, a dress code, material liability provided for a number of positions, the obligation to keep commercial secrets);
penalties and incentives;
other questions.

By all means the responsibility of persons authorized to conduct briefings should be indicated according to the rules of safety, labor protection, sanitation and fire safety.

The main mistakes of employers

Unfortunately, managers sometimes do not take this document seriously, often making shortcomings in the process of its preparation and approval.

Can be distinguished the most common mistakes:

approval by an improper person or without agreement with the labor collective;
omission in the text of the document of conditions of paramount importance;
contradiction with normative acts that approve similar conditions;
familiarization of employees with the approved rules without requiring a confirming signature;
prohibition of part-time work (with the exception of a narrow list of positions);
adding additional types of disciplinary sanctions not provided for by the Labor Code (for example, deprivation of a bonus)
the absence of the document itself (the Code of Administrative Offenses of the Russian Federation provides for administrative responsibility for the employer).

The internal labor schedule is the procedure for the behavior of employees in a given production, established by law and on its basis by local acts, both in the process of work and during breaks in work when employees are in the production area.
The internal labor regulations of the organization are an annex to the collective agreement (Article 189 of the Labor Code). House rules usually consist of the following sections:
1) general provisions providing for the operation of these rules, to whom they apply, their purpose, tasks;
2) the procedure for admission and dismissal;
3) the main duties of the employee;
4) the main obligations of the employer, his 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 on a rotational basis), the structure of the working week (5- or 6 -day);
6) incentive measures for success in work;
7) disciplinary liability for violation of labor discipline.
These rules are communicated to each employee.

Incentive measures for success in work

Encouragement for success in work- this is a public recognition of the merits of an employee, his success in work in the form of applying incentive measures to him. The employer encourages employees who conscientiously perform labor obligations(announces gratitude, gives out a bonus, etc.), which stimulates employees to work better, to observe labor discipline.
Measures of encouragement for success in work on their grounds and on the one who applies them can be divided into two types:
1)measures taken by the employer for exemplary performance of labor duties, increasing labor productivity, improving product quality, continuous and flawless work, innovation in work and other achievements in work: announcing gratitude, issuing an award, rewarding with a valuable gift, rewarding diploma, submission to the title of the best in the profession (Article 191 of the Labor Code). The rules of internal labor regulations, collective agreements, charters and regulations on discipline may provide for other incentives;
2)measures taken by higher authorities on the proposal of the head of production, for special labor merits to society and the state of the employee: awarding orders, medals, diplomas of various higher authorities, badges; awarding honorary titles and titles the best worker in this profession (for example, "Honored Lawyer of the Russian Federation", "Honored Scientist", "Honored Teacher", etc.).
All incentives according to their nature can be divided into moral (gratitude, certificates of honor, honorary titles, orders, medals, etc.) and material (rewarding with a valuable gift, issuing a prize, promotion to a higher position, to the highest class, category, etc.). Material incentives also have a moral side - public recognition of the merits of the employee.
Incentives are announced by order and brought to labor collective. All incentive measures applied to the employee are noted in his work book. During the duration of the disciplinary sanction against the employee (one year), the incentive measure is not applied.
Employees who successfully and conscientiously fulfill their labor duties are primarily provided with benefits and benefits in the field of socio-cultural and housing services (vouchers to sanatoriums, rest homes, improvement of living conditions, etc.). In some industries, reserve lists are compiled to occupy more high office, which include workers depending on their success in work. Legislation allows the combination of several incentive measures, for example, an employee is awarded a diploma and a bonus.

Disciplinary responsibility and its types

Disciplinary liability is established by labor legislation for a disciplinary offense, which is an unlawful, guilty violation of labor discipline by an employee. Violation of labor discipline is the non-fulfillment or improper fulfillment by the employee through his fault of his labor duties (orders of the administration, internal labor regulations, job descriptions, etc.). The legislation does not establish a list of violations, this is decided by the administration.

Disciplinary responsibility- it is the duty of the employee to endure the disciplinary sanction imposed on him for a disciplinary offense. Disciplinary liability must be distinguished from other disciplinary measures applied to violators (oral reprimand, discussion at a meeting, deprecation, etc.).
According to labor legislation, there are two types of disciplinary liability: general and special. They differ according to the categories of workers to which they apply, according to the acts regulating each of these types, and according to the measures of disciplinary sanctions.
General disciplinary responsibility applies to all employees, including officials production administration.
Special disciplinary responsibility established by special legislation for certain categories of workers, which also provides for other disciplinary measures than prescribed in the Labor Code of the Russian Federation.

Disciplinary measures and the procedure for their application

Disciplinary measures are directly enshrined in labor legislation, as well as the procedure for their application. They are the same for all industries and are mandatory. Enterprises, institutions, organizations themselves cannot change or supplement them. The rules of the internal labor regulations cannot fix other measures of disciplinary sanctions and cannot establish a different procedure for their application than that established in the Labor Code of the Russian Federation.
Disciplinary measures are a remark, reprimand, dismissal. Legislation on special disciplinary liability and statutes and regulations on discipline may provide for other disciplinary measures (for example, demotion to a lower position of a civil servant). It is not allowed to apply a penalty that is not provided for by federal labor legislation.
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 an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction 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 required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, 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 an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

Legal regulation of the internal labor regulations of the employees of the enterprise is carried out on the basis of the eighth section of the Labor Code of the Russian Federation and the internal labor regulations, which each enterprise develops and approves for itself.

At the same time, it should be taken into account that the legal regulation of the internal labor regulations of certain categories of workers (certain professions) is regulated by special government acts. For example, railway workers are guided by the "Regulations on the discipline of railway workers of the Russian Federation."

Labor schedule 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 work of the enterprise - typical situations for this enterprise, work shifts, the procedure for granting holidays, and the like.

The structure of the internal labor regulations

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

general provisions;
incentive measures;
Time relax;
basic rights and obligations of employees;
basic rights and obligations of the employer;
working time;
responsibility of employees for violation of discipline;
the procedure for admission and dismissal;
final provisions.

The general provisions briefly describe the goals 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 PWTR.

The section on the procedure for hiring and dismissal should describe the nuances of hiring at this particular enterprise (qualifications, documents on education, and so on), the procedure for hiring and the procedure for dismissal, the presence of a probationary period, its conditions and duration.

The section on 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 on 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 should 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 accrual wages. This section also lists the positions of employees who work part-time (if there are any in the enterprise). If necessary, this section may include the work schedule of individual employees.

The rest time section should contain information on the order and duration of vacations and days off, on days off and breaks (lunch, special).

In the section on incentive measures, they list all the moral and material measures taken at the enterprise to stimulate employees, as well as the procedure for encouraging.

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

And finally, the final provisions describe the procedure for resolving labor disputes and recall the mandatory implementation of the PWTR.

PWTR - their content, approval and action

Since the labor schedule is determined by the internal labor regulations, this document must contain precise, concise wording. Don't Just Rewrite Labor Code RF, but contain as complete a list of situations that may directly arise in a given enterprise.

p> The document has to be made in clear language and to give the information accessible to each worker of the enterprise. The internal labor regulations should not contain items that worsen the position of the employees of the enterprise (this is prohibited by law).

PVTR approval

The internal labor regulations are approved by the head of the enterprise: by his signature on the document or by issuing a separate order. The head may appoint a separate authorized person who will approve the PVTR, in which case the stamp “Approved” is drawn up on the title page, indicating 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 the PWTR affects the possibility of making changes to them. If an order was issued on the internal labor schedule, changes to the PWTR are made by subsequent similar orders. If the PVTR was approved as a separate document, the approval procedure must be carried out again.

PVTR approval

Before approval, the Regulation on the internal labor schedule must be agreed with the representative body of employees of the enterprise (ROR). Usually, the trade union committee of the enterprise is considered to be a representative body, and in its absence, the council of workers, which acts on behalf of the entire labor collective. In the absence of both the trade union committee and the council of workers, the draft PWTR must be agreed upon at a general meeting of employees of the enterprise.

If the enterprise has a PRP, upon receipt of the PRP project, the representative body of employees 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 PRP). The head of the enterprise, within three days, considers the comments and additions submitted to him, and then either introduces them into the project, or organizes a meeting with the representative body of workers to reach a compromise on the controversial points, or adopts the PWTR on the original draft, regardless of the opinion of the workers. In the latter case, a protocol of disagreements must be drawn up. On the basis of this protocol, employees can challenge the approved internal labor regulations.

The operation of the provision on the internal labor schedule at the enterprise

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

The absence of internal labor regulations at the enterprise during the inspection by the Labor Inspectorate may entail administrative fines from one thousand rubles 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 legislation and labor protection. Repeated such violation may result in a ban on entrepreneurial activity from one to three years.

Special categories of workers

Currently, there are separate statutes and regulations (providing also certain types disciplinary action for violations) for:

employees of sea, river, air and road transport;
employees of organizations with especially dangerous production in the field of atomic energy use;
heads of administrations;
workers customs service Russian Federation;
exploration.

Recall that the legal regulation of the labor schedule of other employees at enterprises should be provided by the internal labor regulations.

Violation of the labor schedule

The labor regulations determine the labor discipline of the employees of the enterprise, therefore, violations of the PWTR are very serious. Disciplinary measures for violation of the PWTR must be prescribed in the internal labor regulations, and the employee must be familiar with them.

At the same time, it should be borne in mind that, according to the legislation, it is impossible to impose penalties without requesting written explanations from the employee regarding the violation (such penalties, moreover, can be easily appealed in court).

It is also prohibited to apply penalties that are not provided for in the Labor Code, other laws of the state and internal documents enterprises. It is forbidden to impose penalties in a manner that differs from that prescribed in the company's documents.

It should be borne in mind that the penalty can be applied only no later than six months after the commission of a disciplinary offense, but if the misconduct was detected during an inspection or audit, then within a period of no more than two years after it was committed.

Most importantly, it is prohibited by law to apply several disciplinary sanctions for one offense. But at the same time, it is possible to apply a disciplinary sanction and a measure of disciplinary action at the same time, for example, to announce a severe reprimand and deprive the bonus - this will be considered a severe reprimand.

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

It must also be remembered that it is impossible for an employee to be held liable for violation of labor discipline, if at the same time he was not familiar 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 kind of requirements he should have performed.

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MOSCOW AUTOMOBILE AND ROAD STATE TECHNICAL UNIVERSITY (MADI)

Department of Legal and Customs Regulation in Transport

abstract

on the topic: "Legal regulation of 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 labor protection legislation and other regulatory legal acts.

Thus, labor discipline is a rule of conduct that is mandatory for all employees, to which all employees must obey and which are provided for by the Labor Code of the Russian Federation, laws, collective agreements, agreements, labor contracts and local regulations of the organization. In addition, labor discipline is a system of measures and means for establishing, observing and ensuring the internal labor regulations of the organization.

The methods of strengthening labor discipline are disciplinary influence, 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 rules of the internal labor schedule.

At the same time, a local normative 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 cancels the legal norms of the organization, as well as providing for labor relations between the employer and employees.

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

The purpose of this work is to consider the legal regulation of the 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 the internal labor regulations;

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

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

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

1. Legal regulation of internal labor regulations

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

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

Also, according to part 2 of Art. 189 of the 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, a collective agreement and other local regulatory legal acts of the organization, as well as an 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 course of work and allow the authorized representatives of the employer to create the working conditions that are necessary to comply with labor discipline.

At the same time, labor discipline and internal labor regulations are interrelated concepts. Without ensuring the proper order of work, there is no labor discipline, and the process of collective labor is also violated. Therefore, the requirements of the internal labor regulations are mandatory for all persons who are in an employment relationship. In addition, the significance of the internal labor regulations is to subordinate the activities of people in the process of joint labor to strict observance of the rules of the established labor procedure.

Thus the system regulated labor law relations that develop with the employer in the course of production activities and ensuring the exercise of rights and fulfillment of obligations by all participants in the labor process, and there is an internal labor schedule, which should be determined by the rules of the internal labor schedule.

So, in accordance with Art. Art. 56, 21 of the Labor Code of the Russian Federation, by concluding an employment contract, the employee assumes the obligation to comply with the employer's internal labor regulations and labor discipline. The employer, in turn, has the right to require employees to comply with this obligation (Article 22 of the Labor Code of the Russian Federation). At the same time, the 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 particular employer.

At the same time, one of the local regulations, which 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, obligations, 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 labor relations for this employer Labor Law of Russia: textbook / D.L. Kuznetsov, A.F. Nurtdinova, Yu.P. Orlovsky and others; resp. ed. Yu.P. Orlovsky, A.F. Nurtdinov. 3rd ed. M.: CONTRACT, INFRA-M, 2010 [ Electronic resource] // ATP ConsultantPlus..

At the same time, the content of the internal labor regulations for 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. So, 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 procedure for hiring - in accordance with the requirements of Art. 68 of the Labor Code of the Russian Federation, the procedure for dismissal of employees should, in accordance with Art. Art. 77 - 84, 179 - 181, etc.

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

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

2) the procedure for hiring and dismissing employees;

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

4) the main duties of employees;

5) the main obligations of the employer;

6) incentives for work;

7) responsibility for violation of labor discipline.

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

It should be noted that the list of issues that may be reflected in the Internal Labor Regulations is not limited and 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 employees in comparison with the established labor legislation and other regulatory legal acts that contain labor law norms, a collective agreement, 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 that 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 when developing 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 workers (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 familiarize the employee when hiring him. At the same time, the internal labor regulations should be available for familiarization of employees.

In addition, in organizations certain categories employees may be subject to 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 regulations on discipline operate in those industries or areas of activity where the observance of 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 statutes and regulations on discipline in that in the statutes, etc. additional types of disciplinary sanctions that are not enshrined in Art. 192 of the Labor Code of the Russian Federation.

In addition, regulations and statutes on discipline are binding on all employees who fall under their action. 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 schedule 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 regulations and charters on discipline, as well as worsen the position of employees in comparison with laws, other regulatory legal acts containing labor law norms, a collective agreement, an agreement.

Thus, we can conclude that the internal labor regulations are the most important local normative 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 process of activity, any employer is faced with the need to adopt local regulations. At the same time, some of them must be approved and brought to the attention of employees even before the conclusion of 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 in 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 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.

So local regulations 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 Goncharova M.A. Labor discipline. Legal regulation. Practice. Documents / ed. Yu.L. Fadeeva // SPS ConsultantPlus. 2006..

At the same time, local labor regulations supplement and specify the state and collective agreement (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 relevant acts adopted by federal authorities. state power in the field of labor relations or public authorities of the constituent entities of the Russian Federation, but at the same time, they cannot reduce the level of guarantees that are provided to employees by labor legislation.

Further, local regulations are adopted by the employer solely within its 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 taken 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 (with an individual entrepreneur) in relation to the employees of this employer, regardless of the place they work;

fourthly, they should not contradict the collective agreement and the principle of prohibition of the worsening of the position of the employee in comparison with the labor legislation Titova Yu. We approve the local normative 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.

So, 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 ways.

So to the main general requirements can be attributed to:

Firstly, the local normative 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 position of employees in comparison with the 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;

Fourth, local regulations are binding. This means that for failure to comply with their provisions, the employee can be held disciplinary, and the employer - administrative responsibility.

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

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

So, in terms of scope, local regulations can be of a general nature that apply to all employees of the organization, for example, internal labor regulations, regulations on remuneration, etc., and special, for example, provisions on sending on business trips, on shift method 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 employees, such local acts are adopted as on the procedure for attesting employees (part 2 of article 81 of the Labor Code of the Russian Federation), on the remuneration system in the organization (Article 135 of the Labor Code of the Russian Federation), internal labor regulations ( 190 of the Labor Code of the Russian Federation), documents that establish the forms of preparation and additional vocational education employees (Article 196 of the Labor Code of the Russian Federation), norms for the free issue of personal protective equipment to employees (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 each employer include:

Staffing (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);

During shift work, each group of workers must work during the established 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 protection instructions. In accordance with Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure safe conditions and labor protection in the organization, respectively, 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, first of all, are 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, subject to the rules of conducting personnel records management.

2.2 The procedure for the adoption of 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 the adoption of a local act:

Firstly, with the obligatory coordination with the representative body of employees;

Secondly, with the obligatory coordination with the representative body of employees by virtue of the requirements of the collective agreement, agreement;

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

Fourthly, without taking into account the opinion in case of optional agreement 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 on their own.

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

In addition, each developed local normative act must go through the procedure of coordination with specialists from other services, for example, accounting, personnel department, legal department, etc. After all services have agreed on a local act, then after that it is submitted for approval to the head.

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 the draft local regulatory act and the rationale for it to the elected body of the primary trade union organization or the representative body of workers, which 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 to the employer in writing.

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

Accordingly, if agreement between the parties is not reached, the disagreements that have arisen are documented 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 to the state labor inspectorate or to the court. At the same time, the elected body also has the right to initiate the procedure of a collective labor dispute in the manner prescribed 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 enters into force from the day it is adopted by the employer or from the day specified in this local normative act, and applies to relations that arose after its entry into force. The local normative act comes into force from the date of its adoption by the employer or from the day specified in this document.

The employer is obliged to familiarize the 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 labor activity. Persons who are first hired by the organization, the employer must familiarize before signing the employment contract. This means that even before entering into an employment relationship, the employee must clearly understand what rights and obligations he will have by concluding an employment contract, what is the working hours of this employer, what incentive measures are applied by the employer to employees, etc. Labor law in Russia: textbook / D.L. Kuznetsov, A.F. Nurtdinova, Yu.P. Orlovsky and others; resp. ed. Yu.P. Orlovsky, A.F. Nurtdinov. 3rd ed. M.: CONTRACT, INFRA-M, 2010 [Electronic resource] // SPS ConsultantPlus.

At the same time, it should be noted that not familiarizing employees with local regulations is a violation of the labor legislation of the Russian Federation and entails bringing the employer to administrative responsibility in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation Code of the Russian Federation on administrative offenses dated 12/30/2001 N 195-FZ (as amended on 04/06/2015) (as amended and supplemented, effective from 05/01/2015) // Collection of Legislation of the Russian Federation, 01/07/2002, N 1 (part 1) , Art. 1., and in the event that such a violation is committed again, it is subject to liability under Part 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

In addition, I would like to highlight that the norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement or agreements, as well as local regulations that were adopted without observing the established Art. 372 of the Labor Code of the Russian Federation of the procedure for taking into account the opinion of the representative body of employees are not subject to application. It should be noted that in such cases, labor legislation and other regulatory legal acts, which contain labor law norms, a collective agreement 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 agreements, then in this case the employer must amend 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 the changes relate to the terms of the employment contract determined by the parties, the consent of the employee is mandatory, which follows from Art. 72 of the 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 notifying the employee about it 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 the local act is carried out on the basis of the order of the employer, which must necessarily indicate the reasons that led to such changes.

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

Firstly, due to the expiration of its validity. Such a situation is possible if, during the development and approval of a local act, the period of its validity was determined. Therefore, upon the expiration of the specified period, such an act automatically becomes invalid;

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, with changes that have been made by the legislation of the Russian Federation. In this case, it is necessary to indicate in the new document that the local normative act that previously regulated legal relations ceases to be fully or in some separate part of it;

Thirdly, in connection with the entry into force of a law or other regulatory legal act that contains the norms of labor law, a collective agreement or an agreement, and provided that the regulatory act that has entered into force establishes a higher level of guarantees for employees compared to the established local regulatory act .

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

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

So, as discussed above, a local normative act is a written document in force at the enterprise that 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 the employees of this enterprise, and the normativity means that they regulate relations that are of a permanent nature.

In addition, we can say that local regulations are an additional way by which you can secure the parties in conflict relations, including in litigation.

However, it is very difficult to predict the emergence of a conflict situation, as well as how it will develop, since in this case human factor. But it is obvious that often the vectors of interests of the labor collective and the employer are in different directions, so the employer must always be ready to resolve the conflict. Therefore, the employer needs to understand what tools can protect the interests of the employer, 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 an employee is dismissed for repeated non-performance by the employee of his labor duties, the employer is obliged to follow the dismissal procedure and issue Required documents. If the dismissal procedure is not followed on these grounds, the dismissal may be declared illegal. In this case, when resolving such a dispute, it is first necessary to find out how and where official duties employee for non-fulfillment of which he was dismissed.

So having considered judicial practice we can say that when resolving labor disputes, the court first of all evaluates written evidence, that is, it examines which 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 unlawful, since the employer did not properly draw up the local acts of the organization: the plaintiff's job description, which fixes the rights and obligations of the plaintiff, etc.

According to the case file, 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 violations in the work of the institution. The basis for the application of this penalty was the conclusion of the commission, which concluded that the occurrence of actions of this kind was caused by 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 improperly, which led to significant violations by the employee of his labor duties.

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

Judicial board, taking into account the absence of the defendant in the organization job description and functional duties, the impossibility of establishing a list of employees who were directly subordinate to the employee, and a list of departments that he led, agrees with these conclusions of the court and considers the arguments of the appeal untenable that the plaintiff's job responsibilities can be confirmed by witness testimony, since these evidence are not admissible, as the court of first instance correctly noted, the fact of imposing duties on an employee and granting him authority can only be confirmed by written evidence.

Therefore, the employer needs to create such local acts that establish the rules of conduct in the performance of work duties. These include job descriptions as the most important documents in terms of determining the duties 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 perform duties and violation of established prohibitions by an employee gives the employer the right to apply disciplinary measures to the employee, including dismissal as an extreme measure of responsibility.

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, as they provide for the relationship between the employer and employees in the organization. In turn, the employer needs to take care of the competent preparation of local regulations. Since without internal labor regulations, without a job description, as well as maintaining a time sheet, it will be impossible to apply disciplinary action to negligent employees who do not fulfill their labor duties, or are late for work or absent themselves without permission during the working day. In addition, without properly drawn up local acts, it will be impossible to resolve the dispute in favor of the employer.

Also, the employer’s lack of written evidence that the employee has familiarized himself with the internal labor regulations of the organization and other regulatory acts 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 which the employee is familiar with in writing, allows the employer to require the employee to comply only with the terms of the employment contract that comply with applicable law. 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 time and rest time. Accordingly, the employer is deprived of the opportunity to hold the employee liable for violation of the rules of conduct in force in the organization.

Conclusion

So, the goal and tasks that were set in the abstract are fulfilled. The paper considers the legal regulation of the internal labor regulations, and also gives the concept of local regulations that regulate labor relations; considered the procedure for adopting local acts of the organization, the procedure for amending these acts, as well as the procedure for their cancellation; analyzed the importance of local regulations when considering labor demands.

Thus, based on the above, the following conclusions can be drawn that:

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

2. One of the local regulations, which 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 the organization and in the case of an individual entrepreneur and which contain a set of rules that establish the rights and obligations of members of the labor collective. The locality of the acts means that they apply only to employees of a particular enterprise, and the normativity means that they regulate relations that are permanent and typical.

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

5. In what form to adopt a local regulatory act, the employer determines independently. 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, the provision 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. So 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 obligation of the employer to acquaint each employee with local regulations that are directly related to labor activity and are applied in an organization or an 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 responsibility 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 labor duties, as well as those who are late for work or leave without warning during the working day. In addition, without properly drawn up local acts, it will be impossible to resolve the dispute in favor of the employer.

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