The use of hired employees by an economic entity requires the organization of their work activities. To do this, it is necessary to form a schedule of their working hours, as well as determine the order of holidays. In addition, the rights and obligations of both parties are subject to mandatory documentary fixation. labor agreement. This information is subject to coverage in the Internal Labor Regulations (IRTR).

The concept of internal labor regulations, their legal basis

PVTR is a normative act of local significance, which fixes the organization of work activities at the enterprise. That is, the PVTR is a document that regulates the entire labor process within a particular business entity.

Based on the Labor Code of the Russian Federation, in particular, Art. 189 and Art. 190, such a set of rules is developed by the manager of the enterprise or an authorized entity based on a sample of internal labor regulations. At the same time, based on the Decree of the State Standard of the Russian Federation No. 29 of December 30, 1993, PWTR are mandatory for any enterprise. The approval of the internal labor regulations is based on the order of the company's manager.

In Art. 189 of the Labor Code of the Russian Federation fixes important points to be disclosed in the internal labor regulations of the organization. They are:

• the procedure for accepting and dismissing a subject from work;
• rights and obligations of employees and management of the company;
• responsibility of the parties for non-fulfillment of their work duties;
• working day schedule;
• vacation schedule;
• a list of ways to encourage employees;
• a list of violations that will be the basis for applying a disciplinary sanction to the employee;
• any other items on labor issues that management deems necessary for documenting.

The structure of the internal labor regulations

The structure of the internal labor regulations in 2018 is not strictly regulated. However, the most convenient and consistent version of the statement of the rules is as follows:

1. General provisions. It discloses information about the purpose of the current act, its scope, as well as situations in which a revision of the set of rules is possible.
2. The procedure for the admission and procedure for the dismissal of employees of the organization. Displays a list of required papers that an employee must provide when hiring. The algorithm of actions is disclosed if it is necessary to temporarily replace an absent employee (vacation, long-term illness, etc.).
3. Rights and obligations of employees and management of the company.
4. Schedule of working hours and order of holidays. The time limits of one work shift, a lunch break, the number of days off and public holidays, as well as a list of positions or employees with an irregular work schedule (subject to the presence of such subjects).
5. The procedure for calculating and issuing wages.
6. The procedure for holding both parties liable in the event of a disciplinary violation.
7. The procedure for incentive measures applied to employees by decision of the organization's management.
8. Additional items, the presence of which is mandatory, in the opinion of the management.
9. Final provisions.

• the period during which the employee is required to provide sick leave immediately after discharge;
• how long before the planned exit from the decree, the woman must notify the employer;
• whether it is necessary for the employee to perform his labor duties on the day of arrival or departure on a business trip;
• the nuances of transferring the work area to another employee upon dismissal of the current frame;
• the procedure for the responsibility of employees for non-compliance with the internal requirements of the enterprise, for example, for the use of profanity or non-compliance with the dress code.

The structure of the internal labor regulations of the organization is common to all enterprises, despite the different types of activities. The content of the paragraphs will be excellent, based on the specific industry in which the organization operates.

Practice shows that the majority of employers, when developing the PVTR, rely on the PVTR model - the Model Rules, which were enshrined in the Decree of the State Labor Committee No. 213 of 07/20/1984. However, in view of the impressive time span that has elapsed since the date of compilation this document, some provisions of the Model Regulations are obsolete. This encourages managers to take the initiative and independently determine the additional provisions of the PWTR at their enterprise.

Based on the Labor Code of the Russian Federation, in particular Art. 190, the drafted document must be approved. So, the rules of the internal labor schedule are approved by order.

Prior to the direct approval of the PVTR, the paper must be verified by the manager with the trade union, if there is such a formation in the structure of the company.

Rights and obligations of employees in accordance with the internal labor regulations

In the PWTR, the following duties of the employee are recorded:

1. Conscientiously and honestly carry out their service in the enterprise.
2. During labor process be guided by the rules on labor protection, fire safety and observe labor discipline.
3. Maintain order in the workplace in accordance with the requirements of hygienic and sanitary standards.
4. come on workplace at the set time and leave it also at the time set by the regulations. Use the length of the working day for the direct performance of their work duties.

There are also the following employee rights:

1. Registration or termination of an employment agreement with an employer in the manner prescribed by the legislation of the Russian Federation.
2. Have a workplace equipped with the required functional elements for the full performance of work duties.
3. To be a protected employee of the organization in the context of labor protection and the trade union.
4. Receive regular remuneration for the work performed within the framework of their qualifications and skills.
5. Have the opportunity to receive Additional information professional nature to improve their own qualifications in the manner prescribed in the Labor Code of the Russian Federation.
6. Protection of labor rights and personal freedoms by legally approved means.
7. Compensation for the damage that was inflicted to the employee in the course of the performance of his job duties, as well as compensation for moral damage that was received during work.
8. Possibility of social and medical insurance.

Recommendations for the design of internal labor regulations

PVTR in 2018 do not have a clearly regulated form. Therefore, the head has the right to use the free form of the document.

The legally correct registration of the PVTR requires the presence of certain details. These include:

• the full name of the company, as well as the generally accepted abbreviation or abbreviation;
• the name of the document being compiled;
• all the details of the document on the basis of which the PVTR is approved;
• consecutive numbering of each page of the act.

When there are annexes to the main text of the rules, it is necessary to adhere to the following recommendations for their design:

• appendices are a continuation of the main text. This means that they are recognized as an integral part of the document;
• it is necessary to indicate the full name of the application, as well as full and abbreviated details of the document to which they are an addition;
• the number of application pages corresponds to the numbering order of the main text, that is, the numbering of the entire document is continuous.

When approving the internal labor regulations, their firmware and company stamp is not a mandatory procedure. Failure to do so is not a violation.

the only mandatory requirement to the execution of the rules of the internal labor regulations of the employer is to familiarize the employee with this document at the stage of employment. This provision is enshrined in the Labor Code of the Russian Federation, namely, in Art. 68.

Familiarization with the PVTR is recorded by the personal signature of the subordinate. It must be entered in a special register (if there is one at the enterprise) or the employee must personally write a receipt on familiarization with the document and consent to the performance of these duties. When making changes to the internal labor regulations, the signature of each employee on re-acquaintance is also required.

Responsibility for violation of internal labor regulations

The absence of this act at the enterprise is an offense. Based on the Code of Administrative Offenses, namely, on Art. 5/27, the absence of a PVTR and / or an order for a PVTR entails administrative responsibility. It can appear in the following forms:

• verbal or written warning from government officials;
• accrual of a company fine in the amount of 70,000 rubles.

In addition, the lack of PWTR entails possible difficulties in resolving controversial issues of conflicts that arise between the employer and the employee. In case of occurrence conflict situation, the employee may refer to his lack of awareness about the organization of labor. This argument can become decisive in the event of a lawsuit if a particular employee was fired for violation of labor duties. This case is especially common when changes were made to the PVTR, but the employee’s re-signature is not listed anywhere.

The requirement for an employee to perform their labor duties in accordance with local regulations is enshrined in the Labor Code of the Russian Federation, Art. 21.

Violation of the STRP by an employee may entail the following liability for him:

• disciplinary sanctions, which, in case of especially malicious violations, can develop into dismissal;
• the use of financial leverage (deprivation of bonuses).

The official imposition of a fine is an extremely complex procedure, which, in many practical cases, is illegal. Often, the management of the enterprise prefers to use the reduction in employee bonuses as a penalty. At the same time, an official paper on the accrual of such a fine is not drawn up and is an oral verdict of the manager.

In accordance with the complexity of the offense committed, the head has the right to combine penalties and apply several punitive measures to the offender at once.

Among other things, the head, based on Art. 193 of the Labor Code of the Russian Federation, is obliged to request from the employee written explanation his actions and only upon receipt of an explanatory note to draw up a regulatory paper on holding the employee liable.

The nuances of the internal labor regulations

This document is compiled on the basis of the PWTR sample and is valid for a long time, in accordance with the period of the enterprise's activities. Due to its long-term nature, at a certain stage of its existence, the document will need to be finalized and corrected.

Thus, amendments to the PVTR in 2018 are formalized by a memo addressed to the company's management staff. On this basis, the head draws up an act where responsible persons for drafting a new set of rules.

Since the process of making adjustments to this document is not regulated anywhere, it is strongly recommended to follow the same procedure as in the initial drafting of the set of rules.

It is important to remember that when making any changes to the PWTR, it becomes necessary to issue new order about PWTR, as well as familiarize all employees with the new rules.

Thus, the internal labor regulations are for the enterprise binding document. It is compiled by the head or a person authorized by the management. In order to correctly draw up a document, it is recommended to use a sample of internal labor regulations. The absence of a PWTR leads to uncoordinated work and, in the event of a conflict, the absence of an evidence base for the correctness of any of the parties.

Internal labor regulations (BTR) are necessary for any employer. They help discipline employees and eliminate unnecessary labor conflicts. From our article you will learn about constituent parts this document and the regulatory requirements applied in its development.

Labor schedule of the organization

Internal labor regulations are necessary for both employees and employers. Most employers independently develop this document and can indicate all the necessary aspects in it. Government institutions such freedom is not available - there are strict regulations for their internal labor regulations. For example, the VTR rules for employees of the central office Federal Service on the regulation of the alcohol market were approved by the order of the Federal Service for Alcohol Regulation of August 11, 2014 No. 247.

Internal labor regulations commercial firms and employers-individual entrepreneurs are created on the basis of labor legislation, taking into account internal specifics. At the same time, the fundamental term of this local act is the labor schedule, which is directly related to the definition of labor discipline: it is obligatory for all employees to obey the internal rules of conduct.

IMPORTANT! The definition of internal labor regulations is given in Art. 189 of the Labor Code of the Russian Federation: a local normative act containing the basic rights and obligations of the parties to the employment contract, the mode of work and rest, penalties and incentives and other regulatory issues labor relations.

More about the concepts given in Art. 189 of the Labor Code of the Russian Federation, read the material "St. 189 of the Labor Code of the Russian Federation: questions and answers " .

Based on this definition, the internal labor regulations can be drawn up as a separate local act, which all employees get acquainted with against signature. However, it will not be considered a violation, for example, the inclusion of a procedure in the form of a separate section or annex to a collective agreement (Article 190 of the Labor Code of the Russian Federation).

If the employer does not have special requirements for employees, and all the VTR rules are reflected in employment contracts, the provision on bonuses or internal instructions, the employer may confine himself to these documents and refuse to draw up separate rules internal labor regulations.

Basic rules of VTR

When developing the rules of internal labor regulations, it is necessary to proceed from those listed in Art. 189 of the Labor Code of the Russian Federation of important constituent elements for him, while not forgetting about corporate nuances. Each employer decides for himself in what volume and composition this document will be drawn up.

• general provisions (appointment of the rules, development goals, areas of distribution and other organizational issues);
• hiring and dismissal of employees;
• rights and obligations of the employer and employees;
• labor discipline (penalties and incentives for employees);
• final provisions.

The first (general) organizational section, in addition to the above, may include terms and definitions used in these rules.

The description of the procedures related to the admission, transfer or dismissal of employees can be supplemented by a list of documents required from the employee when applying for a job and drawn up in the company itself in the course of the employee's labor activity.

For information on what these documents can be, read the article. How is an employee hired? .

IMPORTANT! Art. 68 of the Labor Code of the Russian Federation, and the dismissal process requires compliance with the requirements of Art. 77-84.1, 179-180 and other articles of the Labor Code of the Russian Federation.

When developing rules regarding the rights and obligations of the employer and employees, not only a formal transfer is required, but also verification of their compliance with the requirements of labor legislation (Articles 21, 22 of the Labor Code of the Russian Federation).

Infringement of the rights of employees, as well as the imposition of excessive duties on them by the employer, is unacceptable. In this regard, the content and composition of the rules of the VTR can be significantly influenced by trade union committee or another body guarding the observance of the legitimate interests of employees.

VTR Rules on Working Time and Rest Periods

The periods of work and rest in the rules of the VTR are described separately. First of all, employees must know the start and end times of work, as well as the duration of lunch and regulated breaks. An employee who is not familiar with the work schedule may be systematically late and not suspect that he is violating labor discipline.

From the VTR rules, employees find out which days of the week are considered days off, and find out the nuances of the onset and duration of the next calendar vacation.

If the work is organized in shifts, all temporary working aspects are subject to reflection: the number of shifts per day, their duration, the start and end time of each shift, etc.

If the employer does not draw up a separate local act on irregular work, the VTR rules must specify at least a list of positions with irregular working hours and the conditions for the performance of duties by employees outside normal working hours.

IMPORTANT! According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is recognized as a special labor regime, when employees are involved in work outside the time frame of the working day.

We should not forget that to take into account the worked over normal duration weekday time is necessary. To keep such records obliges the employer Art. 91 of the Labor Code of the Russian Federation. You can organize this process using any self-developed form or the usual unified forms T-12 or T-13.

Download forms and samples unified forms timesheets can be found on our website:

• "Unified form No. T-12 - form and sample" ;
• "Unified form No. T-13 - form and sample" .

IMPORTANT! Irregular work is not paid at an increased rate, but is rewarded with additional leave (at least 3 days under Article 119 of the Labor Code of the Russian Federation). The maximum number of days of such rest is not legally regulated, but its duration, established by the employer, must be fixed in the routine.

The representative of the trade unions should check the content of the VTR rules for the presence of a clause in respect of which employees cannot be subjected to irregular working conditions. These include, in particular, minors, pregnant employees, disabled people, etc.

Important "disciplinary" section

Compliance with labor discipline is one of the most important issues requiring scrupulous study. Without this rule, the VTR will be insufficient and incomplete. Special attention is paid to the disciplinary issue, and in some industries they are not limited to the section of the rules of the VTR, but develop separate provisions or disciplinary charters.

The disciplinary section consists of 2 parts: on penalties and rewards. The section on penalties is based on Art. 192 of the Labor Code of the Russian Federation, in which a disciplinary offense is defined as non-performance or improper performance by an employee of labor duties, which may be followed by 3 types of penalties (remark, reprimand and dismissal). There are no other penalties under the labor law.

Read more about the disciplinary sanctions provided for by the Labor Code of the Russian Federation in the material. "Types of disciplinary sanctions under the Labor Code of the Russian Federation" .

O additional penalties we can talk only in cases of imposing a special disciplinary responsibility. They are indicated in federal legislation or disciplinary charters for certain categories of workers (part 2 of article 192 of the Labor Code of the Russian Federation). An example is the law “On the State Civil Service” dated July 27, 2004 No. 79-FZ, which includes a warning about incomplete compliance and dismissal from a substituted civil service position as an additional penalty.

IMPORTANT! According to Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction will be legal if the employer follows a certain procedure (requires a written explanation from the employee, draws up an act, issues an order, etc.).

The rules of the VTR must also provide for all cases when a disciplinary sanction is removed (Article 194 of the Labor Code of the Russian Federation).

The VTR rules may not contain a section on rewards if this question already reflected in other local acts of the employer.

If this issue is not addressed anywhere, the VTR rules should at least reflect information on the types of incentives (thanks, bonuses, etc.) and the reasons for material or moral incentives (for work without marriage, etc.).

IMPORTANT! The section of the internal labor regulations devoted to incentives allows you to fearlessly take into account bonuses and incentive allowances as part of salary expenses when calculating income tax (part 1 of article 255, clause 21 of article 270 of the Tax Code of the Russian Federation).

Who will benefit from the standard VTR rules and how to take into account corporate nuances

When drawing up the internal labor regulations, you can apply not only your own internal developments, but also the Model Internal Labor Regulations for workers and employees of enterprises, institutions, organizations, approved by the Resolution of the USSR State Labor Committee of July 20, 1984 No. 213, in part that does not contradict the Labor Code of the Russian Federation.

The standard routine created in the 1980s needs to be adjusted taking into account modern requirements. For example, the internal rules of a modern employer may be based on the above model rules and include additional information related to the specifics of its activities.

The VTR rules include separate parts that describe, for example, the scheme for applying magnetic passes and compliance with the access control, as well as the requirements for appearance employees (mandatory wearing in working time uniforms with the logo of the company or its elements, etc.). In addition, it would not be superfluous to describe the requirements for internal corporate culture behavior of employees (format of telephone and personal communication with customers, rules for holding working meetings and discussions, etc.).

Example

XXX LLC, improving its security system, has introduced access control in the office. The intra-company labor regulations developed earlier on the basis of Decree No. 213 were corrected - supplemented with a chapter on access control issues with the following content:

“7. Access mode and work with magnetic passes.

7.1. Passage to the office of the company and exit from it are carried out by employees by means of a magnetic pass "Protection-M1". Obtaining a pass is carried out in the security service of the company (room 118) against signature.

7.2. In case of loss or damage to the pass, the employee must immediately inform the Deputy Security Director.

7.3. The employee who received the pass is liable for its damage or loss. The employee is obliged to reimburse the cost of making the pass if, after an investigation by the security service, the employee’s fault in its damage or loss is confirmed.

You will find the full text of the chapter on access control in the sample internal labor regulations cited in this article.

Whatever method the employer uses to compile this document, the main condition is compliance with the legally established requirements and a description of all the necessary specific features due to the nature of the employer's main activity.

Results

The internal labor regulations - 2019, a sample of which you can download on our website, are needed by all employers. When developing them, it is necessary to be based on the requirements of labor legislation and take into account the specifics of the main type of activity carried out.

Properly drawn up labor regulations help not only to discipline employees and avoid labor conflicts, but also to justify for the inspection authorities the incentives paid to employees, stimulating them to perform their labor functions with high quality.

Distribution of milk and therapeutic and preventive nutrition

Sanitary and medical and preventive services for employees

Duration of annual basic paid leave

2.2.1. Rights and obligations of an employee in the field of labor protection

2.2.2. Rights and obligations of the employer

2.2.3. Guarantees of the right to work in conditions that meet the requirements of labor protection

2.2.4. Limitation of heavy work and work with harmful and dangerous

2.2.5. Providing workers with personal protective equipment

2.2.6 Education and training in labor protection

2.2.7. Labor contract

2.2.8. Collective agreement

2.2.9. Responsibility for violations of labor protection requirements

2.3. Federal Law "On Industrial Safety of Hazardous Production Facilities" No. 116-FZ dated July 21, 1997.

2.4. Organization of training and testing of safety knowledge of working organizations

2.5. The procedure for investigating accidents at work

2.6. Internal labor regulations

3. Industrial safety of hazardous production facilities.

3.1. The main hazardous production factors and causes of accidents

1. Insufficient knowledge of the rules of safe work performance by the workers.

3.2.1. Organization of control over the state of industrial safety and labor protection at the enterprise

3.3. Requirements for production equipment and production processes

3.3.1. Safety and protecting devices

3.3.2. Signaling devices. Colors and safety signs. Painting equipment of objects with a high content of hydrogen sulfide

3.4. Electrical safety.

3.4.1. The effect of electric current on the human body. Types of electric shock

3.4.2. The main measures to prevent electrical injuries

3.4.3. Basic safety rules for the operation of electrical equipment

3.5. The behavior of workers on the territory of the enterprise, in production and auxiliary premises

3.6. General safety requirements for loading and unloading operations, persons who have passed the following are allowed to perform loading and unloading operations:

3.7. Safety requirements for the maintenance of machines, units, boilers, pressure vessels

3.8. Safety requirements for hot and gas hazardous work

3.9. Transportation of people, transportation of goods

3.9.1. By air

3.9.2. By water transport

3.9.3. By rail

3.9.4. Cargo transportation

4. Industrial sanitation.

4.1. Requirements for personal and industrial sanitation and occupational health

4.2. General concepts of harmful production factors. Gas safety According to GOST 12.0.003-74 “Dangerous and harmful production factors”, their classification is established.

4.3. Hydrogen sulfide. Features of the operation of facilities and special measures

10 Mg / m3, in a mixture with hydrocarbons (c1-c5) - 3 mg / m 3.

4.4. Organization of control over the content of harmful gases and vapors in the air

4.5. Industrial ventilation

4.6. industrial lighting

4.7. Noise and vibration

5. Personal protective equipment for workers and safety devices in SSBT standards

6. Fire safety

6.1. The main causes of fires and explosions:

6.2. Fire extinguishing agents. Primary fire fighting equipment

6.3. General Fire Safety Measures

6.4. Actions of service personnel in the event of a fire

7. First aid to the victim

7.1. Electric shock

7.2. Mechanical injuries (bruises, fractures, wounds)

7.3. Thermal burns

7.4. Chemical burns

7.5. Eye injury

7.6. Poisoning by unknown liquids

7.7. Hydrogen sulfide poisoning

7.8. Falling from height

7.9. Hypothermia and frostbite

7.10. Drowning

7.11. Bites of snakes, insects

7.12. Providing first aid to the victims. Artificial respiration

8. Recommendations for the prevention and prevention of acute diseases: tick-borne encephalitis, hemorrhagic fever with renal syndrome

8.1. Rules of behavior of people on the territory of forests in the presence of ticks.

8.2. Measures to prevent industrial infections with hemorrhagic fever with renal syndrome

8.3. Measures to protect against rodents

8.4. Measures to protect against snake bites, insects

2.6. Internal labor regulations

Internal labor regulations - a local normative act, regulations

procedure in accordance with the Labor Code and other federal laws

employment and dismissal of employees, basic rights and obligations and responsibilities of the parties to the employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues.

Employees have the right to:

conclusion, amendment and termination of an employment contract in the manner and on the terms,

which are established by the Labor Code and other federal laws;

providing him with a job stipulated by an employment contract;

workplace that meets the conditions stipulated by state

standards of organization and labor safety and collective agreement;

timely and in full payment of wages in accordance with its

qualification, complexity of work, quantity and quality of work performed;

rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays;

full reliable information about working conditions at the workplace;

vocational training, retraining and professional development

the procedure established by the Labor Code, other federal laws;

association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

participation in the management of the organization in accordance with the Labor Code, other

federal laws and collective agreements in the forms;

conducting collective bargaining and conclusion of collective agreements and agreements

through their representatives, as well as information on the implementation of the collective agreement, agreements;

protection of their labor rights, freedoms and legitimate interests by all not prohibited

by law;

resolution of individual and collective labor disputes, including the right to

strike, in the manner prescribed by the Labor Code, other federal laws;

compensation for harm caused to an employee in connection with the performance of labor

obligations, and compensation for non-pecuniary damage in the manner prescribed by the Labor Code, other federal laws;

compulsory social insurance in cases stipulated by federal

laws.

Employees are required to:

conscientiously fulfill their labor duties assigned to him by the contract;

observe the rules of internal labor regulations;

observe labor discipline;

comply with established labor standards;

comply with the requirements for labor protection and ensuring labor safety;

take care of the property of the employer and other employees;

immediately notify the employer or immediate supervisor of

the occurrence of a situation that poses a threat to the life and health of people, safety

employer's property.

Suspension from work

The employer is obliged to suspend from work (not allow to work) the employee:

appeared at work in a state of alcoholic, narcotic or other toxic intoxication;

not passed in in due course training and testing of knowledge and skills in the field of labor protection;

who did not pass the mandatory medical examination in accordance with the established procedure

(examination), as well as a mandatory psychiatric examination in cases

provided by law;

in case of suspension for a period of up to two months of the special right of an employee:

licenses, the right to drive a vehicle, etc., if this entails

the impossibility of the employee to fulfill the obligations under the employment contract and if it is impossible to transfer the employee (with his written consent) to another job available to the employer - a vacant position or a job corresponding to the qualifications of the employee;

at the request of bodies or officials authorized by federal laws and other regulatory legal acts Russian Federation.

Individual labor dispute unresolved disagreements between the employer and the employee on the application of labor legislation or other regulatory legal acts containing norms labor law, which are declared to the body for the consideration of individual labor disputes. Individual labor disputes are considered by labor dispute commissions and courts.

An employee may apply to a labor dispute committee within three months from the day

when he knew or should have known about the violation of his rights.

For rest and food during the working day (shift) the employee is provided with

a break for rest and meals of no more than two hours and no less than 30 minutes, which is not included in working hours.

The time of granting a break and its specific duration are established

the internal labor regulations of the organization or by agreement between

employee and employer.

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

Special breaks for warming up and rest

For certain types of work, it is envisaged to provide employees with

working time special breaks due to technology and organization

production and labor. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations of the organization.

Employees who work outdoors or indoors during the cold season

unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide the equipment of premises for heating and rest of employees

Normal working hours cannot exceed 40 hours per

Normal hours of work are reduced by:

16 hours a week - for employees under the age of sixteen;

5 hours a week - for employees who are disabled people of group I or II;

5 hours per week - for employees aged sixteen to eighteen;

4 hours a week or more - for workers employed in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

“Incentives for work. Employees who conscientiously perform their duties

are encouraged by the employer: gratitude is announced, a bonus is given, awarded with a valuable gift, an honorary diploma, presented to the title of “Best in the profession”.

Other types of employee incentives for work are determined by the collective agreement or

internal labor regulations of the organization, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

For committing a disciplinary offense, that is, failure to perform or improper

performance by the employee through his fault of the labor duties assigned to him (violation of labor discipline, safety rules) on the territory of the enterprise and at the workplace, the employer has the right to apply the following disciplinary sanctions:

Comment;

Rebuke;

Dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. Absenteeism, appearance at work in a state of intoxication, violation of explosive and fire hazardous regimes, as well as rules and instructions for industrial safety and labor protection are considered to be the most gross violations of labor discipline.

Which by general rule must develop and approve companies regardless of their organizational and 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 meeting the abbreviation PWTR, employers do not understand what kind of document they are talking about. PVTR (decryption) is the internal labor regulations. When developing this document, it should be taken into account that for certain categories of employees, charters and discipline provisions established by law are provided. However, they do not replace the internal regulations. If the employer works in this industry, then when developing the rules, he is obliged to take into account the norms of these documents. Thus, labor discipline (the internal labor regulations should include the necessary information) is provided for workers on maritime transport, railway transport, for employees of companies using nuclear or nuclear 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 as follows - the internal labor regulations are approved by the employer.

It is often problematic for employers to develop such a document from scratch. When drawing up the rules, you can focus on the Model internal labor regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the USSR State Labor Committee 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. So, in the rules it is necessary to consider the main obligations and rights of the parties, incentive measures and the procedure for imposing penalties. In addition, the internal labor regulations are adopted to maintain discipline in the team, coordinated and efficient work, and contribute to an increase in productivity in production.

Internal labor regulations (sample)

Inside, like most documents, the rules are divided into logical parts (sections, paragraphs, subparagraphs, etc.). What information should be included in the document? As a rule, the internal labor regulations of the organization contain the following sections:

• general provisions;
• the rights and obligations of the employee;
• the responsibility of the parties;
• wages at the enterprise;
• the procedure for receiving employees, transfers, relocations;
• the procedure according to which the employment contract is terminated;
• the procedure for making and entering into force changes.

The draft PWTR drawn up by the employer (sample below) must be submitted for consideration by the representative body of employees (if any). In its absence, the internal regulations are approved by the employer independently.

The employer must endorse and sign the drafted and agreed Rules. Rules must contain such requisite as "Signature". Who approves the internal labor regulations of the organization? As a rule, the person who drew up the rules, that is, the head of the personnel department, signs the rules. personnel service or general manager.

Before signing the internal regulations of the organization, the document must be agreed with any of the interested employees - for example, it can be a lawyer or a head of human resources. This is not a mandatory procedure, it all depends on what procedure for adopting the provisions is established by the employer.

Order on the approval of the PVTR (sample)

After the document is endorsed by the concerned employee (if necessary) and approved, the labor regulations must be put into effect. The rules themselves may provide for a special approval column, or the employer may issue a separate order on the 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 under signature, and will also monitor the relevance of the document (this may be the head or specialist of the personnel department).

How often are the 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 the revision of the terms of payment of wages, the time of the beginning or end of the working day, the list of disciplinary sanctions for a particular violation or, conversely, rewards for certain achievements.

In addition, there is another reason to change such a document as the internal labor regulations - the Labor Code of the Russian Federation. The document must comply with the current legislation, but it takes time to make changes. It is 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 made as necessary. There are no restrictions on the number of changes, time intervals between changes, by law.

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 in case of questions, everyone can familiarize themselves with the document.

The internal labor regulations (PWTR) are a mandatory local regulatory act of the organization. When conducting inspections, the inspectors pay attention not only to the presence of PWTR, but also to their design, content and the procedure for familiarizing employees with them. At the same time, neither their compilation, nor special conditions, nor the content of the Labor Code of the Russian Federation are regulated. In this regard, the organization needs to independently determine the content of the PWTR, taking into account the organizational specifics and features economic activity organizations. We'll tell you how to do it.

Required and optional sections

The internal labor regulations establish the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization (Articles 189, 190 TC RF).

The rules must be developed in accordance with the Labor Code of the Russian Federation and apply to all employees of the enterprise (Articles 15, 56 of the Labor Code of the Russian Federation).

Let's consider in more detail. In accordance with Art. 189 of the Labor Code of the Russian Federation, the PVTR should contain the following sections.

1. General Provisions. This section is intended to identify the main purpose of the internal regulations, discusses the scope of their application, and also explains to whom they apply.

2. The procedure for hiring and dismissing employees. This section indicates the documents that the employer requires when applying for a job, the conditions for establishing probationary period and its duration, the procedure for hiring an employee. The same section specifies the procedure for formalizing the dismissal of an employee and the grounds for terminating the employment contract.

3. Procedure for the transfer of workers. This section describes the employer's procedure for transferring an employee to another job, the procedure for processing an employee's transfer.

4. Basic rights and obligations of the employer. This section is developed in accordance with Art. 22 of the Labor Code of the Russian Federation. This article regulates the basic rights and obligations of the employer. The section specifies: methods of organizing the work of employees, the procedure for bringing employees to disciplinary and material liability, the procedure for observing labor discipline, guarantees and compensations provided to employees, and other similar issues.

5. Basic rights and obligations of employees. The section is developed in accordance with the provisions of Art. 21 of the Labor Code of the Russian Federation. The section specifies the basic rights and obligations of the employee.

6. Mode of operation, rest time. This section indicates the time of the beginning and end of the working day, the duration of the working day and the working week in accordance with Article 100 of the Labor Code of the Russian Federation. If there are employees with irregular working hours in the organization, a list of positions of employees with irregular working hours can be indicated in the PWTR in accordance with Art. 101 of the Labor Code of the Russian Federation.

The section indicates the time of the lunch break and its duration in accordance with Art. 108 of the Labor Code of the Russian Federation. The procedure for granting days off is indicated in accordance with Art. 111 of the Labor Code of the Russian Federation. When working on a five-day working week, the rules stipulate which day, except Sunday, will be a day off.

In addition, it is necessary to indicate the duration and grounds for granting additional annual paid holidays in accordance with Art. 116 of the Labor Code of the Russian Federation, if any.

7. Procedure for remuneration. The section indicates the size, procedure for payment, terms and place of payment of wages in accordance with Art. 136 of the Labor Code of the Russian Federation.

The competence of the employer includes the establishment of specific terms for the payment of wages to employees

The norms of Part 6 of Art. 136 of the Labor Code of the Russian Federation establishes that the specific terms for the payment of wages (specific dates of the calendar month), as well as the size of parts of wages, are determined by the PVTR, the collective agreement (if any in the organization) or the employment contract. The legislation establishes the equivalence of these documents, therefore, the days of payment of wages can be established in any of those listed in Part 6 of Art. 136 of the Labor Code of the Russian Federation documents.

Important! On October 3, 2016, the amendments made to the labor legislation came into force federal law dated 03.06.2016 No. 272-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Increasing the Responsibility of Employers for Violations of the Legislation in Part Relating to Wage”. In particular, these amendments establish a deadline for the payment of wages. As before, wages employees must be paid at least every half a month. At the same time, the specific date of payment of wages, established by the rules internal labor regulations, a collective agreement or an employment contract, must be established no later than 15 calendar days from the end of the period for which it was accrued (Article 136 of the Labor Code of the Russian Federation as amended by Law No. 272-FZ).

In addition, the liability of the employer to the employee has been tightened, fines for violation of labor legislation and the amount of compensation for non-compliance with the terms of payment of earnings have been increased.

8. Incentives for work. In accordance with Article 191 of the Labor Code of the Russian Federation, the section indicates specific types of incentives, for example: announcing gratitude, issuing a bonus, etc.

9. Responsibility of the parties. This section contains the procedure for bringing an employee to disciplinary liability and the procedure for compensation by the employer to the employee of the damage caused.

10. Final provisions. This section regulates the procedure for agreeing and approving the internal labor regulations, as well as making changes to them.

In order not to complicate the use of the PVTR, it is not necessary to rewrite all the provisions of the Labor Code of the Russian Federation into this document. The rules should contain information that reflects the specifics of the particular organization for which they are developed.

Depending on the characteristics of the organization's activities, additional sections may be included. For example, you can provide the following:

- the procedure for sending employees on a business trip, registration and payment of expenses associated with a business trip (can be brought into a separate local regulatory act);

-list of positions with irregular working hours, etc.;

– the procedure for providing employees with additional medical insurance or payment for cellular communications;

- other sections that regulate the requirements for employees and determine the procedure for working in the organization (for example, the access control established in the institution, etc.).

It is unacceptable to establish norms in the PWTR that are contrary to the law and worsen the position of workers in comparison with the Labor Code of the Russian Federation.

What shouldn't be

The violation is the absence of the section “Responsibility of the employee and the employer” in the PWTR, since Labor Code establishes this condition as mandatory (Article 189 of the Labor Code of the Russian Federation).

In the internal labor regulations of the procedure, the passage of a bypass sheet upon dismissal can be fixed. At the same time, taking into account the provisions of art. 84.1 of the Labor Code of the Russian Federation, it is impossible to make the issuance of work book and the final settlement on the day of dismissal from the presence of all the necessary signatures in the bypass sheet.

It happens that local acts of organizations establish such types of punishment as a severe reprimand or a fine. At the same time, the Labor Code defines only three types of disciplinary sanctions: reprimand, reprimand, dismissal (Article 192 of the Labor Code of the Russian Federation). Therefore, the establishment of other types of liability is not allowed.

There should be no violations of the following nature:

- the time of the beginning and end of work, breaks in work is not indicated;

- the duration of the additional vacation is not indicated, or the duration of the main vacation is set to be less than 28 calendar days;

- The dates of payment of wages are not specified.

How to approve

The rules are drawn up on the letterhead of the enterprise, agreed upon by discussion at the meeting labor collective, are endorsed by a lawyer and approved by the head of the organization. If the PVTR is approved by an unauthorized person, this local act is recognized as invalid and not subject to application.

From Art. 190 of the Labor Code of the Russian Federation it follows that the approval of the internal labor regulations is carried out by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation, and, as a rule, they are an annex to the collective agreement. At present, most often there is no representative body of workers or a trade union in organizations. In this case, in order to comply with the procedure for adopting a local act (Article 8 of the Labor Code of the Russian Federation), it should be marked “As of the date of approval of the internal labor regulations, the institution does not have a representative body of employees.”

The absence of internal labor regulations is a violation of labor legislation, for which the employer may be held administratively liable regardless of average headcount employees.

Please note: an organization for violating labor laws and other regulatory legal acts containing labor rights norms can be held administratively liable and impose a fine on it in the amount of 30,000 to 50,000 rubles; officials are liable in the form of a warning or a fine in the amount of 1000 to 5000 rubles. (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Familiarization of employees

One of the obligations of the employer is to familiarize employees against signature with local regulations adopted in the organization and related to them. labor activity(paragraph 10, part 2, article 22, clause 8, article 68 of the Labor Code of the Russian Federation). New employee must be familiar with the internal labor regulations before signing an employment contract (Article 68, Clause 8, Article 86 of the Labor Code of the Russian Federation). In practice, there are often cases when the PWTR is approved, placed in a public place, but the employer cannot confirm the fact that employees are familiar with the document, and meanwhile, if the employee is not familiar with the internal labor regulations, the company faces the same fine as for their absence (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Confirm that employees are familiar with local acts can be done in several ways:

– with the help of familiarization sheets, which are filed to the PVTR. They must indicate his last name, first name, patronymic and the date of familiarization. Such a sheet is attached to the local regulatory act, numbered, stitched and sealed with the seal and signature of the official;

-signature of the employee in the journal of familiarization of employees with local regulations. Unlike the familiarization sheet, this magazine provides for the possibility of familiarizing employees with several local regulations;

- the signature of the employee on the familiarization sheet, which is an annex to the employment contract (or at the end of the employment contract, a note is made about familiarization with the PVTR and other local regulations).

The employer can choose the method of familiarization convenient for him. To confirm that the familiarization took place before the signing of the employment contract, we recommend using the phrase “Before signing the employment contract, the employee is familiar with the following local acts”, the following is a list of acts.

The organization can provide in the PWTR the basic norms and rules of behavior for employees, including the obligation to show courtesy, respect in relations with colleagues and other persons (visitors, customers, etc.).

As pointed out by the Plenum of the Armed Forces of the Russian Federation in clause 35 of Resolution No. 2 of March 17, 2004, a disciplinary offense can be considered failure to perform labor duties or improper performance due to the fault of an employee of labor duties assigned to him (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules etc.).

Therefore, PWTR is needed not only for the labor inspectorate and other regulatory authorities in order to avoid fines, but also for the employer himself as a document aimed at maintaining and strengthening labor discipline. The main goal of the employer when adopting internal labor regulations should be to protect the rights of both employees and the organization. With proper drafting of the document, it will become a tool for regulating the labor discipline of employees.

Please note that from January 1, 2017, the amendments made to the Labor Code of the Russian Federation by Federal Law No. 348-FZ dated July 3, 2016 “On Amendments to the Labor Code of the Russian Federation with regard to the specifics of regulating the labor of persons working for employers - small business entities” come into force. entrepreneurship classified as micro-enterprises”, according to which employers - small businesses that are classified as micro-enterprises, have the right to refuse, in whole or in part, from the adoption of local regulations containing labor law norms (including internal labor regulations, provisions on remuneration and etc.). In this case, the organization will need to include in employment contracts with employees, the conditions governing labor law issues, which, according to labor legislation, should be determined by local regulations (Chapter 48.1 of the Labor Code of the Russian Federation “Peculiarities of regulating the labor of persons working for employers - small businesses that are classified as micro-enterprises”).