Regulations for the adoption and dismissal at the enterprise FGUP. The procedure for hiring and dismissing employees

It is quite difficult to accept a worker and arrange everything correctly. Even more questions are raised by the procedure for dismissal of an employee. It's all about the strict paragraphs of the Labor Code (LC) Russian Federation aimed at human protection. Legislation provides aggrieved employees with a wide range of opportunities to challenge management decisions to break up labor relations.

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Normative base

The employer and the worker are in an employment relationship. At the same time, each party has its own obligations and rights. The procedure for dismissing an employee is the process of formalizing the termination of an agreement (relationship). It must fully comply with the current legislation.

Therefore, the employer must:

• know your own responsibility and the rights of the hired person;
• scrupulously comply with the requirements and norms of the law;
• Strive for perfect documentation.

In practice, this means the following:

1. the reason for the breakup of relations must exactly correspond to:
   • the situation;
   • paragraph TK;
2. in documents it is written strictly with words from the law:
   • in the order;
   • in the work book (TrK);
3. the initiative to dismiss may belong to:
   • employer
   • hired person;
   • both together (mutual agreement);
4. the initiating party is obliged to draw up the appropriate document.

Important: it is forbidden to enter in an order or other document the reason for the rupture of relations that is not provided for in the law.

If the dismissal procedure is not followed, the court may oblige the entrepreneur to take back the dismissed person or pay him significant compensation.

When an employment contract is terminated

Most of the grounds for dismissal of an employee are listed in Article 77 of the Labor Code. These include:

1. the initiative of one of the parties;
2. mutual consent of the administration and the worker;
3. expiration of the contract period;
4. dismissal due to transfer to another service;
5. a significant change in the conditions that led to the refusal of the employee to continue the performance of duties;
6. serious changes in the state of health (a medical report is required) or death;
7. conscription for urgent military service;
8. downsizing or liquidation of a legal entity;
9. retirement;
10. election to a certain position;
11. material breach of the terms of the original contract;
12. refusal to move to another city together with the organization;
13. circumstances beyond the control of the parties.

Important: each reason for breaking off relations has its own nuances, including financial ones.

Basic rules for filing a dismissal

The personnel officer is obliged to know the subtleties and nuances of drawing up documents and the procedure for familiarizing the dismissed person with them. The result of a probable lawsuit, if initiated by an offended worker, depends on the accuracy of the algorithm.

The following actions should be taken:

1. Receive an application from the employee or determine other conditions for terminating the employment relationship.
2. Prepare a draft order based on the previous document. Submit it to the manager for signature. The document indicates the days of ungranted vacations along with the corresponding periods.
3. Familiarize with the fully executed and registered order of the dismissed person under the signature.
4. Create a TRC. This document contains the exact phrase from the order about the reason for parting with the worker.
5. Issue TRK on the last working day. Get a person's signature in the movement log of this type of document. In addition, the dismissed person is obliged to without fail put the date of receipt of the TRC, corresponding to the day of termination of the contract.
6. Full payment is also made on the last business day.

Important: in the order and in the TRC there is a mandatory reference to an article of labor legislation.

Certificates issued to the dismissed

In accordance with the norms of the law, a person may require certain information characterizing his activities in the workplace. Within three days, the administration is obliged to satisfy the request for such information:

1. copies of orders for:
   • recruitment;
   • termination of work;
2. certificate of income received in the form of personal income tax -2;
3. an extract from a personal card about vacation periods;
4. information on accruals for two years;
5. otherwise.

Attention: it should be remembered that this information can become evidence in a lawsuit.

Making your own desire

The employee is given the right to initiate termination of the agreement. The law contains the following rules:

• the obligation of a person to notify the employer of his decision two weeks in advance;
• the ability to cancel the initiative within a specified period.

The actions and rights of the administration are as follows:

1. accept an application;
2. reduce or cancel the consideration period;
3. do not insist on termination of the employment relationship if the person changes his mind;
4. issue an order and TRC;
5. familiarize with the documents of the resigning person;
6. issue a calculation.

How is the employer's initiative formalized?

The reasons for the initiative decision of the management are the following circumstances:

1. misconduct, including:
   • absenteeism;
   • use of alcohol or drugs on the job;
2. failure to perform duties;
3. unsatisfactory results probationary period;
4. existence of disciplinary sanctions;
5. theft of property (or damage to it);
6. disclosure of state or commercial secrets;
7. position mismatch;
8. reduction of position (staff);
9. reorganization;
10. liquidation of a legal entity (or individual entrepreneurship).

Important: each of the circumstances must be documented.

In particular, violation of discipline is accompanied by the following papers:

• memorandum of the immediate supervisor;
• act of the commission confirming the fact;
• explanatory note of the violator;
• levying order.

Attention: in some situations, management may initiate an internal investigation. Based on its results, further decisions are made.

Agreement of the parties

This reason for the separation of the employer and the worker gives the parties a wider scope for action. It can be used in situations where other reasons are prohibited. Namely, in cases where the employee is on vacation:

• next;
• maternity;
• by illness.

The procedure for the parties is as follows:

1. Drawing up an appropriate application by an employee, endorsement by his head.
2. Preparation of an order indicating the reason for dismissal.
3. Familiarization with the text dismissed under the signature.
4. Making an entry:
   • in TRK;
   • in the journal of the movement of this type of documents.
5. Issuance to the employee of the TRC and full payment.

For information: this reason for breaking off relations makes it possible for a person to immediately register with the employment authorities and receive benefits.

Contract expiration

If a worker is hired fixed-term contract, then parting with it may be due to the expiration of the document. To fulfill all the conventions, the administration of the enterprise is obliged to notify the employee in writing about the existing grounds three days before the end date of the contract.

Important: if the notification is not made, then the contract goes into the category of unlimited. The basis for breaking off the relationship is no longer valid.

If there is this reason for parting with an employee, it is necessary to perform the following additional measures:

1. Compose a notice.
2. Register it in the appropriate journal.
3. Familiarize the person with the document against signature (with the date) or send it to his address by registered mail.
4. Otherwise, the procedure does not differ from the procedures already described above.

Special conditions for certain categories of citizens

The employer's initiative is not applicable under all conditions. So, the authorities do not have the right to organize the dismissal of such categories of workers:

1. pregnant woman;
2. mother of a child who is under three years of age;
3. single mother raising:
   • a child under 14;
   • a minor child with a disability;
4. some others.

For information: unfortunately, the above circumstances often prevent privileged citizens from finding a job.

Other reasons for termination of employment relationship

The Labor Code of the Russian Federation indicates a significant number of circumstances leading to the end of relations between an employee and an enterprise. Each has subtleties and nuances. However, they have common features. So, when drawing up documents, it is necessary to strictly comply with the requirements of the law.

1. If the break in cooperation is related to a state of health, then a medical certificate must be obtained and attached to the case.
2. The criminal act is confirmed by the decision of the judicial authority on punishment.
3. Admission to study - a certificate from the institution.
4. Conscription to the army - the relevant document from the military registration and enlistment office.

Attention: during the inspection by employees of the labor inspectorate, illegal contracts may be identified. They will also have to be broken.

As a rule, violations in hiring are associated with:

• with the presence of a prohibitive decision of the judicial authority on engaging in certain types of activity;
• discrepancy between the state of health and the severity of the assigned duties;
• lack of an established level of education (qualification).

For information: if the administration of the enterprise is guilty of the violation, then the dismissed person will have to pay severance pay. As a rule, its size is equal to the average monthly accruals.

Contract termination disputes

Sometimes personnel officers have to deal with the inaccuracy or maliciousness of employees when drawing up an application. Here is a list of situations with ready-made solutions:

1. If the date of dismissal is not indicated, then it is counted from the date on the application (2 weeks).
2. If the person leaving asks him to calculate on time, less than fourteen days, then you should ask the person to rewrite the application. Sometimes management agrees to such a date.

Important: unauthorized leaving of the workplace, previously established by law for two weeks, gives grounds for initiating separation due to absenteeism.

Watch a video about layoffs

On the same subject

In accordance with paragraph 2 of Art. 278 of the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation), the head of the organization may be dismissed in connection with the adoption by the authorized body legal entity, or by the owner of the property of the organization, or by the person (body) authorized by the owner of the decision to terminate employment contract.

At the same time, it is specifically indicated that the decision to terminate the employment contract (hereinafter referred to as the decision) on the specified basis in relation to the head of the unitary enterprise is taken by the authorized owner of the unitary enterprise in the manner established by the Government of the Russian Federation (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02.06.2015 No. 21 "On some issues that have arisen in the courts in the application of legislation regulating the work of the head of the organization and members of the collegiate executive body organizations").

Decree of the Government of the Russian Federation of March 16, 2000 No. 234 "On the procedure for concluding employment contracts and certification of heads of federal state unitary enterprises" (hereinafter referred to as Decree No. 234) approved the Regulations on holding a competition for filling the position of the head of a federal state unitary enterprise and the Regulations on conducting certification of heads of federal state unitary enterprises (hereinafter referred to as the Regulation on certification).

According to paragraph 2 of Resolution No. 234, the decision to terminate the employment contract with the head of a unitary enterprise in accordance with paragraph 2 of Art. 278 of the Labor Code of the Russian Federation is adopted after prior approval by the certification commission. According to clause 11 of the Regulations on the certification of heads of federal state unitary enterprises, the certification commission has the right to approve the draft decision of the authorized federal executive body to terminate the employment contract with the head of the enterprise in accordance with clause 2 of Art. 278 of the Labor Code of the Russian Federation.

At the same time, if we are talking about the head of a federal state unitary enterprise, included simultaneously in the consolidated register of organizations of the military-industrial complex in accordance with Decree of the Government of the Russian Federation of February 20, 2004 No. 96 and in the list strategic enterprises and strategic joint-stock companies, approved by Decree of the President of the Russian Federation of 04.08.2004 No. 1009, the draft decision of the federal executive body on termination of the employment contract with the head, is subject to approval by the Military-Industrial Commission under the Government of the Russian Federation if a permanent member Military Industrial Commission under the Government of the Russian Federation, included in the attestation commission with the right of a decisive vote, a dissenting opinion is set out in writing, which is attached to the decision of this commission.

It should be noted that the Supreme Court of the Russian Federation in its ruling dated 12/17/2010 No. 55-B10-2 indicated that, within the meaning of the provisions of paragraph 2 of Art. 278 of the Labor Code of the Russian Federation in its relationship with Art. 81 and paragraphs 1 and 3 of Art. 278 of the Labor Code of the Russian Federation upon termination of the employment contract with the head of the organization by decision of the authorized body of the legal entity, including the board of directors ( supervisory board) joint-stock company, or the owner of the property of the organization, or a person or body authorized by the owner (hereinafter referred to as the owner), it is not required to indicate certain specific circumstances confirming the need to terminate the employment contract. Thus, it is believed that the employment contract with the head of the Federal State Unitary Enterprise can also be terminated without explaining the reasons that served as the basis for such termination. At the same time, we recommend that the reason for making such a decision still be indicated.

In the event of termination of the employment contract with the head of the organization of a unitary enterprise, the head of the state or municipal institutions in accordance with paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, in the absence of guilty actions (inaction) of the head, he is paid compensation in the amount of three times the average monthly salary (part 2 of article 349.3 of the Labor Code of the Russian Federation).

At the same time, I would like to note that the decision to terminate the powers of the head of the organization on the grounds provided for in paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, without observing the procedures for bringing an employee to responsibility, it is possible only in the absence of guilty actions on the part of the head of the organization. In all other cases, dismissal should be made as a measure disciplinary responsibility in compliance with the procedure established by Art. 193 of the Labor Code of the Russian Federation.

Thus, first the federal executive body must prepare a draft decision on the termination of the employment contract with the head under paragraph 2 of Art. 278 of the Labor Code of the Russian Federation. Then this project is submitted to the certification committee, which either approves it or not.

Note that neither the Labor Code of the Russian Federation, nor Resolution No. 234 provide for the obligation to familiarize the head of the Federal State Unitary Enterprise with said decision, however, it seems correct to acquaint the employee with such a decision against signature.

If the commission does not approve the draft decision, then it is not possible to terminate the employment contract on this basis with the head of the Federal State Unitary Enterprise. Upon approval of the draft decision, the employment contract is terminated. The termination of the employment contract is formalized by order. Unfortunately, the legislator does not establish a period during which, after the decision is made, an order to terminate the employment contract must be issued. It therefore seems reasonable if such time limits are set in the decision itself.

In accordance with Part 4, 6 Art. 84.1 of the Labor Code of the Russian Federation, on the day the employment contract is terminated, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Art. 140 of the Labor Code of the Russian Federation. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

As for the head of the federal budget institution(FGUP), since the FBU is not unitary enterprise(Article 9.2. Federal Law No. 7-FZ dated January 12, 1996 "On non-profit organizations"), then the dismissal under paragraph 2 of article 278 of the Labor Code of the Russian Federation in this case is carried out in the above manner, only without prior approval of the draft decision by the certification commission.

In the context of the global crisis, employers began to abuse their opportunities, which they had sinned before, but to a lesser extent. I would like to talk about the general highlights for people who are already in labor relations or are going to enter into them, as well as to clarify the nuances of labor relations.

1) Employment:

☼ Before applying for a job, the employer must familiarize the applicant with a number of local regulations: the rules of internal work schedule;

job description;

Instruction on labor protection;

Regulations on the structural unit in which it will perform labor activity employee;

Regulations on certification;

Regulations on trade secrets;

Regulations on wages;

work schedules;

Shift charts.

The internal labor regulations can be attached to the employment contract or provide for a note in the contract "Familiarized with the internal labor regulations." In the absence of internal labor regulations, as well as the maintenance of a time sheet, it is impossible to apply disciplinary sanctions to employees who are late for work or absent themselves without permission during the working day. This step is accompanied by the employee writing a job application.

☼ The next step in applying for a job is to conclude an employment contract with the employee.

Contracts are:

An “indefinite” contract is one concluded for an indefinite period.

Fixed term contract- is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation.

In accordance with the provisions of the said article 68 of the Labor Code of the Russian Federation, employment is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract. The order (instruction) of the employer on hiring is announced to the employee against receipt within three days from the date of signing the employment contract. At the request of the employee, the employer is obliged to give him a duly certified copy of the specified order (instruction) when applying for a job. When applying for a job (order), the following is indicated: the name of the structural unit, position, probationary period, as well as the conditions for hiring and the nature of the work to be done (in the order of transfer from another organization, part-time, to replace a temporarily absent employee, to perform certain work and other). It should be remembered that an employment order does not replace an employment contract, but is a one-sided internal document of the employer. The personal data of the employee is entered into his personal card. Personal data, an order for employment, as well as an employment contract can, at the request of the employer, be drawn up in the "personal file" of the employee.

2) Probationary period According to Article 70 of the Labor Code of the Russian Federation, an employment contract may provide for a condition on testing an employee in order to verify his compliance with the assigned work. The probationary period for employment cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law. Graduates of educational institutions (primary, secondary and higher vocational education) having state accreditation, within a year from the date of graduation from the educational institution. In addition, Article 70 of the Labor Code of the Russian Federation identifies a group of people who cannot be hired on a probationary period, for example, pregnant women and women with children under the age of one and a half years, persons under the age of eighteen, etc. When concluding an employment contract for a period of up to 2 months, the employee is also not set a probationary period. If the employee is actually allowed to work without drawing up an employment contract (Article 67 of the Labor Code of the Russian Federation), subsequently a condition on a probationary period can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.

3) Termination of labor relations:

a) at the initiative of the employee. The procedure and grounds are set out in Art. 80 of the Labor Code of the Russian Federation, the employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance. According to this article, an employment contract may be terminated, both concluded for an indefinite period and a fixed-term employment contract. That is, it does not matter for how long (certain or indefinite) an employment contract was concluded. The employee has the right to withdraw his application at any time before the expiration of the notice of dismissal. Provided that another employee is not invited to his place (in writing), who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract. Dismissal must be distinguished own will and dismissal by agreement of the parties. Dismissal by agreement of the parties occurs subject to the joint expression of the will of the parties, and in case of dismissal of one's own free will, the opinion of the employer does not matter. His duty is to fire the employee. A significant difference between voluntary dismissal and dismissal by agreement of the parties is that in the process of dismissal by agreement of the parties, the employee can withdraw his application only with the consent of the employer. Upon dismissal of his own free will, the employee can withdraw his application, regardless of the desire of the employer. And also the continuous seniority, which is known to affect payment sick leave.

The question arises, so how is it more profitable for an employee to quit?!

By agreement of the parties: - there is no need to wait for the mandatory two weeks, but the employee does not have the opportunity to unilaterally change his mind. - it is possible to provide conditions in favor of the employee (for example, additional payments, provision of positive recommendations, assistance in finding a job, etc.).

At their own request: - the employee has the right to withdraw his application within two weeks, regardless of the desire of the employer. Neither the employee nor the employer can unilaterally reduce the notice period. And if the employee, against his will, is fired before the expiration of the notice of dismissal, then the employer, by a court decision, will be obliged to reinstate him at work with payment for forced absenteeism. The only exception is if the parties have agreed that the contract is terminated before the expiration of two weeks. When there is no such agreement, the employee is obliged to regularly come to work during the entire notice period. If the employee skips work during this period, the employer has the right to fire him, and already for absenteeism.

The obligation of the employee to notify the employer of his desire arises not only during the period of work, but also during vacation, temporary disability and other periods of absence from work. If the employer refuses to accept the letter of resignation, the employee may send his application by registered mail with acknowledgment of receipt to the address of the organization in which he works. After two weeks from the date of receipt by the employer of such a letter, the employee has the right to stop working. On the last day of work, the employer is obliged to issue a work book, other documents related to work, upon a written application, and make the final payment. An employee can also file a complaint about a violation of his labor rights with the Federal Labor Inspectorate, which is authorized to take measures to eliminate identified violations and restore violated rights. There are categories of workers who may not work out the mandatory two weeks. These are employees who have concluded a contract for a period of up to two months, as well as those employed in seasonal work. These categories are required to warn the employer in writing of the early termination of the contract for three calendar days(Article 292 of the Labor Code of the Russian Federation). The same simplified procedure for terminating the contract at will is established for an employee who, during the period of his probation, came to the conclusion that the work does not suit him. If the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (for example, when enrolling in educational institution, retirement, etc.), as well as in cases of established violation by the employer of laws and other regulatory legal acts containing norms labor law, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

b) at the initiative of the employer The grounds are set out in Article 77 of the Labor Code of the Russian Federation, any dismissal of an employee without his consent on other grounds or in violation of the established procedure and will be illegal.

The most common violations of the law by employers are:

Dismissal on grounds not provided for by law;

Dismissal on the basis that did not take place in reality;

Indication of a ground for dismissal other than the one that actually took place;

Dismissal without proper documentation of disciplinary offenses and gross violation of labor duties (absenteeism, appearing in a state of intoxication, violation of safety rules, theft, etc.);

Non-payment of wage arrears to a dismissed employee under far-fetched pretexts;

Dismissal with the wording of a reduction in the number or staff without carrying out a real reduction procedure;

Violation of the procedure for warning employees about the upcoming liquidation or termination of the employer's activities, reduction in the number and staff;

Dismissal for inconsistency with the position held or work performed due to insufficient qualifications without proper certification of the employee;

Dismissal for inconsistency with the position held or work performed for health reasons without a proper medical examination.

I would like to draw particular attention to important point, namely, that employers dismiss on their own initiative, but offer the employee to write an application for termination of the employment contract of their own free will. To which, as a rule, employees agree not to “spoil relations”, or under pressure from the employer, who at the same time can “blackmail” them with non-payment of wages. Since only a small part of employers from the total number pays wages 100% in the "white". But it happens that a disciplinary act actually took place, then it would be most prudent to agree with the entry in the work book, so as not to waste not your time and energy, nor the employer. And learn a lesson for yourself, drawing conclusions so that in the future such things would not spoil your “working life”. But if the dismissal is made for illegal reasons, then in no case should you agree with such an entry in the work book. Theoretically, when considering cases on the above grounds, the courts should carefully, with special attention, check the motives and grounds that gave rise to the filing of a letter of resignation. Having established that the employer forced the employee to file an application for resignation from work, the court must recognize the dismissal as illegal, but in practice, as a rule, it is extremely difficult to prove such coercion. As practice shows, a large number of violations of labor legislation when terminating an employment contract at the initiative of the employer is associated with a number of factors, which include: legal illiteracy of officials who make certain decisions on behalf of the employer; absence of a lawyer. And of course, the employees themselves have insufficient, if not a complete lack of knowledge in the field of labor legislation, which also plays an important role and implicitly provokes the employer to take advantage of this.

In conclusion, an example from practice: A pregnant woman who was in her seventh month of pregnancy applied, the employer offered her to quit in order not to pay benefits for pregnancy and childbirth, child care allowance for up to 1.5 years. The complexity of the situation was that she was nominally employed, only under an employment contract, there was no work book, the employment procedure under the Labor Code of the Russian Federation was completely violated (lack of an order / order on admission, wage paid in "black", etc.). After receiving a quality legal services in our organization, her issue was successfully resolved and mommy calmly enjoys the happiness of motherhood.

I hope that this information will help to avoid unpleasant moments that usually arise for employees when applying for a job that does not comply with the Labor Code of the Russian Federation. In conclusion, I would like to give advice, do not be afraid and do not hesitate to defend YOUR rights. Do not take hasty and thoughtless steps, which you will regret later, and, of course, it is better to entrust the protection of your rights to professionals.

1. General definitions and positions.

1.1. In accordance with the Constitution, citizens of the Russian Federation have the right to freely dispose of their abilities for work, to choose the type of activity and profession, to be paid in accordance with its quantity and quality, but not below the minimum wage established by the state.

1.2. Forced labor is prohibited.

1.3. These Internal Labor Regulations are a local normative act of the GBSU SO GPVI "Volga Psychoneurological Boarding School" (hereinafter referred to as the institution), which regulates in accordance with Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in an institution.

1.4. The purpose of these Internal Labor Regulations is to strengthen labor discipline, rational use working hours, increasing the efficiency and productivity of labor, high quality work, team building professional workers institutions.

1.5. Labor discipline is understood as obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, a collective agreement, an employment contract, and local regulations of an institution.

1.6. The administration of the institution is obliged, in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, an employment contract, to create the conditions necessary for employees to comply with labor discipline. Employees who conscientiously perform their labor duties are encouraged. Apply disciplinary measures to violators of labor discipline.

1.7. These Internal Labor Regulations are approved by the administration, taking into account the decision general meeting employees of the institution, according to Art. 190 of the Labor Code of the Russian Federation.

1.8. When hiring, the employer is obliged to familiarize the employee with these rules against receipt.

1.9. The text of the Internal Labor Regulations is placed in the institution in an accessible place.
2. Regulations for hiring and dismissal, a description of the conditions of the probationary period and transfer.

2.1. Employees exercise the right to work by concluding an employment contract for work in an institution.

2.2. The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept in the institution. The receipt by the employee of a copy of the employment contract is confirmed by the signature of the employee on the copy of the employment contract stored in the institution. The content of the employment contract must comply with the current legislation of the Russian Federation. When concluding an employment contract, the parties may establish any conditions in it that do not worsen the position of the employee in comparison with the current legislation of the Russian Federation.

2.3. When concluding an employment contract, a person entering a job is obliged to present the following documents to the administration of the institution:

Passport or other identity document;

Employment book, except for cases when an employment contract is concluded for the first time or the employee enters a part-time job;

Insurance certificate of state pension insurance, except for the case when the employee enters work for the first time;

Evidence of identification tax number;

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

Certificate of the established form when applying for a job requiring a mandatory medical examination;

Persons hired for a position requiring special knowledge in accordance with the requirements qualification handbook are required to present documents confirming the educational level and professional training.

2.4. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the administration of the institution.

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

2.6. An employment contract enters into force from the day it is signed by the employee and the director of the institution, unless otherwise provided by federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day actual assumption employee to work with the knowledge or on behalf of the administration of the institution.

2.7. The employee is obliged to start performing labor duties from the day specified in the employment contract. If the employment contract does not stipulate the day of commencement of work, then the employee must start work on the day after the entry into force of the contract.

2.8. Employment is formalized by order of the director of the institution on the basis of a concluded employment contract. The content of the order must comply with the terms of the concluded employment contract. The order of the director on hiring is announced to the employee against receipt.

The director of the institution and his deputies in accordance with the delegated powers have the right to employ citizens, transfer, relocate and dismiss employees of the institution.

2.9. On the basis of an employment order, the employer is obliged to make an entry in the work book of the employee within five days, if the work in the organization is the main one for the employee.

2.10. When hiring a newly hired employer, the institution is obliged to familiarize the employee with the working conditions, his job description, these Rules, the terms of remuneration, explain his rights and obligations, instruct him on the rules of safety, sanitation, fire safety.

2.11. Employment records are kept at the institution. Forms of work books and inserts to them are stored as documents of strict accountability.

2.12. The work book of the director of the institution is kept in the Ministry of Labor and social protection population of the Volgograd region.

2.13. The administration of the institution is not entitled to require the employee to perform work not stipulated by the employment contract. Changes to the terms of an employment contract can only be made in accordance with applicable law.

2.14. For each employee of the institution, records are kept, consisting of a copy of the document on education and (or) vocational training, a medical report on the absence of contraindications to work in an institution, documents presented when applying for a job instead of a work book, an attestation sheet.

One copy of the written employment contract is also kept here.

2.15. The personal file of the employee is kept in the institution, including after dismissal, for 75 years.

2.16. The admission of an employee to an institution is recorded in the personnel register.

2.17. Transfer to another permanent job in an institution, that is, a change labor functions or change essential conditions employment contract is allowed only with written consent worker.

2.18. In case of production necessity, the administration of the institution has the right to transfer the employee for a period of up to one month to work not stipulated by the employment contract in the same institution. The duration of a transfer to another job to replace an absent employee cannot exceed one month within calendar year(from January 1 to December 31). At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons.

2.19. With written consent, an employee may be transferred to a job requiring a lower qualification.

2.20. With organizational changes in the work of the institution, it is allowed to continue working in the same position, in the specialty, qualifications. When changing the essential working conditions of an employee: the system and amounts of remuneration, benefits, working hours, the establishment or abolition of part-time work, combining professions, changing the name of positions, and others. The employee must be informed about this in writing no later than two months before their introduction.

2.21. Transfer to another job within the institution is formalized by order of the director of the institution, on the basis of which an entry is made in the work book of the employee (except for cases of temporary transfer).

2.22. Termination of an employment contract may take place only on the grounds provided for by law.

2.23. The employment contract may be terminated by agreement of the parties.

2.24. The employee has the right to terminate the employment contract by notifying the administration of the institution in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the administration receives the employee's application for dismissal.

2.25. By agreement between the employee and the administration of the institution, the employment contract may be terminated even before the expiration of the notice of dismissal.

2.26. In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the administration of the institution of labor legislation and other regulatory legal acts containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the director of the institution is obliged to terminate the employment contract within the period specified in the employee's application.

2.27. Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract.

2.28. Termination of the employment contract at the initiative of the administration of the institution is carried out taking into account motivated opinion representative body of the organization, with the exception of cases provided for by the legislation of the Russian Federation.

2.29. The termination of the employment contract is formalized by the order of the director of the institution.

2.30. The employee must be familiarized with the order of the director of the institution on the termination of the employment contract against signature. At the request of the employee, the director is obliged to issue him a duly certified copy of the said order. In the event that the order to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order.

2.31. On the day of dismissal, the administration of the institution makes a full cash settlement with the dismissed employee and issues him a properly executed work book. An entry about the reason for dismissal in the work book is made in accordance with the wording of the current labor legislation and with reference to the article, paragraph and part of the Law. The day of dismissal is considered the last day of work.

2.32. Upon receipt of a work book in connection with the dismissal, the employee signs in the personal card of the T-2 form and in the book of accounting for the movement of work books and inserts to them.

2.33. In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the administration of the institution sends the employee a notice of the need to appear for work book or agree to send it by mail. From the date of sending the said notification, the administration is released from liability for the delay in issuing a work book.
3. Obligations and rights of employees and the employer.

3.1. An employee of the institution has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Provision of work, stipulated by the employment contract, corresponding to his professional training and qualifications;

A workplace that meets state regulatory requirements for labor protection;

Timely and in full payment of labor not lower than the amounts established by the government of the Russian Federation for the relevant professionally qualified groups of workers;

Recreation guaranteed by federal law maximum duration working hours and ensured by the provision of weekly days off, public holidays non-working days paid annual leave;

Vocational training, retraining and advanced training in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;

Receipt qualification category subject to successful completion of certification in accordance with model provision on the attestation of medical, pedagogical and executive employees of state institutions;

Participation in the management of the institution in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;

Conducting collective negotiations 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 means not prohibited by law;

Compensation for harm caused to him in connection with the performance of his labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance in cases stipulated by federal laws;

Other rights provided for by the collective agreement of the institution.

3.2. The employee of the institution is obliged:

Conscientiously and in full to fulfill their labor duties assigned to him by an employment contract, job description, other local regulations;

Present documents required by the current legislation of the Russian Federation when applying for a job;

Comply with the internal labor regulations of the institution, including the regime of work and rest;

Observe labor discipline;

Respect the legal rights and freedoms of customers;

Show concern for the clients of the institution, take into account individual characteristics clients and the situation of their families;

Efficient use of equipment, economical and rational use of raw materials, electricity, fuel and other material resources;

Use working time for productive work, to fulfill production tasks and assignments in a quality and timely manner, to fulfill established labor standards, to work to improve their professional level;

Competently and timely maintain the necessary documentation;

Comply with the requirements for labor protection and ensuring labor safety, including the correct use of personal and collective protective equipment, undergo training in safe techniques and methods for performing work on labor protection, first aid in case of accidents at work, briefing on labor protection, internships at the workplace place, checking knowledge of labor protection requirements;

Pass mandatory medical examinations in cases stipulated by the legislation of the Russian Federation;

Systematically improve their skills, study advanced techniques and methods of work, improve professional skills;

Inform the administration of the institution or the immediate supervisor, or other officials about the reasons for absenteeism and other circumstances that prevent the employee from properly performing his job duties;

Take care of the property of the institution, keep it clean, cultivate respect for property and clients;

Submit information to the administration of the institution about a change in surname, marital status, place of residence, change of passport, other identity document, loss of an insurance certificate of compulsory pension insurance.

3.3. Responsibilities of medical and teaching staff of the institution

Observe labor discipline.

Ensure the safety of life, physical and mental health of clients.

Observe sanitary rules.

Strictly comply with the requirements of the legislation of the Russian Federation regarding the protection and promotion of the health of clients.

3.4. The main rights and obligations of the employer:

The employer of the institution has the right:

Manage the institution, personnel within the powers established by the Charter of the institution;

Select employees, conclude, amend and terminate employment contracts with them in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Conduct collective negotiations and conclude collective agreements;

Conclude other external agreements;

Encourage employees for conscientious efficient work;

To bring employees of the institution to disciplinary responsibility;

Require employees to fulfill their labor duties and respect the property of the institution and other employees, compliance with the rules of internal labor regulations;

Open and close bank accounts;

Adopt local regulations.

The employer is required to:

Create the necessary conditions for employees and customers, to take the necessary measures to improve the situation of employees;

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and labor contracts;

Provide employees with work stipulated by the employment contract;

Provide employees with production and social conditions that meet the established requirements;

Keep records of working hours actually worked by employees, ensure accounting of overtime work;

Timely grant vacations to employees of the institution in accordance with the schedule approved for the year;

To acquaint employees against signature with the adopted local regulations directly related to their work activities;

Monitor the knowledge and compliance of employees with the requirements of safety instructions, industrial sanitation and hygiene, fire safety rules;

To create a healthy moral and psychological climate in the team and favorable working conditions;

Timely comply with the instructions of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising the functions of control and supervision in the established field of activity, pay fines, imposed for violation of labor legislation and other normative legal acts containing labor law norms;

Take the necessary measures to prevent injuries, occupational and other diseases of employees of the institution;

To resolve, within the limits of the rights granted, the issues of hiring, dismissal and promotion of distinguished employees, as well as the imposition of disciplinary sanctions on violators of labor and production discipline;

Perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.

3.5 Liability of the parties

Persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary liability and material liability in the manner established by the Labor Code of the Russian Federation, other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.

The employer is responsible for:

Level of qualification of employees of the institution;

Implementation of programs in accordance with the requirements of the state standard;

Life and health, observance of the rights and freedoms of employees and clients of the institution;

Failure to perform or improper performance without good reason of the Charter of the institution, the Internal Labor Regulations, other local regulations, orders of management bodies, official duties - disciplinary liability;

Violation of the rules of fire safety, labor protection, sanitary and hygienic rules in the institution, the employer is brought to administrative responsibility;

Causing damage to the institution in connection with the performance or non-performance of their official duties, the employer shall be liable in the manner and within the limits established by labor and civil legislation.

Hiring is one of the first and most important procedures in the relationship between an employer and potential new employees. Moreover, regardless of the industry affiliation of the employer, nor on its scale or other factors. How responsibly the employer approaches the issue of hiring depends not only on the speed with which the newly hired employee will start his job. official duties, but also the likelihood of further labor disputes on issues related to employment.

Should the employer develop and approve the Regulations on the recruitment of employees?

We develop Regulations on the procedure for hiring

The law does not require that the employer must have approved a local regulatory act that would regulate recruitment issues. Therefore, the development of such a document remains at the discretion of the organization itself.

By approving such a provision, the employer, in fact, draws up an instruction on hiring, which is mandatory both for hired employees, for and for employees responsible for hiring newcomers (for example, for the personnel department and accounting department). Such a provision can be both general and relate to the employment of certain categories of workers. For example, an employer can approve an independent document - Regulations on the employment of drivers.

The structure and content of the Regulations on the recruitment of employees for work is determined by the employer independently, taking into account the requirements of the Labor Code of the Russian Federation and other legislative and regulatory acts.

The regulation may contain, in particular, the following sections provided for in Ch. 11 of the Labor Code of the Russian Federation:

• the age at which the conclusion of an employment contract is allowed;
• guarantees when concluding an employment contract;
• conditions for concluding an employment contract with former state and municipal employees;
• documents presented at the conclusion of an employment contract;
• the form of the employment contract;
• registration of employment;
• medical checkup when concluding an employment contract;
• test for employment.

Each of the presented sections may contain detailed guidance for responsible employees. For example, regarding the issue of the age of conclusion of an employment contract may be disclosed. And when considering the issues of concluding an employment contract with former state and municipal employees, the question of sending former employer your new employee's corresponding . The procedure for applying for a job may involve the compilation and even compilation by the employee. All this can also be reflected in the Regulations.

Here is a sample filling for the Regulations on employment.