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Sample. Order on the provision of one free day from work per week to prepare for writing a thesis

All disagreements are documented in the minutes, but even if they exist, the head of the organization has the right to accept the changes made to the PWTR on his own, but after that the trade union can appeal them to the court or start the procedure of a collective labor dispute in the manner established by the Labor Code of the Republic of Belarus (hereinafter - LC). Situation 2 There is no trade union in the organization, and the PWTR is accepted in the organization as an independent local regulatory legal act. In this case, changes to the PVTR are made on the basis of the decision of the employer without prior approval. From the editor: The procedure for this situation will be as follows.

Order to amend the internal labor regulations

In this case, the provisions of Art. 44 of the Labor Code of the Russian Federation. It is possible to make changes to the Rules if the draft amendments are submitted for collective bargaining. Possible changes are discussed and made to the project.

If the parties have not reached an agreement, then the Rules are approved in a "raw" form, along with a protocol of disagreements. If the Rules are a separate normative act, then in order to make changes to it, one must be guided by the norms of Art. 372 of the Labor Code of the Russian Federation. That is, the employer prepares a draft of the changes and sends them for study and discussion to the elected body of his trade union.

He must attach a written justification for each proposed change to the proposed change. Within 5 days, the union studies this document and sends a reasoned decision to the employer. If the union is against, they must offer an alternative to the proposed changes. The employer may or may not agree to them.

Changing the internal labor regulations

In this case, the following are considered to be changes: - replacement of words, numbers; - exclusion of words, numbers, sentences; - new edition of the structural unit of the local regulatory legal act; - addition of the structural unit, article, paragraph, chapter, section of the local regulatory legal act, new words, numbers or sentences. Amendments to local regulatory legal acts are formalized by an independent local regulatory legal act, in which, in turn, changes made to each such act are formalized by independent clauses. The procedure for amending the PWTR is not clearly defined by labor legislation.
Therefore, if it is necessary to make changes, it is necessary to resort to actions similar to those contained in the legislation. Thus, in the author's opinion, the procedure for introducing changes to the PWTR should repeat the procedure for adopting this document.

Amendments to the internal labor regulations

From the Editor: To register changes, you will need to submit the following documents to the appropriate authority: 1) an application for registration; 2) changes made to the collective agreement, each page of which is signed by the parties; 3) copies of documents confirming the powers of the parties to sign changes to the collective contract. Situation 4 The presence of a large number of changes in the PWTR made at different times. With a large number of changes made, it is advisable to approve new PWTR, and recognize the old ones as invalid.

This can be done by issuing an order. For a sample order on the approval of new PVRs and the invalidation of previously existing ones, see the “Useful Documentation” section on p. 27 magazines.

How to amend the internal labor regulations

If the employer does not agree with the changes proposed by the trade union, then he must conduct additional consultations on the new provisions of the Rules. If there is no trade union at the enterprise, then the employer can amend the Rules in two ways:

issue an order to amend;
develop a new version of the Rules and adopt it.

An order to amend the internal labor regulations An order to amend the Rules must be issued on the letterhead of the employer and have a serial number. In addition, it must contain the following information:

full name and position of the person who is responsible for the development and implementation of changes.

If necessary, the prepared draft changes should be discussed and finalized in all departments of the enterprise, its branches and other separate departments. The discussion takes place at a general meeting of the labor collective. For a sample of amendments to the PVTR, which are an annex to the collective agreement, see the “Useful Documentation” section on p.
26 magazines.

Attention

See the sample minutes of the general meeting of the labor collective in the “Useful Documentation” section on p. 28 magazine. Changes in the PWTR in the current situation will be an integral part of the collective agreement. They come into force from the moment of signing and are also subject to registration with the local executive or administrative body at the location of the employer.

Therefore, after acceptance and signing, they must be registered with the body that registers the collective agreement (Article 371 of the Labor Code).

How to amend the internal labor regulations?

At the same time, the dismissed are entitled to a severance pay in the amount of two weeks of average earnings (Article 178 of the Labor Code of the Russian Federation). Please note that a change in the operating mode of the organization must be justified and associated with a change in organizational or technological working conditions. Arbitrage practice. Determination of the Moscow City Court dated March 18, 2011 in case N 33-5153: resolving the dispute on the claim of B., the court proceeded from the fact that the order of the director of the public educational institution to approve the new work schedule for counselors is illegal, since in accordance with Art.
74 of the Labor Code of the Russian Federation, a change in the mode or schedule of work must be caused by a technological or other production need, and the employee must be warned about the changes in writing two months in advance. T.

The initiators of the amendments can be the head, the trade union;
To include corrections, a letter must be sent to one of the parties inviting consultation;
After reading the written application, the party that received the notification undertakes to negotiate within 7 days;
The date of the meeting of the commissions can be chosen by mutual agreement;
Before starting consultations, the parties must provide each other with a list of persons participating in the negotiations;
If the negotiations were fruitful, they should result in a joint project of changes in routine.

Changing the internal labor regulations sample If for some reason you are faced with the need to make changes to the internal regulations at the enterprise, then you should know the features of this process.
From the Editor: In this case, the employer no longer has the right to unilaterally make changes to the PWTR, since without the consent and signing of them by the trade union, they will not have legal force. To make changes, either party has the right to send a written request to the other party to conduct collective bargaining to change the PWTR, which is an annex to the collective agreement. The notification should be made in writing so that in the event of a dispute there is documentary evidence of the fact that one party applied to the other.

The notice is given to the person responsible for receiving correspondence or sent by letter with acknowledgment of receipt. If the initiator is a trade union, then if it becomes necessary to amend the collective agreement, it sends a proposal to the management of the organization to start negotiations on this issue.

Grounds for amending the internal labor regulations

Coordination of the draft changes to the Internal Labor Regulations with the members of the working group After the preparation of the draft changes by the responsible employee, the rest of the members of the working group need to agree on it. It is important that the proposed changes do not worsen the situation of workers in relation to existing working conditions. After discussing the draft, all members of the working group must put their signature with a transcript in the draft document. An important article about the internal labor regulations Stage 3. Coordination of the draft amendments to the Internal Labor Regulations with the trade union (if any) The prepared draft amendments must be sent to the elected body of the primary trade union organization. The trade union considers the document and sends to the employer its reasoned opinion in writing no later than five working days from the date of receipt.

However, everything is much more complicated when the provisions of local regulations are changed that affect essential working conditions - working hours, pay system, salary, etc. In this case, the employer must follow the procedure provided for in Art. 74 of the Labor Code of the Russian Federation: prepare a draft of changes to the local act, two months before their introduction, send notifications to employees about the change (for example, that the working hours have changed and the organization is moving from five days to six days). If the employees agree to work in the new conditions, we believe that it is possible to amend the local act even before the expiration of the two-month period. But if there is at least one dissenter, you will have to wait. And already after two months from the moment of notification, the changes in the local act will come into force. Note.

The subtleties of familiarization with personnel documents

Responsibility One of the obligations of the employer listed in Part 2 of Art. 22 of the Labor Code of the Russian Federation, is to familiarize employees against signature with the adopted local regulations that are directly related to their work activities. As the practice of control and supervision activities carried out by the state labor inspectorate shows, failure to comply with this obligation is a fairly common violation.

Of course, only for this the inspector is unlikely to be fined, but almost always there is something else, and then the inspectors apply administrative measures under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - a fine for an official from 1,000 to 5,000 rubles, for an organization - from 30,000 to 50,000 rubles.

How to conclude an employment contract correctly and according to the law?

Terms of familiarization of the employee with the documents So, the employer introduces the employees to the internal labor regulations and local regulations related to labor activity before concluding an employment contract, with the rest of the documents (newly adopted or containing changes to existing ones) - after. But at what time? Indeed, over time, the norms of local acts and other documents directly related to the activities of the employee may change, completely new documents may be adopted.

It is in such cases that personnel officers most often forget to acquaint employees. And it is simply necessary to do so. Of course, you should try to familiarize employees with changes or new documents as soon as possible.
We believe that a week is enough for this.

Recruitment. how to acquaint the employee with local acts.

Info

For a sample of a sheet of familiarization of employees with the LNLA operating at the employer, see the section "Useful Documentation" on p. 27 magazines. 2. To issue a special journal for familiarizing employees with the LNLA and the collective agreement.

For a sample log of familiarization of employees with LNLA operating at the employer, see the section "Useful Documentation" on p. 27 magazines. 3. Draw up a list of documents, which in the future will be an annex to the employment contract concluded with the employee.
This annex must contain a list of documents with which the employee is familiarized, familiarization visas under the name of each document listed in it, the date and number of the employment contract indicated by hand. For a sample annex to an employment contract containing a list of LNLAs in force at the employer, with which the employee is familiar, see the “Useful Documentation” section on p.
27 magazines.

Familiarization sheet with local regulations - sample

Everyone knows the rules of Art. 68 of the Labor Code of the Russian Federation, according to which, before signing an employment contract, an employee must be familiarized with the internal labor regulations, the collective agreement and other local regulations directly related to future activities. However, it is also necessary to acquaint employees with the documents adopted in the organization during their work activities.

After reading the article, you will find out what documents you need to familiarize the employee with and in what time frame. Whom and with what documents to acquaint? First of all, let's figure out what documents, in addition to those listed in Art. 68 of the Labor Code of the Russian Federation, it is necessary to familiarize the employee. As we know, an organization can develop local regulations - the so-called internal laws, which are adopted by the employer.

Acquaintance with local acts (Suverneva A.I.)

Attention

The requirements of the Labor Code of the Russian Federation to familiarize an employee when hiring (before signing an employment contract) with local regulations directly related to his labor activity, as well as a collective agreement, an employer (organization, individual entrepreneur) or an official (for example, the head of an organization) may be brought to administrative responsibility in accordance with Part. 1 Article. 5.27 of the Code of Administrative Offenses of the Russian Federation. For the repeated commission of a similar offense, these persons may be subject to administrative punishment in accordance with Part 1 of Art.

4 tbsp. 5.27 of the Code of Administrative Offenses of the Russian Federation. In practice, situations may also arise when it is impossible to prove any violations on the part of an employee who is not familiar with the local regulations of the organization (enterprise).

Acquaintance with local regulations when hiring

The magazine needs to be numbered, stitched, make a control inscription. For example: “96 (ninety-six) sheets are numbered and laced in the magazine.
Position, signature, transcript of the signature. And certify the inscription with a seal. In the Familiarization Journal, you can select blocks for the PVTR, the Regulations on the Protection of Personal Data, the Regulations on Remuneration, and other LNA.
And for large companies with a large number of employees, it is advisable to issue a separate Familiarization Journal for each local act. 3. For each employee, draw up a Familiarization Sheet with local acts. In this sheet, list all the documents with which it is necessary to acquaint the employee when applying for a job. After reading the document, the employee signs on the familiarization sheet opposite the relevant document (signature, date, transcript of the signature). Attach the completed list to the employment contract concluded with the employee.

The procedure for familiarizing employees with local regulations

We believe that the job description, if it is an annex to the employment contract, is an integral part of the employment contract, therefore, the rules on the procedure for concluding and amending the employment contract fully apply to its applications. According to Art. 67 of the Labor Code of the Russian Federation, an 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 by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

What local acts should the employee be familiarized with?

Stage after the conclusion For the current period, it is considered that the date of commencement of the employment contract is determined either by the date of its signing, or by the date of commencement of work, if the agreement was concluded later. The law provides a period of up to three days for the execution of the contract from the start of work.

The start of work can be specified in the agreement, if there is none, then the start of work is set on the next business day after signing. Notification of the Federal Migration Service on the conclusion of an employment contract For situations where a foreigner is accepted for a position, a separate procedure is provided.

It is necessary to send a notification to the FMS about the conclusion of an employment contract with a foreign citizen. The period when the notice of the conclusion of an employment contract in 2018 is submitted to the immigration service is 3 days from the date of employment.

The procedure for concluding an employment contract determines that a citizen may be required to:

passport;
diploma (certificate);
work book;
military ID;
TIN certificate;
health insurance policy;
state insurance certificate pension insurance;
recommendations.

Additionally, the employer has the right to request certificates of qualifications and practical work experience (knowledge), if necessary for the specifics of the future work. In cases where the law imposes restrictions on the ability to hold a position for persons with a criminal record, a certificate of absence or cancellation of a criminal record is requested. The general rules for concluding an employment contract do not give the right to request such a certificate. The candidate for the position has the right to get acquainted with the future working conditions, to make his wishes.

Read more about the use of this form of document in the article by I. Funtuzin “The foreman wants to increase the amount of work for the employee due to a shortage of personnel: how to do it right” in the heading “Resolving disputes” on p. 39 magazine.

Sample order to establish an additional payment for an increased amount of work

Read more about the use of this document form in the article by A. Kotlyar “Individual photograph or self-photo of working time - make your choice” in the heading “Labor rationing. Piece rates" on p. 16 magazine.

Sample card design for a photo of a working day (back side)

Read more about the use of these forms of documents in the article by S. Mayorov “Establishing a technically justified norm of time when changing the type of production” in the heading “Labor rationing. Piece rates" on p. 29 magazine.

A sample of the execution of a summary of one-but-nominal costs of a ra-bo-th-time

A sample of the design of the ba-lan-sa of the ra-bo-che-th time-me-ni

Read more about the use of this form of document in the article by A. Artyushevsky “Brigade form of labor organization: labor rationing and salary distribution” in the heading “Organization of labor” on p. 9 magazine.

Samples of registration of production accounting journals

Personnel documentation - a set of forms (documents) reflecting the presence and movement of labor resources. The whole complex of basic personnel documents can be conditionally divided into the following groups:

1. Organizational and legal documentation (internal labor regulations, structure and staffing, staffing, regulations on structural divisions, vacation schedule, job descriptions, orders for core activities, etc.).

2. Contractual documentation (employment contracts, contracts, civil law contracts, collective agreements, liability agreements, contracts for industrial training and advanced training of employees, etc.).

3. Administrative documentation (orders for personnel).

4. Personal documentation (personal cards T-2, personal files of employees, including those dismissed, work books, personalized records, personal primary military records, documents for assigning pensions, etc.).

5. Accounting and registration personnel documentation (receipt and expense book for accounting for forms of work books and inserts to them, a book for recording the movement of work books and inserts for them, a personal affairs register, time sheets, a register of workers leaving on business trips , register of applications and submissions for the appointment of pensions, etc.).

6. Information and reference documentation (military registration information, information provided to employment services, information about young professionals, documentation and information sent to social protection authorities, statistics, etc.).

7. Other documentation (correspondence with third parties, regulatory organizations, employees, notices, etc.).

Organizational and legal documentation

The internal labor regulations reflect the organization of the work of the enterprise, the mutual obligations of employees and the employer, the provision of vacations, secondment of employees, on-site regime, etc. The official and numerical composition of the organization, indicating the payroll fund, is fixed in the staffing table.

Job descriptions that establish the tasks, functions, rights, duties and responsibilities of employees regulate the legal status of employees of the organization.

An employee of the personnel service takes part in the preparation of these documents, and drawing up a vacation schedule is his direct responsibility.

According to Art. 168 of the Labor Code of the Republic of Belarus, the order of granting labor holidays is established for the team by the schedule of labor holidays approved by the employer in agreement with the trade union or by the employer in agreement with the employee in the absence of a trade union.

Vacation schedule compiled for the calendar year no later than January 5 or another period established by the collective agreement, agreement or agreed by the employer with the trade union, and is brought to the attention of all employees.

Contract Documentation

Labor contract comes into force from the date of its signing by the employee and the employer, unless otherwise provided by the contract itself, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer.

A similar date of entry into force is set for civil law contracts.

The employee is obliged to start performing labor duties from the day specified in the employment contract, or on the next working day after the entry into force of the contract, if the day of commencement of work is not specified in the employment contract.

It is also necessary to conclude with a financially responsible person liability agreement taking into account Ch. 37 TK. Contracts on material liability should be concluded from the same date, as the employment contract (contract), since the employee's material responsibility begins on the day when the employee begins to perform his duties.

When hiring or when concluding a civil law contract (before the date the employee actually begins to perform his/her duties) the employee of the personnel department is obliged to familiarize the employee against signature with the internal labor regulations in force in the organization, other local regulations related to the labor function of the employee, the collective agreement.

Contracts for industrial training are concluded in accordance with the Regulations on the organization of industrial training for students of institutions providing vocational education, approved by the Decree of the Council of Ministers of the Republic of Belarus dated October 28, 2002 No. 1487, with subsequent amendments and additions and other regulatory acts.

The terms and duration of periods of industrial training are established by educational institutions, taking into account the capabilities of organizations and educational and production facilities of educational institutions.

The organization, in accordance with the established procedure, organizes industrial training, including ensuring its documentation, expressed in:

Conclusion of agreements on the organization of industrial training for students of institutions providing vocational education;

Issuance of an order for the organization on the enrollment of students for industrial training in accordance with agreements on the organization of industrial training (as a rule, not less than a month before the start of industrial training);

Appointment by order of the organization of a person responsible for compliance with labor safety requirements during industrial training of students (taking into account the date of issue of the order on enrolling students in industrial training, but no later than the date of commencement of industrial training).

In accordance with Art. 220-1 of the Labor Code, the employer provides vocational training, advanced training, internships and retraining of employees in cases and in the manner prescribed by law, a collective agreement, an agreement, an employment contract.

In other cases, the need for professional training, advanced training, internships and retraining of employees is determined by the employer.

The order of professional training is regulated by:

Regulations on the educational institution (subdivision of the educational institution), providing advanced training and retraining of personnel, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated January 24, 2008 No. 103, with subsequent amendments and additions;

Regulations on continuous vocational training of workers (employees), approved by the Decree of the Council of Ministers of the Republic of Belarus dated May 15, 2007 No. 599, with subsequent amendments and additions.

Terms of industrial training, retraining, advanced training, etc. are established by educational institutions on the basis of relevant agreements with organizations.

Responsibility for ensuring continuous professional training of workers (employees) in organizations rests with the personnel services (clause 9 of the above Regulation).

Administrative documentation

Orders on personnel are the main documents that determine the official position of employees, and serve as the basis for making appropriate entries in their records.

According to the Model Instruction on office work in ministries, state committees and other central government bodies, institutions, organizations and enterprises of the Republic of Belarus, approved by order of the Committee on Archives and Office Work of the Republic of Belarus dated May 23, 1995 No. 13 (hereinafter referred to as the Instruction on office work), orders for personnel, hiring, reassignment, dismissal, leave, announcement of incentives, imposition of penalties are processed.

Draft orders on personnel are drawn up by employees of the personnel service on the basis of the submissions of the heads of structural divisions. Draft orders on incentives and penalties are prepared by the heads of those departments that make a proposal to encourage or punish employees directly subordinate to them.

So, hiring is formalized by the order (instruction) of the employer, issued on the basis of the concluded labor agreement (contract). The personnel officer must control that the content of the order complies with the terms of the concluded labor agreement (contract). The order of acceptance to work announced to the employee against signature. The current legislation does not establish a deadline for familiarizing the employee with the order, but, based on the meaning of Art. 25 of the Labor Code, it is advisable to familiarize the employee with the order before he begins to perform his job duties, namely - in three days from the date of signing the employment contract.

This material is published in part. The full material can be read in the Personnel Department magazine No. 1 (96), January 2009. Reproduction is possible only with

Labor and sanitary (if available) books.
Information about wages.
Information about the insurance period and personalized information about the insured person.
Copies of acts, orders and orders on the labor activity of the outgoing person.

All documents issued upon dismissal must be completed and certified by the seal of the organization.

Employment history

This is the main document about the labor activity and experience of a person. In the event of a delay in extradition, the employer may be fined up to 50,000 rubles.

The issuance of documents upon dismissal, especially forms of labor and personal medical records, should be recorded in special journals.

Personal medical book

All employees who are associated with the production, storage, transportation and sale of food products, drinking water, the upbringing and education of children, public utilities and consumer services are required to have a medical book. Upon termination of the employment contract, the employer is obliged to give the medical book, even if it was issued at his expense. Detailed explanations about the personal medical book can be found in the letter of Rospotrebnadzor dated November 10, 2015 No. 01/13734-15-32.

2-personal income tax

Contains information on the amount of income from the beginning of the calendar year and on the date of termination of the contract inclusive. Compensation for unused vacation is reflected in the certificate, but the amount of severance pay (if any), which is not subject to personal income tax, is not included in the certificate (for details, see Letter of the Ministry of Finance dated 04.18.2012 No. 03-04-06 / 8-118).

Salary information

Issued in the form approved by the Order of the Ministry of Labor dated April 30, 2013 No. 182n. Includes information about the employee's personal data and the amount of his earnings for the current and two previous years.

SZV-M

This form includes information for the month in which the person leaves, in the fourth section only data about the person being dismissed is indicated.

Report Form

Certificate of insurance experience

Here it is necessary to indicate information about the calculated, withheld and listed additional insurance premiums for the funded part of the labor pension. This obligation is established by Federal Law No. 56-FZ dated April 30, 2008.

Personalized information about the insured

The third section is completed. The period is from the beginning of the quarter to the date of dismissal.

Work Transmission

When an employee leaves the company, the organization, of course, is obliged to settle with him and issue the originals and copies of the documents indicated above, however, in some cases, the employee is also obliged to perform certain actions, for example:

issue;
hand over the cases that were in his work.

These cases are not regulated by law, but in some cases, for example, when carried out, they are necessary.