Internal labor regulations. 2021 sample

What does the TC say?

In accordance with the Labor Code of the Russian Federation, PVTR is a local (internal) regulatory act in an organization. It regulates the main issues of relations between the administration and staff. The Labor Code does not say that PVTR are developed and approved by the employer (Articles 189 and 190 of the Labor Code of the Russian Federation).

The mandatory availability of this document is set out in the All-Russian Classifier of Management Documentation, approved by Decree of the State Standard of the Russian Federation No. 299 of December 30, 1993 (OK 011-93, class 02000000, code designation 0252131).

What should the internal regulations contain?

Article 189 of the Labor Code of the Russian Federation specifies what information should be contained in the internal labor regulations:

procedure for hiring and dismissing employees;
basic rights, duties and responsibilities of employees and employers;
operating mode;
Time relax;
incentive and disciplinary measures;
other issues of working relations with this particular employer.

This is enough to answer the question of what internal labor regulations are in accordance with the law. This is the main document in the organization, regulating the work process and the rights of workers. If certain issues are not covered in the contract, they are determined by the PVTR.

The absence of this regulatory act in an organization, regardless of the reasons, is a violation of the law and entails liability under Article 5.27 of the Code of Administrative Offenses, which prescribes punishment ranging from a warning to a fine of 70,000 rubles.

More details about some sections

Many aspects of the internal regulations need not be described in full, but only indicate the norm of labor legislation. But those provisions that relate to the specifics of the employer should be disclosed in as much detail as possible.

Most often this concerns sections on work and rest schedules. The first must indicate the start and end time of the working day/shift, the length of the working week, the number of shifts per day, if the enterprise has adopted a shift work schedule, and other data in accordance with Art. 100 Labor Code of the Russian Federation. Working conditions with irregular working hours for certain categories of employees are specified separately (Article 101 of the Labor Code of the Russian Federation).

In the “Rest time” section, specify the time of the lunch break and its duration. For certain types of work within the working day/shift, special breaks are provided due to the technology and organization of the production process - they are also regulated by this section .

This section also includes information about days off (Article 111 of the Labor Code of the Russian Federation), especially when it comes to a shift work schedule. The employer has the right to allocate an additional paid day off, for example, to those employees who are receiving a second higher education, or to mothers with children under 14 years of age. Here you need to indicate in which cases an employee can receive additional annual paid leave (Article 116 of the Labor Code of the Russian Federation).

The procedure for remuneration is strictly regulated by federal legislation, in particular Art. 136 Labor Code of the Russian Federation. The place and timing of payment of salaries to employees should be clearly stated in the Internal Labor Regulations. In addition, it is worth specifying the conditions under which an employee can be awarded an incentive.

The PVTR must contain provisions describing disciplinary measures: violations of labor discipline by an employee, an algorithm for the employer’s actions, possible measures of liability, the procedure for compensation for damage, etc.

In the final section, the employer can prescribe an algorithm for resolving issues that are not included in the standardized sections, as well as the procedure for making changes to the document.

Structure of internal labor regulations

When developing, we recommend using the following structure:

General provisions.
Hiring and dismissal from work, issues of replacing temporarily absent employees.
Rights and obligations of the parties to the contract.
Working hours and rest periods.
Salary.
Responsibility of the parties, including rewards and disciplinary sanctions.
Final provisions.

It is necessary to clarify that, despite the technological and organizational gap between individual entrepreneurs, a pharmacy, an office, a hotel and a metallurgical plant, the document on the labor regulations of these enterprises is the same in structure (due to current legislation), but very different in content (due to conditions labor). Therefore, adhering to the intended structure, each employer fills the document with its own content in order to regulate labor and discipline in its enterprise.

Model internal labor regulations

The registration and development of internal labor regulations are carried out by a specially authorized employee in the manner established at the enterprise (it is allowed to establish a procedure for coordination with department heads, etc.). When developing, it is allowed to use the Model Rules approved by Decree of the USSR State Committee for Labor No. 213 of July 20, 1984. The document itself has become invalid.

However, if the employer decides to be independent in developing its own version of the rules, this will not become a violation. The main thing that an employer needs to know when developing rules is how to prevent the deterioration of an employee’s rights in comparison with current legislation: for example, it is no longer possible to establish such a disciplinary measure as a severe reprimand.

IMPORTANT!

In 2021 and 2021, changes were made to the Labor Code of the Russian Federation regarding the documents provided by the employee upon admission to the organization. Instead of SNILS, a special document on personalized accounting is now provided; the provision of a work book is allowed both in paper and electronic form (depending on which form the employee chose). It has also been established that the employer must provide information about his/her work activity upon the employee’s request. These amendments are not taken into account in the standard form.

Since 2021, changes to the Labor Code of the Russian Federation on remote work have come into force. The employer has the right to establish the procedure for interaction with the employee in a separate internal regulatory act, which is agreed with the trade union.

Obligation of the employee and employer to comply with labor discipline

The Labor Code of the Russian Federation distinguishes three types of responsibilities: general responsibilities, employee responsibilities, and management responsibilities.

General responsibilities apply to both parties to the employment contract, i.e. both to the employee and to the manager. They look like this:

fulfillment of duties prescribed in the employment contract and the Labor Code of the Russian Federation;
compliance with the internal regulations of the enterprise;
compliance with approved labor standards;
compliance with labor protection requirements;
preservation of the property of the enterprise and employees.

Labor obligations to comply with labor discipline are prescribed in the employment contract. However, this section is often taken outside the scope of the employment contract and is drawn up in the form of an additional agreement, a notification agreement or a provision on internal labor regulations. If, upon hiring, an employee was not informed about internal labor regulations, then he has the right not to comply with them.

In turn, management does not have the right to demand that an employee fulfill them until he becomes familiar with them. To strengthen labor discipline, management has the right to periodically conduct certification of employees for knowledge of labor discipline and its compliance.

Who approves labor regulations

The approval procedure is set out in Article 190 of the Labor Code of the Russian Federation, and, according to this article, the employer must agree on the draft regulatory act with the trade union (if there is one) before approval. If there is no trade union at the enterprise, there is no need to agree on anything with anyone. Although the article does not specifically indicate who approves the internal labor regulations of the organization, this is obvious. The current management of the enterprise's activities is carried out by the sole executive body, the head - director or general director, chairman, etc. The individual entrepreneur independently approves such a document.

Internal labor regulations are approved by order of the head of the organization. The order form is free. The main requirement is its availability.

ConsultantPlus experts discussed how to make changes to internal labor regulations. Use these instructions for free.

Decor

When registering, it is recommended to pay attention to the presence of the necessary details:

full and abbreviated name of the organization;
name of the document type;
details and name of the document by which they are approved;
all pages are numbered.

If there are appendices to the rules:

they are an inseparable part of the rules;
must contain their full name and details of the document by which they are approved;
have continuous numbering with PVTR.

According to the law, internal labor regulations are not required to be stitched and sealed. If they are stitched and sealed during registration, there will be no violation.

How to make changes to PVTR

Over time, changes and amendments may be made to the main legislative acts, and new organizational and technological processes may be introduced into the work of the enterprise. In order for previously adopted internal labor regulations to always be relevant, they need to be amended in a timely manner.

The need to make changes is documented in an official or memo addressed to the company administration. After this, the administrative act must appoint persons who will be responsible for developing a new version of the rules.

Since the procedure for amending the laws is not specified anywhere, it is recommended that when developing and adopting a new version of the rules of procedure, one should adhere to the procedure carried out during the primary process.

Important! After accepting the new version of the document, all company employees must be familiarized with it against signature.

Where does the employee sign?

The only essential requirement that cannot be forgotten is that the employee must be familiarized with this document before being hired (Article 68 of the Labor Code of the Russian Federation).

It is possible on the same day, but before the official documentary reception. Everything else is the employer’s creativity.

Option one - journal or registry

The employee confirms the fact of his familiarization with a signature in a special journal or register.

Option two - receipt

The employee writes a receipt indicating that he is familiar with the requirements of this local regulatory act and undertakes to comply with them (recommended). This receipt is filed in the employee’s personal file or file and, if necessary, is retrieved to confirm the fact of familiarization.

What are the consequences of violation?

Compliance with the requirements of the employer’s local regulations, including internal labor regulations, is the employee’s responsibility as set out in Article 21 of the Labor Code of the Russian Federation.

Therefore, if an employee is late, absent, or commits other violations provided for by the rules, the employer has the right to take disciplinary measures against him, up to and including dismissal.

The employer has the right to apply them in combination with economic penalties (if the regulations on remuneration contain appropriate clauses that allow bonuses and other payments, with the exception of the salary portion, to be classified as incentive payments).

Naturally, before applying a disciplinary sanction, the employer must follow the procedure established by Article 193 of the Labor Code of the Russian Federation: request written explanations and issue a regulatory document.

Sample PVTR

Rights of employees and managers

An employee has the right to:

termination, modification and conclusion of an employment contract on the terms and with requirements corresponding to the Labor Code of the Russian Federation and other federal laws;
regular and timely receipt of wages in the amount specified in the employment contract;
regular and timely rest (vacation, weekends, holidays);
an equipped workplace that meets labor safety requirements and is necessary to comply with labor standards;
obtaining professional training and retraining to master new equipment and comply with labor standards when they change;
management of the organization to the extent specified in the employment contract and the Labor Code of the Russian Federation;
obtaining complete information about management’s fulfillment of the obligations specified in the labor and/or collective contract;
receiving compensation for harm suffered at the enterprise;
receiving social insurance in accordance with federal laws.

The manager has the right to:

conclusion, termination and amendment of labor contracts in accordance with the Labor Code of the Russian Federation;
require employees to fulfill the obligations specified in the employment contract and the Labor Code of the Russian Federation;
encourage employees for exceeding labor standards and other merits in the labor process;
bring employees to disciplinary liability for violating their duties prescribed in the employment contract and the Labor Code of the Russian Federation (including legal regulation of labor discipline).
Organization of training, advanced training or retraining of an employee.