Magazine useful documentation page 27. Grounds for making changes to the internal labor regulations. Occupational safety and movement

However, everything is much more complicated when the provisions of local regulations that affect essential working conditions change - working hours, payment system, salary, etc. In this case, the employer must comply with the procedure provided for in Art. 74 of the Labor Code of the Russian Federation: prepare a draft amendment to the local act, send notifications to employees about the change two months before their introduction (for example, that the working hours have changed and the organization is switching from a five-day week to a six-day week). If employees agree to work under new conditions, we believe that changes can be made to the local act before the expiration of the two-month period. But if there is even one person who disagrees, you will have to wait. And after two months from the date of notification, changes in the local act will come into force. For your information.

Subtleties of familiarization with personnel documents

Responsibility One of the employer’s responsibilities listed in Part 2 of Art. 22 of the Labor Code of the Russian Federation, is to familiarize workers, against signature, with the adopted local regulations directly related to their work activities. As the practice of control and supervisory activities carried out shows state inspection labor, failure to comply with this duty is a fairly common violation.

Of course, the inspector is unlikely to fine you for this alone, but almost always there is something else, and then the inspectors apply administrative measures under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation - fine for executive from 1000 to 5000 rubles, for organization - from 30,000 to 50,000 rubles.

How to conclude an employment contract correctly and legally?

Time frame for familiarizing an employee with documents So, the employer familiarizes employees with the internal labor regulations and local regulations related to work activities before concluding an employment contract, and with the remaining documents (newly adopted or containing changes to existing ones) - after. But when? Indeed, over time, the norms of local acts and other documents directly related to the activities of the employee may change, and completely new documents may be adopted.

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

Recruitment. how to familiarize an employee with local regulations.

Info

For a sample sheet for employees to familiarize themselves with the employer’s legal regulations, see the “Useful Documentation” section on p. 27 magazines. 2. Draw up a special magazine to familiarize employees with the LNLA and collective agreement.

For an example of a journal for familiarizing employees with the employer’s legal regulations, see the “Useful Documentation” section on p. 27 magazines. 3. Compile a list of documents, which will subsequently serve as an annex to the employment contract concluded with the employee.
This application must contain a list of documents with which the employee is familiarized, familiarization visas under the name of each document listed in it, a handwritten date and number of the employment contract. For a sample appendix to an employment contract containing a list of legal regulations in force with the employer, which the employee is familiar with, 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, the employee must be familiarized with the internal labor regulations, collective agreement and other local regulations directly related to future activities. However, it is necessary to familiarize employees with the documents accepted by the organization during labor activity.

After reading the article, you will find out what documents the employee needs to be familiar with and within what time frame. Who should I familiarize myself with and with what documents? 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.

Familiarization with local acts (Suverneva A.I.)

Attention

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

4 tbsp. 5.27 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).

Familiarization with local regulations when hiring

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

The procedure for familiarizing employees with local regulations

We believe that job description, if it is an appendix to an employment contract, is an integral part of the employment contract, therefore, the rules on the procedure for concluding and amending an employment contract fully apply to its appendices. 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 given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

What local regulations must an employee be familiarized with?

Stage after conclusion For the current period, it is considered that the start date 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 drawing up a contract from the date of commencement of work.

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

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

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 evidence of qualifications and practical work experience (knowledge), if this is necessary for the specifics of the future job. In cases where the law has introduced restrictions on the ability to hold a position for persons with a criminal record, a certificate of absence or expungement of a criminal record is requested. General rules conclusion of an employment contract does not give the right to request such a certificate. A candidate for a position has the right to familiarize himself with future working conditions and make his wishes.

Labor and sanitary (if available) records.
Information about the amount of wages.
Information about the insurance experience and personalized information about the insured person.
Copies of acts, instructions and orders on the labor activity of the departing person.

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

Employment history

This is the main document about a person’s work activity and length of service. In case of delay in issuance, the employer may be fined up to 50,000 rubles.

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

Personal medical record

All workers associated with production, storage, transportation and sales food products, drinking water, raising and educating children, providing public utilities and consumer services to the population, are required to have medical books. Upon termination of an employment contract, the employer is obliged to return the medical book, even if it was issued at his expense. Detailed explanations about the personal medical record can be found in the letter of Rospotrebnadzor dated November 10, 2015 No. 01/13734-15-32.

2-NDFL

Contains information about the amount of income from the beginning of the calendar year and up to and including the date of termination of the contract. 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 more details, see Letter of the Ministry of Finance dated April 18, 2012 No. 03-04-06/8-118).

Salary certificate

Issued in the form approved by 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 information about the person being dismissed is indicated.

Report form

Certificate of insurance experience

Here you must indicate information about calculated, withheld and transferred additional insurance contributions for the funded part of the labor pension. This obligation is established Federal law dated April 30, 2008 No. 56-FZ.

Personalized data about the insured

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

The transfer of cases

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

design ;
transfer the cases that were in his work.

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

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 correctly” in the section “Resolving controversial situations” on p. 39 magazines.

Sample order for establishing additional payment for an increased amount of work

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

Sample design of a working day photo card (reverse side)

For more information about the use of these forms of documents, read the article by S. Mayorov “Establishing a technically justified time standard when changing the type of production” in the heading “Labor standardization. Piece rates” on p. 29 magazines.

An example of the design of a summary of one-name costs of work of time

Example of design of ba-lan-sa ra-bo-what-time

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

Samples of production accounting logs

Sample. Order O providing one free from work day V a week to prepare for writing a dissertation work
Employment contract, contract → Sample. Order to provide one day off from work per week to prepare for writing thesis

Ussuriysk August 15, 1997 order n 1. Viktorova Oksana Stanislavovna - accountant, provide one free from work day on a week to prepare for...
Sample statements employee O providing additional day rest for work on a non-working holiday
Enterprise records → Sample employee application for an additional day of rest for working on a non-working holiday
Sample registration order O providing day holidays without payment for work on a non-working holiday
Enterprise records → Sample of an order to provide a day of rest without pay for work on a non-working holiday
Sample. Order O providing additional vacations
Employment agreement, contract → Sample. Order for additional leave

order O providing additional mountain holidays Novgorod June 6, 1997 order n 1. Arkady Ilyich Slabov will be provided...
Sample order about the order employee additional work
Documents of the enterprise's office work → Sample order on assignment to an employee extra work

Limited Liability Company "Mir" order June 01, 2012 No. 35-k on combining positions I order: 1. to assign for the period from June 01, 2012 ...
Sample. Example order about transfer to another work within one enterprises
Employment agreement, contract → Sample. An example of an order for transfer to another job within the same enterprise

Example order about transfer to another work within one enterprises: order n "" 1996 city. Stavropol 1. Shevchenko vi...
Sample. Logbook for pre-trip inspections of drivers and pre-shift inspections of workers. Form No. 139-u ( order Ministry of Health of the USSR dated September 29, 1989 No. 555 (as amended on October 5, 1995))
Employment agreement, contract → Sample. Logbook for pre-trip inspections of drivers and pre-shift inspections of workers. Form No. 139-u (order of the USSR Ministry of Health dated September 29, 1989 No. 555 (as amended on October 5, 1995))

approved by order Ministry of Health of the USSR dated 09.29.89 no. 555 (as amended on 10/05/95) form no. 139/у logbook for pre-trip driver inspections...
Sample. Order O providing next vacation
Employment agreement, contract → Sample. Order to provide next vacation

order O providing another mountain vacation Novgorod June 15, 1997 order n 1. Pyotr Zakharovich Gavryuchenkov will be provided...
Sample. Order O providing maternity leave
Employment agreement, contract → Sample. Order on granting maternity leave

order O providing arr. mountains Moscow 12/13/97 order n 1. Semyonova Natalya Viktorovna, process engineer, pre...
Sample. Order about acceptance on work
Employment agreement, contract → Sample. Order for employment

Tambov August 14, 1994 order n 1) Ivanova I. And. accept on work engineer since August 15, 1994 2) install Ivanova and. And. salary in the amount of...
Sample. Exemplary order about removal employee from work
Employment agreement, contract → Sample. Sample order to remove an employee from work

Exemplary order about removal employee from work mountains Moscow October 13, 1994 order n 1. Vladimir Nikolaevich Marchenkov, ...