Life in society requires adherence to certain orders. Certain standards of behavior are established in all areas of activity: study, work, leisure. Most public places and institutions for a specific purpose have their own internal rules, which are recorded in the relevant documents and are subject to execution by all: employees, visitors, customers. This article discusses the features of such rules: why are they needed, where are they fixed, who are they aimed at. Also, organizational issues will be considered on the approval, approval, amendment and cancellation of the internal regulations (AVR) in specific institutions or companies.
Definition and purpose
The internal regulations for the organization is one of the most important organizational acts, without which commercial activity turns into chaos, and supervisory authorities may have extra questions and sanctions. In companies, this document regulates the procedure for hiring, dismissal and relocation of employees, working hours and lunch breaks, incentives and fines applicable to employees, and other processes in the organization. If a person who has got a job in this organization has questions regarding the work procedure, payment of expenses for communication and transportation, the procedure for arranging vacations or any other question about the work process, the first source that can answer them is the internal rules.
With the help of this normative act, a clear mode of operation is established, most disputes are eliminated, and the flow of organizational processes is normalized. With it, you can avoid many unforeseen problems, the occurrence of precedent situations, downtime, unnecessary time, material and money costs. Together with safety regulations, this act provides a comfortable and secure workplace environment. And in some institutions, a clear statement of it may be a vital necessity. A striking example is the internal rules of correctional institutions.
Establishing routine rules
When hiring, each new employee is required to study the internal work schedule. It is necessary to do this before the employment contract is signed. It is this sequence of actions that labor law requires from both the employee and the employer. The organization must provide all the documentation necessary for familiarization with the workflow to the future employee before concluding the contract, since he must have an idea of ​​the organization’s activities and his responsibilities in order to decide whether this workplace meets his expectations and ideas.
In a company, the development of an internal work schedule should begin from the very first days of its existence. It may contain quite a lot of attitudes related not only to the legal part of the issue of commercial and labor activity. For example, the employer may decide to introduce into this regulatory act provisions on the ethical, moral, technological, coordination component of the functioning of the company. Naturally, all these norms cannot be illegal, oppress the constitutional rights of people working in organizations, and also contradict labor laws.
Form and content
The organization’s internal rules are developed taking into account the organizational form, field of activity and other determining moments of the company itself, and should also be based on a number of articles of the labor code. So, the main provisions on this document are indicated in article 189. The article describes the need for employees to observe labor discipline established by a number of regulatory legal acts, including the organization’s internal rules. The company must make every effort to implement and ensure this discipline. The same article of the labor code provides a detailed definition of the very concept of the labor schedule, as well as comments on this subject, which decipher the controversial sides of the issue.
In matters of design, legislation gives organizations some leeway. A specific established form of the document is not described. However, there are norms prescribed for organizational and administrative documents to which internal labor regulations and labor discipline must comply. These documentation requirements are presented in GOST R.6.30-2003.
There are several ways to apply for the Rules: to make a separate document, or an annex to a collective agreement. In any case, during registration, you should look at the eighth section of the Labor Code, which is called "Labor Schedule and Labor Discipline." Also, when preparing the part of the document containing the obligations of the employer, it is necessary to familiarize yourself with article 22, and a description of the duties of employees is set out in articles 100, 108, 109, 111 and 116.
Typical sections
Each individual organization must draw up its own document on the work schedule. It should be based on objective data on the scale of activity, the number of employees, the field of work, the specifics of the direction, as well as individual data that are important for the company. However, when developing a document at the initial stage, you can use the standard plan, with the following points:
- General provisions - this describes data on the activities of the company, the procedure for adopting a document, the rules for reviewing and making changes, and other data.
- Rights and obligations of the employer - a description of the working conditions guaranteed by the employer and measures to ensure a comfortable work process and labor discipline.
- Rights and obligations of workers - a section with information about the requirements for the behavior of participants in the organization’s workflow, including rules of conduct, safety rules, ethical standards, appearance requirements, cleanliness at the workplace, and respect for technical devices and machines.
- The procedure for hiring new employees, the transfer of workers between positions, the procedure for dismissal, internship, the duration and conditions of the probationary period. It also indicates the requirements for documents and employees.
- Working hours. This section contains information on the length of the working day, the work schedules of specialists in different directions, lunch hours, the duration of the holidays are set.
- Information about rewards for employees. In this section of the internal rules, you can find information about bonuses and incentives for employees. Under what achievements the employee receives a reward, in what form he receives it, how often. The preferred form of encouragement may also be indicated: a valuable gift, assignment of a rank (class, level, qualification), cash bonus, additional days of rest, and so on.
- Sanctions for violation of an employment contract and internal labor regulations. This section reflects information on liability for offenses, violations of the norms adopted at the enterprise, types of penalties, amounts of fines, rules for imposing and removing sentences.
The document may include other sections important to a particular organization. For example, if the organization has staff positions with a specific work specificity, it is desirable to describe their features. It is worth noting that the internal rules should cover the moments that are relevant for this company.
How to develop and harmonize PSTR
The procedure for the development and approval of PSTR is described in article 190 of the Labor Code of the Russian Federation. Internal regulations, orders and regulations are usually developed by the legal department of the organization. However, not all companies are developed to such a scale that they have a separate legal department or even one full-time lawyer. Many companies in the Russian market generally consist of two or three people who are already as busy as possible with the assigned functions, and they have no legal education or work experience. In this case, the company may involve a third-party specialist in the work. For example, contact the legal office, or find an individual entrepreneur providing such services. Consulting firms also deal with such issues.
If the company is very small, at the initial stage the development of the PTR can fall on the shoulders of the director, accountant or founder. Even a person without a specialized education will be able to use a standard copy of the rules of procedure and make adjustments necessary for the organization’s activities.
If the organization has a union, the developed document must be agreed with its representatives.
Order on approval of the rules of procedure
Any local regulatory act in organizations receives legal force only after signing by the head. The approval of the internal rules takes place according to the same scheme. At first, the document is agreed with all the stipulated persons (representatives of the trade union, heads of the personnel, legal department and other persons), then the order is drawn up and issued on the entry into force of the agreed document. The order must be signed by the director (general director), as well as all officials who participated in the coordination.
It is preferable to issue the order on the letterhead of the organization with the details, name, logo and other important information. It must contain the following data:
- name of legal entity, its legal form;
- legal address;
- date of entry into force of the agreed internal regulations;
- terms of familiarization of employees with the rules;
- details of the employee who is obliged to notify employees of the information in the PTR
- data controlling the execution of the employee’s order;
- data of the head of the company;
- Director's signature and date of compilation.
Validity Period
Legislation does not limit the duration of internal regulations. But in some situations, they can lose their relevance and lose legal force. Such events include the following:
- expiration of the period established by order;
- release of new rules that automatically override previous ones;
- the release of new legislative acts that change the requirements for the working conditions of workers and contradict the adopted internal rules.
The organization has the right to leave the internal rules without validity. If the opposite is necessary, the order for approval of the document must indicate the expiration date of its validity.
In most cases, it is more advisable to revise certain provisions of the document than to completely cancel it and release a new one. So, if there have been changes in the work schedule or the provision on holidays, it is enough to make adjustments in this section.
Making changes to a document
Time does not stand still, and at some point in the organization processes may arise that require its change: changes in the specifics, staffing, work schedule, list of departments and other aspects of activity. Changing the internal rules in this case may become an urgent need. To resolve this issue, a separate specialist from the company’s staff, a group of officials, or a third-party company or individual entrepreneur may be involved.
After preparing a new document, the director must approve it by appropriate order in any form. Also occurs with individual changes. If an organization has a union, it is necessary to coordinate innovations with it. He, in turn, is obliged to prepare a detailed answer within five working days. If the union answers yes, the document is accepted in its original form. If there are contentious issues, it is necessary to come to a compromise. Coordination with the trade union does not require the design of the rules as an annex to the collective agreement.
After the approval and release of new rules, it is necessary to familiarize all personnel with the changes that have entered into force.
Violation of the rules
Compliance with internal rules is the responsibility of all employees of the organization. In some cases, this document applies to other persons. For example, school rules. In an educational institution, not only employees, but also students must obey the established rules of behavior.
Violation of the internal regulations can cause serious problems in the organization, in society, in the team. Even a single violation can cause serious damage in a variety of areas of life and activity: social, legal, economic. Therefore, for the violation of the installations prescribed in this document, various sanctions are provided. Their nature and severity depend on the severity of the violation.
For various faults, the employee may be deprived of a bonus, fined, written out a reprimand, comment or claim, dismissed under the article with assignment of a negative characteristic. If the offense also concerns legislative acts, the employee may be held administratively or criminally liable.
PVTR in specialized institutions
PVTR is used not only in commercial organizations whose purpose is economic activity and profit. They are also in social, medical, educational, military, state institutions. Each of them applies its own set of rules of conduct that applies to both specialists working in the organization and clients, visitors, students, pupils, patients and other persons. Of particular importance are the internal regulations in prisons. In such organizations, discipline, regime, and compliance are very important. It is discipline that helps people to improve, to put their thoughts, feelings, emotions in order. Discipline brings up in a person not only the correct behavior under observation, but also the right thought process.
As far as medical organizations are concerned, internal rules are vital here. For people with various diseases, compliance with prescriptions is an integral factor in recovery.