In each company, internal regulations must be approved, which all employees of the enterprise must follow. They are formed by the officials of the organization, after which they are approved by the management. This documentation must contain some mandatory information that characterizes the work of the enterprise. Each entrepreneur must understand what this document is, how it is formed, and who approves the internal labor regulations. In this case, problems with company employees, the union and the labor inspectorate can be avoided.
Concept of rules
The internal regulations are presented by a normative act, which is compiled separately by each enterprise. Therefore, its content may vary significantly across organizations. Features of the document include:
- the main purpose of creation is the regulation of labor relations in the company;
- the internal labor regulations are approved by the employer, and often in small organizations it is the director who is involved in their preparation;
- if a large organization has several branches and divisions, then the use of uniform rules or the preparation of separate documents for each branch is allowed;
- most of the information is devoted to the regime of work and rest for various employees of the enterprise.
During the preparation of this documentation, the requirements of the TC and the interests of the direct employees of the company are necessarily taken into account. Once the rules are approved, they are attached to the collective labor agreement.
Purpose of the document
Based on Art. 189 TC, the discipline of labor is represented by the rules of conduct for each employee of the company. This information is listed in the labor regulations.
The employer must, during the preparation of this documentation, provide employees with the necessary conditions for discipline. If the company does not have this document, then employees can easily violate labor discipline, as the employer will not be able to bring them to disciplinary liability. Difficulties will arise with the dismissal of workers who are constantly late or absenteeism, since there is no way to refer to certain provisions of the work schedule. Therefore, this documentation is really important.
How often are internal work regulations approved? Usually a document is formed for several years, but if necessary, you can make the necessary changes to it.
Legislative regulation
When drawing up internal rules, any company manager must take into account the requirements of the law. Therefore, it is important to study the provisions of the following regulations:
- Art. 189 and 190 of the Labor Code, where the nuances of compiling this documentation are given;
- GOST R 6.30-2003, containing the rules for the design of important documentation.
Each company can independently make certain changes to this documentation, so the rules can vary significantly from company to company.
Features of the compilation
Although the rules can be formed and approved in companies in different ways, you still need to follow some legal requirements. These include:
1. The internal labor regulations are approved only by the head of the company.
2. The requirements of norms and laws are taken into account.
3. The main purpose of creating this documentation is to strengthen discipline in the organization, therefore, its provisions should not contradict the direction of the enterprise and other specifics of workers.
If you competently approach the creation of this documentation, then it can improve the efficiency of use of labor resources or even become the reason for increasing labor productivity.
Who approves the internal labor regulations?
The creation of this documentation by the direct management of the company is initiated. Prior to direct approval, the document is submitted for consideration by the trade union organization and the meeting of shareholders, if the company has several owners. All these organizations must make sure that the rules created comply with the requirements of the law and do not violate the rights of workers.
The representative body studies the documentation within 5 days, after which a reasoned opinion is formed, drawn up in writing. It is transferred to the director of the company, and if there are controversial issues, the head can make changes to the rules.
Who approves the internal labor regulations? This procedure is performed by the direct manager of the enterprise. Representative bodies or other organizations have the right to appeal the decision of the director in court.
The procedure for approving internal labor regulations
The rules may be presented as a separate document or as an annex to the collective agreement in force in the company. For this, it is necessary that it be approved in advance by a representative body or council of employees.
It is important to know not only who approves the internal labor regulations, but also how this procedure is performed. To do this, the following actions are implemented:
- documentation is studied by the union or council of employees;
- rules are transferred for study to the head of the company;
- the director has the right to make his own adjustments;
- even if there are any objections from the representative body, the director can still decide to approve the rules.
If the director of the company for various reasons cannot approve the documentation, who approves the organization’s internal labor regulations in this case? The procedure can be performed by another person in charge of the company who has the necessary authority. He is usually represented by a deputy director. To transfer these powers, the head of the company must issue an appropriate order.
Rules for issuing an order
To introduce the rules, an order is issued to approve the internal labor regulations. This document indicates the main details of the company, information about the changes introduced and other important information.
The date and number of the order must be given, since with the help of these data you can understand when these rules are introduced in the company. Therefore, the head of the company should pay a lot of attention to the approval of the rules of the internal labor schedule. A sample of this document can be studied below.
What information does it contain?
In the process of developing these rules, certain mandatory information that must be contained in the documentation is necessarily taken into account. These include:
- name of the company in which the above rules apply;
- name of the document, as well as its registration number;
- date of formation of the rules;
- direct text represented by the rules that all employees of the enterprise must follow;
- a mark confirming that the text was agreed with the head of the company, representative body or council of employees;
- signature of the director of the organization;
- company seal.
Additionally, each organization may include other information as necessary. This is due to the fact that the basic requirements for the rules are advisory in nature.
Document structure
When drawing up the internal rules, it is advisable to adhere to an actual and convenient structure. It is advisable for company management to apply standard documents. The following sections are included in the text of the rules:
- The general provisions presented by the purpose of creating the document, as well as the employees who must follow these rules, are listed here. Additionally, an order is given on the basis of which employees are accepted or dismissed. The rules are listed on the basis of which the transfer of employees is carried out. The conditions under which specialists pass the probationary period are discussed.
- Rights and obligations of employees. In the process of drafting the text, it is important to focus on the provisions of Art. 21 shopping mall.
- Rights and obligations of the head of the company. For the proper preparation of this section, it is advisable to use the information from Art. 22 shopping mall.
- Work time. Here is information about the beginning and end of each working day. It indicates how many days a week the company operates. The positions of employees who work on the basis of irregular working hours are listed.
- Time relax. The duration and duration of lunch breaks or special breaks is given. Weekends and vacation features are listed.
- Incentives for company employees. It indicates the various incentives that may be given to employees of the enterprise. They are represented by different bonuses, bonuses or other types of relief.
- Responsibility of employees who in any way violate discipline in the enterprise. The disciplinary measures used are listed here.
- Other information. They can significantly differ in different companies, as they must take into account the specifics of each enterprise.
If the responsible persons of the company will adhere to this structure, then you can quickly make high-quality and meaningful rules.
Alteration
Each businessman should know who should approve the internal labor regulations, what information is included in this document, and how to make any adjustments to it if necessary. There are two ways to make changes:
- if the rules are introduced by order, then for their changes it is necessary to issue an additional order that cancels the past official order;
- if the rules are presented as a separate independent document, then the new version is approved by the company, after which the previous version is invalidated.
Often the rules are an annex to the collective agreement, therefore, this agreement will also have to be formally amended.
Conclusion
Internal regulations should be formed and approved in any company. They contain the basic requirements for discipline in the enterprise. During their compilation, it is advisable to use standard samples in order to maintain a convenient and relevant structure.
If the organization does not have this document, then the head of the company will not be able to bring employees to disciplinary liability for various significant violations. There are many ways to make changes to the documentation.