Any enterprise, company or firm has among its documentation valid local regulations, which may be disciplinary rules, job descriptions or various provisions. A local act may relate to:
- to the category of generally established (mandatory) acts for any enterprise,
- to the category of acts voluntarily created by the employer.
Whatever the local regulatory acts of the organization, it is important that they exist within the framework of the law, that is, have no contradictions with the law. There is another characteristic feature of such a company document. The local act is binding on both the employer and his subordinates.
In this article we will consider all sorts of features of this variety of documents.
A local act is ...
It should start with the fact that the labor code of the Russian Federation (the fifth article of the Labor Code) regulates relations between the employer and the employee through labor protection, possible agreements and acts with labor law. Local acts of the organization with the labor law standards contained therein also regulate working relations.
A similar document is generally accepted for all employers. It complies with other documentation that contains similar criteria. This is evidenced by the eighth article (first part) of the labor code. However, a certain meaning is not assigned to the concept of “local act”:
- someone believes that these are local acts of the organization that contain multiple repetition of existing rules of conduct for employees and are established by their employer (this is an incomplete definition);
- the following meaning will be more correct and complete: “a document containing labor law norms that is adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, and agreements”.
Features of the document (local regulatory act)
- Possible changes in it are determined by the employer.
- The rules contained in the document do not contradict the law or the employment contract.
- It is approved in the form of instructions or regulations by the head-employer (fixed in writing). In some cases, when interacting with the organization’s union.
- An employee must be familiarized with this document, confirming this action with his personal signature.
- It has legal force from the day when it will be accepted, or another date written on paper.
- Terminates when it expires or in case of cancellation by the employer / court.
What documents relate to local regulatory acts of the organization?
The photo below shows a list of documents that are typical for most organizations and are local regulatory acts.
How are local acts of the institution accepted?
Each local regulatory act of an organization goes through certain stages. First, it is developed, then agreed upon, then approved, after which it only receives legal force and is put into effect.
A similar sequence of creation of such documents can also be established by a characteristic local act (for example, according to the existing regulation on the procedure for adopting local normative acts in the organization - a sample act is shown in the photo).
Stage of development of local regulatory acts of the organization
The document is developed directly by the working group of persons (or the executing person) that is specifically engaged in this activity (as designated by the management) on the basis of an order. This can be done either by a simple employee of personnel or the chief accountant, or by uniting the heads of departments.
Stage of approval of local acts
After development, the local act is necessarily in the process of coordination with other structural divisions or departments. At the same time, general comments, comments, consent / disagreement are reflected by employees on a separate special form.
The stage of approval of local acts of an institution (organization)
After the approval process, the document is sent for approval to the authorities.
Before making its decision, the manager must forward the project with justification to the trade union organization. This representative body on the part of employees has a maximum of five days for consideration and nomination in the reverse order of their written opinion on this local act.
If the union agrees with the proposed local act, then this document is put into effect.
If the union has not given consent, or provided, but taking into account some wishes, then the leader is obliged not later than three days (after receiving the answer) to organize additional consultations with the representative body in order to reach mutual understanding and make a decision.
School Local Acts
It is worthwhile to dwell separately on the documentation in educational institutions, which can independently create their own local regulatory framework from acts, because the Law on Education of the Russian Federation states that the charter of a general educational institution must have a certain list of local acts. But when creating additional documents that make additions to the existing charter (for example, these may be new local acts of the school), it is necessary to register them with the IFTS. Otherwise, there will be inconsistencies in the regulatory framework of the organization.
Local acts of a general education institution are legal and official legal documents. They are adopted in the proper sequence to regulate relations within the school activity, reflected in the charter of the organization.
Local school acts should reflect the following principles:
- They are created for a particular educational institution and operate, respectively, within the walls of one organization.
- They are official written legal documents containing all the required details.
- In the process of creating and introducing a local act, all subjects of the educational process are involved.
Types of local acts of a general educational institution
School documents, as well as local acts of the Dow (preschool educational institution) may be normative. Such documentation contains a list of certain rules and norms that must be observed without fail by all participants in the educational process. It is characterized by prolonged use over time. Such acts detail and supplement the legal norm for each individual school.
Individual local acts are also distinguished. As a rule, they are single and are used to consolidate a certain decision from a legal point of view.
What documents relate to local school acts?
Local acts of education are decisions, decisions, orders, instructions, rules, regulations and contracts. They reflect and regulate different aspects of the school. For information, the local kind of documentation has the same kind of documentation. Consider each document.
- Decisions: these local acts may be individual legal documents and regulatory. They reflect the decision of the governing body of the school.
- Decisions: the general meeting of employees adopts local legal acts. Such documents very often have the character of recommendations.
- Orders: such a document is issued by the director of an educational institution to solve the main tasks. For example, below, in the photo, a sample act is given - an order to approve the school’s internal rules.
The authorities that manage the school, with documents such as orders and orders, approve regulations, rules, instructions.
- Under the regulation, such a local document rises that defines the legal status of the governing body of an educational institution or school units or the main rules for using its powers.
- Instructions are local acts bearing imperative regulatory requirements. They establish the sequence and method of performing some action.
- Organizational issues, disciplinary and economic aspects of life govern the rules of the school.
How local regulatory acts should be drawn up
The labor legislation has not created specific requirements regarding the processing of such documents. But there is GOST R6.30-2003, which includes information on the necessary requirements that must be observed when creating and executing a local act. According to him, any document (except for the letter) is drawn up on a special form and contains the following information:
- full and abbreviated name of the organization (the name that is indicated in the constituent documents);
- capitalization of the name of the type of document after the name of the organization;
- date of approval and serial number of the act upon registration;
- an indication of the place of creation and execution of the document;
- availability of signature (s) of approval;
- Indication of application information at the end of the document
- compliance with the structure of the document, which includes all the necessary provisions (general, main part and final);
- sections (with number and title), paragraphs and subparagraphs are necessarily the content of the document;
- Mandatory page numbering is carried out in the middle of the top margin of the sheet (starting from the second page).
- Must have the stamp of approval of the organization’s management in the upper right corner. An approval can be presented either by a simple signature of the boss, or by a separately created order. Everything is certified by a seal.
Familiarization with the act of the organization’s employees
After the approval of the local regulatory act, it goes through the registration stage in a special journal and receives an individual number and an indication of the date from which it enters into legal force.
The management is obliged to familiarize with this act those employees whose activities are affected in this document in accordance with article 22 (part 2) of the labor code of the Russian Federation. The familiarization process is reflected on special fact sheets in the form of a separate appendix to the local regulatory act, and is also reflected in the familiarization journal.
How local acts are stored
All original acts must be stored in one place (office, reception or personnel department). Copying of documents occurs when the document is distributed among departments and structural divisions.
Such local documents have an unlimited shelf life in accordance with the list of standard administrative archival documents that are formed during the work of state bodies, local authorities and organizations.