What is the difference between an order and an order? Labor law is a very vast and complex field. Understanding even the basic terms and definitions here is not so simple. This article will tell you all about important categories such as order and order.
Basic concepts
Labor law today must be known not only to the employer, but also to the employee. This is indeed a very important, necessary and useful sphere, without which any official labor activity would not be without. Of particular importance in labor law are elements of managerial activity. Management is everywhere, in every large or small enterprise. The head is a person carrying out managerial activities, obliged to give employees various kinds of instructions. Moreover, they are all classified according to some criteria. However, the main types of instructions are orders and instructions. Many managers may have problems here. This is largely due to the fact that they do not quite understand what the difference between an order and an order is. This is what will be dealt with further.
Order: general description
Before talking about the main differences between the concepts presented, first it would be worth presenting a general description of each of the terms. It’s worth starting with an order. What is he like?
According to the Labor Code of the Russian Federation, an order is a specific legal act created by the head of an organization alone. An order is a way to solve basic work tasks and provide workers with work. Moreover, this form of the decree applies to absolutely all subordinates (and this is especially important to note). An order may be issued both in writing and orally.
If we talk about government bodies, then here the order is in the nature of a legal act. It is published directly by the head of government. Here, there is another form of the decree - the order. It differs from the order except in the fact that it is used only in military units on behalf of the commander.
Order: general description
Now it’s worth knowing what constitutes an order. This is a certain kind of directive, bearing the character of a legal act, which is issued by the direct head of the organization or by representatives of structural departments. The order is designed to solve the main problems and operational issues of the organization. In this case, the order may also be in the nature of an order, or rather, an instruction to convey this or that order to the right people. The order may apply to all, and only to some employees.
The form of instruction under consideration may be either oral or written. Moreover, most often the heads of various firms prefer to give just oral orders.
In government agencies, an order may be of a legal act with a limited duration. At the same time, only the narrow circle of persons can relate to the presented instruction.
Differences in Small Organizations
Finally, it is worth moving on to the most important question of whether there is at least some difference between an order and an order. Naturally exists. One could guess this even at the stage of characterization of each of these concepts.
In the interpretation of labor law (the Labor Code), several basic principles and approaches are highlighted, according to which you can try to contrast the two concepts presented, as well as give them a small comparative description. It should be noted right away that the difference between the concepts depends only on a particular enterprise. So, in small organizations, at least some difference between an order and an order is practically absent. It is worthwhile, perhaps, to note the fact that orders in small firms are considered as an indication of improving organizational activities, and an order as a decree on operational and methodological issues.
Thus, the difference between an order and an order at an enterprise having a small size is not significant.
Differences in medium and large organizations
Significantly changed approach in large and medium-sized organizations. So, unlike small enterprises, where only the head and deputy head can sign instructions, medium and large organizations provide the right to sign to representatives of structural organizations. It works as follows: the chief manager issues orders for all activities of the company (they are, in fact, guiding the entire work of the organization); the leaders of structural organizations are trying to issue various orders within their competence, but in accordance with the main order of the chief manager. Moreover, the effect of orders issued by department heads applies only to employees of a certain structure.
The difference between an order and an order in a budget institution, medium or large in size, is about the same. However, it is worth highlighting the main subspecies of the presented instructions:
- by personnel;
- on economic and administrative activities;
- by main activity.
Content Difference
Above, the main difference between the order and the order was indicated. In labor law, however, several other points are highlighted (and not just an indication of the functions of leadership). What exactly is it about?
It's about content. So, the text of any order should consist of two parts: a statement and an order. The first part provides basic facts, goals, events and tasks. The second part contains the deadlines and a number of specific actions. The text of the order does not have to be standardized. Moreover, this does not have to be a text (the order can be oral).
Thus, the question of what is the main difference between an order and an order (head, representative of the structural department, deputies, etc.) is very extensive and informative.
The difference in terms of issues
It is necessary to highlight another important difference between the order and the order. We are talking about a range of issues or tasks. The fact is that the substantive aspects of the two types of indications presented are very different. So, the order consists of two main parts: statement and order. The ascertaining part of the document includes all sorts of events, facts, tasks and goals. The administrative part, in a special way, reveals all these elements, and also contains a direct indication.
Things are completely different with the order. It may or may not be administrative in nature.
What is the substantial difference between an order and an order? In the Ministry of Internal Affairs and some other structures, for example, the following system exists:
- the duration of the orders is short, and the order is long;
- the order may terminate only after its execution, and the order - after its cancellation;
- to make changes to the order, the entire document will have to be reissued, in the case of an order this is not required, any modification or correction can be made right along the way;
- the range of issues in the order is limited to operational information, and at the disposal - to legal relations.
Regulations
Another important issue that would be worth mentioning is the document flow for each of the presented directions. By the way, at least some difference between an order and an order and an instruction of an administrative type cannot be found here. So, the employer, wanting to find definitions of the concepts under consideration, can find them in the FAS - Federal Archival Service. Oddly enough, in this collection the concepts presented are treated as synonyms. This is most likely due to the lack of differences between them in the legal field.
Why all this? The fact is that regulatory documents practically do not record at least some difference between the order and the order. That is why it is necessary to pay attention first of all to the practical component.