The Regulation on the Commission for the Settlement of Conflict of Interest is always adopted at a meeting of employees. This document allows you to quickly solve any problematic situations that arise between employees of the team.
General content
The Regulation on the Commission for the Settlement of Conflicts of Interest in the school is being developed on the basis of the Decree of the President of the Russian Federation (No. 309 of April 2, 2013), the Federal Law “On Combating Corruption”. It determines successively the specifics of the activity of the conflict commission.
The regulation on the commission for the settlement of conflicts of interest in an institution is based on the Constitution of the Russian Federation, federal laws, and other regulatory documents that are used in the country.
Task of creating
The Commission assists the educational institution in resolving conflict issues that lead to serious harm to the legitimate interests of employees, organizations, and society. The teacher, turning to the commission, expects help in resolving the conflict and restoring its legal rights and interests.
Education Algorithm
The Regulation on the Commission for the Settlement of Conflict of Interest determines the procedure for its creation.
- By order of the director of the institution, the composition of the commission is determined and approved.
- Its members are vested with equal rights in making an important decision.
- At the time of the compelled absence of the chairman of the commission (in case of illness, when traveling on a business trip, vacation time), his duties are imposed on one of the members of the commission. He is chosen by the chairman or members of the commission.
- The powers are exercised directly by the members of the commission; their transfer to other persons is not allowed.
Operating procedure
The Regulation on the Commission for the Settlement of a Conflict of Interest includes information regarding the sequence of its activities. The basis for the next meeting is the receipt of a statement from one of the organization’s employees.
The Regulation on the Commission for the Settlement of a Conflict of Interest contains a clause which indicates that with the personal interest of one of its members at a meeting, the issue of removing him from the group is decided. The commission does not consider anonymous communications, administrative offenses and crimes. Her responsibilities do not include verification of violations of official regulations.
Duration of consideration
The Regulation on the Commission for the Settlement of Conflict of Interests at the enterprise regulates the actions of its chairman. After receiving the information, he is obliged to make a decision on the procedure for checking it within three days. It passes within a month after a decision is made to begin its implementation.
If the commission receives information about the employee’s personal interest that could lead to a conflict of interest, the chairman immediately informs the head of the educational organization of such a fact. He must take measures to prevent conflict, tighten control over the employee's performance of his duties.
The Regulation on the Commission for the Settlement of a Conflict of Interest in the DOE allows for the removal of an employee from performing his official duties for the duration of the consideration of the conflict, its resolution.
Work specifics
The director of the educational organization at the written request of the chairman of the conflict commission is obliged to provide additional information that is necessary for its successful work. Inquiries can also be made to other organizations and bodies to clarify certain information.
What other items does the clause on the conflict of interest settlement commission include? In the administration of any educational organization there is such a commission, place, time, date of the meeting is determined by the chairman.
The duties of the secretary include solving organizational issues that relate to the preparation of the meeting of the commission.
It is he who informs its members, other participants in the meeting about the place, time, date, as well as those issues that are related to the preparation of the meeting. The term for informing is not later than seven days before the immediate day of the meeting.
A meeting of a commission shall be recognized as competent if at least two thirds of the total number of its members are present at it. If they have a conflict of interest when considering issues that are included in the agenda, they shall inform about this before the immediate start of the commission meeting.
The Regulation on the Commission for the Settlement of Conflicts of Interest in a university, school, or other organization does not imply the participation of such a member in the consideration of such a question.
The nuances of work
The employee is present at the meeting of the commission. If he does not have the opportunity to do this for a good reason, officials, representatives of various interested companies (organizations) are invited to the meeting.
During the meeting, the employee gives an explanation of the essence of the issue on the agenda. The commission has the right to additionally invite other people, to listen to their written or oral explanations.
The members of the commission and those persons who participate in the meeting shall not have the right to disseminate information that became known to them as part of the work of the commission.
How to make a decision
Based on the results of the consideration of information, the commission has the right to make one of several decisions:
- to establish that in the analyzed example there are no signs of personal interest of the employee that can lead to a conflict of interest;
- identify the presence of a personal interest that causes conflict.
In the second case, the commission should give recommendations that are aimed at resolving or preventing a similar situation.
A decision is made by voting. If the number of votes is equal, the vote of the chairman of the conflict commission shall be recognized as decisive.
Any decision must be in the minutes. All members of the commission present at the meeting sign it.
The regulations on the commission for the settlement of conflicts of interest in the hospital are formed taking into account the legislative norms of the Russian Federation. It is governed by the relations between the employees of this institution.
Note that all decisions taken by the commission are advisory in nature. They indicate information about the employee, because of which the commission was created, lists all the persons present at it, the results of the vote.
A member of the conflict commission who does not agree with its decision has the right to a written statement of the reason for his disagreement. Such notes are attached to the final minutes of the meeting.
A copy of the decision is handed over to the director of the organization, the employee, as well as other persons who are interested in the matter in question within three days.
A version of the Regulation governing the creation, operation of a conflict commission is presented below. Any decision that is made at a meeting of the commission, the employee has the right to appeal in the manner established by the legislation of our country.
The director of the educational organization, who learns about the employee’s personal interest that can lead to a serious conflict of interest, is required to take measures to prove or prevent such a situation when proving the fact as part of the work of the conflict commission. For example, he has the right to remove an employee from his post for the period of the commission.
The option of drawing up a document of the conflict commission
What does it include:
- In their work, members of the commission are guided by the Constitution of the Russian Federation, federal legislation, and other normative acts.
- The main objective of the work is to consider issues that are directly related to the prevention and elimination of conflicts of interest.
- A commission is created by order of an educational organization.
- The composition is approved by order of the director.
- The commission has a chairman, his deputy, secretary, as well as ordinary members. All are endowed with equal rights.
- In the absence of the chairman of the commission at a certain time period, his rights shall be exercised by the deputy.
- A meeting is appointed when a statement from an employee of the organization arrives at it.
- A written application is submitted to the commission, according to which a direct check is carried out.
- The decision made by the commission shall be communicated to the employee, the employer.
The labor legislation of our country is designed in such a way as to fully protect the interests of labor employees. In any educational and medical organization, there are conflict commissions, whose members help employees to defend their interests within the framework of labor relations.
An employee who has written to the conflict commission is invited to its meeting. He has the right to invite other persons who will help him to render the situation described in the appeal.
In order for the decision of the commission to be recognized as competent, it must be more than half of its composition. If the employee does not agree with the announced decision, he can appeal to other bodies: the prosecutor’s office, the court.