Internal labor regulations: who approves and puts into effect

Approval of internal labor regulations

The definition of PVTR and their role in the functioning of enterprises is described in Article 189 of the Labor Code of the Russian Federation. From the provisions of this article it follows that internal labor regulations are mandatory approved by each employer. This document regulates all aspects of work activities in the organization and is drawn up taking into account the specifics of its work.

There is no mandatory and legally approved sample PVTR, but this does not mean that every company should formulate rules from scratch and write whatever they want in them. There are two rules:

• The rules of internal technical regulations must comply with the law and cannot violate the guarantees that the Labor Code gives to workers.
• There are standard rules that can be used as a basis. They were approved by a decree of the Soviet State Labor Committee (No. 213 of July 20, 1984), but can be successfully adapted to a modern enterprise.

How and by whom PVTR are approved: step-by-step algorithm

Approval of rules is more than just a signature on the relevant order. It is preceded by the complex and interconnected work of many people. Let's take a step-by-step look at how labor regulations are approved: who does what at each stage.

• Who is involved
• What exactly does
• When?

The internal labor regulations are signed by the employer. At the same time, during the approval process, the signatures of other participants in the process are required: the trade union at the approval stage and the employee at the familiarization stage.

There is one more step that is not required by law, but may take place in companies where the union and management do not agree. If representatives of a trade union organization do not agree with the adoption of the rules, they can appeal the decision. To do this, they turn to the State Labor Inspectorate (sometimes to court) or initiate a collective labor dispute.

The procedure for adopting internal labor regulations

Article 190 of the Labor Code is devoted to the adoption of this local act. It says that internal labor regulations are approved by the employer, who must take into account the opinion of the representative body of workers. The approval process is also regulated by law, in Article 372 of the Labor Code.

Remember the requirements of Article 68 of the Labor Code. It talks about the mandatory familiarization of workers with local acts; this is an important stage in the adoption of the PVTR.

The procedure for approving internal labor regulations: 4 steps

1. Develop.
2. Approve.
3. Approve.
4. Familiarize yourself.

Let's look at each of them in more detail.

How and by whom PVTR are approved: step-by-step algorithm

Approval of rules is more than just a signature on the relevant order. It is preceded by the complex and interconnected work of many people. Let's take a step-by-step look at how labor regulations are approved: who does what at each stage.

The internal labor regulations are signed by the employer. At the same time, during the approval process, the signatures of other participants in the process are required: the trade union at the approval stage and the employee at the familiarization stage.

Features of coordination

Before approving internal labor regulations, the employer must obtain the opinion of representatives of the trade union organization. But some companies do not have a trade union or other representative body of workers. Who agrees on the internal labor regulations in this case?

The procedure is as follows:

1. If there is no trade union, the draft rules are sent to the workers' representative selected under Article 31 of the Labor Code of the Russian Federation.
2. If this representative is not there either, then the approval algorithm is processed without step 2.

It is not necessary to choose a trade union or representative body! It is enough to make a note in the rules in accordance with the requirements of Article 8 of the Labor Code of the Russian Federation.

There is a point in the issue of approval that concerns not so much compliance with legislation as production efficiency. The fact is that compliance with labor discipline directly affects all local employees. Therefore, it is important to take into account the opinions of representatives of all departments. This is not necessary, but it is advisable.

Features of coordination

Before approving internal labor regulations, the employer must obtain the opinion of representatives of the trade union organization. But some companies do not have a trade union or other representative body of workers. Who agrees on the internal labor regulations in this case?

The procedure is as follows:

• If there is no trade union, the draft rules are sent to the workers' representative selected under Article 31 of the Labor Code of the Russian Federation.
• If this representative is not there either, then the approval algorithm is processed without step 2.

It is not necessary to choose a trade union or representative body! It is enough to make a note in the rules in accordance with the requirements of Article 8 of the Labor Code of the Russian Federation.

There is a point in the issue of approval that concerns not so much compliance with legislation as production efficiency. The fact is that compliance with labor discipline directly affects all local employees. Therefore, it is important to take into account the opinions of representatives of all departments. This is not necessary, but it is advisable.

The experience of many companies has shown that if the internal labor regulations of an organization are approved by employees, then there are much fewer violations of discipline than where these rules were rudely imposed.

Who approves

The approval process for the document under consideration is reflected in Art. 190 Labor Code of the Russian Federation. The following sequence of actions is provided:

• the director draws up a draft of the Rules and sends it to the trade union, if there is one in the organization;
• the approval procedure lasts 5 days, after which management approves the PVTR. This is done by issuing an order. The document format is determined by the company.
• the order is registered in a special journal;
• responsible employees familiarize the staff with the developed rules.

It is important that familiarization is mandatory upon signature. The act becomes valid after the order has been created; the date may also be different. It must be reflected in the order.

The validity of the completed document is three years. This is the maximum period. Next is an extension.

When should PVTR be administered?

In matters of adoption of local labor rules, legislation gives employers some freedom. Only the presence of a PVTR is required, but there are no clear deadlines for approval and implementation. In particular, Article 68 of the Labor Code (Part 3) requires that all job seekers be familiar with the PVTR before applying for employment. At the same time, punishment for failure to familiarize is not provided for either in the Code of Administrative Offenses or in the Criminal Code.

Thus, the time of implementation is determined by the same person who approves the labor regulations - the manager. Or a person who, according to the Charter, is authorized to adopt local regulations.

From the point of view of inspections, this means that the main thing is to be in time before the commission comes to the company. We recommend adopting the rules as early as possible in order to familiarize all applicants with them when forming a staff. After all, an unfamiliar employee does not bear any responsibility for his work discipline. The same principle applies to changes.

Internal labor regulations are approved not only for regulatory authorities, but also in the interests of production. Therefore, there is no point in delaying this process.

How to apply for a PVTR?

Internal labor regulations can be drawn up:

• as a separate document;
• as an annex to the collective agreement.

The employer decides which option to choose. If PVTR are drawn up as an annex to a collective agreement, they cannot be put into effect until this collective agreement enters into legal force.

The law does not provide for a universal model of PVTR. The document can be prepared in free form, but when developing the act, the specifics of the company’s activities and structure are taken into account.

Is it necessary to approve local labor regulations?

Since there is no responsibility for failure to familiarize yourself, you can take your time with the adoption of this act, or even abandon it altogether. Some employers think so and are deeply mistaken. PVTR must be approved; for their absence, the State Tax Inspectorate imposes fines.

Until 2021, this requirement applied to all legal entities, but after the publication of Federal Law No. 348 of July 3, 2016, the situation changed a little. Micro-enterprises - companies that employed up to 15 people over the last year (Federal Law No. 209 of July 24, 2007) received relief. Such organizations do not have to adopt local regulations, but then it is necessary to conclude employment contracts of a special format: indicating local work rules in the text of the contract (Article 309.2 of the Labor Code).

Introduction to PVTR

All employees must be familiarized with the VTR rules. Familiarization is carried out at the stage of hiring a specialist until the signing of an employment contract. If the company has approved new rules or a previously approved act has been prepared in a new edition, it is necessary to familiarize employees with it during the work process.

Each employer can provide its own sample of familiarization with internal labor regulations. Confirmation of the fact of proper informing of subordinates can be:

1. presence of the signature of the person being read directly under the text of the rules;
2. the signature of the person being reviewed on a special familiarization sheet that is filed with the act;
3. affixing the employee’s signature to the LNA familiarization sheet, which is filed in a personal file.

Additional points in PVTR

Internal labor regulations: schematically

Rules are written in order to ensure compliance with labor discipline requirements in the organization and ensure a uniform procedure for interaction with all employees.

This document must reflect all the employer’s requirements aimed at increasing labor productivity and increasing profits.

At the request of the employer, the following information can be reflected in the company’s internal regulations:

• Dress code rules. Until it is registered in the PVTR, the employer cannot require employees to wear a certain appearance in the workplace, much less impose any penalties for non-compliance with the requirements. But if the dress code is included in the PVTR, then compliance with it becomes one of the responsibilities of employees, so it is possible to ensure a uniform regime throughout the organization.
• Additional staff costs. Many organizations provide their employees with additional health insurance and pay for cellular communications. These expenses must be indicated in the PVTR, then they will be taken into account when calculating taxes. The PVTR specifies in detail in what cases additional medical care is provided. insurance, what is the amount of compensation for telephone calls, etc.
• Video surveillance on the territory. It is also necessary to notify employees about it when becoming familiar with the PVTR. It is written down where and for what purpose the cameras are installed.
• Other sections ensuring interaction between the employer's employee. They reflect the availability of access control established at the enterprise, a probationary period for employment, requirements for non-disclosure of trade secrets, and much more.

A correctly drafted text of the PVTR allows you to fully regulate work with employees, and at the same time, every person in the organization will know and understand all their rights and responsibilities. This will prevent violations of discipline and will ensure order in the enterprise.

How often do employers approve PVTRs?

In Part 3 of Art. 68 of the Labor Code states that the employer is obliged to familiarize him with the PVTR before hiring an employee. It might be assumed that in such a case the rules should be issued before the first worker is hired. However, in practice this is problematic. For example, by the time the employee is hired, the trade union body may be in the process of being created, or an employment contract has not yet been concluded with the general director, who, in accordance with the employer’s charter, has the right to sign the PVTR. Also, the Code of Administrative Offenses of the Russian Federation does not contain the responsibility of the employer for failure to familiarize the employee with the rules of procedure.

Thus, the law does not imperatively regulate the period for adoption of the first PVTR. However, this does not mean that it can not be taken at all. It must be remembered that in addition to regulating the employee’s labor activity, this act is also adopted to ensure the interests of the employer. Until PVTR are accepted in the organization, it is impossible to hold the employee accountable for violation of labor discipline.

There is also no time limit for re-issuing or changing the rules. The employer has the right at any time - for reasons, for example, production necessity - to organize work to amend the PVTR or to develop new rules. In this case, the procedure provided for in Art. 190 and 372 TK.

In other words, the frequency of adoption and approval of PVTR is not determined by law - every employer is free to do this with any frequency as necessary.