A normative legal act is a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, changing or abolishing legal norms. It has a generally binding state regulation of a permanent or temporary nature, designed for repeated use. There is a dependence of the form of an act on its normative content. Normative legal acts are adopted (issued) in the form of laws, decrees, resolutions, orders, orders, rules, instructions, regulations. The publication of normative legal acts in the form of letters and telegrams is not allowed.
The Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
The Code is a systematic legislative act, which contains the norms of any branch of law (for example, the civil code, the criminal code, procedural code).
The arrangement of legal norms in the code is made in the order reflecting the system of the given branch of law.
On the subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws are adopted that have direct effect on the entire territory of the Russian Federation.
On the subjects of the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws are issued and laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation.
Federal laws cannot conflict with federal constitutional laws.
Outside the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, republics of a territory, region, a city of federal significance, an autonomous region and autonomous regions carry out their own legal regulation, including the adoption of laws and other regulatory legal acts.
Laws and other regulatory legal acts of the constituent entities of the Russian Federation may not contradict federal laws adopted in accordance with parts one and two of this article... In the event of a conflict between federal law and another act issued in the Russian Federation, the federal law shall apply.
In the event of a conflict between federal law and a regulatory legal act of a constituent entity of the Russian Federation, issued in accordance with part four of this article, the regulatory legal act of the constituent entity of the Russian Federation shall apply.
According to Russian legislation, a law is a normative legal act adopted by the State Duma, approved by the Federation Council, signed by the President of Russia and promulgated in established order.
The main legislation of the Russian Federation is as follows:
- Code of the Russian Federation on Administrative Offenses
- Arbitration Procedure Code of the Russian Federation
- Civil Code of the Russian Federation (part one)
- Civil Code of the Russian Federation (part two)
The concept of regulatory documents
normative legal documentation preschool
A document is identifiable information recorded on a tangible medium, created, received and stored by an organization or an individual as evidence in confirmation of legal obligations or business activities. In this case, the most important characteristic of the document is - identifiability, provided by the presence of the relevant details.
Regulatory documentation is a set of documents regulating the activities of any enterprise or institution, maintaining its accounting and reporting documentation, as well as an archive. It includes federal and regional regulations that regulate legal aspect activities of enterprises and organizations of any form of ownership.
Regulatory documentation is required for:
Carrying out effective and orderly activities of the organization, implying the necessary responsibility;
Formation and documentary recording of organizational and managerial decisions;
Ensuring consistency of management and administrative activities; - ensuring the continuity of the organization's activities in emergency situations;
Compliance with the requirements of regulations governing the scope of the organization in all its manifestations.
It is legally established that documents and arrays of documents are objects of individuals, legal entities, the state and are protected by law along with other resources. In addition, documenting information is required condition including it in informational resources... To ensure the continuity of business, compliance with regulatory requirements and the necessary accountability of the organization, it is necessary to create authentic, reliable and usable documents, as well as protect their integrity for the required time.
A document has content, context and structure.
Structure is the appearance and arrangement of pieces of content.
Context is information contained in or accompanying a document.
The description of the mentioned document components is carried out in the form of so-called metadata, which also contains data related to document management. Distinguish metadata about: the document itself; principles and rules of management activities; persons participating in the process of documentation support of management; management activity and its processes; management documentation processes.
Document management - is defined as an area of activity that includes effective and systematic control of the creation, receipt, storage, use and selection of documents, including the processes of inclusion in the system and storage of evidence and information about the business and management activities of the organization.
Document management includes:
Adoption of the main organizational provisions, directions of development and standards in the field of document management;
Distribution of responsibility and authority for document management;
Establish and distribute detailed procedures and guidelines for document management;
Design, implementation and administration of specialized systems for document management;
Integration of document management into management systems and processes.
A document management strategy is based on the development and adoption of organizational fundamentals, development directions and standards, procedures and practices. The main organizational provisions, directions of development, standards, procedures and practice of document management should be adopted at the highest level of management decision-making.
The document management system should implement the following functions:
Incorporation of documents into the document management system;
Registration;
Classification;
Access and protection;
Storage and preservation of documents;
Use of documents, control of their movement and use;
Examination of the value of documents;
Selection of documents for storage or destruction.
The implementation of records management activities should be based on a specific regulatory framework. It includes various legal and regulatory acts passed by the legislative and executive bodies. state power federal level; state and international standards; interdepartmental and departmental, methodological materials.
Legal act - an official written document or action emanating from authorized public authorities or local government, which establish certain rules of conduct for participants in public relations
A normative legal act is a written official document adopted by a law-making body within its competence and aimed at establishing, changing or abolishing legal norms. In the Russian Federation and its constituent entities, regulations are issued in the form of constitutions, statutes, federal constitutional laws, federal laws, laws, codes, presidential decrees, government decrees, and chapters' orders.
A legal norm is a generally binding state regulation of a permanent or temporary nature, designed for repeated application.
The charter is a set of rules established by the state governing:
Legal status public education- charter of a constituent entity of the Russian Federation, charter municipality;
The legal status of an international organization is a form or an integral part of an international treaty;
The legal status of specific legal entities is a constituent document.
the federal law- a normative legal act adopted within the framework of the established procedure of the State Duma, approved by the Federation Council and signed by the President of the Russian Federation, on issues of exclusive jurisdiction of the Russian Federation or on issues of joint jurisdiction of the Russian Federation and its constituent entities, mandatory for all, having supremacy and direct effect throughout the territory RF.
Federal constitutional law - a federal law adopted on issues stipulated by the Constitution of the Russian Federation, by a qualified majority of votes of members Federal Assembly... Code - "collection of laws", a consolidated legislative act, which combines and systematizes the rules governing similar, homogeneous public relations... A by-law is a legal act of a public authority that has a lower legal force than a law, and is adopted on the basis of and in pursuance of laws.
The decree is the proper name for the most important acts issued by the head of state. It must not contradict the constitution and laws of the given state.
A resolution is a legal act of a number of bodies and officials. In the form of resolutions, the Federation Council adopts acts on issues of its jurisdiction and The State Duma Federal Assembly of the Russian Federation, Government of the Russian Federation.
An order is one of the types of bylaws (the President of the Russian Federation, the Government of the Russian Federation, ministries and departments), an act of a government or administrative body issued within its competence and having binding force for individuals and legal entities to whom the order is addressed.
An order is a legal document adopted by an authorized official in the manner of exercising one-man command.
Rules - the form of a normative legal act, which establishes the procedural rules that determine the procedure for the implementation of any kind of activity.
Instruction is a by-law issued by ministries, other central and local authorities government controlled within their competence on the basis of and in the implementation of laws, decrees, decrees and orders of the Government of the Russian Federation, acts of higher government bodies; a collection of rules governing production and technical activities.
Regulation - a normative act that determines the formation procedure, structure, functions, competence, duties and organization of work government body.
An instruction is a legal act issued by a governing body mainly on informational and methodological issues.
Regulation - legal - act. Determining the order of activity of management personnel, collegial or advisory body of government. Standard - normative document containing a set of norms, rules, requirements for the object of standardization.
The norms of law, prescribing, binding, prohibiting and others regulating the field of document management are part of information law- systems protected by the power of the state social norms and relations arising in the implementation of the processes of collection, accumulation, registration, transfer, search, storage, issuance and protection of documentary information.
So, the regulatory and legal documentation support of management is the most important component of all types and levels of management. Efficiency, timeliness, accuracy and completeness of information presentation are the basis for the quality of management decisions.
Regulatory and methodological base of office work
In light of the entry into force of the new GOST R 7.0.97-2016 on June 1, 2018, the regulatory and methodological regulation of office work should be considered.
Regulatory and methodological base of office work Is a set of laws, regulatory legal acts and methodological documents governing the technology of creating documents, their processing, storage and use in the current activities of the institution, as well as the activities of the office work: its structure, functions, staffs, technical support and some other aspects.
The regulatory and methodological base of office work includes the following:
- legislative acts of the Russian Federation in the field of documentation and information;
- decrees and orders of the President of the Russian Federation, decrees of the Government of the Russian Federation in the field of office work;
- normative legal acts federal bodies executive power regulating issues of documentation support;
- technical regulations and national standards in the field of management documentation;
- all-Russian classifiers technical, economic and social information;
- unified documentation systems; - regulatory legal acts issued by the management of institutions, organizations and enterprises.
The regulatory framework for office work in the Russian Federation is based on Federal legislation and GOST. The latter are the basis for the conduct of office work in organizations.
The original legal act defining public policy in the field of information and documentary exchange, is the Constitution of the Russian Federation. The Constitution of the Russian Federation says: "Everyone has the right to freely seek, receive, transmit, produce and distribute information by any in a legal way... ". This provision is developed in the most important legal act - the Federal Law" On Information, Information Technologies and the Protection of Information "dated July 27, 2006 No. 149-FZ. No less important are the provisions of the Federal Law No. 162-FZ "On standardization in the Russian Federation".
The Civil Code of the Russian Federation established legal basis not only the activities of legal entities, but also its documentation. A number of articles of the Civil Code establish requirements for the content of the charter and the memorandum of association, on the basis of which legal entities operate. RF Code on administrative violations envisaged administrative sanctions for violation of the rules of storage, acquisition, accounting and use archival documents.
The Criminal Code of the Russian Federation established criminal liability per misconduct with documents and information. A number of legislative acts of the Russian Federation (Laws "On the State Emblem of the Russian Federation", "On the electronic digital signature", "O trade secrets"," On archival affairs in the Russian Federation "," On accounting ", etc.) contains the norms that must be taken into account in the preparation, execution and storage of business documents.
The current legislation regulates the requirements for documents sent using various means of communication, including e-mail, the Internet, requirements for protecting information, giving documents legal force(officiality), etc.
Decrees of the President of the Russian Federation are among the normative actors regulating office work. We list the key Decrees related to the regulation of office work in the Russian Federation:
- Decree "On Approval of the Regulations on the Archival Fund of the Russian Federation";
- Decree "On approval of the List of information referred to state secrets".
Resolutions of the Government of the Russian Federation regulating office work I regulate various aspects workflow. The most important decrees of the Russian government in this area are:
- "On approval of the Rules for the provision of postal services";
- "On approval of the Rules for classifying information constituting a state secret to various degrees of secrecy";
- "About development unified system classification and coding of technical, economic and social information ".
Features of GOST R 7.0.97-2016
GOST, which entered into force on July 1, 2018, has a number of features that need to be considered in detail. So, the new GOST came into force in accordance with the Order of Rosstandart dated 05.25.2017 N 435-st "On amendments to the Order Federal agency on technical regulation and metrology of December 8, 2016 N 2004-st "On the approval of the national standard of the Russian Federation."
The new GOST is aimed at regulating the following aspects of document flow:
- the composition of the details of documents and forms;
- rules for their registration of details of documents and forms;
- types and samples of forms, layouts of details on business papers;
- rules for creating documents.
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Requirements for documents and work with them in accordance with GOST 7.0.97-2016 |
Innovations GOST 7.0.97-2016 |
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When creating a document on two or more pages, the second and subsequent pages are numbered |
Some details that were in the previous GOST R 6.30-2003 are not included in the new GOST R 7.0.97-2016. |
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Page numbers are put down in the middle of the top margin of the document at a distance of at least 10 mm from the top edge of the sheet |
New details have appeared, including: the name of the structural unit - the author of the document and the name of the position of the person - the author of the document. |
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It is allowed to create documents on the front and back sides of the sheet. When creating two-sided documents, the width of the left margin on the front side of the sheet and the right margin on reverse side sheet must be equal |
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Preferred typefaces and font sizes for document details are: Times New Roman N 13, 14; Arial No. 12,13; Verdana N 12,13; Calibri N 14 and those close to them |
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Paragraph indent of the text of the document - 1.25 cm |
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The text of the document is printed with 1 - 1.5 line spacing. If the document is being prepared for publication with a reduction in scale, the text is printed with two spacing |
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The text of the document is aligned to the width of the sheet (along the borders of the left and right margins of the document). The length of the longest line of the requisite with the angular arrangement of the requisites is not more than 7.5 cm. The length of the longest line of the requisite with the longitudinal arrangement of the requisites is not more than 12 cm |
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It can be provided that the "addressee", "heading to the text" or "signature" attributes, as well as individual text fragments, can be highlighted in bold. |
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Normative legal acts of the organization, as well as other multi-page documents, can be drawn up with a title page. |
Development of regulatory documents for preschool educational institutions
Competently documenting information and effectively working with documents is possible only with the normative regulation of technological processes for working with documents within an organization.
The main regulatory document for office work in an organization is an instruction for office work (or management documentation), which establishes uniform rules for drawing up, processing documents and working with them. Accordingly, we can conclude that this document should be developed in every organization, enterprise, institution.
Instruction for office work should be based on the current legislation in the field of documentation and information (i.e., on the regulatory and methodological base of office work) and reflect the specific features of working with documents characteristic of specific organization... In other words, we can say that the instruction for the organization's office work is always individual and takes into account all the features of both the composition of documents and the technology of their processing.
Before developing this manual, it is necessary to study the main legal acts and regulatory documents in the field of documentation and information, extract useful information from them, and also analyze the procedure for working with documents in a particular organization. When creating such an instruction, you can use Typical instructions on office work in federal executive bodies and take from it the structure and certain general points that are mandatory for any organization. Touching upon the structure of the clerical instructions, we can say that it should at least consist of three parts: general provisions, documenting management activities, organizing work with documents - and also contain applications.
In addition to the instructions for office work, the organization must also approve the regulation on the management documentation support, which establishes the status, functions, rights, duties and responsibilities of this structural unit, and the proper instructions.
The order of systematization of documents is fixed in the nomenclature of cases, which is used in the formation of cases, examination of their value, transfer to archival storage, and is a mandatory document for any organization.
Also, the organization may apply other documents regulating the work in the field of management documentation. As a rule, a separate instruction sets out the rules for working with restricted documents. Requirements for the preparation and execution of documents, for the texts of documents can be established by separate documents - the rules for the preparation and execution of documents.
Literature
- Basakov M.I. Modern office work: - M .: Rostov-on-Don Phoenix 2007
- Constitution of the Russian Federation
- New GOST R 7.0.97-2016: how to certify copies of work books from July 1, 2018, how to issue orders, how to stamp // Consultant Plus - URL: http://www.consultant.ru/law/hotdocs/49855. html /
- Rosstandart order of 05.25.2017 N 435-st "On amendments to the order of the Federal Agency for Technical Regulation and Metrology of December 8, 2016 N 2004-st" On approval of the national standard of the Russian Federation "
We begin a conversation about the regulatory legal acts necessary for the personnel officer in his activities. In this issue, we will consider national legislative acts.
An employee of the personnel service, first of all, needs to know the legislative and legal acts governing the organization of labor and registration of labor relations between the employer and the employee.
The first of them is the Constitution of the Russian Federation, Art. 37 which is dedicated to the right of a citizen to work and rest; the same article prohibits forced labor, proclaims the rights:
- to work in conditions that meet the requirements of safety and hygiene;
- for remuneration for work without any discrimination and not lower than the minimum wage established by federal law;
- for protection from unemployment; everyone who works under an employment contract is guaranteed the duration of working hours, days off and holidays, paid annual leave.
Undoubtedly, the main legislative act, which is constantly guided in its work personnel service, - it Labor Code RF.
However, in accordance with the Labor Code of the Russian Federation, the organization, when establishing labor legal relations, relies not only on the articles of the Labor Code itself, but also on other federal laws that touch on labor issues, presidential decrees, resolutions of the Government of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Federation, on the territory of which the organization is located, acts of local self-government bodies containing norms labor law.
Thus, the Law of the Russian Federation of 21.07.1993 N 5485-1 "On state secrets" determines the composition of information related to state secrets (Article 5 contains information that may represent it); Decree of the President of the Russian Federation of November 30, 1995 N 1203 approved the List of information classified as state secrets ( latest revision dated 09/26/2013).
By Decree of the President of the Russian Federation N 188 of March 6, 1997 No. the List of information of a confidential nature (last edition of 23.09.2005), which include “information about facts, events and circumstances privacy a citizen, allowing his identity (personal data) to be identified, with the exception of information subject to dissemination in the media in cases established by federal laws ”(clause 1).
A special chapter of the Labor Code of the Russian Federation (Chapter 14 - "Protection of personal data of an employee") is devoted to the protection of personal data, as well as Federal Law of July 27, 2006 N 152-FZ "On Personal Data" (last edition of 23.07.2013).
In Art. 11 of the Federal Law of July 29, 2004 N 98-FZ "On Commercial Secrets" (as amended on July 11, 2011) the issue of confidentiality of information within the framework of labor relations is settled; its provisions must be taken into account when applying for a position that involves working with confidential information, including with personal data.
Federal Law "On Information, Information Technologies and Information Protection" N 149-ФЗ dated 07/27/2006 (last revised on 12/29/2013) defines important for any personnel officer who uses Information Technology in working with personnel documents, concepts:
- information;
- Information Technology;
- information and telecommunication network;
- the owner of the information;
- access to the information;
- confidentiality of information;
- provision of information;
- Spread of information;
- electronic message;
- information system operator.
For organizations that have the right to place the image of the coat of arms on letterheads and seals, the Federal Constitutional Law of December 25, 2000 N 2-FKZ "On the State Emblem of the Russian Federation", as well as the Decree of the Government of the Russian Federation of December 27, 1995 N 1268 , use, storage and destruction of seals and forms with the reproduction of the State Emblem of the Russian Federation "(as amended on 12/14/2006).
The most important legislative acts affecting the documentation process include the Law of the Russian Federation of October 25, 1991 N 1807-1 "On the languages of the peoples of the Russian Federation" (last edition of 02.07.2013) and Federal Law of June 1, 2005 N 53 -FZ "On the state language of the Russian Federation" (last edition of 02.07.2013), which regulate the use of the state language in the preparation and execution of official documents. Recall that Art. 68 of the Constitution of the Russian Federation establishes: "the state language of the Russian Federation throughout its territory is Russian."
Considering that the personnel service has to deal with citizens' appeals, it is necessary to be guided by the Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation" (last edition of 07/02/2013), which determines what follows understand as an appeal, proposal, statement, complaint; outlines the requirements for the content written request: name of the addressee (state body or local government body) or position or position, surname, name, patronymic official, postal address to which a response can be given, the essence of the appeal (statement), personal signature and date.
Depending on the organizational and legal form of the enterprise, departmental affiliation, location during registration personnel documents take into account the special conditions established in the relevant legislative and legal acts, which must necessarily be in the employee who is in charge of personnel records management.
The organization of labor of transport workers, seasonal workers, employees working on a rotational basis, etc. has its own characteristics.
For personnel services serving state and municipal employees, the composition of the legislative legal acts necessary for the work is even wider.
Any employee who draws up an employment relationship should have the opportunity to familiarize himself with the above-mentioned regulatory legal acts, as well as with the legislation on social insurance, pension legislation etc. Therefore, a package of them (in paper or electronic form) should be in every HR department.
Methodical normative acts
Each personnel service in its activities is guided, in addition to legislative acts, also by methodological normative documents governing the procedure for performing individual actions (operations, records, etc.).
The most important place among such documents is occupied by regulations concerning work with work books, forms of work books (part 2 of article 66 of the Labor Code of the Russian Federation):
Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by the Resolution Of the Government of the Russian Federation of 04.16.2003 N 225 "On work books" (as amended by the Decree of the Government of the Russian Federation of 03.25.2013);
Instructions for filling out work books, approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69.
The registration of basic personnel documents has until recently been unified, and all Russian personnel officers in their activities were obliged to use the forms of primary documentation on labor accounting and remuneration, approved by the Resolution of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1. Currently, such an obligation is not provided for by law, however, in order to avoid errors and complaints during inspections, it is advisable to use them, having previously approved them by a separate order of the head or an appendix to the organization's accounting policy (Article 9 of the Federal Law of 06.12.2011 N 402-FZ "On Accounting").
GOST R 6.30-2003 establishes the general rules for the preparation and execution of documents in a unified system of organizational and administrative documentation with requirements for paperwork; applies to organizational and administrative documents: decrees, orders, orders, decisions, protocols, acts, letters and other documents included in OKUD (class 020000). All these types of documents are handled by the HR department.
The issues of storage, acquisition, accounting and use of archival documents are regulated by the Federal Law of October 22, 2004 N 125-ФЗ "On archival affairs in the Russian Federation", as well as "Basic rules for the work of archives of organizations" (approved by the decision of the Rosarkhiv collegium of 02/06/2002). The Basic Rules cover clerical issues (requirements for nomenclatures of cases, their types, the procedure for compiling, filling out, maintaining, the procedure for forming cases in the clerical work); organization and procedure for the examination of the value of documents in office work; the procedure for the selection of documents for destruction; preparation of cases for transfer to the archive - registration of cases (numbering, filing, additional registration of the cover, compilation of inventories, transfer to the archive), as well as issues of working with documents in the archive.
For personnel services commercial organizations, who do not transfer documents for state storage, but keep them at home, this document is indispensable for organizing an archive.
The personnel service of a joint-stock company must also have a Regulation on the procedure and terms of storage of documents joint stock companies, approved by the Regulation of the Federal Market Commission valuable papers of July 16, 2003 N 03-33 / ps (in accordance with Article 89 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies").
Since personnel officers often have to correspond with both organizations and individuals, send unclaimed documents, send congratulations, etc., it is recommended to have the text of the Rules for the provision of postal services, approved by Decree of the Government of the Russian Federation of 15.04.2005 N 221. В they set out the procedure for addressing correspondence, as well as the permissible sizes and weights of letters and parcels. It is also important to know the rules for the delivery of correspondence (sometimes the addressee, for whatever reason, tries to evade receipt), as well as the procedure for sending letters with acknowledgment of receipt.
It is advisable for a personnel officer to have an idea of \ u200b \ u200bthe norms of time or production provided for these types of work.
Exists a large number of normative documents containing norms of time for work performed by employees of the management apparatus, developed by the Central Bureau of Labor Standards (Intersectoral consolidated time standards for work on documentation support of management, approved by the Decree of the Ministry of Labor of the Russian Federation of November 25, 1994 N 72; Intersectoral consolidated time standards for work on recruiting and accounting of personnel. M., 1991; etc.). They are recommended for use in the management of institutions, organizations, enterprises, firms, regardless of ownership; they indicate the types of work with the definition of the norms of time for their implementation, the content of the work is described, the issues of the organization of work, the mode of work and rest, the rational equipment of workplaces, sanitary standards are highlighted.
Internal organizational and legal documents of the organization
In addition to legislative and regulatory and methodological documents, the personnel services of any enterprise are guided in their work by organizational and legal documents developed by the enterprise itself. Chief among them is the organization's charter.
According to civil law the charter as an organizational document is understood as a set of rules governing the activities of legal entities, their relationships with other organizations and citizens, rights and obligations in a certain area, economic or other activity. The charter legal entity approved by its founders (participants) and is subject to state registration according to established order. General requirements to the procedure for the preparation, registration and content of the charter of a legal entity are given in part one of the Civil Code of the Russian Federation.
The HR department must have an accurate understanding of the organization's objectives as written in the charter; The main goal of any HR officer is to provide the organization with highly qualified workers to perform these tasks in the best possible way.
In addition, the charters regulate the procedure for the appointment (selection) of managers and other issues related to the selection and placement of personnel. One of the copies of the charter must be kept in the personnel department.
The labor legislation of the Russian Federation provides for the presence in the organization of documents regulating social and labor relations. First of all, such documents include a collective agreement - a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer in the person of their representatives (Article 40 of the Labor Code of the Russian Federation). It can be concluded both at the level of the organization as a whole, and at the level of its separate structural divisions (branches and representative offices, which are geographically separated).
Forms, systems and amounts of remuneration;
Payment of benefits, compensations;
The mechanism for regulating labor remuneration, taking into account the rise in prices, the level of inflation, the fulfillment of the indicators determined collective agreement;
Employment, retraining, conditions for the release of workers;
Working hours and hours of rest, including issues of granting and duration of vacations;
Improving the working conditions and safety of workers, including women and youth;
Compliance with the interests of employees during the privatization of state and municipal property;
Environmental safety and health protection of workers at work;
Guarantees and benefits for employees who combine work with training;
Recreation and recreation of employees and their families;
Partial or full payment for workers' meals;
Monitoring the implementation of the collective agreement, the procedure for introducing amendments and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employees' representatives, the procedure for informing staff about the implementation of the collective agreement;
Refusal to strike if the relevant conditions of the collective agreement are met;
Other issues identified by the parties.
This list is advisory in nature and is not exhaustive. However, the Labor Code of the Russian Federation also contains a number of mandatory requirements to the content of the collective agreement. So, in accordance with Art. 9 of the Labor Code of the Russian Federation, collective agreements cannot contain conditions that reduce the level of rights and guarantees to employees, prescribed by law about labor. On the contrary, the collective agreement should establish additional benefits and advantages, more favorable working conditions. Requirements for the procedure for the development, adoption and implementation of a collective agreement are contained in Chapter 7 of the Labor Code of the Russian Federation.
The organization may also be subject to such a document as an agreement. This is a legal act establishing general principles regulation of social and labor relations and related economic relations, concluded between authorized representatives of employees and employers within their competence (Article 45 of the Labor Code of the Russian Federation). Unlike a collective agreement, an agreement is concluded at different levels of social partnership - federal, interregional, regional, territorial, sectoral (inter-sectoral), i.e. the agreement is concluded by employers united within the industry, region, territory. The employers 'interests in the negotiation of the agreement are represented by the employers' association, while the interests of the personnel are usually represented by the trade unions and their associations.
On the federal level general principles of regulation of social, labor and related economic relations are established by a general agreement. For example, the "General Agreement between All-Russian Associations of Trade Unions, All-Russian Associations of Employers and the Government of the Russian Federation for 2011-2013" (concluded on December 29, 2010, Minutes No. 11 of the meeting of the Russian Trilateral Commission for the Regulation of Social and Labor Relations).
The regional agreement establishes general principles for the regulation of social, labor and related economic relations at the level of a constituent entity of the Russian Federation. It is concluded between the associations of workers, employers and executive authorities operating in this region.
Sectoral (intersectoral) agreement defines general terms and Conditions wages, guarantees, compensation and benefits for workers in the industry (branches). The territorial agreement establishes general working conditions, guarantees, compensation and benefits for employees on the territory of the corresponding municipality.
When concluding agreements, the parties themselves determine the issues regulated in this document. In Art. 46 of the Labor Code of the Russian Federation gives only an approximate list of issues that may be included in the agreement:
Salary;
Labor conditions and safety;
Work and rest regime;
Development of social partnership;
Other issues determined by the parties.
Similarly to collective agreements, agreements cannot lower the level of workers' rights and guarantees provided for by labor legislation. The terms of validity of agreements, like collective agreements, cannot exceed three years, and the parties have the right to extend their validity once for no more than three years.
It is important to know that the agreement applies to “all employers who are members of the employers' association that has entered into the agreement. Termination of membership in an employers' association does not exempt the employer from fulfilling the agreement entered into during the period of his membership. An employer joining an employers' association during the term of the agreement is obliged to fulfill the obligations stipulated by this agreement. "
In cases where several agreements are simultaneously applicable to employees in accordance with the established procedure, the most favorable terms of the agreements apply to them.
The collective agreement and agreement are subject to registration. Within seven days from the date of their signing, these documents are sent by the employer, the representative of the employer (employers) for notification registration to the relevant labor authority. Sectoral (intersectoral) agreements concluded at the federal level of social partnership, interregional agreements are registered by the relevant executive authorities of the constituent entities of the Russian Federation, authorized to conduct federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, regional and territorial agreements. The laws of the constituent entities of the Russian Federation may provide for the possibility of vesting local self-government bodies with powers to register collective agreements and territorial agreements (Article 50 of the Labor Code of the Russian Federation).
The entry into force of a collective agreement or agreement does not depend on the fact of their notification registration.
When registering a collective agreement, an agreement, the relevant labor authority identifies conditions that worsen the situation of workers in comparison with those established in labor legislation and other regulatory legal acts containing labor law norms, and informs the representatives of the parties who signed the collective agreement, the agreement, as well as in the corresponding state inspection labor. The terms of the collective agreement, agreements that worsen the situation of employees are invalid and shall not be applied.
Control over the implementation of collective agreements and agreements is carried out by the parties of the social partnership themselves, providing each other with information on the fulfillment of the terms of the contractual documents. In addition, labor authorities monitor the implementation of collective agreements and agreements, conducting scheduled inspections and identifying cases of violation of the conditions established in these documents.
Collective agreements and agreements, as well as local regulations, adopted by the employer within his competence, establish the rules of conduct for employees during their joint activities.
To local regulations primarily include the internal labor regulations, which are usually an annex to the collective agreement. However, they can also be approved as a separate document. Art. 189 of the Labor Code of the Russian Federation defines the Internal Labor Regulations as a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and firing employees, basic rights, obligations and responsibilities of the parties employment contract, work schedule, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations with this employer.
Organizations develop internal labor regulations based on their specifics. As a sample, you can take the Standard rules of the internal labor schedule for workers and employees of enterprises, institutions, organizations, approved by the Resolution of the USSR State Committee for Labor in agreement with the All-Union Central Council of Trade Unions of 07.20.1984. They continue to operate to the extent that they do not contradict the legislation of the Russian Federation.
As in the collective agreement and agreements, the Internal Labor Regulations cannot contain conditions that worsen the situation of workers in comparison with those established by the Constitution of the Russian Federation, international acts, federal and regional laws, other regulatory legal acts, agreements, collective agreement.
In Art. 189 of the Labor Code of the Russian Federation also states that for selected categories employees are subject to statutes and discipline provisions established by federal laws. For example, the Regulation on the discipline of railway transport workers of the Russian Federation (approved by the Decree of the Government of the Russian Federation of 08.25.1992 N 621, as amended on 07.07.2003) applies to all personnel of railway transport organizations, regardless of their organizational and legal form. It imposes higher requirements for labor discipline, due to the fact that violation by employees of established rules can lead to serious consequences for other citizens.
Such charters and regulations are applied in all organizations falling within their scope.
The internal labor regulations are approved by the employer, posted in a conspicuous place, and all employees of the organization must be familiarized with them (Article 190 of the Labor Code of the Russian Federation).
Organizational administrative document, developed in the organization, in which all of its official and personnel composition is fixed, is the staffing table. As a type of document, it is a list of positions in an institution (organization) with an indication of their number and size of official salaries. Its purpose is to standardize the number of the organization's staff and the ratio of the number of specialists.
The staffing table establishes: structural divisions (names and code), professions (positions), number of staff units, salaries (tariff rates), allowances, monthly payroll. Thus, all positions of structural divisions and their number are fixed in the staffing table of the organization. It is signed by the head of the personnel department, the chief accountant and approved by an administrative document (most often by order).
The staffing table is a long-term document, however, if necessary, it can be changed and supplemented. Changes and additions are made by order of the head of the organization or a person authorized by him. On the basis of the staffing table, the personnel service selects employees for vacant positions, forms a reserve for nomination, organizes activities to improve the qualifications of personnel.
In addition, at the enterprise, the charter (regulation) on the organization provides for the preparation of such a document as "Structure and staffing". It fixes the composition of divisions (departments), the staffing of each department and the entire organization as a whole. Usually this document is approved for a year, and if changes are made to it during the year, they are carried out by order of the head. The content of the document is simple: it lists the names of structural divisions (departments) with their codes and indicates the number of staff. Its form can be free.
Everything legal regulations by work are divided into two large groups:
1) installed outside the enterprise (external documents)
2) established within the enterprise (internal documents, i.e. local regulations).
Moreover, the second group is based, complements, concretizes and improves, but does not violate the first.
| External documents ▪ Labor Code of the Russian Federation; ▪ federal laws; ▪ normative legal acts of federal executive bodies; ▪ labor agreements; ▪ laws of the constituent entities of the Russian Federation; ▪ acts of local self-government bodies | Internal documents ▪ labor contracts; ▪ orders and instructions of the management on labor issues and remuneration; ▪ internal labor regulations; ▪ staffing table of the enterprise; ▪ job descriptions and other similar documents; ▪ work books of employees; ▪ regulations and estimates for labor and wages; ▪ documents on certification of workers and workplaces; ▪ documents on labor rationing; ▪ documents fixing work time(timetable for starting work for a month and a report card of actually worked hours for a month); ▪ payroll (payroll, personal accounts of employees, payroll), etc. |
Let us consider in more detail some of these documents of labor law norms.
The main one is Labor Code of the Russian Federation... It is the main law governing labor and wages in the country. Now current code became the fourth in the history of our country. The first similar document was adopted in 1918, the second - in 1922, the third - in 1971, and the last code is valid since February 1, 2002
The Labor Code is a qualified source of Russian labor law, covering all the most important institutions. The Labor Code of the Russian Federation contains the basic norms of social partnership, labor agreements, work and rest time, rationing and remuneration, guarantees and compensations for workers, work schedule and labor discipline, material responsibility, and the specifics of labor regulation of certain categories of workers.
Modern labor legislation in Russia takes into account generally recognized principles and norms international law that are reflected in the conventions and recommendations The International Organization labor (ILO) ratified in the country.
A significant part of labor standards is reflected in various federal laws,regulations, orders, instructions and recommendations federal executive bodies.
1.http: //www.ohranatruda.ru - site "Labor Protection"
2.http: //www.tehdoc.ru - documents on labor protection
3.http: //www.tehlit.ru - literature on labor protection
4.http: //www.gost.ru - Gosstandart website
5.http: //www.government.ru - website of the government of the Russian Federation
6.http: //www.gosnadzor.ru - site of Rostekhnadzor of the Russian Federation
7.http: //www.gsen.ru - site of Rospotrebnadzor of the Russian Federation
8.http: //www.fss.ru - site of the Social Insurance Fund of the Russian Federation
9.http: //www.fireman.ru - site Fire brigade Of Russia
10.http: //www.safework.ru - Internet Academy Safe Labor
11.http: //www.asiz.ru/ - site of the Association "SIZ"
12.http: //www.brigbi.narod.ru - site of the Training and Methodological Center for Labor Protection
13.http: //www.kadrovik.ru - site of the National Union of Personnel Officers
14.http: //www.trud.org - site of Trade Unions of Russia
15.http: //ilo.ru/index_ru.htm - site of the International Labor Organization (ILO)
Labor relations in a market economy are based on the principle social partnership, implying a way of integrating the interests of various social strata and groups, resolving the contradictions that arise between them by reaching agreement and mutual understanding, refusal of confrontation and violence.
The system of social partnership is legally enshrined in Russia, and its functioning is carried out through a mechanism that includes mutual consultations, collective bargaining, joint work of the parties, etc.
The basis for the implementation of the principle of social partnership are:
Contract of employment Is a legal act that regulates social and labor relations and establishes general principles for regulating related economic relations, concluded between authorized representatives of employees and employers at the federal, interregional, regional, sectoral (inter-sectoral) and territorial levels of social partnership within their competence (Art . 45 Labor Code of the Russian Federation).
Depending on the scope of regulated social and labor relations, agreements may be concluded:
▪ general- establishes general principles for the regulation of social and labor relations and related economic relations at the federal level. Its participants are: 1) the all-Russian association of trade unions; 2) the all-Russian association of employers; 3) the government of the country;
▪ interregional- establishes general principles for the regulation of social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation;
▪ regional- establishes general principles for the regulation of social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation;
▪ sectoral (cross-sectoral)- establishes general terms of remuneration, guarantees, compensation and benefits for employees of the industry (branches). May include: a) a sectoral tariff scale with the value of inter-rate tariff coefficients; b) the types and minimum amounts of compensatory surcharges and allowances, taking into account the industry-specific production specifics; c) the basic conditions for motivating employees. A sectoral (intersectoral) agreement can be concluded at the federal, interregional, regional, territorial levels of social partnership;
▪ territorial- establishes general working conditions, guarantees, compensation and benefits for employees on the territory of the relevant municipality;
▪ other agreements- agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them.
Employment contracts are at the enterprise level. They can be collective and individual(labor contract).
Collective agreement- a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).
The collective agreement is concluded for a period no more than three years and comes into force from the day it is signed by the parties or from the day established by the collective agreement. The parties have the right to renew the collective agreement for a period not exceeding three years.
Attention! According to new edition Art. 43 of the Labor Code of the Russian Federation, a collective agreement can be renewed every three years, while earlier, based on the literal interpretation of the norm, the parties could renew the agreement only once. In addition, the Labor Code of the Russian Federation (Article 44) provided the parties with the right to independently establish the procedure for making changes and additions to the collective agreement.
The collective agreement applies to all employees of the organization, an individual entrepreneur, and the collective agreement concluded in a branch, representative office or other separate structural unit organizations, - for all employees of the relevant unit. The collective agreement remains in effect in cases of a change in the name of the organization, reorganization of the organization in the form of transformation, as well as termination of the employment contract with the head of the organization.
V collective agreement others include issues such as:
1) forms, systems and amounts of remuneration; payment of benefits, compensations;
2) the mechanism for regulating labor remuneration, taking into account the rise in prices, the level of inflation, the fulfillment of the indicators determined by the collective agreement;
3) employment, retraining, conditions for the release of workers;
4) working hours and hours of rest, including issues of granting and duration of vacations;
5) improvement of working conditions and labor protection of employees, including women and youth;
6) observance of the interests of employees during the privatization of state and municipal property; environmental Safety and health protection of workers at work;
7) guarantees and benefits for employees who combine work with training; health improvement and recreation of employees and their families;
8) partial or full payment for workers' meals;
9) control over the implementation of the collective agreement, the procedure for introducing amendments and additions to it, the responsibility of the parties;
10) refusal to strike if the conditions of the collective agreement are met;
11) other issues determined by the parties.
March 20, 2002 at the board of the Ministry of Labor and social development RF with the aim of assisting the heads of organizations and specialists, trade union bodies the layout of the collective agreement was developed. It is advisory in nature for the parties involved in the development and conclusion of the collective agreement (Appendix 1).
The level of rights and guarantees provided by the collective agreement, as a rule, is higher than the minimum labor standards established by the Labor Code of the Russian Federation, other acts of labor legislation. Benefits and benefits, more favorable than the working conditions established by laws, are provided for in collective agreements, depending on the financial and economic situation of the employer.
It must be remembered that collective agreements can not contain conditions that reduce the level of workers' rights and guarantees established labor legislation... If such conditions are included in the collective agreement, then they cannot be applied.
Currently, the collective agreement is not a mandatory document in the organization. At the same time, if workers have taken the initiative to conduct appropriate collective bargaining, the employer has no right to refuse them to conclude a collective agreement.
Individual labor agreement (contract)- an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and this agreement , pay the employee on time and in full wages, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations applicable to this employer (Article 56 of the Labor Code of the Russian Federation)
In this definition, it is easy to see the main features of an employment contract :
· The subject composition of the contract is distinguished by great requirements: only an individual can act as an employee.
· An employee as a party to an employment contract combines two qualities. He is both a person engaged in labor activity and a subject of law.
If the employee concludes labor contract, the employee is included in the employer's economic sphere, therefore, the employee's labor becomes an element of this sphere that ensures its functioning (for comparison: a contractor who has entered into a contract with the customer is not included in the customer's economic sphere).
· labor contract is of a continuing nature, i.e. the fulfillment by the parties of their obligations in relation to each other does not terminate the contract.
Labor contracts can be concluded (Article 58 of the Labor Code of the Russian Federation): 1) for an indefinite period; 2) for a specified period not exceeding five years (fixed-term employment contract).
The employment contract specifies:
▪ last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
▪ information about the identity documents of the employee and employer - an individual;
▪ taxpayer identification number (for employers, excluding employers - individuals not individual entrepreneurs);
▪ information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is vested with the appropriate powers;
▪ place and date of the conclusion of the employment contract.
Mandatory for inclusion in an employment contract are the following conditions:
1) place of work;
2) labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee);
3) the date of commencement of work, and in the case when a fixed-term employment contract is concluded - the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with Art. 59 of the Labor Code of the Russian Federation and other federal laws;
4) conditions of remuneration (including the amount tariff rate or salary (official salary) of an employee, additional payments, allowances and incentive payments);
5) working hours and rest hours (if for this employee it differs from general rules employed by this employer);
6) compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace;
7) the conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
8) a condition on compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and other federal laws;
9) other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
Today, no normative document has been established sample employment contract , although earlier it was approved by the Decree of the State Statistics Committee of the Russian Federation of December 29, 2000 No. 136.
Another internal document labor law is the staffing table.
Staffing table- This is an organizational and administrative document, which reflects the structure of the organization, contains a list of positions with an indication of their number and size of official salaries. Also, the staffing table reflects the amount of allowances and surcharges existing in this organization, in relation to specific positions.
The staffing table is drawn up on the basis of the organizational structure developed at this enterprise.
Today in Russia, in accordance with the decree of the State Statistics Committee of Russia dated 06.04.2001, No. 26, a single form is applied staffing table(Appendix 2).
The official document governing labor law is also employment history Is a document that contains information about labor activity and the length of service of the employee. The book is issued for each employee who has worked for more than 5 days at the enterprise at the place of main work. It also applies to seasonal, temporary, home-based and other workers, provided that they are subject to state social insurance.
V work book the following information is entered:
▪ about the employee, including his education, profession and specialty;
▪ about work, including hiring, transferring to another job, dismissal (all - with exact dates);
▪ about awards and incentives;
▪ on discoveries made by the employee, inventions used and rationalization proposals and remuneration paid in connection with this.
The working hours of the company's employees are planned and taken into account in documents such as shift schedule and .
Shift schedule (work) Is a planning document that sets the start and end times for each employee by day of the month. When building it, the planned working time of the month is taken as a basis, taking into account the rules of the internal labor schedule, which are approved by the administration of the enterprise in agreement with trade union organization(Table 1.1).
The basis for scheduling work is production calendar... The production calendar shows the norm of working time for months, quarters and a year as a whole for 40-, 36- and 24-hour work weeks, as well as the number of working days and days off for a five-day work week with two days off. Appendix 3 provides a production calendar for 2010.
Table 1.1 - Fragment of the schedule for the start of work of the employees of the sales area of the store
on the November
month
| 1. Ivanov N.I., seller I cat. | 2. Kruglova AS, seller of II cat. | 3. Petrova VA, seller of II cat. | 4. Sidorov GM, seller III cat. | |
| 01.11 Sun | 9 45 –18 45 | 9 45 –18 45 | V | 10 15 –19 15 |
| 02.11 Mon | 10 15 –19 15 | 9 45 –18 45 | 9 45 –18 45 | V |
| 03.11 Tue | V | 10 15 –19 15 | 9 45 –18 45 | 9 45 –18 45 |
| 04.11 Wed | 9 45 –18 45 | V | 9 45 –19 15 | |
| 05.11 Th | 9 45 –18 45 | 10 15 –19 15 | V | 9 45 –18 45 |
| 06.11 Fri | 10 15 –19 15 | 10 15 –19 15 | 9 45 –18 45 | V |
| ….. | …… | …… | …… | …… |
| Total |
To record the worked time of the employee, time sheet... Such a document is filled in daily by the head of the unit (department, section) at the end of the working day according to the actual working time of each employee (Table 1.2).
Table 1.2 - Fragment of the timesheet for employees of the sales area
per November
month
| Full name, position | Sun | Mon | W | Wed | Th | Fri | Sat | Sun | Mon | W | Wed | Th | Fri | Sat | Sun | Total | |
| 1. Ivanov N.I. | V | V | V | V | … | ||||||||||||
| 2. Kruglova A.S. | V | P | V | V | V | … | |||||||||||
| 3 Petrova V.A. | V | V | V | 8,5 | 8,5 | V | 5 | 8,5 | V | B | … | 134,5 | |||||
| 4 Sidorov G.M. | V | V | V | V | … |
Note. The report card contains the following abbreviations:
B - day off; B - sick leave;
12 - overtime work; 5 - work on the day off.
P - absenteeism (failure to appear for no good reason);
V last years in the country, work is underway to unify labor documents. Appendix 4 provides a unified form employee vacation schedule, which is also an internal normative act governing labor relations.
Ostapenko, Yu.M. Labor economics: Tutorial[Text] / Yu.M. Ostapenko. - M .: INFRA-M, 2007.S. 79-80
Vladimirova, L.P. Organization, regulation and remuneration of labor at the enterprises of the industry (trade): Textbook [Text] - 2nd ed. / L.P. Vladimirova. - M .: Publishing House Dashkov and K °, 2006.S. 17-27
Http://www.quickdoc.ru/dogovor/trudovye_dogovory/?referer1=google_dogovor