Local regulations of the employer - let's understand the nuances

Charter

The charter is a legal act that regulates the formation of an organization, its competence, main functions, working conditions and tasks. Essentially, it is a set of rules that governs the activities of any organization, society or citizens.

When a legal entity is formed, the charter must be approved by a group of its founders and must be registered in accordance with the law. It is the main document in the activities of organizations of absolutely any legal form of ownership and regulates their relationships with other organizations or individuals, and also establishes their responsibilities and rights within the scope of their activities. The charter refers to the mandatory internal documents of the organization.

The content of the charter must comply with the requirements of current legislation. The charter must include:

• name and type of enterprise;
• his postal address;
• purpose and direction of activity;
• the procedure for the formation of the authorized capital and distribution of profits;
• other aspects of activity.

Requirements for the preparation of organizational documentation

In the modern realities of the existence of organizations, there are uniform standards and requirements for the design and preparation of documents. There are many domestic and generally accepted international standards. The uniform details according to which documentation is drawn up are related to the creation, approval and confirmation of documents.

There is such a thing as a unified documentation system, according to which all documents must be drawn up according to a single template. Each organizational document described above has its own sample form.

The designated structure of the Charter, regulations, rules and staff documents is mandatory for completion in exactly this form, with the exception of the Bank Charter, which, according to the Federal Law “On Banks and Banking Activities” must contain not only the name of the bank and its details, but also a list of banking operations .

Other documents are in turn regulated by articles of the Labor Code of the Russian Federation. For example, internal regulations (Article 189), or instructions, the creation of which involves many legal clarifications. For example, the instructions must be agreed upon with a professional lawyer, and after approval by the company, they must be brought to the attention of the employee against signature.

Since most of these documents are essentially legal acts, their correct execution is the only correct condition. Otherwise, the manager may be held legally accountable for the violation.

Organizational documents are part of the civil and administrative sphere of the company’s activities, and therefore are strictly binding on both employees and managers.

In this video you will learn about document flow in office work:

Staffing and headcount

A document fixing the names of departments, available positions and the number of units in the staff is called the staffing level. Like the regulations, the staffing level is unified in the system of organizational and administrative documentation. It must also be issued on a general form. The staffing level has a visa from the chief accountant of the enterprise, the inspector of the personnel department, the direct manager and must be certified by a seal.

Other internal and external documents of the organization will be discussed below.

A document fixing the positions and number of employees at an enterprise, as well as the payroll, is called the staffing table. The document form has a unified name T-3 and is a table containing job titles, tariff rates, salaries, allowances and other information. The preparation and approval of the staffing table is the responsibility of the chief accountant of the enterprise.

What other internal documents of the organization exist?

Job Descriptions

These are regulations that define the rights and obligations of the organization’s employees, the scope of their activities, and the scope of responsibility. They occupy a special place in the structure of internal documents of the enterprise. It is on the basis of job descriptions that a contract with an employee is developed and concluded. Thus, it is the employment contract and staffing table that are used to resolve a conflict situation between the employee and the employer if it arises.

The development of a job description is the responsibility of the HR department inspector, then it is agreed with the legal department and certified by the manager. Any change that is significant must be made by order of the director. This is required by the organization's internal regulations.

Labor documentation

The list of mandatory labor documents includes:

1. Documentation specifying the staffing schedule. You can create a standard format;
2. Rules clarifying internal regulations in accordance with Article 189 of the labor legislation;
3. Documentation clarifying the position of remuneration for labor activities in accordance with Chapter 21 of labor legislation;
4. Documentation on regulations on labor activity in accordance with Article 212 of the labor legislation;
5. List of documentation on labor activity in accordance with the characteristics of labor relations (according to Article 212 of labor legislation);
6. Labor agreements in accordance with Article 57 of the labor legislation, including a written agreement with the director);
7. List of specifications and job vacancies in accordance with Articles 221, 223, 222 of labor legislation with mandatory instructions for each type of work;
8. Instruction on labor protection in accordance with the current resolution 1/29;
9. Documentation clarifying insurance premiums for accidents and the acquisition of an occupational disease in accordance with Article 212 of the labor legislation;

All production activities must be properly registered. Based on current legal acts, all private and commercial companies, as well as firms, must have a charter and regulations, additional instructions. This is organizational documentation. This is a necessity for every institution.

Organizational documents actually regulate the functionality and tasks of the company’s structural divisions. That is, work activities are organized here, rights and obligations are fulfilled, and management responsibilities are regulated. This is internal documentation, the specifics of which must be followed in full.

Acts

These are internal documents reflecting certain events or facts and compiled by several persons.

These documents are drawn up in various situations, therefore they have a huge number of varieties: these are acceptance acts, write-off acts, commercial acts. Must be compiled by a permanent commission or a commission appointed by the head. They are drawn up on the general form of the enterprise (if they are internal), must have information about the organization (if they are external).

The acts consist of two parts. In the first, they contain information about the subject and basis of the drafting, and the members of the commission. The second contains direct information about the work carried out by the commission and its results.

Signed by all members of the commission. If the act carries any material or financial burden, it must be approved by the manager and certified with a seal.

If the act affects the activities of other structural units or officials, then the latter must be familiar with it. Internal regulatory documents of an organization are often requested by inspection authorities.

Acts concerning important issues in the activities of the organization (reorganization, inspection, audit) must be stored on an ongoing basis. Less important ones must be stored for five years.

Protocols

Record the progress of meetings and conferences, issues discussed at them and decisions made. The order of organization of internal documents must be observed.

As a rule, the minutes of meetings and sessions are kept by the secretary by taking notes or stenography. Includes the main points of the speakers and draft decisions on the issues raised. It is drawn up on the general letterhead of the enterprise indicating the name of the event being recorded, the date of its holding, a list of participants and a serial number.

The protocol consists of an introductory part (the chairman, secretary and officials present, as well as the agenda are indicated) and a main part (includes sections corresponding to the agenda, descriptions of speeches and a resolution - decision).

The list of internal documents of the organization also includes acts on damage to property, shortages, damage or violations during transportation. These must be drawn up on company letterhead without any corrections or erasures.

Who should register documents?

If the organization conducts office work centrally, then all documentation is registered in the preschool educational institution service. With a mixed form, it is necessary to clearly define which unit and which employee is responsible for registration, as well as establish a list of documents to be registered.

Some internal documents (orders on core activities, memos, reports, etc.) are registered by the records management service. Minutes of meetings - at the place of creation by the person responsible for organizing the event. Internal documentation of structural units is registered in the structural units.

SOURCE: https://naar.ru/articles/registratcionnye-formy-dokumentov-obiazatelnye-rekomendovannye-proizvolnye/

Reports, official, explanatory notes

Office and memos are documents that are addressed to the head of an enterprise or any department (in rare cases, to a higher authority). Contain information on any issue related to the activities of the enterprise or officials, proposals or conclusions.

A memo is an element of internal correspondence. Drawed up if the issue between departments cannot be resolved orally. If necessary, get approval from the manager. It can be compiled either in handwritten or printed form.

The memo must have a title and body text that reveals the essence of the event that gave rise to its preparation, as well as conclusions and proposals. The date is the date of composition. It must be signed by the originator, and if sent to higher authorities, also by the head of the organization.

Internal notes relating to the activities of the enterprise and sent to higher authorities are stored permanently, and internal control documents of the organization are stored for five years.

Explanatory notes are drawn up in any form and contain information on labor relations. As a rule, they contain information about the reasons that led to any violations. Depending on the importance, they are stored from one year to five years.

What are local regulations (LNA)

Local regulatory documents are rules that are created and approved within a strictly defined business entity to regulate the relationship between the administration of the company and its hired personnel.

In order to improve the working conditions of workers, protect their activities, and use labor resources as efficiently as possible, local regulations containing labor law standards are drawn up.

If necessary, these documents help resolve disputes with employees and avoid situations where the organization may be subject to appropriate liability measures.

Local regulations are developed on the basis of the provisions of laws and cannot contradict them. If they worsen the situation of persons working at the enterprise, then they are invalidated either within the specified framework or completely as a whole.

The procedure for the development and adoption of local regulations is determined by law in connection with the importance of these regulations. They are created, as a rule, by specialists in various fields of activity - economists, lawyers, personnel officers, etc.

Many people often confuse an organization’s internal regulations with personnel documentation. However, there is a significant difference between them.

Attention! HR documents only record and take into account events occurring at the enterprise, and local norms regulate the relationship between the company administration and hired personnel.

For example, employee time sheets or log books are not local regulatory documents.

Inquiries

These are internal documents that describe and confirm facts and events. The most frequently used certificates at an enterprise are certificates of wages and confirming the fact that an employee works at this enterprise. At his request, the organization is obliged to issue him such a certificate.

Often, an enterprise uses formalized certificate forms to speed up the process of their preparation and subsequent issuance.

The certificate must contain information about the employee to whom it is provided, his position and salary. It must have the date of compilation, signatures of managers, and the seal of the enterprise.

A separate type of certificates are certificates on production topics, which can be provided upon request from management. These are drawn up in two copies: one is provided to the addressee, the second is attached to the case.

Accounting for internal documents of an organization must be strict.

What does a set of occupational safety documents consist of?

Documents on labor protection at the enterprise are:

• orders, • journals, • instructions, • cards, • regulations, • programs, • protocols, • lists, etc.

They display the organization:

• all types of OT training; • access of personnel to perform work; • equipment condition monitoring, • medical examinations; • certification of working conditions; • work of the enterprise's OT service; • supply of protective clothing, personal protective equipment, provision of collective protection, detergents; • cooperation with contractors.

Organizational administrative documents

The following types of administrative documents are distinguished:

• Order. Published by the management of the organization in order to solve production problems. There are orders on production issues and orders on personnel. The first include orders regarding financing, supply, sale of goods or services, and distribution of resources. The second - about hiring or dismissal, about vacation or business trip of an employee. Must be signed by the manager and brought to the attention of those persons whose activities it affects.

• Decisions and orders. Acts issued for the purpose of promptly resolving issues that arise during production. They are predominantly methodological and informational in nature. Decisions and instructions are drawn up identically to orders and are issued in one of the following cases: if it is necessary to distribute responsibilities or determine the deadlines for completing a particular task; when determining the procedure for using vehicles, and so on. Orders, as a rule, consist of an administrative part and a stating part, and have a separate clause designating a supervisory body in the form of a unit or official. Signed by the director, numbered within the boundaries of the calendar year. If they relate to the main activities of the enterprise, they are stored permanently; for economic and administrative matters - for five years.

How to properly develop, approve, agree

1. Who develops it? The specialists responsible for the development of LNA are identified and approved by the manager.
2. Development. It is written from scratch or a standard document is taken as a basis, into which the necessary adjustments are made to suit the specifics of a particular organization.
3. Coordination. The project is coordinated with specialized departments and lawyers. If required by a collective agreement, with a trade union. Certain documents require mandatory approval from employees - for example, a vacation schedule. During the approval process, changes and adjustments are made to the project.
4. Statement. The agreed document is submitted to the manager for signature.
5. Familiarization. The approved LNA is handed over to employees for reading. The method of indicating the number and list of employees in local regulations for review and signature is chosen by the developers themselves. If there are few employees, an introductory sheet is attached at the end of the document; if the organization is large, a separate journal is drawn up. All employees are familiarized with documents of a general nature; if the LNA is of a specialized nature, those who are directly related to the activities regulated in the document.