Rotating schedule: how is it different from shift work? If the internal labor regulations are part of a collective agreement, then their development and approval are carried out in accordance with the procedure for the development and adoption of a collective agreement established by the Labor Code. The draft rules are submitted to collective negotiations, discussed, and amendments are made to them. The agreed project is signed by the parties and approved. If the parties do not reach an agreement, the rules are approved and a protocol of disagreements is drawn up. How to fill out the section “Working time and rest time” of the organization’s internal labor regulations If the rules are not included in the collective agreement, then the employer prepares a draft and submits it to the elected body of his trade union. The trade union gives its consent or argues its disagreement regarding the project.
Order on the operating hours of the enterprise sample form
- pregnant women;
- parents of children under 14 years of age or disabled minors;
- caring for sick relatives.
It is also important to take into account that in order to avoid mass dismissal of members of the workforce as a result of changes in technology or work organization, part-time work with the approval of the trade union can be introduced by decision of management for a period of up to six months (Part.
Labor Code of the Russian Federation). How is the following working time regime established - part-time work week? The regulation of a part-time work week in an organization is established through the execution of a number of internal documents of the enterprise.
Order on the operating hours of the enterprise
He is not obliged to comply with this point of the schedule and arrive at 8-00.
In what cases is a document required? The law does not prohibit an employer from changing working hours.
As a rule, the basis for such a decision is the peculiarities of business processes.
But such a change must be properly formalized.
In addition, the changes introduced should not lead to a deterioration in working conditions and the situation of workers. A change in working hours is entered by a local document - an order. But its content and approval procedure depend on where exactly the current working time regime was recorded.
How to draw up an order on the operating hours of an enterprise: sample, rules
Thus, when introducing a shortened regime, by agreement between the parties, the following is required:
- worker's statement;
- management order;
- additional agreement to the employment contract.
When introducing an incomplete week, by decision of management, the following are formalized:
- order for the enterprise on the work schedule;
- informing employees about changes in schedule;
- additional agreements to employment contracts (if necessary);
- Notifying the employment service about changes in working hours.
Order on working hours Regulations Download the order form The legislator has not provided a uniform form for all companies on the regulations on working hours at an enterprise, therefore such documentation is drawn up in each organization individually, based on the accepted practice of personnel records management and internal document flow rules.
Order on working hours: sample
The maximum permissible working hours during the day and week are established by law, in particular, by the Labor Code (Article 91 of the Labor Code of the Russian Federation). But exactly what time employees start work, finish it, go on a break, that is, what the working hours will be, each employer decides independently.
It is based on the needs of the organization. If the regime is the same for all employees, then it is enshrined in the Internal Labor Regulations (ILR).
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And every employee entering work is familiarized with this document upon signature.
If the work procedure is different for some employees, this is stated in their employment contracts.
For example, in an organization the working day starts at 8:30 and lasts until 17:30.
However, system administrator Ivanov works from 10 to 20 o’clock and has lunch from 3 to 5 o’clock in the afternoon.
The director's signature and seal are needed to give the paper official legal force.
- The full name and initials of each employee affected by the changes are indicated.
They themselves must be familiar with the documents, with personal signatures.
About irregular mode This is a concept that deserves separate consideration.
In practice, the concept is used to designate a special mode of operation.
In connection with its introduction, certain categories of employees may perform their job duties outside the generally established norms. What are the reasons for this:
- On one’s own initiative, but with the approval of a manager or official.
- After the employer's resolution has been issued.
- Occasionally, according to orders verbally or in writing.
In this regard, overworking time appears.
But do not assume that it refers to overtime work.
Sample order to change working hours
When hired, each employee must be familiarized with the collective agreement and established rules on the internal labor regulations of the institution. The operating hours of the institution do not change often, but all changes are documented - an order is drawn up to change the working hours.
The main provisions protecting citizens from exceeding the established work schedule are reflected in the Labor Code of the Russian Federation. In particular, Article 100 of the Labor Code of the Russian Federation regulates the following issues:
- length of the working week, depending on the shift (5/2, 2/2, etc.);
- uneven working hours apply only to certain categories of citizens (for example, nursing mothers);
- duration of the work shift, taking into account technological breaks, days of work and vacation.
Any changes to workers' working hours must not violate current legislation. At the same time, approval of amendments is taking place:
- voluntarily, on the basis of a signed additional agreement to the employment contract;
- an updated operating mode has been adopted for the entire enterprise, with the approval of new working conditions.
An order to change work hours must be signed by the head of the organization. Without his visa, the document is considered invalid; the legality of its preparation can be challenged in court or with the Labor Inspectorate.
Grounds for issuing an order
The document must indicate the legal provisions that made it possible to adjust the operating mode of the institution. Depending on the current situation, these could be:
In addition, if the company has an active trade union, all changes must be coordinated with this body, otherwise the enterprise and its manager will face administrative fines.
Compilation rules
There are no rules in the law for drafting a narrative or for its design. Typically, organizations print it on a white sheet of A4 paper, some use company letterhead (both options are acceptable).
Employees responsible for its preparation must take a responsible approach to its writing; there should be no double interpretation of the typed text.
The finished form is endorsed by the director of the company; in addition, it must be agreed upon with the legal service to ensure that there are no violations of the law.
The document is not affixed with a company stamp or other seal unless this rule is provided for by internal local regulations. After this, responsible employees are required to inform all employees of the enterprise about the changes made, against signature. In parallel, work is underway to draw up additional agreements to employment contracts, in connection with changes in time and working conditions at the enterprise.
After review, the order is filed in a separate folder and put away in a place with limited access. After the need has passed, the document is transferred to archival storage, where it remains for a certain time. According to the nomenclature of files, the storage period must be at least three years.
What needs to be indicated in the order
There is no single approved form for an order of this type in the legislation. It is drawn up in any form, however, enterprises can use ready-made templates adopted by the company’s accounting policies. The order itself must contain the required details and points:
- document number and date;
- place of compilation (name of locality);
- Business name;
- name of the form;
- information about the essence of the adopted order, for example, “On the approval of a new working time regime”;
- grounds for issuing the order;
- a list of persons, responsible persons appointed to monitor the execution of the order (this may be a secretary or a specialist in the human resources department);
- position of the manager, his full name and personal signature.
If additional forms and forms are attached to the document, they are submitted as an Appendix to the order.
It is necessary to notify all employees of upcoming changes to working hours at least two months in advance. The notice is given to the employee personally against signature; for those who are missing, the form is sent by mail.
Sample download
We invite you to familiarize yourself with a ready-made sample order to change working hours. An example of filling can be downloaded below.
Order to change working hours - sample docx
The most important thing is not to violate the legislation of the Russian Federation, so that the employees of the enterprise have no reason to complain about unjustified changes.
Source: https://alaws.ru/obrazec-prikaza-ob-izmenenii-rezhima-rabochego-vremeni/
Changing the operating mode of an organization: order (sample)
This should also be reflected in the order. Changes to the employment contract, including those relating to working hours, are made by agreement of both parties (Article 72
TK). The agreement reached must be recorded in writing in the form of an additional agreement.
Otherwise, such innovations are illegal and the employee has the right to seek protection of his rights through the labor inspectorate or the court.
Grounds for drawing up The grounds for issuing an order to change working hours in this way will be:
- written consent of the employee and an additional agreement drawn up in accordance with all the rules;
- a new version of the PVTR adopted as a result of collective negotiations, reflecting changes in working conditions in the organization (organizational or technological).
Who makes the decision? The decision on all changes, including working hours, is made by the manager. This is within his competence.
What is required to issue an order
Any administrative document is drawn up when there are grounds for it. If the work schedule specified in the employment contract changes, an additional agreement must be signed with the employee. The biggest problem is when an employee does not agree to change the terms of the contract. In this case, in accordance with Art. 74 of the Labor Code of the Russian Federation, the employer must justify the need to change the work schedule by changes in organizational or technological working conditions. Write such reasons in the order itself or attach the relevant documents. Warn employees in this situation about the innovations and the consequences of refusing to accept them in writing no later than two months in advance.
If the initiative to switch to another schedule comes from the employee, then the basis for issuing the order is his statement. When the employer's consent is not required by law, indicate the relevant rule of law in the order. In other cases, add management consent to the grounds.
ConsultantPlus experts discussed how to change working hours (work schedule) at the initiative of the employer. Use these instructions for free.
Order to change the work schedule - sample and form
In this case, an act is drawn up. In this case, the notification is read out orally.
A notice may also be sent to a refused or absent employee by mail to the address specified in the employment contract.
In this case, the employer is considered to have fulfilled his obligation to promptly warn his subordinates.
How much and where should it be stored? The main regulatory document defining the storage periods for administrative documents is the List of Standard Documents, approved. Rosarkhiv in 2000. According to the classification given in this document, orders to establish and change working hours for the entire organization as a whole relate to orders for core activities and are stored permanently.
The order and additional agreement with the employee on the establishment of an individual regime will apply to personnel.
Such a document is kept for 75 years.
Order to change the employee’s routine: content requirements
The order is issued on the company's letterhead. It must include the following details:
- Visas.
- Signature of the managers.
- The main part of the text.
- Title to the text.
- The number assigned to the document.
- Place of publication, date information.
- Document's name.
- The name of the enterprise itself.
Sometimes it is necessary to sign various papers for another person. An example of a power of attorney for the right to sign documents can be found at the link.
It is important to cover not only issues related to the new working conditions themselves. But also, for example, information on wages in connection with the changed schedule.
Features of documentation
The main requirement is that all employees be notified in advance that their working hours have changed . This is usually notified no later than two months before changes are made. This even applies to situations where the changes themselves are temporary.
If you decide to quit your job, you must write a statement. You can see an example of an application for voluntary resignation here.
The notification must also contain information about why the enterprise now needs to switch to this work schedule.
It is necessary to provide information about what rights and responsibilities each employee has in such a situation. And about the period within which the employee must give an answer, agree to such a regime, or refuse it.
The employer may offer other jobs to those who, for whatever reason, are not satisfied with the changes. Otherwise, the employment contract is terminated on a general basis.
An order to change the work schedule due to production needs.
Order on the organization's operating hours sample
In addition, the working time schedule regulates the order of alternating workers in shifts and establishes working days and days off.
Thus, the term “working time” includes not only working time, but also rest time for workers.
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Working hours are set by internal labor regulations.
The work schedule is an integral part of this document.
In this case, the workday routine must be distinguished from the operating mode of the organization.
The daily routine is addressed to the staff, that is, it establishes the working hours of the employees, in contrast to the working hours of the employer, who sets the working hours of the organization.
Order on the operating hours of an organization sample Ukraine
For workers of the smelting section (smelting section foreman, metal and alloy smelter, batch loader in cupolas and furnaces), pouring section (metal pourer, TML operator) and charge yard (charge yard crane operator), set a multi-shift operating mode: - start of work first shifts from 7.30, lunch break from 11.30 to 12.00, shift end time at 16.00; - start of the second shift from 16.00, lunch break from 20.00 to 20.30, shift end time at 00.30; - start of the third shift from 00.30, lunch break from 3.30 to 4.00, shift ends at 7.30.
5. Workers of the transport and warehouse department, employees of the plant management, set the following work schedule: - work start time from 8.00; - lunch break time from 12.00 to 13.00; - work end time 17.00.6.
Working hours
Article 91 of the Labor Code of the Russian Federation defines the working hours as the time period established by the enterprise during which the employee performs his immediate duties. The working hours are legally regulated by the following documents:
- Internal labor regulations;
- Employment contract;
- Collective agreement and other agreements between the employer and company personnel.
According to Article 57 of the Labor Code of the Russian Federation, the work schedule is established for a specific employee only if it differs from the general schedule. Otherwise, it is permissible to use PVTR, which are a normative act of local significance and determine the operating mode in accordance with Article 189 of the Labor Code of the Russian Federation.
Sample of an order to change working hours
Each person in the labor market fulfills his part of the obligations according to the approved working time schedule , distributed over various periods of time, from a day to a year. Work routines are measured by the number of days, weeks and shifts.
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Article 100 of the Labor Code regulates this issue and provides the following provisions:
- The length of the working week directly depends on the schedule (5/2, 6/1, flexible schedule, part-time).
- Working with uneven working hours affecting certain categories of employees.
- Length of a standard shift. Its time is calculated based on the start and end times of work, the number of shifts in one day, the time of all technological breaks and the sequence of working and vacation days.
The work schedule is fabricated and adjusted by the employer, without violating the thresholds prescribed by law.
The owner personally draws up a work schedule once and for a long time, but there are circumstances that oblige him to change the schedule.
The working hours can be adjusted or changed in accordance with Articles 74, 91 and 100 of the Labor Code of the Russian Federation, which address this issue.
Basis for making changes to the mode
You cannot change your working hours without compelling reasons. Such grounds may be:
- The voluntary consent of the worker, expressed in the form of a letter, and accurately executed additional. agreement.
- An updated version of the internal labor regulations was adopted after personal negotiations. It should reflect technological or organizational changes in the company's working conditions.
The decision to change the working time regime is made only by the manager , with the exception of a few cases. If the boss intends to make changes to the TD, this cannot be done without the employee’s mandatory agreement in writing, relying on Article 72 of the Labor Code of the Russian Federation.
In another case, according to Article 190 of the Labor Code, the procedure for adopting internal regulations requires coordination of an updated work schedule with the trade union .
Violation of these charters may result in legal liability for the director.
Employee Notification
All employees affected by the upcoming innovations must be made aware of the adjustments. Moreover, according to Article 74 of the Labor Code of the Russian Federation, no later than two months before the start of the new regime.
The employee either receives the notice in hand or listens to its provisions aloud if he refused to take it at the place of work. You can refuse the terms dictated in the notice. In this case, the employer is considered to have fulfilled his part of the obligation to promptly warn his subordinates.
If an employee refuses to perform his duties under the updated conditions, dismissal is possible by agreement of both parties .
Read this article about dismissal by agreement of the parties.
Sample notification to employees:
Change of regime at the initiative of the employee
It is possible to change the operating mode based on his request. The reasons can be very different, most often it is a changed lifestyle and lack of time for family matters and relatives. The director has the right to either approve the changes or reject them.
To document the new conditions, the employee must write a corresponding statement. It must contain the following information:
- Information about the head of the organization/company;
- Last name, first name and patronymic of the employee;
- Wording: “I ask you to change my working hours” followed by information about the current and new modes;
- Reason for schedule correction;
- Compiler's signature with transcript;
- Date of application;
- Additionally attached agreement indicating new opening hours.
Sample application for transfer of working hours at the initiative of the employee:
Changing the operating mode of the enterprise
Labor legislation gives enterprise managers the right to adjust work hours as follows:
- Drawing up and signing an additional agreement with the employee in accordance with Article 72 of the Labor Code of the Russian Federation.
- If there are serious justifications, it is permissible to adjust the operating mode unilaterally under Article 74 of the Labor Code of the Russian Federation.
The first option is acceptable if the work schedule is clearly stipulated in the employment contract and does not require justification. The second method is possible when implementing technological or organizational changes in existing working conditions.
If the work schedule is regulated by the contract and the staff does not object to its adjustment, then it is enough to sign an additional agreement with each employee, where the new working conditions will be fixed. In the case of an unspecified regime, the head of the enterprise is obliged to approve new Internal Labor Regulations (ILR), according to which changes in the working regime are established. To do this, it is necessary to issue an appropriate order for the company and the approval of personnel to carry out such transformations, confirmed by an additional agreement signed by the employee and the manager. Such a document is necessary, since the usual reading of the order does not mean that the employee agrees with the changes in working conditions.
If the consent of the staff to make changes to the work schedule is not expected, then you can act on the basis of Article 74 of the Labor Code of the Russian Federation. This article allows the head of the company, if there are serious justifications, to change working conditions unilaterally. At the same time, management must prove the legality and extreme necessity of such a decision. Order to change the working hours The transition to a new working mode begins with the issuance of an appropriate order to amend the existing PVTR. The document is drawn up in free form and must contain the following:
- Company name;
- document number and date of its preparation;
- title;
- the reason for drawing up the document;
- “I order” - is present in any written order of the company’s management;
- indicate which operating mode has been cancelled, the new conditions and who is affected by the introduced changes;
- order on the preparation of a new edition of the PVTR and additional agreements;
- responsible for the implementation of this order;
- signature of the head of the company;
- company seal.
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All employees of the enterprise are familiar with the order. In case of refusal to work under the new conditions, this fact must be recorded in writing, and the employee has the right to resign within 2 months from the date of delivery of the notice.
Is it necessary to draw up a schedule at the enterprise to establish a schedule?
The Labor Code of the Russian Federation obliges the employer to establish a time frame for the working hours during which employees undertake to be present at the place of work and perform the labor function provided for by the contract. (Article 91 of the Labor Code of Russia).
An enterprise may have a general working schedule for all employees or set special working hours for some workers.
Forms of labor organization can be:
- flexible schedule (floating);
- irregular working hours;
- standard mode, corresponding to the Labor Code of the Russian Federation (40 hours per week with 5 days off and 2 days off).
The working hours must be determined by local acts of the enterprise (organization), which include:
- collective labor agreement;
- individual labor agreements;
- internal labor regulations.
Employees are familiarized with the working hours before signing an employment contract.
If there is a need to make changes to the operating mode of work in the company (both for all and individual employees), management must issue an appropriate order. In this case, the basis for changes may be the employee’s statement.
When issuing such an administrative document, the opinion of the representative body of employees (trade union) should be taken into account, as well as the provisions of local acts establishing the need for the consent of workers to introduce innovations and the ban on the transition to a non-standard schedule for certain categories of persons (parents of children under the age of 14 , disabled people, etc.).
In addition, there must be compelling reasoned grounds for issuing an order to change the operating mode.
Otherwise, the introduction of innovations may be considered illegal.
How to issue an order?
An order on working hours is issued by the head of the enterprise (organization) himself or an official authorized by him, which includes:
- accounting department employee;
- lawyer;
- HR employee.
The document is published in compliance with the basic rules applicable to the administrative documentation of the company.
The document must consist of a header indicating the full name of the enterprise (organization), the date of issue of the order, its number and the name of the locality. Next, it is indicated what the order will discuss - “on changing the working hours.”
Below it should be noted why such a document is issued (as a rule, employers indicate “with production necessity”) and the main instructions:
- Instructions on the abolition of the previously existing working regime and for which circle of persons the innovations are applied (for all employees or for individuals (positions)).
- Assigning new work hours for the entire team or for individual shifts, detailing the start and end of working hours.
- An order to put innovations into effect indicating the date.
- Appointment of persons responsible for the execution of the order, bringing it to the attention of employees who are affected by the established changes, as well as introducing appropriate changes to the local acts of the enterprise (organization).
If a new work schedule is established for individual workers, the order may indicate an order to conclude an addition to the labor agreement of such workers.
At the bottom of the document, detailed signatures of the manager and all persons responsible for the execution of the items of the order are affixed.
After bringing the contents of the order to the attention of the workers, the latter put their signatures on the familiarization sheet.
The document is filed in a folder for the main activity.
order establishing working hours at the enterprise - word.
Order on working hours
The time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties is working time (Part 1 of Article 91 of the Labor Code of the Russian Federation).
The working time regime provides for the length of the working week, work with irregular working hours, the duration of daily work (shift), start and end times of work, time of breaks in work, number of shifts per day, etc. (Part 1 of Article 100 of the Labor Code of the Russian Federation).
How to draw up an order about the working hours of employees?
Is it necessary to formalize the transition to shift work?
According to Art. 57 of the Labor Code, any change in the significant parameters of the employment contract must occur by bilateral agreement.
The management's order is unilateral and therefore cannot be the basis for switching to a shift work mode.
However, during the procedure for transferring the workforce or part of it to shifts, it will be necessary to issue a number of orders:
- According to Part 2 of Art. 74 of the Labor Code of the Russian Federation, the employer must warn the employee about future changes in the work and rest schedule no less than 2 months before the actual introduction of the shift schedule. It is precisely this warning that is formalized by order. The local act must contain a substantiated explanation of the need to switch to another mode of work and rest. According to Part 1 of Art. 74 of the Labor Code, a sufficient reason will be innovations in the production process, or changes in the organization of the enterprise. Also, the order must contain all the parameters of the new operating conditions.
- If an employee refuses to change the nature of work and rest, the employer must inform in writing about the availability of vacancies that correspond to his qualifications, and in case of absence, offer a position with lower qualifications and pay. This information is also brought to the attention of the employee in the form of an order. The employee either accepts or refuses the offered vacancies.
- If the employee agrees to a shift schedule, an additional agreement is drawn up between the employer and the employee (Article 72 of the Labor Code). In case of refusal, the manager has the right to terminate the employment contract unilaterally on special grounds in accordance with Art. 77 Labor Code of the Russian Federation.
How to apply for translation?
An order on an upcoming change in the work and rest schedule of workers must have the following components:
- Name of the enterprise, position, full name of the responsible person.
- Number and date of issue of the order
- Title of the document “On changing the terms of the employment contract”
- Main text. It should reflect the reasons for making significant changes to the employment contract, and all the nuances of the upcoming shift work schedule.
- A box for agreeing to or refusing the upcoming changes. This column must provide space for the date.
- The date when the document was signed by the manager and the signature of the manager.
The order can be issued both for an individual employee and for a group of employees (workshop, site, production unit, etc.).
Separately, it is worth mentioning the shift schedule. It is adopted taking into account the opinion of the primary elected representative body of workers (trade union).
In case of his absence, the employer has the right to independently develop and adopt a schedule. This document should reflect the following parameters:
- number of shifts per day - about the types of shift schedules;
- duration of one shift in hours - read about the standards for duration here;
- start and end of working hours;
- payment terms (salary, hourly rate)
- method of recording working hours during a shift schedule;
- system of bonuses and incentive payments;
- establishing the amount of additional payments required by law (surcharge for going out on holidays, at night, for overtime);
- place of work.
All this information must be included in the Labor Regulations, individual or collective labor contracts.
The schedule itself can be issued as an appendix to the order for review, or included in the order itself.
Order on provision of vacant vacancies
If an employee does not agree to switch to shift work, he must be given the opportunity to move to a position with suitable conditions.
Familiarization with vacancies is also carried out in the form of an order. In addition to the required details, the document must contain the following:
- Title: “On providing vacant vacancies to such and such an employee”
- The main part should contain a proposal about available vacancies, indicating working and rest conditions. For clarity, please attach a copy of the staffing table. This will avoid possible challenges to the employer’s actions in government agencies.
This clause can be included in the Order to amend the employment contract and delegate powers to the responsible person (HR employee).
In this case, there is no need to issue a separate act. If there is no person responsible for working with personnel at the enterprise, the manager will have to carry out this action independently.
Dismissal for special reasons
If an employee refuses to change the work schedule and the offered vacancies, an order to terminate the employment contract is issued.
The main part of the document should indicate: “To terminate the employment contract with (given to the other party) on the basis of clause 7 of Art. 77 of the Labor Code of the Russian Federation (an employee’s refusal to continue working due to a change in the terms of the contract determined by the parties).”
We draw up an order for working hours
In general, the working hours in an organization are established by internal labor regulations, collective agreements, and agreements with employees (Part 1 of Article 100 of the Labor Code of the Russian Federation). And workers must be familiarized with the specified documents against signature when hired before signing an employment contract (Part 3 of Article 68 of the Labor Code of the Russian Federation).
If for specific employees the working time regime differs from the general rules, information about it must be included in employment contracts with such employees (Part 2 of Article 57, Part 1 of Article 100 of the Labor Code of the Russian Federation).
It turns out that the working hours of employees are usually established by a local regulatory act of the employer or an employment contract, and not by an organizational and administrative document, i.e. an order. Therefore, the employer is not required to draw up an additional order on the duration of working hours. At the same time, such an order can be drawn up, for example, to remind employees about the working hours established in the organization, to establish a certain working time for newly introduced staff units or, say, when changing the working hours for all or certain groups of employees.
The established working hours may be changed by agreement between the employer and the employee, and in cases in the manner provided for in Art. 74 of the Labor Code of the Russian Federation, - at the initiative of the employer.
For the order on the working hours of employees, we will provide a sample of its completion for the case when the employer introduces new staff units with a work schedule that is different from that established for the rest of the employees of such an employer.
Labor regulations of the organization
Internal labor regulations are necessary for both employees and employers.
Most employers independently develop this document and can indicate all the necessary aspects in it. Such freedom is not available to government agencies; their internal labor regulations are subject to strict regulations. For example, the VTR rules for employees of the central office of the Federal Service for Regulation of the Alcohol Market were approved by Order No. 247 of Rosalkogolregulirovanie dated August 11, 2014. The internal labor regulations of commercial firms and individual entrepreneurs are created on the basis of labor legislation, taking into account internal specifics. At the same time, the fundamental term of this local act is labor regulations, which is directly related to the definition of labor discipline: it is obligatory for all employees to obey internal rules of behavior.
IMPORTANT! The definition of internal labor regulations is given in Art. 189 of the Labor Code of the Russian Federation: a local regulatory act containing the basic rights and obligations of the parties to an employment contract, work and rest hours, penalties and incentives and other issues of regulating labor relations.
More details about the concepts given in Art. 189 of the Labor Code of the Russian Federation, read the material “Art. 189 Labor Code of the Russian Federation: questions and answers" .
Based on this definition, internal labor regulations can be formalized in a separate local act, which all employees are familiar with upon signature. However, it will not be considered a violation, for example, to include the regulations in the form of a separate section or annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation).
If you need to fix something in PVTR or add something to them, look at how to do it correctly. Get free access to ConsultantPlus and go to the Ready Solution.
If the employer does not have special requirements for employees, and all VTR rules are reflected in employment contracts, bonus regulations or internal instructions, the employer can limit itself only to these documents and refuse to draw up separate internal labor regulations.
What does the mode mean?
The following provisions apply to the regime:
- Length of the week (for example, five days, part-time).
- Irregular hours for certain employees.
- Duration of one shift.
- Start and end times of work.
- Number of rest breaks.
When establishing a regime, it is recommended to obtain union approval. In addition, each of the listed provisions cannot contradict the Labor Code and other legislative acts. Information about the operating mode must be reflected in local regulations. It is expected that internal documents will document a common regime for employees. If a different regime is assigned to a number of employees, this must be reflected in the additional agreement.
