In addition to the main package of legal documents, the owner of the enterprise must also have local regulations that are correctly drawn up in compliance with established rules.
Most of these documents are mandatory and contain legal aspects that allow such an enterprise to function normally. In addition, the employee is obliged to strictly follow what is enshrined in them, and therefore he is introduced to these documents when he is hired.
What a local regulatory act is, who creates it, and what functions it performs – we will consider in more detail in the article.
Local regulations of the organization: types, procedure for adoption
Author: Vladislav Afonin
What are local regulations?
This is a document based on the principles of labor law and designed to establish a certain order of work in the organization. Moreover, they are binding on everyone and must be fulfilled in full.
Local regulations include all kinds of provisions on the calculation of bonuses, regulations for inspections and consideration of appeals, job descriptions, as well as rules for interaction between employees at the enterprise. And when applying for employment, a citizen is obliged to familiarize himself with the entire list of local regulations before signing a contract.
It is worth noting that it is the responsibility of any employer to develop them, while the current local regulations at different enterprises may differ, since their number is not determined even by Russian legislation.
But such documents cannot be opposed to the code of laws established in the country and, even more so, worsen the position of the employee. Compliance with this is constantly monitored by trade union organizations, the legal department, Rospotrebnadzor, and the prosecutor’s office.
What are the signs of LAD?
A number of features distinguish a local normative act from all other documents. Among which are the following:
- they contain labor law norms and do not violate the rights of workers in a particular organization;
- they are developed by the employer, while the norms contained in the acts are not agreed upon with subordinates;
- the use of LNA does not have time restrictions and can be used over a long period;
- they do not contain personal data of specific employees, and their standards apply to absolutely all participants in the labor process, such as instructions for observing safety precautions in the organization.
In accordance with local regulations, control is exercised over the performance of employees’ duties and decisions are made on bonuses or fines.
At the same time, the norms of local acts are enshrined in Article 8 of the Labor Code of the Russian Federation and are communicated to the employee against signature. If the inspection authorities reveal the absence of such documents, the employer may be held administratively liable and a fine will be issued against him.
Mandatory acts
Local regulations can be divided into 2 large groups, one of which is established at the legislative level and is controlled by the bodies involved in inspections and the prosecutor’s office.
Mandatory acts are rules of internal discipline and work schedule, processing and storage of personal data of employees, instructions on labor protection and safety regulations.
At the same time, violation or non-compliance with the norms of a mandatory local regulatory act can entail serious consequences for both the employee and the employer, especially if this resulted in damage to the property of the enterprise or an accident occurred with any of the participants in the labor process.
Optional acts
Local regulations may also be non-binding, that is, the employer can develop such documents at his own discretion, but their absence will not affect the labor process in any way.
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To the list of such regulations, you can add job descriptions, provisions on additional payments or provision of financial assistance to employees, as well as acts on advanced training.
They represent internal acts of the organization, but at the same time, their content should not exclude the established law, and their content is coordinated with the legal department of the enterprise, which monitors compliance with the rights of employees.
How to properly draw up LNA?
The adoption of local regulations is a rather labor-intensive process. It can be attended by specialists of different levels and competencies. At the same time, the owner of the enterprise manages and controls the process, but he can appoint persons responsible for this.
The development of one document can take several weeks or months, because it is important to take into account all aspects and comply with legal regulations.
As for the rules for drawing up local regulations, there are none. But compliance with the standards for their content is mandatory. And they must include the name of both the document itself and the organization, as well as the serial number, date of preparation and position of the person who approved them.
List of important and mandatory local regulations
Without these documents, no enterprise will be able to function. The organization’s main local regulations include:
- regulations on the internal work schedule of employees, which includes rules for hiring and dismissal, organization of the working day and vacations, as well as specifics for calculating wages;
- regulations on the collection and storage of personal data of employees of the enterprise, while the signing of this document occurs upon hiring;
- instructions on safety and labor protection rules, which contain safety standards when using equipment, as well as various GOSTs and sanitary standards;
It is worth noting that the internal local regulations of the organization are not included in this list and can be drawn up by the owner of the organization at his request, of course, in compliance with all legal norms.
How is local regulations developed and agreed upon at an enterprise?
To begin with, a group of responsible persons, which was identified to draw up local regulations, is preparing a draft of the future document. And only after this a detailed study of each individual item occurs.
The development of local regulations is carried out by a group of people who have all the necessary knowledge for this. In this case, a huge number of generally accepted standards and legislative acts are used, and such a document is based on labor law norms.
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Upon completion of work on the act, it must be agreed upon with the head of the enterprise. If the document is completely ready and does not contradict established legislation, and also does not violate the rights of employees, then the manager officially registers it and familiarizes all employees of the organization with it.
The LNA is an official document; it contains regulatory legal aspects, so the employee must sign after reading it. It is important to note that not all acts are prepared before opening an enterprise; some of them can be created and changed during the process, for example, due to changes in existing legislation.
How to correctly draw up a local regulatory act?
These documents can be compiled in any order, and what is more important is not their design, but the content. It is for these purposes that the corresponding GOSTs were developed.
To correctly local regulations, you can familiarize yourself with existing ones that are used at other enterprises, or search for standard documents on the Internet. Today it is possible to download ready-made acts, replacing only the company details and indicating the current date.
Of course, this option is more suitable for a small individual entrepreneur, where the list of local regulations may be limited to the most necessary.
However, in large enterprises and industrial complexes, where certain rules and regulations must be strictly observed, many specialists develop them. In addition, it all depends on what local regulatory act the organization needs.
The procedure for familiarizing employees with local regulations
According to the norms of labor legislation, familiarization with the regulatory acts of the organization occurs at the stage of employment of a citizen. And in addition to providing him with an employment contract for signature, you need to familiarize him with them. At the same time, an agreement and a local regulatory act are not the same thing.
If the first document establishes the rights and obligations of the parties, as well as the rules of interaction, then in the second case the rules and features of interaction are already of a general nature, the same for all employees. And you cannot replace one document with another.
But there are situations when it is necessary to supplement an existing document due to changes in the work of the enterprise or labor legislation. To do this, the appointed responsible persons begin to develop a new regulatory act, which the employee will be able to become familiar with during the work process.
In any case, the document is recorded with his personal signature. But before the adopted regulatory document comes into force, the employer is obliged to issue a corresponding decree, which must also be familiarized to all employees.
Local regulations of the organization, along with the statutory documents, are an integral part of its functioning and include legal aspects.
Therefore, their creation must be approached with all responsibility, while complying with established legal norms.
And taking into account local regulations, as well as their unquestioning compliance is strictly controlled, including by supervisory authorities. It is important to remember that most of these documents must be generated before the launch of the enterprise.
Cover photo: Ljubaphoto / Getty Images
Source: rb.ru
