Grounds for amending the internal labor regulations. Useful documentation Relocation and staffing

All disagreements are documented in the minutes, but even if they exist, the head of the organization has the right to accept the changes made to the PWTR on his own, but after that the trade union can appeal them to the court or start the procedure of a collective labor dispute in the manner established by the Labor Code of the Republic of Belarus (hereinafter - LC). Situation 2 There is no trade union in the organization, and the PWTR is accepted in the organization as an independent local regulatory legal act. In this case, changes to the PVTR are made on the basis of the decision of the employer without prior approval. From the editor: The procedure for this situation will be as follows.

Order to amend the internal labor regulations

In this case, the provisions of Art. 44 of the Labor Code of the Russian Federation. It is possible to make changes to the Rules if the draft amendments are submitted for collective bargaining. Possible changes are discussed and made to the project.

If the parties have not reached an agreement, then the Rules are approved in a "raw" form, along with a protocol of disagreements. If the Rules are a separate normative act, then in order to make changes to it, one must be guided by the norms of Art. 372 of the Labor Code of the Russian Federation. That is, the employer prepares a draft of the changes and sends them for study and discussion to the elected body of his trade union.

He must attach a written justification for each proposed change to the proposed change. Within 5 days, the union studies this document and sends a reasoned decision to the employer. If the union is against, they must offer an alternative to the proposed changes. The employer may or may not agree to them.

Changing the internal labor regulations

In this case, the following are considered to be changes: - replacement of words, numbers; - exclusion of words, numbers, sentences; - new edition of the structural unit of the local regulatory legal act; - addition of the structural unit, article, paragraph, chapter, section of the local regulatory legal act, new words, numbers or sentences. Amendments to local regulatory legal acts are formalized by an independent local regulatory legal act, in which, in turn, changes made to each such act are formalized by independent clauses. The procedure for amending the PWTR is not clearly defined by labor legislation.
Therefore, if it is necessary to make changes, it is necessary to resort to actions similar to those contained in the legislation. Thus, in the author's opinion, the procedure for introducing changes to the PWTR should repeat the procedure for adopting this document.

Amendments to the internal labor regulations

From the Editor: To register changes, you will need to submit the following documents to the appropriate authority: 1) an application for registration; 2) changes made to the collective agreement, each page of which is signed by the parties; 3) copies of documents confirming the powers of the parties to sign changes to the collective contract. Situation 4 The presence of a large number of changes in the PWTR made at different times. With a large number of changes made, it is advisable to approve new PWTR, and recognize the old ones as invalid.

This can be done by issuing an order. For a sample order on the approval of new PVRs and the invalidation of previously existing ones, see the “Useful Documentation” section on p. 27 magazines.

How to amend the internal labor regulations

If the employer does not agree with the changes proposed by the trade union, then he must conduct additional consultations on the new provisions of the Rules. If there is no trade union at the enterprise, then the employer can amend the Rules in two ways:

issue an order to amend;
develop a new version of the Rules and adopt it.

An order to amend the internal labor regulations An order to amend the Rules must be issued on the letterhead of the employer and have a serial number. In addition, it must contain the following information:

full name and position of the person who is responsible for the development and implementation of changes.

If necessary, the prepared draft changes should be discussed and finalized in all departments of the enterprise, its branches and other separate departments. The discussion takes place at a general meeting of the labor collective. For a sample of amendments to the PVTR, which are an annex to the collective agreement, see the “Useful Documentation” section on p.
26 magazines.

Attention

See the sample minutes of the general meeting of the labor collective in the “Useful Documentation” section on p. 28 magazine. Changes in the PWTR in the current situation will be an integral part of the collective agreement. They come into force from the moment of signing and are also subject to registration with the local executive or administrative body at the location of the employer.

Therefore, after acceptance and signing, they must be registered with the body that registers the collective agreement (Article 371 of the Labor Code).

How to amend the internal labor regulations?

At the same time, the dismissed are entitled to a severance pay in the amount of two weeks of average earnings (Article 178 of the Labor Code of the Russian Federation). Please note that a change in the operating mode of the organization must be justified and associated with a change in organizational or technological working conditions. Arbitrage practice. Determination of the Moscow City Court dated March 18, 2011 in case N 33-5153: resolving the dispute on the claim of B., the court proceeded from the fact that the order of the director of the public educational institution to approve the new work schedule for counselors is illegal, since in accordance with Art.
74 of the Labor Code of the Russian Federation, a change in the mode or schedule of work must be caused by a technological or other production need, and the employee must be warned about the changes in writing two months in advance. T.

The initiators of the amendments can be the head, the trade union;
To include corrections, a letter must be sent to one of the parties inviting consultation;
After reading the written application, the party that received the notification undertakes to negotiate within 7 days;
The date of the meeting of the commissions can be chosen by mutual agreement;
Before starting consultations, the parties must provide each other with a list of persons participating in the negotiations;
If the negotiations were fruitful, they should result in a joint project of changes in routine.

Changing the internal labor regulations sample If for some reason you are faced with the need to make changes to the internal regulations at the enterprise, then you should know the features of this process.
Editor's note: In this case, the employer no longer has the right to unilaterally make changes to the PWTR, since without the consent and signing of them by the trade union, they will not have legal force. To make changes, either party has the right to send a written request to the other party to conduct collective bargaining to change the PWTR, which is an annex to the collective agreement. The notification should be made in writing so that in the event of a dispute there is documentary evidence of the fact that one party applied to the other.

The notice is given to the person responsible for receiving correspondence or sent by letter with acknowledgment of receipt. If the trade union is the initiator, then if it becomes necessary to amend the collective agreement, it sends a proposal to the management of the organization to start negotiations on this issue.

Grounds for amending the internal labor regulations

Coordination of the draft changes to the Internal Labor Regulations with the members of the working group After the preparation of the draft changes by the responsible employee, the rest of the members of the working group need to agree on it. It is important that the proposed changes do not worsen the situation of workers in relation to existing working conditions. After discussing the draft, all members of the working group must put their signature with a transcript in the draft document. An important article about the internal labor regulations Stage 3. Coordination of the draft amendments to the Internal Labor Regulations with the trade union (if any) The prepared draft amendments must be sent to the elected body of the primary trade union organization. The trade union considers the document and sends to the employer its reasoned opinion in writing no later than five working days from the date of receipt.

However, everything is much more complicated when the provisions of local regulations are changed that affect essential working conditions - working hours, pay system, salary, etc. In this case, the employer must follow the procedure provided for in Art. 74 of the Labor Code of the Russian Federation: prepare a draft of changes to the local act, two months before their introduction, send notifications to employees about the change (for example, that the working hours have changed and the organization is moving from five days to six days). If the employees agree to work in the new conditions, we believe that it is possible to amend the local act even before the expiration of the two-month period. But if there is at least one dissenter, you will have to wait. And already after two months from the moment of notification, the changes in the local act will come into force. For your information.

The subtleties of familiarization with personnel documents

Responsibility One of the obligations of the employer listed in Part 2 of Art. 22 of the Labor Code of the Russian Federation, is to familiarize employees against signature with the adopted local regulations that are directly related to their work activities. As the practice of control and supervision activities carried out by the state labor inspectorate shows, failure to comply with this obligation is a fairly common violation.

Of course, only for this the inspector is unlikely to be fined, but almost always there is something else, and then the inspectors apply administrative measures under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation - a fine for an official from 1,000 to 5,000 rubles, for an organization - from 30,000 to 50,000 rubles.

How to conclude an employment contract correctly and according to the law?

Terms of familiarization of the employee with the documents So, the employer introduces the employees to the internal labor regulations and local regulations related to labor activity before concluding an employment contract, with the rest of the documents (newly adopted or containing changes to existing ones) - after. But at what time? Indeed, over time, the norms of local acts and other documents directly related to the activities of the employee may change, completely new documents may be adopted.

It is in such cases that personnel officers most often forget to acquaint employees. And it is simply necessary to do so. Of course, you should try to familiarize employees with changes or new documents as soon as possible.
We believe that a week is enough for this.

Recruitment. how to acquaint the employee with local acts.

Info

For a sample of a sheet of familiarization of employees with the LNLA operating at the employer, see the section "Useful Documentation" on p. 27 magazines. 2. To issue a special journal for familiarizing employees with the LNLA and the collective agreement.

For a sample log of familiarization of employees with LNLA operating at the employer, see the section "Useful Documentation" on p. 27 magazines. 3. Draw up a list of documents, which in the future will be an annex to the employment contract concluded with the employee.
This annex must contain a list of documents with which the employee is familiarized, familiarization visas under the name of each document listed in it, the date and number of the employment contract indicated by hand. For a sample annex to an employment contract containing a list of LNLAs in force at the employer, with which the employee is familiar, see the “Useful Documentation” section on p.
27 magazines.

Familiarization sheet with local regulations - sample

Everyone knows the rules of Art. 68 of the Labor Code of the Russian Federation, according to which, before signing an employment contract, an employee must be familiarized with the internal labor regulations, the collective agreement and other local regulations directly related to future activities. However, it is also necessary to acquaint employees with the documents adopted in the organization during their work activities.

After reading the article, you will find out what documents you need to familiarize the employee with and in what time frame. Whom and with what documents to acquaint? First of all, let's figure out what documents, in addition to those listed in Art. 68 of the Labor Code of the Russian Federation, it is necessary to familiarize the employee. As we know, an organization can develop local regulations - the so-called internal laws, which are adopted by the employer.

Acquaintance with local acts (Suverneva A.I.)

Attention

The requirements of the Labor Code of the Russian Federation to familiarize an employee when hiring (before signing an employment contract) with local regulations directly related to his labor activity, as well as a collective agreement, an employer (organization, individual entrepreneur) or an official (for example, the head of an organization) may be brought to administrative responsibility in accordance with Part. 1 Article. 5.27 of the Code of Administrative Offenses of the Russian Federation. For the repeated commission of a similar offense, these persons may be subject to administrative punishment in accordance with Part 1 of Art.

4 tbsp. 5.27 of the Code of Administrative Offenses of the Russian Federation. In practice, situations may also arise when it is impossible to prove any violations on the part of an employee who is not familiar with the local regulations of the organization (enterprise).

Acquaintance with local regulations when hiring

The magazine needs to be numbered, stitched, make a control inscription. For example: “96 (ninety-six) sheets are numbered and laced in the magazine.
Position, signature, transcript of the signature. And certify the inscription with a seal. In the Familiarization Journal, you can select blocks for the PVTR, the Regulations on the Protection of Personal Data, the Regulations on Remuneration, and other LNA.
And for large companies with a large number of employees, it is advisable to issue a separate Familiarization Journal for each local act. 3. For each employee, draw up a Familiarization Sheet with local acts. In this sheet, list all the documents with which it is necessary to acquaint the employee when applying for a job. After reading the document, the employee signs on the familiarization sheet opposite the relevant document (signature, date, transcript of the signature). Attach the completed list to the employment contract concluded with the employee.

The procedure for familiarizing employees with local regulations

We believe that the job description, if it is an annex to the employment contract, is an integral part of the employment contract, therefore, the rules on the procedure for concluding and amending the employment contract fully apply to its applications. According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties.

One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

What local acts should the employee be familiarized with?

Stage after the conclusion For the current period, it is considered that the date of commencement of the employment contract is determined either by the date of its signing, or by the date of commencement of work, if the agreement was concluded later. The law provides a period of up to three days for the execution of the contract from the start of work.

The start of work can be specified in the agreement, if there is none, then the start of work is set on the next business day after signing. Notification of the Federal Migration Service on the conclusion of an employment contract For situations where a foreigner is accepted for a position, a separate procedure is provided.

It is necessary to send a notification to the FMS about the conclusion of an employment contract with a foreign citizen. The period when the notice of the conclusion of an employment contract in 2018 is submitted to the immigration service is 3 days from the date of employment.

The procedure for concluding an employment contract determines that a citizen may be required to:

the passport;
diploma (certificate);
work book;
military ID;
TIN certificate;
health insurance policy;
state insurance certificate pension insurance;
recommendations.

In addition, the employer has the right to request certificates of qualifications and practical work experience (knowledge), if this is necessary for the specifics of the future work. In cases where the law imposes restrictions on the ability to hold a position for persons with a criminal record, a certificate of absence or cancellation of a criminal record is requested. The general rules for concluding an employment contract do not give the right to request such a certificate. The candidate for the position has the right to get acquainted with the future working conditions, to make his wishes.

In some situations, it is quite difficult to distinguish between a transfer of an employee and a transfer. In this article, we examined the most common cases of displacement of workers, analyzed the practice of applying labor legislation and mistakes made by personnel officers.

Relocation is a process of redistribution of labor at the level of the organization, necessary for the use of the labor qualities of the employee (labor) in order to ensure the effective functioning of the organization. Relocation can be either temporary or permanent.

Justification for relocation

The relocation must be justified by industrial, organizational or economic reasons (part four of article 31 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code)). For example, new jobs have been created in the organization, or the activities of a structural unit have been suspended and declared idle.

For examples of a relocation order due to the creation of new jobs and a relocation order due to downtime, see the “Useful Documentation” section on p. 24, 25 of the magazine.

The difference between translation and translation

The features that distinguish movement from translation can be distinguished from the definition of concepts given in the TC.


The transfer is recognized as an instruction by the employer to the employee previous work at a new workplace both in the same and in another structural unit, with the exception of a separate one, on a different mechanism or unit, but within specialties, qualifications or positions with preservation working conditions stipulated by the employment contract	A transfer is an instruction from an employer to an employee work on another professions, specialties, qualifications, positions (except for changing the name of the profession, position) in comparison with those stipulated in the employment contract, as well as assignment of work with another employer or in another area(excluding business travel)

Reference: workplace is a place of permanent or temporary stay of an employee in the course of labor activity, where the employee performs his labor duties, i.e. this is a certain section of the production area allocated by the employer to the employee for work, equipped with appropriate equipment, tools, etc.;

place of work is an organization (specific employer) located in a certain locality (settlement), with which the employee has an employment contract (contract).

Travel ban

The movement of an employee is unacceptable, incl. and with the consent of the employee, if it is contraindicated for health reasons in accordance with a medical opinion or a requirement of the law (prohibition of the use of labor by certain categories of workers, for example, women and minors - Articles 262 and 274 of the Labor Code). This is defined in paragraph 16 of the resolution of the Plenum of the Supreme Court of the Republic of Labor dated March 29, 2001 No. 2 “On some issues of the application of labor legislation by courts”.

Documents issued when moving

The transfer is made out by the order (instruction) of the employer. The order to move belongs to the group of orders by personnel. The registration index of the order must be supplemented with the letter "k". The shelf life of the order is 75 years.

IT IS IMPORTANT! If the duration of the movement is not indicated in the order for the movement of the employee, then it will be recognized as permanent.

The basis for issuing an order to move may be a memorandum. For example, the head of a section (department) writes a memorandum addressed to the head of the organization, in which he indicates the need to move a particular employee or employees.

For a sample memorandum, see the “Useful Documentation” section on p. 27 magazines.

In Art. 31 of the Labor Code does not mention the obligation of the employer to notify the employee of the transfer. This is due to the fact that when moving, the consent of the employee is not required.

The movement must be justified by industrial, organizational or economic reasons. Therefore, taking into account the specific circumstances, a change in the working conditions of an employee during a transfer may be declared illegal if it is established that there are no such reasons, and the transfer was made in order to transfer an “undesirable” employee to another workplace, for example, with worse working conditions, etc.

In the order for relocation, it is necessary to indicate the reason why the employee is relocating, his new workplace (mechanism, unit), as well as the period of relocation, if it is temporary.

IT IS IMPORTANT! When moving, a new employment contract is not concluded. An entry about the movement in the work book is not made.

The following information is entered in the work book: on hiring, transferring to another permanent job, concluding a contract, dismissal (clause 11 of the Instructions on the procedure for maintaining work books of employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 09.03.1998 No. 30 (hereinafter - Instruction No. 30 )). Making a record of the movement is not provided for by Instruction No. 30.

Relocation and staffing

When an employee is temporarily moved (for example, when replacing a temporarily absent employee), changes to the staffing table do not need to be made. If the structure of the organization has changed, for example, a department has been disbanded, one department has been transformed into 2 independent departments, then the corresponding changes must be reflected in the staffing table - remove the name of the structural unit from the staffing table, and also include the name of the new structural unit.

Situation

In the organization, in connection with a change in the structure, departments are renamed, but the labor functions of the employees of these departments do not change, their jobs and positions also remain the same.

In this situation, one should proceed from the definition of displacement given in Art. 31 TK.

When moving, the workplace changes, which can be either in the same or in another structural unit (with the exception of a separate one), a mechanism or unit while maintaining the working conditions stipulated by the employment contract. The labor function of an employee (work in one or more professions, specialties, positions, indicating qualifications in accordance with the employer's staffing table, functional duties, job description) remains the same.

In the situation under consideration, neither the workplace, nor the mechanism, nor the unit change, in addition, the system and wages, guarantees, mode of operation, category, names of professions, positions and other essential working conditions do not change, provided for in Art. 32 TK.

In this case, the employer should issue an order for the main activity to change the structure of the organization and, on the basis of the issued order, make changes to the staffing table of the organization, and in the work books of employees - records about renaming the department in connection with changes in the staffing and structure of the organization 40 Instructions No. 30).

In addition, in accordance with the requirements of Art. 19 of the Labor Code in an employment contract with an employee, as a prerequisite, the employer must indicate the place of work, incl. the structural unit in which the employee is hired. Therefore, when changing the name of the department, the contract must also be amended, indicating the new name of the structural unit.

Based on the foregoing, we can conclude that changing the name of a department is not a move.

Relocation in connection with the reorganization of the structural unit

During the reorganization of structural divisions, employees may be transferred from one structural division to another or transferred to another position, their essential working conditions may be changed, and they may also be dismissed under paragraph 1 of Art. 42 TK.

When moving an employee from one structural unit (except for a separate one) to another in connection with the reorganization, the following should not change:

Essential working conditions.

In the event of a reorganization that is not associated with a change in the name of the unit, it is possible to relocate, but not for all employees.

For a sample relocation order in connection with the reorganization of a structural unit, see the “Useful Documentation” section on p. 26 magazines.

IT IS IMPORTANT! If work in another structural unit will be associated with a change in the employee’s labor function or other conditions of the employment contract, then the rules on transfer, but not on transfer, should apply to such relations.

Occupational safety and movement

As a general rule, when hiring an employee, the employer is obliged to conduct an introductory briefing on labor protection (Article 54 of the Labor Code). The employer is obliged not to allow to work (suspend from work) on the relevant day (shift) a worker who has not been instructed, tested knowledge on labor protection, does not use the required personal protective equipment that ensures labor safety, who has not passed a medical examination in the cases and in the manner provided for legislation (Article 13 of the Law of the Republic of Belarus dated June 23, 2008 No. 356-З “On labor protection”).

The procedure for instructing and testing the knowledge of workers on labor protection issues is detailed in the Instructions on the procedure for training, internships, briefings and testing the knowledge of workers on labor protection issues, approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated November 28, 2008 No. 175 (hereinafter - Instruction No. 175) . After passing the introductory briefing, the employee must undergo an initial briefing on labor protection at the workplace. This type of briefing is carried out individually with a practical demonstration of safe methods and methods of work (Article 51 of Instruction No. 175). Thus, when an employee starts work while moving, the employer is obliged to conduct an initial briefing on labor protection at a new workplace with this employee. When moving in connection with a change in a mechanism or unit, an employee must undergo an unscheduled briefing on labor protection.

IT IS IMPORTANT! Please note that the labor protection service with the participation of the trade union can draw up a list of professions and positions of workers exempted from primary briefing at the workplace. This list must be approved by the head of the organization.

Can the relocation lead to a deterioration in the working conditions of the worker?

Since when moving there is a change of workplace, HR specialists may encounter the following situation: an employee moves to a workplace that will be recognized as a workplace with special working conditions.

Example

The employee's workplace is not included in the list of jobs with special working conditions. On the basis of the order of the employer, he was entrusted with similar work in another structural unit, where, according to the results of certification, harmful working conditions were confirmed. The worker disagreed with the move. The employer, referring to the norm of Art. 31 of the Labor Code, indicated that the consent of the employee to the movement is not required. After the employer refused to cancel the transfer, the employee applied to the labor dispute commission (hereinafter referred to as the CTC).

Having considered the labor dispute, the CCC came to the following conclusion: the employer committed a violation of labor legislation in terms of applying the norm of Art. 31 TK.

In its decision, the CCC indicated that during the transfer, the working conditions stipulated by the employment contract must be preserved. Despite the fact that the employee’s labor function remains the same, the working conditions stipulated by the employment contract change, therefore, the procedure provided for in Art. 32 "Change in essential working conditions" of the Labor Code.

In connection with justified production, organizational or economic reasons, the employer has the right in the manner provided for in Art. 32 of the Labor Code, to change the essential working conditions of the employee while continuing to work in the same specialty, qualification or position specified in the employment contract.

The employer is obliged to notify the employee in writing of a change in essential working conditions no later than 1 month in advance.

If the employee refuses to continue working with the changed essential working conditions, the employment contract is terminated under paragraph 5 of Art. 35 TK.

Given the fact that when moving the employee, the employer violated the provisions of Art. 31 and 32 of the Labor Code, the CCC decided to cancel the employer's order to relocate the employee.

Changing an employee's salary upon relocation

If, as a result of the transfer, the employee's salary is reduced for reasons beyond his control, he is paid an additional payment to the previous average earnings within 2 months from the date of transfer (part two of article 72 of the Labor Code). If earnings increase, then it is paid to the employee from the beginning of work at a new workplace (aggregate, mechanism).

Refusal of an employee to move

Refusal of the employee from the movement, made in compliance with the norms of Art. 31 of the Labor Code, is a violation of labor discipline, and absence from work is absenteeism. As a result, an employee can be fired under paragraph 5 of Art. 42 TK.

Finally…

It is important to remember that during the relocation, the working conditions of the employee, stipulated by the employment contract, must remain unchanged, and in the event of a dispute about the legality of the employee’s relocation, the employer must prove in court the following circumstances:

As a result of the transfer, there was no change in the terms of the employment contract previously agreed by the parties;

The labor function as a result of the transfer was preserved within the limits of the specialty, qualification or position;

There are no contraindications for health reasons for the movement of an employee.

Victoria Ladygina , lawyer

Personnel documentation - a set of forms (documents) reflecting the presence and movement of labor resources. The whole complex of basic personnel documents can be conditionally divided into the following groups:

1. Organizational and legal documentation (internal labor regulations, structure and staffing, staffing, regulations on structural divisions, vacation schedule, job descriptions, orders for core activities, etc.).

2. Contractual documentation (employment contracts, contracts, civil law contracts, collective agreements, liability agreements, contracts for industrial training and advanced training of employees, etc.).

3. Administrative documentation (orders for personnel).

4. Personal documentation (personal cards T-2, personal files of employees, including those dismissed, work books, personalized records, personal primary military records, documents for assigning pensions, etc.).

5. Accounting and registration personnel documentation (receipt and expense book for accounting for forms of work books and inserts to them, a book for recording the movement of work books and inserts for them, a personal affairs register, time sheets, a register of workers leaving on business trips , register of applications and submissions for the appointment of pensions, etc.).

6. Information and reference documentation (military registration information, information provided to employment services, information about young professionals, documentation and information sent to social protection authorities, statistics, etc.).

7. Other documentation (correspondence with third parties, regulatory organizations, employees, notices, etc.).

Organizational and legal documentation

The internal labor regulations reflect the organization of the work of the enterprise, the mutual obligations of employees and the employer, the provision of vacations, secondment of employees, on-site regime, etc. The official and numerical composition of the organization, indicating the payroll fund, is fixed in the staffing table.

Job descriptions that establish the tasks, functions, rights, duties and responsibilities of employees regulate the legal status of employees of the organization.

An employee of the personnel service takes part in the preparation of these documents, and drawing up a vacation schedule is his direct responsibility.

According to Art. 168 of the Labor Code of the Republic of Belarus, the order of granting labor holidays is established for the team by the schedule of labor holidays approved by the employer in agreement with the trade union or by the employer in agreement with the employee in the absence of a trade union.

Vacation schedule compiled for the calendar year no later than January 5 or another period established by the collective agreement, agreement or agreed by the employer with the trade union, and is brought to the attention of all employees.

Contract Documentation

Labor contract comes into force from the date of its signing by the employee and the employer, unless otherwise provided by the contract itself, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer.

A similar date of entry into force is set for civil law contracts.

The employee is obliged to start performing labor duties from the day specified in the employment contract, or on the next working day after the entry into force of the contract, if the day of commencement of work is not specified in the employment contract.

It is also necessary to conclude with a financially responsible person liability agreement taking into account Ch. 37 TK. Contracts on material liability should be concluded from the same date, as the employment contract (contract), since the employee's material responsibility begins on the day when the employee begins to perform his duties.

When hiring or when concluding a civil law contract (before the date the employee actually begins to perform his/her duties) the employee of the personnel department is obliged to familiarize the employee against signature with the internal labor regulations in force in the organization, other local regulations related to the labor function of the employee, the collective agreement.

Contracts for industrial training are concluded in accordance with the Regulations on the organization of industrial training for students of institutions providing vocational education, approved by the Decree of the Council of Ministers of the Republic of Belarus dated October 28, 2002 No. 1487, with subsequent amendments and additions and other regulatory acts.

The terms and duration of periods of industrial training are established by educational institutions, taking into account the capabilities of organizations and educational and production facilities of educational institutions.

The organization, in accordance with the established procedure, organizes industrial training, including ensuring its documentation, expressed in:

Conclusion of agreements on the organization of industrial training for students of institutions providing vocational education;

Issuance of an order for the organization on the enrollment of students for industrial training in accordance with agreements on the organization of industrial training (as a rule, not less than a month before the start of industrial training);

Appointment by order of the organization of a person responsible for compliance with labor safety requirements during industrial training of students (taking into account the date of issue of the order on enrolling students in industrial training, but no later than the date of commencement of industrial training).

In accordance with Art. 220-1 of the Labor Code, the employer provides vocational training, advanced training, internships and retraining of employees in cases and in the manner prescribed by law, a collective agreement, an agreement, an employment contract.

In other cases, the need for professional training, advanced training, internships and retraining of employees is determined by the employer.

The order of professional training is regulated by:

Regulations on the educational institution (subdivision of the educational institution), providing advanced training and retraining of personnel, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated January 24, 2008 No. 103, with subsequent amendments and additions;

Regulations on continuous vocational training of workers (employees), approved by the Decree of the Council of Ministers of the Republic of Belarus dated May 15, 2007 No. 599, with subsequent amendments and additions.

Terms of industrial training, retraining, advanced training, etc. are established by educational institutions on the basis of relevant agreements with organizations.

Responsibility for ensuring continuous professional training of workers (employees) in organizations rests with the personnel services (clause 9 of the above Regulation).

Administrative documentation

Orders on personnel are the main documents that determine the official position of employees, and serve as the basis for making appropriate entries in their records.

According to the Model Instruction on office work in ministries, state committees and other central government bodies, institutions, organizations and enterprises of the Republic of Belarus, approved by order of the Committee on Archives and Office Work of the Republic of Belarus dated May 23, 1995 No. 13 (hereinafter referred to as the Instruction on office work), orders for personnel, hiring, reassignment, dismissal, leave, announcement of incentives, imposition of penalties are processed.

Draft orders on personnel are drawn up by employees of the personnel service on the basis of submissions from the heads of structural divisions. Draft orders on incentives and penalties are prepared by the heads of those departments that make a proposal to encourage or punish employees directly subordinate to them.

So, hiring is formalized by the order (instruction) of the employer, issued on the basis of the concluded labor agreement (contract). The personnel officer must control that the content of the order complies with the terms of the concluded labor agreement (contract). The order of acceptance to work announced to the employee against signature. The current legislation does not establish a deadline for familiarizing the employee with the order, but, based on the meaning of Art. 25 of the Labor Code, it is advisable to familiarize the employee with the order before he begins to perform his job duties, namely - v three days from the date of signing the employment contract.

This material is published in part. The full material can be read in the Personnel Department magazine No. 1 (96), January 2009. Reproduction is possible only with

Labor and sanitary (if available) books.
Information about wages.
Information about the insurance period and personalized information about the insured person.
Copies of acts, orders and orders on the labor activity of the outgoing person.

All documents issued upon dismissal must be completed and certified by the seal of the organization.

Employment history

This is the main document about the labor activity and experience of a person. In the event of a delay in extradition, the employer may be fined up to 50,000 rubles.

The issuance of documents upon dismissal, especially forms of labor and personal medical records, should be recorded in special journals.

Personal medical book

All employees who are associated with the production, storage, transportation and sale of food products, drinking water, the upbringing and education of children, public utilities and consumer services are required to have a medical book. Upon termination of the employment contract, the employer is obliged to give the medical book, even if it was issued at his expense. Detailed explanations about the personal medical book can be found in the letter of Rospotrebnadzor dated November 10, 2015 No. 01/13734-15-32.

2-personal income tax

Contains information on the amount of income from the beginning of the calendar year and on the date of termination of the contract inclusive. Compensation for unused vacation is reflected in the certificate, but the amount of severance pay (if any), which is not subject to personal income tax, is not included in the certificate (for details, see Letter of the Ministry of Finance dated 18.04.2012 No. 03-04-06 / 8-118).

Salary information

Issued in the form approved by the Order of the Ministry of Labor dated April 30, 2013 No. 182n. Includes information about the employee's personal data and the amount of his earnings for the current and two previous years.

SZV-M

This form includes information for the month in which the person leaves, in the fourth section only data about the person being dismissed is indicated.

Report Form

Certificate of insurance experience

Here it is necessary to indicate information about the calculated, withheld and listed additional insurance premiums for the funded part of the labor pension. This obligation is established by Federal Law No. 56-FZ dated April 30, 2008.

Personalized information about the insured

The third section is completed. The period is from the beginning of the quarter to the date of dismissal.

The transfer of cases

When an employee leaves the company, the organization, of course, is obliged to settle with him and issue the originals and copies of the documents indicated above, however, in some cases, the employee is also obliged to perform certain actions, for example:

issue;
hand over the cases that were in his work.

These cases are not regulated by law, but in some cases, for example, when carried out, they are necessary.