Tip 1: How to make changes in work rules
The labour code of the Russian Federation defines that the Rules of the internal labor regulations — the local normative act regulating in accordance with the laws of the order of reception and dismissal of employees, basic rights, duties and responsibilities of the parties of labour contract, mode of operation, time of rest applied to workers of incentives and penalties, etc.
As a rule, local regulations approved in the enterprise an order or instruction of its head. According to article 190 of the labour code Rules of the internal labour regulations (hereinafter – the Rules TUE) approved by the employer taking into account opinion of a representative body of workers, if such a body exists in your organization.
The Labour code of the Russian Federation is not clearly defined procedure for making changes and additions to the Rules of VTR. Therefore here it is necessary to resort to such a reception address gaps in the legislation as the "analogy of law". That is, change the Rules of the VTR in the same order as accepted.And there are two possible scenario.
Option 1. VTR rules accepted in the organization as an independent local regulation. In this case they are approved, as well as expanded and modified in the manner prescribed by article 372 of the labor code. So, in the elected body of primary trade Union organization the employer sent the draft amendments and the rationale for it. Reasoned opinion on the draft in writing shall be presented to the employer no later than five working days from the date of receipt of the project.
In case of disagreement of the trade Union on the draft amendments to the Rules of VTR, the employer may accept suggested this on version changes or conducts further consultation with elected body of primary trade Union organization of employees in order to achieve a mutually acceptable solution.
All the differences in the Protocol, but even with them, the head of the organization has the right to take changes the Rules of VTR, which can be appealed to the elected body of the primary trade Union organization in the relevant state labour inspection in court or to initiate a collective labor dispute in the manner prescribed by this Code.
Option 2. If the Rules of VTR are annexed to the collective agreement (are its integral part), then to updates and changes they need in order changes and additions to the collective agreement (article 44 of the labour code).
House rules regulations is a normative act regulating the relations between employer and employee in accordance with the provisions of article 190 of the labour code, collective labour agreement and Charter of the company. The document is developed by the administration of the enterprise together with the trade Union organization or other representative body of the workforce. Rules reglamentary norms of payment and labour protection, working mode, discipline, guarantees and compensations for employees. Amendments to internal rules regulations could be held at the initiative of the employer according to article 74 of the labour code, but in most cases the order changes the rules are not different from the order of adoption. The basis may be the change of technological or organizational working conditions and as a consequence the impossibility for the parties to the employment contract.
Make an order for the amendments to the rules of the internal regulations with the exact description of each item to be adjusted. The document must be signed by the head of the company and the authorized representative of the labor collective.
Prior to the issuance of a normative act in the new wording will notify the employees about taken changes x in writing. In accordance with the requirements of article 72 and 74 of the labour code make it no later than two months before the entry into force of the new rules internal regulations .
Prepare and endorse a new version of the Rules of internal regulations by the time of the entry into force of the changes.