Tip 1: How to amend the rules of internal labor regulations
The Labor Code of the Russian Federation stipulates that the Rules of Internal Laborroutine - a local normative act regulating, in accordance with the legislation, the procedure for the admission and dismissal of employees, the basic rights, duties and responsibilities of the parties to the employment contract, the mode of work, rest time, employee incentive measures, etc.
As a rule, local regulations are approved at the enterprise by the order or order of its head. According to Art. 190 of the Labor Code of the Russian Federationroutine (hereinafter referred to as the "BAT Rules") are approved by the employer taking into account the opinion of the representative body of employees, if such body exists in the organization.
The RF Labor Code clearly does not specify the procedure for making changes and amendments to the Rules of Military Technical Cooperation. Therefore, one should resort to this method of eliminating gaps in legislation as an "analogy to the law". That is, the BTR Rules change in the same order as they are accepted. And here two variants of the development of events are possible.
Option 1. The rules of BAT are adopted in the organization as an independent local regulatory act. In this case, they are approved, as well as supplemented and modified in the manner provided for in Art. 372 of the LC RF. So, in the elected body of the primary trade union organization, the employer sends a draft of changes and justification for it. A motivated opinion on the draft in writing is submitted to the employer no later than five working days from the date of receipt of the project.
In the event of a disagreement between the trade union body and the draft amendments to the BTT rules, the employer may agree to the modification proposed by this body or conduct additional consultations with the elected body of the primary trade union organization of workers in order to reach a mutually acceptable solution.
All disagreements are formalized by the protocol, but even with their presence, the head of the organization has the right to acceptchange in the Rules of Military Investigation, which may be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate, to the court or to begin the procedure of a collective labor dispute in the procedure established by this Code.
Option 2. If the Rules of Military Technical Cooperation are an annex to the collective agreement (they are an integral part of it), then they should be amended and supplemented in orderchange and additions to the collective agreement (Article 44 of the LC RF).
Rules of internalroutine Is a normative act regulating the relations between the employer and the employee in accordance with the provisions of Article 190 of the Labor Code of the Russian Federation, the collective labor contract and the Charter of the firm. The document is developed by the administration of the enterprise in conjunction with the trade union organization or other representative body of the work collective. The rules regulate the rates of payment and labor protection, labor regime, discipline, guarantees and compensation for employees of the enterprise. Amendments to the rules of internalroutine can be held at the initiative of the employer under Art. 74 TC RF, but in most cases, the orderchange rules does not differ from the order of adoption. The basis may be the change of technological or organizational working conditions and, as a consequence, the impossibility of the parties observing the terms of the employment contract.
Make an order to amend the rules of the internalroutine with an exact description of each item to be adjusted. The document must be signed by the head of the enterprise and the authorized representative of the labor collective.
Before the issuance of the normative act in the new edition, notify the employees of the company about thechange in writing. In accordance with the requirements of Art. 72 and 74 of the LC RF do this no later than two months before the entry into force of the new rules of the internalroutine .
Prepare and endorse a new version of the Internalroutine By the time the changes come into effect.