Familiarization with documents against signature in labor relations. Familiarization with local regulations when applying for a job The employee’s right to familiarize himself with documents

Working in an organization, it is unlikely that anyone will be able to avoid the procedure of becoming familiar with its internal documents. Moreover, it is important to get acquainted with them not only because the employer requires it, but also because it will not be superfluous for the employee to learn and understand the “rules of the game” in the company. After all, the order of interaction between employees when carrying out business processes in each organization is different, and it depends on many factors, including organizational, legal, and economic. In the article we will tell you what basic documents of the organization the employer must familiarize the employee with, as well as in what way, in what time frame he needs to do this, and how he will be held accountable before the law if he does not comply with the established requirements for familiarization with the documents.

What documents do we introduce?

As you know, when hiring an employee, even before concluding an employment contract, an employer must familiarize him with the basic documents related to his work. So, in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, the employee must sign the following:

— internal labor regulations;

- other local regulations directly related to his work activities;

- collective agreement.

At first glance, it may seem that the list of documents is small, but if you look at it, it is far from exhaustive. So, with the internal labor regulations (ILR), everything seems to be clear: this local regulatory act must be developed and approved in any organization. PVTR, as a rule, regulate labor and other directly related relations between employees and the organization, and they are aimed primarily at the rational use of working time, strengthening labor discipline, and forming a cohesive team of workers.

Collective agreements, unlike PVTR, are not available in all organizations (mainly in large companies). It regulates social and labor relations and is concluded between employees and the employer.

As for other local regulations (LNA) directly related to the work activity of the employee, their list in each organization is different and depends on many factors: the complexity of the organizational structure, the number of employees, types of economic activities, the degree of implementation of office management and document flow rules in daily activities, and etc.

Guided by Art. 8 of the Labor Code of the Russian Federation, employers adopt LNA containing labor law norms, within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements.

Some organizations, especially small businesses, have only mandatory local regulations. These mainly include:

— internal labor regulations (Article 189 of the Labor Code of the Russian Federation);

— rules (instructions, regulations) on labor protection (Article 212 of the Labor Code of the Russian Federation);

— a document establishing the procedure for processing personal data of employees, as well as their rights and obligations in this area (clause 8 of Article 86 of the Labor Code of the Russian Federation); — regulation on the protection of personal data;

- local regulatory act establishing wage systems (Article 135 of the Labor Code of the Russian Federation), - regulations on wages.

In most companies representing medium and large businesses, the following LNA can be approved, which the employer must also familiarize employees with, although the law does not require them:

— regulations on structural divisions;

— job descriptions;

— regulations on the general director;

— personnel regulations;

— regulations on bonuses;

— regulations on business trips;

— provisions on disciplinary liability;

— provision on financial liability;

— regulations on employee certification;

— provision on trade secrets;

— regulations on information security;

— instructions for office work;

— other local regulations taking into account the specifics of the organization’s economic activities.

In addition to the LNA, there are a number of documents that should also be familiarized to employees under personal signature in certain cases, however, after the conclusion of the employment contract - in the process of working in the organization. These include:

— shift schedules (Article 103 of the Labor Code of the Russian Federation);

— payslips (Article 136 of the Labor Code of the Russian Federation);

— orders on the application of disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation);

— documents on personnel records. Let us recall that until January 1, 2013, unified forms of documents for personnel records were used everywhere, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1. However, in connection with the entry into force of the Federal Law dated December 6, 2011 N 402-FZ “On Accounting” the use of these document forms has become optional. Thus, organizations can independently approve the forms of documents for personnel records;

— orders (instructions) on core activities related to specific employees;

— acts recording actions in relation to a specific employee, etc.

Please note that the obligation to familiarize the employee with certain documents lies with the employer. As a rule, a human resources specialist acts on behalf of the employer in this matter. And although it is usually not difficult for them to familiarize employees with certain documents due to the fact that this is their direct responsibility, at the same time, they also have many questions, which we will discuss further. It must be said that in some cases, heads of structural units or other authorized persons can familiarize employees with certain documents. It should be borne in mind that this should be stated in their job description and/or order (instruction) of the employer.

For your information. If the LNA undergoes changes or additions and affects the terms of the employment contract determined by the parties, then the employer must familiarize the employee, under his personal signature, with these changes in the same manner as during the initial familiarization.

Who are we introducing?

An important question is who should be familiarized with certain documents. For example, familiarizing employees with the organizational and administrative documents and personnel records listed above can rarely cause difficulties for HR specialists, since in most cases the employees listed in the text of the documents themselves must be familiar with them.

As for familiarization with LNA, in this case many questions arise. Therefore, next we will talk specifically about familiarizing workers with LNA. For example, often the employer does not delimit the circle of “introducers”. Thus, most often people can be mistakenly familiarized with LNA:

— employees whose work is not affected by the provisions of this LNA;

— persons working under outsourcing or outstaffing conditions;

— persons providing services or performing work under civil contracts (paid services, contracts, etc.);

— employees of contractors, partners of the organization, etc.

Perhaps, in rare cases, it would be useful to familiarize “outsiders” with a certain LNA (for example, a provision on information security or a provision on a trade secret). This is especially true when they carry out activities on the employer’s premises. However, it must be understood that if they violate the requirements of the LNA, legal consequences will most likely not occur, because the purpose of such familiarization is only to inform an “outsider” about the rules of behavior and interaction between employees in a given organization.

Meanwhile, the law provides that, firstly, employees of the organization must be familiar with the LNA, and secondly, the provisions of the LNA must be directly related to their Labor activity.

For example, only financially responsible persons should be familiarized with the provision on financial liability, that is, those who can be held financially responsible on the basis of law or contract. And only HR department employees should be familiar with the regulations on the HR department.

In this context, the question may arise: what if the employee refuses to get acquainted with the LNA associated With his work activity? In practice, such cases are not uncommon. For example, most often, employees may refuse to “familiarize themselves” with the job description, reserving the right to challenge the disciplinary sanctions applied to them, including dismissal on culpable grounds, due to failure to fulfill their job duties.

And it happens that financially responsible persons refuse to sign an agreement on full financial responsibility and become familiar with the provisions on financial responsibility, which the author witnessed at one time. In this case, the financially responsible person, although according to the law he was classified as such, did not want to take on such responsibility.

If an employee refuses to familiarize himself with the LNA, then the choice is up to the employer: either not to insist on familiarization, understanding that the provisions of the LNA will not apply to such an employee, and to take all the risks associated with failure to familiarize himself, or to convince the employee of the obligation to familiarize himself with LNA. If this fails, apply disciplinary action appropriate to the situation.

How do we introduce each other?

The procedure and methods for familiarizing employees with personnel and organizational and administrative documents generally do not raise questions. The employee puts his signature and initials in the appropriate column of the document.

As for the procedure and methods for familiarizing yourself with LNA, given that this issue is not regulated by labor legislation, practice develops according to the principle “how many specialists - so many opinions.” As we have already noted, the law requires that the employee be familiarized with the LNA “against signature,” that is, with a personal, or handwritten, signature. Meanwhile, a fair question arises: where exactly to put this signature?

Today, there are many ways to familiarize yourself with LNA “under signature”, used in practice by HR specialists:

1) affixing signatures and dates of familiarization by employees on the LNA familiarization sheet attached to the LNA and stapled together with it (see example 1);

2) affixing signatures and dates of review by employees in a special report card or journal<1>, containing a list of LNA (see example 2 and example 3);

3) affixing signatures by employees on the sheet of familiarization with the LNA attached to the employment contract (indicating in the text of the contract that before signing the employment contract, the employee was familiar with all LNA specified in the appendix to it) (see example 4).

Example 1. Sheet for employees to familiarize themselves with the Internal Labor Regulations.

Sheet for familiarization of employees with the Internal Labor Regulations of Business LLC, approved by Order of Business LLC dated November 10, 2014 N 12-k (put into effect on November 10, 2014)

Example 2. Fragment of a log of employees familiarizing themselves with local regulations.

Example 3. Fragment of the log of familiarization of employees with local regulations.

Example 4. Familiarization sheet with local regulations.

Appendix No. 1

to the employment contract dated November 10, 2014 N 34-t

Familiarization sheet with local regulations

Before signing the employment contract, the Employee is familiar with the following local regulations of Business LLC:

For your information. If a person applying for a job needs to be familiarized with a personal document related to one or more employees (for example, with a job description), it is more advisable to do this by putting signatures on the document itself and receiving a copy of it.

For your information. A remote worker can be familiarized with LNA directly related to his work by exchanging with him electronic documents with an electronic digital signature (Part 5 of Article 312.1, Part 5 of Article 312.2 of the Labor Code of the Russian Federation, Article 6 of the Federal Law of 04/06/2011 N 63-FZ “On Electronic Signature”).

It happens that in large organizations with a large number of personnel, especially if they have many separate divisions located in different regions, difficulties arise with personal familiarization of employees with LNA. Personnel officers in such organizations try to familiarize employees by sending LNA by e-mail or posting it on a page on the Internet or on the Internet, on information boards, in corporate publications, etc.

The listed methods of familiarizing employees with LNA do exist, but most likely they will be of an additional nature. After all, if an employee becomes familiar with the LNA by reading it on the information board, or completely ignores it, then if it is necessary to provide evidence of this employee’s familiarization with the LNA, there will be no such evidence.

Accordingly, if the employee is not familiar with the LNA, then in the event of a violation, the employer will have no grounds to hold him accountable. For example, if an organization has a provision on trade secrets, which for some reason was not made known to employees, then in the event of disclosure of a trade secret there can be no claims against employees. And vice versa: if employees were properly familiarized with this provision, then if information classified as a trade secret, under certain conditions, gets out through the fault of a particular employee, he can be brought to disciplinary and civil liability for disclosing information constituting a trade secret.

When?

As we have already said, the employer familiarizes employees with the LNA before concluding an employment contract, and with the remaining documents after its conclusion. But, of course, the employer does not always follow this procedure flawlessly. Often, the fact that employees are not familiar with the LNA becomes known when a conflict situation arises, in which the employer, in order to avoid unpleasant precedents, will try to familiarize all other employees with such a document in an accelerated manner, retroactively.

Is this legal? Of course not. However, when an employee signs when familiarizing himself with the LNA after concluding an employment contract, indicating the date of familiarization prior to the date of conclusion of the employment contract, it is hardly possible to prove that he did not familiarize himself with the LNA on time. As a general rule, the employee will be subject to the provisions of the LNA from the moment he becomes familiar with it. Let's consider a case from practice.

Arbitrage practice. The employee filed a claim against the organization for the cancellation of disciplinary sanctions and compensation for moral damage. In support of the stated requirements, she indicated that she had been working in the organization as a sales representative since August 2009. In January 2010, she was disciplined in the form of a reprimand for failure to submit primary reporting documents on time, and in February 2010 - to disciplinary liability in the form of a reprimand for failure to work with accounts receivable and failure to fulfill the sales plan. The plaintiff considers these disciplinary sanctions illegal, since the employer did not instruct her to obtain primary reporting documents from buyers, she was not familiarized with her job responsibilities, and she was not given instructions on working with accounts receivable. In particular, she was not familiar with the job description of the sales representative, and she was familiarized with the regulations for managing receivables a month after she was brought to justice.

The requests to cancel the above orders were satisfied by the court. He made the following conclusions:

- in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee, under his personal signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement. During the trial, the defendant did not provide admissible and reliable evidence confirming the fact that the employee had familiarized herself with the job description of the sales representative and with the regulations for managing receivables before making a decision to bring her to disciplinary liability for failure to fulfill her job duties;

- under such circumstances, disciplinary sanctions for failure or improper performance by an employee, through his fault, of the labor duties assigned to him were applied to the employee in violation of the law. The plaintiff was not familiar with the official responsibilities assigned to her in accordance with her position as a sales representative: the obligation to receive primary reporting documents from buyers and to work with receivables within the prescribed period, and was also not familiar with the established sales plan (Determination of the Moscow Regional Court dated 09/16/2010 in case No. 33-15865).

In addition, new LNAs, approved and put into effect in the prescribed manner in the course of business activities, must also be brought to the attention of all employees whose work activities they affect, in the manner specified in the LNA or the order of the employer. At the same time, familiarization with persons who are currently on vacation, business trips, sick leave, etc. is usually carried out on the first day of their return to work.

Who is responsible?

The obligation to familiarize employees, under personal signature, with accepted personal information directly related to their work activities lies with the employer. Therefore, based on para. 10 hours 2 tbsp. 22 of the Labor Code of the Russian Federation, in case of failure to comply with this obligation, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine: for officials in the amount of 1,000 to 5,000 rubles, for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to ninety days.

For your information. When considering cases of prosecution under this article of the Code of Administrative Offenses of the Russian Federation, it is understood that the LNA must comply with current legislation, be approved and put into effect in the prescribed manner and be applicable to labor relations. The procedure for its acceptance must be followed. Accordingly, a punishment applied on the basis of an illegally adopted LNA or LNA, the provisions of which are contrary to current legislation, can be challenged by the employee in court.

By the way, this liability can be applied to the employer for violation of other norms of labor legislation, including failure to familiarize the employee with other documents, familiarization with which the law obliges the employer. Meanwhile, the fact of violation of labor legislation can also be established during an inspection of the employer by authorized government agencies. Let's consider a case from practice.

Arbitrage practice. In connection with the employee’s appeal to the State Labor Inspectorate about violation of labor legislation by the organization during his dismissal, the inspectorate conducted an inspection, during which it was established that the employer, in violation of paragraph. 5 hours 2 tbsp. 57 of the Labor Code of the Russian Federation did not include in the employment contract with an employee when hiring him for the position of a delivery driver a mandatory condition on additional payments, allowances, and incentive payments. The State Tax Inspectorate found the organization guilty and fined it 50 thousand rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The employer went to court to challenge this decision.

During the trial the following was established. In accordance with Art. 168.1 of the Labor Code of the Russian Federation, employees whose permanent work is carried out on the road or have a traveling nature, as well as employees working in the field or participating in work of an expeditionary nature, the employer reimburses expenses associated with business trips. The amount and procedure for reimbursement of such expenses, as well as the list of jobs, professions, and positions of these employees are established by a collective agreement, agreements, and local regulations. The amount and procedure for reimbursement of these expenses may also be established by the employment contract.

The representative of the organization argued that the organization familiarized the employee with local regulations, which was recorded in the employment contract and signed by the employee. But this argument was rejected by the court, since from the employment contract with the forwarding driver found in the case materials, it follows that the employee is familiar with the job description, internal labor regulations and rules for transporting goods by road and other local regulations. The case materials do not contain information that he was familiar with the employer’s order “On reimbursement of expenses associated with the traveling nature of work.” No evidence was presented to the court confirming familiarization with the specified local act.

On this basis, the court upheld the decision of the state labor inspector with changes only in part of the imposed administrative penalty. Thus, the fine was reduced to 30,000 rubles. (Decision of the Moscow Regional Court dated June 24, 2014 in case No. 21-590/2014).

Thus, in almost all cases, what matters is the fact that the employee familiarizes himself with certain documents by putting a handwritten signature by the employee - be it on a familiarization sheet, a special journal, an employment contract, etc. This is the only way to prove that the employee is familiar with the document, which will not allow him to manipulate the feedback information.

What does the employee’s handwritten signature in the familiarization column mean? What are the consequences of signing? We'll look into it in the article.

From the article you will learn:

How can an employer confirm that an employee has read local regulatory act or an administrative act issued in relation to him, and understood its meaning and content? After all, a lot depends on whether the employee is familiar with such acts and whether he understands what the employer wants. In particular, the ability to demand the execution of this act, the ability to control the result, etc.

The simplest and most logical way to confirm that the employee has seen the document is to have his personal signature. This method has been developed by business practices and customs for a long time, and it is successfully applied.

At the same time, it is important that the employer has evidence that the employee signed a signature in confirmation of a specific fact. In other words, an ordinary signature on a blank sheet of paper will not be enough; any regulatory authority, and even the employee himself, can easily challenge that the signature was placed in connection with other circumstances, but not in confirmation of the fact of familiarization.

Thus, familiarization against signature (or under signature– these concepts are identical) in labor relations means the procedure for bringing the contents of a document to the attention of the employee and recording the fact of such an action. Similar familiarization procedures are used not only in labor law. For example, in procedural relations, where the court acquaints the participants in the process with their rights, in criminal law, where the witness gets acquainted with the contents of the drawn up protocol, in administrative law - when familiarizing himself with the decision made, in corporate law, in civil law. In almost all industries where written documents are drawn up that affect the rights and interests of individuals, it is necessary to record the facts of bringing their content to the attention of people, i.e. familiarization with documents for signature.

Familiarization procedure

In order to undergo the procedure of familiarizing yourself with the document, you must:

• prepare this document in a form suitable for review. This is either a paper version, or (if the company uses electronic document management) electronic version of the document
• provide the opportunity to familiarize yourself (transfer for reading or provide access to the electronic version);
• draw up a document to record the fact of communication.

Fixation methods

The law does not require what document a visa must be stamped on to confirm that it has been read.

Practice has developed several approaches.

1. Endorsement confirming familiarization on the document itself. This is convenient for short documents, such as orders, instructions, notices, subpoenas, etc. For endorsement, a separate stamp is drawn up, where the person puts his own signature, and the stamp clearly indicates that the signature is affixed to confirm familiarization.
2. Endorsement on a separate sheet, which is an integral part of the document. In this method, it is important that the sheet contains information about which specific document it relates to. In this case, familiarization with the documents against signature will be legal.
3. Signing in magazines specially created for review. In this way, you can introduce employees to numerous local regulations. Journals are convenient because they are issued in relation to several documents at once.

If you meet the requirements, then all the indicated methods are equivalent in legal consequences. The presence of a signature means the fact of reading the document, understanding its essence and the presence of legal consequences arising from it for a specific person (or organization, if a representative of a legal entity is familiar with the document).

There are no unified forms or approved forms for such sheets and magazines; you will have to develop them yourself or use the experience of others.

Let's consider individual options for familiarization.

Orders

Familiarization with orders against signature occurs, as a rule, in the simplest way - by affixing visas to the document itself. This is the most common option. But no one bothers you to use other methods - by drawing up a familiarization sheet (possibly in in electronic format) or magazine.

Familiarization with the order against signature may look like this: on the order, after the manager’s signature, the following inscription is affixed: “I have read the order,” followed by the employee’s personal signature and the date (if it is important). The decoding of the employee’s full name can be done in advance or written down by the employee himself. This does not play a legal role.

Instructions

Familiarization with instructions against signature often occurs using magazines. This is due to the fact that there are quite a lot of instructions; a newly hired employee, as a rule, becomes familiar with a large number of different local acts, including instructions. It is more convenient to do this using a separate journal. When changes are made to instructions, a separate column may be provided in the journal to record the fact that such changes were brought to the attention of employees.

As already mentioned, it is necessary to familiarize yourself with documents not only in labor relations. As an example, informing parents for signature with the rules of the preschool institution or local regulations of the school, with notification of the possibility of vaccination, etc.

Features in electronic document management

Many organizations are moving to electronic document management, including personnel. Nobody bothers you to combine an electronic document and a paper version of confirmation of its reading. But if electronic information is also used, one must remember the risks. Of course, they can be minimized if you use an electronic analogue of a handwritten signature. But if you focus on the fact of opening a document from a specific PC, then there is a risk that these actions may not be performed by the person whose knowledge is required.

Thus, it is advisable when using electronic document management to take care of minimizing various risks, which modern software can do.

Question :

Labor legislation does not regulate the procedure for familiarizing an employee with the local regulations of an organization.

The employer may use any method of familiarization with employees that requires the employee’s confirmation signature.

It would also be legal to use a familiarization sheet (annex to the employment contract), which will list all local regulations with which the employee is familiar.

Legal basis:

The Labor Code of the Russian Federation does not contain a legal definition of the concept of a local regulatory act.

In the theory of labor law, local regulations are understood as acts adopted by the employer, which contain rules of conduct designed for repeated application to an indefinite number of persons.

Almost all employers have the right to adopt such acts (Article 8 of the Labor Code of the Russian Federation), with the only exception being employers who are individuals (not entrepreneurs).

In accordance with Part 2 of Art. 22 of the Labor Code of the Russian Federation, all employees of the organization must, upon signature, be familiarized with the local regulations of the enterprise directly related to their work activities.

In addition, before signing an employment contract, the employer is obliged to familiarize the employee with local regulations directly related to his work activity (Part 3 of Article 68 of the Labor Code of the Russian Federation). The following documents are required for review:

• internal labor regulations (part 3 of article 68 of the Labor Code of the Russian Federation);
• rules for storing and using personal data of employees (Article 87 of the Labor Code of the Russian Federation);
• regulations on remuneration (Article 135 of the Labor Code of the Russian Federation), if such a section is not included in the internal labor regulations;
• rules and instructions on labor protection (Article 212 of the Labor Code of the Russian Federation).

The job description is not specified by labor legislation as a mandatory local act of the organization. At the same time, it is an important document that regulates not only the employee’s labor function, the range of his job responsibilities, the limits of responsibility, but also the qualification requirements for the position held (Letter of Rostrud dated October 31, 2007 N 4412-6). Therefore, it is recommended to familiarize those hired with the job description.

In addition, hired employees should be familiarized with the following local regulations (if they exist in the organization):

• collective agreement;
• regulations on social security of employees;
• information security regulations;
• provisions on trade secrets;
• provision on financial liability of employees for damage caused to the employer;
• document flow regulations;
• regulations on inventory of inventory items;
• a written agreement on the full individual or collective (team) financial responsibility of the employee;
• other documents.

It should be noted that labor legislation does not regulate the procedure for familiarizing employees with local regulations and methods for recording the signature of employees. The employer has the right to use any methods of familiarization convenient for him.

For example, the fact that employees are familiar with local regulations can be confirmed in the following ways:

The employee's signature on the familiarization sheet. As a rule, the familiarization sheet indicates the surname, first name, patronymic of the employee and the date of familiarization. This sheet is attached to each local regulatory act, numbered, stitched and sealed and signed by the official.

The signature of the employee in a special journal for familiarizing employees with local regulations. Unlike the familiarization sheet, this magazine may provide the opportunity for employees to familiarize themselves with several local regulations.

The employee’s signature on the familiarization sheet, which is an appendix to the employment contract, which may list all local regulations that the employee is familiar with.

A remote worker can be familiarized with local regulations of the organization directly related to his work by exchanging electronic documents with an electronic digital signature. This follows from the set of norms: Part 5 of Art. 312.1, part 5 art. 312.2 Labor Code, art. 6 of Federal Law dated 04/06/2011 N 63-FZ.

It must be remembered that failure to familiarize employees with local regulations is a violation of labor and labor protection legislation and may entail administrative liability for the employer under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Before signing an employment contract, the employee must be familiarized with local regulations directly related to his work activity (Part 3 of Article 68 of the Labor Code of the Russian Federation). The following documents are required for review:

— internal labor regulations (part 3 of article 68 of the Labor Code of the Russian Federation);

— rules for storing and using personal data of employees (Article 87 of the Labor Code of the Russian Federation);

— provisions on remuneration (Article 135 of the Labor Code of the Russian Federation), if such a section is not included in the internal labor regulations;

— rules and instructions on labor protection (Article 212 of the Labor Code of the Russian Federation).

Documents that the employee should be familiarized with, if available in the organization:

- job description. This document is developed by the organization if there is no specific reference to the employee’s job responsibilities in the employment contract and should be an integral part of the employment contract;

- collective agreement;

— regulations on social security of workers;

— regulations on information security;

— provision on trade secrets;

— provisions on financial liability of employees for damage caused to the employer;

— regulations on document flow;

— regulations on inventory of inventory items;

— a written agreement on the full individual or collective (team) financial responsibility of the employee;

- other documents.

The organization develops local regulations independently, taking into account the direction of its activities. So, for example, a local regulatory act may establish the duration of daily work of creative workers in the media and theaters (Article 94 of the Labor Code of the Russian Federation), and if the work is of a special nature, the division of the working day into parts (Article 105 of the Labor Code of the Russian Federation).

A remote worker can be familiarized with local regulations of the organization directly related to his work by exchanging electronic documents with an electronic digital signature. This follows from the set of norms: Part 5 of Art. 312.1, part 5 art. 312.2 Labor Code of the Russian Federation, art. 6 of Federal Law dated 04/06/2011 N 63-FZ.

1.1. Mandatory job description

The Labor Code of the Russian Federation does not contain norms providing for the employer’s obligation to draw up and maintain job descriptions (hereinafter referred to as JI). However, in the letter of Rostrud dated October 31, 2007 N 4412-6, job descriptions assign an important place in determining the employee’s labor function, his job responsibilities, the limits of responsibility, as well as the qualification requirements for the position held.

A number of departments have issued orders establishing the rules for the development, approval and operation of job descriptions (Order of the Federal Penitentiary Service of Russia dated 06/05/2008 N 379).

Important! A reference to the job description must be indicated in the employment contract (for example, “the employee is required to prepare monthly sales reports, as well as perform other duties in accordance with the job description, which is an annex to this employment contract and an integral part of it”). This will avoid listing all responsibilities in the employment contract.

When the employee subsequently signs an instruction, the absence of a reference to the DI in the contract may lead to the need to record a change in the labor function in an additional agreement and order. For example, an employment contract specifies the responsibilities related to a specific position. The job description (in the form of a separate document), which the employee is asked to sign, defines responsibilities that are not in the employment contract and cover a wider field of activity for the position for which he is hired. In this case, there is a fact of a change in the terms of the employment contract determined by the parties. Such a change must be confirmed by an additional agreement of the parties and an order to transfer the employee to another position, providing for responsibilities different from those specified in the employment contract.

The unified form in accordance with which the job description is developed is not regulated by the legislator. If the employment contract defines all the employee’s functions, then there is no need to additionally draw up a job description.

When developing a job description, you can take as a basis the qualification characteristics specified in qualification reference books for areas of activity, including the Qualification Directory of Positions of Managers, Specialists and Other Employees (approved by Resolution of the Ministry of Labor of Russia dated 08/21/1998 N 37).

A job description is usually drawn up in two ways:

— an appendix to the employment contract (its integral part);

- a separate document. At the same time, it must be borne in mind that the employee’s refusal (during the work process, after concluding an employment contract) to sign such an instruction is lawful.

If the job description defines other, expanded responsibilities for the position, then in fact there is a change in the terms of the employment contract, which, according to Art. 72 of the Labor Code of the Russian Federation must be formalized by an additional agreement.

A job description in the form of a separate document is a local regulatory act of an organization (enterprise). It is not an agreement between employer and employee. Therefore, if the duties specified in this instruction, which is not signed by the employee, are not fulfilled, penalties cannot be applied to him, since such a document is not an annex to the employment contract, and the employee is not obliged to perform functions not provided for by the employment contract or agreement thereto.

If the job description is an annex to the employment contract, then it is drawn up in two copies - one copy for each of the parties signing the contract. The employment contract and job description are drawn up in a single document, i.e. all sheets are numbered, stitched and sealed with the seal and signature of an official. This procedure will help to avoid disagreements regarding the issue of familiarizing the employee with the employment contract and its annex.

If a job description is issued in the form of a separate document, controversial situations may arise regarding its use as a document defining a complete description of the employee’s job function. Presentation of a job description (in the form of a separate document) as confirmation of established responsibilities that differ from the responsibilities defined in the employment contract can serve as evidence of a change in the employee’s job function. Changing the terms of the contract entails the mandatory execution of all documents necessary in this case (additional agreement and order). Therefore, it is not recommended to draw up a job description as a separate (independent) document.

1. Confirmation that the employee is familiar with local regulations when hiring

The fact of familiarization with local regulations is confirmed by the employee’s signature on the familiarization sheet indicating the last name, first name, patronymic, date of familiarization and affixing a personal signature. The local regulatory act, together with the familiarization sheet, is numbered, stitched and sealed with the seal and signature of the official.

In addition, a note of familiarization can be made in the employment contract.

1. Responsibility of the employer for failure to fulfill the obligation to familiarize the employee with local regulations when hiring

For failure to comply with the established part 3 of Art. 68 of the Labor Code of the Russian Federation, the employer (organization, individual entrepreneur) or an official (for example, the head of an organization) may be brought to administrative liability in accordance with Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. For repeated commission of a similar offense, these persons may be subject to administrative punishment in accordance with Part 4 of Art. 5.27 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). Thus, the Decision of the Moscow Regional Court dated September 23, 2010 in case No. 33-18255 confirmed that the employer issued an order to impose a disciplinary sanction on the employee illegally. The court argued this conclusion by the fact that the employer did not familiarize the employee with the local regulatory act against signature, and therefore the latter should not be held liable for failure to comply with the norms established by this act.

The previous issue discussed the procedure for agreeing on a draft document with interested officials: types of approval, cases when it is necessary, the procedure for taking into account comments and additions made by specialists to the original version. In addition to the approval visa, the so-called familiarization visa is often used in business practice, which serves as written confirmation of the fact that the contents of the document were brought to the attention of the employee.

Written confirmation of the fact that the employee is familiar with a particular document is necessary for the employer to monitor the execution of certain instructions, and in some cases provided for by labor legislation, to prove the employer’s compliance with the written form of notification or warning to the employee, to confirm the employer’s compliance with certain procedures ( for example, procedures for bringing an employee to disciplinary or financial liability, dismissal for one reason or another, etc.).

Introduction visa

The need to obtain an familiarization visa also arises when a document is received from another organization, if officials must familiarize themselves with its contents in accordance with their official position and official responsibilities. To organize high-quality and timely implementation of internal orders, the contents of the document (order, instruction, etc.) must be familiarized to the employees responsible for its execution.

In some cases, it becomes necessary to familiarize several or all employees of the organization with the contents of a document (internal or received) (for example, employees must be notified of the introduction of new labor standards no later than two months before their introduction in accordance with the provisions of Part 2 of Article 162 of the Labor Code RF).

The familiarization visa is affixed to an official document, i.e. one that has already been signed, approved and entered into force.

Employees, having familiarized themselves with the contents of the document, apply for a familiarization visa, which begins with the words: “I have read the order (job description, regulation, protocol, act, etc.)”, includes the personal signature of the employee, its transcript (initials, surname) and date familiarization. For example:

If necessary, the familiarization visa may include the name of the employee's position. For example:

A peculiarity of obtaining a visa for familiarizing an employee with an order for personnel, developed according to a unified form, is the absence in it of such an element as the name of the position, since it is indicated in the text of the order. The visa for the employee to familiarize himself with the personnel order is located below the signature of the head of the organization.

For example, in the order for hiring an employee (unified form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated 01/05/04 No. 1), the employee’s familiarization visa is issued as follows:

If it is necessary to familiarize a large number of employees with a document, it is allowed to attach a separate sheet to it for processing all the necessary familiarization visas (familiarization sheet).

For example, a sheet for familiarizing employees of an organization with the Internal Labor Regulations can be drawn up in tabular form and attached to the document.

To obtain visas for employees of an organization to familiarize themselves with the local regulations of the employer, special accounting forms may be used. In this case, employees, after familiarizing themselves with the contents of a document, issue a familiarization visa not on the document itself or in an appendix to it, but in a separate form. For example:

Recruitment

Special rules for familiarizing employees with the employer’s documents are provided for by labor legislation for hiring. So, in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, before signing an employment contract, the employer is obliged to familiarize the person applying for work with the internal labor regulations, other local regulations directly related to the employee’s work, and the collective agreement. The law does not establish the form and procedure for an employee to familiarize himself with the necessary documents of the employer. Only two basic requirements have been established: familiarization must be done against signature and before signing the employment contract.

Such written familiarization with the documents before signing the contract can be done in the ways indicated above (issuance of familiarization visas in appendices to documents or in special accounting forms). To comply with the specified requirement of Part 3 of Art. 68 of the Labor Code of the Russian Federation, we can also offer the following design option: draw up a list of documents that the employee must be familiar with, bring each document to his attention, issue visas to familiarize himself with each document. Subsequently, attach the completed list to the employment contract concluded with the employee, indicating (by hand) the date and number of the contract.

In some cases, the employee must not only familiarize himself with the contents of the document, but also receive a copy in hand. So, due to the requirements of Part 1 of Art. 67 of the Labor Code of the Russian Federation, the employee’s receipt of a copy of the employment contract must be confirmed by his signature on the copy kept by the employer. In practice, employers often provide employees with copies of notices of changes in working conditions, notices of the start of vacation, offers of transfer to another job, warnings of upcoming dismissal and other documents. In such situations, the familiarization visa affixed to the copy kept by the employer is supplemented by a note indicating that the employee received a copy of the document. For example:

Job description

A special situation arises with job descriptions of employees. If a job description has been developed for the position for which an employee is being hired, then upon hiring (before signing the employment contract), the employer is obliged to familiarize the employee with the job description against signature. Familiarization visas can be located on the last sheet of the document; there can be several such visas on one instruction, depending on the number of employees occupying this position.

Since each employee is directly responsible for fulfilling the requirements of the job description, it is necessary, after review, to give him a certified copy of this document. Although this is not provided for by regulations, it has been developed by practice and, in our opinion, justified. In this case, the employee will not be able to refer to the fact that he did not remember the content. Inspecting authorities or the court (in the event of a labor dispute) will not be able to present a claim to the employer that the contents of the job description were not brought to the attention of the employee.

It is advisable to confirm the fact that the employee received a copy of the document in writing, supplementing the familiarization visa with the words: “I received a copy of the job description.”

In conclusion, we note: in cases where the employer is obliged to familiarize the employee with a particular document against signature, and the employee refuses such familiarization and does not issue a familiarization visa on a copy kept by the employer, it is advisable to draw up an appropriate act. In some cases (for example, if an employee refuses to familiarize himself with an order to apply a disciplinary sanction against signature), the drawing up of such an act is expressly provided for by labor legislation.

The act must indicate that the employee was asked to familiarize himself with the document against signature, but he refused such familiarization, and the document was read aloud to the employee. On the document that the employee refused to familiarize himself with signature, below the space prepared for issuing the familiarization visa, a corresponding entry is made with a link to the executed document.

For example, in the case where an employee refused to familiarize himself with the dismissal order on the basis provided for in paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation (for repeated failure to fulfill labor duties without good reason, if there is a disciplinary sanction), the entry is made as follows: