Advice 1: How to amend work rules

Employers and employees of most modern businesses, both large and small, prefer to adopt the Rules of internal labour regulations document clearly regulating their relations in the course of employment. Over time you may need to make changes to this local regulation.
How to amend work rules
Instruction
1
The labour code of the Russian Federation defines that the Rules of the internal labour schedule - 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.
2
As a rule, local regulations approved in the enterprise an order or instruction of its head. According to article 190 of the labour code regulations internal labor 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.
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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.
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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.
5
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.
6
All the differences in the Protocol, but even with them, the head of the organization has the right to make changes in the Rules of the VTR, which may 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.
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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).
Note
The lack of an enterprise elective representative body of workers is not an obstacle to the adoption of the Rules of VTR and, if necessary, their additions and changes.
Useful advice
If the VTR rule changes entail changes in the terms of the employment contract, the employees must be informed at least 2 months before the entry into force of the amendments (articles 72,74 of the labour code).

Advice 2 : How to amend work rules

Employers and employees of most modern businesses, both large and small, prefer to adopt the Rules of internal labour regulations document clearly regulating their relations in the course of employment. Over time you may need to make changes to this local regulation.
How to amend work rules
Instruction
1
The labour code of the Russian Federation defines that the Rules of the internal labour schedule - 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.
2
As a rule, local regulations approved in the enterprise an order or instruction of its head. According to article 190 of the labour code regulations internal labor 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.
3
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.
4
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.
5
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.
6
All the differences in the Protocol, but even with them, the head of the organization has the right to make changes in the Rules of the VTR, which may 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.
7
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).
Note
The lack of an enterprise elective representative body of workers is not an obstacle to the adoption of the Rules of VTR and, if necessary, their additions and changes.
Useful advice
If the VTR rule changes entail changes in the terms of the employment contract, the employees must be informed at least 2 months before the entry into force of the amendments (articles 72,74 of the labour code).

Advice 3 : How to change the rules of labor regulations

Rules for labour regulations of the organization are dened in the internal rules of conductthat are regulated by normative act in accordance with the Labour code. Rules apply to all employees of the organization without exception. Unified rules of the labor schedule does not exist, the law stipulates only the rules with which they must comply.
How to change the rules of labor regulations
Instruction
1
Competent formulation of innovations, coordination of changes with the labor collective Council and approval by management.
2
Originally adopted in setting up the rules of the labour schedule must be approved by the Director's signature in the top corner of the title page, the publication of a supplementary order is not required. To the development of rules involved representatives of the labor collective Council or the finished draft of the rules is agreed prior to the approval of the Director.
3
The competence of the labor collective Council to conduct negotiations with a view to initiating changes in the work schedule. That is independently to make any changes , the Council is not entitled, but he may put forward the demand to the employer, who must take into account the opinion of employees upon adoption of the amendments to the rules of labor regulations.
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To make changes in the approved rules, it is necessary to formulate the additions and changesthat will be made to the basic text in a separate document. Then agree on innovations with representatives of the Council and publish the order or the order on introduction of changes to the rules in effect.
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Another way of amendment to adopt new rules in another edition. In this case, make a new document with all of the innovations. But you must then publish the order to abolish the previous rules and the decree on the adoption of new rules of labor regulations.
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The rules from the date of their adoption and enter into force, or in the rules is the day of the entry into force and then the day indicated in the order. Often changes in rules come into force some time after the approval of the leadership. During this time, it can occur any changes in legislation that may be contrary to the amended rules of labor regulations. It is therefore necessary to consider this point and to include in the change the paragraph says that if the rules are in conflict with the law, it should apply, legislative provisions prior to the adoption of new rules for labour regulations, or adopt new changes to them.
Note
In the case of a dispute, the employer still has the right to adopt rules or make changes, then they can appeal to the court or state labour Inspectorate.
Useful advice
The amended rules should be placed on the Bulletin Board to make them familiar to all employees.
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