– used to collect signatures from employees confirming familiarization with local regulations.
When hiring (before signing an employment contract), the employer is obliged familiarize the employee with signature with internal labor regulations, other local regulations directly related to the employee’s work activity, and a collective agreement.
(Labor Code of the Russian Federation, Part III, Art. 68)
ABOUT composition of local regulations mandatory for every organization, the Labor Code of the Russian Federation states:
- When concluding employment contracts, HR specialists should, whenever possible, be guided by the names of positions, specialties, professions (indicating qualifications) included in staffing table organizations (Article 57 of the Labor Code of the Russian Federation);
- Having concluded an employment contract with the employer, the employee is obliged to comply with the rules in force in the organization internal labor regulations(Article 56,189,190 of the Labor Code of the Russian Federation);
- employees of the organization must be familiar with the documents establishing procedure for processing personal data workers, as well as about their rights and obligations in this area (clause 8 of Article 86 of the Labor Code of the Russian Federation);
- during shift work, each group of workers must work within the established working hours in accordance with shift schedule(Article 103 of the Labor Code of the Russian Federation);
- The order of granting paid leave is determined annually in accordance with vacation schedule(Article 123 of the Labor Code of the Russian Federation).
Along with the local regulations directly provided for by the Labor Code of the Russian Federation, the employer, carrying out local rule-making, can adopt other documents containing labor law norms necessary to solve emerging problems in relations with employees.
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“In the event of an inspection by the State Labor Inspectorate, how can we confirm that the employee is familiar with local regulations before signing the employment contract, and not after that?”
According to 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, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work, and the collective agreement. The job description, as a rule, is also a local regulatory act of the employer (in rare cases, it is an annex to the employment contract).
Some employees, after applying for a job, begin to be indignant that when they signed the employment contract they were counting on different working conditions, working hours, payment, a different composition and scope of duties, rights and responsibilities, that, knowing “everything”, they would not have applied for the job . It happens that after signing an employment contract, an employee no longer wants to sign local regulations and comply with them. To avoid unnecessary dissatisfaction and disputes, it is possible to familiarize the employee with exactly before signing with him an employment contract with the conditions established in the local regulations of the employer, the collective agreement.
The procedure for familiarizing yourself with local regulations is not defined by the Labor Code of the Russian Federation; in practice, there are various options:
Maintaining familiarization magazines with local regulations, in which employees put signatures confirming familiarization and indicate the dates of familiarization,
Familiarization sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization and the dates of familiarization (such sheets are stitched together with the local regulatory act).
When hiring an employee, the text of the employment contract may include a phrase stating that the employee, before signing the employment contract, is familiar with the local regulations of the employer, and these acts are listed.
As a rule, both magazines and familiarization sheets contain a column “Date of familiarization of the employee with the local regulatory act.” Some personnel specialists, when familiarizing an employee with local regulations, ask him to indicate not only the date, but also the time of familiarization (the column in the magazine or familiarization sheet is already called “Date and time of familiarization of the employee with the local regulations”), thus emphasizing compliance with the code’s requirement to that the employee must, before signing an employment contract, be familiar with the employer’s local regulations directly related to the employee’s work activity.
Accordingly, when signing an employment contract, the employee is asked to set the time. We do not object to such diligence, but we believe that it will be sufficient, when familiarizing an employee with the local regulations of the employer, to set a date of familiarization, and to include in the employment contract a phrase stating that the employee has become familiar with the local regulations of the employer (with a listing of these acts) before signing the employment contract ).
A certain procedure for familiarizing yourself with local regulations can be enshrined in such an act itself. Before familiarizing an employee with local regulations, you need to find out the familiarization procedure existing at your employer. It is important that the established procedure does not contradict the law. So, if you have established that employees are familiarized with local regulations orally or by posting them on a stand, then this procedure contradicts the requirement of Art. 67 of the Labor Code of the Russian Federation on familiarization of employees with signature with local regulations of the employer, therefore it is not legal.
The log of familiarization with local regulations is an internal document of the organization; it is not mandatory, but its use will help the employer comply with the requirements of the Labor Code, according to which it is necessary to familiarize employees with internal regulations.
Why do you need a log of familiarization with local regulations?
Norms Art. 68 Labor Code of the Russian Federation the employer is required to familiarize the company's employees with all local regulations (LNA) that are related to his work activities. Such familiarization must necessarily take place against the signature of the employee. Ignoring this requirement entails administrative liability for failure to comply with the requirements of labor legislation. No one wants to pay fines, so the familiarization process has to be formalized somehow. There are several ways to do this:
- draw up separate familiarization sheets and attach them to all Regulations, orders, contracts and other documents;
- put paintings directly on the LNA;
- start a special journal.
Orders for hiring, leave, dismissal and other personalized personnel documents are usually introduced “under signature” - with the receipt of a person’s confirming signature on the document itself. But with internal regulations that affect many people at once, the situation is more complicated, because if every person directly signs for them, there will be no free space left very quickly. Therefore, employers either create special additional sheets for signatures (which is inconvenient), or create one magazine for familiarizing employees with LNA. At the same time, in a large company with various departments and other structural units, where there is a constant movement of personnel, it is possible to issue such a book-type form separately both for each type of document and for departments or branches. Then all local acts will be in order and there will be no need to attach additional sheets to them.
Sample log of familiarization with local regulations
There is no approved form for such a journal. Since it is not mandatory or even recommended, legislators have ignored it. The introduction of this form into the organization’s document flow is aimed solely at simplifying the implementation of the requirements of the Labor Code of the Russian Federation and other laws. Therefore, it depends only on the employer how exactly he will resolve this issue. You will have to develop the necessary form yourself. The main thing is that it contains all local regulations that new employees should become familiar with. The generated form must be approved by order of the head of the organization.
There shouldn’t be anything difficult about filling out such a document. For example, it might look like this:
It is also not necessary to give it book form. These can also be individual sheets placed in a binder folder. There is no need to put any approval stamps on the title page, you can only put the start and end date of the entries.
Structure of the journal and its storage period
From the above example you can see that the log form is quite simple. Since there are usually many LNAs that must be introduced to organizations, it is necessary to allocate several pages for each of them. In this case, the structure of these pages will not differ and will contain the following columns:
- employee details (full name);
- position and department in the organization;
- date of approval (time, if necessary);
- personal signature of each employee.
If desired, the sheets can be numbered and stitched, but this is not necessary. The person responsible for maintaining such a journal is usually a human resources specialist or the manager himself, if the organization is small.
Separately, it is necessary to note the procedure and terms of storage of this document. This issue is also not regulated by law, so it must be determined by the organization itself. Most often, employers want to make it short, for example 5 years. This is a mistake, and in practice it is better to set longer shelf life. After all, many local acts have a permanent shelf life or are stored for at least 10 years. It is advisable that these periods do not differ from the period of storage of documents on familiarization with them. In addition, employees who were familiar with the LNA more than 5 years ago can continue to work in this organization and raise the issue of familiarizing them with certain standards. Without this document, it will be quite difficult to prove that the requirements were met.
Also, one should not forget about Order of the Ministry of Culture of the Russian Federation dated August 25, 2010 N 558, which directly states that all local regulations (regulations, instructions) on personal data of employees are documents of permanent storage. Therefore, it is advisable to establish the same requirements for the review log if it concerns personal data. In particular, you should always store local documents such as:
- Regulations on the structural divisions of the organization;
- Regulations on wages.
Therefore, if employees sign and get acquainted with these LNAs personally, the shelf life of the form confirming this fact should be similar.
Labor legislation establishes the obligation to familiarize newly hired employees with the local regulations that apply in the given organization.
How to carry out this procedure, in what form and in what time frame - we will outline below.
Ways to get acquainted
Each employee of the organization must be personally familiar with all local documents relating to his work activities.
Such documents include:
vacation schedule;
collective agreement;
staffing schedule;
job description;
bonus regulations;
internal labor regulations;
other documents accepted by the employer.
The fact of familiarization can be confirmed by the employee’s signature on a separate document, which may include:
an application that is part of the employment contract;
familiarization magazine. It is advisable to draw up this document when an employee is studying several acts;
a sheet of familiarization with local regulations and its sample. It occurs most often and is attached to each local act (this option is suitable for organizations with a small number of staff members).
Familiarization must occur before signing a contract with the employer. It does not matter in what form the employee was provided with LNA. This can be either a printed document or an email distribution used in large organizations.
If the employer violated the rules provided for by labor legislation and did not familiarize the employee with the necessary acts, then he may be brought to administrative liability.
In this case, the employer will face an administrative fine for violating the norms of the Labor Code of the Russian Federation, and if the offense is repeated, the amount of the fine will increase significantly.
Familiarization sheet with local regulations, sample filling
This document is an annex to the local act of the organization and includes the following information:
the header of the document indicates the name of the organization that adopted the act and its organizational and legal form;
the name of the act with which the employee will be familiarized before signing the employment contract;
This sheet is filled out by hand by the employee and is issued separately for each document. That is, if the organization has three local acts that relate to employees, their rights and responsibilities, then the employee must familiarize himself with the three acts and fill out three sheets of familiarization with them.
The same sheet can be drawn up not only for the regulatory act itself, but also for the employment contract. Its structure will not differ except that it indicates the number and date of the agreement to which it is attached.
The log of familiarization of employees with local acts contains several tables, each of which will relate to a specific act.
Below is a sample sheet for familiarizing yourself with local regulations, a version of which can be downloaded for free.
The Labor Code of the Russian Federation (Part 3, Article 68) establishes the employer’s obligation, even before hiring an employee, to familiarize him with local regulations (LNA), mandatory by law for all employees or necessary for his job function. However, the form and procedure for familiarization of employees is not provided for by law. Therefore, you can use any means of familiarization - the main thing is that this fact is confirmed by the signature of the employee.
When carrying out familiarization activities, the following points must be taken into account:
- The employee responsible for hiring must familiarize the applicant with all current personal identification documents before concluding an employment contract with him. Moreover, his signature is required in relation to both mandatory LNA (internal labor regulations, collective agreement, labor protection documents, regulations on personal data, remuneration), and those acts that are additionally adopted by the organization and directly relate to the activities of this employee (regulations on the branch , structural unit, document flow, trade secret, etc.).
- Employees must be introduced to new or amended personal identification documents in the order established by the order putting these documents into effect.
How to familiarize yourself with local regulations
In practice, enterprises use:
- affixing the employee’s signatures on familiarization in the employment contract;
- journal of familiarization with LNA;
- insert sheet in the employee’s personal file, etc.
As one of the possibilities, it is proposed to use a sheet of familiarization with LNA. It can be made an annex to the employment contract; in this case, if necessary, it will be easier to find the corresponding signature of the employee. Another option is an application to the LNA, which you will get acquainted with.
The sheet can be filled out manually or on the computer.
Why is it necessary to take the procedure of familiarizing employees with LNA so seriously?
- This is a direct responsibility of the employer, failure to comply with which is an administrative offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (see Resolution of the Supreme Court of the Russian Federation dated October 10, 2011 No. 4-AD11-8).
- The correctness of the procedure and the presence of the employee’s signature play an important evidentiary role in the event of disputes (appeal ruling of the Kostroma Regional Court dated October 21, 2013 in case No. 33-1782).
A sample sheet of familiarization with local regulations can be downloaded from the link: sample sheet for familiarization with LNA.
So, a familiarization sheet is one way to confirm that an employee knows the texts of internal regulatory documents. It is drawn up in free form. It is convenient to create one sheet of information either for a specific regulatory act (and keep with this act), or for an employee (and keep in the personal file).
Journal of familiarization with local regulations - sample its design is presented in our article. It may be needed both due to legal requirements and for objective reasons. What are the features of this document, we will consider further.
Why do you need a log of familiarization with local regulations?
In accordance with the provisions of Art. 22 and 68 of the Labor Code of the Russian Federation, the employer is obliged, upon signature, to familiarize employees, both new (hired) and already employed, with local regulations (hereinafter referred to as LNA), the jurisdiction of which affects their work activities.
In addition, according to paragraph 8 of Art. 86 of the Labor Code of the Russian Federation, employees must become familiar with the LNA that regulates the procedure for processing personal data in the company.
Important! Apart from the fact that familiarization of employees with LNA is the obligation of the employer company by law, the corresponding procedure is important from the point of view of legally establishing the employee’s responsibilities that are not provided for in the employment contract, job description and other regulations, but are critically significant when building labor relations between this employee and employer.
For example, if an employee has not read the provisions on trade secrets (typical of many LNA enterprises), the company will not have the right to make any claims against him regarding the leakage of secret information outside the enterprise. In turn, if the employee confirms with his signature his familiarity with the relevant LNA, the company will be able to hold him accountable.
The procedure for familiarizing employees with certain LNAs is not regulated by law. In practice, this can be accomplished by using the journal discussed in this article.
Journal structure
This document most often records:
- LNA approved by the organization at the time the journal was presented to the employee for signature;
- Full name and position of employees who must certify with their signature the fact of familiarization with this or that regulatory act;
- structural units in which employees who sign the journal carry out their labor activities;
- dates of familiarization of employees with LNA.
The structure of the journal should also include columns for affixing signatures of employees certifying their familiarization with the LNA given in the list.
The document is approved by the head of the enterprise.
Where to download a sample magazine
You can download the completed LNA familiarization log form on our portal. We have prepared a source for you, designed in accordance with the structure we discussed in the article.