Meet the personnel regulations. Personnel regulations: some legal aspects of development

________________________ (name of enterprise) I APPROVED the Personnel Regulations “___” _____ 2004

_______________________ (head of the enterprise) ______________________ (signature) (I.O.Last name) "___" _____ 2004 1. General provisions 1.1.These Regulations have been developed and adopted in accordance with the provisions of the Charter _________________________________________________ (the full name is indicated legal entity, including the organizational and legal form, hereinafter referred to as the Organization) and in accordance with the procedure in force in the Organization for the development and adoption of local regulations. 1.2. The Regulations determine the basic requirements for the formation of personnel of the Organization, the procedure for hiring in the Organization, the main responsibilities and rights of the personnel and administration of the Organization, the organization of work, working hours, advanced training and guarantees of employment of personnel, incentives for success in work and responsibility for violations of labor discipline , formation of social partnership between the staff and administration of the Organization. 1.3. The Organization’s personnel is a group of workers who have an employment relationship with the Organization on the basis of employment contracts. 1.4. Persons performing work (services) for the Organization on the basis of civil law contracts or other agreements that do not fall under the concept of an employment contract are not considered to be members of the staff. 1.5. According to the employment contract and the order of the General Director of the Organization or the order of the official authorized by him, employees occupy paid positions in structural divisions Organizations or jobs according to profession. 1.6. In accordance with the procedure established by the Organization, employees are issued a certificate or pass of the established form. The following categories of employees are established in the Organization: - heads of the Organization; - heads of departments; - specialists; - technical performers; - Jr service staff. The employee’s job responsibilities and qualification requirements for him are determined job description and an employment contract. Organizational structure and staffing table approved by order of the Head of the Organization 2. Basic principles of the organization labor activity in the Organization and the relationship between the administration and staff 2.1. Labor activity in the Organization is carried out based on the following basic principles: - legality; - binding decisions of higher bodies of the Organization for all employees; - control and accountability of the activities of employees, responsibility of employees for failure to perform or improper performance of their duties; - non-partisanship (structures of political parties and movements are not created in the Organization. Employees in the performance of job responsibilities are not guided by the decisions of parties, political movements and other public associations in which they may belong); - employment and equal access to vacant positions and jobs in accordance with the abilities and professional training of everyone; - fair remuneration for labor contribution; - industrial democracy and social partnership; - ensuring the rights to labor protection and social protection of the Organization’s employees; - stability of labor relations. 2.2. The labor activities of the Organization’s employees are regulated Labor Code RF, other regulations Russian Federation, as well as internal local regulatory documents. 2.3. The administration and staff of the Organization, as the principles of their relationships, proceed from the readiness of the staff: - to understand the tasks facing the Organization, both strategic and current in nature; - feel that you belong to the affairs of the Organization; link personal interests with the interests of the Organization; - fully share and support the values ​​and corporate interests put forward by the Organization; - accept responsibility and risk for the affairs of the Organization, the economic results of its activities, success and failures. 2.4. The principles provided for in paragraph 2.3 of the Regulations have ethical significance for personnel only in cases expressly specified in these Regulations and are mandatory for personnel. 3. Recruitment of personnel to work in the Organization 3.1. Recruitment of personnel to work in the Organization is carried out by the Administration of the Organization in accordance with current labor legislation by concluding an employment contract and is formalized by order of the Head of the Organization. 3.2. Urgent employment contract concluded with employees in the cases provided for in Art. 59 of the Labor Code of the Russian Federation. 3.3. In all other cases, indefinite employment contracts are concluded with the hired personnel. 3.4. When joining the Organization, the employee, in accordance with the current labor legislation, presents to the Administration of the Organization: - a passport or other identification document; - work book, with the exception of cases when an employment contract is concluded for the first time or an employee starts working on a part-time basis; - state insurance certificate pension insurance; - military registration documents - for those liable for military service and persons subject to conscription military service; - a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training. - in cases where the employee has received a certificate of registration with tax authority, it is also presented to the administration upon admission to work. 3.5. Hiring without the documents specified in clause 3.4 of the Regulations is not carried out. 3.6. In order to most fully assess the professional and business qualities of an employee being hired, the latter may be asked to provide a brief written description (resume) of previously performed work, ability to use office equipment, work on a computer, etc. Every person applying for a job undergoes a mandatory interview, and necessary cases— testing. 3.7. Employment in the Organization is carried out, as a rule, with a probationary period lasting from one to three months. 3.8. A probationary period is not established for categories of employees in cases provided for by the labor legislation of the Russian Federation and the collective agreement. 3.9. Hiring after concluding an employment contract is formalized by an order, which is announced to the employee against signature within three days. 3.10. Actual admission to work with the knowledge or on behalf of the administration of the Organization, regardless of whether the employment contract was properly drawn up, is considered the conclusion of an employment contract. In this case, the employment contract must be drawn up no later than three days from the date the employee is actually allowed to work. 3.11. When an employee starts work before concluding an employment contract or when transferring him to in the prescribed manner for another job, the administration of the Organization is obliged to: - familiarize him with the assigned work, conditions and wages, job description, explain rights and responsibilities. - familiarize yourself with these Regulations; with internal labor regulations and Regulations on the protection of employee personal data; - provide training on safety precautions, industrial sanitation, fire protection and other labor protection rules; - instruct on the procedure and measures that an employee must follow to preserve information that constitutes a commercial or official secret of the Organization, and responsibility for its disclosure or transfer to other persons. 3.12. If necessary, by decision of the head of the structural unit, the hired employee undergoes a short training course. 3.13. When released due to a reduction in staff or numbers, the employee must be provided with another job if there are suitable vacant positions or offered to undergo retraining. If the employee refuses these offers, the employment contract with him is terminated. 3.14. Termination of an employment contract can only take place on the grounds and in the manner provided for by labor legislation or the conditions of labor and collective agreement. 3.15. The employee has the right to own initiative terminate an employment contract concluded for an indefinite period by notifying the administration of the Organization in writing two weeks in advance, and during the test period - three days in advance. 3.16. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the administration is obliged to issue the employee a work book, other documents related to the work (upon a written application from the employee) and make a final payment to him. 3.17. By agreement between the employee and the administration, the employment contract can be terminated before the expiration of the notice period for dismissal. 3.18. A fixed-term employment contract is terminated upon expiration of its validity period, of which the employee must be notified in writing at least three days before dismissal. 3.19. A fixed-term employment contract concluded for the duration of certain work is terminated upon completion of this work. 3.20. A fixed-term employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work. 3.21. Termination of an employment contract is formalized by order of the Head of the Organization. On the day of dismissal, the administration is obliged to give the employee his work book with a note of dismissal included in it and make a final settlement with him. Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law. Links should be given to the relevant article, paragraph of the Labor Code of the Russian Federation or other federal law. The day of dismissal is considered the last day of work. 4. Basic rights and responsibilities of personnel 4.1. An employee of the Organization is obliged to: - carry out his work activities in accordance with the job description, the terms of the labor and collective agreement within the limits of the rights granted to him; - carry out orders, instructions and instructions from senior management; - ensure a high culture of its production activities; - maintain and improve the level of one’s qualifications necessary to perform official duties, strive for self-improvement, and be proactive; - comply with the internal labor regulations established in the Organization, business style in appearance and etiquette standards, production and financial discipline, have a high internal culture and self-discipline, and not commit actions that entail damage to the Organization and lead to undermining its business reputation; - treat the Organization’s property with care, take measures to prevent damage that may be caused to the Organization; - not to disclose commercial and other information that is confidential and becomes known to him in the process of execution labor responsibilities; - do not use for speeches and publications in media mass media both in Russia and abroad, information received by virtue of official position, defined by special documents of the Organization as a commercial (official) secret, the dissemination of which could harm the Organization or its employees; - An employee has the right to provide information containing official and commercial secrets only in connection with the initiation of a criminal case and in other cases directly provided for by law, having notified about it immediate supervisor; - fully share and support the corporate values ​​put forward by the Organization; - promote the formation of a cohesive team spirit, build relationships with colleagues on a friendly basis, providing them with professional support and assistance if necessary; - comply with labor protection and safety requirements, rules fire safety and industrial sanitation; - maintain cleanliness and order in your workplace, office and other premises, comply with the established procedure for storing documents and material assets; - effectively use the technical means and equipment used in work, economically and rationally use materials, energy, and other material resources. For the material and technical means necessary to perform his work received from the administration, the employee bears financial liability in accordance with the current legislation of the Russian Federation, agreements on full financial liability are concluded with employees who directly service material and monetary assets. 4.2. The employee has the right: - to demand, when concluding an employment contract, that the content and scope of his job responsibilities be written in it (or a job description) and that organizational and technical conditions for their execution be provided; - make suggestions and comments directly to the management of the unit or Organization; - request and receive, in the prescribed manner, from immediate managers and support services information and materials necessary for the performance of official duties; - make suggestions and comments on labor organization issues; - receive information about the system, procedure and amount of material remuneration, as well as provided compensation and benefits established in the Organization; - participate in competitions for filling vacant positions, including higher ones; - for promotion, increase in salary taking into account work results and skill level; - to receive financial assistance on the terms and in the manner established by the Organization; - get acquainted with all materials of your personal file, certification results, reviews and other materials about your activities; - for judicial protection of their interests. 5. Basic rights and responsibilities of the administration 5.1. The Administration of the Organization is obliged to: - comply with labor legislation, conditions stipulated by labor and collective agreements; - ensure social insurance of all employees and payment of social benefits provided for by the current legislation of the Russian Federation; - organize the work of employees; - provide workers with the necessary technical means, equipment, supplies and office equipment; - create safe working conditions that comply with labor protection, safety, and sanitary standards, fire regulations; - ensure compliance with labor discipline; - comply with the terms of remuneration stipulated in the employment contract, pay wages on time; - assist employees in improving their qualifications and improving professional skills; - contribute to the creation in the workforce of an interest in the success of the Organization; - carry out activities aimed at increasing the efficiency of personnel, their interest in strengthening a stable position and sustainable financial activities Organizations. 5.2. The Administration of the Organization has the right to: - demand that employees of the Organization fulfill the duties provided for in the employment contract and job description; - demand from the Organization’s employees compliance with labor discipline, working hours and rest, compliance with the standards established by these Regulations and other local regulations; - to recover, in accordance with the procedure established by current legislation, from the employees of the Organization for direct actual damage caused to the Organization, for shortage, loss, misappropriation, damage to material assets. The employee bears financial liability both for direct actual damage directly caused by him to the Organization, and for damage incurred by the Organization as a result of its compensation for damage to other persons; - demand from the employee the timely return of the technical equipment issued to him for the performance of professional duties in accordance with the terms of the employment contract, specified in paragraph 5.1 of these Regulations, belonging to the Organization and being its property. 5.3. The Administration of the Organization acts as an employer and at the same time: - emphasizes respect for the rights, individuality and value of each employee by encouraging him to perform highly productive work in a friendly and stimulating atmosphere for work activity, the desire for openness and freedom - provides all employees with equal opportunities to realize their individual abilities , providing an objective assessment of results for quality work performed; - is interested in high ethical standards in all aspects of production activities and the personal responsibility of each employee for the quality of the work performed; - welcomes constructive criticism and encourages employee initiative; - contributes to the unification of employees into an integral work team, the creation of a healthy creative and moral-psychological environment in it, ensuring a spirit of solidarity and a sense of interest of all personnel in the success of the Organization as the basis for its well-being; - is attentive to the needs, requests and requirements of employees. Exercising its rights and obligations, the administration of the Organization strives to create a professional team, develop corporate relations among employees, their interest in the development and strengthening of the Organization’s activities, its stable position, and sustainable financial activities. 6. Work time and rest time 6.1. Duration working week, working day and working hours, as well as rest days and holidays for the Organization’s employees are determined by the legislation of the Russian Federation and the internal labor regulations of the Organization. For individual employees of the Organization, the regime of working hours and rest time, taking into account the specifics of their work activity, is determined when concluding a contract. 6.2. The order of granting vacations is established by the Administration of the Organization, taking into account production needs and the wishes of employees and is fixed in the vacation schedule. Duration of annual paid leave for all employees according to current legislation is established for a period of no less than 28 calendar days. 6.3. When employees of the Organization go on regular vacation, in addition to vacation pay, they may be given a one-time benefit in the amount and manner established by the Organization. 6.4. Employees who have the necessary business and professional qualities, whose working conditions are determined by the specificity of their professional activity and official duties, if this allows manufacturing process, have the right to organize their work in a free manner. This is stipulated in the employment contract concluded with the employee. 7. Staff development 7.1. Continuous improvement of professional skills is considered as a direct official duty all managers and employees of the Organization. 7.2. For vocational training and advanced training of employees, the administration of the Organization, based on the interests of production activities and taking into account the desire of the employee to improve his qualifications, can carry out various shapes vocational training at the expense of the Organization. 7.3. The procedure for professional training of the Organization's employees is regulated by internal regulations and is implemented on their basis, taking into account the financial capabilities of the Organization and the employee's contribution to its activities. 8. Social guarantees for personnel 8.1. Provided stable financial situation An organization, by decision of the head of the Organization, the administration can provide the following additional social guarantees to working personnel: - additional leave; - payment of additional amounts to the state social insurance benefit established by law; - medical, sanatorium and resort consumer services. 8.2. Social guarantees provided for in clause 8.1. of this Regulation may also apply to former employees Organizations that made a major contribution to its work and left due to retirement. 9. Encouragement of personnel for success in work 9.1. For highly professional performance of job duties, increased labor productivity, long-term and impeccable work and other successes in work, the following measures are used to encourage employees of the Organization: - declaration of gratitude; - issuance of bonuses; - rewarding with a valuable gift; - presentation of a certificate; - nomination for the title “Best in the Profession”. Other types of incentives for employees for work are determined by the collective agreement and the internal labor regulations of the organization (Regulations on Incentives). 9.2. Incentives are announced by order and brought to the attention of the team. Information about employee incentives is entered into his work book. 10. Disciplinary measures 10.1. For committing disciplinary offense, non-fulfillment or improper fulfillment by an employee through his fault of the labor duties assigned to him, the administration of the Organization has the right to apply the following disciplinary sanctions: - reprimand; - reprimand; - dismissal for appropriate reasons. 11. Final provisions 11.1. The rules provided for by these Regulations are mandatory both for the administration of the Organization and for its employees who make up the staff of the Organization. 11.2. When concluding an employment contract, the employee is obliged to accept and comply with the provisions of these Regulations. 11.3. The inclusion in an employment contract of conditions that worsen the employee’s position in comparison with the norms provided for by these Regulations, the collective agreement and the current labor legislation is not allowed. 11.4. In case of disputes regarding labor relations between the administration and staff, the parties have the right to resolve the terms of their relationship by going to court.

Staff Regulations– a policy document establishing the principles of labor relations, methods of organizing work in the company, the basic rights and obligations of the company and its personnel.

At the same time, the Personnel Regulations not only list the principles of corporate culture, but also indicate the mechanisms for putting them into effect - the mutual rights and responsibilities of staff and management, the organization’s responsibility to staff, and vice versa.

Thus, the Personnel Regulations are a document that formulates the social and labor ideology of the organization in relation to its personnel and lays the foundations of the corporate culture. The mechanisms for implementing the norms of the Personnel Regulations themselves are indicated either in additional local acts or in specific plans that describe a set of measures and the timing of their implementation.

The personnel regulations are a document borrowed from foreign practice in regulating labor relations. Its active implementation in Russian companies began in the 90s of the twentieth century. Previously, this document was replaced by the Internal Labor Regulations. It should be noted that in their purpose and structure these documents are largely similar. However, the Personnel Regulations regulate in more detail the labor relations of the company and its employees.

The personnel regulations are usually developed by the company's management, and the hired personnel are asked to accept and comply with its terms.

Stages of development of the Personnel Regulations:

1. Creation of a commission to develop the Regulations. Since this provision is one of the main local regulatory documents, the participation of heads of structural divisions is necessary in the development and approval of its individual points. In addition, various specialized specialists from the remuneration department, human resources department, and legal department are involved in the work. The commission is headed, as a rule, by the HR director.

2. Determination of subjects covered by the Personnel Regulations. By general rule Personnel are persons who have an employment relationship with the company. The personnel regulations do not apply to persons providing services under civil contracts. The other entity is the employer. Most often, according to tradition, it is designated by the concept of “administration”. Instead of “administration,” the term “management” can be used.

3. Formulation of the basic principles and rules of relations between staff and the company.

In the regulation of social and labor relations, the main principles are:

    Compliance with legal regulations;

  • equality of the parties;
  • voluntariness of accepting obligations;
  • prevention of forced or compulsory labor and discrimination in labor;
  • stability of labor relations.

4. Determining the structure of the Regulations and formulating the content of sections.

5. Agreement and signing of the document.

The regulations must contain approval statements from members of the commission responsible for developing the regulations. The regulation is signed by the head of the commission and approved by the head of the company. If the company has a trade union organization or there is another representative body of employees, then the Personnel Regulations must be agreed upon with them in the manner established by the Labor Code of the Russian Federation.

6. Company personnel must be familiar with the Personnel Regulations against signature.

Newly hired employees are introduced to the Regulations upon signature when signing an employment contract.

Structure of the personnel regulations:

The following version of the structure of the Regulations can be proposed:

    General provisions. The subjects covered by the Regulations are determined.

    Basic principles of relationships between staff and the company. The basic principles of social and labor relations are formulated.

    Procedure for registration and termination of employment relationships. The set of documents required for employment is indicated; categories of employees for whom the test is established; responsibilities of the organization to conduct induction training; procedure for terminating employment relations.

    Rights and responsibilities of personnel. The basic rights of company employees and their responsibilities are established.

    Rights and obligations of the company. The basic rights and responsibilities of the administration in the process of implementing labor relations with employees are secured.

    Working time and rest time. In strict accordance with the law, the number of working days and days off, the procedure for working on holidays, the procedure for providing annual leave etc.

    Staff development. The forms and procedure for carrying out professional training of personnel are indicated.

    Social package . This section may include additional social guarantees such as additional leave, additional medical care, etc.

    Incentives and penalties. Measures of disciplinary action, material and moral incentives are indicated.

    Final provisions. The mandatory implementation of the provision and the procedure for considering labor disputes are indicated.

The personnel regulations represent the concept of the relationship between the personnel and the company. Detailed mechanisms for implementing the provision are prescribed in separate provisions to the basic document, such as the Code of Business Ethics, Regulations on Personnel Training, Regulations on Material and Moral Incentives, etc.

Benefits of the Staff Regulations

The advantage of introducing personnel regulations into an organization rather than a collective agreement is obvious.

    Firstly: a collective agreement must be developed in strict accordance with labor legislation, namely, with the Law of the Russian Federation of March 11, 1992 No. 2490-I “On collective contracts and agreements” (as amended on December 30, 2001) and the Labor Code of the Russian Federation. The norms of these documents provide for a clear procedure for the development and conclusion of a collective agreement (negotiations, resolution of disagreements, provision of guarantees and compensation during negotiations and development, etc.). In contrast to a collective agreement, the personnel regulations, as a rule, are developed by the management or owners of the organization, and the hired personnel are only asked to accept and comply with its terms. At the same time, of course, the possibility of revising the terms of the situation at the initiative of the staff is not excluded.

    Secondly: a collective agreement presupposes the presence of representatives of workers - bodies of trade unions and their associations, as well as public initiative bodies formed on general meeting(conferences) of workers. In a small company, the creation of such a body will not be encouraged, although the organization’s management has no right to prohibit it. The advantage of the personnel regulations is that, as a rule, personnel service or the personnel service is vested with the authority to represent both parties to the labor relationship (staff and employer).

    Third: failure to comply with a collective agreement or violation of some of its terms by the employer entails very serious consequences for him. Employees and their representatives, in accordance with the law, have the right to put forward demands, and the employer is entrusted with the responsibility not only to consider these demands, but also to make a decision. If he did not inform about his decision within the prescribed period or rejected the workers’ demands, the situation is qualified by labor legislation as the moment of the beginning of a collective labor dispute. Consequently, all procedures established by Federal Law No. 175-FZ of November 23, 1995 “On the procedure for resolving collective labor disputes” (as amended on December 30, 2001) and the Labor Code of the Russian Federation apply to it. In accordance with labor legislation, compliance with the terms of the collective agreement by the employer can be achieved different ways- starting from a strike and the employer’s obligation to fulfill the terms of the collective agreement in court and ending with bringing the employer and its representatives to administrative liability.
    The personnel regulations in the form in which they are used in Russia, more beneficial for the employer. Very rarely can you find a section or article devoted to the responsibility of the employer (management and owners).

    Fourth: a collective agreement is a clear legal document and the employer is obliged to fulfill its obligations accurately, timely and in full. The personnel regulations, as already noted, are more of a program document. In the Western model of personnel management, personnel regulations are just a proposal from the company. It formulates the social and labor ideology of the company in relation to its personnel and lays the foundations of the corporate culture. The mechanisms for implementing the personnel regulations themselves are indicated either in additional local acts (for example, in the “Regulations on Social Guarantees and Benefits”), or in specific plans that describe a set of measures and the timing of their implementation. Thus, the personnel regulations most often include a personnel development program, which involves the following activities: planning to supply production with labor resources; personnel selection; formation of a regional labor resource bank; hiring labor; career guidance, training and retraining of personnel; personnel certification; organizing employee promotion and staff rotation; providing job security; Labour Organization; salary; rules of staff conduct; social development personnel; release of personnel; etc.

In addition to these reasons for employers' preference for personnel regulations over collective agreements, new technologies for personnel management should also be mentioned. They, being built on Western experience, do not consider the collective agreement as a document regulating social and labor relations in the organization.

Approved by the Board of Directors of the closed joint stock company _______________________________ "__"___________ 20___ REGULATIONS ON THE PERSONNEL OF THE CLOSED JOINT STOCK COMPANY "______________________________" 1. GENERAL PROVISIONS 1.1. This Regulation was adopted on the basis of paragraph ___ Art. ______ of the Company's Charter and in accordance with the current procedure in the Company for the development and adoption of local regulations. 1.2. The Regulations determine the basic requirements for the formation of the Company's personnel, the procedure for hiring the Company, the main duties and rights of the personnel and administration of the Company, the organization of work, working hours, advanced training and guarantees of employment of personnel, incentives for success in work and responsibility for violations of labor discipline , formation of social partnership between the personnel and the administration of the Company. 1.3. Personnel in the sense of these Regulations means the workforce of the Company’s employees. who are in an employment relationship with the Company on the basis of employment agreements (contracts) concluded with the latter and who work for the Company on a permanent basis 1.4. Persons performing work (services) for the Company on the basis of civil law contracts or other agreements that do not fall under the concept of an employment agreement (contract) are not considered to be members of the staff. and evidence of belonging to the Society. 1.7. The Company has established the following categories of positions: - managers of the Company; and only in cases expressly specified in these Regulations, are legally binding for personnel. 6. If necessary, by decision of the head of the structural unit, - heads of departments; undergoes a short training course. At the same time, the employee may be assigned a mentor from among the Company’s highly qualified specialists for the period of mastering job responsibilities. employees, which is paid in accordance with the established procedure. An employee has the right to provide information containing official and commercial secrets only in connection with the initiation of a criminal case and in other cases directly provided for by law, having notified his immediate superior; 3.7. The Company allows, with the consent of the heads of departments, by decision of the head of the Company, part-time and other extra work mobile phone and others) the Company’s administration may provide such technical means at the disposal of an employee by transferring them to the latter’s disposal. An employee who has received at his disposal from the Company administration the above technical means necessary for his professional activities bears financial responsibility for them in accordance with current legislation, accepts all it (or job description) contains the content and scope of their job responsibilities and provides organizational and technical conditions for their execution; - demand from the employee the immediate return of the technical equipment given to him for the performance of professional duties, in accordance with the employment agreement (contract), specified in clause 4.2 of these Regulations, belonging to the Company and being its property. necessary measures for their safety and careful handling and must, at the first request of the Company’s administration, return them to the latter. 4.3. An employee of the Company has the right to: - demand when concluding an employment agreement (contract) from _____ to ______ hours, the end of the working day is ____________. On the eve of holidays, work hours are reduced by 1 hour. For individual employees of the Company, the working hours and rest hours, taking into account the specifics of their work activities, are determined when concluding a contract. The day off is transferred to the next working day after the holiday. 9.2. In order to ensure employment guarantees, the Company's administration may stop hiring new employees if its production activities can be supported by the available staff; 6.2. In accordance with labor legislation, work is not carried out on the following holidays: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ If a day off coincides with holidays systematic failure to comply employee without good reasons , for absenteeism (including absence from work for more than 3 hours during a working day) without good reason, for appearing at work drunk or in a state of narcotic or toxic intoxication, as well as for committing theft at the place of work (in including small) property of the Company established by a court verdict that has entered into legal force or a resolution of an authority whose competence includes the imposition of an administrative penalty or the application of public sanctions, as well as on other grounds and in the manner prescribed by law. 11.7. All employees of the Company who are obliged in their daily work to comply with the procedure established by the Personnel Regulations must be familiar with the rules of these Regulations. responsibilities assigned to him by the employment agreement (contract) and the rules of these Regulations, if measures were previously taken against the employee Society. The trade union is an active partner of the administration in the development of production, economic and social programs and personnel development programs, which are approved by a joint decision of the administration and the trade union.

13. FINAL PROVISIONS 13.1. The rules provided for by these Regulations are mandatory both for the administration of the Company and for its employees constituting the personnel of the Company.

13.2. When concluding an employment agreement (contract), a condition is included as a mandatory clause that the employee accepts the rules of this Regulation as an integral part of the employment agreement (contract) and, therefore, in everything that is not directly provided for in the employment agreement (contract), the parties are guided by these Regulations. 13.3. The presence of the rule provided for in clause 12.1 of these Regulations does not deprive the personnel and administration of the Company of the right to regulate the terms of their relationships in the employment agreement (contract) differently than provided for by these Regulations; at the same time, the inclusion in the employment agreement (contract) of conditions that worsen the employee’s position in comparison with the norms provided for by these Regulations and the current labor legislation is not allowed. A document establishing the principles of labor relations, methods of organizing work in the company, the basic rights and obligations of the company and its personnel. The beginning of the active use of personnel regulations to regulate social and labor relations coincides with the formation of modern Russia

the institution of private property and the emergence of the first

commercial organizations

The personnel regulations are a document borrowed from foreign practice in regulating labor relations. Its content was filled taking into account the Russian specifics of the relationship between employer and employee.

Today, there are three basic approaches to introducing basic local documents regulating labor relations into organizations. Thus, the following documents can be entered into the company:

a) only internal regulations;

b) internal labor regulations and personnel regulations;

c) staff regulations only.

In the first case, the Standard Internal Labor Regulations, approved by Decree of the USSR State Committee for Labor dated July 20, 1984 No. 213, are adapted to modern conditions. It must be said that, despite certain shortcomings, this option does not come into clear conflict with the norms of the Labor Code of the Russian Federation (Articles 189-190).

In the second, both documents are in effect in the organization in parallel. If management decides to introduce both regulations and rules, then the organization’s specialists must ensure that these documents do not contradict each other. As a rule, with this approach, the personnel regulations are a complex policy document about the relationship between the personnel and the organization represented by its management and owners. It defines the basic principles of corporate culture (organizational culture). In the theory of personnel management and the company as a whole, corporate culture is understood as a declaration of the most important internal values ​​of the company, behavioral norms shared by the staff and management of the company and transmitted through various (usually symbolic) means of the spiritual and material environment of the company. At the same time, the personnel regulations not only list the principles of corporate culture, but also indicate the mechanisms for putting them into effect - the mutual rights and responsibilities of the staff, management and owners of the organization, the responsibility of the organization to the staff, and vice versa. Internal labor regulations in this case are considered as the legal (and only) basis for regulating labor relations.

When using the third approach, the assimilation of the foreign and traditional Russian model of building labor relations occurs: the personnel regulations, while remaining focused on corporate culture, nevertheless contain all the basic provisions of the internal labor regulations.

A comparative analysis of these documents allows us to highlight the following points:

Comparative parameters

Internal labor regulations

Document focus

Local normative act an organization that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing workers, the basic rights, duties and responsibilities of subjects of labor relations, working hours, rest periods, incentives and penalties applied to employees, as well as other issues regulating labor relations In the organisation

Local regulatory act establishing: the principles of relations between staff and the company at the level of corporate ethics; ways of organizing work in the company; basic rights and responsibilities of the company and personnel; mutual responsibility of staff and company. The purpose of the position is to ensure not so much labor discipline as business discipline, to force staff to imbue with the “spirit” of the company, and also to motivate staff to work with greater efficiency through development and training programs, social programs, and sometimes profit sharing, etc.

Approximate structure

1. General Provisions

1. General Provisions

2. The procedure for hiring and dismissing employees

2. Basic principles of relations between staff and the company

3. Main responsibilities of employees

3. Procedure for registering labor relations

4. Main responsibilities of the employer

4. Rights and responsibilities of personnel

5. Working time and its use

5. Rights and obligations of the company (represented by its management and owners)

6. Rewards for success at work

7. Responsibility for violation of labor discipline

6. Working time and rest time

7. Secondment, transfer to a new place of work

8. Social guarantees for personnel

9. Personnel development and training programs

10. Staff profit sharing

11. Disciplinary and material measures (incentives and penalties)

12. Mutual responsibility of the staff and the company (represented by its management and owners)

Who approves

The employer, taking into account the opinion of the representative body of the organization’s employees

The head of the company in agreement with the heads of structural divisions (when the company has just been created). However, it is also possible to approve it at a general meeting of the labor collective, as well as approve and introduce the regulations through the founders of the company

Basis for development

Resolution of the USSR State Committee for Labor dated July 20, 1984 No. 213 “On approval of standard internal labor regulations for workers and employees of enterprises, institutions, organizations” and the norms of the Labor Code of the Russian Federation that came into force

A standard form of regulations on personnel of a joint-stock company, recommended for use by the State Property Committee of the Russian Federation and the Russian Federal Property Fund in 1994. It was she who was the first, and it is she who is preferred to be used as a basis. Besides standard form The personnel regulations of large foreign companies are used as an example.

Subjects of application

State, municipal organizations

Commercial organizations

Russian organizations

Joint organizations, foreign representative offices

An important conclusion can be drawn from the table: the personnel regulations, despite the fact that they were borrowed from Western models of personnel management, have always had a domestic analogue. And this analogue is a collective agreement, and not internal labor regulations. It is with this in mind that it is necessary to resolve the issue of introducing personnel regulations and (or) internal labor regulations into the organization. These are two completely different documents. If the regulations are a document about the ideology of the organization in relation to its personnel, then the rules are a rigid document about the routine in the organization.

The advantage of introducing personnel regulations into an organization rather than a collective agreement is obvious.

Firstly: the collective agreement must be developed in strict accordance with labor legislation, namely, with the Law of the Russian Federation of March 11, 1992 No. 2490-I “On collective contracts and agreements” (as amended on December 30, 2001) and the Labor Code of the Russian Federation. The norms of these documents provide for a clear procedure for the development and conclusion of a collective agreement (negotiations, resolution of disagreements, provision of guarantees and compensation during negotiations and development, etc.). In contrast to a collective agreement, the personnel regulations, as a rule, are developed by the management or owners of the organization, and the hired personnel are only asked to accept and comply with its terms. At the same time, of course, the possibility of revising the terms of the situation at the initiative of the staff is not excluded.

Secondly: a collective agreement presupposes the presence of representatives of workers - bodies of trade unions and their associations, as well as public initiative bodies formed at a general meeting (conference) of workers. In a small company, the creation of such a body will not be encouraged, although the organization’s management has no right to prohibit it. The advantage of the personnel regulations is that, as a rule, the personnel service or personnel service is vested with the authority to represent both parties to the labor relationship (staff and employer).

Thirdly: failure to comply with a collective agreement or violation of some of its terms by the employer entails very serious consequences for him. Employees and their representatives, in accordance with the law, have the right to put forward demands, and the employer is entrusted with the responsibility not only to consider these demands, but also to make a decision. If he did not inform about his decision within the prescribed period or rejected the workers’ demands, the situation is qualified by labor legislation as the moment of the beginning of a collective labor dispute. Consequently, all procedures established by Federal Law No. 175-FZ of November 23, 1995 “On the procedure for resolving collective labor disputes” (as amended on December 30, 2001) and the Labor Code of the Russian Federation apply to it. In accordance with labor legislation, the employer can achieve compliance with the terms of the collective agreement in various ways - from a strike and the employer’s obligation to fulfill the terms of the collective agreement in court and ending with bringing the employer and its representatives to administrative liability.

The personnel regulations in the form in which they are used in Russia are more beneficial for the employer. Very rarely can you find a section or article devoted to the responsibility of the employer (management and owners).

Fourth: a collective agreement is a clear legal document and the employer is obliged to fulfill its obligations accurately, timely and in full. The personnel regulations, as already noted, are more of a program document. In the Western model of personnel management, personnel regulations are just a proposal from the company. It formulates the social and labor ideology of the company in relation to its personnel and lays the foundations of the corporate culture. The mechanisms for implementing the personnel regulations themselves are indicated either in additional local acts (for example, in the “Regulations on Social Guarantees and Benefits”), or in specific plans that describe a set of measures and the timing of their implementation. Thus, the personnel regulations most often include a personnel development program, which involves the following activities: planning to supply production with labor resources; personnel selection; formation of a regional labor resource bank; hiring labor; career guidance, training and retraining of personnel; personnel certification; organizing employee promotion and staff rotation; providing job security; Labour Organization; salary; rules of staff conduct; social development of personnel; release of personnel; etc.

In addition to these reasons for employers' preference for personnel regulations over collective agreements, new technologies for personnel management should also be mentioned. They, being built on Western experience, do not consider the collective agreement as a document regulating social and labor relations in the organization.

The development of personnel regulations must be carried out systematically: it is necessary to provide for everything - from the company’s ideology (both in relation to the goals of creation and in relation to its personnel) to the funds for its implementation. That's why to work at preparatory stage Various specialized specialists are involved - the department of organization and remuneration, the personnel department, the legal department and other divisions of the organization. The group is headed, as a rule, by the development director or deputy head of the organization for personnel management.

Development begins with identifying the subjects to which the personnel regulations apply. Thus, as a general rule, personnel is recognized as a set of persons performing labor functions on the basis of employment contracts concluded with the organization. That is, the personnel regulations do not apply to persons performing work (providing services) on the basis of civil contracts. The other entity is the employer. Most often, in obedience to our accepted traditions, it is designated by the concept of “administration”. In the personnel regulations, it is advisable to clearly define what is meant by the administration of the organization. Administration (from the Latin administratio - management), from the point of view of labor law, is a set of officials who carry out the functions of labor organization and personnel management and have administrative powers. In turn, organizational and administrative powers are understood as functions for the management of the work collective, work area, production activities individual employees (selection and placement of personnel, work planning, organization of work of subordinates, maintaining labor discipline, etc.). The concept of administration includes both the head of the organization and other officials (deputy head, chief specialists, heads of structural divisions) to whom managerial powers are delegated. Instead of "administration" you can use the term "management".

Among the entities covered by the personnel regulations may be the founders of the organization, as well as family members of employees.

The personnel regulations should also define the external and internal philosophy of the organization. External philosophy is always aimed at maximizing profit, but rarely in any situation can such a formulation be found. Most often, the goal is designated as “maximum satisfaction of needs for consumer goods”, “carrying out economic and other activities aimed at meeting public needs for services”, etc. Internal philosophy is a set of principles and rules for the relationship between personnel and the organization, a system of values ​​and beliefs developed by the management and owners of the organization and voluntarily accepted by the staff. the main objective employer in this regard is to ensure such a level of material well-being of employees that allows one to expect from them high quality labor and interest in increasing the organization's profits. But at the same time, the rights and freedoms of the employee as a person and citizen must be respected. In this regard, here, first of all, it is necessary to turn to the Constitution of the Russian Federation, which guarantees a person:

Personal rights (the right to life, to personal integrity, respect for human dignity, free development of personality, protection from arbitrary attacks and interference in personal and family life etc.);

Cultural rights (the right to participate in cultural life, to freedom of creative activity and teaching, to intellectual property and its defense, etc.);

Social rights (right to social protection, social security, etc.);

Right to education;

The right to protect one's rights and freedoms in accordance with the law.

The Constitution of the Russian Federation provides directly labor rights citizens:

Right to work;

The right to freely dispose of one’s ability to work;

The right to choose the type of activity and profession;

The right to work in conditions that meet safety and hygiene requirements;

The right to remuneration for work without any discrimination and not lower than the minimum wage established by federal law;

Right to protection from unemployment;

The right to individual and collective labor disputes using the methods for resolving them established by federal law (including the right to strike);

The right to rest.

The Labor Code of the Russian Federation further specifies the rights of workers.

The personnel regulations also define the principles of relations between the personnel and the company. In the regulation of social and labor relations, the main principles are:

Compliance with legal regulations;

Authority of representatives of the parties;

Equality of the parties;

Voluntary acceptance of obligations;

Prevention of forced or compulsory labor and discrimination in labor;

The reality of ensuring accepted obligations, etc.

In addition, the following principles form the basis for the relationship between staff and the company:

Stability of labor relations;

Unity of command and subordination of subordinate personnel to superior ones;

The decisions of the company’s owners are binding on all personnel within their competence;

Control and accountability of the activities of employees and company management, their responsibility for failure to fulfill or improper performance of their duties;

Non-partisanship;

Personnel prospects;

In the most common layout of the personnel regulations, the principles of relations between the personnel and the company are also based on the readiness of the personnel:

Constantly develop your professional skills and abilities;

Understand the problems facing the company, both strategic and current;

Feel like you belong to the company;

Link personal interests with the interests of the company;

Fully share and support the interests of the company;

Accept responsibility and risks for the company's economic performance, success and failure.

It should be remembered that these principles have moral (ethical) significance for personnel. Therefore, when developing personnel regulations, it should be taken into account that for failure to comply with these principles, social, but not legal, liability is possible.

Very often, company owners demand that the provision include an obligation for staff not to criticize the company’s policies when communicating with customers and competitors, as well as a ban on reporting temporary difficulties of the company to anyone outside the company, or on committing actions that undermine the company’s reputation. In some provisions, you can even find a ban on employees going to court. The latter is illegal and has no legal force.

There are no uniform forms and layouts of personnel regulations. Each organization develops them independently. The layout given below is one of the most common and is refined and supplemented during direct development.

The personnel regulations can be developed as one document that sets out the main theses and the concept of the relationship between the personnel and the company. Detailed mechanisms for implementing the provision are described in separate annexes to the basic document. The number and composition of these applications depend on the company’s policy - these could be: “Code of Ethics” or “Code of Business Ethics”, “Personnel Development Program”, “Regulations on material and moral incentives”, “Regulations on social guarantees”, provisions on structural divisions, etc.

If Western models of personnel regulations are consistently and accurately introduced into organizations, then its developers should know that the regulations mean a whole package of separate documents. For example, it may include documents such as “Rules for hiring personnel”, “Basic principles of work in the company”, “Address to new employees”, “Address to the personnel of the general manager and owners of the company”, “Code of Ethics”, “Labor organization ", "Regulations on labor protection", "Rules of personal hygiene ( appearance, uniform, shoes, hairstyle)", "Regulations on personnel conduct", "Description of job responsibilities", "Staff discipline", "Regulations on personnel incentives", "Company relations with dismissed employees", etc. In addition, in The provision may include documents describing the scope of the company’s activities, its history, principles of working with clients, etc.

In any case, if the organization has a personnel regulation, accepted employees are introduced to it on receipt even before signing the employment contract.

about the personnel of the joint stock company

1. GENERAL PROVISIONS

1.1. These Regulations were adopted on the basis of an article of the Company’s Charter and in accordance with the Regulations in force in the Company on the procedure for the development and adoption of local regulations.

1.2. The Regulations determine the basic requirements for the formation of the Company's personnel, the development and implementation of personnel development programs, regulate the terms of payment, the procedure for hiring, promotion, certification, release of personnel, issues of forming a social partnership between personnel and administration.

2. CONCEPT OF PERSONNEL

2.1. Personnel in the sense of these Regulations is understood as a set of persons performing labor functions on the basis of an employment agreement (contract) concluded with the joint-stock Company.

2.2. Persons performing work (services) on the basis of a civil contract or other agreement that is not covered by an employment agreement (contract) are not considered to be members of the staff.

3. PRINCIPLES OF RELATIONSHIP between ADMINISTRATION AND STAFF

3.1. The administration of the joint-stock company and the personnel, as the principles of their relationships, proceed from the readiness of the personnel:

3.1.1. understand the problems facing the Company, both strategic and current;

3.1.2. feel that you belong to the Society;

3.1.3. connect personal interests with the interests of the Company;

3.1.4. fully share and support the values ​​and corporate interests put forward by the Company;

3.1.5. accept responsibility and risk for the affairs of the Company, the economic results of its activities, success and failures.

3.2. The principles provided for in clause 3.1 of these Regulations have moral significance for personnel, and only in cases expressly specified in these Regulations are they legally binding for personnel.

3.3. The administration has the right not to take measures favorable to the staff, the implementation of which depends, in accordance with these Regulations, on the counter-compliance by the staff with the principles specified in clause 3.1.

4. PERSONNEL DEVELOPMENT PROGRAM

4.1. The main document defining, on the basis of these Regulations, the relationship between the administration and staff is the Personnel Development Program. The Administration ensures the development, approval and implementation of the Program in accordance with the labor legislation of the Russian Federation.

4.2. The personnel development program includes:

4.2.1. planning to supply production with labor resources (taking into account the need to replenish and release workers);

4.2.2. personnel selection, formation of an electronic labor market bank;

4.2.3. labor recruitment procedures;

4.2.4. career guidance and retraining of personnel;

4.2.5. personnel certification;

4.2.6. organizing employee promotions and staff rotation;

4.2.7. ensuring job security;

4.2.8. organization of labor and stimulation of its payment;

4.2.9. rules of conduct for personnel and rules for working with them;

4.2.10. social development of personnel;

4.2.11. release of personnel.

4.3. An integral part Personnel development programs are a special section regulating the production, economic and social partnership of the administration and trade unions.

5. CONTRACT SYSTEM OF HIRING STAFF

5.1. Personnel are hired by the Company's administration in accordance with current labor legislation based on the use of two legal forms - contract and employment agreement.

5.2. The use of a contract form is mandatory when hiring managers, engineering and technical workers and employees whose official functions are related to the management of other employees, management of internal departments, relationships with personnel of other enterprises and organizations, if this is related to the solution of economic (commercial) issues or the disposal of property of the Company.

5.3. In all other cases not provided for in clause 5.2 of these Regulations, employment contracts are concluded.

6. IMPROVEMENT OF STAFF QUALIFICATIONS

6.1. Continuous professional development is the right and legal obligation of every employee. Each employee is obliged to constantly improve their skills. The responsibility of the administration is to provide each employee of the Company with the necessary conditions to maintain and improve the level of professional qualifications.

6.2. If it is necessary, in the interests of the Company, to switch to new products, technology, new methods of organizing production and management, the administration is obliged to provide all employees who, due to the above reasons, may lose their jobs, the opportunity for training and retraining.

6.3. Training and retraining of persons working under a contract is associated with the acquisition by the employee of special knowledge that requires expenses significantly exceeding those usually accepted; the administration and the employee have the right to agree on conditions for additional attraction of the employee’s funds.

7. RIGHT OF STAFF TO CHOICE FORMS OF LABOR ORGANIZATION

7.1. If the production process allows it, workers who have the necessary business and professional qualities have the right to organize their work freely.

7.2. Work teams of internal divisions have the right to organize work on the principles of intra-production (intra-company) entrepreneurship, to carry out their activities on the basis of commercial calculation or as part of autonomous partner groups.

8. STAFF EMPLOYMENT SECURITY

8.1. The Company's administration undertakes to provide each employee with guarantees of his employment (job retention), subject to the employees fulfilling their obligations and willingness to increase productivity and quality of work and compliance with the rules provided for in clauses 3.1.2–3.1.5, 6.1 of these Regulations.

8.2. To ensure these responsibilities, a special employment program is being developed.

8.3. In order to ensure employment guarantees and minimize the risk of unemployment, the Company’s administration uses the following methods:

8.3.1. periodic cessation of hiring new workers if the production program can be supported by existing personnel;

8.3.2. attracting exclusively temporary workers during periods of rising economic conditions and the need for the Company to increase production volumes;

8.3.3. maintaining (at the expense of all personnel) temporary redundancy of labor at the Company's enterprises;

8.3.4. maneuvering of labor resources within the Company, including through “horizontal movement” (transfer of employees);

8.3.5. application of a system of personnel retraining, retraining of workers;

8.3.6. temporary reduction of the working week during a period of deteriorating economic conditions;

8.3.7. temporary application of a system of early, extraordinary leaves or additional leaves with a reduction in the amount of pay for leave (or without it);

8.3.8. early retirement of an employee.

8.4. In case of early retirement due to age, the pension is paid from the funds of the Company's social pension fund in the manner and on the terms determined in the collective agreement and in the Regulations on the Company's funds and reserves.

9. SOCIAL GUARANTEES FOR STAFF

9.1. The administration provides all personnel with the following additional social guarantees while working at the Company’s enterprise:

9.1.1. additional leave due to temporary disability;

9.1.2. payment of additional amounts to the statutory state social insurance benefit;

9.1.3. medical, sanatorium-resort and consumer services.

9.1.4. additional compensation in compensation for harm caused by damage to the employee’s health (to the employee’s family - in the event of the latter’s death);

9.1.5. to maintain (preserve) the health of employees (carrying out, at the expense of the Company, an examination and assessment of the initial quality of health and ability to work of the employee);

9.1.6. maintaining health and bringing it into an optimal mode of self-regulation in the event of a decrease in the quality of health of an employee during work or due to circumstances not related to the performance of labor (official) functions (provided that the cause of the decrease in the quality of health was not the use of alcohol, drugs or other bad habits), periodic control medical examination of employees.

9.2. Provided in clause 9.1. responsibilities of the administration occur subject to the staff acting on the principles provided for in clauses 3.1.1–3.1.5 of these Regulations and compliance with clause 6.1 of these Regulations.

9.3. For the Company's employees who are pensioners (regardless of the type of pension assigned), the administration provides additional social measures in relation to the current legislation:

9.3.1. additional accruals to the pension received;

9.3.2. the measures specified in paragraphs. 9.1.3 – 9.1.5 of these Regulations.

9.4. The responsibilities of the administration provided for in clause 9.3 of these Regulations occur subject to the staff acting on the principles provided for in clause. 3.1.1 – 3.1.5 of these Regulations.

9.5. Social guarantees provided for in clause 9.3. of these Regulations are also accepted for former employees of the Company who left the Company due to retirement, provided that they comply with the requirements of clause 9.2 of these Regulations during the period of work.

10. PERSONNEL PARTICIPATION IN PROFITS

10.1. The company establishes a profit participation fund for personnel in accordance with the terms of the collective agreement and the rules provided for by the Regulations on the funds and reserves of the Company.

10.2. The profit sharing fund is formed from funds contributed by the Company and personnel. Fund funds are accounted for in personal accounts opened for each member of staff; in this case, the amount of the Company’s contribution is distributed among the staff in proportion to the salary of each employee.

10.3. The funds from the profit sharing fund due to the staff are blocked in the personal account of each of the Company’s employees and can be received (withdrawn) by the employee no earlier than three years from the date of their accrual. The funds of the fund are used by investing them: in shares and bonds of the Company itself; in various securities of other Companies, in government debt obligations, etc.

10.4. Income received from the use of the profit-sharing fund is subject to payment to staff as dividends in proportion to the amount of labor participation of employees; at the same time, the size of the minimum and maximum dividends for the Company as a whole should not exceed the ratio of 1:5.

10.5. Payment of dividends from the use of funds from the production profit sharing fund at the end of the financial year. For members of staff working under contracts, the terms of the contract may provide for a “deferred payment” method, that is, with a deferment.

10.6. Profit sharing is mandatory for all contract employees. Ordinary workers and employees participate in profits solely on a voluntary basis, personally concluding a profit-sharing contract with the Company's administration in each individual case.

10.7. The profit (income) sharing program (plan) is developed with the direct participation of personnel and is included as an integral part of the collective agreement.

10.8. Employees participating in the profits, along with the Company, share (in accordance with clause 3.1.5 of these Regulations) the risk of losses from unfavorable results of the Company’s production, economic and commercial activities and do not have the right to refuse appropriate compensation payments to the Company.

10.9. In case of temporary financial difficulties and in order to prevent further significant losses for the Company, the administration and representatives (committee) of personnel agree on the amount of wages (but not lower than the minimum established by law), limiting the amount of wages below the base one, as well as the amount of capital dividends paid employees from the profit sharing fund (see clause 10.4 of these Regulations); Neither party has the right to refuse to agree to these restrictions. In the event of the actual occurrence of the above losses, part of them in the amount agreed upon by the parties is reimbursed from capital dividends due to the staff or the capitalized amount on the employee’s personal account.

10.10. All issues related to the formation of the staff profit participation fund, in particular, determining the size of contributions, the procedure and amount of dividend payments, are resolved by the Board of Directors of the Company in agreement with the staff.

11. ADMINISTRATION, STAFF AND TRADE UNION

11.1. The Company's administration, staff and trade union operate as a whole on the principle of partnership between the Company's administration and staff.

11.2. The Company's administration recognizes the legal right of trade unions to represent personnel in the management of the Company, to take into account their independent interests in the production, economic and social activities of the Company. The trade union is an active partner of the administration in the development and implementation of any production, economic and social programs and personnel development programs that are approved by a joint decision of the trade union administration.

11.3. The trade union representative is a full member of the Company's Board of Directors; he is vested with all the rights belonging to a member of the Board of Directors (applies if there is a corresponding entry in the Company’s Charter).

11.4. Mutual obligations of the administration of the Company and the trade union for economic partnership may include, in response to the union’s obligations, limiting (“freezing”) wage growth, temporarily stopping (limiting) the payment of dividends on income from capital contained in the profit-sharing fund, investing certain amounts in development production to maintain guaranteed employment of personnel, distribute shares free of charge (or with partial payment) among personnel when increasing the authorized capital of the Company, pay for temporarily excess labor at the Company's enterprises, etc.

12. RESPONSIBILITY OF ADMINISTRATION AND STAFF

12.1. Failure by the administration to ensure the rights of personnel in the part provided for in clauses 6.1, 8.1, 9 of these Regulations gives the employee the right to early termination of the contract (employment contract) with payment to the employee of a penalty in the amount of 3 times the monthly salary.

12.2. Failure by personnel to fulfill the duties provided for in clause 6.1 of these Regulations gives the Company's administration the right, in the manner prescribed by law, to terminate the contract early (with the simultaneous application of sanctions specified in the contract) or the employment contract.

13. FINAL PROVISIONS

13.1. The rules provided for by these Regulations are legally binding both for the administration of the Company (employer) and for the Company’s employees - personnel.

13.2. When concluding an employment agreement (contract) as mandatory element a condition is included that the employee accepts the rules of these Regulations as an integral part of the employment agreement (contract) and, therefore, in everything that is not directly provided for in the employment agreement (contract), the parties are guided by these Regulations.

13.3. The presence of the rules provided for in clause 13.1 of these Regulations does not deprive the personnel and administration of the Company of the right to regulate in the employment agreement (contract) the terms of their relationships differently than provided for by these Regulations; at the same time, the inclusion in the employment agreement (contract) of rules that worsen the employee’s position in comparison with the norms provided for by these Regulations is not allowed.

Please note that other documents were compiled and checked by lawyers and are approximate; they can be modified taking into account the specific conditions of the transaction.